§ 1-5-618 — Audiovisual Recordings -- Notary Public Journal -- Security And Retention

1-5-618 . Audiovisual recordings -- notary public journal -- security and retention. (1) (a) If a notarial act is performed using communication technology, the notarial officer shall make an audiovisual recording of the entire communication.
(b) Except as provided in subsection (1)(d)(ii), a notarial officer must keep sole possession of an audiovisual recording.
(c) (i) A notarial officer shall allow a person to inspect or obtain a copy of an audiovisual recording if:
(A) the requester specifies the month, year, type of record, and name of the principal for the notarial act, in a signed tangible or electronic request;
(B) the notarial officer does not surrender possession or control of the original recording;
(C) the requester is shown or given a copy of only the recording specified; and
(D) the notarial officer is satisfied that the requester has reasonable purpose directly relating to the notarization.
(ii) A recording may be examined and copied without restriction by a law enforcement officer in the course of an official investigation, subpoenaed by court order, or surrendered at the direction of the secretary of state.
(d) (i) Except as provided in subsection (1)(d)(ii), a notarial officer shall retain an audiovisual recording for 10 years from the date of the recording.
(ii) A current or former notarial officer may transmit the audiovisual recording to a repository approved by the secretary of state.
(2) (a) A notary public shall maintain one or more journals in which the notary public chronicles all notarial acts that the notary public performs.
(b) A journal may be created on a tangible medium or in an electronic format to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records. The format of a journal maintained on a tangible medium must be a permanent, bound register designed to deter fraud. A journal maintained in an electronic format must be in a permanent, tamper-evident electronic format that complies with the rules adopted by the secretary of state.
(3) An entry in a journal must be made contemporaneously with performance of the notarial act and contain:
(a) the date and time of the notarial act;
(b) a description of the record,including the date of the record if indicated, and the type of notarial act;
(c) the full name and address of each principal;
(d) the signature of each principal, except:
(i) transcripts of depositions and certified copies do not require the signature of the individual for whom the notarial act is performed; and
(ii) if the notarial act is performed using communication technology, the journal record must reference the storage location of the audiovisual recording in lieu of the signature of the principal;
(e) if the identity of the principal is based on personal knowledge, a statement to that effect;
(f) if the identity of the principal is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance or expiration of any identification credential;
(g) if the notarial act is performed using an electronic notarization system or communication technology, or both, a notation identifying the system or technology, or both; and
(h) the fee, if any, charged by the notary public.
(4) A notary public may not record in the journal a social security number, passport number, driver's license number, birth date, or any other information prohibited by the secretary of state. A notary public may include other information descriptive of the record, including the number of pages in a document, whether the document was written in a foreign language, or other information pertaining to the record that is not otherwise prohibited by law or rule.
(5) (a) Except as provided in subsection (9)(b), a notary public shall keep sole control of the journal and all other notarial records and surrender or destroy them only as authorized by law or rule, by court order, or at the direction of the secretary of state.
(b) A notary public may not allow the notary's journal to be used by any other notary and may not surrender the journal to an employer upon termination of employment without the approval of the secretary of state. An employer may retain a copy of the journal of an employee who is a notary after the notary's employment ceases if the journal contains records of notarial acts performed within the scope of the notary's employment.
(6) (a) Any person may inspect or obtain a copy of an entry in a notary public's journal if:
(i) the person specifies in a signed tangible or electronic request the month, year, type of record, and name of the principal;
(ii) the notary public does not surrender possession or control of the journal;
(iii) the person is shown or given a copy of only the entry specified; and
(iv) the notary is satisfied that a person requesting the inspection or copy does not have a criminal or other illegal purpose for inspecting the entry or obtaining the copy.
(b) A journal may be examined and copied without restriction:
(i) by a law enforcement officer in the course of an official investigation;
(ii) if subpoenaed by court order; or
(iii) at the direction of the secretary of state.
(7) A notary public shall promptly notify the secretary of state on discovering that the notary public's journal is lost or stolen.
(8) A notary public shall notify the secretary of state of the journal's location upon resignation of a commission or if the notary public's commission has been revoked or suspended.
(9) (a) Except as provided in subsection (9)(b), a notary public shall retain a journal for 10 years after the performance of the last notarial act chronicled in the journal.
(b) A former notary public may transmit the journal to a repository approved by the secretary of state.
(10) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the notary public's journal or audiovisual recordings shall transmit all journals and recordings to a repository approved by the secretary of state.
(11) Upon revocation of a notary public's commission, the notary shall transmit the notary's journal and audiovisual recordings to a repository approved by the secretary of state.
(12) If Montana supreme court rules governing conduct by members of the bar, including the rules of professional conduct and ethics opinions, prohibit compliance by an attorney licensed by the supreme court with any provision of this section, that provision does not apply to the attorney.

Legislative History

En. Sec. 15, Ch. 391, L. 2015; amd. Sec. 8, Ch. 123, L. 2019.