NotaryDigest. Legislative Report: Recap of notary laws that went into effect in 2017

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1 A M E R I C A N A S S O C I AT I O N O F N O TA R I E S NotaryDigest Legislative Report: Recap of notary laws that went into effect in 2017 L CE E B R AT I N G YEARS IN B U SIN ESS By D. Valles Alaska HB 8 Effective Date: January 1, This bill amends many sections of Title 13, Chapter of the Alaska Statutes by adopting provisions from the Uniform Law Commission s Uniform Power of Attorney Act. This bill: n Permits a notary public to notarize a power of attorney with an electronic signature. n Stipulates that for a power of attorney to be valid, the principal must sign the power of attorney, or, if the principal is physically unable to sign the power of attorney, must direct, in the principal s conscious presence, another individual to sign the principal s name on the power of attorney. n Mandates that the principal must acknowledge his or her signature before a notary public or other individual authorized by law to take acknowledgments. n Provides that a notary public may consider that the principal has signed a power of attorney if the principal is physically unable to sign the power of attorney, and, in the presence of the notary public, directs another individual to sign pursuant to the Act. View Bill Text: HB 108 Effective Date: October 31, HB 108 adds a new Sub-Chapter 63 in Chapter 13 of the Alaska Statutes. HB 108 was signed and approved by the Governor on August 3, HB 108 enacts the Alaska Revised Uniform Fiduciary Access to Digital Assets Act. This bill: n Grants fiduciaries the legal authority to manage digital assets and electronic communications in the same manner that they manage tangible assets and accounts by power of attorney. n Defines digital assets as electronic records in which a person has a personal interest or right, which includes computer files, web domains, and virtual currency. n Stipulates that digital assets may include or restrict a fiduciary s access to electronic communications such as s, text messages, social media accounts, online photographs, electronic files stored in the cloud, and other electronic communications or records unless the principal consents in a will, trust, power of attorney, or other record. n Provides a statutory power of attorney form to grant this legal authority to an agent by a principal regarding his or her digital assets. Continued on page FOURTH QUARTER 2017 VOLUME 14, ISSUE 4

2 Legislative Report: Recap of notary laws in 2017 Continued from page 1 n Requires the statutory power of attorney to be acknowledged before a notary public. View Bill Text: Arizona _ SB 1078 Effective Date: March 27, This bill requires all state agencies, boards, and commissions to accept electronic records and electronic and digital signatures. This bill stipulates that the new adopted rules apply to electronic notaries public who perform electronic notarial acts with electronic and digital signatures. This bill: n Expands the definition of electronic signature to include digital signatures. n Transfers and delegates the duty to adopt policies, procedures, and administrative rules for electronic and digital signatures to the Department of Administration rather than the Secretary of State. n Requires the Department of Administration, in consultation with the State Treasurer, to adopt policies, procedures, and administrative rules for the use of electronic and digital signatures and electronic records for all state agencies, boards, and commissions. n Requires all state agencies, boards, and commissions to accept electronic records and electronic signatures. n Specifies that governmental agencies, except state agencies, may determine if, and the extent to which, the subdivision will send and accept electronic records and electronic signatures. n Exempts the Judicial Branch from the requirement to accept electronic records and electronic signatures. n Stipulates that the new adopted rules apply to electronic notaries public who perform electronic notarial acts with electronic and digital signatures. View Bill Text: Arkansas HB 1450 Effective Date: August 3, This bill (1) permits notaries public to set their own reasonable fee for a notarial act that is disclosed and agreed upon by the principal before executing the notarial act; (2) sets a fine of $100 for notaries who violate this fee provision; and (3) forbids an employer from cancelling a notary surety bond that the employer purchased. This bill: n Removes the statutory maximum fees a notary public may charge for each notarial act. n Authorizes a notary public to set a reasonable fee for a notarial act; however, such fee must be disclosed and agreed upon by the principal before performing the notarial act. n Sets a minimum fine of $100 for a notary public who violates the new fee provision. n Prohibits an employer from cancelling a notary surety bond of a current or former employee that the employer paid for on behalf of the employee. n Dictates that a notary public may deny the performance of a notarial act for any reason, including when the principal: (1) does not appear to understand the nature of the transaction that requires the notarial act; (2) does not appear to be acting of his or her own free will; (3) lacks the ability to sign a notarial document using letters or characters of a language that is understood by the notary public; or (4) is not able to communicate directly with the notary public in a language understood by the principal and the notary public. n Provides a notary public the proper notarial procedures when notarizing a principal s signature by mark. n Provides a notary public the proper notarial procedures for performing a notarial act when a principal is physically unable to sign or make a mark on a notarial document. n Dictates that a notary public shall complete a notarial certificate that is worded in English. n Prescribes the information required in an executed notarial certificate. n Specifies what renders a notarial certificate incomplete. View Bill Text: Continued on page 3 2 AMERICAN ASSOCIATION OF NOTARIES

