Kentucky Senate Bill 114
- creates new sections of KRS Chapter 423 to define various terms;
- limits the applicability of the Act to notarial acts performed on or after January 1, 2020;
- allows a notarial officer to perform a notarial act in Kentucky;
- outlines requirements for certain notarial acts;
- requires a personal or online appearance before a notarial officer;
- specifies the requirements of identifying an individual before a notarial officer;
- allows a notarial officer to refuse to perform a notarial act;
- states who may perform a notarial act in Kentucky;
- recognizes notarial acts performed in other states;
- recognizes notarial acts performed in federally recognized Indian tribes under federal law, and in foreign countries;
- allows a notary public to perform a notarial act by means of communication technology;
- requires a notarial act to be evidenced by a certificate;
- provides short-form certificates for use by notarial officers;
- outlines the requirements for an official stamp of a notary public;
- assigns responsibility of the notary public's stamping device to the notary public;
- requires a notary public to maintain a journal chronicling all notarial acts performed by that notary public;
- requires a notary public to register with the Secretary of State that the notary public will be performing notarial acts with respect to electronic records;
- outlines the necessary requirements to be a notary public;
- outlines grounds for suspending, denying, or revoking a commission as a notary public;
- requires the Secretary of State to maintain an electronic database of notaries public;
- details prohibited acts;
- establishes the validity of notarial acts;
- allows the Secretary of State to promulgate administrative regulations to implement this Act;
- requires all commissions occurring after the effective date of this Act to comply with this Act;
- states that a portion of this Act may be cited as the Uniform Real Property Electronic Recording Act;
- creates 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;
- amends KRS 423.200 to make technical corrections;
- amends 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;
- amends KRS 382.230 to remove reference to KRS 382.140;
- creates a new section of KRS Chapter 382 to provide for the order of priority between physical and electronic documents presented to the county clerk;
- amends KRS 382.200 and 382.280 to make technical corrections;
- amends KRS 64.012 to update fees of county clerks for recording documents;
- amends KRS 382.240 to allow a reimbursement to county clerks for prepayment of postage;
- amends KRS 382.360 to no longer require the county clerk to deliver the original deed of release;
- creates a task force on issues regarding the implementation of this Act; and
- repeals KRS 382.140, 382.190, 423.010, 423.020, 423.030, 423.040, 423.050, 423.060, 423.070, 423.080, and 423.990.
These provisions are effective on January 1, 2020.