| 1 | 1 | | 1 SB247 |
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| 2 | 2 | | 2 216509-1 |
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| 3 | 3 | | 3 By Senator Whatley |
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| 4 | 4 | | 4 RFD: Judiciary |
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| 5 | 5 | | 5 First Read: 22-FEB-22 |
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| 6 | 6 | | |
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| 7 | 7 | | Page 0 1 216509-1:n:02/16/2022:KMS/cr LSA2022-210 |
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| 8 | 8 | | 2 |
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| 10 | 10 | | 4 |
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| 11 | 11 | | 5 |
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| 12 | 12 | | 6 |
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| 13 | 13 | | 7 |
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| 14 | 14 | | 8 SYNOPSIS: Under existing law, notaries public may |
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| 15 | 15 | | 9 administer oaths, take the acknowledgment or proof |
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| 16 | 16 | | 10 of instruments of writing relating to commerce or |
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| 17 | 17 | | 11 navigation and certify the same, and demand |
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| 18 | 18 | | 12 acceptance and payment of bills of exchange, |
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| 19 | 19 | | 13 promissory notes, and all other writings which are |
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| 20 | 20 | | 14 governed by commercial law. |
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| 21 | 21 | | 15 This bill would provide that a tangible copy |
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| 22 | 22 | | 16 of an electronic record that has been certified by |
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| 23 | 23 | | 17 a notary public is a certified copy for the |
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| 24 | 24 | | 18 purposes of recording certain documents affecting |
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| 25 | 25 | | 19 title to property and would authorize a notary |
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| 26 | 26 | | 20 public to certify to the accuracy of certain |
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| 27 | 27 | | 21 electronic records. |
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| 28 | 28 | | 22 This bill would provide a process for the |
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| 29 | 29 | | 23 remote notarization of documents, would require a |
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| 30 | 30 | | 24 notary public to maintain a journal of notarial |
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| 31 | 31 | | 25 acts, and would require a notary public to notify |
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| 32 | 32 | | 26 the Secretary of State of the technology he or she |
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| 33 | 33 | | Page 1 1 will use for performing notarial acts with respect |
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| 34 | 34 | | 2 to electronic records. |
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| 35 | 35 | | 3 This bill would also provide for notarial |
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| 36 | 36 | | 4 acts performed by a notary public outside of this |
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| 37 | 37 | | 5 country. |
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| 38 | 38 | | 6 Amendment 621 of the Constitution of Alabama |
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| 39 | 39 | | 7 of 1901, as amended by Amendment 890, now appearing |
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| 40 | 40 | | 8 as Section 111.05 of the Official Recompilation of |
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| 41 | 41 | | 9 the Constitution of Alabama of 1901, as amended, |
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| 42 | 42 | | 10 prohibits a general law whose purpose or effect |
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| 43 | 43 | | 11 would be to require a new or increased expenditure |
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| 44 | 44 | | 12 of local funds from becoming effective with regard |
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| 45 | 45 | | 13 to a local governmental entity without enactment by |
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| 46 | 46 | | 14 a 2/3 vote unless: it comes within one of a number |
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| 47 | 47 | | 15 of specified exceptions; it is approved by the |
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| 48 | 48 | | 16 affected entity; or the Legislature appropriates |
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| 49 | 49 | | 17 funds, or provides a local source of revenue, to |
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| 50 | 50 | | 18 the entity for the purpose. |
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| 51 | 51 | | 19 The purpose or effect of this bill would be |
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| 52 | 52 | | 20 to require a new or increased expenditure of local |
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| 53 | 53 | | 21 funds within the meaning of the amendment. However, |
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| 54 | 54 | | 22 the bill does not require approval of a local |
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| 55 | 55 | | 23 governmental entity or enactment by a 2/3 vote to |
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| 56 | 56 | | 24 become effective because it comes within one of the |
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| 57 | 57 | | 25 specified exceptions contained in the amendment. |
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| 58 | 58 | | 26 |
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| 59 | 59 | | 27 A BILL |
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| 60 | 60 | | Page 2 1 TO BE ENTITLED |
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| 61 | 61 | | 2 AN ACT |
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| 62 | 62 | | 3 |
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| 63 | 63 | | 4 Relating to notary publics, to amend Sections |
