SB1226 - 542R

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

Section 1. Section 15-1802.01, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1802.01. County residency status; community college districts

A. Each community college district shall adopt policies regarding domicile requirements that include, at a minimum, the following:

1. Each student shall have the question of domicile determined before the time of registration and payment of fees. It is the responsibility of the student to register under the correct domicile determination.

2. Enforcement of domicile requirements shall be the responsibility of the chief executive officer of each community college district.

3. The chief executive officer of each community college district shall designate a representative at each college or campus who is responsible for documents and who is qualified to administer oaths as defined in section 41‑311 in connection with statements and testimony relative to student domicile status for tuition purposes.

4. In addition to the requirements prescribed in section 15‑1802, subsections G and H, any of the following may be used in determining a student's domicile:

(a) An income tax return.

(b) The place of graduation from high school.

(d) Dependency as indicated on a federal income tax return.

(e) Ownership of real property.

(f) A notarized statement of a landlord or employer.

(g) Bank accounts.

B. Each community college district shall adopt policies regarding classification procedures for a student for nonresident or resident tuition purposes that include, at a minimum, the following:

1. In determining a student's classification, the college may consider all evidence, written or oral, presented by the student and any other information received from any source that is relevant to determining classification. The college may request written sworn statements or sworn testimony of the student.

2. The decision as to classification shall be made by the representative designated pursuant to subsection A, paragraph 3 of this section. In making the decision the representative may consult with other college officials. Decisions by the representative shall be made as soon as possible after all relevant information is acquired.

3. If the representative classifies the student as a nonresident for tuition purposes, the decision shall be communicated to the student by mail to the most recent address furnished to the college. If the student is classified as a nonresident for tuition purposes, the student must make satisfactory provision for payment of nonresident tuition and other charges.

C. Each community college district shall adopt a review and appeals process for students contesting a domicile decision by the college.END_STATUTE

Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 16-946, Arizona Revised Statutes, is amended to read:

START_STATUTE16-946. Qualifying contributions

A. During the qualifying period, a participating candidate may collect qualifying contributions, which shall be paid to the fund.

B. To qualify as a qualifying contribution, a contribution must be:

1. Made by a qualified elector as defined in section 16‑121, who at the time of the contribution is registered in the electoral district of the office the candidate is seeking and who has not given another qualifying contribution to that candidate during that election cycle.

2. Made by a person who is not given anything of value in exchange for the qualifying contribution.

3. In the sum of five dollars, exactly.

4. Received unsolicited during the qualifying period or solicited during the qualifying period by a person who is not employed or retained by the candidate and who is not compensated to collect contributions by the candidate or on behalf of the candidate.

5. If made by check or money order, made payable to the candidate's campaign committee, or if in cash, deposited in the candidate's campaign committee's account.

6. Accompanied by a three‑part reporting slip that includes the printed name, registration address and signature of the contributor, the name of the candidate for whom the contribution is made, the date and the printed name and signature of the solicitor. An electronic signature as defined in section 41‑351 41‑251 is deemed to comply with this paragraph.

C. A copy of the reporting slip shall be given as a receipt to the contributor, and another copy shall be retained by the candidate's campaign committee. Delivery of an original reporting slip to the secretary of state shall excuse the candidate from disclosure of these contributions on campaign finance reports filed under article 1 1.4 of this chapter. END_STATUTE

Sec. 3. Title 41, chapter 2, Arizona Revised Statutes, is amended by adding article 1, to read:

ARTICLE 1. REVISED UNIFORM LAW ON NOTARIAL ACTS (2018)

Sec. 4. Section 41-311, Arizona Revised Statutes, is transferred and renumbered for placement in title 41, chapter 2, article 1, Arizona Revised Statutes, as added by this act, as section 41‑251, and, as so renumbered, is amended to read:

START_STATUTE41-251. Definitions

In this article chapter, 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. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

5. "Electronic signature" means an electronic symbol, sound or process that is attached to or logically associated with a record and that is executed or adopted by an individual with the intent to sign the record.

6. "In a representative capacity" means acting as any of the following:

(a) An authorized officer, agent, partner, trustee or other representative for a person other than an individual.

(b) a public officer, personal representative, guardian or other representative, in the capacity stated in a record.

(d) An authorized representative of another in any other capacity.

4. "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.

5. 7. "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.

