Notaries Public

Topic:
HANDICAPPED; LEGISLATION; NOTARIES PUBLIC;
Location:
NOTARIES PUBLIC;

OLR Research Report

OLR RESEARCH REPORT


November 30, 2007		2007-R-0691
NOTARIES PUBLIC

By: Sandra Norman-Eady, Chief Attorney

You asked for an update of OLR Report 95-0724 regarding states that require notaries public to (1) keep records or journals of their notorial acts and (2) perform their duties at a time and place convenient to people with disabilities. You also wanted to know if the absence of requirements in these areas has been an issue in Connecticut in recent years.

SUMMARY

The impetus for OLR Report 95-0724 was two bills before the legislature that would have required Connecticut notaries to keep registries (SB 1155) and travel to assist people with disabilities (SB 1156). Both bills died in the Judiciary Committee after a public hearing.

The American Society of Notaries (ASN) website (www. asnnotary. org) shows 15 states that require notaries to keep a record or journal of their notorial acts. Another four states require them to keep a record of certain, specified acts. Connecticut does not require recordkeeping by notaries.

We are unaware of any state that requires notaries to travel to assist people with disabilities. The primary reason why states do not require this is that mobile notaries are plentiful and easily accessible through the Yellow Pages or websites, according to Kathleen Butler at ASN. However, (1) all states allow people with disabilities to make a signature mark if they are unable sign their names and (2) some states allow notaries to sign the names of people rendered unable to make a mark because of their disabilities (see Florida Statutes Annotated § 117. 05 (14)(d)). In addition, individuals who own a notary office, like most other business owners, must comply with the Americans with Disabilities Act (42 U. S. C § 12101 et seq. ) by making sure that physical barriers do not prevent access by people with disabilities.

We are unaware of any problems caused by the absence of specific laws requiring notaries in this state to keep records or journals of their notorial acts or perform their duties in a way that accommodates people with disabilities. To determine if there are problems, we conducted an electronic search of Connecticut newspapers back to 2003 and contacted the Office of the Secretary of the State, which appoints notaries public. We also note that the bills proposed in 1995 have not been reintroduced.

STATES THAT REQUIRES NOTARIES PUBLIC TO KEEP RECORDS

Table 1 shows the 15 states that require notaries public to keep records; the four states that require records of certain specified transactions; and where the records must be filed upon the notaries' death or their commission expires or is revoked or resigned.

Table 1: Recordkeeping States

States	Transactions	Filing Requirements
Alabama	All	None. Records are the property of the notaries.
Arizona	All	The County Recorder's Office within 90 days after the notary's commission expires or is revoked, or resigned.
California	All	The county clerk within 30 days after the notary's commission is revoked or resigned.
Colorado	Acknowledgments to an instrument affecting title to real property	None. Records are the property of the notaries.
Hawaii	All	The clerk of the circuit court of the judicial district where the notary resides upon death, expiration of term, or removal from office.
Kentucky	Protests filed by notaries for non-acceptance or nonpayment of a fee.	County clerk when the notary's commission is resigned or expires.
Maine	Marriage ceremonies	None. Records are the property of the notaries.
Maryland	All	None. Records are the property of the notaries and must be retained for five years.
Massachusetts	All	None. Records are the property of the notaries and must be retained for seven years after their commission expires.
Michigan	All	None. Records are the property of the notaries and must be retained for five years.
Mississippi	All	None. Records are the property of the notaries.
Missouri	All	None. Records are the property of the notaries.
Nevada	All	None. Records are the property of the notaries and must be retained for seven years after their commission expires.

States	Transactions	Filing Requirements
North Dakota	Notices, promissory notes, and protests for non-acceptance or nonpayment of fees.	The Secretary of the State within three months after a notary's commission expires or is revoked or resigned.
Ohio	All	County recorder in the county where the notary resides upon his or her death or removal or when the commission expires.
Oregon	All	The Secretary of the State when the commission is revoked or the notary dies.
Pennsylvania	All	The Recorder of Deeds for the county where the notary is registered within 30 days after his or her death or commission revocation.
Tennessee	All	None. Records are the property of the notaries.
Texas	All	County Clerk's Office upon the notary's death or the expiration or revocation of his or her commission.

Source: ASN

SNE: dw/ts