3 Legislative Report: Recap of notary laws in 2017 Continued from page 2 HB 1479 Effective Date: August 3, This bill enacts the Arkansas Electronic Notary Public Act. This bill prescribes very specific and significant provisions relating to electronic notarial acts and electronic notaries public. This bill (1) requires a traditional notary public in good standing with the Secretary of State to qualify and be commissioned as an electronic notary public; (2) requires an electronic notary public to complete a course of study and pass an examination approved by the Secretary of State and take a refresher course every two years; (3) requires an electronic notary public to use a solution provider approved by the Secretary of State; and (4) allows an electronic notary public to set a reasonable fee for each electronic notarial act. This bill: n Stipulates that electronic notarial acts include: (1) taking an acknowledgment; (2) administering an oath or affirmation; (3) witnessing or attesting a signature; (4) certifying or attesting a copy; and (5) noting a protest of a negotiable instrument. n Specifies the components required on an electronic notary seal or official electronic seal for an electronic notary public. n Requires an electronic notary public to attach his or her electronic signature and seal to the electronic notarial certificate in a tamper-evident manner. n Dictates that an electronic notary public may only use a solution provider approved by the Secretary of State for his or her electronic notarization solutions. n Dictates that an electronic notary public must maintain sole control of security aspects: (1) passwords; (2) token devices; (3) biometrics; (4) personal identification numbers; and (5) phrases. n Specifies that the electronic signature of an electronic notary public must be approved by the Secretary of State as an acceptable means before the notary affixes his or her official signature to an electronic record that is subject to an electronic notarization. n Requires an electronic notary public to execute an electronic notarial certificate with the information specified by law at the time of the electronic notarization. n Stipulates that a notary public who is appointed and commissioned by the Secretary of State as a traditional notary public and who is in good standing with the Secretary of State may apply to be commissioned as an electronic notary public. n Requires an electronic notary public to register with the Secretary of State, successfully complete an approved training course, and pass an examination approved by the Secretary of State. n Clarifies that the satisfactory evidence of identity methods for identifying a document signer for an electronic notarial act shall be the same as the methods required for a paper-based notarization, as specified by law. n Prohibits an electronic notary public from performing an electronic notarial act if the document signer does not personally appear before the electronic notary public at the time of the electronic notarial act. n Prohibits an electronic notary public from disclosing access information used to affix the electronic signature of the electronic notary public except when requested by: (1) law enforcement; (2) the courts; or (3) an electronic document preparation and transmission vendor. n Permits an electronic notary public to set a reasonable fee for an electronic notarial act; however, such fee must be disclosed and agreed upon by the principal before the performance of the electronic notarial act. n Sets a minimum fine of $100 per offense for an electronic notary public who violates the fee provision. View Bill Text: California _ AB 2217 Effective Date: January 1, Approved by the Governor on August 17, This bill amends Title 2, Division 1, Chapter 3, Sections 8211 and 8223 of the Government Code of the California Statutes. This bill raises the maximum fees notaries public may charge for notarial services from $10 to $15. This bill: n Authorizes notaries to charge $15 for taking an acknowledgment or proof of a deed, or other instrument, to include certificate and seal, for each signature taken. n Authorizes notaries to charge $15 for administering an oath or affirmation to one person and executing the jurat with seal. n Authorizes notaries to charge, for all services rendered in connection with the taking of any deposition, $30 and, in addition, $7 for administering the oath to the witness and $7 for the certificate to the deposition. n Dictates that notaries may not charge to notarize signatures on vote-by-mail ballot identification envelopes or other voting materials. Continued on page 4 FOURTH QUARTER

4 Legislative Report: Recap of notary laws in 2017 Continued from page 3 n Authorizes notaries to charge $15 for certifying a copy of a power of attorney under Section 4307 of the Probate Code. n Stipulates that notaries may not charge a fee to a United States military veteran for notarization of an application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran s benefit in accordance with Section n Authorizes notaries who are qualified and bonded as an immigration consultant under Chapter 19.5 of Division 8 of the Business and Professional Code to charge $15 for each set of immigration forms per individual. View Bill Text: AB 2143 Effective Date: January 1, AB 2143 amends Sections and and adds Sections and to the California Government Code. AB 2143 was signed and approved by the Governor on September 16, This bill: n Allows a county recorder to accept for recording any digital electronic real property record. n Permits an electronic notary public to electronically notarize any digital electronic real property record that is consistent with Section 27201(a) of the California Government Code. View Bill Text: AB 2566 Effective Date: January 1, This bill expands the list of acceptable non-state and foreign-issued documents that notaries public may reasonably rely upon as evidence to prove a person s identity when acknowledging a written instrument. This bill: n Permits a notary public to accept a valid passport from the applicant s country of citizenship as satisfactory evidence of identity for notarial services. n Permits a notary public to accept a valid consular identification document issued by a consulate from the applicant s country of citizenship as satisfactory evidence of identity for notarial services. n Deletes the statutory requirement that a foreign passport must be stamped by the United States Citizenship and Immigration Services (ISCIS) of the Department of Homeland Security in order to be reasonably relied upon by a notary public for notarial services. View Bill Text: AB 2296 Effective Date: January 1, Approved by the Governor on August 19, This bill amends Section of the Civil Code and Section 16.5 of the Government Code of the California Statutes. This bill stipulates that a digital signature may be used to satisfy the requirements of an electronic signature under the Uniform Electronic Transactions Act. This bill: n Includes within the definition of electronic signature under the Uniform Electronic Transactions Act (UETA), that, for purposes of the UETA, a digital signature as defined in subdivision (d) of Section 16.5 of the Government Code is a type of electronic signature. n Includes within the definition of digital signature under Section 16.5 of the Government Code that for purposes of that section, a digital signature is a type of electronic signature as defined under the UETA. n Clarifies that a digital signature authorized by Section 16.5 of the Government Code and subject to regulations adopted by the Secretary of State is one type of electronic signature that a public agency may choose to adopt under the UETA. View Bill Text: SB 974 Effective Date: January 1, SB 974 amends Sections 6107, 8205, 8206, 8213 and of the California Government Code. This bill: n Requires a person appointed as a notary public, who takes and subscribes his or her oath of office and files an official bond before a county clerk, to present an identification document that meets the satisfactory evidence of identity specified in Section 1185 of the Civil Code. n Permits a person appointed as a notary public to file his or her oath of office and official bond with the county clerk by certified mail or registered mail or any other means of physical delivery that provides a receipt. n Permits specified communications between a notary public and the Secretary of State s Office to be sent by, in addition to certified mail or registered mail, any other means of physical delivery that provides a receipt. n Requires a notary public to send to the Secretary of State s Office notification under these circumstances: 1) when a notary s journal is lost, stolen, misplaced, destroyed, or damaged; 2) when a notary s journal is seized by a peace officer; and 3) when a notary public s address changes. n Requires a notary public to respond within thirty days to any inquiry for information from the Secretary of State. View Bill Text: Continued on page 5 4 AMERICAN ASSOCIATION OF NOTARIES

