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7 LONG TITLE
8 General Description:
9 This bill modifies the Notaries Public Reform Act to allow a notarization to be
10 performed remotely.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ establishes requirements for and a process by which the lieutenant governor may
15 certify a notary as a remote notary;
16 ▸ establishes requirements for the process by which a remote notary may perform a
17 remote notarization, including standards for:
18 • determining an individual's identity; and
19 • the equipment, software, and hardware by which a remote notary may perform a
20 remote notarization;
21 ▸ grants rulemaking authority to the director of elections in the Office of the
22 Lieutenant Governor;
23 ▸ amends the fees a notary may charge for performing a notarization;
24 ▸ requires a remote notary to keep an electronic journal, including an audio and video
25 recording, of each notarization the remote notary performs;
26 ▸ amends provisions related to the security, maintenance, and custody of a notary's
27 journal;
28 ▸ amends provisions related to the obtaining, use, surrendering, and destruction of a
29 notary's official seal; and
30 ▸ makes technical and conforming changes.
31 Money Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 This bill provides a special effective date.
35 Utah Code Sections Affected:
36 AMENDS:
37 46-1-2, as last amended by Laws of Utah 2017, Chapter 259
38 46-1-3, as last amended by Laws of Utah 2017, Chapter 259
39 46-1-4, as last amended by Laws of Utah 2017, Chapter 259
40 46-1-6, as repealed and reenacted by Laws of Utah 2017, Chapter 259
41 46-1-6.5, as enacted by Laws of Utah 2017, Chapter 259
42 46-1-10, as repealed and reenacted by Laws of Utah 1998, Chapter 287
43 46-1-12, as last amended by Laws of Utah 1998, Chapter 287
44 46-1-13, as repealed and reenacted by Laws of Utah 1998, Chapter 287
45 46-1-14, as last amended by Laws of Utah 2006, Chapter 21
46 46-1-15, as last amended by Laws of Utah 2017, Chapter 259
47 46-1-16, as last amended by Laws of Utah 2017, Chapter 259
48 46-1-17, as repealed and reenacted by Laws of Utah 1998, Chapter 287
49 46-1-18, as last amended by Laws of Utah 2017, Chapter 259
50 46-1-21, as last amended by Laws of Utah 2003, Chapter 136
51 53-10-108, as last amended by Laws of Utah 2018, Chapters 417 and 427
52 ENACTS:
53 46-1-3.5, Utah Code Annotated 1953
54 46-1-3.6, Utah Code Annotated 1953
55 46-1-3.7, Utah Code Annotated 1953
56
57 Be it enacted by the Legislature of the state of Utah:
58 Section 1. Section 46-1-2 is amended to read:
59 46-1-2. Definitions.
60 As used in this chapter:
61 (1) "Acknowledgment" means a notarial act in which a notary certifies that a signer,
62 whose identity is personally known to the notary or proven on the basis of satisfactory
63 evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the
64 document's stated purpose.
65 (2) "Before me" means that an individual appears in the presence of the notary.
66 [
67 (a) to empower to perform notarial acts; or
68 (b) the written document that gives authority to perform notarial acts, including the
69 Certificate of Authority of Notary Public that the lieutenant governor issues to a notary.
70 [
71 photocopy is an accurate copy of a document that is neither a public record nor publicly
72 recorded.
73 (5) "Electronic recording" means the audio and video recording, described in
74 Subsection 46-1-3.6(3), of a remote notarization.
75 (6) "Electronic seal" means an electronic version of the seal described in Section
76 46-1-16, that conforms with rules made under Subsection 46-1-3.7(1)(d), that a remote notary
77 may attach to a notarial certificate to complete a remote notarization.
78 [
79 46-4-102.
80 (8) "In the presence of the notary" means that an individual:
81 (a) is physically present with the notary in close enough proximity to see and hear the
82 notary; or
83 (b) communicates with a remote notary by means of an electronic device or process
84 that:
85 (i) allows the individual and remote notary to communicate with one another
86 simultaneously by sight and sound; and
87 (ii) complies with rules made under Section 46-1-3.7.
88 [
89 (a) the identity of a signer who:
90 (i) is personally known to the notary; or
91 (ii) provides the notary satisfactory evidence of the signer's identity;
92 (b) that the signer affirms or swears an oath attesting to the truthfulness of a document;
93 and
94 (c) that the signer voluntarily signs the document in the presence of the notary.
