REVISED
STATEMENT OF PURPOSE
RS28258 / H0107
In 2017, the Office of the Secretary of State proposed legislation that was subsequently passed by the
legislature as the Revised Uniform Law of Notarial Acts (RULONA). RULONA contained a savings clause
for minor deficiencies contained in a notarial act. However, RULONA did not apply retroactively so notarial
acts conducted prior 2017 are subject to disparate treatment. The purpose of this bill is to mitigate the effects
of a recent federal bankruptcy case on property rights in Idaho. This bill would create a savings clause, similar
to that contained in the RULONA legislation in I.C. 51-126, for documents acknowledged and recorded
prior to the enactment of RULONA. This is done by adding a subsection to I.C. 55-805 which provides
that any document recorded prior to July 1, 2017 is conclusive evidence of the validity of that document's
acknowledgement. This would prevent an attack on the validity of a document's acknowledgement similar to
which occurred in the Federal Bankruptcy Case.
This legislation contains an emergency clause.
FISCAL NOTE
The proposed legislation will have no fiscal impact upon the state General Fund because this merely adds
historical protection to notarial acts that occurred prior to the new law in 2017.
Contact:
Representative Kevin Andrus
Chad Houck, Chief Deputy Secretary
Secretary of State
(208) 332-1000
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN REVISED: 04/08/2021, 3:50 PM


Statutes affected:
Bill Text: 55-805
Engrossment 1: 55-805