[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3808 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 3808


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                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2010

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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. SHORT TITLE.

    This Act may be cited as the ``Interstate Recognition of 
Notarizations Act of 2010''.

SEC. 2. 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. 3. 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. 4. 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 April 27, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.