[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1458 Received in Senate (RDS)]
109th CONGRESS
2d Session
H. R. 1458
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 7, 2006
Received
_______________________________________________________________________
AN ACT
To require any Federal or State court to recognize any notarization
made by a notary public licensed by a State other than the State where
the court is located when such notarization occurs in or affects
interstate commerce.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RECOGNITION OF NOTARIZATIONS IN FEDERAL COURTS.
Each Federal court shall recognize any lawful notarization made by
a notary public licensed or commissioned under the laws of a State
other than the State where the Federal court is located if--
(1) such notarization occurs in or affects interstate
commerce; and
(2)(A) a seal of office, as symbol of the notary public's
authority, is used in the notarization; or
(B) in the case of an electronic record, the seal
information is securely attached to, or logically associated
with, the electronic record so as to render the record tamper-
resistant.
SEC. 2. RECOGNITION OF NOTARIZATIONS IN STATE COURTS.
Each court that operates under the jurisdiction of a State shall
recognize any lawful notarization made by a notary public licensed or
commissioned under the laws of a State other than the State where the
court is located if--
(1) such notarization occurs in or affects interstate
commerce; and
(2)(A) a seal of office, as symbol of the notary public's
authority, is used in the notarization; or
(B) in the case of an electronic record, the seal
information is securely attached to, or logically associated
with, the electronic record so as to render the record tamper-
resistant.
SEC. 3. DEFINITIONS.
In this Act:
(1) Electronic record.--The term ``electronic record'' has
the meaning given that term in section 106 of the Electronic
Signatures in Global and National Commerce Act (15 U.S.C.
7006).
(2) Logically associated with.--Seal information is
``logically associated with'' an electronic record if the seal
information is securely bound to the electronic record in such
a manner as to make it impracticable to falsify or alter,
without detection, either the record or the seal information.
Passed the House of Representatives December 6, 2006.
Attest:
KAREN L. HAAS,
Clerk.