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Uniform Act amendment added; committee approves do-pass on electronic estate-planning signatures
Summary
The committee approved an amendment requiring notarization of certain planning documents and issued a do-pass recommendation on Senate Bill 21-27, which addresses electronic signatures and estate-planning records.
The House Judiciary Committee approved an amendment and recommended Senate Bill 21-27, a Uniform Act measure addressing electronic and non-testamentary estate-planning documents.
The committee adopted an amendment to require that a paper copy of a planning document "affirming under penalty of perjury" also be signed "before a notary public," clarifying recorder concerns about accepting nonnotarized filings. "That seemed to satisfy everybody," a committee member said when presenting the amendment.
The amendment, moved and seconded in committee, passed on a roll-call vote, 11–0. After amendment approval, Representative Wolfe moved a do-pass recommendation as amended; Representative McCloud seconded. The committee voted 11–0 to give the bill a do-pass recommendation and named Representative McLeod as bill carrier.
Lawmakers said the change was intended to remove uncertainty among county recorders who had worried they could be asked to record documents that lacked the traditional notarial attestation. The amendment inserts the words "before a notary public" after the penalty-of-perjury affirmation language to make requirements consistent with existing recording practice.
No fiscal notes or implementation complications were recorded in committee discussion; committee members described the amendment as noncontroversial.