6. 8. "Notarial act" or "notarization":

(a) Means any act, whether performed with respect to a tangible or electronic record, that a notary is authorized to notarial officer may perform under section 41‑313 and that verifies only the identity of a signer of a document and not the truthfulness, accuracy or validity of the document.

(b) Includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy and noting a protest of a negotiable instrument.

7. 9. "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 that states the venue, date and facts that are attested by the notary in a particular notarization.

10. "Notarial officer" means a notary public or other individual authorized to perform a notarial act.

8. 11. "Notary public" or "notary" means any person commissioned to perform notarial acts under this article by the secretary of state.

9. "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.

12. "Official stamp" means a physical image that is affixed to a tangible record or an electronic image that is attached to or logically associated with an electronic record.

13. "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

10. "Personal knowledge" 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. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

11. 15. "Satisfactory evidence of identity" means:

(a) Proof of identity is evidenced by one of the following:

(i) An unexpired driver license or nonoperating identification license that is issued by a state or territory of the United States.

(ii) An unexpired passport that is issued by the United States department of state.

(iii) An unexpired identification card that is issued by any branch of the United States armed forces.

(iv) An inmate identification card that is issued by the state or federal department of corrections, if the inmate is in the custody of the department.

(v) Any form of inmate identification that is issued by a county sheriff, if the inmate is in the custody of the county sheriff.

(vi) Any other unexpired identification card that is issued by the United States government or a state or tribal government, that contains the individual's photograph, signature and physical description and that contains the individual's height, weight, hair color and eye color.

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

(viii) The oath or affirmation of a credible person who personally knows the individual and who provides satisfactory evidence of identity pursuant to item (i), (ii), (iii), (iv), (v) or (vi) of this subdivision.

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

(b) In addition to subdivision (a) of this paragraph, for the purposes of a real estate conveyance or financing, proof of identity may be evidenced by one of the following:

(i) A valid unexpired passport that is issued by the United States government.

(ii) A valid unexpired passport that is issued by a national government other than the United States government and that is accompanied by a valid unexpired visa or other documentation that is issued by the United States government and that is necessary to establish an individual's legal presence in the United States.

(iii) Any other valid unexpired identification that is deemed acceptable by the United States department of homeland security to establish an individual's legal presence in the United States and that is accompanied with supporting documents as required by the United States department of homeland security.

16. "Sign" means, with present intent to authenticate or adopt a record, either of the following:

(a) To execute or adopt a tangible symbol.

(b) To attach to or logically associate with the record an electronic symbol, sound or process.

17. "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record.

18. "Stamping device" means either of the following:

(a) A physical device that is capable of affixing to a tangible record an official stamp.

(b) An electronic device or process that is capable of attaching to or logically associating with an electronic record an official stamp.

19. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

20. "Verification on oath or affirmation" means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.

12. 21. "Venue" means this state and the county where a notarial act occurs. END_STATUTE

Sec. 5. Title 41, chapter 2, article 1, Arizona Revised Statutes, as added by this act, is amended by adding sections 41-252, 41-253, 41‑254, 41-255, 41-256, 41‑257, 41-258, 41-259, 41-260, 41-261, 41-262, 41-263, 41-264, 41-265, 41-266, 41-267, 41-268, 41-269, 41-270, 41-271, 41-272, 41-273, 41-274 and 41-275, to read:

START_STATUTE41-252. Authority to perform notarial acts

A. A notarial officer may perform a notarial act authorized by this article or by law of this state other than this article.

B. A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer's spouse is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.

C. A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record. END_STATUTE

START_STATUTE41-253. Requirements for certain notarial acts

A. A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

B. A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

C. A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

D. A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item.

E. A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 47‑3505. END_STATUTE

START_STATUTE41-254. Personal appearance required

If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. END_STATUTE

START_STATUTE41-255. Identification of individual

A. A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

B. A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the officer can identify the individual:

1. by means of:

(a) A passport, driver license or nonoperating identification license or, if the document is expired, the document did not expire more than three years before performance of the notarial act.

(b) Another form of government identification issued to an individual that contains the signature or a photograph of the individual and that is satisfactory to the notarial officer or, if the document is expired, the document did not expire more than three years before performance of the notarial act.

2. By verification on oath or affirmation of a credible witness personally appearing before the officer and known to the notarial officer or whom the notarial officer can identify on the basis of a passport, driver license or nonoperating identification license or, if the document is expired, the document did not expire more than three years before performance of the notarial act.

