Update on Idaho Notary Bill
A contentious battle has commenced in Idaho regarding a new law to set forthcoming rules for notaries in the state. The notary law passed out of committee last week after a long debate. Among the topics brought up against the bill were unstable foreign countries, the Hague Convention and the UCC.
The bill looks to modernize the rules for notaries in the state. It recognizes the use of electronic signatures and other technological advancements that are becoming staples in the field.
Notaries don’t need to fret, yet, you will still be required to be at the signings.
The update recognizes the use of electronic signatures and electronic document transfer, but doesn’t allow remote notarizing; a notary still would have to see a person sign a document in order to certify that it was that person who signed it. It replaces current law with a Revised Uniform Law on Notarial Acts. — The Spokesman Review— The Spokesman Review
According to Jeff Harvey, the bill was crafted over the last year by agents from the Idaho Bankers Association, Idaho County Clerks, the Idaho Title Land Association and the Secretary of State’s office.
This all led to the Idaho house grinding to a halt on Monday, as lawmakers against the bill forced an hour long reading of the 21 page bill.
Opposition to the bill again referenced international treaties, but states are allowed to choose on their own if they want to comply with them.
Rep. Jason Monks, R-Meridian, spoke in favor of the bill, saying he looked into how it actually was drafted, and it was worked over “line by line” by many groups in Idaho, from the Idaho Bankers Association to the Idaho Secretary of State’s office. “These are Idaho individuals who helped put this bill together to make sure we could transfer properties easier when we’re dealing with people from out of state,” he said. “What this allows us to do is do some electronic transfers … so we can speed up the pace of business.” — The Spokesman Review— The Spokesman Review
The motion from the house that led to the reading of the bill and debate lasted for more than two hours.
All of the commotion seemed to overshadow the bill itself, which has not met a final determination. It would still have to pass the Idaho Senate and be signed by the governor to become law. But, it seems, the Idaho House of Representatives is where the real battle is taking place.
Here is a link to the full text of the Idaho Notary Bill.
Addendum: If you are an Idaho notary you may want to learn more about the Shasta Signing, as it has been a big issue in the state. We also have a follow up to clear the air on the Shasta Signing.
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