Chapter 0025 - 471R - S Ver of SB1020

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 41-311, Arizona Revised Statutes, is amended to read:

START_STATUTE41-311. Definitions

In this article, unless the context otherwise requires:

1. "Acknowledgment" means a notarial act in which a notary certifies that a signer, whose identity is proven by satisfactory evidence, appeared before the notary and acknowledged that the signer signed the document.

2. "Commission" means to authorize to perform notarial acts and the written authority to perform those acts.

3. "Copy certification" means a notarial act in which the notary certifies that the notary has made a photocopy of an original document that is neither a public record nor publicly recordable.

4. "Identity is personally known" means familiarity with an individual resulting from interactions with that person over a sufficient time to eliminate reasonable doubt that the individual has the identity claimed.

5. "Incomplete document" means a document that has not been signed where a signature line is provided or where other obvious blanks appear in the document or that lacks a notarial certificate.

6. "Jurat" means a notarial act in which the notary certifies that a signer, whose identity is proven by satisfactory evidence, has made in the notary's presence a voluntary signature and has taken an oath or affirmation vouching for the truthfulness of the signed document.

7. "Notarial act" or "notarization" means any act that a notary is authorized to perform under section 41‑313.

8. "Notarial certificate" or "certificate" means the part of or attachment to a notarized document for completion by the notary that bears the notary's signature and seal and states the facts that are attested by the notary in a particular notarization.

9. "Notary public" or "notary" means any person commissioned to perform notarial acts under this article.

10. "Oath" or "affirmation" means a notarial act or part of a notarial act in which a person made a vow in the presence of the notary under penalty of perjury, with reference made to a supreme being in the case of an oath.

11. "Satisfactory evidence of identity" means that proof is evidenced by one of the following:

(a) At least one current form of identification issued by the United States government or a state or tribal government with the individual's photograph, signature and physical description. The individual's physical description contained in the form of identification shall be written and shall include at a minimum a description of the individual's height, weight, color of hair and color of eyes.

(b) The oath or affirmation of a credible person who is personally known to the notary and who personally knows the individual.

(c) The oath or affirmation of a credible person who personally knows the individual and who provides satisfactory evidence of identity pursuant to subdivision (a) of this paragraph.

(d) Personal knowledge of the individual by the notary.

(e) For the purposes of a real estate conveyance or financing, a valid unexpired passport that is issued by the United States government or any other national government. A passport issued by a national government other than the United States government must be accompanied by a valid visa or other documentation issued by the United States government necessary to establish an individual's legal presence in the United States. END_STATUTE

Sec. 2. Section 41-351, Arizona Revised Statutes, is amended to read:

START_STATUTE41-351. Definitions

In this article, unless the context otherwise requires:

1. "Approved time stamp provider" means a person or organization recognized by the secretary of state as capable of reliably providing time stamp services on notary service electronic documents.

2. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

3. "Electronic acknowledgment" means a notarial act in which an electronic notary electronically certifies that the signer, whose identity is proven by satisfactory evidence, either:

(a) Appeared before the electronic notary and acknowledged that the signer executed the instrument.

(b) Provided secure electronic acknowledgment that the signer executed the electronic instrument presented to the electronic notary.

4. "Electronic commission" means the written authority to perform electronic notarization acts.

5. "Electronic document" means any record created, generated, sent, communicated, received or stored by electronic means.

6. "Electronic jurat" means an electronic notarial act in which the electronic notary certifies that a signer, whose identity is proven by satisfactory evidence, has made in the electronic notary’s presence a voluntary electronic signature or mark and has taken an oath or affirmation vouching for the truthfulness of the signed electronic document.

7. "Electronic notary public" or "electronic notary" means any person commissioned to perform notarial acts under this article.

8. "Electronic notary token" means the electronic attachment to a notarized electronic document that is attached by the electronic notary and that contains the notary’s electronic signature. The electronic notary token is linked to the electronic document to which it relates in a manner so that if the document is changed the electronic notary token is invalidated.

9. "Electronic signature" means an electronic method or process that through the application of a security procedure allows a determination that the electronic signature at the time it was executed was all of the following:

(a) Unique to the person using it.

(b) Capable of verification.

(d) Linked to the electronic document to which it relates in a manner so that if the document is changed the electronic signature is invalidated.

10. "Notary service electronic certificate" means the materials and methods issued by an electronic notary to a prospective signer so that signer may create a notary service electronic signature.

11. "Notary service electronic signature" means an act completed by a signer using a properly issued notary service electronic certificate to sign an electronic document.

12. "Oath" or "affirmation" means an act in which a person makes a vow in the presence of the electronic notary under penalty of perjury, with reference made to a supreme being in the case of an oath.

13. "Personal knowledge of identity" means familiarity with an individual resulting from interactions with that individual over a sufficient time to eliminate reasonable doubt that the individual has the identity claimed.

14. "Satisfactory evidence of identity" means that proof of identity is evidenced by one of the following:

(a) At least one current form of identification issued by a federal, state or tribal government with the individual’s photograph, signature and written physical description.

(b) The oath or affirmation of a credible person who is personally known to the electronic notary and who personally knows the individual signer.

(c) The oath or affirmation of a credible person who personally knows the individual and who provides satisfactory evidence of identity pursuant to subdivision (a) of this paragraph.

(d) Personal knowledge of the individual signer by the electronic notary.

15. "Time stamp token" means a secure electronic method to affix a statement of the time and date that the document was recognized as a valid notary service electronic document by an approved time stamp provider. A time stamp token is attached by an approved time stamp provider to the document in a way that if the document changes the time stamp token is invalidated. END_STATUTE