The proposed bill updates current statutes regarding notary public requirements in Arizona by introducing several key changes. It specifies that only clerks and deputy clerks of courts with a seal can perform notarial acts,
removing the authorization for licensed attorneys to do so. Additionally, the bill recognizes the validity of notarial acts performed by judges and clerks from other states and federally recognized Indian tribes. It mandates that individuals seeking a notary public commission must obtain a valid fingerprint clearance card,
clarifying that the responsibility for providing this card lies with the applicant. The Secretary of State is prohibited from issuing a commission without this clearance and is authorized to suspend a notary's commission if their clearance card becomes invalid.
Furthermore, the bill introduces new requirements for individuals submitting documents affecting real property,
mandating that they provide valid government-issued identification and an additional form of ID unless they are exempted categories such as escrow officers, title insurance agents, or members of the state bar. It also establishes new sections that outline the procedures for electronic filings and the necessary identification for notaries, including the requirement for a fingerprint clearance card for applicants seeking a notary commission. The updates aim to modernize the notarial process and improve the integrity of legal document recording in Arizona, including
the introduction of penalties for unauthorized notarial acts and the authority for the Secretary of State to issue cease and desist orders against individuals acting as notaries without a valid commission.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