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 Back | 145th General Assembly
Senate Bill # 111 |
| Primary Sponsor: | DeLuca | Additional Sponsor(s): Rep. B. Short |
| CoSponsors: | Sen. Katz; Reps. Brady, Hudson, Lavelle, Viola |
| Introduced on : | 06/04/2009 | |
| Long Title: | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO NOTARIES PUBLIC. |
| Synopsis: | The bill amends the State’s notary laws to simplify and expedite the existing notary commissioning process and to facilitate the State’s entry into electronic notarization as follows:
Section 1 eliminates the cumbersome requirement for nonresident notaries to file an affidavit listing their residential and employment addresses and instead requires such information to be in the application.
Section 2 makes the provision consistent with its counterpart in §4302(f).
Section 3 expands the list of persons eligible to apply to become electronic notaries to include paralegals and legal assistants under the direct supervision of licensed attorneys who are Delaware electronic notaries and employees of federal government agencies and eliminates the cumbersome requirement for nonresident electronic notaries to file an affidavit listing residential and employment addresses and instead requires such information to be in the application.
Section 4 amends the term for electronic notaries public for police agencies to 2 years to be consistent with other sections of this Chapter and allows for Delaware State employees and employees of county, municipal or local police agencies in this State to become notaries public with no application fee, no expiration of term during employment and limitations as to the powers of these notaries, to be set by the agencies or units according to their needs.
Section 5 clarifies that the fees to apply for initial commissions or reappointments are non-refundable.
Section 6 clarifies that it is an act of perjury for a notary to make any false or fraudulent statements or misrepresentations with their notary application.
Section 7 enables electronic notary by simplifying the existing oath process through the designation of the Secretary of State as a central filing office for the keeping of the notary oath of office.
Section 8 clarifies that the Secretary of State may use an electronic or a facsimile signature as permitted by the Uniform Electronic Transactions Act (UETA).
Author: Senator DeLuca
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| Committee Reports: |
Senate Committee report 06/10/09 F=0 M=5 U=0----->
House Committee Report 06/17/09 F=0 M=3 U=0----> |
| Voting Reports: |
Senate vote: () Passed 6/11/2009 4:18:53 PM------->
House vote: () Passed 6/24/2009 4:14:50 PM-------> |
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Actions History:
| Jul 16, 2009 - Signed by Governor
Jun 24, 2009 - Passed by House of Representatives. Votes: Passed 38 YES 0 NO 0 NOT VOTING 3 ABSENT 0 VACANT
Jun 17, 2009 - Reported Out of Committee (HOUSE ADMINISTRATION) in House with 3 On Its Merits
Jun 16, 2009 - Introduced and Assigned to House Administration Committee in House
Jun 11, 2009 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jun 10, 2009 - Reported Out of Committee (JUDICIARY) in Senate with 5 On Its Merits
Jun 04, 2009 - Assigned to Judiciary Committee in Senate
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