Bill Text: AZ HB2828 | 2021 | Fifty-fifth Legislature 1st Regular | Engrossed
Bill Title: Remote online notaries; fees
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-03-08 - Senate read second time [HB2828 Detail]
Download: Arizona-2021-HB2828-Engrossed.html
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House Engrossed
remote online notaries; fees |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2828 |
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AN ACT
amending section 41-376, Arizona Revised Statutes; relating to Remote Online Notarization.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-376, Arizona Revised Statutes, is amended to read:
41-376. Remote online notarization procedures
A. Before performing a remote online notarization, a notary public shall:
1. Reasonably confirm that an electronic record before the notary public is the same electronic record in which the remotely located individual made a statement or on which the remotely located individual executed or adopted a signature.
2. Take reasonable steps to ensure that the communication technology used in the remote online notarization is secure from unauthorized interception.
B. In performing a remote online notarization for a remotely located individual, a notary public shall reasonably verify the identity of the individual by any of the following:
1. The notary public's personal knowledge of the individual.
2. Each of the following:
(a) The individual's remote presentation of an identification credential that constitutes satisfactory evidence of identity as defined in section 41-311.
(b) Credential analysis of the identification credential described in subdivision (a) of this paragraph.
(c) Identity proofing of the individual.
3. The oath or affirmation of a credible witness with personal knowledge of the individual who appears before and is identified by the notary public either:
(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.
C. A notary public may:
1. Require a remotely located individual to provide additional information necessary to assure the notary public of the identity of the individual.
2. Refuse to perform a remote online notarization if the notary public is not satisfied as to the identity of the remotely located individual.
3. Charge any fee for each remote online notarial act.
D. Notwithstanding section 41-313, subsection B, paragraph 3, a translator may be a remotely located individual if the translator, signer and notary public communicate by means of communication technology.
E. Section 41-319, subsection C does not apply to remote online notarizations.
F. The notarial certificate for a remote online notarization must indicate that the notarial act was a remote online notarization performed by means of communication technology. A notarial certificate is sufficient to satisfy the requirement of this subsection if it either:
1. Complies with rules adopted under section 41-372.
2. Is in a form otherwise sufficient under the laws of this state and contains a statement substantially as follows: "this remote online notarization involved the use of communication technology".
