Bill Summary – FastDemocracy

 SB275
 210116-4
 By Senator Givhan
 RFD: Judiciary
 First Read: 25-FEB-21
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  SB275
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  ENROLLED, An Act,
              Relating to attestations by notaries public; to add
  Section 36-20-73.1 to the Code of Alabama 1975, to authorize
  the use of remote notarization for acknowledgements; to ratify
  certain actions taken pursuant to the Emergency Management Act
  of 1955; to provide penalties for violations; and to provide
 for exemptions; 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, as amended by
 Amendment 890, now appearing as Section 111.05 of the Official
 Recompilation of the Constitution of Alabama of 1901.
 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
             Section 1. Section 36-20-73.1 is added to the Code
 of Alabama 1975, to read as follows:
             (a) For the purposes of this section, the following
 terms shall have the following meanings:
             (1) ORIGINAL SIGNATURE. A signature signed directly
 onto a document in wet ink by a person who is named on the
 document.
             (2) SIGNATORY. The person who is named on the
 document and is to sign the document.
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               (b) Unless otherwise provided by law, the powers and
  functions of a notary public require his or her original
  signature.
               (c) For purposes of this article, and subject to
  subsections (d) to (f), inclusive, an individual may
  personally appear before an acknowledging notary by either of
  the following:
               (1) Physically appearing before the notary.
               (2) Appearing through the use of two-way audio-video
 communication technology that allows a notary public and a
 remotely located signatory to communicate with each other
 simultaneously by sight and sound, provided that the notary
 public is physically located in this state and the two-way
 audio-video communication is recorded and maintained for a
 period of seven years by the notary public.
              (d) If appearing through the use of two-way
 audio-video communication, the identity of the signatory shall
 be verified by the notary public using either of the following
 methods:
              (1) The personal knowledge of the notary public of
 the identity of the signatory.
              (2)a. The presentation of two valid forms of
 government issued identification, one of which shall include
 the face and signature of the signatory; and
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            b. A process by which the notary public verifies the
  identity of the signatory through a review of public or
  private data sources.
            (e) The two-way audio-video communication recording
  shall contain all of the following:
            (1) The date and time of the remote notarial act.
            (2) A description of the documents to which the
  remote notarial act relates.
            (3) An attestation by the notary public of being
 physically located in this state.
           (4) A description of how the identification of the
 signatory was verified.
           (5) A clear image of any government issued
 identification, if applicable.
           (6) A clear image of the act of signing observed by
 the notary public.
           (f) The official date and time of the notarization
 is the date and time the notary public witnessed the
 signature, including the date and time the signature was
 witnessed via two-way audio-video communication technology.
 All documents used during the two-way audio-video
 communication, shall be provided to the notary for his or her
 authentication and original signature.
           (g) Any action taken before July 1, 2021, allowing
 for the remote notarization of signatures under the Emergency
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  Management Act of 1955, Chapter 9 of Title 31, is ratified and
  confirmed.
               (h) Remote notarization may not be used to notarize
  an absentee ballot application or an absentee ballot
  affidavit, or for any purpose related to voting.
               (i) A notary who intentionally or fraudulently
  violates this section shall be guilty of a Class C
  misdemeanor.
               Section 2. Although this bill would have as its
 purpose or effect the requirement of a new or increased
 expenditure of local funds, the bill is excluded from further
 requirements and application under Amendment 621, as amended
 by Amendment 890, now appearing as Section 111.05 of the
 Official Recompilation of the Constitution of Alabama of 1901,
 as amended, because the bill defines a new crime or amends the
 definition of an existing crime.
              Section 3. This act shall become effective July 1,
 2021, following its passage and approval by the Governor, or
 its otherwise becoming law.
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            President and Presiding Officer of the Senate
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               Speaker of the House of Representatives
 SB275
 Senate 11-MAR-21
 I hereby certify that the within Act originated in and passed
 the Senate, as amended.
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                                 Patrick Harris,
                                 Secretary.
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 House of Representatives
 Amended and passed 20-APR-21
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 Senate concurred in House amendment 20-APR-21
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 By: Senator Givhan
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Statutes affected: 
Introduced: 36-20-73
Engrossed: 36-20-73
Enrolled: 36-20-73