HB 2588
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: GOV DPA 9-0-0-0
HB 2588: notary public; requirements
Sponsor: Representative Dunn, LD 25
House Engrossed
Overview
Makes various changes to statute relating to notary public requirements.
History
An applicant for commission as a notary public must provide information required by the
rules established by the Secretary of State (SOS) and pay an application fee. In order to be
commissioned as a notary public in Arizona, an individual must:
1) be at least 18 years old;
2) be a citizen or permanent legal resident of the United States and a resident of Arizona
for income tax purposes;
3) be able to read, write and understand English;
4) not be disqualified to receive a commission under statute;
5) have passed the prescribed examination if required by the SOS; and
6) keep as a reference a manual approved by the SOS that describes the authority,
duties and ethical responsibilities of a notary public (A.R.S. § 41-269).
Provisions
1. Stipulates that if a document to be recorded is a deed, quitclaim deed or deed of trust or
other document that affects real property, an individual must provide the recorder with
to valid forms of identification, unless it is submitted by:
a) an escrow officer;
b) a title insurance agent or title insurer;
c) a state or federally chartered bank insured by the Federal Deposit Insurance
Corporation;
d) an active member of the State Bar of Arizona;
e) an agency, branch or instrumentality of the federal government;
f) a trusted submitter as defined in statute; or
g) a governmental entity. (Sec. 1)
2. Specifies that a judge of a court of record may perform a notarial act. (Sec. 2)
3. Clarifies that a clerk or deputy clerk of a court of record must have a seal to perform a
notarial act. (Sec. 2)
4. Removes an individual who is licensed to practice law from those authorized to perform
a notarial act. (Sec. 2)
5. Clarifies that the notary public must have satisfactory evidence of the identity of the
remotely located individual. (Sec. 6) HB 2588
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6. Includes the name of the communication technology used to perform a remote notarial
act in what must be included on the certificate of notarial act. (Sec. 6)
7. Modifies the time period a notarial act recording and journals must be retained for to 10
years, rather than 5 years. (Sec. 6, 12)
8. Adds that a notary public's official stamp must include:
a) the notary public's commission number;
b) the great seal of the State of Arizona; and
c) the commission specific to the remote or electronic notary, if applicable. (Sec. 7)
9. Instructs a notarial certificate that is attached to a document to include:
a) a description of the document;
b) the title of or the type of document;
c) the date;
d) the number of pages of the document; and
e) any additional individuals who signed the document other than those on the notarial
certificate. (Sec. 7)
10. Authorizes the SOS to request any reasonably necessary information from an applicant,
including:
a) prior criminal records;
b) a valid fingerprint clearance card; and
c) an affidavit explaining whether the applicant has been convicted of a felony or
misdemeanor, had any business or professional license denied, suspended or revoked,
or had any adverse judgment entered against the applicant. (Sec. 8)
11. Allows, unless otherwise prohibited by law, any document to be filed in an electronic
format approved by the SOS. (Sec. 9)
12. Specifies that any electronically filed document is deemed to comply with:
a) the prescribed filing requirements;
b) the requirement that a filing be submitted with a written signature; and
c) any requirement that the filing be filed under the penalty of perjury. (Sec. 9)
13. Permits the SOS to adopt rules that require a person electronically filing a document to
also submit a tangible copy for the document to be deemed filed. (Sec. 9)
14. Applies all civil and criminal statutes applicable to filing of paper documents to
electronically submitted documents. (Sec. 9)
15. Requires a notary commission applicant to obtain and provide the SOS with a valid
fingerprint clearance card (FCC). (Sec. 9)
16. Prohibits the SOS from issuing a commission to an original applicant before receiving a
valid FCC. (Sec. 9)
17. Directs the SOS to suspend the commission if the FCC is invalid or suspended and the
notary commission applicant fails to submit a valid FCC within 10 days after being
notified by the Arizona Department of Public Safety. (Sec. 9)
18. Clarifies that provisions relating to FCCs do not affect the SOS's authority to issue, deny,
cancel, terminate, suspend or revoke a commission. (Sec. 9)
19. Allows the SOS to: HB 2588
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a) issue a cease and desist order against a person who is believed to be acting as a notary
public without a current commission; and
b) refer the matter to the Attorney General for criminal investigation. (Sec. 9)
20. Specifies that denial, refusal to renew, revocation, suspension or conditioning of a notary
public commission in this state is also grounds for a notary public not being commissioned.
(Sec. 10)
21. Adds the notary public's legible thumbprint to the requirements that must be included in
each journal entry of the notary public, except for notarial acts performed for remotely
located individuals. (Sec. 13)
22. Requires the legible thumbprint of the notary public and the individual for whom the
notarial act is performed to what must be included on a notary public's journal when
notarizing a quitclaim deed or warranty deed, except for notarial acts performed for
remotely located individuals. (Sec. 13)
23. Includes that if there is a change to a notary public's email address, the notary public
must send notice as prescribed to the SOS within 30 days after the change. (Sec. 14)
24. Directs the SOS to deposit $6 of each original notary application and bond filing fee in the
Notary Bond Fund. (Sec. 15)
25. Modifies the definition of agency as it relates to the Board of Fingerprinting and
Fingerprinting Division to include the SOS's Office. (Sec. 16, 17)
26. Makes technical and conforming changes. (Sec. 2-6, 8, 10-12, 16-18)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note