51-121. COMMISSION AS NOTARY PUBLIC — QUALIFICATIONS — NO IMMUNITY OR BENEFIT — REAPPOINTMENT. (1) An individual qualified under subsection (2) of this section may make application to the secretary of state for a commission as a notary public. The application shall be in a form and manner prescribed by the secretary of state and shall include an oath of office to be taken by the applicant. The applicant shall comply with and provide the information required by the secretary of state and pay any application fee.

(2) An applicant for a commission as a notary public must:

(a) Be at least eighteen (18) years of age;

(b) Be a citizen or permanent legal resident of the United States;

(c) Be a resident of or have a place of employment or place of practice in this state; and

(d) Be able to read and write.

(3) At the time of submitting the application, the applicant for a commission shall submit to the secretary of state an assurance in the form of a surety bond or its functional equivalent in the amount of ten thousand dollars ($10,000).

(a) The assurance must be issued by:

(i) A surety or other entity licensed or authorized to do business in this state; or

(ii) The risk management office in the department of administration for the state of Idaho if the applicant is regularly employed by the state and the commission is required in the scope of that employment.

(b) The assurance must cover acts performed during the term of the notary public’s commission and must be in the form prescribed by the secretary of state. If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give thirty (30) days’ notice to the secretary of state before canceling the assurance. The surety or issuing entity shall notify the secretary of state no later than thirty (30) days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state.

(4) On compliance with this section, the secretary of state shall review and may issue a commission as a notary public to an applicant for a term of six (6) years or may deny the application pursuant to section 51-123, Idaho Code.

(5) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees.

(6) A notary public may be reappointed upon submission of a new application no earlier than ninety (90) days prior to the expiration of his term.

History:

[51-121, added 2017, ch. 192, sec. 3, p. 449; am. 2018, ch. 77, sec. 3, p. 175.]