51-127. RULES. (1) The secretary of state may adopt rules to implement this chapter. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules may include but are not limited to the following:

(a) Prescribing the manner of performing notarial acts regarding tangible and electronic records;

(b) Including provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;

(c) Including provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or signatures;

(d) Prescribing the process of granting, renewing, conditioning, denying, suspending or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public;

(e) Including provisions to prevent fraud or mistake in the performance of notarial acts;

(f) Establishing the process for approving and accepting surety bonds and other forms of assurance under section 51-121, Idaho Code; and

(g) Providing for the course of study under section 51-122, Idaho Code.

(2) In adopting, amending or repealing rules about notarial acts with respect to electronic records, the secretary of state may consider, as far as is consistent with the provisions of this chapter:

(a) The most recent standards regarding electronic records promulgated by national bodies, such as the national association of secretaries of state;

(b) Standards, practices and customs of other jurisdictions that substantially enact this chapter; and

(c) The views of governmental officials and entities and other interested persons.

History:

[51-127, added 2017, ch. 192, sec. 3, p. 451; am. 2018, ch. 77, sec. 5, p. 176.]