Committee backs notary amendments requiring journals, clarifying remote notarization rules

The committee voted to pass Senate Bill 139 (second substitute) with a favorable recommendation after sponsor presentation and questions.

The sponsor said the bill, effective May 6, 2026, will require all new and renewing notaries to keep a journal of notarial acts (phased in to avoid disrupting current commissions) while exempting employees of law firms and title companies. The bill also clarifies identification requirements — generally requiring unexpired ID but providing alternative verification (credible witness or personal knowledge) for certain residents, such as nursing home residents whose IDs have expired.

Representative Cutler and others asked how remote online notarization records and journals interact. Abby Montgomery, public records specialist at the Lieutenant Governor’s office, explained remote notarizations must be recorded and those recordings are retained (she said for the same period as journals, 10 years) but are kept separate from the journal and are not required to be presented for inspection; the journal itself can be inspected if requested.

Representative McPherson moved the bill favorably; the committee approved the motion by voice vote.

Sponsor and staff said the bill follows national best practices and aims to improve transparency and investigative ability for complaints about notarial actions without imposing unnecessary burdens on common commercial notaries.