For further information please contact: Notary Legislation Includes RULONA Updated March 29, 2019 Paul Hodnefield Associate General Counsel Corporation Service Company Phone: (651) 494 1730 Toll Free: (800) 927 9801, Ext 61730 Email: paul.hodnefield@cscglobal.com Arizona S1030 1/14/19 Authorizes remote online notarization and provides for regulation of online notaries. Alabama H22 3/5/19 Allows residents of border states who conduct business, a profession or are regularly employed in Alabama to be commissioned as a notary in Alabama. Passed Senate 2/18/19. Passed House Government Committee 3/7/19. Pending Arkansas H1119 1/14/19 Permits the non resident spouse of a US military service member employed or operating a business in AR to be commissioned as a notary. ENACTED 2/27/19. Takes effect 91 days after the legislature adjourns. California A199 1/10/19 Adopts the California Online Notary Act of 2019. This bill would authorize the appointment of and establish the requirements for online notaries. It also authorizes online notaries to perform notarial acts online using audio visual technology. Assigned to Assembly Business and Professions California S311 2/15/19 Exempts a certificate of acknowledgment attaching to a power of attorney granted pursuant to the Organization of American States' Protocol on Uniformity of Powers of Attorney Which Are to be Utilized Abroad, from requirement that legible notice be included in those documents in an enclosed box stating that the acknowledgment, proof of execution, or jurat verifies only the identity of the individual who signed and not the truthfulness, accuracy, or validity of the document. Colorado H1167 1/30/19 Authorizes remote online notarization. Passed House State, Veterans and Military Affairs Committee on 2/14/19. Passed House Finance Committee 3/4/19. Passed House Appropriations Committee 3/27/19. Corporation Service Company Page 1 of 9
Colorado S84 1/16/19 Enacts the 2018 Amendments to the Revised Uniform Law on Notarial Acts that authorize remote online notarization. Connecticut H7309 3/7/19 Requires the secretary of state to develop a plan to allow notaries to perform electronic and remote notarial acts. Not later than 2/1/2020, the secretary must deliver recommendations for the requisite legislation. Postponed indefinitely by Senate State, Veterans and Military Affairs Passed Joint Commerce Committee on 3/19/19. Florida H409 3/5/19 Provides procedures and standards for online notarization. Authorizes witness signatures to be made electronically and remotely via audio visual communications. Florida S548 3/5/19 Requires notaries to use access technology for electronic signatures; provides that a notary may not be required to perform a notarial act with certain technology; authorizes online notarial acts and includes a number of other changes applicable to notaries. Assigned to Senate Government Oversight and Accountability Georgia S268 3/26/19 Provides that a notary may rely on a Veteran s Health Identification Card issued by the Department of Veterans Affairs as satisfactory evidence of identity for the signer, oath taker or affiant. Assigned to Senate Veterans, Military and Homeland Security Hawaii H77 1/17/19 Permits online remote notarization. Passed House on 2/27/19. Assigned to Senate Commerce, Consumer Protection and Health Hawaii S562 1/18/19 Permits online remote notarization. Hawaii S1377 1/24/19 Prohibits a notary from accepting a limited driver s license for verification of identification. Idaho S1111 2/13/19 Authorizes notarial acts to be performed for remotely located persons and requires county recorders to accept remotely notarized documents. ENACTED on 3/21/19. Takes effect on 1/1/20. Illinois H2176 2/6/19 Changes the language of disclaimer that must be provided when advertising notary services in a language other than English and provides for a $1000 fine for each failure to comply. Page 2 of 9
Illinois S2037 2/15/19 Requires that a person that remits notary public applications to the Secretary of State on behalf of applicants for appointment and commission as a notary public shall comply with standards to qualify for licensure as a notary public remittance agent. The bill also provides standards to qualify for licensure as a notary public remittance agent. Passed Senate State Government Committee on 3/13/19. Indiana H1487 1/16/19 Amended to change the effective date after which remote notarial acts may be performed and changes fees that a notary public may charge for a remote notarial act from $15 to $25. This bill is tracked on the Article 9 and Lien Chart. Iowa H736 3/13/19 Adopts the 2018 Amendments to RULONA that authorize remote online notarization. Formerly HSB167. Iowa S475 3/5/19 Adopts the 2018 Amendments to RULONA that authorize remote online notarization. Formerly SSB 1116. Assigned to House State Government Kentucky S56 1/8/19 Provides that the secretary of state shall issue a new notary certificate reflecting a notary s name change upon proper application by the notary. Kentucky S109 2/5/19 Prohibits a convicted felon from applying for commission as a notary, requires applicants to submit to a state police background check and requires the state police to submit the background check to the secretary of state. Passed Senate on 2/22/19. Passed House State Government Committee on 3/6/19. Assigned to Senate State and Local Government Kentucky S114 2/5/19 Adopts RULONA with the 2018 Amendments for remote online notarization, but includes some non uniform provisions. Also includes adoption of URPERA. ENACTED 3/25/19. Takes effect 1/1/20. Kentucky S194 2/13/19 Authorizes electronic notarization and recognition of foreign notarization. Appears similar to SB 114. Assigned to Senate Judiciary Louisiana H134 3/25/19 Pre Filed Amends the law with respect to qualifications of notaries. This bill would require that an applicant have passed a high school equivalency test (current law specifies a GED) and changes the deadline for submitting an application from 60 days to 30 days before the notary examination. Page 3 of 9
