H.B. 172

1

NOTARY PUBLIC AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: LaWanna Lou Shurtliff
5
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 or renewing a commission as a notary
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
26
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; [and]
53 (f) be endorsed by two residents of the state who are over the age of 18[.]; and
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 applicant for a notarial commission or applicant to
71 renew a notarial commission must complete at least four hours of approved notary education
72 within the six-month period immediately preceding the application for a commission or a
73 renewal.
74 (b) Notary education may either be interactive or classroom instruction. All 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 (c) An applicant must submit a certificate of attendance from the preapproved
78 education program with the application for a commission or a renewal.
79 (d) (i) The office of the lieutenant governor may, for good cause, order a 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.

Office of Legislative Research and General Counsel