5 Legislative Report: Recap of notary laws in 2017, Continued from page 4 SB 997 Effective Date: January 1, SB 997 amends Section 1185 of the California Civil Code. This bill: n Adds an identification card issued by a federally recognized tribal government to the list of identification documents that a notary public may use to verify identity when providing notarial services. n Stipulates that a notary public may rely on the presentation of an identification card issued by a federally recognized tribal government for notarial services if the identification card is current or has been issued within five years and contains the following elements: 1) a photograph; 2) a description of the person named on it; 3) the signature of that person; and 4) a serial or other identifying number. View Bill Text: District of Columbia DC B Administrative Rule Effective Date: May 17, DC B adds Chapter 53 to Title 28 of the District Columbia Official Code. The new rule: n Defines immigration service provider to mean a person who provides an immigration service to a client for a fee, excluding: (1) a person licensed to practice law in the United States; or (2) a person authorized under federal law, whether acting through a charitable organization or otherwise, to represent others in immigration matters. n Prohibits an immigration service provider from: (1) providing legal representation for an immigration matter; (2) making a misrepresentation or false statement to influence, persuade, or encourage a client to use the immigration service provider; (3) making a statement that he or she can obtain special favors from or has special influence with the United States governmental agencies; (4) collecting any fees or other compensation for immigration services not performed; (5) refusing to return documents supplied by the client to the client; or (6) advertising, representing, or communicating in any manner that the immigration service provider possesses titles or credentials that qualify him or her to provide legal representation. n Stipulates very strict advertisement requirements that immigration service providers must adhere to when advertising their immigration services in English or any other language. Such advertisements must state that the immigration service provider: (1) is not a licensed attorney; (2) cannot provide legal representation to any individual; (3) cannot represent any individual before any immigration governmental office or agency; and (4) cannot accept a fee for referring a client to another person for services not rendered. n Clarifies that an immigration service provider is strictly prohibited from the translation of the phrase notary public into Spanish as notario or notario public. n Requires immigration service providers to provide a written contract to a client listing: (1) the explanation of the services performed; (2) an itemization of all fees; (3) the right to rescind contract within 72 hours; (4) the right to file a complaint against the immigration service provider with the Office of the Attorney General s Consumer Protection Hotline; and (5) the right to consult with an attorney before signing the contract. n Provides criminal and civil penalties for a violation of this chapter, including, upon conviction, that the immigration service provider may be fined, imprisoned, or both. View Bill Text: District of Columbia Administrative Rule Final Regulation Effective Date: March 10, Clarifies that a notary public may not charge more than $5 per notarial act. View Bill Text: Florida HB 401 Effective Date: July 1, HB 401 amends Section of the Florida Statutes This bill: n Expands the list of forms of identification that a notary public may rely on in notarizing a signature on a document to include a veteran health identification card. n Stipulates that a veteran health identification card must: (1) be issued by the United States Department of Veterans Affairs; (2) be current or issued within the past five years; and (3) bear a serial or other identifying number. View Bill Text: Bill&BillNumber=0401&Session=2017 Continued on page 6 FOURTH QUARTER

6 Legislative Report: Recap of notary laws in 2017, Continued from page 5 Georgia _ HB 221 Effective Date: July 1, HB 221 adds Chapter 6B to Title 10 of the Official Code of Georgia Annotated. HB 221 enacts the Uniform Power of Attorney Act. This bill: n Allows a power of attorney to be electronically signed. n Requires that a power of attorney be: (1) signed by the principal or by another individual in the principal s express direction; (2) attested in the presence of the principal by one or more competent witnesses; and (3) attested in the presence of the principal before a notary public or other notarial officer who is authorized by law to administer oaths and who is not a witness. n Stipulates that all signatures and attestations on a power of attorney must be performed and conducted in the presence of all parties including the notary public. n Provides a statutory power of attorney form. View Bill Text: Idaho _ HB 209 Effective Date: July 1, This bill enacts the Revised Uniform Law on Notarial Acts (RULONA). This bill repeals Title 51, Chapter 1 (Idaho Notary Public Act) and Title 55, Chapter 7 (Acknowledgments) and adds a new chapter to replace the repealed Chapter 1, Title 51 of the Idaho Code. This bill prescribes major significant provisions relating to notaries public. This bill: n Prescribes new qualifications for a notary public commission including that (a) the applicant must be a citizen or permanent legal resident of the United States; and (b) the applicant must not be disqualified to receive a commission under section n Requires the Secretary of State or an entity approved by the Secretary of State to regularly offer a course of study to applicants who do not hold commissions as notaries public. n Stipulates that the course of study provision will not take effect until July 1, n Requires that an applicant seeking a notary public commission submit to the Secretary of State a $10,000 assurance in the form of a surety bond or its functional equivalent. n Requires a notary public who performs electronic notarizations to notify the Secretary of State prior to performing notarial acts with respect to electronic records and to identify the technology the notary intends to use. n Prescribes new notarial acts that a notary public is authorized to perform (a) signature witnessing; (b) verification upon oath and affirmation; and (c) protests. n Raises the maximum fee a notary public may charge for notarial services from $2 to $5. n Prohibits a notary public from performing a notarial act if the notary or notary s spouse is a party to or will receive a direct beneficial interest from the notarial act. n Dictates that when a notary public performs a notarial act regarding a tangible or electronic record, the notarial certificate must contain (a) a statement of the jurisdiction in which the notarial act is performed; (b) the notary s signature and date; (c) the notary s commission expiration date; and (d) the notary s official stamp. n Provides a list of prohibited acts that notaries public are not allowed to perform such as (a) assisting persons in drafting legal records, giving legal advice or otherwise practice law; (b) acting as an immigration consultant or an expert on immigration matters; (c) representing a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or (d) receiveing compensation for performing immigration activities. n Prohibits a notary public, other than an attorney licensed to practice law in this state, from using the term notario or notario publico. n Replaces most of the current notarial certificate forms with the RULONA short form certificates. n Stipulates that on October 1, 2018, the notary s stamping device (a) is no longer required to contain a serrated or milled edge border; (b) must not exceed two and one-fourth (2.25) inches by one inch if rectangular or one and three-fourths (1.75) inches in diameter if circular; and (c) must be an inked stamp that provides an image that is readily visible upon copying. n Stipulates that on October 1, 2018, the notary s official stamp must contain the following requirements (a) the notary s name; (b) the words Notary Public ; (c) the words State of Idaho ; (d) the notary s state-issued commission number; and (e) may include the words my commission expires: followed by the notary s current commission expiration date. Continued on page 7 6 AMERICAN ASSOCIATION OF NOTARIES

