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MT House Bill 252

Notary Law Update: MT House Bill 252

State: Montana

Summary:

House Bill 252 transfers the duty of storing Notary journals from the county clerks to the Secretary of State.

Signed:  March 30, 2013

Effective:  October 01, 2013

Chapter: TBD

Affects:
Amends Sections 1-5-419 and 1-5-420 of the Montana Code Annotated
 
Changes:
  1. Requires Notaries upon resignation or removal from office, or at the expiration of the Notary’s commission term, if the Notary is not reappointed, or, in the event of the Notary’s death, upon the Notary’s death, the Notary’s personal representative, to deposit the Notary’s journals with the Secretary of State.
  2. Requires the Secretary of State to receive the journals of Notaries and provide attested copies under seal upon request.
  3. Requires county clerks to transfer all Notary journals previously deposited in their offices to the Secretary of State within 60 days of the effective date of the new law.
Analysis:
House Bill 252 transfers the duty of storing Notary journals from the county clerks to
the Secretary of State. Effective October 1, 2013, Notaries will be required to deposit
their journals with the Secretary upon resignation or removal from office, or at the
expiration of their current term if the Notary is not reappointed. If the Notary dies, the
Notary’s personal representative must deposit the journals with the Secretary. The bill
was brought on behalf of the county clerks of Montana who voiced concern over
having to store journals in their offices, and the Secretary of State’s office supported
the bill by stating that having a central place where all journals are stored would better
serve the public who would have need for the information stored in Notary journals.
 

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