1     
NOTARIES PUBLIC AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Eric K. Hutchings

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the notarization and authentication of documents.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends provisions related to the notarization and authentication of documents; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          46-1-2, as last amended by Laws of Utah 2009, Chapter 315
22          46-1-3, as last amended by Laws of Utah 2009, Chapter 183
23          46-1-15, as repealed and reenacted by Laws of Utah 1998, Chapter 287
24          46-1-16, as last amended by Laws of Utah 2008, Chapter 47
25          46-1-18, as last amended by Laws of Utah 2007, Chapter 95
26          46-1-20, as last amended by Laws of Utah 2008, Chapter 47
27     REPEALS AND REENACTS:
28          46-1-5, as last amended by Laws of Utah 1998, Chapter 287
29          46-1-6, as last amended by Laws of Utah 2006, Chapter 21
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 46-1-2 is amended to read:
33          46-1-2. Definitions.
34          As used in this chapter:
35          (1) "Acknowledgment" means a notarial act in which a notary certifies that a signer,
36     whose identity is personally known to the notary or proven on the basis of satisfactory
37     evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the
38     document's stated purpose.
39          (2) "Commission" means:
40          (a) to empower to perform notarial acts; [and] or
41          (b) the written document that gives authority to perform [those] notarial acts[.],
42     including the Certificate of Authority of Notary Public issued by the lieutenant governor to a
43     notary.
44          (3) "Copy certification" means a notarial act in which a notary certifies that a
45     photocopy is an accurate copy of a document that is neither a public record nor publicly
46     recorded.
47          (4) "Electronic signature" [has the same meaning as provided under] means the same as
48     that term is defined in Section 46-4-102.
49          (5) "Jurat" means a notarial act in which a notary certifies that a signer, whose identity
50     is personally known to the notary or proven on the basis of satisfactory evidence, has made, in
51     the notary's presence, a voluntary signature and taken an oath or affirmation vouching for the
52     truthfulness of the signed document.
53          (6) "Notarial act" [and] or "notarization" [mean any] means an act that a notary is
54     [empowered] authorized to perform under this [section] chapter.
55          (7) "Notarial certificate" means the part of, or attachment to, a notarized document [for
56     completion by the notary and bearing the notary's signature and seal.] that:
57          (a) is completed by the notary;
58          (b) bears the notary's signature and seal; and
59          (c) states the location, date, and facts to which the notary attests.
60          (8) "Notarial language" means the writing that constitutes a notarial act described in
61     Section 46-1-6.
62          [(8)] (9) "Notary" means any person commissioned to perform notarial acts under this
63     chapter.
64          [(9)] (10) "Oath" or "affirmation" means a notarial act in which a notary certifies that a
65     person made a vow or affirmation in the presence of the notary on penalty of perjury.
66          [(10)] (11) "Official misconduct" means a notary's performance of any act prohibited or
67     failure to perform any act mandated by this chapter or by any other law in connection with a
68     notarial act.
69          [(11) "Personal knowledge of identity"]
70          (12) "Personally known" means familiarity with an individual resulting from
71     interactions with that individual over a period of time sufficient to eliminate every reasonable
72     doubt that the individual has the identity claimed.
73          [(12)] (13) (a) "Satisfactory evidence of identity" means identification of an individual
74     based on:
75          (i) valid personal identification with the individual's photograph, signature, and
76     physical description issued by the United States government, any state within the United States,
77     or a foreign government;
78          (ii) a valid passport issued by any nation; or
79          (iii) the oath or affirmation of a credible person who is personally known to the notary
80     and who personally knows the individual.
81          (b) "Satisfactory evidence of identity" does not include:
82          (i) a driving privilege card under Subsection 53-3-207(10); or
83          (ii) another document that is not considered valid for identification.
84          Section 2. Section 46-1-3 is amended to read:
85          46-1-3. Qualifications -- Application for notary required.
86          (1) Except as provided in Subsection (3), the lieutenant governor shall commission as a
87     notary any qualified person who submits an application in accordance with this chapter.
