GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	2 

SENATE BILL 344
Judiciary II/Election Laws Committee Substitute Adopted 4/4/95

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

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Sponsors:

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Referred to: 

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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, AND TO ALLOW THE SECRETARY OF STATE LAW ENFORCEMENT AGENTS TO ENFORCE THE NOTARY CHAPTER.
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.  G.S. 10A-12 reads as rewritten:
"§ 10A-12.  Enforcement and penalties.
(a)	Any person who holds himself or herself out to the public as a notary or who performs notarial acts and is not commissioned is guilty of a Class 1 misdemeanor.
(b)	Any notary who takes an acknowledgment or performs a verification or proof without personal knowledge of the signer's identity or without satisfactory evidence of the signer's identity is guilty of a Class 2 misdemeanor.
(c)	Any notary who takes an acknowledgment or performs a verification or proof knowing it is false or fraudulent is guilty of a Class I felony.
(d)	Any person who knowingly solicits or coerces a notary to commit official misconduct is guilty of a Class 1 misdemeanor.
	(e)  For purposes of enforcing this Chapter, the law enforcement agents of the Department of the Secretary of State have statewide jurisdiction and have all of the powers and authority of law enforcement officers when executing arrest warrants.  The agents have the authority to assist local law enforcement agencies in their investigations and to initiate and carry out, on their own or in coordination with local law enforcement agencies, investigations of violations of this Chapter."
Sec. 5.  This act becomes effective July 1, 1995, and applies to applications for recommission on or after that date.