Third Substitute S.B. 22

Representative Fred R Hunsaker proposes the following substitute bill:

1 NOTARY PUBLIC AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Peter C. Knudson
5 House Sponsor: Fred R Hunsaker
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Notaries Public Reform Act.
10 Highlighted Provisions:
11 This bill:
12 . authorizes a notary to complete a certificate that includes the name and date of the
13 person whose signature is being certified;
14 . authorizes a person licensed to practice law in this state to perform a notarial act;
15 . authorizes the lieutenant governor to report a violation to the Utah State Bar; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 46-1-9, as repealed and reenacted by Laws of Utah 1998, Chapter 287
24 46-1-19, as last amended by Laws of Utah 2003, Chapter 136
25 ENACTS:

26 46-1-3.5, Utah Code Annotated 1953
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 46-1-3.5 is enacted to read:
30 46-1-3.5. Attorney commissioned to perform notarial acts -- Requirements.
31 The lieutenant governor shall commission a person licensed to practice law in this state
32 for a term of four years if the person:
33 (1) is a resident of this state;
34 (2) submits to the lieutenant governor a valid certificate of admission to the Utah State
35 Bar;
36 (3) files the bond as required by Subsection 46-1-4 ; and
37 (4) pays an application fee determined under Section 63J-1-504 .
38 Section 2. Section 46-1-9 is amended to read:
39 46-1-9. False or incomplete certificate.
40 (1) A notary may not:
41 [(1)] (a) execute a certificate containing a statement known by the notary to be false or
42 materially incomplete; or
43 [(2)] (b) perform any notarial act with intent to deceive or defraud.
44 (2) A notary may perform a notarial act if:
45 (a) the notarial certificate being completed by the notary contains:
46 (i) the name of each person whose signature is being notarized, if applicable; and
47 (ii) the date of the signing, if applicable; or
48 (b) the notary legibly writes the information required by Subsection (2)(a) as part of the
49 notarial certificate.
50 Section 3. Section 46-1-19 is amended to read:
51 46-1-19. Revocation or suspension.
52 [The] (1) Except as provided by Subsection (2), the lieutenant governor may revoke or
53 suspend a [notarial] commission on any ground for which an application for a [notarial]
54 commission may be denied under Section 46-1-3 .
55 (2) For a commission issued under Section 46-1-3.5 , the lieutenant governor may
56 report a violation of this chapter to the Utah State Bar.