California Governor Arnold Schwarzenegger
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On September 15, Governor Arnold Schwarzenegger signed
Assembly Bill 2062 into law, delaying by six months
implementation of the state's mandatory education bill
for first-time and renewing Notaries and adding new
requirements for performing jurat notarizations.
Assembly Bill 2062 amends Government Code Section
8201(a)(3) by pushing back to July 1, 2005, the date
when applicants must have completed a six-hour course on
Notary duties approved by the Secretary of State.
Previously, the commencement date was January 1, 2005,
but delays in promulgating rules for course providers
made the January date unworkable. Once these rules are
in place, applicants may start taking approved courses
prior to July 1 in order to fulfill the new education
requirement effective on that date.
California Notary commission applicants now must
complete a six-hour course one time in addition to
passing the mandatory examination already in place.
Applicants for renewal appointments must also take an
approved six-hour class; for all successive
reappointments after the first, a three-hour course is
required.
Only in five states are Notary commission applicants
required to take a course of instruction on their
notarial duties — North Carolina, Florida, Pennsylvania,
Missouri and California.
NNA Executive Director Timothy Reiniger said of AB
2062: "Having long been proponents of nationwide Notary
education, we are thrilled by this provision in the
bill. Mandatory education helps ensure that Notaries are
well prepared to handle the increasing responsibilities
that will be expected of them as they are called more
and more to the front lines in the battle against
fraud."
When Notaries go back to school next year there will
be new lessons to learn about performing jurats.
Assembly Bill 2062 creates a new Government Code Section
8202 specifying that Notaries must positively identify
all signers requesting jurat notarizations, and
prescribing a statutory jurat certificate as well. By
providing the same identification standards for jurats
as for acknowledgments and a much-needed statutory jurat
certificate, the legislature fills a hole that has
existed in California law for some time. "Common sense
tells most Notaries that they ought to identify signers
when executing jurats," says Notary Affairs Manager
William A. Anderson. "California law had to play
catch-up."
Said Notary Affairs Vice President Charles N.
Faerber, "AB 2062 is important because it not only kicks
off a progressive program of continuing education for
all California Notaries, it also requires Notaries to
use the same diligence in identifying the signers of
affidavits as in identifying the signers of deeds."
In a final "house cleaning" section of the new law,
Assembly Bill 2062 amends Government Code Section 8206
to make journal keeping practices consistent for both
acknowledgments and jurats. |