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| 64 | 64 | | 5 35-4-66, 36-20-73, and 36-20-74, Code of Alabama 1975, and to |
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| 65 | 65 | | 6 add Sections 36-20-73.2, 36-20-73.3, 36-20-76, and 36-20-77 to |
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| 66 | 66 | | 7 the Code of Alabama 1975; to provide that a tangible copy of |
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| 67 | 67 | | 8 an electronic record certified by a notary public is a |
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| 68 | 68 | | 9 certified copy for the purposes of recording certain documents |
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| 69 | 69 | | 10 affecting title to property; to authorize a notary public to |
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| 70 | 70 | | 11 certify to the accuracy of certain electronic records; to |
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| 71 | 71 | | 12 provide a process for the remote notarization of documents; to |
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| 72 | 72 | | 13 require a notary public to maintain a journal of notarial |
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| 73 | 73 | | 14 acts; to require a notary public to notify the Secretary of |
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| 74 | 74 | | 15 State of the technology he or she will use for performing |
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| 75 | 75 | | 16 notarial acts with respect to electronic records; to provide |
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| 76 | 76 | | 17 for notarial acts performed by a notary public outside of this |
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| 77 | 77 | | 18 country; and to repeal Section 36-20-73.1, as added to the |
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| 78 | 78 | | 19 Code of Alabama 1975 by Act 2021-319, 2021 Regular Session, |
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| 79 | 79 | | 20 relating to attestations and remote notarizations; and in |
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| 80 | 80 | | 21 connection therewith would have as its purpose or effect the |
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| 81 | 81 | | 22 requirement of a new or increased expenditure of local funds |
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| 82 | 82 | | 23 within the meaning of Amendment 621 of the Constitution of |
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| 83 | 83 | | 24 Alabama of 1901, as amended by Amendment 890, now appearing as |
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| 84 | 84 | | 25 Section 111.05 of the Official Recompilation of the |
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| 85 | 85 | | 26 Constitution of Alabama of 1901, as amended. |
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| 86 | 86 | | 27 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 87 | 87 | | Page 3 1 Section 1. Sections 35-4-66, 36-20-73, and 36-20-74 |
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| 88 | 88 | | 2 of the Code of Alabama 1975, are amended to read as follows: |
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| 89 | 89 | | 3 "§35-4-66. |
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| 90 | 90 | | 4 "(a) For the purposes of this section, a certified |
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| 91 | 91 | | 5 copy includes a tangible copy of an electronic record that has |
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| 92 | 92 | | 6 been certified by a notary public. |
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| 93 | 93 | | 7 "(b) It shall be lawful to record certified copies |
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| 94 | 94 | | 8 of deeds, mortgages, maps, and other papers affecting the |
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| 95 | 95 | | 9 title to property in any probate office in this state in which |
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| 96 | 96 | | 10 the same should have been recorded when such the mortgages, |
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| 97 | 97 | | 11 deeds, maps, or other papers have heretofore been or may |
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| 98 | 98 | | 12 hereafter be recorded in any probate office in this state. |
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| 99 | 99 | | 13 "(c) When a certified copy of any deed, mortgage, |
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| 100 | 100 | | 14 map, or other paper affecting title to property has been |
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| 101 | 101 | | 15 recorded as provided for in this section, such the recording |
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| 102 | 102 | | 16 shall in all things be considered as and shall be given the |
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| 103 | 103 | | 17 effect of the original paper if so recorded. |
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| 104 | 104 | | 18 "§36-20-73. |
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| 105 | 105 | | 19 "Notaries public may do all of the following: |
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| 106 | 106 | | 20 "(1) Administer oaths in all matters incident to the |
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| 107 | 107 | | 21 exercise of their office. |
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| 108 | 108 | | 22 "(2) Take the acknowledgment or proof of instruments |
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| 109 | 109 | | 23 of writing relating to commerce or navigation and certify the |
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| 110 | 110 | | 24 same and all other of their official acts under their seal of |
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| 111 | 111 | | 25 office. |
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| 112 | 112 | | 26 "(3) Demand acceptance and payment of bills of |
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| 113 | 113 | | 27 exchange, promissory notes, and all other writings which are |
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| 114 | 114 | | Page 4 1 governed by the commercial law as to days of grace, demand, |
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| 115 | 115 | | 2 and notice of nonpayment and protest the same for |
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| 116 | 116 | | 3 nonacceptance or nonpayment and to give notice thereof as |