7 Legislative Report: Recap of notary laws in 2017, Continued from page 6 n Stipulates that a notary public is responsible for the security of the notary s stamping device and may not allow another individual to use the stamping device to perform notarial acts. n Mandates that a notary public destroy, deface, damage, or erase his or her stamping device to render it unusable in the event of resignation, revocation, or expiration of the notary s commission. n Requires a notary s personal representative or other person knowingly in possession of the notary s stamping device to render it unusable in the event of the notary s death or adjudication of incompetency. n Requires a notary public to notify the Secretary of State when his or her stamping device is lost or stolen. View Bill Text: Illinois SB 1459 Effective Date: August 25, SB 1459 adds Section to Title 5, Chapter 312 of the Illinois Compiled Statutes. This bill: n Creates the Notarization Task Force on Best Practices and Verification Standards to Implement Electronic Notarization. n Requires the Task Force to review and report on national standards on best practices in relation to electronic notarizations, including security concerns and fraud prevention. n States that the goal of the Task Force is to investigate and provide recommendations on national and state initiatives to implement electronic notarization in such a manner that increases the availability of notary public services, protects consumers, and maintains the integrity of the electronic notarization seal and signature. n Dictates that the report from the Task Force must include: (1) standards for an electronic signature, including encryption and decryption; (2) the application process for electronic notarial commission; (3) the training of notaries on electronic notarization standards and best practices prior to the commission of an electronic notary; (4) recommendations on fees for notary application and commission; (5) which acts can be attested to by electronic notaries; (6) the security measures that will protect the integrity of the electronic notary s electronic signature; and (7) the standards that the Secretary of State may rely upon for revoking an electronic notarization. n Requires the Task Force to make a recommendation on whether, and to what extent, this act should be expanded and updated. n Requires the Task Force to submit its report to the Governor and General Assembly no later than June 30, n Requires the Office of the Secretary of State to provide the Task Force with administrative and other support. View Bill Text: Maine LB 1323 Effective Date: September 19, LB 1323 amends Title 4 Sections 955 and 955-C and Title 21-A Sections 902, 903-D and 905 of the Maine Revised Statutes Annotated. This bill: n Provides that allowing another individual to use a notary s commission is a basis for the Secretary of State to suspend, revoke, or refuse to renew the commission of the notary public. n Requires that a circulator sign a petition in the presence of a notary public or other notarial officer to verify by oath or affirmation that the circulator personally witnessed all signatures to the petition. n Requires a notary public or other notarial officer after administering the oath to the circulator to sign a notarial certificate on the petition in the presence of the circulator. n Requires a notary public or other notarial officer to maintain a notary log of the petitions for which the notary public administered the circulator s oath. n Prohibits a notary public or other notarial officer from notarizing or certifying a petition for a direct initiative or people s veto if the notary public is employed or compensated by a petition organization or ballot question committee for any purpose other than providing notarial acts. n Removes the provision that requires the Secretary of State to establish an online reporting system for suspected fraudulent signature gathering practices. n Authorizes the Secretary of State to invalidate a petition if the Secretary of State is unable to verify the notarization of that petition. Continued on page 8 FOURTH QUARTER

8 Legislative Report: Recap of notary laws in 2017, Continued from page 7 n Requires the Secretary of State to establish a method to facilitate the acceptance of reports from members of the public regarding suspected fraudulent or illegal signature gathering practices for direct initiative and people s veto petitions. View Bill Text: Massachusetts SB 2064 Effective Date: January 4, This bill incorporates most of the Governor s Executive Order of 2004 into statute regulating notaries public and provides additional changes that address notarial issues. This bill: n Mandates that each notary public keep an official notarial seal or stamp that includes the following elements: (i) the notary s name exactly as indicated on the commission; (ii) the words notary public and Commonwealth of Massachusetts or Massachusetts ; (iii) the expiration date of the commission in the following words: My commission expires ; and (iv) a facsimile of the seal of the Commonwealth. n Stipulates that for a notarial seal that requires ink, black ink shall be used. n Mandates that a notary public keep, maintain, protect, and provide for lawful inspection a chronological official journal of notarial acts performed by the notary public. n Specifies that a notary public who is an attorney or who is employed by an attorney and by virtue of such employment performs notarial duties shall not be required to maintain a notary journal. n Prohibits a notary public from recording a social security or credit card number in his or her official journal. n Permits a notary public who works for a government entity to refrain from maintaining an official journal for the notarial acts performed in the course of that employment. n Requires a notary public to retain his or her official journal and records for seven years after the date of the notary s commission expiration date, resignation, or revocation. n States that a person commissioned as a notary public may perform notarial acts in any part of the Commonwealth for a term of seven years unless the commission is either revoked or the notary resigns. n Specifies that within ten days after the change of a notary s name, residence, business address or mailing address, the notary shall send to the state secretary a signed notice of the change and provide both the old and new information. n Prohibits a notary public from advising clients, offering legal advice, or representing or advertising the notary as a legal specialist or consultant unless the notary is an attorney licensed to practice law in Massachusetts. n Mandates that a notary public shall not use the term notario or notarial publico or any equivalent non-english term in an advertisement or on a business card, notice, or sign. n Prohibits a notary public who is not an attorney licensed to practice law in Massachusetts from offering legal advice or advising a client regarding his or her immigration status. n Prohibits a notary public who is not an attorney licensed to practice law in Massachusetts from conducting a real estate closing or acting as a real estate closing agent. However, a notary public who is employed by a licensed attorney may notarize a document in conjunction with a real estate closing conducted by the attorney, and a notary who is employed by a lender may notarize a document in conjunction with the closing of that lender s real estate loan. n Stipulates that a person convicted of committing a violation of Chapter 222 shall be punished for a first offense by a fine of not more than $1,000 or by imprisonment in a jail or house of correction for not more than six months, or both. n Establishes the penalties for a second offense as a fine of not more than $5,000 or imprisonment in a jail or house of correction for not more than one year, or both. View Bill Text: Nebraska _ LB 465 Effective Date: July 1, This bill creates uncodified sections in the Nebraska Revised Statutes. This bill enacts the Electronic Notary Public Act, which provides very specific guidelines, procedures, and rules relating to electronic notarization. This bill: n Provides definitions for such terms as electronic, electronic document, electronic notarial act, electronic notary public, electronic notary seal, electronic signature, notary public s electronic signature, and electronic notary solution provider. Continued on page 9 8 AMERICAN ASSOCIATION OF NOTARIES

