Veto Message on H.R. 3808, Interstate Recognition of Notarizations Act of 2010

Floor Speech

VETO MESSAGE ON H.R. 3808, INTERSTATE RECOGNITION OF NOTARIZATIONS ACT OF 2010

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Mr. ADERHOLT. I want to thank the gentleman for the opportunity to address the House on this important matter.

Mr. Speaker, today and over the last several weeks, I think there has been a broad misunderstanding of the Interstate Recognition of Notarizations Act, which led to the President's unfortunate veto of this legislation a few weeks ago. There is absolutely no connection whatsoever between the Interstate Recognition of Notarizations Act of 2010 and the recent foreclosure documentation problems.

I first introduced this legislation back in April of 2005, and obviously there was no concern about weakening the foreclosure documentation process at that time. This is a bill that would help people, and I am disappointed that the legislation has been vetoed. This legislation that I introduced would improve interstate commerce by requiring that documents be recognized in any State or Federal court. It would help court reporters; it would help attorneys, businessowners, and consumers in general.

I have heard from many individuals who have been affected by this particular issue. For example, a construction company located in one State submits a contract for a job in another State and is turned down because the second State refuses to recognize the notarized contract.

This is not an isolated problem. This is interfering with interstate commerce, and it should be addressed.

H.R. 3808, this legislation, expressly requires lawful notarizations be recognized in other States and in no way validates improper notarizations. Let me stress that again. It in no way validates improper notarizations. Fraudulent notarizations are illegal. Enforcement of notarizations is a State responsibility, and I fully support each State Attorney General to vigorously prosecute all fraudulent notarizations.

Currently, each State is responsible for regulating its notaries. Typically, someone who wishes to become a notary pays a fee. They will submit an application. They will take an oath of office. Some States require applicants to enroll in an educational course, pass an exam, or obtain a notary bond. This legislation does not change how an individual State regulates notaries in any form or fashion.

This bill had strong bipartisan support in the House of Representatives each of the three times it passed the House of Representatives, and most recently, with unanimous support, as recently as April of this year. I hope the White House will work with the Congress so this legislation can eventually become law.

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