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| 117 | 117 | | 4 required by law. |
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| 118 | 118 | | 5 "(4) Certify that a tangible copy of an electronic |
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| 119 | 119 | | 6 record is an accurate copy of the electronic record. |
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| 120 | 120 | | 7 "(4)(5) Exercise such other powers, according to |
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| 121 | 121 | | 8 commercial usage or the laws of this state, as may belong to |
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| 122 | 122 | | 9 notaries public. |
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| 123 | 123 | | 10 "§36-20-74. |
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| 124 | 124 | | 11 "Notaries public are entitled to the sum of five |
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| 125 | 125 | | 12 dollar dollars ($5) for carrying out any of the enumerated |
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| 126 | 126 | | 13 powers in Section 36-20-73, and a sum not to exceed |
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| 127 | 127 | | 14 twenty-five dollars ($25) for carrying out any of the |
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| 128 | 128 | | 15 enumerated powers in Section 36-20-73 pursuant to Section |
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| 129 | 129 | | 16 36-20-73.2." |
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| 130 | 130 | | 17 Section 2. Sections 36-20-73.2, 36-20-73.3, |
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| 131 | 131 | | 18 36-20-76, and 36-20-77, are added to the Code of Alabama 1975, |
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| 132 | 132 | | 19 to read as follows: |
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| 133 | 133 | | 20 §36-20-73.2. |
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| 134 | 134 | | 21 (a) For the purposes of this section, the following |
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| 135 | 135 | | 22 terms shall have the following meanings: |
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| 136 | 136 | | 23 (1) COMMUNICATION TECHNOLOGY. An electronic device |
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| 137 | 137 | | 24 or process that does both of the following: |
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| 138 | 138 | | 25 a. Allows a notary public and a remotely located |
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| 139 | 139 | | 26 individual to communicate with each other simultaneously by |
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| 140 | 140 | | 27 sight and sound. |
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| 141 | 141 | | Page 5 1 b. When necessary and consistent with other |
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| 142 | 142 | | 2 applicable law, facilitates communication with a remotely |
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| 143 | 143 | | 3 located individual who has a vision, hearing, or speech |
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| 144 | 144 | | 4 impairment. |
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| 145 | 145 | | 5 (2) FOREIGN STATE. A jurisdiction other than the |
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| 146 | 146 | | 6 United States, a state, or a federally recognized Native |
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| 147 | 147 | | 7 American tribe. |
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| 148 | 148 | | 8 (3) IDENTITY PROOFING. A process or service by which |
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| 149 | 149 | | 9 a third person provides a notary public with a means to verify |
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| 150 | 150 | | 10 the identity of a remotely located individual by a review of |
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| 151 | 151 | | 11 personal information from public or private data sources. |
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| 152 | 152 | | 12 (4) NOTARIAL ACT. An act, whether performed with |
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| 153 | 153 | | 13 respect to a tangible or electronic record, that a notary |
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| 154 | 154 | | 14 public may perform under the laws of this state. |
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| 155 | 155 | | 15 (5) OUTSIDE THE UNITED STATES. A location outside |
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| 156 | 156 | | 16 the geographic boundaries of the United States, Puerto Rico, |
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| 157 | 157 | | 17 the United States Virgin Islands, and any territory, insular |
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| 158 | 158 | | 18 possession, or other location subject to the jurisdiction of |
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| 159 | 159 | | 19 the United States. |
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| 160 | 160 | | 20 (6) REMOTELY LOCATED INDIVIDUAL. An individual who |
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| 161 | 161 | | 21 is not in the physical presence of the notary public who |
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| 162 | 162 | | 22 performs a notarial act under this section. |
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| 163 | 163 | | 23 (b) If a law requires an individual to appear |
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| 164 | 164 | | 24 personally before a notary public, the requirement is |
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| 165 | 165 | | 25 satisfied by that individual using communication technology to |
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| 166 | 166 | | 26 appear before a notary public. |
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| 167 | 167 | | Page 6 1 (c) A notary public located in this state may use |
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| 168 | 168 | | 2 communication technology to perform a notarial act for a |
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| 169 | 169 | | 3 remotely located individual if all of the following are |
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| 170 | 170 | | 4 satisfied: |
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| 171 | 171 | | 5 (1) The notary public has any of the following: |
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| 172 | 172 | | 6 a. Personal knowledge of the identity of the |
