Bill
Number: H.B. 2645
Petersen Floor Amendment
Reference
to: Judiciary
Committee amendment
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Increases, from $25 to
$1,000, the civil penalty for a notary public who fails to notify the Secretary
of State of the loss, theft or compromise of an official journal or stamping
device.
2. Allows the failure of
payment by a notary public to be referred to the Attorney General for
collection.
3. Requires the court, in
an action in which the validity of a notarized document is at issue and it is
determined that the notary public did not comply with outlined requirements, to
provide notice of such finding to the Secretary of State and the appropriate
county attorney.
4. Modifies criteria for
determining when a presumption must or must not be given to the validity of the
identity of a party who signed a notarized instrument, if the official journal
of a notary public has been lost, stolen, compromised or never existed.
5. Makes technical changes.
Fifty-fifth Legislature Petersen
Second
Regular Session H.B. 2645
PETERSEN FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2645
(Reference to JUDICIARY Committee
amendment)
Page
1, line 17, strike "and" insert ". If the notary
public failed to comply with subsection A of this section,"
Line
18, after the period insert "If the notary public failed to
comply with subsection B of this section, the secretary of state shall impose a
civil penalty of $1,000 against the notary."
Line
20, after the period insert "Failure to pay a penalty may
be referred to the attorney general for collection."
Line
22, strike "and" insert a comma
Line
23, strike "or never existed, no" insert "and the notary complied with this section, a"
Page
2, line 1, after "instrument" insert a period
strike remainder of line
Strike
line 2
Line
3, strike "journal contained a record of"
insert "If it is determined that the official journal never
existed or that the notary public failed to comply with this section, no
presumption shall apply that"
Line
4, after "question" strike remainder of line
Strike
lines 5 and 6, insert "is valid.
E. In an action in which the validity of a
notarized document is at issue and it is determined that the notary public did
not comply with this section, the court shall provide notice of such findings
to the secretary of state and the county attorney for the county in which the
violation occurred."
Amend title to conform