C. A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the individual's identity. END_STATUTE

START_STATUTE41-256. Authority to refuse to perform notarial acts

A. A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that either:

1. the individual executing the record is competent or has the capacity to execute the record.

2. the individual's signature is knowingly and voluntarily made.

B. A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this article. END_STATUTE

START_STATUTE41-257. Signature if individual unable to sign

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "Signature affixed by (name of other individual) at the direction of (name of individual)" or words of similar import. END_STATUTE

START_STATUTE41-258. Notarial act in this state

A. A notarial act may be performed in this state by any of the following:

1. A notary public of this state.

2. A judge or clerk of a court of this state.

3. An individual who is licensed to practice law in this state.

B. The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

C. The signature and title of a notarial officer described in subsection A of this section conclusively establish the authority of the officer to perform the notarial act. END_STATUTE

START_STATUTE41-259. Notarial act in another state

A. A notarial act performed in another state has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by any of the following:

1. A notary public of that state.

2. A judge, clerk or deputy clerk of a court of that state.

3. Any other individual who is authorized by the laws of that state to perform the notarial act.

B. The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

C. The signature and title of a notarial officer described in subsection A of this section conclusively establish the authority of the officer to perform the notarial act. END_STATUTE

START_STATUTE41-260. Notarial act under the authority of federally recognized Indian tribes

A. A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by any of the following:

1. A notary public of the tribe.

2. A judge, clerk or deputy clerk of a court of the tribe.

3. Any other individual who is authorized by the laws of the tribe to perform the notarial act.

B. The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.

C. The signature and title of a notarial officer described in subsection A of this section conclusively establish the authority of the officer to perform the notarial act. END_STATUTE

START_STATUTE41-261. Notarial act under federal authority

A. A notarial act performed under federal law has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by any of the following:

1. A judge, clerk or deputy clerk of a court.

2. An individual who is in military service or performing duties under the authority of military service and who is authorized to perform notarial acts under federal law.

3. An individual who is designated a notarizing officer by the United States Department of State for performing notarial acts overseas.

4. Any other individual who is authorized by federal law to perform the notarial act.

B. The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.

C. The signature and title of an officer described in subsection A of this section conclusively establish the authority of the officer to perform the notarial act. END_STATUTE

START_STATUTE41-262. Foreign notarial act; definition

A. If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the laws of this state as if performed by a notarial officer of this state.

B. If the title of office and indication of authority to perform notarial acts in a foreign state appear in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

C. The signature and official stamp of an individual holding an office described in subsection B of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.

D. An apostille in the form prescribed by the Hague Convention of October 5, 1961 and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

E. A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

F. For the purposes of this section, "foreign state" means a jurisdiction other than the United States, a state of the United States or a federally recognized Indian tribe. END_STATUTE

START_STATUTE41-263. Notarial act performed for remotely located individual; definitions

A. A remotely located individual may comply with Section 41‑254 by using communication technology to appear before a notary public.

B. A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:

1. The notary public:

(a) Has personal knowledge under section 41‑255, subsection A of the individual's identity.

(b) Has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under section 41‑255, subsection B or this section.

(c) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing.

2. The notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature.

3. The notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act.

4. For a remotely located individual located outside the United states:

(a) The record:

(i) Is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States.

(ii) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States.

(b) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.

C. If a notarial act is performed under this section, the certificate of notarial act required by Section 41‑264 and the short form certificate provided in Section 41‑265 must indicate that the notarial act was performed using communication technology.

D. A short form certificate provided in Section 41‑265 for a notarial act subject to this section is sufficient if it:

1. Complies with rules adopted under subsection G, paragraph 1 of this section.

2. Is in the form provided in Section 41‑265 and contains a statement substantially as follows: "This notarial act involved the use of communication technology."

E. A notary public, a guardian, conservator or agent of a notary public or a personal representative of a deceased notary public shall retain the audiovisual recording created under subsection B, paragraph 3 of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection G, paragraph 4 of this section, the recording must be retained for a period of at least ten years after the recording is made.

F. Before a notary public performs the notary public's initial notarial act under this section, the notary public must notify the secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the secretary of state has established standards under subsection G of this section and Section 41‑274 for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards.

G. In addition to adopting rules under Section 41‑274, the secretary of state may adopt rules under this section regarding performance of a notarial act. The rules may:

1. Prescribe the means of performing a notarial act involving a remotely located individual using communication technology.

2. Establish standards for communication technology and identity proofing.

3. Establish requirements or procedures to approve providers of communication technology and the process of identity proofing.

