Posted by Marian_in_CA on 7/10/13 1:54pm
Msg #476216

More on AB477... position from the You Know Who

The other day, when I read the latest report out of the Senate judiciary committee, I noticed that the author said that the NNA was "formerly" opposed to the bill. I posted a question to them about it over the weekend on their Facebook page, and here's their response.

As much as many notaries here don't like this organization, the fact of the matter is that the bill's authors and many of the state's Senators put a lot of weight in to what the NNA tells them. When it comes to legislative matters in CA, the NNA carries serious weight.

I'm not entirely sure what to think about their response... I'm not sure I technically agree with their approach, but then, these kind of political issues get tricky... but I do know that, even if you aren't an NNA member, I urge you guys to let them know your opinions, too, as they've invited. The more notaries that speak up, the better. Yes, still get your letters to the individual senate members... but also make sure the NNA knows your position, too. I know some may not like the idea... but the fact is, they have pull, and the latest judiciary opinion published pretty much said that.

Here's their response from today:

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Thank you, Marion, for your comments and analysis. For clarity we do not, and will not, support CA AB477. We continue to have grave concerns with Notaries being mandated reporters. We are equally concerned that this bill has “sailed” through the legislature. As you know, many Notaries criticized the NNA for opposing the original bill that was designed to protect senior citizens — even after we explained the bill’s liability implications for Notaries. Amid our opposition, Bill Anderson, our VP of Legislative Affairs, went to Sacramento to testify against it, and many Notaries also wrote letters of opposition. Since then we have had an open dialogue with Assemblyman Ed Chau, whose staff is continuing to modify the bill with our input. So far we have gained an amendment that prohibits Notaries from performing a notarial act if the senior or dependent adult appears to be mentally unaware of the transaction, or not acting of his or her own free will, which strengthens protections for seniors. We additionally secured an amendment that protects Notaries by allowing them to recover attorney’s fees if they are wrongfully sued for making a report, or failing to do so. During this review process, the Assemblyman asked us to withdraw our opposition for the moment, which is why we are technically “neutral.” We are continuing to work with Assemblyman Chau to further grant immunity to Notaries who follow state law, and refuse to perform “suspicious” notarizations involving seniors. We hope this will be addressed before the bill comes up for consideration again in August.

We encourage all Notaries and stakeholders to share their thoughts about AB477 here on our Facebook page. Your input is important.
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Reply by Lee/AR on 7/10/13 2:33pm
Msg #476225

Not much impressed by their position, but don't live in CA, so my opinion means nada. "Allowing them to recover attorney's fee if...wrongfully sued..." by starting yet another lawsuit or countersuit...great idea, there. Since amnesty is so popular these days, why not amnesty for a mandatory reporter? Or, better yet, forget this not-well-thought-thru idea.