9 Legislative Report: Recap of notary laws in 2017, Continued from page 8 n Dictates that a notary s electronic signature must be approved by the Secretary of State in accordance with the rules and regulations adopted and promulgated by the Secretary of State n Stipulates that notaries who want to perform electronic notarizations must hold a valid commission as a notary public in Nebraska. n States that before performing an electronic notarial act, a notary public must register with the Secretary of State in a manner prescribed by the Secretary of State. n Stipulates that an electronic notary public shall specify the technology the notary intends to use to perform an electronic notarial act and that such technology shall be provided by an electronic notary solution provider approved by the Secretary of State. n Dictates that the term of registration as an electronic notary public must coincide with the term of the commission of the notary public. n Provides that an electronic notary public may renew his or her electronic notary registration at the same time he or she renews his or her notary public commission. n Mandates that before registering as an electronic notary public, a notary shall take a course approved by the Secretary of State and pass an examination. n Dictates that the content of the course and examination must include notarial laws, procedures, technology, and the ethics of electronic notarization. n Provides that the fees for registering or reregistering as an electronic notary shall not exceed $100. n Authorizes an electronic notary public to perform the following electronic notarial acts: acknowledgments, jurats, verifications or proofs, and oaths or affirmations. n Stipulates that an electronic notarial act shall not be performed if the signer of the electronic document is not in the physical presence of the electronic notary public at the time of the notarization. n Prohibits an electronic notary public from performing an electronic notarization if the signer is not personally known to the electronic notary or identified through satisfactory evidence of identity as provided in Section n Dictates that an electronic notary, when performing an electronic notarial act, must include the following components attached to, or logically associated with, the electronic document: (1) the notary s electronic signature; (2) the electronic notary seal; and (3) the completed wording of a notarial certificate such as an acknowledgment, jurat, verification or proof, or oath or affirmation. n States that a notary s electronic signature in combination with the electronic notary seal shall be used only for the purpose of performing an electronic notarial act. n Mandates that an electronic notary shall safeguard his or her electronic signature, electronic notary seal, and all other notarial records. n Mandates that an electronic notary public must maintain notarial records. n Prohibits an electronic notary from surrendering or destroying notarial records except as required by court order or as allowed under rules and regulations adopted and promulgated by the Secretary of State. n Provides that an electronic notary must keep his or her electronic signature, electronic notary seal, and all other notarial records secure, under his or her exclusive control. n Prohibits an electronic notary from allowing another notary public or person from using his or her electronic signature, electronic notary seal, and notarial records. n Requires an electronic notary within ten days after discovering that his or her electronic notary seal or electronic signature has been stolen, lost, damaged, or otherwise rendered incapable of being attached to or logically associated with an electronic document to notify the Secretary of State and appropriate law enforcement agency in the case of theft or vandalism. n Dictates that when the registration of an electronic notary expires or is resigned, canceled, or revoked or when an electronic notary dies, he or she or his or her duly authorized representative shall erase, delete, or destroy the coding, disk, certificate card, software, file, or program that enables the attachment or logical association of the notary s electronic signature. n Stipulates that a former electronic notary whose previous registration was not revoked, canceled, or denied by the Secretary of State need not erase, delete, or destroy the coding, disk, certificate card, software, file, or program that enables the attachment or logical association of the notary s electronic signature if he or she reregisters as an electronic notary using the same electronic signature within three months after the registration expires. Continued on page 10 FOURTH QUARTER

10 Legislative Report: Recap of notary laws in 2017, Continued from Page 9 n Allows the Secretary of State to charge a fee of twenty dollars for issuing an electronic certificate of authority evidencing the authenticity of the notary s electronic signature and electronic notary seal of an electronic notary public. n Clarifies that nothing in the Electronic Notary Public Act requires a notary public to register as an electronic notary public if he or she does not perform electronic notarial acts. n Stipulates that a person violating the Electronic Notary Public Act is subject to having his or her registration removed under the removal procedures provided in Section n Permits the Secretary of State to adopt and promulgate rules and regulations to insure the integrity, security, and authenticity of electronic notarizations in accordance with the Electronic Notary Public Act. n Permits the Secretary of State to adopt and promulgate rules and regulations to include procedures for the approval of electronic notary solution providers by the Secretary of State. n Permits the Secretary of State to adopt and promulgate rules and regulations requiring an electronic notary to create and to maintain a record, journal, or entry of each electronic notarial act. n Specifies that Section to and to and the Uniform Recognition of Acknowledgments Act govern an electronic notary public unless the provisions of such sections and act conflict with the Electronic Notary Public Act, in which case the Electronic Notary Public Act controls. Rules and Regulations Effective Date: July 1, The new administrative rules add Chapter 7 to Title 433 of the Nebraska Administrative Code to implement the Nebraska s Electronic Notary Public Act, Neb. Rev. Stat through The rules: n Provide definitions relating to electronic notarial acts. n Provide the qualifications and the application process for applicants requesting an Electronic Notary Public Commission. n Provide that an applicant seeking an electronic notary public commission must: (1) have a valid Nebraska notary public commission and continue to meet the qualifications to hold the notary public commission; (2) provide all the statutory information required for registration; (3) verify that he or she is in compliance with all the statutory provisions; (4) verify that he or she has passed the legally required notary course and examination; and (5) provide any other information requested by the Secretary of State to prove his or her qualifications. n Require the Secretary of State to administer the training course and testing to applicants for electronic notary public registration. n Dictate that the electronic notary seal be independently verifiable and unique to the electronic notary public. n Stipulate that the electronic notary seal must be retained under the electronic notary public s sole control, be accessible by and attributable solely to the electronic notary public to the exclusion of all other persons and entities for the entire time necessary to perform the electronic notarial acts, and be attached to or logically associated with the document. Additionally, any subsequent alterations to the document or electronic notarial certificate must be observable through visual examination. Furthermore, an image of the electronic notary s electronic seal must appear on any visual or printed representation of the electronic notary public certificate regardless of the technology being used to affix the electronic notary s electronic seal, and the perimeter of the electronic notary seal must contain a border such that the physical appearance of the seal replicates the appearance of an inked seal on paper. n Dictate that the electronic notary seal must have within its border: (1) the electronic notary s name exactly as commissioned; (2) the words Electronic Notary Public ; (3) the words Nebraska ; and (4) the commission expiration date. n Mandate the personal and physical presence of the principal of a document to be in front of an electronic notary public during the entire electronic notarization so that the principal and the electronic notary public can see, hear, and communicate with each other without the use of electronic devices such as telephones, computers, video cameras, or facsimile machines. n Require any person or entity applying to the Secretary of State for designation as an approved electronic notary solution provider to complete and submit an application to the Secretary of State for. n Provide details and criteria for approval of electronic notary solution providers. n Dictate that neither the employer nor any of the employer s employees or agents shall use or permit the use of an electronic notary seal or signature by anyone other than the electronic notary public to whom it is registered. n Stipulate that access to electronic notary signatures and electronic notary seals shall be protected by the use of a password authentication, token authentication, biometric authentication, or other form of authentication approved by the Secretary of State according to the Electronic Notary Public Act, Sections to Continued on Page AMERICAN ASSOCIATION OF NOTARIES