4. Establish standards and a period for the retention of an audiovisual recording created under subsection B, paragraph 3 of this section.

h. Before adopting, amending or repealing a rule governing performance of a notarial act with respect to a remotely located individual, the secretary of state must consider:

1. The most recent standards regarding the performance of a notarial act with respect to a remotely located individual adopted by national standard-setting organizations and the recommendations of the national association of secretaries of state.

2. Standards, practices and customs of other jurisdictions that have laws substantially similar to this section.

3. The views of governmental officials and entities and other interested persons.

I. By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely located individual or by providing storage of the audiovisual recording created under subsection B, paragraph 3 of this section, the provider of the communication technology, identity proofing or storage appoints the secretary of state as the provider's agent for service of process in any civil action in this state related to the notarial act.

J. For the purposes of this section:

1. "Communication technology" means an electronic device or process that:

(a) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound.

(b) When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing or speech impairment.

2. "Foreign state" means a jurisdiction other than the United States, a state of the United States or a federally recognized Indian tribe.

3. "Identity proofing" means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.

4. "Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory, insular possession or other location subject to the jurisdiction of the United States.

5. "Remotely located individual" means an individual who is not in the physical presence of the notary public who performs a notarial act under subsection B of this section. END_STATUTE

START_STATUTE41-264. Certificate of notarial act

A. A notarial act must be evidenced by a certificate. The certificate must:

1. Be executed contemporaneously with the performance of the notarial act.

2. Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the secretary of state.

3. Identify the jurisdiction in which the notarial act is performed.

4. Contain the title of office of the notarial officer.

5. If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer's commission.

B. If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsection A, paragraphs 2, 3 and 4 of this section, an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection A, paragraphs 2, 3 and 4 of this section an official stamp may be attached to or logically associated with the certificate.

C. A certificate of a notarial act is sufficient if it meets the requirements of subsections A and B of this section and any of the following:

1. Is in a short form set forth in Section 41‑265.

2. Is in a form otherwise allowed by the law of this state.

3. Is in a form allowed by the law applicable in the jurisdiction in which the notarial act was performed.

4. Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in Sections 41‑253, 41‑254 and 41‑255 or laws of this state other than this article.

D. By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in Sections 41‑252, 41‑253 and 41‑254.

E. A notarial officer may not affix the notarial officer's signature to or logically associate it with a certificate until the notarial act has been performed.

F. If a notarial act is performed regarding a tangible record, a certificate must be part of or securely attached to the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to or logically associated with the electronic record. If the secretary of state has established standards pursuant to Section 41‑274 for attaching, affixing or logically associating the certificate, the process must conform to the standards. END_STATUTE

START_STATUTE41-265. Short form certificates

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by Section 41‑264, subsections A and B:

1. For an acknowledgment in an individual capacity:

State of _____________________________________________

(County) of ___________________________________________

This record was acknowledged before me on _____________

date

by ___________________________________

names of individual(s)

______________________________________

Signature of notarial officer

Stamp

(_____________________________________)

Title of office

(My commission expires: _____________)

2. For an acknowledgment in a representative capacity:

State of _________________________________________

(County) of ______________________________________

This record was acknowledged before me on _____________

date

by ____________________________________________________

name(s) of individual(s)

as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed).

________________________________________

Signature of notarial officer

Stamp

(_______________________________________)

Title of office

(My commission expires: _______________)

3. For a verification on oath or affirmation:

State of _________________________________________

(County) of ______________________________________

Signed and sworn to (or affirmed) before me on ___________

date

by ________________________________________________________

Name(s) of individual(s) making statement

__________________________________________

Signature of notarial officer

Stamp

(_________________________________________)

Title of office

(My commission expires: __________________)

4. For witnessing or attesting a signature:

State of _________________________________________

(County) of ______________________________________

Signed (or attested) before me on ________________

date

by _______________________________________________

Name(s) of individual(s)

___________________________________________

Signature of notarial officer

Stamp

(__________________________________________)

Title of office

(My commission expires: ___________________)

5. For certifying a copy of a record:

State of ________________________________________

(County) of _____________________________________

I certify that this is a true and correct copy of a record in the possession of _________________________________.

