The proposed bill updates current statutes regarding notary public requirements in Arizona by specifying that only clerks and deputy clerks of courts with a seal can perform notarial acts, thereby
removing the previous authorization for licensed attorneys to do so. It introduces a requirement for individuals seeking a notary public commission to obtain a valid fingerprint clearance card, which the Secretary of State cannot issue a commission without. The bill also recognizes the validity of notarial acts performed by judges and clerks from other jurisdictions and establishes new electronic filing procedures for documents. Additionally, it mandates new recordkeeping requirements for notaries, including the inclusion of thumbprints in their journals and the specification of communication technology used for remote notarizations.
Furthermore, the bill enhances the responsibilities of notaries public by requiring individuals submitting certain documents to provide valid government-issued identification and an additional form of ID, with exceptions for specific exempt entities. It mandates the retention of identification copies for at least twenty-four months and allows the Secretary of State to request additional information from applicants, including prior criminal records. The bill also modifies the definition of "agency" to include the Secretary of State's office concerning fingerprinting and makes various technical and conforming changes throughout the statutes. Overall, these updates aim to modernize the legal framework surrounding document recording and notarial practices in Arizona, with certain sections taking effect after December 31, 2025.
Statutes affected: Introduced Version: 11-472, 41-258, 41-259, 41-260, 41-261, 41-263, 41-266, 41-269, 41-269.01, 41-269.02, 41-269.03, 41-271, 41-314, 41-319, 41-323, 41-334, 41-619.51, 41-1758, 41-1758.01, 20-1562, 11-461, 41-254, 41-255, 41-264, 41-265, 41-275, 41-1758.03, 41-270, 41-178, 35-313, 35-190, 35-146, 35-147, 41-619.57, 8-804, 41-619.55, 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, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814, 41-4025, 46-141, 46-321, 41-619.52, 41-1750, 13-3623
House Engrossed Version: 11-472, 41-258, 41-259, 41-260, 41-261, 41-263, 41-266, 41-269, 41-269.01, 41-269.02, 41-269.03, 41-271, 41-314, 41-319, 41-323, 41-334, 41-619.51, 41-1758, 41-1758.01, 16-579, 20-1562, 11-461, 41-254, 41-255, 41-264, 41-265, 41-275, 41-1758.03, 41-270, 41-178, 35-313, 35-190, 35-146, 35-147, 41-619.57, 8-804, 41-619.55, 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, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814, 41-4025, 46-141, 46-321, 41-619.52, 41-1750, 13-3623