Representative Eric K. Hutchings proposes the following substitute bill:


1     
NOTARIES PUBLIC AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Eric K. Hutchings

5     
Senate Sponsor: Jerry W. Stevenson

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23          46-1-15, as repealed and reenacted by Laws of Utah 1998, Chapter 287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:
60          (i) venue;
61          (ii) date of the signing; and
62          (iii) if applicable, name of each individual whose signature is being notarized.
63          (8) "Notarial language" means the writing that constitutes a notarial act described in
64     Section 46-1-6.
65          [(8)] (9) "Notary" means any person commissioned to perform notarial acts under this
66     chapter.
67          [(9)] (10) "Oath" or "affirmation" means a notarial act in which a notary certifies that a
68     person made a vow or affirmation in the presence of the notary on penalty of perjury.
69          [(10)] (11) "Official misconduct" means a notary's performance of any act prohibited or
70     failure to perform any act mandated by this chapter or by any other law in connection with a
71     notarial act.
72          [(11) "Personal knowledge of identity"]
73          (12) "Personally known" means familiarity with an individual resulting from
74     interactions with that individual over a period of time sufficient to eliminate every reasonable
75     doubt that the individual has the identity claimed.
76          [(12)] (13) (a) "Satisfactory evidence of identity" means identification of an individual
77     based on:
78          (i) valid personal identification with the individual's photograph, signature, and
79     physical description issued by the United States government, any state within the United States,
80     or a foreign government;
81          (ii) a valid passport issued by any nation; or
82          (iii) the oath or affirmation of a credible person who is personally known to the notary
83     and who personally knows the individual.
84          (b) "Satisfactory evidence of identity" does not include:
85          (i) a driving privilege card under Subsection 53-3-207(10); or
86          (ii) another document that is not considered valid for identification.
87          Section 2. Section 46-1-3 is amended to read:
88          46-1-3. Qualifications -- Application for notary required.
89          (1) Except as provided in Subsection (3), the lieutenant governor shall commission as a
90     notary any qualified person who submits an application in accordance with this chapter.
91          (2) [A person qualified] An individual who applies for a notarial commission shall:
92          (a) be at least 18 years of age [or older];
93          (b) lawfully reside in [this state 30 days immediately preceding the filing] the state for
94     at least 30 days immediately before the individual applies for a notarial commission [and];
95          (c) if the individual receives a notarial commission, maintain permanent residency
96     [thereafter] in the state after receiving the notarial commission;
97          [(c)] (d) be able to read, write, and understand English;
98          [(d)] (e) submit an application to the lieutenant governor, containing no significant
99     misstatement or omission of fact [and include at least], that includes:
100          [(i) a statement of the applicant's personal qualifications, the applicant's residence
101     address, a business address in this state, and daytime telephone number;]
102          [(ii) the applicant's age and date of birth;]
103          [(iii) all criminal convictions of the applicant, including any pleas of admission and
104     nolo contendere;]
105          (i) the individual's name as it will appear on the commission;
106          (ii) an affirmation that the individual meets the requirements of this section;
107          (iii) the individual's residential address, business address in the state, and daytime
108     telephone number;
109          (iv) the individual's date of birth;
110          (v) an indication of all criminal convictions the individual has received, including a
111     plea of admission or no contest;
112          [(iv)] (vi) all issuances, denials, revocations, suspensions, restrictions, and resignations
113     of a notarial commission or other professional license involving the applicant in this or any
114     other state;
115          [(v) the acknowledgment of a passing score by the applicant on a written examination
116     administered under Subsection (5);]
117          [(vi) a declaration by the applicant; and]
118          [(vii) an application fee determined under Section 63J-1-504;]
119          (vii) an indication that the individual has passed the examination administered under
120     Subsection (5); and
121          (viii) payment of the application fee administered under Section 63J-1-504; and
122          [(e)] (f) be a Utah resident or have permanent resident status under Section 245 of the
123     Immigration and Nationality Act[; and].
124          [(f) be endorsed by two residents of the state who are over the age of 18.]
125          (3) The lieutenant governor may deny an application based on:
126          (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
127          (b) any revocation, suspension, or restriction of a notarial commission or professional
128     license issued to the applicant by this or any other state;
129          (c) the applicant's official misconduct while acting in the capacity of a notary; or
130          (d) the applicant's failure to pass the written examination.
131          (4) A person commissioned as a notary by the lieutenant governor may perform
132     notarial acts in any part of this state for a term of four years, unless the person resigned or the
133     commission is revoked or suspended under Section 46-1-19.
134          (5) [Each] (a) An applicant for a notarial commission shall take [a written] an
135     examination approved by the lieutenant governor [and submit the examination to a testing
136     center designated by the lieutenant governor for purposes of scoring the examination. The] at a
137     testing center approved by the lieutenant governor.
138          (b) A testing center [designated by the lieutenant governor] at which an applicant takes
139     an examination under Subsection (5)(a) shall issue [a written] an acknowledgment to the
140     applicant indicating whether the applicant passed or failed the examination.
141          Section 3. Section 46-1-5 is repealed and reenacted to read:
142          46-1-5. Recommissioning.
143          An individual who applies for recommissioning as a notary is required to:
144          (1) submit a new application under Subsection 46-1-3(2)(e);
145          (2) retake and pass the examination described in Subsection 46-1-3(5);
146          (3) submit a new bond; and
147          (4) comply with the provisions of this chapter.
148          Section 4. Section 46-1-6 is repealed and reenacted to read:
149          46-1-6. Powers and limitations.
150          (1) A commissioned notary may perform the following acts:
151          (a) an acknowledgment;
152          (b) a copy certification;
153          (c) a jurat; and
154          (d) an oath or affirmation.
155          (2) A commissioned notary may not:
156          (a) perform an act that is not described in Subsection (1); or
157          (b) perform an act described in Subsection (1) if the signer is not in the presence of the
158     notary at the time the notary completes the notarization.
159          Section 5. Section 46-1-15 is amended to read:
160          46-1-15. Safekeeping and custody of journal.
161          If a notary maintains a journal[,]:
162          (1) the notary shall[:] keep the journal in the notary's exclusive custody; and
163          [(1) safeguard the journal and all other notarial records as valuable public documents
164     and may not destroy the documents; and]
165          [(2) keep the journal in the exclusive custody of the notary, not to be used by any other
166     notary or surrendered to an employer upon termination of employment.]
167          (2) the notary's employer may not require the notary to surrender the journal upon
168     termination of the notary's employment.
169          Section 6. Section 46-1-16 is amended to read:
170          46-1-16. Official signature -- Official seal -- Seal impression.
171          (1) In completing a notarial act, a notary shall sign on the notarial certificate exactly
172     and only the name indicated on the notary's commission.
173          (2) (a) A notary shall keep an official notarial seal that is the exclusive property of the
174     notary and that may not be used by any other person.
175          (b) Upon the resignation, revocation, or expiration of a notarial commission, the seal
176     shall be destroyed.
177          (c) Each notarial seal obtained by a notary on or after July 1, 2003, shall use purple ink.
178          (3) (a) A new seal shall be obtained for any new commission or recommission.
179          (b) A new seal shall be obtained if the notary changes the notary's name of record at
180     any time during the notary's commission.
181          (c) The seal impression shall be affixed near the notary's official signature on a notarial
182     certificate and shall include a sharp, legible, and photographically reproducible ink impression
183     of the notarial seal that consists of:
184          (i) the notary public's name exactly as indicated on the notary's commission;
185          (ii) the words "notary public," "state of Utah," and "my commission expires on
186     (commission expiration date)";
187          [(iii) for a notary seal issued on or after July 1, 2008, the notary's commission number,
188     exactly as indicated on the notary's commission;]
189          [(iv)] (iii) a facsimile of the great seal of the state; and
190          [(v)] (iv) a rectangular border no larger than one inch by two and one-half inches
191     surrounding the required words and seal.
192          (4) An embossed seal impression that is not photographically reproducible may be used
193     in addition to, but not in place of, the photographically reproducible seal required in this
194     section.
195          (5) The notarial seal shall be affixed in a manner that does not obscure or render
196     illegible any information or signatures contained in the document or in the notarial certificate.
197          (6) A notary acknowledgment on an annexation, subdivision, or other map or plat is
198     considered complete without the imprint of the notary's official seal if:
199          (a) the notary signs the [acknowledgment] notarial language in permanent ink; and
200          (b) the following appear below or immediately adjacent to the notary's signature:
201          (i) the notary's [full] name and commission number appears exactly as indicated on the
202     notary's commission;
203          (ii) the words "A notary public commissioned in Utah"; and
204          (iii) the expiration date of the notary's commission.
205          (7) A notary acknowledgment on an electronic message or document is considered
206     complete without the imprint of the notary's seal if the following information appears
207     electronically within the message:
208          (a) the notary's [full] name and commission number appearing exactly as indicated on
209     the notary's commission; and
210          (b) the words "notary public," "state of Utah," and "my commission expires on______
211     (date)".
212          Section 7. Section 46-1-18 is amended to read:
213          46-1-18. Liability.
214          (1) A notary may be liable to any person for any damage to that person proximately
215     caused by the notary's misconduct in performing a notarization.
216          (2) (a) A surety for a notary's bond may be liable to any person for damages
217     proximately caused to that person by the notary's misconduct in performing a notarization, but
218     the surety's liability may not exceed the penalty of the bond or of any remaining bond funds
219     that have not been expended to other claimants.
220          (b) Regardless of the number of claimants under Subsection (2)(a), a surety's total
221     liability may not exceed the penalty of the bond.
222          (3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for:
223          (a) a notary to [perform an act in violation of Section 46-1-9 or Section 46-1-11]
224     violate a provision of this chapter; or
225          (b) the employer of a notary to solicit the notary to [perform a notarial act in violation]
226     violate a provision of this chapter.
227          Section 8. Section 46-1-20 is amended to read:
228          46-1-20. Change of name or address -- Bond policy rider.
229          (1) Within 30 days [of a change in] after the day on which a notary changes the notary's
230     name, the notary shall provide to the lieutenant governor:
231          (a) the notary's new name, including official documentation of the name change; and
232          (b) a bond policy rider obtained in accordance with Subsection (2).
233          (2) To obtain a bond policy rider, the notary shall:
234          (a) notify the surety for the notary's bond;
235          (b) obtain a bond policy rider reflecting both the old and new name of the notary;
236          (c) return [a] the bond policy rider[,];
237          (d) destroy the original ["Certificate of Authority of Notary Public"] commission;
238          [(d)] (e) pay a $5 fee; and
239          [(e)] (f) destroy the old official seal.
240          (3) A notary is not required to change the notary's name by adopting the surname of the
241     notary's spouse.
242          [(3)] (4) Within 30 days of [a change in the notary's address] the day on which a
243     notary's residential or business address changes, the notary shall provide the notary's new
244     residential or business address to the lieutenant governor.