95 [
96 perform under Section 46-1-6.
97 [
98 is:
99 (a) a part of or attached to a notarized document; and
100 (b) completed by the notary and bears the notary's signature and official seal.
101 [
102 notarial acts under this chapter.
103 (b) "Notary" includes a remote notary.
104 [
105 person made a vow or affirmation in the presence of the notary on penalty of perjury.
106 [
107 failure to perform any act mandated by this chapter or by any other law in connection with a
108 notarial act.
109 (15) (a) "Official seal" means the seal described in Section 46-1-16 that a notary may
110 attach to a notarial certificate to complete a notarization.
111 (b) "Official seal" includes an electronic seal.
112 [
113 interactions with that individual over a period of time sufficient to eliminate every reasonable
114 doubt that the individual has the identity claimed.
115 (17) "Remote notarization" means a notarial act performed by a remote notary in
116 accordance with this chapter for an individual who is not in the physical presence of the remote
117 notary at the time the remote notary performs the notarial act.
118 (18) "Remote notary" means a notary that holds an active remote notary certification
119 under Section 46-1-3.5.
120 [
121 (i) for both an in-person and remote notarization, identification of an individual based
122 on:
123 [
124 individual's photograph, signature, and physical description that the United States government,
125 any state within the United States, or a foreign government issues;
126 [
127 [
128 notary and who personally knows the individual[
129 (ii) for a remote notarization only, a third party's affirmation of an individual's identity
130 in accordance with rules made under Section 46-1-3.7 by means of:
131 (A) dynamic knowledge-based authentication, which may include requiring the
132 individual to answer questions about the individual's personal information obtained from
133 public or proprietary data sources; or
134 (B) analysis of the individual's biometric data, which may include facial recognition,
135 voiceprint analysis, or fingerprint analysis.
136 (b) "Satisfactory evidence of identity," for a remote notarization, requires the
137 identification described in Subsection (19)(a)(i)(A) or passport described in Subsection
138 (19)(a)(i)(B) to be verified through public or proprietary data sources in accordance with rules
139 made under Section 46-1-3.7.
140 [
141 (i) a driving privilege card under Subsection 53-3-207(10); or
142 (ii) another document that is not considered valid for identification.
143 [
144 (a) appears in [
145 (b) provides the notary satisfactory evidence of the individual's identity, or is
146 personally known to the notary; and
147 (c) signs the document in the presence of the notary.
148 Section 2. Section 46-1-3 is amended to read:
149 46-1-3. Qualifications -- Application for notarial commission required -- Term.
150 (1) Except as provided in Subsection [
151 lieutenant governor shall commission as a notary any qualified person who submits an
152 application in accordance with this chapter.
153 (2) To qualify for a notarial commission an individual shall:
154 (a) be at least 18 years old;
155 (b) lawfully reside in the state for at least 30 days immediately before the individual
156 applies for a notarial commission;
157 (c) be able to read, write, and understand English;
158 (d) submit an application to the lieutenant governor containing no significant
159 misstatement or omission of fact, that includes:
160 (i) the individual's:
161 (A) name as it will appear on the commission;
162 (B) residential address;
163 (C) business address;
164 (D) daytime telephone number; and
165 (E) date of birth;
166 (ii) an affirmation that the individual meets the requirements of this section;
167 (iii) an indication of any criminal convictions the individual has received, including a
168 plea of admission or no contest;
169 (iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a
170 notarial commission or other professional license involving the applicant in this or any other
171 state;
172 (v) an indication that the individual has passed the examination described in
173 Subsection [
174 (vi) payment of an application fee that the lieutenant governor establishes in
175 accordance with Section 63J-1-504; [
176 (e) (i) be a United States citizen; or
177 (ii) have permanent resident status under Section 245 of the Immigration and
178 Nationality Act[
179 (f) submit to a background check described in Subsection (3).
180 (3) (a) The lieutenant governor shall:
181 (i) request the Department of Human Resource Management to perform a criminal
182 background check under Subsection 53-10-108(16) on each individual who submits an
183 application under this section;
184 (ii) require an individual who submits an application under this section to provide a
185 signed waiver on a form provided by the lieutenant governor that complies with Subsection
186 53-10-108(4); and
187 (iii) provide the Department of Human Resource Management the personal identifying
188 information of each individual who submits an application under this section.
