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SPONSOR: |
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DATE TYPED: |
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HB |
612 |
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SHORT TITLE: |
Notary Public Act |
SB |
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ANALYST: |
Chavez |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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Minimal |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Attorney
General’s Office (AG)
LFC
Files
SUMMARY
Synopsis
of Bill
House Bill 612 repeals
the current law governing notary publics and enacts in its place the “Notary
Public Act”.
Significant
Issues
The following is a synopsis of the Act:
Gives the short title of the act.
Defines terms relevant to the Notary
Public Act.
Lists the qualifications that a notary public must posses and disqualifies a person who has pled guilty or nolo contendere to a felony in addition to a person who has had their notary public commission revoked in the past five years.
Lists the information necessary for an
application of appointment. Changes the current bond to the state from
two sureties in the amount of $500 to a bond in the amount of $10,000 executed
by a licensed surety and limits the bond’s term to that of the notary’s
commission. In addition the applicant
fee is increased from $10.00 to $20.00.
Details the appointment term. This section requires the secretary of state
to issue a certificate of appointment rather than the current commission and
restricts this certificate to the person appointed.
Prohibits testimonials.
Describes in detail actions constituting the unauthorized practice of law.
Describes how a notary affixes her official signature to documents.
Restricts the use of a notary’s seal and stamp and requires its destruction within a reasonable period under certain circumstances.
Requires the notary public to upon the performance of any notarial act endorse the date of the expiration of the commission.
Relates to a notary public’s change of name. Now requires the notary public to notify the secretary of state within ten days of such change as opposed to promptly notifying the secretary of state. Also requires the application to contain an impression or image of the new seal or stamp bearing the new name of the notary public. In addition it also requires the notary public to notify the surety in writing within ten days.
Section 21
Relates to a notary public’s change of address. Now requires the notary public to notify the secretary of state and the surety within ten days of a change as opposed to previously being required to promptly notify the secretary of state.
Section 22
Relates to certification and provides that upon request, the secretary of state shall certify to a notary public’s commission.
Section 23
Describes how a notary resigns her commission.
Section 24
Describes how a former notary public must dispose of her seal and stamp.
Section 25
Increases the fine for acts by a disqualified notary from $100 to $500.
Section 26
Provides that an investigation into a notary’s conduct may be conducted by the governor or any law enforcement agency even if a notary has resigned or her commission has expired, and permits the governor to issue a written warning to cease misconduct to any notary whose actions are judged to be official misconduct.
Section 27
Repeals Section
Section 28
Provides the effective date of the
provisions of the act to be
FISCAL IMPLICATIONS
Additional revenue to
the secretary of state will be realized as the application fee for notary publics
is increased from $10 to $20.
ADMINISTRATIVE IMPLICATIONS
The administrative
implications to the secretary of state’s office will be minimal.
TECHNICAL ISSUES
The Attorney General’s Office indicates that
although found in the current statute at Section 14-12-13 (B), Section 26,
subsection C of House Bill 612 provides that the notary is entitled to notice,
hearing, adjudication and appeal before she is removed from office. However, this does not identify the person
before whom such a hearing is held or to whom an appeal may be made.
FC/yr