Dated _______________________________

_____________________________________

Signature of notarial officer

Stamp

(____________________________________)

Title of office

(My commission expires: _____________) END_STATUTE

START_STATUTE41-266. Stamping device

A. A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act.

B. If a notary public's stamping device is lost or stolen, the notary public or the notary public's personal representative or guardian shall promptly notify the secretary of state on discovering that the device is lost or stolen. END_STATUTE

START_STATUTE41-267. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record

A. A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.

B. Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the secretary of state has established standards for approval of technology pursuant to Section 41‑274, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology.

C. A county recorder may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record. END_STATUTE

START_STATUTE41-268. Commission as notary public; qualifications; assurance; no immunity or benefit

A. An individual qualified under subsection B of this section may apply to the secretary of state for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the secretary of state and pay any application fee.

B. An applicant for a commission as a notary public must:

1. Be at least eighteen years of age.

2. Be a citizen or permanent legal resident of the United States.

3. Be a resident of this state.

4. Be able to read, write and understand English.

5. Not be disqualified to receive a commission under Section 41‑270.

6. Have passed the examination required under Section 41‑269.

C. Before a commission as a notary public is issued, an applicant for the commission shall execute an oath of office and submit it to the secretary of state.

D. Not more than thirty days after a commission as a notary public is issued, the applicant for a commission shall submit to the secretary of state an assurance in the form of a surety bond in the amount of $5,000. The assurance must be issued by a surety or other entity licensed or authorized to do business in this state. The assurance must cover acts performed during the term of the notary public's commission and must be in the form prescribed by the secretary of state. If a notary public violates any law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give thirty days' notice to the secretary of state before canceling the assurance. The surety or issuing entity shall notify the secretary of state not later than thirty days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state.

E. On compliance with this section, the secretary of state shall issue a commission as a notary public to an applicant for a term of four years.

F. A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by the laws of this state on public officials or employees. END_STATUTE

START_STATUTE41-269. Examination of notary public

A. An applicant for a commission as a notary public who does not hold a commission in this state must pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination must be based on the course of study described in subsection B of this section.

B. The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to applicants who do not hold commissions as notaries public in this state. The course must cover the laws, rules, procedures and ethics relevant to notarial acts. END_STATUTE

START_STATUTE41-270. Grounds to deny, refuse to renew, revoke, suspend or condition commission of notary public

A. The secretary of state may deny, refuse to renew, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence or reliability to act as a notary public, including:

1. Failure to comply with this article.

2. A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the secretary of state.

3. A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty or deceit.

4. A finding against or admission of liability by the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty or deceit.

5. Failure by the notary public to discharge any duty required of a notary public, whether by this article, rules of the secretary of state or federal or state law.

6. Use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right or privilege that the notary does not have.

7. Violation by the notary public of a rule of the secretary of state regarding a notary public.

8. Denial, refusal to renew, revocation, suspension or conditioning of a notary public commission in another state.

9. Failure of the notary public to maintain an assurance as provided in Section 41‑268.

B. The authority of the secretary of state to deny, refuse to renew, suspend, revoke or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law. END_STATUTE

START_STATUTE41-271. Database of notaries public

The secretary of state shall maintain an electronic database of notaries public:

1. Through which a person may verify the authority of a notary public to perform notarial acts.

2. That indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records. END_STATUTE

START_STATUTE41-272. Prohibited acts

A. A commission as a notary public does not authorize an individual to:

1. Assist persons in drafting legal records, give legal advice or otherwise practice law.

2. Act as an immigration consultant or an expert on immigration matters.

3. Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters.

4. Receive compensation for performing any of the activities listed in this subsection.

B. A notary public may not engage in false or deceptive advertising.

C. A notary public, other than an attorney who is licensed to practice law in this state, may not use the term "notario" or "notario publico".

D. A notary public, other than an attorney who is licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities". If the form of advertisement or representation is not broadcast media, print media or the Internet and does not allow inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

E. Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public. END_STATUTE

START_STATUTE41-273. Validity of notarial acts

Except as otherwise provided in section 41‑252, subsection B, the failure of a notarial officer to perform a duty or meet a requirement specified in this article does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this article does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the laws of this state other than this article or the laws of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts. END_STATUTE

START_STATUTE41-274. Rules

A. The secretary of state may adopt rules to implement this article. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules may:

1. Prescribe the manner of performing notarial acts regarding tangible and electronic records.

2. include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident.

3. include provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or signatures.

4. Prescribe the process of granting, renewing, conditioning, denying, suspending or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public.