11 Legislative Report: Recap of notary laws in 2017, Continued from Page10 n Mandate electronic notaries public to keep a journal of all electronic notarial acts they perform and to present their journal to the Secretary of State upon written request. n Specify that the fee for registering or renewing as an electronic notary public shall be $ Nevada _ AB 148 Effective Date: October 1, AB 148 adds a new section to Chapter 240 and amends Sections , , , , 240A.100, and 240A-290 of the Nevada Revised Statutes. This bill: n Increases the criminal penalty to a category D felony for any notary public who violates the provisions related to advertising and use of the prohibited term notario, notario publico, and licenciado pursuant to NRS (1) and (2). n Provides that a person who willfully violates a provision of NRS to , or a regulation or order adopted or issued for these statutes, is guilty of a category D felony and shall be punished as provided in NRS if the offense results in irreparable harm to a person. n Clarifies that unless a greater penalty is provided pursuant to Section 1 of this act, a notary public who is found guilty in a criminal prosecution of violating Subsection 1 or 2 shall be punished by a fine of not more than $2,000. n Clarifies that unless a greater penalty is provided pursuant to Section 1 of this act, the employer of a notary public who is found guilty in a criminal prosecution of violating a provision of Subsection 5 shall be punished by a fine of not more than $2,000. n Clarifies that unless a greater penalty is provided pursuant to Section 1 of this act, any person who violates any of the provisions of Subsection 1 is guilty of a gross misdemeanor. n Clarifies that unless a greater penalty is provided pursuant to Section 1 of this act, a person who (1) violates the provisions of Subsection 1; or (2) aids and abets a notary public to commit a violation of Subsection 1, is guilty of a gross misdemeanor. n Provides a person who willfully violates a provision of NRS Chapter 240A or a regulation or order adopted or issued pursuant thereto is guilty of a category D felony and shall be punished as provided in NRS if the offense results in irreparable harm to the client. n Determines that a notary public who willfully notarizes the signature of a person who is not in the presence of the notary public and who is not identified by the approved statutory methods is in violation of NRS and can be punished pursuant to the greater category D felony penalty. n Provides for the payment of restitution to any person who has suffered a pecuniary loss as a result of the violation. View Bill Text: SB 398 Effective Date: June 5, SB 398 adds a new uncodified section to Chapter 719, Chapter 244, and Chapter 268 and amends Sections , , , and of the Nevada Revised Statutes. SB 398 recognizes blockchain technology as a type of electronic record for the purposes of the Uniform Electronic Transactions Act (UETA). This bill: n Defines blockchain as an electronic record of transactions or other data which is (1) uniformly ordered; (2) redundantly maintained or processed by one or more computers or machines to guarantee the consistency or nonrepudiation of the recorded transactions or other data; and (3) validated by the use of cryptography. n Adds the term blockchain within the definition of electronic record for similar purposes pursuant to the Uniform Electronic Transactions Act. n Prohibits a local government from: (1) imposing any tax or fee on the use of a blockchain by any person or entity. (2) requiring any person or entity to obtain from the board of county commissioners any certificate, license, or permit to use a blockchain; or (3) imposing any other requirement relating to the use of a blockchain by any person or entity. n Clarifies that a local government may use a blockchain in the performance of its powers or duties in a manner not inconsistent with the provisions of Chapter 719 of the Nevada Revised Statutes. View Bill Text: AB 476 Effective Date: July 1, HB 401 amends Section of the Florida Statutes. This bill: n Clarifies that an appointment as an electronic notary public does not authorize the electronic notary public to perform notarial acts in another state. Continued on page 12 FOURTH QUARTER

12 Legislative Report: Recap of notary laws in 2017, Continued from page11 n Authorizes an electronic notary public to certify a true and correct copy. n Removes the requirement for an electronic notary public to file an additional bond and take an additional oath. n Stipulates that a bond filed by an electronic notary public provide indemnification to a person determined to have suffered damages as a result of the electronic notary public s violation of the statutes governing electronic notaries public and notaries public. n Makes a person s term of appointment as an electronic notary public be the same as that person s term of appointment as a traditional notary public. n Requires a person s term of appointment as an electronic notary public be renewed at the same time as the renewal of that person s term of appointment as a traditional notary public. n Requires an electronic notary public to take the course of study: (1) online; (2) of not more than three hours; and (3) the three hours must include taking the examination of the course. n Mandates that an electronic notary public keep his or her notarial records for seven years after the termination of appointment as an electronic notary public. n Requires an electronic notary public to notify the entity from which he or she obtained an electronic signature or electronic seal within ten days if the signature or seal has been stolen, lost, damaged, or otherwise rendered incapable of affixing a legible image. n Requires a request for authentication of an electronic notarial act to include a statement signed, under penalty of perjury, that the document for which the authentication is requested will not be used to: (1) harass a person; or (2) accomplish any fraudulent, criminal, or other unlawful purpose. n Prohibits the bringing of a civil action against the Secretary of State on the basis that: (1) the Secretary of State has issued such an authentication pursuant to Subsection1; and (2) the document has been used to harass a person or accomplish any fraudulent, criminal, or other unlawful purpose. n Stipulates that a person who uses a document for which an authentication has been issued for unlawful purposes is guilty of a category C felony. n Requires the Secretary of State to adopt regulations to carry out the provisions of this section. View Bill Text: North Dakota _ HB 1316 Effective Date: August 1, HB 1316 amends Sections , , , , and of the North Dakota Century Code. This bill amends very important provisions of the North Dakota Century Code relating to notaries public: n Reduces the notary public commission term from six years to four years. n Removes the requirement of a notary public whose office becomes vacant to deposit his or her records and papers with the Secretary of State. n Removes the penalty of $50 to $500 for a notary public, or his or her representative, who neglects to deposit the notary s records or papers with the Secretary of State when such notary resigns, is removed, or passes away. n Removes the penalty of $50 to $500 for any person who knowingly destroys, defaces, or conceals any records or papers of any notary public. n Removes the $10 late fee the Secretary of State imposed on a notary public who failed to notify the Secretary of State of his or her change of address within sixty days of the change. n Clarifies that a notary public whose commission is revoked may be denied a new commission for up to four years instead of six years, as specified by current law. n Prohibits a notary public from certifying a copy of a recordable instrument or a public record containing an official seal. n Mandates a notary public to authenticate each notarial act with an official seal at the time of the notarial act. Continued on Page AMERICAN ASSOCIATION OF NOTARIES

