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House Engrossed
notary public; requirements |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HOUSE BILL 2588 |
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An Act
amending title 11, chapter 3, article 3, Arizona Revised Statutes, by adding section 11-472; amending sections 41-258, 41-259, 41-260, 41-261, 41-263, 41-266 and 41-269, Arizona Revised Statutes; amending title 41, chapter 2, article 1, Arizona Revised Statutes, by adding sections 41-269.01, 41-269.02 and 41-269.03; amending sections 41-271, 41-314, 41-317, 41-319 and 41-323, Arizona Revised Statutes; amending title 41, chapter 2, article 2, Arizona Revised Statutes, by adding section 41-334; amending sections 41-619.51, 41-1758 and 41-1758.01, Arizona Revised Statutes; relating to legal documents.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 3, article 3, Arizona Revised Statutes, is amended by adding section 11-472, to read:
11-472. Recording; deed; quitclaim deed; deed of trust; identification; exceptions
If a document to be recorded is a deed, quitclaim deed or deed of trust or any other document that affects real property, an individual shall provide the recorder with two valid forms of identification, unless the document to be recorded is submitted by any of the following:
1. An escrow officer.
2. A title insurance agent or title insurer as defined in section 20-1562.
3. A state chartered or federally chartered bank insured by the federal deposit insurance corporation.
4. An active member of the state bar of arizona.
5. An agency, branch or instrumentality of the federal government.
6. A TRUSTED submitter as defined in section 11-461.
7. A governmental entity.
Sec. 2. Section 41-258, Arizona Revised Statutes, is amended to read:
41-258. Notarial act in this state
A. Any of the following may perform a notarial act in this state:
1. A notary public of this state.
2. A judge, of a court of record.
3. A clerk or deputy clerk of a court of record of this state who has a seal.
3. An individual who is licensed to practice law in this state.
4. Any other individual who is authorized to perform the specific act by the laws of 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 listed in subsection A, paragraph 1, 2 or 3 of this section conclusively establish the authority of the notarial officer to perform the notarial act.
Sec. 3. Section 41-259, Arizona Revised Statutes, is amended to read:
41-259. 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 record 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, paragraph 1 or 2 of this section conclusively establish the authority of the notarial officer to perform the notarial act.
Sec. 4. Section 41-260, Arizona Revised Statutes, is amended to read:
41-260. Notarial act under 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 record 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, paragraph 1 or 2 of this section conclusively establish the authority of the notarial officer to perform the notarial act.
Sec. 5. Section 41-261, Arizona Revised Statutes, is amended to read:
41-261. 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 of record.
2. An individual who is in military service or performs 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 a notarial officer described in subsection A, paragraph 1, 2 or 3 of this section conclusively establish the authority of the notarial officer to perform the notarial act.
Sec. 6. Section 41-263, Arizona Revised Statutes, is amended to read:
41-263. 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 has any of the following:
(a) Personal knowledge under section 41-255, subsection A of the remotely located individual's identity.
(b) Satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before and identified by the notary public under section 41-255, subsection B or this section.
(c) 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, both of the following apply:
(a) The record either:
(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 notary public has no actual knowledge that the act of making the statement or signing the record is 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 both of the following:
1. That the notarial act was performed using communication technology.
2. The name of the communication technology used to perform the NOTARIAL act.
D. A short form certificate provided in section 41-265 for a notarial act subject to this section is sufficient if either of the following applies:
1. The form of certificate complies with rules adopted under subsection G, paragraph 1 of this section.
2. The certificate 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 and was performed using (______)."
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 five 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 41-275 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 41-275, on or before July 1, 2022, the secretary of state shall adopt rules under this section regarding performance of notarial acts for remotely located individuals. 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. 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 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.
Sec. 7. Section 41-266, Arizona Revised Statutes, is amended to read:
41-266. Official stamp
A. The official stamp of a notary public must:
1. Include 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 notary public's commission, THE NOTARY PUBLIC'S COMMISSION NUMBER, the commission expiration date, the great seal of the state of Arizona and other information required by the secretary of state. for a remote or electronic notarization, the official stamp shall contain the commission that is specific to the remote or electronic notary.
2. Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated. if a notarial officer attaches a notarial certificate to a document on a separate sheet of paper, the attachment shall contain a description of the document and INCLUDE all of the following:
(a) The title of or the type of document.
(b) The date.
(c) The number of pages of the document.
(d) Any additional INDIVIDUALS who signed the document other than those on the notarial certificate.
B. A notary public's official stamp may be any shape. The physical image of an official stamp created by a physical stamping device must be not more than one and one-half inches high and two and one-half inches wide and it must include an image of the great seal of the state of Arizona. The electronic image of an official stamp created by an electronic stamping device must be legible when reproduced together with the record with which it is logically associated.
C. A notary public may not affix or attach the notary public's official stamp over the notary public's signature or over any other signature on the record that is the subject of the notarial act.
D. The official stamp of a notary public is an official seal of office for the purposes of the laws of this state.
Sec. 8. Section 41-269, Arizona Revised Statutes, is amended to read:
41-269. Commission as notary public; confidential information; 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. Except for the applicant's name and business address, all information provided on the application is confidential and may not be disclosed to any person other than the applicant, the applicant's guardian or 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 provided on the application only for carrying out the purposes of this article. The secretary of state may request any reasonably necessary information from an applicant, including any of the following:
1. prior criminal records.
2. A valid fingerprint CLEARANCE card issued pursuant to section 41-1758.03.
3. An affidavit EXPLAINING whether the applicant has:
(a) Been convicted of a felony or a misdemeanor.
(b) had any business or professional license denied, suspended or revoked or had any other disciplinary action taken or administrative order entered AGAINST the applicant by any regulatory agency in this state or in any other state.
(c) had any adverse decision or judgment entered against the applicant arising out of the conduct of any business in or involving a transaction in real estate, cemetery property, timeshare intervals or membership camping campgrounds or contracts involving fraud, dishonesty or moral turpitude.
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 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. Be able to read, write and understand English.
5. Not be disqualified to receive a commission under section 41-271.
6. Have passed the examination described in section 41-270 if required by the secretary of state.
7. Keep as a reference a manual that is approved by the secretary of state and that describes the duties, authority and ethical responsibilities of a notary public.
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. Before issuance of a commission as a notary public, 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. An employer may not cancel the assurance of any notary public who is an employee and who leaves such employment.
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.
G. A notary public is a public officer commissioned by this state and all of 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 a stamping device or journal:
1. A notary public's stamping device, and commission and any journal that contains only public record entries remain the property of the notary public.
2. A notary public may perform notarial acts 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 may not limit the notary public's services to customers or other persons designated by the employer.
H. This state or any political subdivision of this state may pay the fees and costs for the commissioning of a notary public who is an employee of this state or any political subdivision of this state and who performs notarial acts in the course of the notary public's employment or for the convenience of public employees.
Sec. 9. Title 41, chapter 2, article 1, Arizona Revised Statutes, is amended by adding sections 41-269.01, 41-269.02 and 41-269.03, to read:
41-269.01. Electronic filing; acceptance
A. Unless otherwise PROHIBITED by law, any DOCUMENT that is required to be filed pursuant to this article may be filed in an electronic format that is approved by the secretary of state.
B. Any document that is filed in accordance with this article is deemed to comply with all of the following:
1. The filing requirements of this article.
2. The requirement that a filing be submitted with a written signature.
3. Any requirement that the filing be filed under penalty of perjury.
C. The secretary of state may adopt rules that require that any person who submits a document for filing pursuant to this section also submit a tangible copy of the document as a prerequisite to the document being deemed filed.
D. Except as provided in this section, all civil and criminal statutes applicable to the filing of paper documents apply to all documents filed pursuant to this section.
41-269.02. Notary applicants; fingerprint clearance cards
A. Before receiving and holding a commission issued pursuant to this chapter, each applicant shall obtain a valid fingerprint clearance card that is issued pursuant to section 41-1758.03.
B. The applicant is responsible for providing the secretary of state WITH a valid fingerprint clearance card.
C. The secretary of state may not issue a commission to an original applicant before receiving a valid fingerprint clearance card pursuant to this section. the secretary of state shall suspend the COMMISSION if the fingerprint clearance card is determined to be invalid or is suspended and an applicant who was issued a notary COMMISSION fails to submit a valid fingerprint clearance card within ten days after being notified by the department of public safety.
