Second Regular Session H.B. 2645
PROPOSED
SENATE AMENDMENTS TO H.B. 2645
(Reference to House engrossed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 41-323, Arizona Revised Statutes, is amended to read:
41-323. Change of address; lost, stolen or compromised journal or seal; civil penalty
A. Within thirty days after the change of a notary public's mailing, business or residential address, the notary public shall deliver to the secretary of state, by certified mail or other means providing a receipt, a signed notice of the change that provides both the old and new addresses.
B. Within ten days after the loss, theft or compromise of an official journal or stamping device, the notary public shall deliver to the secretary of state, by certified mail or other means providing a receipt, a signed notice of the loss, theft or compromise. The notary also shall inform the appropriate law enforcement agency in the case of theft.
C. If a notary public fails to comply with subsection A or B of this section, the notary public has failed to fully and faithfully discharge the duties of a notary public and the secretary of state may impose a civil penalty of $25 against the notary. The notary public shall pay any civil penalty imposed by the secretary of state pursuant to this subsection before the renewal of the notary's commission.
D. In a judicial proceeding where the identity of a party to a notarized instrument is in question and the official journal of the notary public is lost, stolen or compromised or never existed, no presumption shall be given to the validity of the identity of the party who signed the instrument unless the notary public has complied with subsection b of this section. It is a rebuttable presumption that a lost, stolen or compromised journal contained a record of the identity of the party who signed the notarized instrument in question if a party seeking to enforce the validity of a notarized instrument produces evidence that the notary public complied with subsection b of this section."
Renumber to conform
Page 2, after line 16, insert:
"F. The attorney general or county attorney for the county in which an alleged violation of this section occurred may prosecute a violation of this section."
Amend title to conform