189 (b) The Department of Human Resource Management shall:
190 (i) perform a criminal background check under Subsection 53-10-108(16) on each
191 individual described in Subsection (3)(a)(i); and
192 (ii) provide to the lieutenant governor all information that pertains to the individual
193 described in Subsection (3)(a)(i) that the department identifies or receives as a result of the
194 background check.
195 [
196 (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
197 (b) any revocation, suspension, or restriction of a notarial commission or professional
198 license issued to the applicant by this or any other state;
199 (c) the applicant's official misconduct while acting in the capacity of a notary; or
200 (d) the applicant's failure to pass the examination described in Subsection [
201 [
202 (i) may perform notarial acts in any part of the state for a term of four years, unless the
203 person resigns or the commission is revoked or suspended under Section 46-1-19[
204 (ii) except through a remote notarization performed in accordance with this chapter,
205 may not perform a notarial act for another individual who is outside of the state.
206 (b) (i) After an individual's commission expires, the individual may not perform a
207 notarial act until the individual obtains a new commission.
208 (ii) An individual whose commission expires and who wishes to obtain a new
209 commission shall submit a new application, showing compliance with the requirements of this
210 section.
211 [
212 lieutenant governor approves and submit the examination to a testing center that the lieutenant
213 governor designates for purposes of scoring the examination.
214 (b) The testing center that the lieutenant governor designates shall issue a written
215 acknowledgment to the applicant indicating whether the applicant passed or failed the
216 examination.
217 [
218 the notary's notarial commission.
219 (b) A notary who does not maintain permanent residency under Subsection [
220 shall resign the notary's notarial commission in accordance with Section 46-1-21.
221 Section 3. Section 46-1-3.5 is enacted to read:
222 46-1-3.5. Remote notary qualifications -- Application -- Authority.
223 (1) An individual commissioned as a notary, or an individual applying to be
224 commissioned as a notary, under Section 46-1-3 may apply to the lieutenant governor for a
225 remote notary certification under this section.
226 (2) The lieutenant governor shall certify an individual to perform remote notarizations
227 as a remote notary if the individual:
228 (a) complies with Section 46-1-3 to become a commissioned notary;
229 (b) submits to the lieutenant governor, on a form created by the lieutenant governor, a
230 correctly completed application for a remote notary certification; and
231 (c) pays to the lieutenant governor the application fee described in Subsection (4).
232 (3) The lieutenant governor shall ensure that the application described in Subsection
233 (2)(b) requires an applicant to:
234 (a) list the applicant's name as it appears or will appear on the applicant's notarial
235 commission;
236 (b) agree to comply with the provisions of this chapter, and rules made under Section
237 46-1-3.7, that relate to a remote notarization; and
238 (c) provide the applicant's email address.
239 (4) The lieutenant governor may establish and charge a fee in accordance with Section
240 63J-1-504 to an individual who seeks to obtain remote notary certification under this section.
241 Section 4. Section 46-1-3.6 is enacted to read:
242 46-1-3.6. Remote notarization procedures.
243 (1) A remote notary who receives a remote notary certification under Section 46-1-3.5
244 may perform a remote notarization if the remote notary is physically located in this state.
245 (2) A remote notary that performs a remote notarization for an individual that is not
246 personally known to the remote notary shall, at the time the remote notary performs the remote
247 notarization, establish satisfactory evidence of identity for the individual by:
248 (a) communicating with the individual using an electronic device or process that:
249 (i) allows the individual and remote notary to communicate with one another
250 simultaneously by sight and sound; and
251 (ii) complies with rules made under Section 46-1-3.7; and
252 (b) requiring the individual to transmit to the remote notary an image of a form of
253 identification described in Subsection 46-1-2(17)(a)(i)(A) or passport described in Subsection
254 46-1-2(17)(a)(i)(B) that is of sufficient quality for the remote notary to establish satisfactory
255 evidence of identity.
256 (3) (a) A remote notary shall create an audio and video recording of the performance of
257 each remote notarization and store the recording in accordance with Sections 46-1-14 and
258 46-1-15.
259 (b) A remote notary shall take reasonable steps, consistent with industry standards, to
260 ensure that any non-public data transmitted or stored in connection with a remote notarization
261 performed by the remote notary is secure from unauthorized interception or disclosure.
