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AR Senate Bill 743

Legislation

State: Arkansas
Signed: March 24, 2015

Effective: July 22, 2015
Chapter: Act No. 570

Summary
Senate Bill 743 clarifies that Notary are allowed instead of required to charge the statutory fees for a notarial act, allows Notaries to charge a travel fee, as specified, and requires a Notary seeking reappointment to file a new application and $20 commission application fee 60 calendar days prior to expiration of the current commission.
Affects

Amends Sections 21-6-309 and 21-14-108 of the Arkansas Code.

Changes
  1. Clarifies that a Notary "may" charge the statutory fees for a notarial act instead of "shall" charge the fees.
  2. Allows a Notary to charge round-trip mileage at the federal rate for reimbursement between the location of service and the Notary's place of residence or business, whichever distance is less.
  3. Changes the number of days prior to expiration of a commission that a Notary must file a new application from 30 days to 60 days.
Analysis

Since most states regulate the fees Notaries may charge for their services, it is not uncommon for them to set the fees a Notary may charge for travel. Arkansas SB 743 allows a Notary to charge a fee for actual round-trip travel based upon the federal rate per mile driven from the Notary's home or place of business to the location of the notarization, whichever distance is less. Notaries would not be allowed to charge for their time; the travel fee is intended to reimburse Notaries for the costs of operating a vehicle. SB 743 also makes a seemingly minor, but important change. Previously, the statute said Notaries “shall” charge the statutory fees for a notarial act, obligating a Notary to always charge a fee. The new law now permits them to charge this fee. Finally, SB 743 extends to 60 days prior to date of a Notary's current commission expiration the date a Notary must submit an application for renewal. Previously, this was 30 days, but presumably it has now been extended to ensure the Secretary of State's office has sufficient time to process and issue the new commission before the previous one expires.

Read Senate Bill 743.

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