State SealARIZONA HOUSE OF REPRESENTATIVES


 

HB 2178: secretary of state; notary public

PRIME SPONSOR: Representative Coleman, LD 16

BILL STATUS: Caucus & COW

                GOV: DP 8-0-0-0

Legend:
ADC – Arizona Department of Corrections
SOS – Secretary of State
Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRelating to notaries public.

Provisions

1.       Requires a notary public who resigns to submit their resignation in writing to the SOS, rather than the Governor. (Sec. 1, 5)

2.       Removes language permitting a notary to perform a notarial act on a document that is a translation of a document that is in a language that the notary does not understand if the translator signs an affidavit containing an oath of affirmation that the translation is accurate and complete.  (Sec. 3)

3.       Requires the official seal of a notary to include their notarial commission number. (Sec. 3)

4.       Requires the SOS to accept a surety bond issued by a notary public that was issued 60 days, rather than 30 days, after the SOS commissions the notary. (Sec. 4)

o   Currently, a notary public is required to file a surety bond with the SOS in order for their commission to become effective.  The bond must be issued within 60 days before and 30 days after the SOS commissions the notary (A.R.S. § 41-315).

5.       Requires a notary public whose official journal or seal is compromised to deliver a signed notice of the compromise to the SOS within 10 days.

a.       Stipulates that any notary that fails notify the SOS has failed to discharge their duties;

b.       Permits the SOS to impose a civil penalty of $25 on any notary that fails to comply with notification requirements. (Sec. 6)

o   Currently, a notary public whose journal or seal is lost or stolen must delivery notice to the SOS by certified mail within 10 days.  Any notary that fails to notify the SOS may be assessed a civil penalty (A.R.S. § 41-323).

6.       Repeals several statutes relating to electronic notarization and, instead, requires the SOS to adopt standards for secure and feasible implementation of electronic notarization before January 1, 2020. (Sec. 9, 10)

7.       Permits notarial commission, duties and acts to be performed electronically. (Sec. 10)

8.       Allows notaries to accept documents signed with an electronic signature. (Sec. 10)

9.       Requires a notary public that is appointed after the effective date to use an official seal imprinted with their commission number. (Sec. 12)

10.   Requires a notary public appointed before the effective date to replace their official seal on reappointment with an official seal imprinted with their notarial commission number. (Sec. 12)

11.   Modifies the definition of a notarial act or notarization to specify that it only verifies the identity of the signer of a document, and not the truthfulness, accuracy or validity of the document. (Sec. 2)

12.   Expands the list of satisfactory evidence of identity for the purpose of notarizing to include:

a.       A nonoperating ID license;

b.       An inmate identification card issued by ADC, if the inmate is in the custody of ADC; and

c.        Any form of inmate ID issued by a county sheriff, if the inmate is in their custody. (Sec. 2)

13.   Makes technical and conforming changes. (Sec. 1-8, 11)

Current Law

The SOS is tasked with the duty of appointing and overseeing notary publics (A.R.S. § 41-312).  The duties of notary publics include: taking acknowledgements and giving certificates of acknowledgments endorsed or attached to certain instruments, administering oaths and affirmations, performing jurat and performing copy certification.  Notaries are only permitted to perform notarial acts if the signer is present, the signer signs the document and communicates with the notary in a language they both understand and the document is printed in a language that is understood by the notary (A.R.S. § 41-313).

 

 

 

 

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Fifty-third Legislature                  HB 2178

Second Regular Session                               Version 2: Caucus & COW

 

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