13 Legislative Report: Recap of notary laws in 2017, Continued from page12 n Provides specific procedures to adhere to when a notary public has legally changed his or her name. The notary public must: (1) submit to the Secretary of State a rider to the notary s surety bond stating both the old and new name; (2) indicate the effective date of the new name; (3) tender a $10 fee within sixty days of the name change; (4) obtain a certificate of authorization issued by the Secretary of State, which the notary must use to obtain a new seal; (5) place an impression of the new seal on the certificate of authorization and return it to the Secretary of State. After the certificate of authorization is filed, the Secretary of State issues a commission with the notary s new name. View Bill Text: Ohio _ HB 49 Effective Date: September 29, HB 49 amends Sections and and creates new Sections and of the Ohio Revised Code. (HB 49 is an immense budget bill that includes the Electronic Notary Public provisions on pages 237 to 239.) HB 49 authorizes a notary public to use an electronic communication device, including a web site application, approved by the Secretary of State to satisfy the acknowledgment requirements. In addition, this bill requires a notary public to report elder abuse immediately to the county department of job and family services starting September 29, This bill: n Defines the words acknowledged before me to mean that the person acknowledging appeared before the notary public, including by visually appearing through the use of any electronic communication devices approved by the Secretary of State. n Authorizes a notary public to use an electronic communication device, including a web site application, approved by the Secretary of State to satisfy the acknowledgment requirements. n Allows a notary public to electronically sign as a notary public when taking an acknowledgment. n Allows a person to electronically sign an instrument through the use of an electronic signature technology approved by the Secretary of State. n Prohibits a notary public from using an electronic communication device to meet the requirements for a notarial act that is a deposition. n Requires a notary public, who wishes to be commissioned as an electronic notary public, to submit a registration form to the Secretary of State prior to using an electronic communications device. n Requires the registration form to include the following information and be transmitted electronically to the Secretary of State: (1) the notary s full legal name; (2) a description of the technology the notary will use to create an electronic signature in performing notarial acts; (3) certification of compliance with electronic notary public standards published by the Secretary of State; (4) the electronic mail address of the notary; (5) the signature of the notary; (6) any decrypting instruments, codes, keys, or software that allow the registration to be read; and (7) any other information the Secretary of State may require. n Authorizes the Secretary of State to deny a registration for an electronic notary public if any of the information is missing or incorrect on the registration form or if the technology the notary public identifies on the form is not approved by the Secretary. n Requires the Secretary of State to establish standards for approving an electronic communication device that may be used by an electronic notary public. n Requires the Office of Information Technology in the Department of Administrative Services to provide assistance to the Secretary of State relating to the equipment, security, and technological aspects of the standards established. n Clarifies that an electronic notary public s term expires and may be renewed at the same time the notary public s commission expires. n Requires an electronic notary public to notify the Secretary of State within 90 days of all updated technology installed and to provide a brief description of that technology. n Mandates that a notary public who has reasonable cause to believe that an adult has suffered abuse, neglect, or exploitation immediately report such belief to the county department of job and family services. n Stipulates that any individual who is required to make a report of elder abuse and who fails to do so shall be fined not more than $500. View Bill Text: Continued on page 14 FOURTH QUARTER

14 Legislative Report: Recap of notary laws in 2017, Continued from page13 Oregon _ HB 4128 Effective Date: January 1, Approved by the Governor on March 14, This bill amends ORS , , , , , , , , and by expanding the crime of obstructing governmental or judicial administration to include acting as a notary public or immigration consultant without authorization. This bill: n Expands the crime of obstructing governmental or judicial administration to include acting in the capacity of a notary public without having received a notary public commission from the Secretary of State. n Expands the crime of obstructing governmental or judicial administration to include acting in the capacity of an immigration consultant with intent to defraud. n Provides that the maximum punishment for acting as a notary public or immigration consultant without authorization is one year s imprisonment, a $6,250 fine, or both. n Imposes tougher qualification requirements on applicants applying for a notary public commission. n Dictates that a person who has been convicted of acting as an immigration consultant or as a notary public without a notary commission will not be approved for a notary public commission. n Expands the reasonable grounds the Secretary of State may use to deny, revoke, suspend, or impose conditions on a notary public. View Bill Text: South Dakota _ HB 1034 Effective Date: July 1, This bill amends Section of the South Dakota Codified Laws by providing that the signature of a voter on an application to vote absentee must be sworn to or affirmed before a notary public in any U.S. state. View Bill Text: Texas _ SB 1098 Effective Date: September 1, SB 1098 amends Section (a) and (c) of the Texas Government Code and Section (b) and (c) of the Texas Civil Practice and Remedies Code. This bill: n Allows the signer, grantor, maker, witness, and credible witness, as applicable, of an instrument the option to provide a mailing address in lieu of a residence address to a notary public for his or her mandatory journal requirements. n Removes the requirement of a notary public to record in his or her mandatory journal the known or alleged residence address of the signer, grantor, maker, witness, or credible witness, as applicable, when notarizing instruments; instead, a notary public is required to record the mailing address of the individual in his or her journal. n Amends the Government Code to substitute references to a residence or alleged residence, as applicable, in the required records of a notary public with references to a mailing address. n Removes the statutory obligation of a notary public to provide a certified copy of any record in the notary s office to any person requesting the copy. n Requires a notary public, on payment of all fees, to provide a certified copy of any record of official acts in the notary public s book of record to any person requesting the copy. n Requires an officer authorized by law (including a notary public) to take an acknowledgment or proof of a written instrument required or permitted by law to record a mailing address instead of a residence. n Amends the Civil Practice and Remedies Code to substitute references to a residence or alleged residence, as applicable, in a statement of an acknowledgment or proof of a written instrument with references to a mailing address. View Bill Text: SB 1193 Effective Date: September 1, SB 1193 was signed and approved by the Governor on June 1, SB 1193 adds Title 4 to Chapter 2001 to the Texas Estates Code. SB 1193 enacts the Texas Revised Uniform Fiduciary Access to Digital Assets Act. SB 1193 grants a fiduciary the legal authority to manage digital assets and electronic communications should the principal die or become unable to manage his or her digital assets. This bill: n Grants fiduciaries the legal authority to manage digital assets and electronic communications in the same manner that they manage tangible assets and accounts by power of attorney. Continued on page AMERICAN ASSOCIATION OF NOTARIES