Maine H293 1/23/19 Directs secretary of state to review RULONA and recommend whether the state should adopt the uniform act. Maryland S678 2/4/19 Addresses notary qualifications, notary fees, adopts RULONA and provides authority to perform online remote notarization. Massachusetts H1575 2/26/19 Amends definitions in state notary law and provides for effectiveness of real estate documents recorded before the effective date. Appears similar to SB 877. Passed House 3/19/19. Passed Senate 3/26/19. Passed Senate 3/18/19. Assigned to House Health and Government Operations Massachusetts H3291 2/26/19 Amends notary fee provisions. Massachusetts H3292 2/26/19 Establishes an Electronic Notarization Commission. Massachusetts H3293 2/26/19 Provides for electronic notarization. Massachusetts S877 1/22/19 Amends definitions in state notary law and provides for effectiveness of real estate documents recorded before the effective date. Appears similar to HB 1575. Assigned to Joint Judiciary Massachusetts S1871 2/28/19 Establishes an Electronic Notarization Commission. Assigned to Joint State Administration and Regulatory Oversight Michigan H4292 3/5/19 Adds education and journal requirements to notary qualifications. Mississippi H777 1/17/19 Adopts substantially the official text of RULONA. FAILED 3/14/19. Failed to pass Senate before deadline. Mississippi S2722 1/28/19 Adopts substantially the official text of RULONA. FAILED 2/5/19. Died in committee. Missouri H495 1/9/19 Revises the state s notary laws. Establishes the qualifications and application process for notaries, includes a journal requirement, and permits both electronic and remote notarial acts. Passed House Judiciary Committee 3/5/19. Page 4 of 9
Missouri S140 1/9/19 Substantially revises state notary law. Provides for regulation of electronic notaries public, contains specific journal requirements, and permits remote electronic notarization. Passed General Laws Committee 3/26/19. Missouri S409 2/19/19 Authorizes electronic and remote online notarization. Passed Senate Local Government and Elections Committee 3/27/19. Montana H370 2/4/19 Revises notary law with respect to online and electronic notarization, and qualifications of notaries. Passed House 2/22/19. Passed Senate on 3/18/19. Nebraska L186 1/11/19 Enacts the Online Notary Act. Passed Government, Military and Veteran Affairs Committee on 2/5/19. Nevada A65 2/4/19 Eliminates obsolete language related to the fees a notary may charge; eliminates requirements that the secretary of state must authenticate the signature of a notary on documents for use in the U.S.; eliminates requirement that a person must be a notary for 4 years before becoming eligible to be an electronic notary; and eliminates the requirement that the certificate of acknowledgment of notary public used on this form include language indicating the notarial officer declares under penalty of perjury that the persons whose names are subscribed to the document appear to be of sound mind and under no duress, fraud or undue influence. Assigned to Assembly Government Affairs Nevada A412 3/25/19 Amends the statutory fees that a notary may charge. Assigned to Assembly Government Affairs New Hampshire H256 LSR360 1/2/19 Establishes reciprocity for notaries in states adjacent to NH. Passed House on 3/7/19 and is pending in Senate. New Jersey A681 1/9/18 Provides that only U.S. citizens may be appointed as notaries. Assigned to Regulated Professions New Jersey A1355 1/9/18 Revises the state s notary laws. The proposed changes would enact a modified version of the Revised Uniform Law on Notarial Acts ( RULONA ). Assigned to Regulated Professions Page 5 of 9
New Jersey A2525 1/29/18 Allows a notary to take oath of office administered by a broader range of public officials. Assigned to the Judiciary New Jersey A2857 1/29/18 Establishes deadline for taking oath of office following issuance of a notary commission. Assigned to the Judiciary New Jersey A3649 3/5/18 Requires the State Treasurer to accept electronic payment of application fee to be collected for appointment or renewal as notary public. Assigned to Assembly State and Local Government New Jersey A4263 6/27/18 Provides for training programs for notaries public and increases application fees. Assigned to the Judiciary New Jersey A4860 1/15/19 Addresses remote online notaries. This bill is identical to S3147 described below. New Jersey S2322 3/13/18 Requires the State Treasurer to accept electronic payment of application fee to be collected for appointment or renewal as notary public. Assigned to Regulated Professions Assigned to Assembly State and Local Government New Jersey S3147 10/22/18 Enacts the Remote