Alabama Senate Bill SB247

Alabama 2022 Regular Session

• Introduced: 2/22/22
• Refer: 2/22/22

Caption

Notaries public, process for remote notarization and certification of accuracy of certain electronic records provided, Secs. 36-20-73.2, 36-20-73.3, 36-20-76, 36-20-77 added; Sec. 36-20-73.1 repealed; Secs. 35-4-66, 36-20-73, 36-20-74 am'd.

Impact

By enabling remote notarization, SB247 addresses logistical challenges faced by individuals needing notarization services, especially in situations where parties may be out of state or unable to meet in person. This bill encourages the adoption of modern technologies in the notarization process, potentially increasing efficiency and accessibility. It also mandates the creation of a notarial journal, where notaries must record their acts, thus enhancing the accountability and traceability of notarizations.

Summary

SB247 introduces significant changes to the notarial processes in Alabama, particularly emphasizing the ability to conduct remote notarizations. The bill amends existing sections of the Code of Alabama related to notaries public and introduces new sections that provide a comprehensive framework for remote notarization. It specifies that a tangible copy of an electronic record certified by a notary is considered a certified copy for recording purposes. Moreover, it allows notaries to verify the accuracy of electronic records, making it easier for individuals and businesses to complete notarization without being physically present.

Contention

Despite its benefits, the bill raises potential concerns regarding security and fraud prevention in remote notarizing practices. Specifically, issues regarding identity proofing and the integrity of electronic records come to the forefront as it allows remote notarizations. Critics may argue that these changes could expose individuals to increased risks if not properly regulated, emphasizing the importance of establishing robust safeguards. The stipulation that remote notarization cannot be employed for absentee ballot applications also indicates conscious restrictions to prevent misuse in the electoral process.