SB359 Alabama 2019 Session

Existing law provides 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 create the Online Notary Public Act

This bill would provide for the Secretary of State to commission any notary public as an online notary public and adopt rules for the implementation of online notarization

This bill would provide for electronic methods to carry on the same basic functions and powers of existing notaries public and provide for criminal penalties for any violation under the provisions of the act

Also under existing law, it is the responsibility of the Secretary of State to attest commissions and all other public documents and, when necessary, to affix the seal of the state

This bill would authorize the Secretary of State to perform attestations and affixments in an electronic manner

This bill would also revise the Alabama Uniform Real Property Electronic Recording Act, to provide further for the notarizing and recording of an electronic document relating to real property

Amendment 621 of the Constitution of Alabama of 1901, 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 notaries and attestations; to amend Section 36-20-73, Code of Alabama 1975; to provide for electronic acknowledgement; to add Article 5, commencing with Section 36-20-85, to Chapter 20 of Title 36, Code of Alabama 1975; to create the Online Notary Public Act; to provide for online notaries public; to provide for online notarization; to provide that the Secretary of State shall establish rules to implement online notarization; to provide criminal penalties; to amend Section 36-14-1, Code of Alabama 1975, relating to the duties of the Secretary of State; to authorize the Secretary of State to perform certain attestations and affixments in an electronic manner; to add Section 35-4-128 to the Alabama Uniform Real Property Electronic Recording Act, to provide further for the notarizing and recording of an electronic document relating to real property; 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, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.