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H.B. 172
This document includes House Floor Amendments incorporated into the bill on Fri, Jan 28, 2005 at 2:30 PM by chopkin. --> This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 15, 2005 at 10:32 AM by rday. --> This document includes Senate Committee Amendments (CORRECTED) incorporated into the bill on Wed, Feb 16, 2005 at 9:10 AM by rday. --> 1
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6 LONG TITLE
7 General Description:
8 This bill amends the Notaries Public Reform Act to require four hours of notarial
9 education.
10 Highlighted Provisions:
11 This bill:
12 . beginning July 1, 2005, establishes a requirement of four hours of training for
13 notaries applying for a new commission S. [
14 public
15 . authorizes the lieutenant governor's office to approve interactive or classroom
16 instruction; and
17 . authorizes the lieutenant governor to require commissioned notaries to attend notary
18 education if the commissioned notary violates a provision of the Notary Act.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 46-1-3, as last amended by Chapter 136, Laws of Utah 2003
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 46-1-3 is amended to read:
29 46-1-3. Qualifications -- Commissioning -- Jurisdiction and term.
30 (1) Except as provided in Subsection (3), the lieutenant governor shall commission as a
31 notary any qualified person who submits an application in accordance with this chapter.
32 (2) A person qualified for a notarial commission shall:
33 (a) be 18 years of age or older;
34 (b) lawfully reside in this state 30 days immediately preceding the filing for a notarial
35 commission and maintain permanent residency thereafter;
36 (c) be able to read, write, and understand English;
37 (d) submit an application to the lieutenant governor containing no significant
38 misstatement or omission of fact and include at least:
39 (i) a statement of the applicant's personal qualifications, the applicant's residence
40 address, a business address in this state, and daytime telephone number;
41 (ii) the applicant's age and date of birth;
42 (iii) all criminal convictions of the applicant, including any pleas of admission and
43 nolo contendere;
44 (iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a
45 notarial commission or other professional license involving the applicant in this or any other
46 state;
47 (v) the acknowledgment of a passing score by the applicant on a written examination
48 administered under Subsection (5);
49 (vi) a declaration by the applicant; and
50 (vii) an application fee determined under Section 63-38-3.2 ;
51 (e) be a Utah resident or have permanent resident status under Section 245 of the
52 Immigration and Nationality Act; [
53 (f) be endorsed by two residents of the state who are over the age of 18[
54 (g) complete at least four hours of approved notary education in accordance with
55 Subsection (6).
56 (3) The lieutenant governor may deny an application based on:
57 (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
58 (b) any revocation, suspension, or restriction of a notarial commission or professional
59 license issued to the applicant by this or any other state;
60 (c) the applicant's official misconduct while acting in the capacity of a notary; or
61 (d) the applicant's failure to pass the written examination.
62 (4) A person commissioned as a notary by the lieutenant governor may perform
63 notarial acts in any part of this state for a term of four years, unless the person resigned or the
64 commission is revoked or suspended under Section 46-1-19 .
65 (5) Each applicant for a notarial commission shall take a written examination approved
66 by the lieutenant governor and submit the examination to a testing center designated by the
67 lieutenant governor for purposes of scoring the examination. The testing center designated by
68 the lieutenant governor shall issue a written acknowledgment to the applicant indicating
69 whether the applicant passed or failed the examination.
70 (6) (a) Beginning July 1, 2005, each S. new .S applicant for a notarial commission
70a H.[
71 renew a notarial commission
71a education
72 within the six-month period immediately preceding the application for a commission H. [
73 renewal.
73a S. [
73b
73b commission shall complete at least four hours of approved notary education.
73c (ii) After July 1, 2009, an applicant for renewal of a notarial commission is not required to
73d complete notarial education unless the provisions of Subsection (6)(e) apply. .H
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74a1 instruction. All
74a education
75 programs shall be preapproved by the lieutenant governor with a core curriculum that includes
76 the duties and responsibilities of the notary office and electronic notarization.
77 H.[
77a preapproved
78 education program with the application for a commission or a renewal.
79 H.[
79a1 cause, order a
79a commissioned
80 notary to attend a preapproved education program.
81 (ii) For purposes of this section, "good cause" includes an act or omission by the notary
82 that constitutes a violation of this act.
Legislative Review Note
as of 11-27-04 2:26 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.