GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 344

Short Title:  Notary Law Amendments/AB.	(Public)

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Sponsors: Senator Kerr.

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Referred to:  Judiciary II/Election Laws

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March 9, 1995

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH THE REQUIREMENTS FOR CERTIFICATION TO TEACH NOTARY COURSES, TO ALLOW REVOCATION OF NOTARIAL COMMISSIONS FOR NOTARIES WHO FAIL TO ADMINISTER OATHS OR AFFIRMATIONS, AND TO PROVIDE THAT APPLICANTS FOR RECOMMISSIONING NEED NOT OBTAIN THE RECOMMENDATION OF A PUBLICLY ELECTED OFFICIAL.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 10A-4 is amended by adding two new subsections to read:
"( d)	The course of study required by subsection (b) of this section shall be taught by an instructor certified in accordance with rules adopted by the Secretary of State.  An instructor must meet the following requirements to be certified to teach a course of study for notaries public:
(1)	Complete a six-hour instructor's course taught by the notaries public director or other person approved by the Secretary of State and pass the course with a grade of not less than '80'.
(2)	Have six months of active experience as a notary public.
(3)	Maintain a current commission as a notary public.
(4)	Purchase the current notary public guidebook.
Registers of deeds, assistant and deputy registers of deeds, clerks of court, and assistant and deputy clerks of court are exempt from the requirements set forth in subdivisions (2) and (3) of this subsection while they remain actively employed in the capacities named.
(e)	Certification to teach a course of study shall be effective for two years and may be renewed by passing a recertification course taught by the notaries public director or other person approved by the Secretary of State."
Sec. 2.  G.S. 10A-6 reads as rewritten:
"§ 10A-6.  Recommissioning.
An applicant for recommissioning as a notary shall submit a new application and comply anew with the provisions of G.S. 10A-4, except that the applicant shall not be required to complete the course of study described in subdivision (b)(3) nor to obtain the recommendation of a publicly elected official."
Sec. 3.  G.S. 10A-13(d) reads as rewritten:
"(d)	The Secretary of State may revoke a notarial commission on any ground for which an application for a commission may be denied under G.S. 10A-4(c).  The Secretary of State may revoke the commission of a notary who fails to administer an oath or affirmation when performing a notarial act that requires the administering of an oath or affirmation."
Sec. 4.  This act becomes effective July 1, 1995, and applies to applications for recommission on or after that date.