First Regular Session S.B. 1030
PROPOSED
SENATE AMENDMENTS TO S.B. 1030
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 41-319, Arizona Revised Statutes, is amended to read:
41-319. Journal
A. The notary shall keep a paper journal and, except as prescribed by subsection E of this section, shall keep only one journal at a time. The notary shall record all notarial acts in chronological order. The notary shall furnish, when requested, a certified copy of any public record in the notary'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 or type of notarial act.
3. The printed full name, signature and address of each person for whom a notarial act is performed.
4. The type of satisfactory evidence of identity presented to the notary by each person for whom a notarial act is performed, if other than the notary's personal knowledge of the individual is used as satisfactory evidence of identity.
5. A description of the identification document, its serial or identification number and its date of issuance or expiration.
6. The fee, if any, charged for the notarial act.
B. If a notary has personal knowledge of the identity of a signer, the requirements of subsection A, paragraphs 1 through 5 of this section may be satisfied by the notary retaining a paper or electronic copy of the notarized documents for each notarial act.
C. If a notary does more than one notarization for an individual within a six month period, the notary shall have the individual provide satisfactory evidence of identity 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 performs more than one notarization of the same type for a signer either on like documents or within the same document and at the same time, the notary may group the documents 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 may 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's journal is a public record that may be viewed by or copied for any member of the public, but only upon on presentation to the notary of a written request that details the month and year of the notarial act, the name of the person whose signature was notarized and the type of document or transaction.
Sec. 2. Section 41-330, Arizona Revised Statutes, is amended to read:
41-330. Grounds for refusal, revocation or suspension of commission
A. The secretary of state may refuse to appoint any person as a notary public, or may revoke or suspend the commission of any notary public or may require that a notary public attend a notary training course instead of or in addition to a suspension for any of the following reasons:
1. Substantial and material misstatement or omission in the application for a notary public commission that is submitted to the secretary of state.
2. Conviction of a felony unless restored to civil rights, or of a lesser offense involving moral turpitude or of a nature that is incompatible with the duties of a notary public. A conviction after a plea of no contest is deemed to be a conviction for purposes of this paragraph.
3. Revocation, suspension, restriction or denial of a professional license if that action was for misconduct, dishonesty or any cause that substantially relates to the duties or responsibilities of a notary public.
4. Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public.
5. The use of false or misleading advertising in which the notary public has represented that the notary public has duties, rights or privileges that the notary public does not possess by law.
6. Charging more than the fees authorized by statute or rule.
7. The commission of any act involving dishonesty, fraud or deceit with the intent to substantially benefit the notary public or another person or to substantially injure another person.
8. Failure to complete the acknowledgment or jurat at the time the notary's signature and seal are affixed to the document.
9. Failure to administer the oath or affirmation required at the time of performing a jurat for an individual.
10. Execution of any notarial certificate by the notary public containing a statement known by the notary public to be false.
11. The return for insufficient funds or any other reason for nonpayment of a check issued for the bond filing fees or the application fees to the secretary of state.
12. Notarizing a document that contains no notarial certificate.
B. If an application is denied, the secretary of state shall notify the applicant within thirty days after receipt of the application and shall state the reasons for the denial. If a person appeals the denial of an application, the person may not submit a new application for consideration while the appeal is pending.
C. The secretary of state may suspend the commission of a notary for at least thirty days and for not more than one hundred eighty days.
D. If a person has had a notary commission in this state revoked, the person may not submit a new application for a notary commission for one year after the date of the revocation. The secretary of state may refuse to again appoint the person as a notary public for an indefinite period of time.
E. On denial of an application or revocation or suspension of a notary public's commission, the secretary of state shall give notice to the notary public person and shall provide the person with notice of the opportunity for a hearing on the denial of an application or revocation or suspension pursuant to chapter 6, article 10 of this title. The denial of an application or revocation or suspension of a notary public commission is an appealable agency action."
Renumber to conform
Page 1, line 23, after "commission" insert ", the commission number"
Page 2, strike lines 1 through 5
Renumber to conform
Line 20, strike "december 31, 2019" insert "July 1, 2020"
Line 23, after "for" insert "applications and registration,"
Page 2, line 25, strike "41-375" insert "41-374"
Strike lines 28 through 44
Page 3, strike lines 1 through 36
Line 37, strike "41-374" insert "41-373"
Line 39, strike "under section 41-373" insert "by the secretary of state"
Page 4, line 10, strike "41-375" insert "41-374"
Line 12, after "in" strike remainder of line
Strike line 13
Line 14, strike "under section 41-373 may keep the journal required by section 41-319" insert "chronological order in one or more journals maintained"
Line 16, after the period insert "a notary public may not record a remote online notarial act in a paper journal required by section 41-319. Each journal entry under this subsection shall include:
1. The date and time of the notarial act.
2. a description of the record, if any, and type of notarial act.
3. The full name and address of each individual for whom the remote online notarial act is performed.
4. If the identity of the individual is based on personal knowledge, a statement to that effect.
5. If the identity of the individual is based on credential analysis and identity proofing, a brief description of the results of the identity verification process and the identification credential presented, including the date of issuance and expiration of the identification credential but not its serial or identification number.
6. If the identity of the individual is based on an oath or affirmation of a credible witness, the information required by paragraphs 3, 4 and 5 of this subsection with respect to the credible witness.
7. A fee, if any, charged by the notary public."
Line 24, strike ", if applicable, the" insert "an"
Line 30, after "retain" insert "an electronic journal kept by the notary public pursuant to subsection A of this section and"
Page 4, line 31, after "the" insert "journal and"
Line 32, after the second "the" insert "journal and"
Line 33, after the first "the" insert "journal and"; strike "ten" insert "five"; strike "from" insert "after"
Line 35, after "E." insert "An electronic journal kept by the notary public pursuant to subsection A of this section and"
Line 36, strike "is" insert "are"
Line 39, strike "41-376" insert "41-375"
Page 5, line 21, strike "41-377" insert "41-376"
Lines 25 and 26, strike "principal" insert "remotely located individual"
Line 30, after "notarization" insert "for a remotely located individual"
Lines 31 and 33, strike "principal" insert "individual"
Line 35, strike "principal's" insert "individual's"
Line 40, strike "principal" insert "individual"
Line 41, after "3." insert "the"; after "witness" insert "with personal knowledge of the individual"; after "who" insert "appears before and is identified by the notary public"
Strike lines 42 through 45, insert:
"(a) Through satisfactory evidence of identity as defined in section 41-311 while in the physical presence of the notary public.
(b) As a remotely located individual under paragraph 1 or 2 of this subsection."
Page 6, line 2, strike "principal or credible witness" insert "remotely located individual"
Line 4, strike "principal or credible witness" insert "individual"
Line 6, strike "principal" insert "remotely located individual"
Strike lines 7 through 9
Reletter to conform
Line 12, strike "principal" insert "signer"
Line 24, strike "41-378" insert "41-377"
Line 42, strike "41-375" insert "41-374"
Page 7, line 1, strike "41-379" insert "41-378"
Line 4, strike "a principal" insert "an individual"
Line 7, strike "principal's" insert "remotely located individual's"
Line 8, strike "41-377" insert "41-376"
Line 10, strike "principal" insert "individual"
Line 20, strike "41-380" insert "41-379"
Line 23, strike "principal" insert "remotely located individual"
Line 29, strike "41-381" insert "41-380"
Page 8, line 23, strike "December 31, 2019" insert "June 30, 2020"
Amend title to conform