Updated 7-20-18. This year, a wide variety of new Notary laws and administrative rules raising Notary fees, creating new journal and ID requirements, adding testing and training guidelines, and more take effect. Here is a look at some of the important new laws and rules affecting Notaries:
Arizona
Administrative Rule R18-01, which took effect March 5, raises the maximum fee for notarizations to $10, up from the previous maximum of $2. However, Arizona Notaries now are required to select the fee they will charge — from “no charge” up to the new $10 maximum. Once chosen, the Notary will be expected to charge that fee at all times. The new rule also requires Arizona Notaries to post their fee schedule in a conspicuous location and in a mandatory fee schedule format to inform signers of the fee before performing a notarization.
House Bill 2178, which takes effect August 3, makes numerous changes to the state’s Notary statutes, including expanding the list of acceptable IDs a signer may present to include (a) a nonoperating ID license; (b) an inmate identification card issued by the Arizona Department of Corrections for an inmate in custody and (c) any form of inmate ID issued by a county sheriff if the inmate is in the sheriff’s custody. Under HB 2718, Notary seals must include the Notary’s commission number (but permits commissioned Notaries to use their current seals until their next reappointment) and Notaries may no longer notarize a translated foreign language document when the translator signs an affidavit attesting the translation is accurate.
Colorado
Senate Bill 132, which took effect July 1, authorizes a new type of notarization — witnessing signatures. The law retains the option for Colorado Notaries to keep either a physical or electronically stored journal, but now requires a physical journal to be a permanent, bound register with numbered pages. An electronic journal must be kept in a permanent, tamper-evident electronic format that complies with rules to be set by the Secretary of State.
You can read about SB 132’s full provisions at the NNA’s Notary Laws database.
Indiana
Senate Bill 539, effective July 1, 2018, thoroughly reforms Indiana’s Notary laws, and includes the following provisions:
- Notary seals must include the Notary’s name exactly as it appears on their commission, and the Notary’s commission number and commission expiration date.
- The maximum fee for notarizations is raised from $2 to $10.
- Indiana Notaries will be required to display a list of fees charged if the Notary chooses to charge fees for notarizations.
- Notaries will be permitted to charge a travel fee for traveling to perform a notarization, not to exceed the federal travel fees established by the U.S. General Services administration.
- Notary applicants must complete a course and test administered by the Secretary of State, as well as a continuing education course every 2 years.
- The amount of the Notary’s required “assurance” (surety bond or its functional equivalent) is raised from $5,000 to $25,000.
A list of other SB 539 provisions affecting Indiana Notaries is available online.
Virginia
House Bill 1343, which took effect July 1, allows employers to require any Notaries working for them to turn over fees charged for notarizations during the time the Notary is employed. Previously, employers were prohibited from requiring employee-Notaries to surrender fees for notarizations.
Washington
Senate Bill 5081, which took effect July 1, includes a new journal requirement. Additional journal provisions include:
- Notaries will be required to keep a journal of their notarial acts unless the Notary is also an attorney who documents the notarial act already as part of a professional practice.
- The Notary journal may be kept either physically or electronically, but a physical journal must be a permanent, bound register with numbered pages; an electronic journal must be kept in a permanent, tamper-evident electronic format complying with rules set by the Department of Licensing.
- Journals must be kept in a locked and secure area under the Notary’s exclusive control. Notaries are required to store their journals for 10 years after the date of the last entry recorded, after which the journal must be destroyed.
A list of other SB 5081 Notary provisions can be viewed online at the NNA’s Notary Laws database.
David Thun is the Assistant Managing Editor with the National Notary Association.
Related Articles:
What every Notary needs to know about journals
Additional Resources:
NNA Notary Laws Database