HI Senate Bill 891 | NNA
Law

HI Senate Bill 891

Notary Law Update: Senate Bill 891

State: Hawaii

Summary:

Senate Bill 891 allows the Attorney General to adjust the fees for issuing a new or renewal Notary commission through the administrative rule process. The bill also puts the requirement for the Notary’s commission ID number to appear in the seal into statute and allows the Attorney General to administratively fine a Notary if the Notary’s seal does not contain the commission ID number.

Signed:  April 22, 2013

Effective:  April 22, 2013

Chapter: Act No. 2013-29

Affects:

Amends Sections 456-3 and 456-9 of the Hawaii Revised Statutes

Changes:
  1. Authorizes the Attorney General to adjust the fees for issuing a new or renewal Notary commission by administrative rule.
  2. Adds in statute the Notary’s commission ID number as a required element of the Notary’s official seal.
  3. Authorizes the Attorney General to impose and collect an administrative fine from any Notary who does not maintain an official seal that contains the commission number of the Notary.
Analysis:
Senate Bill 891 enacts two changes. First, it allows the Attorney General to adjust the $40 fee for new and renewing Notary commission applicants by administrative rule. This provision “future proofs” the statute by allowing the Attorney General to raise fees without having to go to the legislature to amend the statute. Second, it puts into statute the existing requirement under Section 5-11-5 of the Hawaii Administrative Rules for the Notary’s commission identification number to appear in the Notary’s seal. While the legislature did not have to make this amendment to the statute (since it is already required in the Hawaii Administrative Rules and the Rules have the force of law), it was wise to do so because administrative rules can be amended more easily that statutes. In addition, for the Attorney General to impose an administrative fine on the Notary for a noncompliant seal, this provision needed to be added to the statute.
 

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