15 Legislative Report: Recap of notary laws in 2017, Continued from page14 n Defines digital assets as electronic records in which a person has a personal interest or right, which include computer files, web domains, and virtual currency. n Stipulates that digital assets may include or restrict a fiduciary s access to electronic communications such as s, text messages, social media accounts, online photographs, electronic files stored in the cloud, and other electronic communications or records unless the principal consents in a will, trust, power of attorney, or other record. n Amends the statutory power of attorney form to grant this legal authority to an agent by a principal regarding his or her digital assets. n Requires the statutory power of attorney to be acknowledged before a notary public. SB 1400 Effective Date: September 1, SB 1400 amends Sections , , , , and (a) and repeals Sections (b), (c) and (d) of the Finance Code. SB 1400 improves the procedures for a safe deposit company to open a safe deposit box under certain circumstances in the presence of certain employees, at least one of whom is a notary public. View Bill Text: SB 2065 Effective Date: September 1, SB 2065 amends Section of the Texas Business and Commerce Code and Section of the Texas Government Code. This bill: n Prohibits notaries public from translating into a foreign language the titles immigration consultant and immigration expert when advertising notarial services and stipulates that such an act constitutes a false, misleading, or deceptive act or practice. n Clarifies that a notary public who offers or provides language translation or typing services and accepts compensation for such services is not in violation of Section View Bill Text: HB 1974 Effective Date: September 1, HB 1974 was signed and approved by the Governor on June 15, HB 1974 modifies the law concerning durable powers of attorney by enacting provisions from the Uniform Power of Attorney Act. This bill requires a durable power of attorney to be acknowledged before a notary public. HB 1974 adds new sections to and amends existing sections of Chapter 751 and 752 of the Texas Estates Code. This bill: n Authorizes the adult principal to direct another adult to sign the principal s name on a durable power of attorney. n Requires the principal to acknowledge his or her signature before a notary public or other notarial officer authorized to take acknowledgments or administer oaths. n Requires the adult directed by the principal to sign the principal s name to make the acknowledgment to a notary public. n Grants a presumption of genuineness to a signature that purports to be the signature of the principal or of another adult directed by the principal on a durable power of attorney if the notarial officer taking the acknowledgment complied with the requirements of Section (b) of the Texas Civil Practices and Remedies Code. n Permits a durable power of attorney to be an electronic record and electronically signed and notarized. n Modifies the statutory form to include the new provisions. View Bill Text: HB 2157 Effective Date: September 1, HB 2157 was signed and approved by the Governor on June 9, HB 2157 amends Sections (a) and of the Texas Election Code. This bill amends the Texas Election Code to require a candidate s application for a place on the ballot to be signed and sworn to before a notary public. This bill: n Requires a candidate s application for a place on the ballot to be signed and sworn to before a notary public. n Requires that an affidavit of the person who circulated the petition be executed before a notary public for each part of the petition. n Provides that a single notarized affidavit by any person who obtained signatures is valid for all signatures gathered by the person if the date of notarization is on or after the date of the last signature obtained by the person. Continued on page 16 FOURTH QUARTER

16 Legislative Report: Recap of notary laws in 2017, Continued from page15 Utah HB 320 Effective Date: May 8, HB 320 amends Sections , , , , , , , , ; enacts Section ; repeals and reenacts Section ; and repeals Section of the Utah Code Annotated. This bill enacts new provisions and modifies much of the Notaries Public Reform Act by using a more straightforward and precise wording. For instance, the newly incorporated provisions in this bill: n Require all applicants applying for a notary public commission to be United States citizens or have permanent resident status. n Require all applicants applying for a notary public commission to lawfully reside in the state for at least thirty days immediately before the individual applies for a notarial commission. n Remove from the application process the requirement for endorsements from two residents of the state. n Require a notary public to maintain permanent residency in the state during the term of the notary s notarial commission. n Dictate that a notary public who does not maintain permanent residency in the state must resign his or her notarial commission. n Prescribe a new notarial act that a notary public is authorized to perform: signature witnessing. n Remove the authority of the Office of Risk Management to issue bonds for notaries public employed by a state office or agency. n Stipulate that state employees applying for a notary public commission may acquire a surety bond through an insurance company to meet the requirements to become a notary public. n Clarify that a notarial commission is not effective until the Lieutenant Governor approves the notary s oath and surety bond. n Provide the statutory notarial certificate forms for all notarial acts a notary public may perform. n Provide the notarial verbal language for completing an oath or affirmation before completing a jurat. n Permit a licensed escrow agent who is also a notary public to notarize certain documents the licensed escrow agent signs. n Prohibit a notary public from using a notarial seal independent of a notarial certificate. n Stipulate that a notary public is not required to change the notary s name by adopting the surname of the notary s spouse. n Remove the $5 fee for reporting a notary s change of name or address to the Lieutenant Governor. n Remove the requirement that a notary public must safeguard all other notarial records as valuable public documents and refrain from destroying such documents. n Include a criminal penalty of a class B misdemeanor for a notary public who violates any provision under this chapter. View Bill Text: Washington _ SB 5635 Effective Date: January 1, Approved by the Governor on April 1, This bill: n Enacts the Uniform Power of Attorney Act. n Requires a power of attorney to be signed (or signed by making a mark) and dated by the principal. n Authorizes a principal who is physically unable to sign his or her name or make a mark to orally direct a notary public to sign on his or her behalf pursuant to RCW n Requires the signature of a principal on a power of attorney to be acknowledged before a notary public or attested by two or more competent witnesses that meet the specified legal requirements of witnesses. n Stipulates that a signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. View Bill Text: Continued on page AMERICAN ASSOCIATION OF NOTARIES

17 Legislative Report: Recap of notary laws in 2017, Continued from page16 Wyoming _ HB 107 Effective Date: January 1, Approved by the Governor on March 4, This bill enacts the Uniform Real Property Electronic Recording Act, which adds Sections through to the Wyoming Statutes. This bill: n Allows real property documents to be signed and recorded electronically. n Allows a notary public to perform an electronic notarial act for real property documents. n Stipulates that the requirement relating to the electronic notarial act for a real property document is satisfied if the notary s signature and all other information required to be included is attached to or logically associated with the document or signature. n Stipulates that a physical or electronic image of a stamp, impression, or seal does not need to accompany a notary s electronic signature. n Mandates that the Department of Enterprise Technology Services shall promulgate rules to implement this act. n Authorizes the Department of Enterprise Technology Services to implement standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering. View Bill Text: We are looking for REAL stories from REAL notaries. The Notary Digest is eager to hear from YOU! Have you been fearful, amused, or enlightened because of a notary experience? Did you make an error from which others can learn? (Don t be shy! You can remain anonymous, if you d like.) Notaries across the U.S. want to hear from YOU, too! SO TALK TO US! Let us showcase YOU! Impart your wisdom and interesting experiences, great or small. Write to us at editor@usnotaries.com. Members Only Website For a complete list of benefits, visit us online at Members Benefits Include: E-notary record book accessible online 24/7 Your own web page Expert advice from top professionals in the notary field Free listing in our nationwide Online Notary Locator Free subscription to our Notary Digest newsletter 5% discount on supplies 5% rewards good toward your next notary supplies purchase Updates on new notary laws that may affect the notary office Online library of information on laws, FAQs, and more Archives of past issues of AAN newsletters and laws notification reminders of important events, including your notary commission expiration date and membership renewal date FOURTH QUARTER

18 AAN members can receive a10 10 % Enter coupon code discount on supplies The American Association of Notaries seeks to provide timely articles for notaries to assist them with information and ideas on managing their businesses and enhancing their notary education. However, the information in our articles is never meant to be legal or tax preparation advice. Please consult the tax professional or attorney of your choice for such important issues. As always, we would appreciate hearing from you. Please feel free to us at info@usnotaries.com. The American Association of Notaries P.O. Box Houston, Texas Hotline: Fax: facebook.com/notaries usnotaries.com 18 AMERICAN ASSOCIATION OF NOTARIES

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