Recognizing Notarizations In Federal And State Courts
RECOGNIZING NOTARIZATIONS IN FEDERAL AND STATE COURTS -- (House of Representatives - December 06, 2006)
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Mr. ADERHOLT. Mr. Speaker, I appreciate the chairman's support in allowing this bill to be brought to the floor to the House of Representatives today. I would also like to thank my friend, Mike Turner of Freedom Court Reporting in Alabama, who first brought this matter to my attention.
I am pleased we have been able to work together with the committee of jurisdiction to find a satisfactory remedy to the issue of recognition of notarizations across State lines.
During the hearings held on this bill by the Subcommittee on Courts, the Internet and Intellectual Property, Ranking Member Berman pointed out that, ``Although the topic of notary recognition between the States is not necessarily the most exciting issue, it is an extremely practical one.'' To my colleague across the aisle, I would have to agree with both points.
During that hearing in March, we heard from several witnesses who all agreed that this is an ongoing and a difficult problem for interstate commerce. To businesses and individuals engaged in business across State lines, this is a matter long overdue which is being resolved.
H.R. 1458 will eliminate the confusion that arises from States who refuse to acknowledge the integrity of documents notarized out of State. H.R. 1458 would require that documents be recognized in any State or Federal court if the subject affects interstate commerce and the document is duly notarized by a seal or if a seal is tagged to an electronic document.
Currently, each State is responsible for regulating its notaries. Typically, an individual will pay a fee, will submit an application, and takes an oath of office. Some States require applicants to enroll in educational courses, pass exams, and even obtain a notary bond. Nothing in this legislation will change these steps. It shall be made clear that we are not trying to mandate how States regulate notaries public they appoint. In addition, the bill would also not preclude the challenge of notarized documents such as a will contest.
During the subcommittee hearing, the executive director of the National Notary Association stated, ``We like this bill because it is talking about a standard for the legal effects of the material act, the admissibility of it, not at all interfering with the State requirements for education and regulation of the notaries themselves.''
Thank you again, Mr. Chairman, for your support of this legislation and allowing the legislation to move forward today. I urge my colleagues to support H.R. 1458 under the suspension of the rules today.
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