AnalysisSenate Bill 807 affects the commissioning process, and administration and practice of
Notaries Public in the state. On the commissioning front, applicants now must
declare on the application for a commission that they not have been convicted of a
felony, and the Secretary of State may require applicants to demonstrate that they
have reviewed Arkansas’ Notary laws and are familiar with a Notary’s duties. The
latter change most likely will be implemented in the form of an additional question
on the application asking applicants to state that they have read the Notary laws of
Arkansas. It is unlikely that the Secretary would use this change in the law to require
applicants to take a training course, but certainly this undoubtedly is the most
effective way to demonstrate that one has mastered the requirements of being a
Notary. The bill clarifies that Notaries who change their county of residency (or
nonresident Notaries who change the county of their employment) during the
commission term may either file their original or a certified copy of the original bond
in the new county of residence (or employment). SB 807 also clarifies that Notaries
may perform depositions under Rule 28 of the Arkansas and federal Rules of Civil
Procedure. These rules state that depositions may be taken before an officer
authorized to administer oaths either under federal law or the law in the place of
examination. Furthermore, SB 807 contains provisions that a Notary’s signature and
seal – whether made by hand or facsimile stamp – must be affixed using blue or
black ink. Presumably, blue or black ink is now being required because of the need
for Notary signatures and seals to meet county recording requirements. Finally, SB
807 gives the Secretary of State authority to either deny the application or revoke the
commission of any Notary who charges more than the statutory maximum fee.