5. Include provisions to prevent fraud or mistake in the performance of notarial acts.

6. Establish the process for approving and accepting surety bonds and other forms of assurance under Section 41‑268.

7. Provide for the administration of the examination under Section 41‑269, subsection A and the course of study under Section 41‑269, subsection B.

B. In adopting, amending or repealing rules about notarial acts with respect to electronic records, the secretary of state shall consider, so far as is consistent with this article:

1. The most recent standards regarding electronic records promulgated by national bodies, such as the national association of secretaries of state.

2. Standards, practices and customs of other jurisdictions that substantially enact this article.

3. The views of governmental officials and entities and other interested persons. END_STATUTE

START_STATUTE41-275. Relation to electronic signatures in global and national commerce act

This article modifies, limits and supersedes the Electronic signatures in global and national commerce act (P.L. 106-229; 114 Stat. 464; 15 United States Code sections 7001 through 7031) but does not modify, limit or supersede 15 United States Code section 7001(c) or authorize electronic delivery of any of the notices described in 15 United States Code section 7003(b). END_STATUTE

Sec. 6. Section 41-312, Arizona Revised Statutes, is amended to read:

START_STATUTE41-312. Appointment; term; oath and bond; examination; course of study; fee

A. The secretary of state may appoint notaries public in each county to hold office for four years who shall have jurisdiction in the county in which they reside and in which they are appointed. Acknowledgments of documents may be taken and executed and oaths may be administered by a notary public in any county of the state although the commission is issued to the notary public in and for another county.

B. The secretary of state shall give notice of the appointment to the person appointed who shall take, within twenty thirty days after receiving such notice, the oath prescribed by law and give a bond, with sureties approved by the state, in an amount prescribed by the secretary of state and file it with the secretary of state. On filing the official oath and bond, the secretary of state shall deliver the commission to such person.

C. A notary public is a public officer commissioned by this state and the following apply without regard to whether the notary public's employer or any other person has paid the fees and costs for the commissioning of the notary public, including costs for the official seal and journals:

1. A notary public's official seal and commission and any journal that contains only public record entries remain the property of the notary public.

2. A notary public may perform notarizations outside the workplace of the notary's employer except during those times normally designated as the notary public's hours of duty for that employer. All fees received by a notary public for notarial services provided while not on duty remain the property of the notary public.

3. An employer of a notary public shall not limit the notary public's services to customers or other persons designated by the employer.

D. A notary public shall continue to serve until the notary public's commission expires, the notary public resigns the commission, the notary public dies or the secretary of state revokes the commission. An employer may not cancel the notary bond or notary commission of any notary public who is an employee and who leaves that employment.

E. A notary public shall comply with all of the following:

1. Be at least eighteen years of age.

2. Be a citizen or a legal permanent resident of the United States.

3. Be a resident of this state for income tax purposes and claim the individual's residence in this state as the individual's primary residence on state and federal tax returns.

4. Except as provided in section 41‑330, subsection A, paragraph 2, never have been convicted of a felony.

5. Keep as a reference a manual that is approved by the secretary of state and that describes the duties, authority and ethical responsibilities of notaries public.

6. Be able to read and write English.

F. E. An applicant for appointment and commission as a notary public shall complete an application form prescribed by the secretary of state. Except for the applicant's name and business address, all information on the application is confidential and may not be disclosed to any person other than the applicant, the applicant's personal representative or an employee or officer of the federal, state or local government who is acting in an official capacity. The secretary of state shall use the information contained on the application only for carrying out the purposes of this article.

G. F. This state or any of its political subdivisions may pay the fees and costs for the commissioning of a notary public who is an employee of this state or any of its political subdivisions and who performs notarial services in the course of the notary public's employment or for the convenience of public employees.

H. G. The secretary of state may require that applicants and suspended notaries present proof of attendance at a notary training course before receiving their commissions or before reinstatement of a suspended commission. Any applicant who is required to attend a notary training course must complete the training within ninety days before renewing their commissions. The secretary of state may assess a fee prescribed by the secretary of state for administering notary training courses. The secretary of state shall deposit the fees collected in the notary education fund established by section 41‑332. END_STATUTE

Sec. 7. Section 41-313, Arizona Revised Statutes, is amended to read:

START_STATUTE41-313. Duties

A. Notaries public shall perform the following notarial acts, when requested:

1. Take acknowledgments and give certificates of the acknowledgments endorsed on or attached to the instrument.

2. Administer oaths and affirmations.

3. Perform jurats.

4. Perform copy certification.

B. Notaries public shall perform the notarial acts prescribed in subsection A of this section only if:

1. The signer is in the presence of the notary at the time of notarization.

2. The signer signs in a language that the notary understands.

3. The signer communicates directly with the notary in a language they both understand or indirectly through a translator who is physically present with the signer and notary at the time of the notarization and who communicates directly with the signer and the notary in languages the translator understands.

