S.B. 166

1

NOTARY PUBLIC AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ross I. Romero
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill addresses criminal liability of a notary public.
10 Highlighted Provisions:
11 This bill:
12 . makes it a class B misdemeanor for a notary public to engage in the unauthorized
13 practice of law; and
14 . makes technical changes.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 46-1-18, as repealed and reenacted by Chapter 287, Laws of Utah 1998
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 46-1-18 is amended to read:
25 46-1-18. Liability.
26 (1) A notary [may be] is liable to any person for any damage to that person proximately
27 caused by the notary's misconduct in performing a notarization.

28 (2) (a) A surety for a notary's bond [may be] is liable to any person for damages
29 proximately caused to that person by the notary's misconduct in performing a notarization, but
30 the surety's liability may not exceed the penalty of the bond or of any remaining bond funds
31 that have not been expended to other claimants.
32 (b) Regardless of the number of claimants under Subsection (2)(a), a surety's total
33 liability may not exceed the penalty of the bond.
34 (3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for:
35 (a) a notary to perform an act in violation of Section 46-1-9 or Section 46-1-11 ; or
36 (b) the employer of a notary to solicit the notary to perform a notarial act in violation of
37 this chapter.




Legislative Review Note
as of 1-23-07 6:18 PM

Office of Legislative Research and General Counsel