Reference is to the bill as introduced.
Amend the bill, as and if amended, by Section 26-1-310, as contained in SECTION 2, by deleting the section in its entirety and inserting:
/ Section 26-1-310. As
used in this this article and Article 5:
(1) 'Electronic' means
relating to technology having electrical, digital, magnetic,
wireless, optical, electromagnetic, or similar capabilities.
(2) 'Electronic
document' or 'electronic record' means information that is
created, generated, sent, communicated, received, or stored by
electronic means.
(3) 'Electronic
journal' means a chronological electronic record maintained by a
notary public of notarial acts performed by the notary
public.
(4) 'Electronic
notarial act' or 'electronic notarization' means a notarial act
authorized under Section 26-1-360 and performed by an electronic
notary public that involves the notary's electronic signature on
an electronic document.
(5) 'Electronic
notarial certificate' means the part of, or attachment to, an
electronic record that is completed by the electronic notary
public, bears the electronic notary's electronic signature and
electronic seal, and states the facts attested to by the
electronic notary in an electronic notarization.
(6) 'Electronic
notarization system' means a set of applications, programs,
hardware, software, or technologies that enable an electronic
notary to perform electronic notarizations.
(7) 'Electronic notary
public' or 'electronic notary' means a notary public who has
registered with the Secretary of State to perform electronic
notarial acts under this article.
(8) 'Electronic seal'
means an electronic image attached to or logically associated
with a notarized electronic document containing information that
includes the electronic notary's name, title, jurisdiction, and
commission expiration date.
(9) 'Electronic
signature' means an electronic sound, symbol, or process
attached to or logically associated with an electronic document
and executed or adopted by a person with the intent to sign the
electronic document.
(10) 'Information'
means data, text, images, sounds, codes, computer programs,
software, database, or the like.
(11) 'Notary's
electronic signature' means an electronic signature in a form
approved by the Secretary of State for an electronic notary to
sign an electronic record that is the subject of a notarial
act.
(12) 'Sole control'
means being at all times in the direct physical custody of a
person or safeguarded by a person with a password or other
secure means of authentication.
(13) 'Tamper-evident'
means rendering any subsequent change or modification to an
electronic record evident. /
Amend the bill further, Section 26-1-410(D), as contained in SECTION 2, by deleting the subsection in its entirety and inserting:
/ (D) Any party to the
notarized transaction or party with a legitimate interest in the
transaction may inspect or request a copy of an entry or entries
in the electronic journal if:
(1)
the party specifies the month, year, type of record, and
name of the individual for whom the notarial act was performed,
in a signed request on a tangible or electronic record;
(2)
the electronic notary does not surrender possession or
control of the electronic journal;
(3)
the party is shown or given a copy of only the entry or
entries specified; and
(4)
a separate new entry is made in the electronic journal,
explaining the circumstances of the request and noting any
related act of copy certification by the electronic notary. /
Amend the bill further, Section 26-1-410(G), as contained in SECTION 2, by deleting the subsection in its entirety and inserting:
/ (G) The Secretary of State shall establish standards for preservation of electronic notarial records in the event of a resignation, revocation, or expiration of an electronic notary commission, or upon the death of an electronic notary. The provisions of this subsection do not apply to a former electronic notary whose commission has expired if he renews his electronic notary commission within three months of expiration. /
Amend the bill further, Section 26-1-560, as contained in SECTION 4, by adding an appropriately lettered subsection at the end to read:
/ ( ) For purposes of
this chapter:
(1)
any requirement that an instrument be signed in the
presence of two subscribing witnesses may be satisfied by
witnesses being present and electronically signing by means of
communication technology, as defined in Section 26-1-510(B)(1);
and
(2)
the act of witnessing an electronic signature is satisfied
if a witness is present either in the physical presence of the
principal or present through audio-visual communication
technology at the time the principal affixes his electronic
signature and sees and hears the principal make a statement
acknowledging that the principal has signed the electronic
record. /
Amend the bill, as and if amended, Section 26-1-580, as contained in SECTION 4, by deleting the Section in its entirety and inserting:
/ Section 26-1-580. (A)
The Secretary of State shall promulgate and
enforce any regulations, policies, and procedures necessary for
the administration of this article.
(B) Regulations adopted
under this section shall:
(1)
prescribe the means of performing remote online notarial
acts;
(2)
establish standards for communication technology,
credential analysis, and identity proofing; and
(3)
establish standards for the retention of audio-visual
recordings created under Section 26-1-570."
Section 26-1-590. No provision of this article may be construed to contravene the laws of this State that require an attorney licensed to practice in this State to supervising a real estate closing."
Amend the bill further by striking SECTION 10 in its entirety and inserting:
/ SECTION 10. This act does not apply to wills, codicils, and trusts in South Carolina. /
Amend the bill further by adding an appropriately numbered SECTION at the end to read:
/ SECTION __. This act takes effect one year after approval by the Governor. Remote and electronic notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State. /
.
Renumber sections to conform.
Amend title to conform.