SB247 Alabama 2022 Session

Under existing law, notaries public may administer oaths, take the acknowledgment or proof of instruments of writing relating to commerce or navigation and certify the same, and demand acceptance and payment of bills of exchange, promissory notes, and all other writings which are governed by commercial law

This bill would provide that a tangible copy of an electronic record that has been certified by a notary public is a certified copy for the purposes of recording certain documents affecting title to property and would authorize a notary public to certify to the accuracy of certain electronic records

This bill would provide a process for the remote notarization of documents, would require a notary public to maintain a journal of notarial acts, and would require a notary public to notify the Secretary of State of the technology he or she will use for performing notarial acts with respect to electronic records

This bill would also provide for notarial acts performed by a notary public outside of this country

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to notary publics, to amend Sections 35-4-66, 36-20-73, and 36-20-74, Code of Alabama 1975, and to add Sections 36-20-73.2, 36-20-73.3, 36-20-76, and 36-20-77 to the Code of Alabama 1975; to provide that a tangible copy of an electronic record certified by a notary public is a certified copy for the purposes of recording certain documents affecting title to property; to authorize a notary public to certify to the accuracy of certain electronic records; to provide a process for the remote notarization of documents; to require a notary public to maintain a journal of notarial acts; to require a notary public to notify the Secretary of State of the technology he or she will use for performing notarial acts with respect to electronic records; to provide for notarial acts performed by a notary public outside of this country; and to repeal Section 36-20-73.1, as added to the Code of Alabama 1975 by Act 2021-319, 2021 Regular Session, relating to attestations and remote notarizations; 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 Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.