D. This section does not affect the secretary of state's authority to otherwise issue, deny, cancel, terminate, suspend or revoke a COMMISSION.
41-269.03. Misrepresentation of commission; cease and desist; attorney general
The secretary of state may issue a cease and desist order against a person who the secretary of state has reason to believe is acting as a notary public without a current commission and may refer the matter to the attorney general to conduct a criminal investigation.
Sec. 10. Section 41-271, Arizona Revised Statutes, is amended to read:
41-271. 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 competence or reliability to act as a notary public, including any of the following:
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. A conviction after a plea of no contest is deemed to be a conviction for the purposes of this paragraph.
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 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 this state or another state.
9. Failure of the notary public to maintain an assurance as provided in section 41-269, subsection D.
10. Charging more than the fees authorized by this article or rule.
11. The return for insufficient funds or for any other reason for nonpayment of a check issued for the assurance filing fees or application fees to the secretary of state.
12. Failure to respond to any request for information or to comply with any investigation initiated by the secretary of state or the attorney general.
13. The prior revocation of a notary public commission in this state.
B. If the secretary of state denies, refuses to renew, revokes, suspends or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and a hearing in accordance with chapter 6, article 10 of this title. The denial of an application or revocation or suspension of a commission is an appealable agency action. If an applicant appeals the denial of an application, the applicant may not submit a new application for consideration while the appeal is pending. If an individual's commission as a notary public in this state is revoked, the individual may not submit a new application for commission for one year after the date of revocation.
C. 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.
Sec. 11. Section 41-314, Arizona Revised Statutes, is amended to read:
41-314. Notary bond fund; purpose; exemption
A. The notary bond fund is established consisting of monies received pursuant to section sections 41-178 and 41-334.
B. The secretary of state shall administer the fund and spend monies in the fund in order to defray the cost of the secretary of state's office assuming the responsibilities associated with the processing and administration of notary bonds.
C. On notice from the secretary of state, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
D. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations.
Sec. 12. Section 41-317, Arizona Revised Statutes, is amended to read:
41-317. Resignation; delivering notary seal, notarial journal and records; failure to comply; storing records; certified copies
A. A notary public shall submit the notary public's resignation in writing to the secretary of state.
B. On the resignation or revocation of a notarial commission or the death of a notary public, any physical stamping device, and notarial journal and records, except those records of notarial acts that are not public record, shall be delivered by certified mail or other means providing a receipt to the secretary of state. If a notary public does not apply for reappointment, on expiration of the notarial commission, the device, and the notarial journal and records shall be delivered to the secretary of state as required for resignation under this subsection. A notary public who neglects for three months thereafter to deposit such records, device and papers, or the personal representative of a deceased notary public who neglects for three months after appointment to deposit such records, device and papers, shall forfeit to the state not less than $50 or more than $500.
C. While a notary public is commissioned, a the notary public shall keep all records and journals of the notary public's acts for at least five ten years after the date the notarial act was performed. On receipt of the records and journals from a notary public who no longer is commissioned, the secretary of state shall keep all records and journals of notaries public deposited in the secretary of state's office for five ten years and shall give certified copies thereof when required, and for the copy certifications the secretary of state shall receive the same fees as are by law allowed to notaries public. The copy certifications shall be as valid and effectual as if given by a notary public.
Sec. 13. Section 41-319, Arizona Revised Statutes, is amended to read:
41-319. Journal
A. A notary public shall keep a paper journal to chronicle all notarial acts performed regarding tangible records. A notary public shall keep either a paper journal or one or more electronic journals to chronicle all notarial acts performed regarding electronic records. Except as prescribed by subsection E of this section, a notary public shall keep only one paper journal at a time. The notary public shall record all notarial acts in chronological order. The notary public shall furnish, when requested, a certified copy of any public record in the notary public'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 and type of notarial act.
3. The printed full name and address of each individual for whom a notarial act is performed.
4. If a paper journal is used, the signature of each individual for whom a notarial act is performed.
5. The type of satisfactory evidence of identity presented to the notary public by each individual for whom a notarial act is performed, or a notation that the notary public's personal knowledge of the individual was used as satisfactory evidence of identity.
