SB322 Alabama 2023 Session

Summary

Primary Sponsor

Sam GivhanSenator

Republican

Session

Regular Session 2023

Title

Relating to the employment of notaries public; to amend Sections 36-20-70, 36-20-71, 36-20-72, 36-20-73.1, 36-20-74, and 36-20-75, Code of Alabama 1975; to provide further for the appointment and service of notaries public; to increase the fee collected by the judge of probate for the commission of a notary; to expand the grounds under which a judge of probate may accept or deny an application for a notary commission; to require an applicant for a notary commission to complete a training program; to increase the bond required of a notary public; to provide further for the acknowledgment of signatures; to increase the fee collected for notarial acts performed; to specify the acts of a notary or other individual that constitute a crime; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Summary

SB322 updates Alabama's notary system with training, higher bonds and fees, expanded appointment rules, remote notarization with video, and tougher penalties for misconduct.

What This Bill Does

It changes how notaries are appointed (probate judges issue commissions for four-year terms), requires training before commissioning, and raises bond and per-commission fees. It also expands grounds to deny applications, clarifies acceptable fees for notarial acts, and sets up remote notarization via two-way video with strict identification, recording, and in-state presence requirements (with ballots specifically excluded from remote notarization). It defines specific crimes and penalties for notarial misconduct and creates enforcement mechanisms, while noting the bill is exempt from local-funds requirements due to creating or amending crimes.

Who It Affects

• Notaries public in Alabama and those seeking notary commissions are affected by new training requirements, higher bonds, potential changes to fees, remote notarization rules, and stricter misconduct penalties.
• Applicants for a notary commission face expanded denial grounds (residency, criminal history, bankruptcy, false information, and training completion requirements) and must pay a $10 application fee.

Key Provisions

• Notaries will be appointed by the judges of probate for four-year terms with statewide jurisdiction and a commission fee of $25; existing notaries continue under their current authority until their commissions expire.
• Applicants for notary commissions must pay a $10 application fee; the judge of probate may grant or deny commissions based on defined grounds (e.g., residency, criminal record, bankruptcy, false information, failure to complete required training).
• Bond requirement increases to $25,000 to $50,000, payable to the State of Alabama, filed with the probate judge, and kept for the duration of the term.
• Notarial acts may carry a maximum fee of $10 per act, plus a $5 fee for certain enumerated powers; government employees cannot charge for notarial acts performed as part of public service unless otherwise provided by law.
• Notaries must use a seal; official acts must include oath/acknowledgment, signatures, and the notary’s seal.
• Remote notarization is allowed via two-way audio-video technology with the notary physically located in Alabama; the remote act must be recorded for seven years and include details such as date/time, documents, identity verification, and a clear image of IDs and signatures.
• Identity verification for remote notarizations may rely on personal knowledge or government/private data sources; remote notarization cannot be used for absentee ballot applications or ballots.
• A notary who knowingly commits or facilitates fraud or fails to follow remote notarization procedures faces Class C misdemeanor or Class D felony penalties; investigations may be conducted by state and local authorities with potential injunctions or surrender/destruction of seals, and fines or imprisonment as appropriate.
• The act becomes effective on the first day of the third month after its passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Notary Publics, appointment and service further provided