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WV Senate Bill 199

Legislation

State: West Virginia
Signed: March 22, 2019

Effective: March 22, 2019
Chapter: 164

Summary

Senate Bill 199 approves the repeal of a regulation adopted by the Secretary of State related to filing a Notary bond.

Affects

Repeals 153 CSR 46.

Changes
  1. Approves the filing by the Secretary of State to repeal Sections 153-46-1 through 153-46-5 related to the filing of the surety bond. (Note: other sections repealed in the rules contain provisions that duplicate the Notary statutes in Chapter 39 of the West Virginia Code.)
Analysis

In West Virginia, the Legislature must approve all rule filings by West Virginia agencies. This includes the Secretary of State. When the state adopted the Revised Uniform Law on Notarial Acts in 2013, the act included a new surety bond provision. Subsequently, the Secretary of State adopted rules related to filing surety bonds. Last year, the Legislature passed House Bill 4207 (see new law update) that repealed the requirement for Notary applications to file an "assurance" or surety bond. Since then, applicants for a commission have not been required to file a bond. Thus, the Secretary filed a rule repeal last fall to clean up the Notary rules by removing all references to the surety bond. With Senate Bill 199, the rule repeal is official.

Read Senate Bill 199.

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