Amendments for HB19-1167
House Journal, February 15
33 HB19-1167 be amended as follows, and as so amended, be referred to
34 the Committee on Finance with favorable
35 recommendation:
36
37 Amend printed bill, page 9, strike lines 12 through 27.
38
39 Strike pages 10 and 11.
40
41 Page 12, strike lines 1 through 16.
42
43 Renumber succeeding subsections accordingly.
44
45 Page 12, line 27, strike "(10)" and substitute "(9)".
46
47 Page 13, line 2, strike "(10)(b)," and substitute "(9)(b),".
48
49 Page 14, strike lines 18 through 25 and substitute:
50
51 "(11) THE OPERATOR OF A REMOTE NOTARIZATION SYSTEM OR
52 OTHER PROVIDER OF TECHNOLOGY OR STORAGE FOR AN AUDIO-VIDEO
53 RECORDING CREATED UNDER SUBSECTION (9) OF THIS SECTION SHALL BE
54 DEEMED TO BE TRANSACTING BUSINESS IN THIS STATE AND, IF A FOREIGN
55 ENTITY, SHALL APPOINT AND MAINTAIN A REGISTERED AGENT, IN
1 ACCORDANCE WITH SECTION 7-90-701, WITH AUTHORITY TO ACCEPT
2 SERVICE OF PROCESS IN CONNECTION WITH A CIVIL ACTION OR OTHER
3 PROCEEDING THAT INVOLVES ISSUES RELATING TO THE AUDIO-VIDEO
4 RECORDING.".
5
6 Page 16, line 4, after "NOR" insert "THE OPERATOR OF".
7
8 Page 16, line 7, strike "(10)" and substitute "(9)".
9
10 Page 17, strike lines 14 through 22 and substitute "applicability. (1) This
11 act takes effect January 1, 2021; except that, if a referendum petition is
12 filed pursuant to section 1 (3) of article V of the state constitution against
13 this act or an item, section, or part of this act within the ninety-day period
14 after final adjournment of the general assembly, then the act, item,
15 section, or part will not take effect unless approved by the people at the
16 general election to be held in November 2020 and, in such case, will take
17 effect January 1, 2021, or on the date of the official declaration of the
18 vote thereon by the governor, whichever is later.".
House Journal, March 5
35 HB19-1167 be amended as follows, and as so amended, be referred to
36 the Committee on Appropriations with favorable
37 recommendation:
38
39 Amend printed bill, page 4, strikes lines 13 through 27.
40
41 Page 5, strike line 1 and substitute:
42
43 "(e) (I) "PERSONAL INFORMATION" MEANS PERSONAL IDENTIFYING
44 INFORMATION AS DEFINED IN SECTION 6-1-713 (2)(b).".
45
46 Page 16, line 9, strike "NOTARIAL ACT" and substitute "REMOTE
47 NOTARIZATION".
48
49 Page 16, strike lines 12 and 13 and substitute "OR PROCESS A
50 TRANSACTION OF WHICH THE ELECTRONIC RECORD TO WHICH THE REMOTE
51 NOTARIZATION RELATES IS AN INTEGRAL PART.".
52
53 Page 16, line 15, after "WHEN" insert "AND TO THE EXTENT".
54
55 Page 16, line 16, strike everything after "WITH".
1 Page 16, line 17, strike everything before "RESPONDING" and substitute
2 "THE REQUIREMENTS OF THIS PART 5 OR OTHER OBLIGATIONS IMPOSED BY
3 APPLICABLE STATE OR FEDERAL LAW, OR".
4
5
House Journal, April 2
1 Amendment No. 1, State, Veterans, & Military Affairs Report, dated
2 February 14, 2019, and placed in member's bill file; Report also printed
3 in House Journal, February 14, 2019.
4
5 Amendment No. 2, Finance Report, dated March 4, 2019, and placed in
6 member's bill file; Report also printed in House Journal, March 5, 2019.
