SENATE BILL NO. 450

INTRODUCED BY J. LYNCH

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING NOTARY PUBLIC LAWS; REQUIRING CERTIFICATION OF TRAINING; SPECIFYING LOG ENTRIES FOR EACH NOTARIAL ACT; PROHIBITING A NOTARIAL ACT FOR AN IMMEDIATE FAMILY MEMBER OF THE NOTARY PUBLIC; REVISING FEES PAID TO A NOTARY PUBLIC; SPECIFYING ALLOWABLE IDENTIFICATION DOCUMENTS; AND AMENDING SECTIONS 1-5-402, 1-5-416, 1-5-418, AND 1-5-603, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 1-5-402, MCA, is amended to read:

"1-5-402. Qualifications -- residence. (1) A person appointed as notary public may not, at the time of appointment, be a convicted felon. Each person appointed as a notary public must be a citizen of the United States and of the state of Montana for at least 1 year preceding appointment and must continue to reside within the state of Montana. Removal from the state or conviction of a felony vacates the office and is equivalent to resignation.

(2) A person applying for the first time for an appointment as a notary public shall present written proof of satisfactory completion within the previous 6 months of a formal course of study on the practices of notarization that consisted of not less than 3 hours of classroom instruction."

Section 2. Section 1-5-416, MCA, is amended to read:

"1-5-416. Powers and duties -- prohibited acts. (1) A notary public shall:

(a) subject to subsection (2), take the acknowledgment or proof of any power of attorney, mortgage, deed, grant, transfer, or other instrument executed by any person and give a certificate of the proof or acknowledgment, endorsed on or attached to the instrument;

(b) take depositions and affidavits and administer oaths and affirmations in all matters incident to the duties of the notary public's office or to be used before any court, judge, officer, or board in this state;

(c) whenever requested and upon payment of the required fees, make and give a certified copy of any record in the notary public's office;

(d) provide and keep an official seal, upon which must be engraved the name of the state of Montana and the words "Notarial Seal", with the surname of the notary public and at least the initials of the notary public's given name;

(e) authenticate with the notary public's official seal all official acts. Whenever the notary public signs officially as a notary public, the notary public shall add to the signature the words "Notary Public for the State of Montana, residing at.... (stating the name of the notary public's post office)" and shall endorse upon the instrument the date of the expiration of the notary public's commission.

(f) for each notarial act performed, enter into a bound record book the following:

(i) the type, date, and time of the act;

(ii) the title or type and date of the document or proceeding notarized;

(iii) the signature, printed name, and address of each person whose signature was notarized and how the signer's identity was verified; and

(iv) the signature, printed name, and address of each witness and how the signer's identity was verified.

(2) The notary public may not:

(a) notarize the notary's own signature;

(b) perform a notarial act for an immediate family member, including a spouse, son, daughter, mother, father, sister, or brother of the notary public."

Section 3. Section 1-5-418, MCA, is amended to read:

"1-5-418. Fees of notaries. Fees of notaries public are as follows:

(1) for drawing an affidavit, deposition, or other paper for which provision is not made, $5 a page;

(2) for taking an acknowledgment or proof of a deed or other instrument, to include the seal and the writing of the certificate, for the first signature, $5;

(3) for each additional signature, $5;

(4) for administering an oath or affirmation, $5;

(5) for certifying an affidavit, with or without seal, including oath, $5."

Section 4. Section 1-5-603, MCA, is amended to read:

"1-5-603. Notarial acts -- identifying signers. (1) In taking an acknowledgment, the notarial officer shall determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument.

(2) In taking a verification upon oath or affirmation, the notarial officer shall determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the verification is the person whose true signature is on the statement verified.

(3) In witnessing or attesting a signature, the notarial officer shall determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the officer and named in the instrument.

(4) In certifying or attesting a copy of a document or other item, the notarial officer shall determine that the proffered copy is a full, true, and accurate transcription or reproduction of that which was copied.

(5) (a) In making or noting a protest of a negotiable instrument, the notarial officer shall identify the instrument and certify either:

(i) that due presentment has been made; or

(ii) the reason why it is excused and that the instrument has been dishonored by nonacceptance or nonpayment.

(b) The protest may also certify that notice of dishonor has been given to all parties or to specified parties.

(6) A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document if that person is:

(a) personally known to the notarial officer;

(b) identified upon the oath or affirmation of a credible witness personally known to the notarial officer; or

(c) identified on the basis of identification documents issued by a federal or state government that include the individual's photograph and signature."

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