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H.B. No. 0036 |
Notaries. |
Sponsored By: Representative(s) Gingery, Brown, Buchanan,
Illoway and Petersen and Senator(s) Dockstader, Hastert and Massie
AN ACT relating to notaries, notarial
officers and notarial acts; amending the Wyoming Uniform Law on Notarial Acts;
amending and repealing laws on notaries public; adopting provisions of the
Model Notary Act; amending notary related statutes; specifying a means to
satisfy acknowledgements; and providing for an effective date.
1/19/2010 Bill
Number Assigned
2/8/2010 H
Received for Introduction
2/9/2010 H
Introduced and Referred to H01
ROLL
CALL
Ayes: Representative(s) Anderson, R., Bagby,
Barbuto, Berger, Blake, Blikre, Bonner, Brown, Buchanan, Byrd, Cannady, Carson,
Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K.,
Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey, Illoway, Jaggi,
Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Miller,
Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Quarberg, Roscoe, Semlek,
Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis and
Zwonitzer, Dn.
Nays: Representative(s) Brechtel and Zwonitzer, Dv.
Excused: Representative(s) Hallinan and Philp
Ayes 56 Nays
2 Excused 2 Absent 0 Conflicts
0
2/10/2010 H01
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Representative(s) Bagby, Barbuto, Blikre,
Cannady, Gingery, Patton, Peasley, Quarberg and Throne
Ayes 9 Nays
0 Excused 0 Absent 0 Conflicts
0
2/10/2010 H Placed on General File
HB0036HS001/ADOPTED (CORRECTED COPY)
Page
5-line 15 After ";"
insert "or".
Page 5-line 19 Delete "; or" insert
".".
Page 5-lines 21 through 23 Delete entirely.
Page 12-lines 18 through 20 Delete entirely.
Page 12-line 22 Delete "(c)" insert "(b)". GINGERY,
CHAIRMAN
2/12/2010 H Passed CoW
HB0036H2001/ADOPTED
Page 1-line 5 After "statutes;" insert
"specifying a means to satisfy acknowledgements;".
Page 13-line 10 After "(xxii)" insert
"and by creating a new subsection (c)".
Page 22-line 23 After "definitions" insert ";
acknowledgements".
Page 31-after line 7 Insert:
(c)
A properly executed jurat satisfies any requirement for an
acknowledgement.". BROWN
2/15/2010 H Passed 2nd
2/16/2010 H Passed 3rd
ROLL
CALL
Ayes: Representative(s) Anderson, R., Bagby,
Barbuto, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady,
Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel,
K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey, Illoway,
Jaggi, Kimble, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Miller, Millin,
Moniz, Patton, Pedersen, Petersen, Quarberg, Roscoe, Semlek, Shepperson,
Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn.
and Zwonitzer, Dv.
Nays: Representative(s) Berger and Peasley
Excused: Representative(s) Hallinan, Jorgensen and
Philp
Ayes 55 Nays
2 Excused 3 Absent 0 Conflicts
0
2/17/2010 S
Received for Introduction
2/17/2010 S
Introduced and Referred to S01
2/26/2010 S01
Recommended Do Pass
ROLL
CALL
Ayes: Senator(s) Burns, Meyer, Perkins, Ross and
Sessions
Ayes 5 Nays
0 Excused 0 Absent 0 Conflicts
0
2/26/2010 S
Placed on General File
3/1/2010 S
Passed CoW
3/2/2010 Amendment
Failed
HB0036S2001/FAILED (TO ENGROSSED COPY)
Page 5-line 17 Delete and insert "the notarial
officer's customary fee for notarial services".
Page 9-line 23 After "charge" delete
balance of line and insert "a reasonable fee".
Page 9-line 24 Delete through "maximum
fee".
Page 10-lines 2 through 23 Delete and renumber.
Page 11-lines 1 through 14 Delete.
Page 11-line 19 Delete "specified in W.S.
34-26-302" insert "authorized by W.S. 34-26-301".
Page 12-line 3 After "fees" insert
","; delete "paid in".
Page 12-line 4 Delete through
"34-26-302(b),".
Page 17-line 14 Delete "34-26-304" insert "34-26-303".
Page 30-line 24 Delete "34-26-304" insert "34-26-303". BURNS
3/2/2010 S Passed 2nd
HB0036S3001.01/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 1-line 10 Delete "34-26-208" insert
"34-26-207".
Page 2-line 9 After "notarization" insert
"or is not personally known to the notorial officer who confirms through a
telephone conference that the principal signed the document".
Page 6-lines 4 through 22 Delete and renumber.
Page 7-lines 1 through 8 Delete.
Page 13-lines 2 and 3 Delete and insert "34-26-101(b)(iii),
(iv) and by creating new paragraphs (vii) through (xxi) and by creating a new
subsection (c),".
Page 22-lines 21 through 24 Delete.
Page 23-lines 1 through 19 Delete.
Page 25-lines 10 and 11 Delete and renumber.
Page 25-lines 21 through 24 Delete and renumber.
Page 26-lines 21 and 22 Delete and renumber.
Page 27-lines 22 and 23 Delete and renumber.
Page 28-line 12 After "time"
insert "or any other reasonable corroboration".
Page 34-line 23 After "that"
insert ":" and delete balance
of line.
Page 34-line 24 Delete and insert:
"(i) If
the instrument to which the certificate is affixed was executed by natural
persons acting in their own right, that such person or persons personally
appeared before the notorial officer, were known to the officer to be the
person or persons described in and who executed such instrument, and that the
person or persons acknowledged that the document was acknowledged freely and
voluntarily;
(ii) If
the instrument to which the certificate is affixed was executed by an
attorney-in-fact acting for a natural person, that the attorney personally
appeared before the notorial officer, was known by the officer to be the party
who executed the instrument on behalf of the natural person and that the
attorney acknowledged that the instrument was executed and acknowledged as the
free and voluntary act of the natural person;
(iii) If
the instrument to which the certificate is affixed was executed by a
corporation or other entity which is not a natural person, that the president
or other official who signed the instrument on behalf of the entity appeared
before and was personally known to the officer making the certificate and was
duly sworn and upon oath represented that the person was the president or other
officer or agent of the corporation or entity, that the seal affixed to the
instrument is the corporate seal of the corporation or entity, that the
instrument was signed and sealed on behalf of the corporation or entity by the
authority of the board of directors or trustees thereof and that the officer
who executed the instrument acknowledged the instrument to be the free act and
deed of the corporation or entity. If
the corporation or entity does not have a corporate seal, a recital of that
fact shall be inserted at the end of the certificate by the notorial officer.".
Page 35-lines 1 through 4 Delete.
NICHOLAS
HB0036S3001.02/FAILED (TO ENGROSSED COPY)
Page 8-lines 6 through 8 Delete and renumber.
Page 8-line 14 Delete "presence" insert
"place of business".
Page 8-line 19 Delete ":"
Page 8-line 21 Delete.
Page 8-line 23 Delete "(ii)". NICHOLAS
3/3/2010 S Failed 3rd
ROLL
CALL
Ayes: Senator(s) Burns, Dockstader, Elliott,
Esquibel, F., Geis, Hastert, Hunnicutt, Larson, Martin, Massie, Meyer,
Schiffer, Sessions and Von Flatern
Nays: Senator(s)
Ayes 14 Nays
16 Excused 0 Absent 0 Conflicts
0