4. The notarial certificate is worded and completed using only letters, characters and a language that are read, written and understood by the notary public.

C. If a notary attaches a notarial certificate to a document using a separate sheet of paper, the attachment must contain a description of the document that includes at a minimum the title or type of document, the document date, the number of pages of the document and any additional signers other than those named in the notarial certificate.

D. Notaries public shall:

1. Keep, maintain and protect as a public record a journal of all official acts performed by the notary as described in section 41‑319.

2. Provide and keep the official seal that is imprinted in dark ink with the words "notary public", the name of the county in which the notary is commissioned, the name of the notary as it appears on the notarial application, the great seal of the state of Arizona, the notarial commission number and the expiration date of the notarial commission.

3. Authenticate with the official seal all official acts on every certificate or acknowledgment signed and sealed by the notary.

4. Respond to any requests for information and comply with any investigations that are initiated by the secretary of state or the attorney general.

E. Notaries public may not affix the notary public's official seal over the notary public's signature or over any other signature on the document being notarized. END_STATUTE

Sec. 8. Section 41-319, Arizona Revised Statutes, is amended to read:

START_STATUTE41-319. Journal

A. The notary shall keep a paper journal and, except as prescribed by subsection E of this section, shall keep only one journal at a time. The notary shall record all notarial acts in chronological order. The notary shall furnish, when requested, a certified copy of any public record in the notary's journal. Records of notarial acts that violate the attorney‑client privilege or that are confidential pursuant to federal or state law are not a public record. Each journal entry shall include at least:

1. The date of the notarial act.

2. A description of the document or type of notarial act.

3. The printed full name, signature and address of each person for whom a notarial act is performed.

4. The type of satisfactory evidence of identity presented to the notary by each person for whom a notarial act is performed, if other than the notary's personal knowledge of the individual is used as satisfactory evidence of identity.

5. A description of the identification document, its serial or identification number and its date of issuance or expiration.

6. The fee, if any, charged for the notarial act.

B. If a notary has personal knowledge of the identity of a signer, the requirements of subsection A, paragraphs 1 through 5 of this section may be satisfied by the notary retaining shall either retain a paper or electronic copy of the notarized documents for each notarial act in lieu of making a journal entry or the notary shall make a journal entry pursuant to the requirements of subsection A, paragraphs 1, 2, 3, 4 and 6 of this section, and the notary shall indicate that it is personal knowledge.

C. If a notary does more than one notarization for an individual within a six month period, the notary shall have the individual provide satisfactory evidence of identity the first time the notary performs the notarization for the individual but may not require satisfactory evidence of identity or the individual to sign the journal for subsequent notarizations performed for the individual during the six month period.

D. If a notary performs more than one notarization of the same type for a signer either on like documents or within the same document and at the same time, the notary may group the documents together and make one journal entry for the transaction.

E. If one or more entries in a notary public's journal are not public records, the notary public shall keep one journal that contains entries that are not public records and one journal that contains entries that are public records. If a notary public keeps only one journal, that journal is presumed to be a public record. A notary public's journal that contains entries that are not public records is the property of the employer of that notary public and shall be retained by that employer if the notary public leaves that employment. A notary public's journal that contains only public records is the property of the notary public without regard to whether the notary public's employer purchased the journal or provided the fees for the commissioning of the notary public.

F. Except as provided in subsections A and E of this section, the notary's journal is a public record that may be viewed by or copied for any member of the public, but only on presentation to the notary of a written request that details the month and year of the notarial act, the name of the person whose signature was notarized and the type of document or transaction. END_STATUTE

Sec. 9. Section 41-321, Arizona Revised Statutes, is amended to read:

START_STATUTE41-321. Obtaining a seal; violation; classification

A. A vendor of notary seals may not provide an official seal to a person unless the person presents a photocopy of the person's notarial commission. The vendor shall retain the photocopy for four years.

