H.B. 165

1

PUBLIC NOTARY AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ross I. Romero
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the Notaries Public Reform Act to commission attorneys licensed in
10 the state to act as public notaries and amends certain procedures related to the
11 application process for attorney notaries.
12 Highlighted Provisions:
13 This bill:
14 . authorizes the lieutenant governor to commission an attorney licensed in the state as
15 a notary; and
16 . amends certain procedures related to the application process for attorneys applying
17 as a notary.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 46-1-3, as last amended by Chapter 136, Laws of Utah 2003
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 46-1-3 is amended to read:

28 46-1-3. Qualifications -- Commissioning -- Jurisdiction and term.
29 (1) Except as provided in Subsection (3), the lieutenant governor shall commission as a
30 notary:
31 (a) any qualified person who submits an application in accordance with this chapter[.];
32 and
33 (b) an attorney licensed to practice in the state who:
34 (i) has never been disbarred; and
35 (ii) pays the application fee determined under Section 63-38-3.2 .
36 (2) A person qualified for a notarial commission shall:
37 (a) be 18 years of age or older;
38 (b) lawfully reside in this state 30 days immediately preceding the filing for a notarial
39 commission and maintain permanent residency thereafter;
40 (c) be able to read, write, and understand English;
41 (d) submit an application to the lieutenant governor containing no significant
42 misstatement or omission of fact and include at least:
43 (i) a statement of the applicant's personal qualifications, the applicant's residence
44 address, a business address in this state, and daytime telephone number;
45 (ii) the applicant's age and date of birth;
46 (iii) all criminal convictions of the applicant, including any pleas of admission and
47 nolo contendere;
48 (iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a
49 notarial commission or other professional license involving the applicant in this or any other
50 state;
51 (v) the acknowledgment of a passing score by the applicant on a written examination
52 administered under Subsection (5);
53 (vi) a declaration by the applicant; and
54 (vii) an application fee determined under Section 63-38-3.2 ;
55 (e) be a Utah resident or have permanent resident status under Section 245 of the
56 Immigration and Nationality Act; and
57 (f) be endorsed by two residents of the state who are over the age of 18.
58 (3) The lieutenant governor may deny an application based on:

59 (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
60 (b) any revocation, suspension, or restriction of a notarial commission or professional
61 license issued to the applicant by this or any other state;
62 (c) the applicant's official misconduct while acting in the capacity of a notary; or
63 (d) except as provided in Subsection (5)(b), the applicant's failure to pass the written
64 examination.
65 (4) A person commissioned as a notary by the lieutenant governor may perform
66 notarial acts in any part of this state for a term of four years, unless the person resigned or the
67 commission is revoked or suspended under Section 46-1-19 .
68 (5) [Each] (a) Except as provided in Subsection (5)(b), each applicant for a notarial
69 commission shall take a written examination approved by the lieutenant governor and submit
70 the examination to a testing center designated by the lieutenant governor for purposes of
71 scoring the examination. The testing center designated by the lieutenant governor shall issue a
72 written acknowledgment to the applicant indicating whether the applicant passed or failed the
73 examination.
74 (b) An applicant who is an attorney licensed to practice law in this state does not have
75 to take the written examination required by Subsection (5)(a).




Legislative Review Note
as of 9-7-05 2:12 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