6. A description of the identification card or document, if any, including its date of issuance or expiration.
7. The fee, if any, charged for the notarial act.
8. Except for notarial acts performed for remotely located iNDIVIDUALs under section 41-263, the notary public's legible thumbprint.
9. except for notarial acts performed for remotely located INDIVIDUALs under section 41-263, If the notary public is notarizing a quitclaim deed or warranty deed, the legible thumbprint of the notary public and the INDIVIDUAL for whom the notarial act is performed.
B. If a notary public has personal knowledge of the identity of a signer, the notary public shall retain a paper or electronic copy of the notarized documents for each notarial act in lieu of making a journal entry or the notary public shall make a journal entry pursuant to the requirements of subsection A, paragraphs 1, 2, 3, 4, 5 and 7 of this section.
C. Except for notarial acts performed for remotely located individuals under section 41-263, if a notary public performs more than one notarization for an individual within a six month period, the notary public shall have the individual provide satisfactory evidence of identity as required under section 41-255 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 public performs more than one notarization of the same type for a signer either on similar records or within the same record and at the same time, the notary public may group the records 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 public'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 public of a written request that details the month and year of the notarial act, the name of the individual whose signature was notarized and the type of record or transaction.
Sec. 14. Section 41-323, Arizona Revised Statutes, is amended to read:
41-323. Change of address; lost, stolen or compromised journal or seal; civil penalty; presumption; exception
A. Within thirty days after the change of a notary public's email, 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. If the notary public failed to comply with subsection A of this section, the secretary of state may impose a civil penalty of $25 against the notary. If the notary public failed to comply with subsection B of this section, the secretary of state shall impose a civil penalty of $1,000 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. Failure to pay a penalty may be referred to the attorney general for collection.
D. In a judicial proceeding where the identity of a party to a notarized instrument is in question, the official journal of the notary public is lost, stolen or compromised and the notary complied with this section, a presumption shall be given to the validity of the identity of the party who signed the instrument. If it is determined that the official journal never existed or that the notary public failed to comply with this section, no presumption shall apply that the identity of the party who signed the notarized instrument in question is valid.
E. In an action in which the validity of a notarized document is at issue and it is determined that the notary public did not comply with this section, the court shall provide notice of such findings to the secretary of state and the county attorney for the county in which the violation occurred.
Sec. 15. Title 41, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 41-334, to read:
41-334. Deposit; notary bond fund
For every original notary application filed pursuant to this chapter, the secretary of state shall deposit, pursuant to sections 35-146 and 35-147, $6 of every application and bond filing fee in the Notary bond fund established by section 41-314.
Sec. 16. Section 41-619.51, Arizona Revised Statutes, is amended to read:
41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy, or the Arizona department of housing or the secretary of state's office.
2. "Board" means the board of fingerprinting.
3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804.
4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55.
6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:
(a) Section 3-314.
(b) Section 8-105.
(c) Section 8-322.
(d) Section 8-463.
(e) Section 8-509.
(f) Section 8-802.
(g) Section 8-804.
(h) Section 15-183.
(i) Section 15-503.
(j) Section 15-512.
(k) Section 15-534.
(l) Section 15-763.01.
(m) Section 15-782.02.
(n) Section 15-1330.
(o) Section 15-1881.
(p) Section 17-215.
(q) Section 28-3228.
(r) Section 28-3413.
(s) Section 32-122.02.
(t) Section 32-122.05.
(u) Section 32-122.06.
(v) Section 32-823.
(w) Section 32-1232.
(x) Section 32-1276.01.
(y) Section 32-1284.
(z) Section 32-1297.01.
(aa) Section 32-1904.
(bb) Section 32-1941.
(cc) Section 32-1982.
(dd) Section 32-2022.
(ee) Section 32-2063.
(ff) Section 32-2108.01.
(gg) Section 32-2123.
(hh) Section 32-2371.
(ii) Section 32-3430.
(jj) Section 32-3620.
(kk) Section 32-3668.
(ll) Section 32-3669.
(mm) Section 32-3922.
(nn) Section 32-3924.
(oo) Section 32-4222.
(pp) Section 32-4128.
