1170jf

    On page 1, line 12, of the printed bill, after "allows" delete "an".

    On page 1, delete line 13, and insert "a notary public".

    On page 1, line 14, after "state" insert "and a remotely located individual".

    On page 1, line 14, after "sound" insert "or that, as necessary, makes reasonable accommodations for an individual with vision, hearing, or speech impairments".

    On page 2, between lines 4 and 5, insert:
"

            (5)    "Foreign state," a government other than the United States, a state, or federally recognized Indian tribe;".

    On page 2, line 5, delete "(5)" and insert "(6)".

    On page 2, line 7, after "from" delete "a" and after "data" delete "source" and insert "sources".

    On page 2, line 8, delete "(6)" and insert "(7)".

    On page 2, line 15, delete "(7)" and insert "(8)".

    On page 2, line 20, delete "(8)" and insert "(9)".

    On page 2, line 22, delete "(9)" and insert "(10)".

    On page 2, line 24, delete "(10)" and insert "(11)".

    On page 3, between lines 1 and 2, insert:
"

            (12)    "Outside the United States," outside the geographic boundaries of the United States, Puerto Rico, the U.S. Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States;".

    On page 3, line 2, delete "(11)" and insert "(13)".

    On page 3, line 6, delete "(12)" and insert "(14)".

    On page 3, between lines 7 and 8, insert:

"

            (15)    "Remotely located individual," a person who is not in the physical presence of the notary;".

    On page 3, line 8, delete "(13)" and insert "(16)".

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    On page 3, line 11, delete "(14)" and insert "(17)".

    On page 3, line 13, delete "(15)" and insert "(18)".

    On page 3, line 16, delete "(16)" and insert "(19)".

    On page 3, line 19, delete "(17)" and insert "(20)".

    On page 3, line 22, delete "June 30, 2018" and insert "June 30, 2019".

    On page 8, delete lines 5 and 6.

    On page 9, delete lines 1 to 24, inclusive, and insert "act relating to a statement made in or signature executed on a record by a remotely located individual if:

            (1)    The notary public has personal knowledge of the identity of the individual or satisfactory evidence of the identity of the individual as provided in section 7 of this Act;

            (2)    The notarial act relates to an electronic record or signature, or the acknowledgment of a signature on a tangible record;

            (3)    The notary public is reasonably able to identify the record before the notary public as the same record in which the remotely located individual made the statement or on which the remotely located individual executed the signature;

            (4)    The notary public, or a person acting on behalf of the notary public, creates an audio-visual copy of the performance of the notarial act; and

            (5)    If a remotely located individual is located outside the United States:

            (a)    The record is to be filed with or relates to a matter before a court, governmental entity, public official, or other entity under the jurisdiction of the United States, involves property located in the territorial jurisdiction of the United States, or involves a transaction substantially connected with the United States;

            (b)    The act of making a statement or signing the record is not prohibited by the foreign state that the remotely located individual is located.

    In addition to the methods permitted by section 7 of this Act, a notary public has satisfactory evidence of the identity of a remotely located individual if the notary public reasonably can identify the individual by at least two forms of identity proofing.".

    On page 10, line 3, after "individual" insert "located in a foreign state".

    On page 10, line 3, delete "required by".

    On page 10, line 4, delete "section 20 of this Act must" and insert "must also".

    On page 10, line 5, delete "was located outside the notary's physical" and insert "was physically located in a foreign state".

    On page 10, line 6, delete "presence".

    On page 10, line 8, delete "video and audio" and insert "audio-visual".

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    On page 10, line 9, delete everything after "technology" and insert " for ten years from the date of performance. Upon suspension or revocation of a notary public's commission or upon death or incapacity, the notary public or guardian, conservator, or personal representative of an incapacitated or deceased notary public shall retain a copy of the notarial act for ten years. In lieu of retaining copies as required by this section, the copies may be held by a repository designated by or on behalf of the notary public.

    The notary public shall notify the secretary of state of the location where the copies are maintained, including any changes in location or status. Notification shall be on a form created by the secretary of state.".

    On page 10, delete line 10.

    On page 11, line 4, delete "section 20" and insert "section 19".

    On page 11, line 6, delete "section 22" and insert "section 21".

    On page 11, line 20, delete everything after "." .

    On page 11, delete lines 21 and 22.

    On page 14, delete lines 14 to 24, inclusive, and insert:

"

    If a notarial act involves a statement made or a signature executed on a record by a remotely located individual, the certificate of a notarial act required by section 19 of this Act and the short form certificate required by section 21 of this Act must also indicate the individual was remotely located. A short form certificate for a notarial act subject to this section is sufficient if it is in the form provided by section 19 of this Act and substantially states, "This notarial act involved a statement made or a signature executed by a remotely located individual using communication technology.".".

    Delete pages 15 and 16, inclusive.

    On page 17, delete lines 1 to 5, inclusive.

    On page 17, line 12, delete everything after "." .

    On page 17, delete lines 13 to 15, inclusive.

    On page 18, line 16, delete everything after "." and insert "A journal".

    On page 18, line 17, delete ", it" and after the second format insert ".".

    On page 18, delete line 18.

    On page 19, delete lines 6 to 16, inclusive, and insert:
"

    Upon suspension or revocation of a notary public's commission or upon death or incapacity, the notary public or guardian, conservator, or personal representative of an incapacitated or deceased

notary public shall retain the journal for ten years. In lieu of retaining a journal as required by this section, the journal may be held by a repository designated by or on behalf of the notary public.

    The notary public shall notify the secretary of state of the location where the notary public's journal is maintained, including any changes in location or status. Notification shall be on a form created by the secretary of state.".

    On page 19, line 24, delete everything after "." and insert "Notification shall be on a form created by the secretary of state.".

    Delete pages 20 and 21, inclusive

    On page 22, delete lines 1 and 2.

    On page 23, delete lines 19 to 24, inclusive.

    Delete page 24.

    On page 25, delete lines 1 to 8, inclusive.

    On page 25, line 10, delete "July 1, 2018" and insert "July 1, 2019".

    On page 25, line 12, delete "2018" and insert "2019".

    On page 25, line 13, delete "July 1, 2018" and insert "July 1, 2019".

    On page 25, line 15, delete "July 1, 2018" and insert "July 1, 2019".

    On page 26, line 5, delete "petty offense" and insert "Class 2 misdemeanor".