ID House Bill 446

Legislation

State: Idaho
Signed: March 14, 2018

Effective: July 01, 2018
Chapter: 77

Summary

House Bill 446 creates new seal rules and clarifies certain commissioning provisions.

Affects

Amends Section 51-117, 51-118, 51-121, 51-123, and 51-127 of the Idaho Code.

Changes

Notary Commission

Clarifies that an application for appointment as a Notary must be in a form prescribed by the Secretary of State and include an oath or office taken by the applicant.
No longer requires an applicant for a commission to not be disqualified to receive a commission under IC 51-123.
Clarifies that at the time of submitting an application for appointment, an applicant for a Notary commission must submit the $10,000 surety bond or its functional equivalent.
Clarifies that on compliance with the application requirements for a Notary commission, the Secretary of State shall review and may issue a commission to the applicant, or may deny the application pursuant to IC 51-123.
Provides that a Notary may be reappointed upon submission of a new application no earlier than 90 days prior to the expiration of the Notary's current term.
Makes other non-substantive changes.

Notary and Electronic Notary Seal

Requires a Notary's official stamp to include a serrated or milled-edge border in a rectangular or circular form.
Clarifies that a stamping device for tangible records must provide an image of the Notary's official stamp that meets the requirements of IC 51-117.
Provides that a stamping device for electronic records must be an electronic device or process that provides an image of the Notary's official stamp that meets the requirements of IC 51-117 and is readily visible upon copying.

Analysis

House Bill 446 provides further rules regarding a Notary's official stamp (seal) in the wake of last year's enactment of the Revised Uniform Law on Notarial Acts. The seal must now contain a serrated or milled edge border. The stamp may be in rectangular or circular form. House Bill 446 also states that in notarizing electronic records, the device that creates the official stamp must provide an image of the Notary's official physical stamp. In addition, HB 446 clarifies that the application for a Notary commission must include the oath of office on the form and that at the time of submitting the application an applicant must submit a $10,000 surety bond or its functional equivalent. The last substantive change of HB 446 is a clarification that a Notary renewing his or her commission may not submit an application for reappointment earlier than 90 days prior to the expiration of the Notary's 6-year term. The official stamp provisions take effect on October 1, 2018 and all other provisions in the bill take effect July 1, 2018.

Read House Bill 446.