LegislationJul 01, 2010 - Vermont
VT House Bill 470 - House Bill 470 is a major judicial restructuring bill. The bill transfers responsibility for appointing Notaries from the judges of the superior court to assistant judges. In Vermont, assistant judges, also called “side judges,” are elected in every county and some sit on Traffic, Probate and Superior Court cases to review findings of fact. The bill now clarifies that applications for resident Notary commissions are to be submitted with the county clerk instead of the clerk of the superior court and nonresident applications are to be submitted with the assistant judge of the county where the applicant’s place of employment is located. The commissioning fee has been raised from $20 to $30, with the state realizing the increase in the commissioning fee.
LegislationJul 01, 2010 - Tennessee
TN House Bill 3651 - Tennessee enacts the Uniform Unsworn Foreign Declarations Act (UUFDA). The UUFDA permits a person living or traveling outside of the U.S. who must sign a sworn statement to make the statement under penalty of perjury without having to appear before a Notary or U.S. consular officer to take an oath or affirmation.
LegislationJul 01, 2010 - Tennessee
TN Senate Bill 3110 - Senate Bill 3110 authorizes licensed court reporters to administer oaths, swear in witnesses and record depositions without having a Tennessee Notary commission, and no longer requires a transcript taken by a court reporter to be notarized.
Legal CaseJul 01, 2010 - Arkansas
AR Supreme Court Opinion In RE Administrative Order No. 21 - In Rule 2010 Ark. 304, the Supreme Court of Arkansas opens the door to electronic filing of documents in the state’s courts. While the rule allows documents to be signed electronically, it does not allow Notaries to execute electronic notarizations. Any document required by law to be notarized must be signed and notarized conventionally (on paper) and then scanned prior to submission to the court.
LegislationJul 01, 2010 - Illinois
IL House Bill 6477 - House Bill 6477 amends Illinois’ Power of Attorney Act by clarifying that a power of attorney for property must be witnessed by one witness and notarized by a Notary who is not the witness for the power. In addition, the new law prohibits a Notary from notarizing a power under certain circumstances.
Legal CaseJun 28, 2010 - Georgia
GA Supreme Court Opinion S10Q0203 - The Georgia Supreme Court provides answers to several certified questions posed by the United States Court of Appeals for the Eleventh Circuit on the matter of Notary fees in the state of Georgia.
Rule/Regulation
Jun 01, 2010 - Oregon
OR Administrative Rules 2010 (Education, Seal) - Oregon amends its administrative rules for Notaries by changing the way information about approved vendors of educational courses appear on the Secretary of State’s Web site, by repealing prior rules that specified the exact dimensions of elements and information in a Notary’s official stamp and optional embosser and by now requiring all information in stamps and embossers to be reasonably legible. The new seal rules are temporary rules that are effective from July 1, 2010 through December 28, 2010.
LegislationMay 21, 2010 - Pennsylvania
PA House Bill 416 - The offense of impersonating a Notary in the Commonwealth of Pennsylvania is now considered a misdemeanor of the second degree unless the person intends to harm, injure or defraud a person. If criminal intent is present, the offense may be considered a misdemeanor of the first degree.
Legislation
May 12, 2010 - Utah
UT House Bill 304 - House Bill 304 prohibits the Lieutenant Governor from issuing an Apostille or certification for any document that is improperly notarized if notarization is required, or a document related to a purported government or sovereignty or “in itinere” status that seeks to legitimize the activities of certain individuals known as “freemen” or “sovereign citizens.”
LegislationMay 12, 2010 - Georgia
GA House Bill 1055 (2010) - House Bill 1055 raises the commissioning fee that clerks of the Superior Court may charge Notary applicants by $7 to $37. The bill also institutes a $125 civil filing fee that at least 3 counties believe must be passed on to Notary commission applicants, raising the commissioning fee to $162 for a 4-year commission. The new $125 civil filing fee is the subject of a formal attorney general opinion that was issued on July 27, 2010 stating that this fee does apply to Notary commission applicants.