262 (4) Notwithstanding any other provision of law, a remote notarization lawfully
263 performed under this chapter satisfies any provision of state law that requires an individual to
264 personally appear before, or be in the presence of, a notary at the time the notary performs a
265 notarial act.
266 Section 5. Section 46-1-3.7 is enacted to read:
267 46-1-3.7. Rulemaking authority for remote notarization.
268 (1) The director of elections in the Office of the Lieutenant Governor may make rules
269 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding
270 standards for and types of:
271 (a) electronic software and hardware that a remote notary may use to:
272 (i) perform a remote notarization; and
273 (ii) keep an electronic journal under Section 46-1-13;
274 (b) public and proprietary data sources that a remote notary may use to establish
275 satisfactory evidence of identity under Subsection 46-1-2(17)(b);
276 (c) dynamic knowledge-based authentication or biometric data analysis that a remote
277 notary may use to establish satisfactory evidence of identity under Subsection 46-1-2(17)(a)(ii);
278 and
279 (d) electronic seals a remote notary may use to complete an electronic notarial
280 certificate.
281 (2) When making a rule under this section, the director of elections in the Office of the
282 Lieutenant Governor shall review and consider standards recommended by one or more
283 national organizations that address the governance or operation of notaries.
284 Section 6. Section 46-1-4 is amended to read:
285 46-1-4. Bond.
286 (1) A notarial commission is not effective until:
287 [
288 files a $5,000 bond with the lieutenant governor that:
289 [
290 commission's effective date and ending on the commission's expiration date; and
291 [
292 while acting in the scope of the notary's commission; and
293 [
294
295 (2) In addition to the requirements described in Subsection (1), a remote notary
296 certification described in Section 46-1-3.5 is not effective until:
297 (a) the notary named in the remote notary certification files with the lieutenant
298 governor evidence that the notary has obtained $5,000 of bond coverage, in addition to the
299 bond coverage described in Subsection (1)(a), that:
300 (i) a licensed surety executes for a term that begins on the certification's effective date
301 and ends on the remote notary's commission's expiration date; and
302 (ii) conditions payment of bond funds to any person upon the remote notary's
303 misconduct while acting in the scope of the remote notary's commission; and
304 (b) the lieutenant governor approves the additional bond coverage described in
305 Subsection (2)(a).
306 Section 7. Section 46-1-6 is amended to read:
307 46-1-6. Powers and limitations.
308 (1) A notary may perform the following acts:
309 (a) a jurat;
310 (b) an acknowledgment;
311 (c) a signature witnessing;
312 (d) a copy certification; and
313 (e) an oath or affirmation.
314 (2) A notary may not:
315 (a) perform an act as a notary that is not described in Subsection (1); or
316 (b) perform an act described in Subsection (1) if the [
317 notary performs the notarial act is not in the [
318 notary performs the act.
319 Section 8. Section 46-1-6.5 is amended to read:
320 46-1-6.5. Form of notarial certificate for document notarizations.
321 (1) A correctly completed affidavit in substantially the form described in this section,
322 that is included in or attached to a document, is sufficient for the completion of a notarization
323 under this Title 46, Chapter 1, Notaries Public Reform Act.
324 (2) (a) A notary shall ensure that a signer takes the following oath or makes the
325 following affirmation before the notary witnesses the signature for a jurat:
326 "Do you swear or affirm under penalty of perjury that the statements in your document
327 are true?"
328 (b) An affidavit for a jurat that is in substantially the following form is sufficient under
329 Subsection (1):
330 "State of Utah
331 §
332 County of ____________
333 Subscribed and sworn to before me (notary public name), on this (date) day of (month),
334 in the year (year), by (name of document signer).
335 ([
336 Notary Signature".
337 (3) An affidavit for an acknowledgment that is in substantially the following form is
338 sufficient under Subsection (1):
339 "State of Utah
340 §
341 County of ____________
342 On this (date) day of (month), in the year (year), before me (name of notary public), a
343 notary public, personally appeared (name of document signer), proved on the basis of
344 satisfactory evidence to be the person(s) whose name(s) (is/are) subscribed to in this document,
345 and acknowledged (he/she/they) executed the same.
346 ([
347 Notary Signature".
348 (4) An affidavit for a copy certification that is in substantially the following form is
349 sufficient under Subsection (1):
350 "State of Utah
351 §
352 County of ____________
353 On this (date) day of (month), in the year (year), I certify that the preceding or attached
354 document is a true, exact, and unaltered photocopy of (description of document), and that, to
355 the best of my knowledge, the photocopied document is neither a public record nor a publicly
356 recorded document.