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| 173 | 173 | | 7 remotely located individual. |
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| 174 | 174 | | 8 b. Satisfactory evidence of the identity of the |
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| 175 | 175 | | 9 remotely located individual by oath or affirmation from a |
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| 176 | 176 | | 10 credible witness appearing before the notary public pursuant |
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| 177 | 177 | | 11 to this section. |
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| 178 | 178 | | 12 c. Satisfactory evidence of identity of the remotely |
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| 179 | 179 | | 13 located individual by using at least two different types of |
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| 180 | 180 | | 14 identity proofing. |
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| 181 | 181 | | 15 (2) The notary public is able to reasonably confirm |
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| 182 | 182 | | 16 that a record before the notary public is the same record in |
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| 183 | 183 | | 17 which the remotely located individual made a statement or on |
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| 184 | 184 | | 18 which the individual executed a signature. |
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| 185 | 185 | | 19 (3) The notary public, or a person acting on behalf |
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| 186 | 186 | | 20 of the notary public, creates an audiovisual recording of the |
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| 187 | 187 | | 21 performance of the notarial act. |
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| 188 | 188 | | 22 (4) For a remotely located individual located |
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| 189 | 189 | | 23 outside the United States, both of the following: |
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| 190 | 190 | | 24 a. The record satisfies either of the following: |
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| 191 | 191 | | 25 1. Is to be filed with or relates to a matter before |
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| 192 | 192 | | 26 a public official or court, governmental entity, or other |
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| 193 | 193 | | 27 entity subject to the jurisdiction of the United States. |
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| 194 | 194 | | Page 7 1 2. Involves property located in the territorial |
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| 195 | 195 | | 2 jurisdiction of the United States or involves a transaction |
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| 196 | 196 | | 3 substantially connected with the United States. |
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| 197 | 197 | | 4 b. The act of making the statement or signing the |
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| 198 | 198 | | 5 record is not prohibited by the foreign state in which the |
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| 199 | 199 | | 6 remotely located individual is located. |
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| 200 | 200 | | 7 (d) If a notarial act is performed under this |
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| 201 | 201 | | 8 section, the certificate of notarial act shall indicate that |
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| 202 | 202 | | 9 the notarial act was performed using communication technology. |
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| 203 | 203 | | 10 (e) A notary public, a guardian, conservator, or |
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| 204 | 204 | | 11 agent of a notary public, or a personal representative of a |
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| 205 | 205 | | 12 deceased notary public shall retain the audiovisual recording |
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| 206 | 206 | | 13 created under subdivision (c)(3) or cause the recording to be |
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| 207 | 207 | | 14 retained by a repository designated by or on behalf of the |
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| 208 | 208 | | 15 person required to retain the recording. The recording shall |
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| 209 | 209 | | 16 be retained for at least 10 years. |
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| 210 | 210 | | 17 (f) Before a notary public performs his or her |
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| 211 | 211 | | 18 initial notarial act under this section, the notary public |
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| 212 | 212 | | 19 shall notify the Secretary of State that the notary public |
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| 213 | 213 | | 20 will be performing notarial acts with respect to remotely |
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| 214 | 214 | | 21 located individuals and identify the technologies the notary |
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| 215 | 215 | | 22 public intends to use. The communication technology and |
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| 216 | 216 | | 23 identity proofing shall conform to the standards adopted by |
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| 217 | 217 | | 24 the Secretary of State pursuant to this section. |
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| 218 | 218 | | 25 (g) The Secretary of State shall adopt rules |
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| 219 | 219 | | 26 regarding performance of a notarial act under this section and |
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| 220 | 220 | | Page 8 1 to implement Sections 36-20-73.3 and 36-20-76. The rules shall |
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| 221 | 221 | | 2 do all of the following: |
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| 222 | 222 | | 3 (1) Prescribe the means of performing a notarial act |
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| 223 | 223 | | 4 involving a remotely located individual using communication |
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| 224 | 224 | | 5 technology. |
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| 225 | 225 | | 6 (2) Establish standards for communication technology |
