AnalysisHouse Bill 180 repeals the right of any member of the public to submit a request for a journal entry or audiovisual recording of a notarial act under the New Mexico Inspection of Public Records Act (IPRA). The main concern with the repealed provisions was subjecting a document signer’s personal information from potential privacy breaches.
Even though several states grant access to Notary journals by providing certain minimum information to prevent “fishing expeditions” through journals, it is unclear how available notarial records in New Mexico will be going forward. Notarial records routinely are presented as evidence in a legal dispute over a notarization, and often acquit a Notary of allegations of wrongdoing or demonstrate that a Notary acted with reasonable care. While notarial records may no longer be requested pursuant to the IPRA, nevertheless the NNA hopes that the public will be able to access notarial records that affect their transactions or actions as a relying party.
House Bill 180 was enacted as an emergency statute taking immediate effect.
Read House Bill 180.