357 ([
358 Notary Signature".
359 (5) An affidavit for a signature witnessing that is in substantially the following form is
360 sufficient under Subsection (1):
361 "State of Utah
362 §
363 County of ____________
364 On this (date) day of (month), in the year (year), before me, (name of notary public),
365 personally appeared (name of document signer), proved to me through satisfactory evidence of
366 identification, which was (form of identification), to be the person whose name is signed on the
367 preceding or attached document in my presence.
368 ([
369 Notary Signature".
370 (6) A remote notary shall ensure that the notarial certificate described in this section
371 that is used for a remote notarization includes a statement that the remote notary performed the
372 notarization remotely.
373 Section 9. Section 46-1-10 is amended to read:
374 46-1-10. Testimonials prohibited.
375 A notary may not use the notary's title or official seal to endorse or promote any
376 product, service, contest, or other offering [
377
378 Section 10. Section 46-1-12 is amended to read:
379 46-1-12. Fees and notice.
380 (1) (a) [
381 Subsection (1)(b), the maximum fees a notary may charge for notarial acts are [
382 [
383 [
384 [
385 [
386 $10 per person[
387 (v) for each signature witnessing, $10.
388 (b) The maximum fee a remote notary may charge for an item described in Subsection
389 (1)(a) that the remote notary performs as a part of a remote notarization is $25.
390 (2) A notary may charge a travel fee, not to exceed the approved federal mileage rate,
391 when traveling to perform a notarial act if:
392 (a) the notary explains to the person requesting the notarial act that the travel fee is
393 separate from the notarial fee in Subsection (1) and is neither specified nor mandated by law;
394 and
395 (b) the notary and the person requesting the notarial act agree upon the travel fee in
396 advance.
397 (3) A notary shall display an English-language schedule of fees for notarial acts and
398 may display a nonEnglish-language schedule of fees.
399 (4) (a) [
400 than $10 per individual for each set of forms relating to a change of that individual's
401 immigration status.
402 (b) The fee limitation described in Subsection (4)(a) [
403 applies regardless of whether the notary is acting as a notary but does not apply to a licensed
404 attorney, who is also a notary rendering professional services regarding immigration matters.
405 Section 11. Section 46-1-13 is amended to read:
406 46-1-13. Notary journal.
407 (1) A notary may keep, maintain, and protect as a public record, and provide for lawful
408 inspection a chronological, permanently bound official journal of notarial acts, containing
409 numbered pages.
410 (2) A remote notary shall keep a secure electronic journal of each remote notarization
411 the notary performs.
412 Section 12. Section 46-1-14 is amended to read:
413 46-1-14. Entries in journal -- Required information.
414 (1) [
415 notary performs, and a remote notary shall, for each notarial act the remote notary performs
416 remotely, record the following information in the journal described in Section 46-1-13 at the
417 time of notarization:
418 (a) the date and time of day of the notarial act;
419 (b) the type of notarial act;
420 (c) [
421 that is the subject of the notarial act;
422 (d) the signature and printed name and address of each [
423 notarial act is performed;
424 (e) the evidence of identity of each [
425 performed, in the form of:
426 (i) a statement that the person is [
427 (ii) a description of the identification document[
428 issuing agency, [
429 [
430 (iii) the signature and printed name and address of a credible witness swearing or
431 affirming to the person's identity; [
432 (iv) if used for a remote notarization, a description of the dynamic knowledge-based
433 authentication or biometric data analysis that was used to provide satisfactory evidence of
434 identity under Subsection 46-1-2(17)(a)(ii); and
435 (f) the fee, if any, the notary charged for the notarial act.
436 (2) A notary may record in the journal a description of the circumstances [
437 under which the notary refused to perform or complete a notarial act.
438 (3) (a) A remote notary shall include with the journal a copy of the electronic recording
439 of the remote notarization.
440 (b) The electronic recording is not a public record and is not a part of the notary's
441 journal.
442 (4) A remote notary shall maintain, or ensure that a person that the notary designates as
443 a custodian under Subsection 46-1-15(2)(b)(i) maintains, for a period of five years, the
444 information described in Subsections (1) and (3) for each remote notarization the notary
445 performs.
