Senate Bill 114

Actions | Amendments
Last Action 03/25/19: signed by Governor (KY Acts ch. 086)
Title AN ACT relating to official documents and making an appropriation therefor.
Bill Documents Current/Final
Introduced
Impact Statements Local Mandate
Bill Request Number 274
Sponsor M. McGarvey
Summary of Original Version Create new sections of KRS Chapter 423 to define various terms; limit the applicability of the Act to notarial acts performed on or after January 1, 2020; allow a notarial officer to perform a notarial act in Kentucky; outline requirements for certain notarial acts; require a personal or online appearance before a notarial officer; specify the requirements of identifying an individual before a notarial officer; allow a notarial officer to refuse to perform a notarial act; state who may perform a notarial act in Kentucky; recognize notarial acts performed in other states; recognize notarial acts performed in federally recognized Indian tribes under federal law, and in foreign countries; allow a notary public to perform a notarial act by means of communication technology; require a notarial act to be evidenced by a certificate; provide short-form certificates for use by notarial officers; outline the requirements for an official stamp of a notary public; assign responsibility of the notary public's stamping device to the notary public; require a notary public to maintain a journal chronicling all notarial acts performed by that notary public; require a notary public to register with the Secretary of State that the notary public will be performing notarial acts with respect to electronic records; outline the necessary requirements to be a notary public; outline grounds for suspending, denying, or revoking a commission as a notary public; require the Secretary of State to maintain an electronic database of notaries public; detail prohibited acts; establish the validity of notarial acts; allow the Secretary of State to promulgate administrative regulations to implement this Act; require all commissions occurring after the effective date of this Act to comply with this Act; state that a portion of this Act may be cited as the Uniform Real Property Electronic Recording Act; create a new section of KRS Chapter 382 to state that a paper copy of an electronic record shall satisfy a law requiring a tangible document; amend KRS 423.200 to make technical corrections; amend KRS 369.103 to allow electronic signatures on transactions relating to the conveyance of interests in real property and the creation or transfer of negotiable instruments; amend KRS 382.230 to remove reference to KRS 382.140; create a new section of KRS Chapter 382 to provide for the order of priority between physical and electronic documents presented to the county clerk; amend KRS 382.200 and 382.280 to make technical corrections; amend KRS 64.012 to update fees of county clerks for recording documents; amend KRS 382.240 to allow a reimbursement to county clerks for prepayment of postage; amend KRS 382.360 to no longer require the county clerk to deliver the original deed of release; create a task force on issues regarding the implementation of this Act; repeal KRS 382.140, 382.190, 423.010, 423.020, 423.030, 423.040, 423.050, 423.060, 423.070, 423.080, and 423.990; EFFECTIVE January 1, 2020; APPROPRIATION.
Index Headings of Original Version County Clerks - Fees, update, recording official documents
Deeds and Conveyances - Real property interest, allow electronic signatures
Effective Dates, Delayed - Law on Notarial Acts, January 1, 2020
Fees - County clerks, update, recording official documents
Negotiable Instruments - Creation or transfer, allow electronic signature
Notaries - Commissioning, require compliance, notaries public
Secretary of State - Notaries public, commissioning of
Administrative Regulations and Proceedings - Notaries public, registration, promulgation regarding
Appropriations - Affordable housing trust fund, fee for recording real estate mortgage
Local Mandate - Affordable housing trust fund, fee for recording real estate mortgage
Jump to Proposed Amendments Senate Floor Amendment 1
House Floor Amendment 1
Votes Vote History

Actions

Top | Amendments
02/05/19
  • introduced in Senate
02/07/19
  • to Judiciary (S)
02/26/19
  • reported favorably, 1st reading, to Calendar
  • floor amendment (1) filed
02/27/19
  • 2nd reading, to Rules
02/28/19
  • posted for passage in the Regular Orders of the Day for Thursday, February 28, 2019
  • 3rd reading
  • floor amendment (1) defeated
  • passed 25-10
  • received in House
03/01/19
  • to Judiciary (H)
  • posted in committee
03/07/19
  • taken from Judiciary (H)
  • 1st reading
  • returned to Judiciary (H)
03/12/19
  • reported favorably, 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Wednesday, March 13, 2019
  • floor amendment (1) filed
03/13/19
  • floor amendment (1) withdrawn
  • 3rd reading, passed 70-22
  • received in Senate
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
03/25/19
  • signed by Governor (KY Acts ch. 086)

Proposed Amendments

Top | Actions
Amendment Senate Floor Amendment 1
Sponsor S. West
Summary Specify that a remote online notary shall physically be in the same jurisdiction as the signer of an instrument relating to real property within Kentucky that is to be admitted to public record and recorded.
Index Headings Notaries - Real property, instrument to be recorded, remote online notaries, jurisdictional requirement
Property - Real property, instrument to be recorded, remote online notaries, jurisdictional requirement
Real Estate - Real property, instrument to be recorded, remote online notaries, jurisdictional requirement

Amendment House Floor Amendment 1
Sponsor B. Reed
Summary Specify that a remote online notary shall physically be in the same jurisdiction as the signer of an instrument relating to real property within Kentucky that is to be admitted to public record and recorded.
Index Headings Notaries - Real property, instrument to be recorded, remote online notaries, jurisdictional requirement
Property - Real property, instrument to be recorded, remote online notaries, jurisdictional requirement
Real Estate - Real property, instrument to be recorded, remote online notaries, jurisdictional requirement

Last updated: 5/10/2019 10:34 AM (EDT)
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