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Law

VA House Bill 1222

Notary Law Update: VA House Bill 1222

State: Virginia

Summary:

House Bill 1222 expands the list of acceptable IDs a Notary may accept as satisfactory evidence of identity.

Signed:  April 09, 2020

Effective:  July 01, 2020

Chapter: 902

Affects:

Amends Section 47.1-2 ("Satisfactory evidence of identity") of the Code of Virginia.

Changes:
  1. Provides that an individual who resides in an assisted living facility, as defined in COV 63.2-100, or a nursing home, licensed by the State Department of Health pursuant to COV 32.1-123 et seq.) or exempt from licensure pursuant to COV 32.1-124 may present: (a) an expired United States Passport Book, (b) expired United States Passport Card, (c) expired foreign passport, (d) or expired state-issued driver's license or state-issued identification card as satisfactory evidence of identity to a Notary, provided that the expiration of such document occurred within five years of the date of use for identification purposes.
Analysis:

House Bill 1222 was prescient in a way that could not have been predicted when the bill was prefiled for introduction in the Virginia House of Delegates on January 7, 2020. At that time news of the novel coronavirus spreading in Wuhan, China had been reported and just four days earlier on January 3, 2020, the Chinese alerted the Centers of Disease Control on the spread of the then-unknown virus. Fast forward to today. Many elderly are among the victims of COVID-19 and find themselves sick in their homes and hospitals and in need of the capability of signing powers of attorney, estate documents and other instruments to bring their affairs in order. Notarizing for the elderly has always been a challenge since these individuals often allow their driver's license to lapse and may not have obtained a non-driver's ID to replace it. House Bill 1222 will help these individuals to obtain Notary services by presenting certain expired identification credentials, as specified, to a Notary, provided that not more than 5 years have elapsed since the credential expired.

Read the bill text.

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