446 Section 13. Section 46-1-15 is amended to read:
447 46-1-15. Inspection of journal -- Safekeeping and custody of journal.
448 (1) [
449 notary shall:
450 (a) keep the journal in the notary's exclusive custody; and
451 (b) ensure that the journal is not used by any other person for any purpose.
452 (2) (a) A remote notary shall:
453 (i) ensure that the electronic journal and electronic recording described in Section
454 46-1-14 that is maintained by the remote notary is a secure and authentic record of the remote
455 notarizations that the notary performs;
456 (ii) maintain a backup electronic journal and electronic recording; and
457 (iii) protect the backup electronic journal and electronic recording described in
458 Subsection (2)(a)(ii) from unauthorized access or use.
459 (b) (i) A remote notary may designate as a custodian of the remote notary's electronic
460 journal and electronic recording described in Section 46-1-14:
461 (A) subject to Subsection (3), the remote notary's employer that employs the remote
462 notary to perform notarizations; or
463 (B) except as provided in Subsection (2)(b)(iii), an electronic repository that grants the
464 remote notary sole access to the electronic journal and electronic recording and does not allow
465 the person who operates the electronic repository or any other person to access the journal,
466 information in the journal, or the electronic recording for any purpose.
467 (ii) A remote notary that designates a custodian under Subsection (2)(b)(i) shall
468 execute an agreement with the custodian that requires the custodian to comply with the safety
469 and security requirements of this chapter with regard to the electronic journal, the information
470 in the electronic journal, and the electronic recording.
471 (iii) An electronic repository described in Subsection (2)(b)(i)(B) may access an
472 electronic journal, information contained in an electronic journal, and the electronic recording:
473 (A) for a purpose solely related to completing, in accordance with this chapter, the
474 notarization for which the journal or information in the journal is accessed;
475 (B) for a purpose solely related to complying with the requirements to retain and store
476 records under this chapter; or
477 (C) if required under a court order.
478 [
479 the electronic recording upon termination of the notary's employment.
480 Section 14. Section 46-1-16 is amended to read:
481 46-1-16. Official signature -- Official seal -- Destruction of seal -- Unlawful use of
482 seal -- Criminal penalties.
483 (1) In completing a notarial act, a notary shall sign on the notarial certificate exactly
484 and only the name indicated on the notary's commission.
485 (2) (a) [
486 [
487 the exclusive property of the notary [
488 (b) Except as provided in Subsection (2)(d), a notary's official seal, electronic seal, or
489 electronic signature may not be used by any other person.
490 [
491
492 (c) (i) Each [
493 for an in-person notarization shall be in purple ink.
494 (ii) Each official seal used for a remote notarization shall be rendered in black.
495 (d) (i) A remote notary may allow a person that provides an electronic seal to the
496 remote notary under Section 46-1-17 to act as guardian over the electronic seal.
497 (ii) Except as provided in Subsection (2)(d)(iii), a guardian described in Subsection
498 (2)(d)(i) shall store the seal in a secure manner that prevents any person from:
499 (A) accessing the seal, other than the guardian and the remote notary named on the
500 seal; or
501 (B) using the seal to perform a notarization, other than the remote notary named on the
502 seal.
503 (iii) A guardian that a notary designates under Subsection (2)(d)(i) may access and use
504 the seal of the notary:
505 (A) for a purpose solely related to completing, in accordance with this chapter, the
506 notarization, by the notary, for which the seal is accessed or used;
507 (B) for a purpose solely related to complying with the requirements to obtain, store,
508 and protect the seal under this chapter; or
509 (C) if required under a court order.
510 (3) (a) A notary shall obtain a new official seal:
511 (i) when the notary receives a new commission; or
512 (ii) if the notary changes the notary's name of record at any time during the notary's
513 commission.
514 (b) [
515 near the notary's official signature on a notarial certificate and shall include a sharp, legible,
516 and photographically reproducible [
517 that consists of:
518 (i) the notary public's name exactly as indicated on the notary's commission;
519 (ii) the words "notary public," "state of Utah," and "my commission expires on
520 (commission expiration date)";
521 (iii) the notary's commission number, exactly as indicated on the notary's commission;
522 (iv) a facsimile of the great seal of the state; and
523 (v) a rectangular border no larger than one inch by two and one-half inches surrounding
524 the required words and official seal.