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| 226 | 226 | | 7 and identity proofing. |
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| 227 | 227 | | 8 (3) Establish requirements or procedures to approve |
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| 228 | 228 | | 9 providers of communication technology and the process of |
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| 229 | 229 | | 10 identity proofing. |
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| 230 | 230 | | 11 (4) Include provisions to ensure that any change to |
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| 231 | 231 | | 12 or tampering with a record bearing a certificate of a notarial |
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| 232 | 232 | | 13 act is self-evident. |
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| 233 | 233 | | 14 (5) Include provisions to ensure integrity in the |
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| 234 | 234 | | 15 creation, transmittal, storage, and authentication of |
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| 235 | 235 | | 16 electronic records or signatures. |
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| 236 | 236 | | 17 (6) Prescribe the process of notification under |
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| 237 | 237 | | 18 subsection (f). |
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| 238 | 238 | | 19 (7) Prescribe the manner of performing notarial acts |
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| 239 | 239 | | 20 pursuant to this section. |
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| 240 | 240 | | 21 (h) Before adopting, amending, or repealing a rule |
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| 241 | 241 | | 22 governing performance of a notarial act with respect to a |
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| 242 | 242 | | 23 remotely located individual, the Secretary of State shall |
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| 243 | 243 | | 24 consider all of the following: |
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| 244 | 244 | | 25 (1) The most recent standards regarding the |
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| 245 | 245 | | 26 performance of a notarial act with respect to a remotely |
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| 246 | 246 | | 27 located individual adopted by national standard-setting |
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| 247 | 247 | | Page 9 1 organizations and the recommendations of the National |
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| 248 | 248 | | 2 Association of Secretaries of State. |
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| 249 | 249 | | 3 (2) Standards, practices, and customs of other |
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| 250 | 250 | | 4 jurisdictions that have laws substantially similar to this |
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| 251 | 251 | | 5 section. |
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| 252 | 252 | | 6 (3) The views of governmental officials and entities |
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| 253 | 253 | | 7 and other interested persons. |
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| 254 | 254 | | 8 (i) Any action taken before July 1, 2021, allowing |
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| 255 | 255 | | 9 for the remote notarization of signatures under the Emergency |
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| 256 | 256 | | 10 Management Act of 1955, Chapter 9 of Title 31, is ratified and |
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| 257 | 257 | | 11 confirmed. |
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| 258 | 258 | | 12 (j) Remote notarization may not be used to notarize |
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| 259 | 259 | | 13 an absentee ballot application or an absentee ballot |
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| 260 | 260 | | 14 affidavit, or for any purpose related to voting. |
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| 261 | 261 | | 15 (k) A notary who intentionally or fraudulently |
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| 262 | 262 | | 16 violates this section shall be guilty of a Class C |
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| 263 | 263 | | 17 misdemeanor. |
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| 264 | 264 | | 18 §36-20-73.3. |
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| 265 | 265 | | 19 (a) A notary public shall maintain a journal in |
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| 266 | 266 | | 20 which the notary public chronicles all notarial acts that the |
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| 267 | 267 | | 21 notary public performs pursuant to Section 36-20.73.2. The |
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| 268 | 268 | | 22 notary public shall retain the journal for 10 years after the |
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| 269 | 269 | | 23 performance of the last notarial act chronicled in the |
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| 270 | 270 | | 24 journal. |
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| 271 | 271 | | 25 (b) A journal may be created on a tangible medium or |
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| 272 | 272 | | 26 in an electronic format. A notary public shall maintain only |
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| 273 | 273 | | 27 one tangible journal at a time, but may maintain multiple |
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| 274 | 274 | | Page 10 1 electronic journals. If the journal is maintained on a |
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| 275 | 275 | | 2 tangible medium, it shall be a permanent, bound register with |
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| 276 | 276 | | 3 numbered pages. If the journal is maintained in an electronic |
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| 277 | 277 | | 4 format, it shall be in a permanent, tamper-evident electronic |
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| 278 | 278 | | 5 format complying with the rules of the Secretary of State. |
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| 279 | 279 | | 6 (c) An entry in a journal shall be made |
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| 280 | 280 | | 7 contemporaneously with the performance of the notarial act and |
