Interstate Recognition Of Notarizations Act Of 2009

Floor Speech

Ms. BALDWIN. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, H.R. 3808, the Interstate Recognition of Notarizations Act of 2009, requires all Federal and State courts to recognize documents lawfully notarized in any State of the Union when interstate commerce is involved. An identical version of this bill passed the House in 2007.

A notary public has the professional expertise to verify the identity of the signatory to a document and ensure that it was willingly signed. Notary publics are a critical first line of defense against fraud. Although notarization serves the same purposes in all States, there are differences in State laws governing notarization, and also varying technical formalities. That makes it difficult for a State to recognize an out-of-state notarization.

For example, some States dictate that ink seals must be used, while others require embossers. Some States require very specific language in the acknowledgment certificate, and thus the language used in other States may not be acceptable. Such technical differences between State law hinder the recognition of documents that were lawfully notarized in the State in which the notarization was performed, and this can cause unnecessary delays that impact important legal rights and interstate commerce.

The fact that some States do not recognize documents lawfully notarized in other States also presents a constitutional issue. The U.S. Constitution requires that each State give full faith and credit to the public acts, records, and judicial proceedings of every other State. The 21st century affords advances in transportation and telecommunications that have expanded the ability of individuals and businesses to conduct their affairs across State boundaries. The laws governing notarization should not be permitted to continue encumbering their ability to do so.

By giving those laws reciprocal recognition, effectively harmonizing them, H.R. 3808 will bring those laws within the spirit of the Constitution's vision and bring much needed relief from antiquated formalities.

I urge my colleagues to support this legislation.

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