| 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 |
Acts Chapter 86
Current/Final Introduced |
| Fiscal Impact Statement | 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 |
| 02/05/19 |
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| 02/07/19 |
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| 02/26/19 |
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| 02/27/19 |
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| 02/28/19 |
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| 03/01/19 |
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| 03/07/19 |
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| 03/12/19 |
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| 03/13/19 |
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| 03/25/19 |
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| 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: 11/9/2023 3:07 PM (EST)