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| 281 | 281 | | 8 shall contain all of the following information: |
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| 282 | 282 | | 9 (1) The date and time of the notarial act. |
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| 283 | 283 | | 10 (2) A description of the record, if any, and type of |
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| 284 | 284 | | 11 notarial act. |
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| 285 | 285 | | 12 (3) The full name and address of each individual for |
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| 286 | 286 | | 13 whom the notarial act is performed. |
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| 287 | 287 | | 14 (4) A statement as to the method of identification |
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| 288 | 288 | | 15 under subdivision 36-20-73.2(c)(l). |
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| 289 | 289 | | 16 (5) The fee charged by the notary public, if any. |
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| 290 | 290 | | 17 (d) A notary public shall promptly notify the |
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| 291 | 291 | | 18 Secretary of State upon discovering his or her journal is lost |
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| 292 | 292 | | 19 or stolen. |
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| 293 | 293 | | 20 (e) On resignation from, or the revocation or |
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| 294 | 294 | | 21 suspension of, the commission of a notary public, the notary |
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| 295 | 295 | | 22 public shall retain his or her journal in accordance with |
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| 296 | 296 | | 23 subsection (a) and shall inform the Secretary of State of the |
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| 297 | 297 | | 24 location of the journal. |
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| 298 | 298 | | 25 (f) In lieu of retaining a journal pursuant to |
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| 299 | 299 | | 26 subsections (a) and (e), a current or former notary public may |
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| 300 | 300 | | Page 11 1 transmit the journal to the Secretary of State or a repository |
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| 301 | 301 | | 2 approved by the Secretary of State. |
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| 302 | 302 | | 3 (g) On the death or adjudication of incompetency of |
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| 303 | 303 | | 4 a current of former notary public, his or her personal |
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| 304 | 304 | | 5 representative or guardian, or any other person knowingly in |
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| 305 | 305 | | 6 possession of his or her journal, shall transmit the journal |
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| 306 | 306 | | 7 to the Secretary of State or a repository approved by the |
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| 307 | 307 | | 8 Secretary of State. |
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| 308 | 308 | | 9 §36-20-76. |
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| 309 | 309 | | 10 (a) A notary public may select one or more |
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| 310 | 310 | | 11 tamper-evident technologies to perform notarial acts with |
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| 311 | 311 | | 12 respect to electronic records. A person may not require a |
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| 312 | 312 | | 13 notary public to perform a notarial act with respect to an |
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| 313 | 313 | | 14 electronic record with a technology that the notary public has |
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| 314 | 314 | | 15 not selected. |
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| 315 | 315 | | 16 (b) Before a notary public performs his or her |
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| 316 | 316 | | 17 initial notarial act with respect to an electronic record, a |
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| 317 | 317 | | 18 notary public shall notify the Secretary of State that the |
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| 318 | 318 | | 19 notary public will be performing notarial acts with respect to |
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| 319 | 319 | | 20 electronic records and identify the technology the notary |
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| 320 | 320 | | 21 public intends to use. The technology shall conform to the |
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| 321 | 321 | | 22 standards adopted by the Secretary of State pursuant to |
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| 322 | 322 | | 23 Section 36-20-73.2. If the technology conforms to the |
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| 323 | 323 | | 24 standards, the Secretary of State shall approve the use of the |
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| 324 | 324 | | 25 technology. |
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| 325 | 325 | | 26 (c) A probate office in this state shall accept for |
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| 326 | 326 | | 27 recording a tangible copy of an electronic record containing a |
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| 327 | 327 | | Page 12 1 notarial certificate as satisfying any requirement that a |
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| 328 | 328 | | 2 record accepted for recording be an original, if the tangible |
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| 329 | 329 | | 3 copy is certified as an accurate copy of the electronic |
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| 330 | 330 | | 4 record. |
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| 331 | 331 | | 5 §36-20-77. |
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| 332 | 332 | | 6 (a) For the purposes of this section, the following |
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| 333 | 333 | | 7 terms shall have the following meanings: |
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| 334 | 334 | | 8 (1) FOREIGN STATE. A government other than the |