88          (2) [A person qualified] An individual who applies for a notarial commission shall:
89          (a) be at least 18 years of age [or older];
90          (b) lawfully reside in [this state 30 days immediately preceding the filing] the state for
91     at least 30 days immediately before the individual applies for a notarial commission [and];
92          (c) if the individual receives a notarial commission, maintain permanent residency
93     [thereafter] in the state after receiving the notarial commission;
94          [(c)] (d) be able to read, write, and understand English;
95          [(d)] (e) submit an application to the lieutenant governor, containing no significant
96     misstatement or omission of fact [and include at least], that includes:
97          [(i) a statement of the applicant's personal qualifications, the applicant's residence
98     address, a business address in this state, and daytime telephone number;]
99          [(ii) the applicant's age and date of birth;]
100          [(iii) all criminal convictions of the applicant, including any pleas of admission and
101     nolo contendere;]
102          (i) the individual's name as it will appear on the commission;
103          (ii) an affirmation that the individual meets the requirements of this section;
104          (iii) the individual's residential address, business address in the state, and daytime
105     telephone number;
106          (iv) the individual's date of birth;
107          (v) an indication of all criminal convictions the individual has received, including a
108     plea of admission or no contest;
109          [(iv)] (vi) all issuances, denials, revocations, suspensions, restrictions, and resignations
110     of a notarial commission or other professional license involving the applicant in this or any
111     other state;
112          [(v) the acknowledgment of a passing score by the applicant on a written examination
113     administered under Subsection (5);]
114          [(vi) a declaration by the applicant; and]
115          [(vii) an application fee determined under Section 63J-1-504;]
116          (vii) an indication that the individual has passed the examination administered under
117     Subsection (5); and
118          (viii) payment of the application fee administered under Section 63J-1-504; and
119          [(e)] (f) be a Utah resident or have permanent resident status under Section 245 of the
120     Immigration and Nationality Act[; and].
121          [(f) be endorsed by two residents of the state who are over the age of 18.]
122          (3) The lieutenant governor may deny an application based on:
123          (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
124          (b) any revocation, suspension, or restriction of a notarial commission or professional
125     license issued to the applicant by this or any other state;
126          (c) the applicant's official misconduct while acting in the capacity of a notary; or
127          (d) the applicant's failure to pass the written examination.
128          (4) A person commissioned as a notary by the lieutenant governor may perform
129     notarial acts in any part of this state for a term of four years, unless the person resigned or the
130     commission is revoked or suspended under Section 46-1-19.
131          (5) [Each] (a) An applicant for a notarial commission shall take [a written] an
132     examination approved by the lieutenant governor [and submit the examination to a testing
133     center designated by the lieutenant governor for purposes of scoring the examination. The] at a
134     testing center approved by the lieutenant governor.
135          (b) A testing center [designated by the lieutenant governor] at which an applicant takes
136     an examination under Subsection (5)(a) shall issue [a written] an acknowledgment to the
137     applicant indicating whether the applicant passed or failed the examination.
138          Section 3. Section 46-1-5 is repealed and reenacted to read:
139          46-1-5. Recommissioning.
140          An individual who applies for recommissioning as a notary is required to:
141          (1) submit a new application under Subsection 46-1-3(2)(e);
142          (2) retake and pass the examination described in Subsection 46-1-3(5);
143          (3) submit a new bond; and
144          (4) comply with the provisions of this chapter.
145          Section 4. Section 46-1-6 is repealed and reenacted to read:
146          46-1-6. Powers and limitations.
147          (1) A commissioned notary may perform the following acts:
148          (a) an acknowledgment;
149          (b) a copy certification;
150          (c) a jurat; and
151          (d) an oath or affirmation.
152          (2) A commissioned notary may not:
153          (a) perform an act that is not described in Subsection (1); or
154          (b) perform an act described in Subsection (1) if the signer is not in the presence of the
155     notary at the time the notary completes the notarization.
156          Section 5. Section 46-1-15 is amended to read:
157          46-1-15. Safekeeping and custody of journal.
158          If a notary maintains a journal[,]:
159          (1) the notary shall[:] keep the journal in the notary's exclusive custody; and
160          [(1) safeguard the journal and all other notarial records as valuable public documents
161     and may not destroy the documents; and]
162          [(2) keep the journal in the exclusive custody of the notary, not to be used by any other
163     notary or surrendered to an employer upon termination of employment.]
164          (2) the notary's employer may not require the notary to surrender the journal upon
165     termination of the notary's employment.
166          Section 6. Section 46-1-16 is amended to read:
167          46-1-16. Official signature -- Official seal -- Seal impression.
168          (1) In completing a notarial act, a notary shall sign on the notarial certificate exactly
169     and only the name indicated on the notary's commission.