(qq) Section 36-113.
(rr) Section 36-207.
(ss) Section 36-411.
(tt) Section 36-425.03.
(uu) Section 36-446.04.
(vv) Section 36-594.01.
(ww) Section 36-594.02.
(xx) Section 36-766.01.
(yy) Section 36-882.
(zz) Section 36-883.02.
(aaa) Section 36-897.01.
(bbb) Section 36-897.03.
(ccc) Section 36-3008.
(ddd) Section 41-269.02.
(ddd) (eee) Section 41-619.53.
(eee) (fff) Section 41-1964.
(fff) (ggg) Section 41-1967.01.
(ggg) (hhh) Section 41-1968.
(hhh) (iii) Section 41-1969.
(iii) (jjj) Section 41-2814.
(jjj) (kkk) Section 41-4025.
(kkk) (lll) Section 46-141, subsection A or B.
(lll) (mmm) Section 46-321.
Sec. 17. Section 41-1758, Arizona Revised Statutes, is amended to read:
41-1758. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy, or the Arizona department of housing or the secretary of state's office.
2. "Division" means the fingerprinting division in the department of public safety.
3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.
4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55.
5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:
(a) Section 3-314.
(b) Section 8-105.
(c) Section 8-322.
(d) Section 8-463.
(e) Section 8-509.
(f) Section 8-802.
(g) Section 15-183.
(h) Section 15-503.
(i) Section 15-512.
(j) Section 15-534.
(k) Section 15-763.01.
(l) Section 15-782.02.
(m) Section 15-1330.
(n) Section 15-1881.
(o) Section 17-215.
(p) Section 28-3228.
(q) Section 28-3413.
(r) Section 32-122.02.
(s) Section 32-122.05.
(t) Section 32-122.06.
(u) Section 32-823.
(v) Section 32-1232.
(w) Section 32-1276.01.
(x) Section 32-1284.
(y) Section 32-1297.01.
(z) Section 32-1904.
(aa) Section 32-1941.
(bb) Section 32-1982.
(cc) Section 32-2022.
(dd) Section 32-2063.
(ee) Section 32-2108.01.
(ff) Section 32-2123.
(gg) Section 32-2371.
(hh) Section 32-3430.
(ii) Section 32-3620.
(jj) Section 32-3668.
(kk) Section 32-3669.
(ll) Section 32-3922.
(mm) Section 32-3924.
(nn) Section 32-4128.
(oo) Section 32-4222.
(pp) Section 36-113.
(qq) Section 36-207.
(rr) Section 36-411.
(ss) Section 36-425.03.
(tt) Section 36-446.04.
(uu) Section 36-594.01.
(vv) Section 36-594.02.
(ww) Section 36-766.01.
(xx) Section 36-882.
(yy) Section 36-883.02.
(zz) Section 36-897.01.
(aaa) Section 36-897.03.
(bbb) Section 36-3008.
(ccc) Section 41-269.02.
(ccc) (ddd) Section 41-619.52.
(ddd) (eee) Section 41-619.53.
(eee) (fff) Section 41-1964.
(fff) (ggg) Section 41-1967.01.
(ggg) (hhh) Section 41-1968.
(hhh) (iii) Section 41-1969.
(iii) (jjj) Section 41-2814.
(jjj) (kkk) Section 41-4025.
(kkk) (lll) Section 46-141, subsection A or B.
(lll) (mmm) Section 46-321.
6. "Vulnerable adult" has the same meaning prescribed in section 13-3623.
Sec. 18. Section 41-1758.01, Arizona Revised Statutes, is amended to read:
41-1758.01. Fingerprinting division; powers and duties
A. The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3430, 32-3620, 32-3668, 32-3669,
32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-3008, 41-269.02, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814, and 41-4025, section 46-141, subsection A or B and section 46-321.
2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41-619.53 and deposit, pursuant to sections 35-146 and 35-147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41-1758.03, 41-1758.04 or 41-1758.07.
5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.
6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41-1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.
7. Administer and enforce this article.
B. The fingerprinting division may contract for electronic or internet-based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15-106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:
1. All information privacy and security measures and submission standards established by the department of public safety.
2. The information technology security policy approved by the department of public safety.