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| 335 | 335 | | 9 United States, a state, or a federally recognized Native |
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| 336 | 336 | | 10 American tribe. |
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| 337 | 337 | | 11 (2) NOTARIAL ACT. An act, whether performed with |
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| 338 | 338 | | 12 respect to a tangible or electronic record, that a notary |
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| 339 | 339 | | 13 public may perform under the laws of the commissioning |
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| 340 | 340 | | 14 jurisdiction. |
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| 341 | 341 | | 15 (b)(1) A notarial act performed in another state has |
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| 342 | 342 | | 16 the same effect under the law of this state as if performed by |
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| 343 | 343 | | 17 a notary public of this state, if the act performed in that |
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| 344 | 344 | | 18 state is performed by any of the following: |
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| 345 | 345 | | 19 a. A notary public of that state. |
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| 346 | 346 | | 20 b. A judge, clerk, or deputy clerk of a court of |
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| 347 | 347 | | 21 that state. |
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| 348 | 348 | | 22 c. Any other individual authorized by the law of |
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| 349 | 349 | | 23 that state to perform the notarial act. |
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| 350 | 350 | | 24 (2) The signature and title of an individual |
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| 351 | 351 | | 25 performing a notarial act in another state are prima facie |
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| 352 | 352 | | 26 evidence that the signature is genuine and that the individual |
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| 353 | 353 | | 27 holds the designated title. |
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| 354 | 354 | | Page 13 1 (3) The signature and title of a notarial officer |
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| 355 | 355 | | 2 described in paragraph (b)(l)a. or (b)(1)b. conclusively |
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| 356 | 356 | | 3 establish the authority of the officer to perform the notarial |
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| 357 | 357 | | 4 act. |
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| 358 | 358 | | 5 (c)(1) A notarial act performed under the authority |
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| 359 | 359 | | 6 and in the jurisdiction of a federally recognized Native |
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| 360 | 360 | | 7 American tribe has the same effect as if performed by a notary |
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| 361 | 361 | | 8 public of this state, if the act performed in the jurisdiction |
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| 362 | 362 | | 9 of the tribe is performed by any of the following: |
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| 363 | 363 | | 10 a. A notary public of the tribe. |
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| 364 | 364 | | 11 b. A judge, clerk, or deputy clerk of a court of the |
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| 365 | 365 | | 12 tribe. |
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| 366 | 366 | | 13 c. Any other individual authorized by the law of the |
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| 367 | 367 | | 14 tribe to perform the notarial act. |
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| 368 | 368 | | 15 (2) The signature and title of an individual |
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| 369 | 369 | | 16 performing a notarial act under the authority of and in the |
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| 370 | 370 | | 17 jurisdiction of a federally recognized Native American tribe |
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| 371 | 371 | | 18 are prima facie evidence that the signature is genuine and |
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| 372 | 372 | | 19 that the individual holds the designated title. |
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| 373 | 373 | | 20 (3) The signature and title of a notarial officer |
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| 374 | 374 | | 21 described in paragraph (c)(1)a. or (c)(1)b. conclusively |
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| 375 | 375 | | 22 establish the authority of the officer to perform the notarial |
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| 376 | 376 | | 23 act. |
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| 377 | 377 | | 24 (d)(1) A notarial act performed under federal law |
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| 378 | 378 | | 25 has the same effect under the law of this state as if |
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| 379 | 379 | | 26 performed by a notary public of this state, if the act |
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| 380 | 380 | | Page 14 1 performed under federal law is performed by any of the |
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| 381 | 381 | | 2 following: |
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| 382 | 382 | | 3 a. A judge, clerk, or deputy clerk of a court. |
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| 383 | 383 | | 4 b. An individual in military service or performing |
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| 384 | 384 | | 5 duties under the authority of military service who is |
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| 385 | 385 | | 6 authorized to perform notarial acts under federal law. |
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| 386 | 386 | | 7 c. An individual designated a notarizing officer by |
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| 387 | 387 | | 8 the United States Department of State for performing notarial |
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| 388 | 388 | | 9 acts overseas. |
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| 389 | 389 | | 10 d. Any other individual authorized by federal law to |
