COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
LR No.: 4066-01
Bill No.: SB 1113
Subject: Secretary of State: Notary Public
Type: Original
Date: March 5, 2004
FISCAL SUMMARY
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on Other State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials of the Office of Secretary of State assume there would be no fiscal impact to their office, however, officials stated, should there be any technology required, the cost would be funded by the Secretary of State Technology Trust Fund, and not the General Revenue Fund.
Oversight assumes no local fiscal impact.
| FISCAL IMPACT - State Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
Notary businesses or businesses which employ notaries public would be affected.
DESCRIPTION
This act modifies provisions relating to notaries public.
The act deletes the requirement that applicants for appointment and commission as a notary public must include their social security number on the application and that applicants must submit the names of two registered voters who endorse the application. Applicants cannot have been convicted of or pled guilty to any felony or to any misdemeanor incompatible with the duties of a notary public. The secretary of state is authorized to prohibit the issuance or renewal of an appointment for up to one year following rejection of the application or renewal request or following the failure to appear and qualify within 90 days after the commission is issued. Applicants are required to read the Missouri Notary Public Handbook and complete certain training. The surety bond to be maintained by the notary public must commence at least 90 days, rather than 30 days after the date of submission of the application. The act modifies what a notary public must keep in their journal.
Notary documents must use certain sized print and include the commission number of the notary public. The act provides deadlines for notaries to submit changes of address or name. Notaries must send changes of address or name within 30 days. If a notary resigns following the receipt of a complaint by the secretary of state, the secretary of state may deny future applications by such person. Notaries are authorized to charge a travel fee, provided certain conditions are met. The Secretary of State is empowered to administer the provisions of this act and perform all required duties, including immediate suspension of a notary upon written notice if the situation involves serious unlawful effect on the general public, provided the notary is afforded a hearing and adjudication as soon as practicable.
If a notary's seal is stolen, the notary must immediately notify the secretary of state in writing. Upon receipt of required documentation, a new commission number will be issued and the secretary of state may post notice on its web site indicating that the old number is no longer valid.
This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.
SOURCES OF INFORMATION
Office of Secretary of State
NOT RESPONDING
None
Mickey Wilson, CPA
Director
March 5, 2004