Bill
Number: S.B. 1226
Brophy
McGee Floor Amendment
Reference
to: COMMERCE Committee amendment
Amendment
drafted by: Laura Benitez
FLOOR
AMENDMENT EXPLANATION
1. Excludes, from the
Arizona Electronic Transactions Act, electronic records and electronic
signatures relating to signing legislative, municipal and county initiatives
and referendums.
2. Reinstates language
deeming an instrument that affects real property to be lawfully recorded if
acknowledged according to statutory requirements, rather than prohibiting a
county recorder from recording the instrument unless acknowledged according to
statutory requirements.
Fifty-fourth Legislature Brophy
McGee
Second
Regular Session S.B. 1226
BROPHY MCGEE FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1226
(Reference to COMMERCE Committee
amendment)
Page 17,
line 14, strike "shall may"
insert "shall"; strike "deemed" insert
"deemed"; strike "by the"
Line 15,
strike "county recorder"
Page 53,
after line 32, insert:
"Sec. 25. Section
44-7003, Arizona Revised Statutes, is amended to read:
START_STATUTE44-7003. Scope
A. Except
as otherwise provided in subsections B and C of this section, this chapter applies
to any electronic record and electronic signature relating to a transaction.
B. For
the purposes of this article and articles 2, 3 and 4 of this chapter, this
chapter does not apply to a transaction to the extent the transaction is
governed by:
1. Title
14 as it relates to the creation and execution of wills, codicils or
testamentary trusts.
2. Title
19, chapter 1 as it relates to the signing of referendum petitions and
initiative petitions.
2. 3. Title 47, other
than title 47, chapters 2 and 2A and section 47‑1306 and as otherwise
provided in section 44‑7016.
C. Article
5 of this chapter applies only to title 10 and transactions governed by title
47, chapters 2, 2A and 7.
D. This
chapter applies to an electronic record or electronic signature otherwise
excluded from the application of this chapter under subsection B or C of this
section to the extent the record or signature is governed by a law other than
those laws described in subsection B or C of this section.
E. Any
transaction subject to this chapter is also subject to any other applicable
substantive law."END_STATUTE
Amend title to conform