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| 390 | 390 | | 11 perform the notarial act. |
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| 391 | 391 | | 12 (2) The signature and title of an individual acting |
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| 392 | 392 | | 13 under federal authority and performing a notarial act are |
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| 393 | 393 | | 14 prima facie evidence that the signature is genuine and that |
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| 394 | 394 | | 15 the individual holds the designated title. |
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| 395 | 395 | | 16 (3) The signature and title of an officer described |
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| 396 | 396 | | 17 in paragraph (d)(l)a., (d)(1)b., or (d)(1)c. conclusively |
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| 397 | 397 | | 18 establish the authority of the officer to perform the notarial |
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| 398 | 398 | | 19 act. |
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| 399 | 399 | | 20 (e)(1) If a notarial act is performed under |
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| 400 | 400 | | 21 authority and in the jurisdiction of a foreign state or |
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| 401 | 401 | | 22 constituent unit of the foreign state or is performed under |
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| 402 | 402 | | 23 the authority of a multinational or international governmental |
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| 403 | 403 | | 24 organization, the act has the same effect under the law of |
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| 404 | 404 | | 25 this state as if performed by a notarial public of this state. |
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| 405 | 405 | | 26 (2) If the title of office and indication of |
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| 406 | 406 | | 27 authority to perform notarial acts in a foreign state appears |
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| 407 | 407 | | Page 15 1 in a digest of foreign law or in a list customarily used as a |
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| 408 | 408 | | 2 source for that information, the authority of an officer with |
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| 409 | 409 | | 3 that title to perform notarial acts is conclusively |
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| 410 | 410 | | 4 established. |
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| 411 | 411 | | 5 (3) The signature and official stamp of an |
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| 412 | 412 | | 6 individual holding an office described in this subsection are |
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| 413 | 413 | | 7 prima facie evidence that the signature is genuine and the |
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| 414 | 414 | | 8 individual holds the designated title. |
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| 415 | 415 | | 9 (4) An apostille certification in the form |
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| 416 | 416 | | 10 prescribed by the Hague Convention of October 5, 1961, and |
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| 417 | 417 | | 11 issued by a foreign state party to the convention conclusively |
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| 418 | 418 | | 12 establishes that the signature of the notarial officer is |
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| 419 | 419 | | 13 genuine and that the officer holds the indicated office. |
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| 420 | 420 | | 14 (5) A consular authentication issued by an |
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| 421 | 421 | | 15 individual designated by the United States Department of State |
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| 422 | 422 | | 16 as a notarizing officer for performing notarial acts overseas |
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| 423 | 423 | | 17 and attached to the record with respect to which the notarial |
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| 424 | 424 | | 18 act is performed conclusively establishes that the signature |
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| 425 | 425 | | 19 of the notarial officer is genuine and that the officer holds |
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| 426 | 426 | | 20 the indicated office. |
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| 427 | 427 | | 21 Section 3. Section 36-20-73.1, as added to the Code |
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| 428 | 428 | | 22 of Alabama 1975 by Act 2021-319, 2021 Regular Session, |
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| 429 | 429 | | 23 relating to attestations and remote notarizations, is |
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| 430 | 430 | | 24 repealed. |
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| 431 | 431 | | 25 Section 4. Although this bill would have as its |
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| 432 | 432 | | 26 purpose or effect the requirement of a new or increased |
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| 433 | 433 | | 27 expenditure of local funds, the bill is excluded from further |
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| 434 | 434 | | Page 16 1 requirements and application under Amendment 621, as amended |
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| 435 | 435 | | 2 by Amendment 890, now appearing as Section 111.05 of the |
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| 436 | 436 | | 3 Official Recompilation of the Constitution of Alabama of 1901, |
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| 437 | 437 | | 4 as amended, because the bill defines a new crime or amends the |
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| 438 | 438 | | 5 definition of an existing crime. |
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| 439 | 439 | | 6 Section 5. This act shall become effective on July |
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| 440 | 440 | | 7 1, 2022, following its passage and approval by the Governor, |
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| 441 | 441 | | 8 or its otherwise becoming law. |
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| 442 | 442 | | Page 17 |
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