Fourth Substitute S.B. 22

Representative Ron Bigelow 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;
16 . repeals provisions relating to a written examination for a notary;
17 . requires the lieutenant governor to provide an applicant with a copy of the law
18 governing a notary and answers to frequently asked questions;
19 . requires an applicant to sign a statement that the applicant has read certain
20 information; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None

26 Utah Code Sections Affected:
27 AMENDS:
28 46-1-3, as last amended by Laws of Utah 2009, Chapter 183
29 46-1-9, as repealed and reenacted by Laws of Utah 1998, Chapter 287
30 46-1-19, as last amended by Laws of Utah 2003, Chapter 136
31 ENACTS:
32 46-1-3.5, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 46-1-3 is amended to read:
36 46-1-3. Qualifications -- Commissioning -- Jurisdiction and term.
37 (1) Except as provided in Subsection (3), the lieutenant governor shall commission as a
38 notary any qualified person who submits an application in accordance with this chapter.
39 (2) A person qualified for a notarial commission shall:
40 (a) be 18 years of age or older;
41 (b) lawfully reside in this state 30 days immediately preceding the filing for a notarial
42 commission and maintain permanent residency thereafter;
43 (c) be able to read, write, and understand English;
44 (d) submit an application to the lieutenant governor containing no significant
45 misstatement or omission of fact and include at least:
46 (i) a statement of the applicant's personal qualifications, the applicant's residence
47 address, a business address in this state, and daytime telephone number;
48 (ii) the applicant's age and date of birth;
49 (iii) all criminal convictions of the applicant, including any pleas of admission and
50 nolo contendere;
51 (iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a
52 notarial commission or other professional license involving the applicant in this or any other
53 state;
54 (v) [the acknowledgment of a passing score by the applicant on a written examination
55 administered] a signed statement that the person has read the information provided under
56 Subsection (5);

57 (vi) a declaration by the applicant; and
58 (vii) an application fee determined under Section 63J-1-504 ;
59 (e) be a Utah resident or have permanent resident status under Section 245 of the
60 Immigration and Nationality Act; and
61 (f) be endorsed by two residents of the state who are over the age of 18.
62 (3) The lieutenant governor may deny an application based on:
63 (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
64 (b) any revocation, suspension, or restriction of a notarial commission or professional
65 license issued to the applicant by this or any other state;
66 (c) the applicant's official misconduct while acting in the capacity of a notary; or
67 (d) the applicant's failure to [pass the written examination] include the statement
68 required by Subsection (2)(d)(v).
69 (4) A person commissioned as a notary by the lieutenant governor may perform
70 notarial acts in any part of this state for a term of four years, unless the person resigned or the
71 commission is revoked or suspended under Section 46-1-19 .
72 (5) (a) The lieutenant governor shall provide to an applicant:
73 (i) a copy of the law governing a notary; and
74 (ii) answers to frequently asked questions.
75 (b) Each applicant for a notarial commission shall [take a written examination
76 approved] read the information provided by the lieutenant governor [and submit the
77 examination to a testing center designated by the lieutenant governor for purposes of scoring
78 the examination. The testing center designated by the lieutenant governor shall issue a written
79 acknowledgment to the applicant indicating whether the applicant passed or failed the
80 examination] under Subsection (5)(a).
81 Section 2. Section 46-1-3.5 is enacted to read:
82 46-1-3.5. Attorney commissioned to perform notarial acts -- Requirements.
83 The lieutenant governor shall:
84 (1) by request, provide a person licensed to practice law in this state with the
85 information described in Subsection 46-1-3 (5)(a); and
86 (2) commission a person licensed to practice law in this state for a term of four years if
87 the person:

88 (a) is a resident of this state;
89 (b) submits to the lieutenant governor:
90 (i) a valid certificate of admission to the Utah State Bar; and
91 (ii) a signed statement that the person has read the information provided under
92 Subsection (1);
93 (c) files the bond as required by Subsection 46-1-4 ; and
94 (d) pays an application fee determined under Section 63J-1-504 .
95 Section 3. Section 46-1-9 is amended to read:
96 46-1-9. False or incomplete certificate.
97 (1) A notary may not:
98 [(1)] (a) execute a certificate containing a statement known by the notary to be false or
99 materially incomplete; or
100 [(2)] (b) perform any notarial act with intent to deceive or defraud.
101 (2) A notary may perform a notarial act if:
102 (a) the notarial certificate being completed by the notary contains:
103 (i) the name of each person whose signature is being notarized, if applicable; and
104 (ii) the date of the signing, if applicable; or
105 (b) the notary legibly writes the information required by Subsection (2)(a) as part of the
106 notarial certificate.
107 Section 4. Section 46-1-19 is amended to read:
108 46-1-19. Revocation or suspension.
109 [The] (1) Except as provided by Subsection (2), the lieutenant governor may revoke or
110 suspend a [notarial] commission on any ground for which an application for a [notarial]
111 commission may be denied under Section 46-1-3 .
112 (2) For a commission issued under Section 46-1-3.5 , the lieutenant governor may
113 report a violation of this chapter to the Utah State Bar.