The 2023 legislative session was one of the most active in recent history, with 227 Notary bills introduced and 67 enacted throughout the country focused on issues like training, bonds, recordkeeping, and RON regulation, among others. The regulatory front was no different. Twelve states adopted Notary regulations. All told, it was one of the busiest years on record for policies affecting Notaries.
Remote Notarization in 2023
It is hard to believe that more than a decade has passed since Virginia became the first state to enact and implement a remote notarization bill in 2011. Today, more than 40 states have implemented remote notarization laws. The story that unfolded in 2023 was the race to see which of the remaining states would win the dubious distinction of finishing last to enact remote notarization laws. California, Connecticut, and Massachusetts took themselves out of the running by passing bills this year. Now only three states — Georgia, Mississippi, and South Carolina — lack permanent remote notarization statutes.
Other Important New Notary Laws
Several other 2023 new Notary laws merit inclusion in this year’s legislative roundup for their impact on Notaries of their respective states. A major Alabama bill created mandatory training for Alabama Notaries and doubled the already highest in the nation Notary surety bond from $25,000 to $50,000. To compensate somewhat, the maximum fee Notaries are allowed to charge also increased from $5 to $10.
In North Carolina, the General Assembly struck down a provision in a 2022 law requiring Notaries to keep a journal for all notarial acts and replaced it with a new 2023 law making journal-keeping optional. The new law was crafted in a behind-closed-doors, back-room conference committee without giving the public an opportunity for a hearing on the controversial provision.
In last year’s legislative feature, we reported on a Colorado administrative rule that allowed the use of interpreters for document signers with certain physical conditions. This year, the General Assembly enacted a broader bill allowing interpreters to be used for any document signer, but also put in place meaningful guardrails to protect document signers, relying parties, and Notaries. It also raised the fees Colorado Notaries could charge for a notarial act from $5 to $15, and for remote notarizations, from $10 to $25.
In 2017, the state of Ohio made Notaries mandated reporters of adult abuse, neglect, or exploitation, and created a maximum $500 fine for failing to make a report. This year, the law changed from a broad responsibility into a fourth-degree misdemeanor if a Notary knowingly fails to report abuse. The consequences now include a maximum $250 fine and up to 30 days in prison.
You can see the legislation the NNA is tracking on the NNA’s Notary law tracking map, and once bills are signed into law, read about them in the NNA’s searchable New Notary Laws database.
Bill Anderson is Vice President of Government Affairs at the National Notary Association