07 LC 21
9163
Senate
Bill 50
By:
Senators Douglas of the 17th, Rogers of the 21st, Hawkins of the 49th, Schaefer
of the 50th, Hill of the 4th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia
Annotated, relating to general provisions relative to notaries public, so as to
provide that a notary shall be a legal resident of the United States; to provide
a penalty; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating
to general provisions relative to notaries public, is amended by revising
subsection (a) of Code Section 45-17-2, relating to qualifications for notaries,
as follows:
"(a)
Any individual applying for appointment to be a notary public must
be:
(1)
At least 18 years old;
(2)
A legal
resident of the United States;
(3)
A resident of this state;
(3)(4)
A resident of the county from which such individual is appointed;
and
(4)(5)
Able to read and write the English language."
SECTION
2.
Said
article is further amended by revising Code Section 45-17-20, relating to
penalties and prosecution for violations of such article, as
follows:
"45-17-20.
(a)
Any person who violates subsection (d) of Code Section 45-17-8 shall be guilty
of a misdemeanor.
(b)
Any person who
performs any notarial service without complying with the provisions of Code
Section 45-17-2 shall, on the first and second offenses, be guilty of a
misdemeanor and on the third and each subsequent offense be guilty of a felony
punishable by not more than five years incarceration or a fine not to exceed
$5,000.00 or both.
(c)
Each clerk of superior court is authorized to recommend to the appropriate
prosecuting officers that criminal proceedings be instituted for violations of
this article."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.