7
8 Amendment No. 3, by Representative(s) Carver.
9
10 Amend the Finance Committee Report, dated March 4, 2019, page 1,
11 after line 4 insert:
12
13 "Page 5 of the bill, strike lines 9 and 10 and substitute:
14 "(g) "REMOTE NOTARIZATION SYSTEM" MEANS AN ELECTRONIC
15 DEVICE OR PROCESS THAT:
16 (I) ALLOWS A NOTARY PUBLIC AND A REMOTELY LOCATED
17 INDIVIDUAL TO COMMUNICATE WITH EACH OTHER SIMULTANEOUSLY BY
18 SIGHT AND SOUND; AND
19 (II) WHEN NECESSARY AND CONSISTENT WITH OTHER APPLICABLE
20 LAW, FACILITATES COMMUNICATION WITH A REMOTELY LOCATED
21 INDIVIDUAL WHO HAS A VISION, HEARING, OR SPEECH IMPAIRMENT.".
22
23 Page 5 of the bill, after line 17 insert:
24 "(i) "REMOTELY LOCATED INDIVIDUAL" MEANS AN INDIVIDUAL
25 WHO IS NOT IN THE PHYSICAL PRESENCE OF THE NOTARY PUBLIC WHO
26 PERFORMS A NOTARIAL ACT UNDER THIS SECTION.".".
27
28 Page 1, strike lines 8 and 9 and substitute "NOTARIZED DOCUMENT FOR ITS
29 INTENDED PURPOSE.".".
30
31 Page 1, lines 13 and 14, strike "OBLIGATIONS IMPOSED BY APPLICABLE
32 STATE" and substitute "LOCAL GOVERNMENT, STATE,".
33
34 Page 1, after line 14 insert:
35
36 "Strike "ANOTHER INDIVIDUAL" and substitute "A REMOTELY LOCATED
37 INDIVIDUAL" on: Page 3 of the bill, lines 15 and 24.
38
39 Strike "THE INDIVIDUAL" and substitute "THE REMOTELY LOCATED
40 INDIVIDUAL" on: Page 4 of the bill, line 6; Page 5, lines 15 and 27; Page
41 6, lines 1 and 2; Page 7, lines 8, 19, 23 and 24, and 27; Page 8, lines 6,
42 10, 14, 16, and 20; Page 12, lines 19 and 22; Page 13, lines 15, 18, 20,
43 and 22, 24 and 25, 25 and 26, and 27; Page 14, lines 6, 7, and 13; and
44 Page 15, line 26.
45
46 Strike "AN INDIVIDUAL" and substitute "A REMOTELY LOCATED
47 INDIVIDUAL" on: Page 5, lines 7 and 21 and 22; and Page 7, lines 2 and
48 3.".
49
50 Amendment No. 4, by Representative(s) Melton.
51
52 Amend the State, Veterans, and Military Affairs Committee Report, dated
53 February 14, 2019, page 1, strike line 17.
54
55 Page 2, strike line 1 and substitute:
56
1 "Page 16 of the bill, strike lines 3 through 7 and substitute:
2
3 "24-21-525. Prohibited acts. (8) (a) A PERSON THAT
4 PARTICIPATES IN A REMOTE NOTARIZATION IN ANY CAPACITY, INCLUDING
5 THE INDIVIDUAL, THE NOTARY PUBLIC, FINANCIAL INSTITUTIONS, REAL
6 ESTATE AGENTS, REALTY BUSINESSES, MORTGAGE INSURANCE COMPANIES,
7 TITLE INSURANCE COMPANIES, TITLE COMPANIES, ATTORNEYS, LAW FIRMS,
8 AND COUNTY GOVERNMENTS, MUNICIPAL GOVERNMENTS, SPECIAL
9 DISTRICTS, AND A REMOTE NOTARIZATION SYSTEM OR OTHER PROVIDER OF
10 AN AUDIO-VIDEO COMMUNICATION TECHNOLOGY, IDENTITY PROOFING
11 TECHNOLOGY, OR STORAGE OF AN AUDIO-VIDEO RECORDING CREATED
12 UNDER SECTION 24-21-514.5 (9), SHALL NOT SELL, OFFER FOR SALE, USE,
13 OR".
14
15 As amended, ordered engrossed and placed on the Calendar for Third
16 Reading and Final Passage.
17
Senate Journal, April 18
After consideration on the merits, the Committee recommends that HB19-1167 be
amended as follows, and as so amended, be referred to the Committee on Finance with
favorable recommendation.
Amend reengrossed bill, page 10, strike lines 4 through 9 and substitute
"INCLUDE ANY OTHER INFORMATION. THE".