HOUSE BILL 263

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Larry R. Scott

 

 

 

 

 

AN ACT

RELATING TO NOTARIES; INCREASING CERTAIN FEES THAT MAY BE CHARGED BY A NOTARIAL OFFICER FOR NOTARIAL ACTS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 14-14A-28 NMSA 1978 (being Laws 2021, Chapter 21, Section 28, as amended) is amended to read:

     "14-14A-28. FEES.--

          A. A notarial officer may charge the maximum fee specified in this section, charge less than the maximum fee or waive the fee.

          B. An employer shall not establish fees for notarial services that are in excess of those specified in this section nor on the attributes of the principal as delineated.

          C. The maximum fees that may be charged by a notarial officer for notarial acts are:

                (1) for acknowledgments, [five dollars ($5.00)] ten dollars ($10.00) per acknowledgment;

                (2) for oaths or affirmations without a signature, [five dollars ($5.00)] ten dollars ($10.00) per person;

                (3) for jurats, [five dollars ($5.00)] ten dollars ($10.00) per jurat; and

                (4) for copy certifications, fifty cents ($.50) per page with a minimum total charge of [five dollars ($5.00)] ten dollars ($10.00).

          D. A notarial officer may charge a travel fee when traveling to perform a notarial act if:

                (1) the notarial officer and the person requesting the notarial act agree upon the travel fee in advance of the travel; and

                (2) the notarial officer explains to the person requesting the notarial act that the travel fee is separate from the notarial fees and not mandated by law.

          E. In addition to the fees prescribed in Subsections C and D of this section, a notarial officer may charge a technology fee not to exceed twenty-five dollars ($25.00) or other amount established by rule by the secretary of state per notarial act performed with respect to an electronic record."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2024.

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