SB359 Alabama 2019 Session

Summary

Primary Sponsor

Clay Scofield

Republican

Session

Regular Session 2019

Title

Notaries public; to create online Notary Public Act, to provide for electronic acknowledgement of instruments, Sec. of State to perform attestations and affixments in an electronic manner, Secs. 35-4-128, 36-20-85 to 36-20-96, inclusive, added; Secs. 36-14-1, 36-20-73 am'd.

Summary

SB 359 would create the Online Notary Public Act in Alabama, enabling notaries to perform notarial acts remotely and updating related recording and attestations processes.

What This Bill Does

It authorizes the Secretary of State to commission online notaries and establish rules for online notarization. Notarial acts could be performed electronically via two-way video and audio, with identity verification and credential analysis, and online records would be kept tamper-evidently for at least 10 years. It also updates real property recording rules to allow notarizing and recording electronic documents, and establishes penalties for misuse.

Who It Affects

• Notaries public in Alabama, who may become online notaries, must meet qualifications, apply with the Secretary of State, and follow new rules and recordkeeping requirements.
• Individuals and businesses seeking notarial services, who could use online notarizations and rely on identity verification and electronic records for documents and real property transactions.
• County recorders and the Secretary of State, which must implement rules, handle electronic attestations, and accept or record electronic documents and certified copies.
• People involved in notarizations (principals and witnesses) who would have online appearances and digital certificates, with protections and potential penalties for misuse.

Key Provisions

• Creates the Online Notary Public Act and designates online notaries and online notarizations, including the responsibilities and standards for electronic acts.
• Authorizes the Secretary of State to commission online notaries, adopt implementation rules, and require credential analysis and identity proofing for online notarizations.
• Allows online notarizations to be performed from any location within Alabama using two-way video and audio, with requirements to maintain tamper-evident electronic records and contemporaneous data about each act, including identities and fees; records kept for at least 10 years.
• Amends the Alabama Uniform Real Property Electronic Recording Act to permit notarizing and recording electronic documents related to real property, and to certify true copies of electronic documents on paper if certain tamper-evidence and printing controls are met.
• Imposes criminal penalties for misuse of online notarial tools, including offenses related to unauthorized obtaining or destruction of electronic notary materials (Class D felony).
• Allows the Secretary of State to perform electronic attestations and affixments, and expands authority to electronically attest commissions and other public documents; clarifies appearance rules and remote acknowledgments for online notarizations. Also states the act is exempt from certain local-funds requirements under Amendment 621.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Notaries Public