Posted by Michelle/AL on 8/1/09 4:55pm
Msg #298366

Changing Your State's Notary Laws

Has anyone played a role in gettiing your state to make changes to its notary laws? If so, would you please send me a PM. I would love to hear about your experience, and learn from it myself. I think I need to contact a state representative but I'm not sure. Do I even need to involve SOS?

I'm ready to attempt to get Alabama to increase the fee from .50 cents to ANY AMOUNT higher (yeah - I'll take .51 cents, too!) Thank you.

Reply by tonya/AL on 8/1/09 5:10pm
Msg #298367

I hope you are successful in getting things changed. I'd just be happy if AL would write a comprehensive notary handbook and get rid of the embosser requirement.

Reply by Deb_AL on 8/1/09 5:22pm
Msg #298370

I agree with both of you. Our handbank is totally useless here. Not really sure it would qualify as a handbook. More like a few sheets of paper.

Reply by Michelle/AL on 8/1/09 6:02pm
Msg #298372

WikiHow.com and PMs

So far I'm hearing that I'm on the right track - state representative. Apparently, this could be an uphill battle. I'm going to research petitions.

Reply by Michelle/AL on 8/2/09 7:57am
Msg #298388

Thanks for responding. Keep 'em coming.

I've had quite a few responses so far. I don't know why I suggested PMing me instead of posting here in the forum. I guess I felt that no one else would really be interested in the answers and didn't want to take up all that space on AL issues (I know..strange thinking, huh?)

Keep the responses coming and go ahead and post here if you'd like.

Reply by MW/VA on 8/2/09 9:46am
Msg #298395

It's a big undertaking, but IMO a petition that could be circulated to as many of the notaries in your state is the ticket. Otherwise, we know that NNA would probably get into it. I can't imagine a .50 notary fee--what century is that from?? In VA it is $5 (revised a couple of years ago from $3).
Not only are your earnings at stake here, but also your income exclusion at year end for self-employment taxes.

Reply by Stamper_WI on 8/2/09 9:47am
Msg #298396

We have been doing this in WI

WI also has the .50 cent fee. Almost every year, the President of the Senate inserts an increase in a bill and it never passes.
Without looking at your brochure or state laws, I can't compare them to WI. Our Secretary of State pointed out to me that WI Notary laws are a complete adoption of the National Underwriters Code. The NCCUSL currently is revamping those codes for the first time since 1982. Seeing the opportunity to insert fee increase and other issues in a predominately Notary Bill, which in my mind has high likelyhood of passing, I met with my State Senator July 1. The others in my network all have a copy of the report I handed to him to take to their Senators and Reps as well. We all worked on the points in that report. Very few of our existing "issues" are not covered by the draft of the NCCUSL code and the Senator was extremely receptive. Time will tell if our efforts pay off.
My time with the Senator took some awhile to set an appt. But by being well prepared, I took only a half hour of his time. He received our proposals and examples supporting them. He also received a copy of the draft of the proposed new code from the NCCUSL. He and I are going to follow up soon.

Reply by Roger_OH on 8/2/09 10:26am
Msg #298398

Re: I have been doing this in OH

Our notary laws here are over 100 years old and pretty antiquated; certainly not ready for the 21st Century and the new challenges notaries encounter every day.

I've also talked with state legislative reps, but the best first step is to get with your SOS office/staff. The SOS is the office that issues commissions and is ultimately responsible (in most states) for notaries, and the criteria for becoming one. The state reps will listen, but shouldn't really be involved until you're ready to give them something to actually change thru a bill.

Continue to work with some other concerned notaries around the state, along with county clerks, recorders, and others that are heavily involved with notaries; then along with the SOS staff, have the group go thru your state's notary laws one by one and suggest updates and improvements. Some things the SOS may be able to do with a stroke of their own pen. When your committee has determined exactly what it is you want changed, then submit it to the legislators, noting that it's in the best interest of better serving the public.

Cull some recent articles about notary horror stories and how much damage can be done by fraudulent/incompetent notaries. It will have much more force and credibility if the SOS and a committee involving other notaries are behind it. Look too towards improving the quality of notaries thru better training, tighter eligibilty requirements (BGC, no felons, etc), and uniform examinations.

One thing you might consider is an increase in your state's commissioning fee in exchange for the higher notary rates. You can also show them the comparison of notary fees and eligibility requirements for all the states that XYZ produces, and that AL and WI are the lowest in the nation. Not saying you should try to emulate CA, FL, or MI with $10 per stamp, but the comparison will show that $3/$4 is not unreasonable.

Good luck!

Reply by Stamper_WI on 8/2/09 12:53pm
Msg #298401

Re: I have been doing this in OH

Our SOS told me about the uniform code thing when I contacted him about several problems with the current law. He said he can only go by what is the current law.
What they have done is put up a sample test for knowledge on the site. It is not mandatory but at the least its a nod in the right direction for educational requirements. I am sure the SOS is following the reform of the code pretty closely.

Reply by Michelle/AL on 8/2/09 10:43am
Msg #298400

This is what I mean about getting excellent advice! Thx! n/m

Reply by MW/VA on 8/2/09 6:55pm
Msg #298414

Re: This is what I mean about getting excellent advice! Thx!

I think an important person to ask would be PAW.

Reply by PAW on 8/2/09 7:55pm
Msg #298417

Re: This is what I mean about getting excellent advice! Thx!

I did reply to Michelle by PM as first asked. What I told her is basically that legislators make the laws. You want a law changed, contact your legislators. That's what I have been doing here in FL. Some will listen, some will ignore you (and others). You need to keep pounding on their doors to get their attention. You need to "sell" your idea and reasons to them. (I have even gone as far as actually writing the bill to be submitted to the House. It hasn't made it, yet!)

Reply by Roger_OH on 8/2/09 10:53pm
Msg #298427

Agreed that legislators ultimately determine the law, but...

it's not as simple as just asking "please change this law".

Particularly when a state agency such as the SOS is involved, changes involving notaries are not going to be implemented without SOS input and agreement. At least in my state, my legislators have asked me to work with the SOS to come up with ways to effect positive change, and then come back to them when there is a consensus of something concrete to submit for consideration.

A bill goes thru a variety of committees, hearings, etc on both sides of the political aisle, and I think it's essential to involve the SOS and have their support when dealing with legislators.

Reply by Dennis D Broadbooks on 8/3/09 8:36am
Msg #298446

Yep! n/m

Reply by Stamper_WI on 8/3/09 6:57am
Msg #298437

PAW

Do you find a lot of the "change" could be in the form of Administrative law? For example, here, on application for commission, they do a back ground check. I asked once what this enatial and was told they look them up on the WI circuit court site. This ignores crimes committed in other states. Yet I do not see any thing in the laws dicating the extent of BGC's

Reply by PAW on 8/3/09 7:49am
Msg #298442

Most certainly

Procedural changes to policy is administrative at the regulatory agency level, and often not judicial or bound by law. That's why there are so many "rules". Those rules are derived to be the "how" laws are enforced and followed, and different agencies develop different rules to accomplish the same end. Mortgage brokers, for example, are required to submit to a local, regional and national criminal background check, an FBI check, a civil action check and a credit check. Notaries must allow a background check to be done, but the Office of the Governor and Secretary of State's office do not go into the same depth. (From what I've heard, whether a check is even done is a random chance.) Depth of a check, for example, is often based on the amount of risk associated with the position. Risk analysis plays a big role in developing the rules.