Online Notaries Public Act. Bill is based on model legislation promoted by Mortgage Bankers Assn and American Land Title Association. Requires State Treasurer to establish rules and standards for remote online notarization within 12 months of enactment. Assigned to Senate Commerce New Mexico H470 2/4/19 Authorizes remote online notarization. The substitute bill expressly provides that notarial acts may not be performed on certain real estate documents an online platform and that any such document affixed with an electronic acknowledgment or stamp on an electronic certified platform shall be invalid. FAILED. Tabled indefinitely in the House on 3/11/19 New York A4076 2/1/19 Provides for electronic notarization and authorizes remote online notarization. New York A4453 2/4/19 Requires banks and credit unions to have a notary public available on the premises during business hours. Appears similar to SB 2880. Assigned to the Assembly Government Operations Assigned to the Assembly Banks Page 6 of 9
New York A5201 2/7/19 Requires notaries and commissioners of deeds to create a detailed notarial record of each notarial act performed in connection with a document of conveyance for residential real property. Appears similar to SB 812. Assigned to the Assembly Judiciary New York S812 1/9/19 Requires notaries and commissioners of deeds to create a detailed notarial record of each notarial act performed in connection with a document of conveyance for residential real property. Assigned to the Senate Finance New York S2880 1/30/19 Requires banks and credit unions to have a notary public available on the premises during business hours. Assigned to the Senate Banks New York S4352 3/8/19 Authorizes electronic and remote notarization. Assigned to the Senate Finance North Carolina H355 3/14/19 Clarifies the meaning of legally resides for purposes of notary statutes. North Carolina S221 3/12/19 Provides that a notary who is a candidate or elected official may not notarize an absentee ballot. North Dakota H1110 1/3/19 Amends the RULONA; authorizes notarial acts for remotely located individuals using communications technology; provides for recording of a tangible copy of an electronic record; and allows a notary to certify a true and correct copy of an electronic record. Assigned to Senate Redistricting and Elections ENACTED 3/8/19. Takes effect on 8/1/19. Oklahoma S915 2/4/19 Authorizes online notarial acts. Passed Senate on 2/25/19. Assigned to House Judiciary Pennsylvania H63 1/28/19 Exempts attorneys from requirements for appointment and commission as a notary if certain conditions are met. South Carolina H3910 2/6/19 Amends the qualifications for a notary commission. The applicant must be at least 18 years of age, a legal resident of the U.S., and a high school graduate. Assigned to the House Professional Licensure Page 7 of 9
South Carolina H3917 2/6/19 Adopts South Carolina Electronic Notary Public Act and Remote Online Notarization Act. The bill authorizes notarial acts to be performed electronically and provides for the regulation of electronic notaries. Passed House Judiciary Committee as amended on 3/20/19. South Carolina S447 1/29/19 Adopts South Carolina Electronic Notary Public Act. The bill authorizes notarial acts to be performed electronically and provides for the regulation of electronic notaries. Assigned to Senate Family and Veteran s Services South Carolina S486 2/6/19 Adopts South Carolina Remote Online Notarization Act. Passed Senate on 3/20/19. South Carolina S487 2/6/19 Adopts South Carolina Electronic Notary Public Act. The bill authorizes notarial acts to be performed electronically and provides for the regulation of electronic notaries. This bill is intended to replace SB 447. Assigned to Senate Family and Veteran s Services South Dakota H1272 1/30/19 Authorizes electronic and remote online notarization. ENACTED 3/18/19. Takes effect 7/1/19. Utah H52 1/28/19 Modifies the Notaries Public Reform Act to allow a notarization to be performed remotely. Includes journal requirement. Utah H408 2/25/19 Provides that the employer of a notary public is also liable for damages caused by the notary s misconduct if the notary was acting within the scope of the notary s employment and the employer had knowledge of, consented to or permitted the misconduct. ENACTED 3/25/19. Takes effect on 11/1/19. ENACTED 3/26/19. Takes effect 60 days after adjournment. Virginia H2135 1/9/19 Permits certain convicted felons who have fulfilled all conditions of their sentencing to be commissioned as notaries. Virginia S1782 1/18/19 Prohibits any person convicted of a felony from receiving a notary commission. Substitute bill passed on 1/28/19 limits prohibition to felons convicted of certain specified offences. FAILED 2/5/19. Left in committee (tabled). FAILED 3/25/19. Vetoed by governor. Page 8 of 9
West Virginia S669 2/22/19 Authorizes the appointment of commissioners to acknowledge signatures performed in or out of the State of West Virginia by persons residing in or out of the State covering deeds, leases, and other writings pertaining to West Virginia property for recordation in the State. ENACTED 3/25/19. Takes effect 90 days following enactment. Washington S5641 1/25/19 Adopts the 2018 Amendments to RULONA that permit remote online notarization. Passed Senate on 2/13/19. Assigned to House Civil Rights and Justice Page 9 of 9