Delaware Senate Bill 111 (Prior Session Legislation)

---

Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: Passed on July 16 2009 - 100% progression
Action: 2009-07-16 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

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

An Act To Amend Title 29 Of The Delaware Code Relating To Notaries Public.

Rep. Gerald Brady [D]	Sen. Anthony DeLuca [D]	Rep. Deborah Hudson [R]	Sen. Michael Katz [D]
Sen. Gregory Lavelle [R]	Rep. Bryon Short [D]	Rep. John Viola [D]

2009-06-24 - House - House Third Reading (Y: 38 N: 0 NV: 0 Abs: 3) [PASS]
2009-06-11 - Senate - Senate Third Reading (Y: 20 N: 0 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2009-07-16		Signed by Governor
2009-06-24		Passed by House of Representatives. Votes: Passed 38 YES 0 NO 0 NOT VOTING 3 ABSENT 0 VACANT
2009-06-17		Reported Out of Committee (HOUSE ADMINISTRATION) in House with 3 On Its Merits
2009-06-16		Introduced and Assigned to House Administration Committee in House
2009-06-11		Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2009-06-10		Reported Out of Committee (JUDICIARY) in Senate with 5 On Its Merits
2009-06-04		Assigned to Judiciary Committee in Senate

Type	Source
Summary	http://legis.delaware.gov/LIS/lis145.nsf/2bede841c6272c888025698400433a04/abb5d795880b8ce285257593005fc754?OpenDocument
Text	http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/SB+111/$file/legis.html?open
Roll Call	http://legis.delaware.gov/LIS/lis145.nsf/7712cf7cc0e9227a852568470077336f/5d17de89f5095ba0852575d2006f97f2?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis145.nsf/7712cf7cc0e9227a852568470077336f/040526c422577d4e852575df006f38d4?OpenDocument