170          (2) (a) A notary shall keep an official notarial seal that is the exclusive property of the
171     notary and that may not be used by any other person.
172          (b) Upon the resignation, revocation, or expiration of a notarial commission, the seal
173     shall be destroyed.
174          (c) Each notarial seal obtained by a notary on or after July 1, 2003, shall use purple ink.
175          (3) (a) A new seal shall be obtained for any new commission or recommission.
176          (b) A new seal shall be obtained if the notary changes the notary's name of record at
177     any time during the notary's commission.
178          (c) The seal impression shall be affixed near the notary's official signature on a notarial
179     certificate and shall include a sharp, legible, and photographically reproducible ink impression
180     of the notarial seal that consists of:
181          (i) the notary public's name exactly as indicated on the notary's commission;
182          (ii) the words "notary public," "state of Utah," and "my commission expires on
183     (commission expiration date)";
184          [(iii) for a notary seal issued on or after July 1, 2008, the notary's commission number,
185     exactly as indicated on the notary's commission;]
186          [(iv)] (iii) a facsimile of the great seal of the state; and
187          [(v)] (iv) a rectangular border no larger than one inch by two and one-half inches
188     surrounding the required words and seal.
189          (4) An embossed seal impression that is not photographically reproducible may be used
190     in addition to, but not in place of, the photographically reproducible seal required in this
191     section.
192          (5) The notarial seal shall be affixed in a manner that does not obscure or render
193     illegible any information or signatures contained in the document or in the notarial certificate.
194          (6) A notary acknowledgment on an annexation, subdivision, or other map or plat is
195     considered complete without the imprint of the notary's official seal if:
196          (a) the notary signs the [acknowledgment] notarial language in permanent ink; and
197          (b) the following appear below or immediately adjacent to the notary's signature:
198          (i) the notary's [full] name and commission number appears exactly as indicated on the
199     notary's commission;
200          (ii) the words "A notary public commissioned in Utah"; and
201          (iii) the expiration date of the notary's commission.
202          (7) A notary acknowledgment on an electronic message or document is considered
203     complete without the imprint of the notary's seal if the following information appears
204     electronically within the message:
205          (a) the notary's [full] name and commission number appearing exactly as indicated on
206     the notary's commission; and
207          (b) the words "notary public," "state of Utah," and "my commission expires on______
208     (date)".
209          Section 7. Section 46-1-18 is amended to read:
210          46-1-18. Liability.
211          (1) A notary may be liable to any person for any damage to that person proximately
212     caused by the notary's misconduct in performing a notarization.
213          (2) (a) A surety for a notary's bond may be liable to any person for damages
214     proximately caused to that person by the notary's misconduct in performing a notarization, but
215     the surety's liability may not exceed the penalty of the bond or of any remaining bond funds
216     that have not been expended to other claimants.
217          (b) Regardless of the number of claimants under Subsection (2)(a), a surety's total
218     liability may not exceed the penalty of the bond.
219          (3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for:
220          (a) a notary to [perform an act in violation of Section 46-1-9 or Section 46-1-11]
221     violate a provision of this chapter; or
222          (b) the employer of a notary to solicit the notary to [perform a notarial act in violation]
223     violate a provision of this chapter.
224          Section 8. Section 46-1-20 is amended to read:
225          46-1-20. Change of name or address -- Bond policy rider.
226          (1) Within 30 days [of a change in] after the day on which a notary changes the notary's
227     name, the notary shall provide to the lieutenant governor:
228          (a) the notary's new name, including official documentation of the name change; and
229          (b) a bond policy rider obtained in accordance with Subsection (2).
230          (2) To obtain a bond policy rider, the notary shall:
231          (a) notify the surety for the notary's bond;
232          (b) obtain a bond policy rider reflecting both the old and new name of the notary;
233          (c) return [a] the bond policy rider[,];
234          (d) destroy the original ["Certificate of Authority of Notary Public"] commission;
235          [(d)] (e) pay a $5 fee; and
236          [(e)] (f) destroy the old official seal.
237          (3) A notary is not required to change the notary's name by adopting the surname of the
238     notary's spouse.
239          [(3)] (4) Within 30 days of [a change in the notary's address] the day on which a
240     notary's residential or business address changes, the notary shall provide the notary's new
241     residential or business address to the lieutenant governor.




Legislative Review Note
Office of Legislative Research and General Counsel