Senate Bill 700: A Burden, Not a Benefit, for Maryland Notaries

On January 30, 2025, Senate Bill 700 was introduced by the Maryland General Assembly. Sponsored by Senator Justin Ready (R), the bill is titled "Notarial Acts – Reasonable Accommodations.

While the bill claims to promote accessibility by requiring notaries to accommodate individuals with disabilities, its true impact is an unreasonable, unpaid mandate that places notaries at financial and legal risk. Maryland notaries already provide reasonable accommodations under an existing law, and this bill goes too far by requiring notaries to read entire documents aloud—a time-consuming task that notaries cannot charge for under Maryland regulations set by the Office of the Secretary of State.

What Senate Bill 700 Proposes

The bill requires a notary public to:
✅ Provide "reasonable accommodations" to individuals with a physical disability that limits their ability to sign a record without assistance.
✅ Read the entire document aloud before notarizing the signature of a blind individual.

While accessibility is important, this bill does not take into account the existing legal framework, financial impact, or liability risks imposed on notaries.

The Problems with Senate Bill 700

1. It Imposes an Uncompensated Labor Requirement

📌 This could take a significant amount of time, especially for long documents like loan packages, legal contracts, and estate planning forms.
📌 Maryland notaries are already restricted from charging fees beyond regulatory limits set by the Office of the Secretary of State.
📌 The Maryland Secretary of State has verbally confirmed that notaries cannot charge additional fees for extended time spent on a notarization.

💡 Why This Matters:

• Long notarizations = lost income. The more time a notary spends reading, the fewer appointments they can take.

• Maryland notaries already provide services at low fixed fees for in person notarial acts—this bill forces them into unpaid labor.

2. It Conflicts with Existing Law

Maryland already has a law to accommodate individuals with physical disabilities during notarizations.

📌 State Government Article § 18-208 already allows:

• A physically disabled individual to direct another person to sign on their behalf in front of the notary.

• The notary to document that the signature was made at the signer’s direction.

💡 Why This Matters:
✅ SB 700 adds unnecessary burdens—there’s already a legal method to accommodate disabled signers.
✅ The bill does not consider technological solutions like screen readers or Braille, which many blind individuals already use.

3. It Creates a Legal Liability Risk for Notaries

📌 Notaries Are Not Attorneys

• Notaries are not responsible for ensuring a signer understands a document—only that they willingly execute it.

• If a signer misunderstands something read aloud, they could later claim the notary influenced their decision.

• This blurs the line between notarization and legal interpretation, exposing notaries to potential lawsuits.

📌 The Risk of Unauthorized Practice of Law (UPL)

• Legal documents often contain complex terminology and technical provisions that require legal expertise.

• If a notary reads a document aloud, they could be accused of interpreting or explaining its content—a violation of UPL laws in Maryland.

💡 Why This Matters:
✅ Notaries are not responsible for explaining legal documents.
✅ This bill places notaries in a legally risky position where they could be accused of overstepping their role.

How Senate Bill 700 Conflicts with Maryland Law

Senate Bill 700 (SB 700) contradicts Maryland State Government Article § 18-208 because it imposes additional requirements on notaries that current law does not mandate. Here’s how:

1. Current Law (§ 18-208) Already Provides a Solution for Physically Disabled Signers

📌 Under § 18-208:

• Maryland law already allows individuals with physical disabilities to complete a notarization without requiring additional actions from the notary.

• If a person cannot physically sign, they can direct another individual (other than the notary) to sign for them in the notary’s presence.

• The notary documents the arrangement by adding a statement such as:
  "Signature affixed by (name of other individual) at the direction of (name of individual directing the other individual to sign)."

• This process ensures accessibility without placing extra duties on the notary.

💡 Why SB 700 is Unnecessary:
🚫The current law does not require a notary to read, explain, or interpret documents. Instead, it focuses on allowing alternative signing methods.

2. Notaries Are Not Required to Ensure Comprehension

📌 Current law does not require a notary to verify that a signer understands the document.
📌 If a signer has trouble reading, they can seek help from a third party.

💡 Why SB 700 is a Problem:
🚫 Requiring a notary to read a document aloud could create the appearance that the signer fully understands what was read.
🚫 If the signer misunderstands something, they could later claim the notary misled them.

3. Notaries Cannot Charge Extra Fees for Time Spent Reading

📌 If this bill passes, notaries could be forced to spend 30+ minutes reading a document without compensation.

📌 Maryland regulations cap notary fees, and the Secretary of State’s office has verbally stated that notaries cannot charge extra for additional time spent notarizing.

In the Notary Public Town Hall: Stamping Device, Journal Requirements, Allowed Fees video, published by the Maryland Secretary of State's office, the speaker emphasizes that notaries must adhere to the state's fee schedule and are not permitted to charge beyond the specified amounts. The speaker states:

"A notary public may demand and receive a fee of no more than $8 for the performance of an original notarial act."

Presenter begins to speak about charges and fee at 36:06 minute mark of the video

This underscores that notaries in Maryland are restricted from charging fees beyond the regulatory limits set by the state.

💡 Why SB 700 is Unfair:
🚫 Reading a long document aloud takes time, and time is money.
🚫 Forcing notaries to do this without pay is an unreasonable burden.

Better Alternatives to SB 700

Instead of forcing notaries to read documents aloud, the bill should propose practical and legally sound solutions, such as:

✅ Assistive Technology – Allow blind signers to use screen readers, Braille, or other assistive devices.
✅ Third-Party Readers – Permit a trusted family member or legal representative (not the notary) to read the document aloud.
✅ Clarify Notary Duties – The bill should state clearly that reading a document does not imply explanation, interpretation, or verification.

How You Can Take Action Against SB 700

📢 Maryland Notaries In Action is taking a stand! We are organizing testimonies and a petition against Senate Bill 700.

Here’s what you can do:
🔹 Testify Against the Bill – More details on how to submit testimony will be coming soon!
🔹 Sign the Petition – We are drafting a petition urging lawmakers to amend or reject SB 700.
🔹 Spread the Word – Share this information with other notaries and community members who would be affected.

Conclusion: Protect Notaries While Supporting Accessibility

Senate Bill 700 is not reasonable when Maryland notaries are already undercompensated for their essential services.

📢 Notaries are not attorneys.
📢 Notaries should not be forced into unpaid labor.
📢 Notaries should not be exposed to legal risks for reading legal documents aloud.

Let’s work together to ensure accessibility while protecting notary professionals from unfair burdens. Stay tuned for our official testimony guide and petition launch!