ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

 

HB 2008: notary public; requirements

Sponsor: Representative Gillette, LD 30

Committee on Government

Overview

Modifies certain statutory requirements related to a notary public.

History

An applicant for commission as a notary public must provide information required by the rules established by the Secretary of State and pay an application fee. In order to be commissioned as a notary public in Arizona, an individual must meet certain minimum qualifications, such as being at least 18 years old, a United States citizen or permanent legal resident and have passed the required examination if required by the Secretary of State (A.R.S. § 41-269).

Provisions

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAuthorization to Perform Notarial Acts

1.   Requires, for a judge to perform a notarial act in Arizona, that they be a judge of a court of record. (Sec. 2)

2.   Specifies that only clerks and deputy clerks of courts of records that have a seal can perform notarial acts in Arizona. (Sec. 2)

3.   Removes the authorization of an individual licensed to practice law in Arizona to perform a notarial act. (Sec. 2)

4.   Recognizes the validity of notarial acts performed by judges, clerks and deputy clerks of courts of record in other states, under federal law and in the jurisdiction of federally recognized Indian tribes. (Sec. 3, 4, 5)

Commission of a Notary Public

5.   Allows the Secretary of State to request any reasonably necessary information from a person applying for commission as a notary public, including prior criminal records, a valid fingerprint clearance card and an affidavit containing specified information, such as whether the applicant has been convicted of a crime or had any professional license denied. (Sec. 8)

6.   Requires, for a person to receive or hold a commission as a notary public, that the person obtain a valid fingerprint clearance card. (Sec. 9)

7.   Clarifies that it is the responsibility of the applicant to provide the Secretary of State with a valid fingerprint clearance card. (Sec. 9)

8.   Prohibits the Secretary of State from issuing a commission to an applicant before receiving a valid fingerprint clearance card. (Sec. 9)

9.   Authorizes the Secretary of State to suspend a notary public's commission if their fingerprint clearance card is determined to be invalid or suspended. (Sec. 9)

10.  Clarifies that the provisions relating to fingerprint clearance cards do not affect the Secretary of State's authority to issue, deny, cancel, terminate, suspend or revoke a commission. (Sec. 9)

11.  Adds that the denial, refusal to renew, revocation, suspension or conditioning of a notary public commission in this state is suitable grounds for the Secretary of State to deny, refuse to renew, revoke, suspend or impose a condition on a commission. (Sec. 10)

Electronic Filing of Documents

12.  Allows, unless otherwise prohibited by law, any document to be filed in an electronic format approved by the Secretary of State. (Sec. 9)

13.  Designates electronically filed documents as in compliance with:

a)   the prescribed filing requirements;

b)   the requirement that filings be submitted with written signatures; and

c) the requirement that filings are filed under penalty of perjury. (Sec. 9)

14.  Authorizes the Secretary of State to adopt rules requiring any person who submits a document for electronic filing to also submit a tangible copy of the document as a prerequisite to the document being deemed filed. (Sec. 9)

15.  Clarifies that all civil and criminal statutes that apply to the filing of paper documents apply to the electronic filing of documents, unless otherwise prescribed. (Sec. 9)

Recording of Documents that affect Real Property

16.  Requires individuals submitting deeds, quitclaim deeds, deeds of trust or other documents affecting real property to provide the County Recorder with two valid forms of identification. (Sec. 1)

17.  Exempts, from the requirement to submit two valid forms of identification when submitting documents affecting real property for recording:

a)   escrow officers;

b)   title insurance agents or title insurers as defined by statute;

c)  state or federally charted banks insured by the Federal Deposit Insurance Corporation;

d)   active members of the State Bar of Arizona;

e)   agencies, branches or instrumentalities of the federal government;

f) trusted submitters as defined by statute; and

g)   government entities. (Sec. 1)

Recordkeeping Requirements

18.  Requires, for remote notarizations, the certificate of notarial act and the short form certificate indicate the name of the communication technology used to perform the notarization. (Sec. 6)

19.  Adds, that a notary public's official stamp, for remote or electronic notarizations, must contain the commission that is specific to the remote or electronic notary. (Sec. 7)

20.  Requires, if a notarial officer attaches a notarial certificate to a document on a separate sheet of paper, the attachment include:

a)   the title of or the type of document;

b)   the date;

c) the number of pages of the document; and

d)   any additional individuals who signed the document other than those on the notarial certificate. (Sec. 7)

21.  Includes, in the items a notary public must include in each journal entry, except for remote notarizations, the notary public's legible thumbprint. (Sec. 12)

22.  Requires a notary public to include a legible thumbprint of the notary public and the individual for whom the notarial act is performed in their journal, unless the notarial act is performed for a remotely located individual. (Sec. 12)

Miscellaneous Provisions

23.  Allows the Secretary of State to issue a cease and desist order against any person who they have reason to believe is acting as a notary public without current commission. (Sec. 9)

24.  Authorizes the Secretary of State to refer matters involving persons reasonably believed to be acting as notaries without current commissions to the Attorney General to conduct a criminal investigation. (Sec. 9)

25.  Requires notary publics to notify the Secretary of State within 30 days after changing their email address. (Sec. 13)

26.  Directs the Secretary of State, for every original notary application filed, to deposit $6 of every application and bond filing fee into the Notary Bond Fund. (Sec. 14)

27.  Modifies the definition of agency as it relates to the Board of Fingerprinting and Fingerprinting Division to include the Secretary of State's office. (Sec. 15, 16)

28.  Makes technical and conforming changes. (Sec. 2, 6, 8, 10, 11, 15, 16, 17)

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32.                    HB 2008

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