Alabama Senate Bill SB322

Alabama 2023 Regular Session

• Introduced: 5/16/23
• Refer: 5/16/23
• Report Pass: 5/24/23
• Engrossed: 5/25/23
• Refer: 5/25/23
• Report Pass: 5/31/23
• Enrolled: 6/6/23
• Passed: 6/6/23

Caption

Relating to the employment of notaries public; to amend Sections 36-20-70, 36-20-71, 36-20-72, 36-20-73.1, 36-20-74, and 36-20-75, Code of Alabama 1975; to provide further for the appointment and service of notaries public; to increase the fee collected by the judge of probate for the commission of a notary; to expand the grounds under which a judge of probate may accept or deny an application for a notary commission; to require an applicant for a notary commission to complete a training program; to increase the bond required of a notary public; to provide further for the acknowledgment of signatures; to increase the fee collected for notarial acts performed; to specify the acts of a notary or other individual that constitute a crime; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Impact

The enacted law reflects a significant shift in how notaries public will operate in Alabama, instituting stricter guidelines around the application process and the obligations of notaries. The increase in bond requirements from $25,000 to $50,000 provides an added layer of financial responsibility, promoting greater diligence among notaries. Additionally, the mandatory training program is designed to equip notaries with updated knowledge on pertinent laws, enhancing the reliability of notarial acts and protecting the public from potential fraud or misconduct.

Summary

SB322, an act concerning the employment of notaries public, amends several sections of the Code of Alabama to enhance the processes surrounding notarial commissions and operations. Key provisions of the bill include an increase in the fees charged for notary commissions by judges of probate, expansion of the grounds on which applications can be accepted or denied, and the introduction of mandatory training programs for applicants. The bill aims to improve the accountability and professional standards of notaries public in Alabama, ensuring that they effectively perform their duties within the legal and ethical frameworks established.

Sentiment

The sentiment surrounding SB322 appears to be generally positive, particularly among lawmakers who support increased regulations as a means to ensure integrity in notarial processes. However, there may be concerns about the potential burden of increased fees and training requirements on individuals seeking notary commissions. Proponents argue that improved standards will enhance public trust in notarial acts, while critics might express apprehension regarding accessibility for potential applicants, especially those from disadvantaged backgrounds.

Contention

Notable points of contention include the potential financial burden placed on notaries due to increased fees for both applications and notary acts. Some stakeholders may argue that these changes could dissuade individuals from pursuing notarial commissions or lead to higher costs for consumers. Furthermore, the bill's provisions regarding remote notarization and the associated safeguards raise questions about the future of notarial services, particularly in an increasingly digital society where remote transactions are becoming more common.