B. A notary public's official seal may be any shape and shall produce a stamped seal that is no not less than three‑quarters inches or not more than one and one‑half inches high and not less than two and one‑quarter inches or more than two and one‑half inches wide. A notary public may possess only one official seal but may also possess and use an embossing seal that may be used only in conjunction with the notary public's official seal. An embossing seal is not an official seal of a notary public.

C. A person who knowingly violates subsection A of this section is guilty of a class 6 felony. A person who violates subsection B of this section is guilty of a class 3 misdemeanor.END_STATUTE

Sec. 10. Repeal

Sections 41-328 and 41-330, Arizona Revised Statutes, are repealed.

Sec. 11. Section 41-371, Arizona Revised Statutes, is amended to read:

START_STATUTE41-371. Definitions

In this article, unless the context otherwise requires:

1. "Communication technology" means an electronic device or process that allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound.

2. "Credential analysis" means a process or service that meets the standards established under section 41‑372 through which a third person affirms the validity of an identification credential through review of public or private data sources.

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

4. 3. "Electronic record" means information that is created, generated, sent, communicated, received or stored by electronic means.

5. 4. "Electronic seal" means an electronic image that contains information attached to or logically associated with an electronic record and that contains the words "notary public", the name of the county in which the notary public is commissioned, the notary public's name as it appears on the notarial commission, the commission number and the expiration date of the notarial commission.

6. "Electronic signature" has the same meaning prescribed in section 41‑351.

7. 5. "Foreign state" means a jurisdiction other than the United States, a state of the United States or a federally recognized Indian tribe.

8. 6. "Identity proofing" means a process or service that meets the standards established under section 41‑372 through which a third person affirms the identity of a remotely located individual by a review of personal information from public or private data sources.

9. 7. "Notarial act" means an act that is performed by a notary public of this state pursuant to section 41‑313, subsection A.

10. 8. "Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory, insular possession or other location subject to the jurisdiction of the United States.

11. "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

12. "Personal knowledge" has the same meaning prescribed in section 41‑311.

13. 9. "Remotely located individual" means an individual who is not in the physical presence of the notary public performing a remote online notarization.

14. 10. "Remote online notarization" or "remote online notarial act" means a notarial act performed by means of communication technology.

15. 11. "Remote presentation" means transmission to a notary public through communication technology of an image of a remotely located individual's identification credential that is of sufficient quality to enable the notary public to reasonably identify the remotely located individual and to perform credential analysis.

16. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. END_STATUTE

Sec. 12. Section 41-376, Arizona Revised Statutes, is amended to read:

START_STATUTE41-376. Remote online notarization procedures

A. Before performing a remote online notarization, a notary public shall:

1. Reasonably confirm that an electronic record before the notary public is the same electronic record in which the remotely located individual made a statement or on which the remotely located individual executed or adopted a signature.

2. Take reasonable steps to ensure that the communication technology used in the remote online notarization is secure from unauthorized interception.

B. In performing a remote online notarization for a remotely located individual, a notary public shall reasonably verify the identity of the individual by any of the following:

1. The notary public's personal knowledge of the individual.

2. Each of the following:

(a) The individual's remote presentation of an identification credential that constitutes satisfactory evidence of identity as defined in section 41‑311.

(b) Credential analysis of the identification credential described in subdivision (a) of this paragraph.

3. The oath or affirmation of a credible witness with personal knowledge of the individual who appears before and is identified by the notary public either:

(a) Through satisfactory evidence of identity as defined in section 41-311 while in the physical presence of the notary public.

(b) As a remotely located individual under paragraph 1 or 2 of this subsection.

C. A notary public may:

1. Require a remotely located individual to provide additional information necessary to assure the notary public of the identity of the individual.

2. Refuse to perform a remote online notarization if the notary public is not satisfied as to the identity of the remotely located individual.

D. Notwithstanding section 41‑313, subsection B, paragraph 3, a translator may be a remotely located individual if the translator, signer and notary public communicate by means of communication technology.

E. Section 41‑319, subsection C does not apply to remote online notarizations.

F. The notarial certificate for a remote online notarization must indicate that the notarial act was a remote online notarization performed by means of communication technology. A notarial certificate is sufficient to satisfy the requirement of this subsection if it either:

1. Complies with rules adopted under section 41‑372.

2. Is in a form otherwise sufficient under the laws of this state and contains a statement substantially as follows: "this remote online notarization involved the use of communication technology". END_STATUTE

Sec. 13. Requirements for enactment; three-fourths vote

Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 16-946, Arizona Revised Statutes, as amended by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.