Alabama 2024 Regular Session

Alabama Senate Bill SB289 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB289ENROLLED~~
	1	+	SB289INTRODUCED
2	2		Page 0
3	3		SB289
4		-	67XEZZ3-2
	4	+	67XEZZ3-1
5	5		By Senators Coleman, Givhan
6	6		RFD: Judiciary
7	7		First Read: 04-Apr-24
8	8		1
9	9		2
10	10		3
11	11		4
12		-	5 ~~SB289 Enrolled~~
	12	+	5 67XEZZ3-1 04/02/2024 JC (L)tgw 2024-1120
13	13		Page 1
14	14		First Read: 04-Apr-24
15		-	Enrolled, An Act,
	15	+	SYNOPSIS:
	16	+	Existing law prohibits a notary public from
	17	+	acknowledging a document that is required for a
	18	+	transaction in which the notary has a financial
	19	+	interest.
	20	+	This bill would explicitly recognize that this
	21	+	prohibition does not apply to professionals such as
	22	+	attorneys, accountants, or real estate brokers, or
	23	+	their employees, who may lawfully notarize the
	24	+	documents that are a necessary part of the professional
	25	+	services for which they are paid.
	26	+	A BILL
	27	+	TO BE ENTITLED
	28	+	AN ACT
16	29		Relating to state-at-large notaries public; to add
17	30		Section 36-20-70.1 to the Code of Alabama 1975, to provide
18	31		that both individuals who are licensed professionals and their
19	32		employees who are commissioned as notaries public may lawfully
20	33		perform notarial acts that are required in the practice of
21	34		their profession.
22	35		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23	36		Section 1. Section 36-20-70.1 is added to the Code of
24		-	Alabama 1975, to read as follows:
25		-	§36-20-70.1
26		-	(a) For purposes of this section, the term
27		-	"professional service" means any service or occupation that
28		-	may be lawfully performed only pursuant to a license issued by
29		-	a state court, state regulatory licensing board, or other
30		-	similar agency, and the term "professional" refers to an
31		-	individual who holds the license.
32		-	(b) Notwithstanding Section 36-20-70, Code of Alabama
33		-	1975:
34		-	(1) A professional who is commissioned as a notary
35		-	public, in the normal course of providing a professional
36		-	service in exchange for a fee, commission, or other payment,
37		-	may perform any acknowledgment or other notarial act that is
38		-	required to provide the professional service; and
39		-	(2) An individual who is employed by a professional and
40		-	who is commissioned as a notary public may perform any
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68		-	28 SB289 ~~Enrolled~~
	64	+	28 SB289 INTRODUCED
69	65		Page 2
	66	+	Section 1. Section 36-20-70.1 is added to the Code of
	67	+	Alabama 1975, to read as follows:
	68	+	§36-20-70.1
	69	+	(a) For purposes of this section, the term
	70	+	"professional service" means any service or occupation that
	71	+	may be lawfully performed only pursuant to a license issued by
	72	+	a state court, state regulatory licensing board, or other
	73	+	similar agency, and the term "professional" refers to an
	74	+	individual who holds the license.
	75	+	(b) Notwithstanding Section 36-20-70, Code of Alabama
	76	+	1975:
	77	+	(1) A professional who is commissioned as a notary
	78	+	public, in the normal course of providing a professional
	79	+	service in exchange for a fee, commission, or other payment,
	80	+	may perform any acknowledgment or other notarial act that is
	81	+	required to provide the professional service; and
	82	+	(2) An individual who is employed by a professional and
70	83		who is commissioned as a notary public may perform any
71	84		acknowledgment or other notarial act that is required in the
72	85		normal course of providing a professional service for which
73	86		the employing professional receives a fee, commission, or
74	87		other payment.
75	88		Section 2. This act shall become effective on October
76	89		1, 2024.
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82		-	34 SB289 Enrolled
83		-	Page 3
84		-	1, 2024.
85		-	________________________________________________
86		-	President and Presiding Officer of the Senate
87		-	________________________________________________
88		-	Speaker of the House of Representatives
89		-	SB289
90		-	Senate 23-Apr-24
91		-	I hereby certify that the within Act originated in and passed
92		-	the Senate.
93		-	Patrick Harris,
94		-	Secretary.
95		-	House of Representatives
96		-	Passed: 02-May-24
97		-	By: Senator Coleman
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