525 (c) When performing a remote notarization, a remote notary shall attach the remote
526 notary's electronic signature and electronic seal under Subsection (3)(b) to an electronic
527 notarial certificate in a manner that makes evident any subsequent change or modification to:
528 (i) the notarial certificate; or
529 (ii) any electronic record, that is a part of the notarization, to which the notarial
530 certificate is attached.
531 (4) A notary may use an embossed seal impression that is not photographically
532 reproducible in addition to, but not in place of, the photographically reproducible official seal
533 required in this section.
534 (5) A notary shall affix the [
535 render illegible any information or signatures contained in the document or in the notarial
536 certificate.
537 (6) A notary may not use [
538 certificate.
539 (7) [
540 notarization, a notarial certificate on an annexation, subdivision, or other map or plat is
541 considered complete without the imprint of the notary's official seal if:
542 (a) the notary signs the notarial certificate in permanent ink; and
543 (b) the following appear below or immediately adjacent to the notary's signature:
544 (i) the notary's name and commission number appears exactly as indicated on the
545 notary's commission;
546 (ii) the words "A notary public commissioned in Utah"; and
547 (iii) the expiration date of the notary's commission.
548 (8) A notarial certificate on an electronic message or document is considered complete
549 without the [
550 electronically within the message or document:
551 (a) the notary's name and commission number appearing exactly as indicated on the
552 notary's commission; and
553 (b) the words "notary public," "state of Utah," and "my commission expires on______
554 (date)".
555 (9) (a) When a notary resigns or the notary's commission expires or is revoked, the
556 notary shall:
557 (i) destroy the notary's official seal and certificate; and
558 (ii) if the notary is a remote notary, destroy any coding, disk, certificate, card, software,
559 or password that enables the remote notary to affix the remote notary's electronic signature or
560 electronic seal to a notarial certificate.
561 (b) A former remote notary shall certify to the lieutenant governor in writing that the
562 former remote notary has complied with Subsection (9)(a)(ii) within 10 days after the day on
563 which the notary resigns or the notary's commission expires or is revoked.
564 (10) (a) A person who, without authorization, knowingly obtains, conceals, damages,
565 or destroys the certificate, disk, coding, card, program, software, or hardware enabling a remote
566 notary to affix an official electronic signature or electronic seal to an electronic record is guilty
567 of a class B misdemeanor.
568 (b) A remote notary shall immediately notify the lieutenant governor if the notary
569 becomes aware that the notary's electronic signature, electronic seal, electronic journal, or
570 information from the journal has been lost, stolen, or used unlawfully.
571 Section 15. Section 46-1-17 is amended to read:
572 46-1-17. Obtaining official seal.
573 (1) A [
574
575
576 attached to a notarized declaration substantially as follows:
577 Application for [
578 I, __________________ (name of [
579 a notary public duly commissioned by the state of Utah with a commission starting date of
580 __________, a commission expiration date of_______________, and a commission number of
581 ___________. As evidence, I attach to this [
582 commission.
583 (2) (a) Except as provided in Subsection (2)(b), an individual may not create, obtain, or
584 possess an electronic seal unless the individual is a remote notary.
585 (b) A person is not guilty of a violation of Subsection (2)(a) if the person is a business
586 that creates, obtains, or possesses an electronic seal for the sole purpose of providing the
587 electronic seal to a certified remote notary.
588 [
589 official seal in violation of this section is guilty of a class B misdemeanor.
590 Section 16. Section 46-1-18 is amended to read:
591 46-1-18. Liability.
592 (1) A notary may be liable to any person for any damage to that person proximately
593 caused by the notary's misconduct in performing a notarization.
594 (2) (a) A surety for a notary's bond may be liable to any person for damages
595 proximately caused to that person by the notary's misconduct in performing a notarization, but
596 the surety's liability may not exceed the penalty of the bond or of any remaining bond funds
597 that have not been expended to other claimants.
598 (b) Regardless of the number of claimants under Subsection (2)(a), a surety's total
599 liability may not exceed the penalty of the bond.
600 (3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for:
601 (a) a notary to violate a provision of this chapter; or
602 (b) [
603 provision of this chapter.
604 Section 17. Section 46-1-21 is amended to read:
605 46-1-21. Resignation.
606 (1) A notary who resigns a notarial commission shall provide to the lieutenant
607 governor a notice indicating the effective date of resignation.
608 (2) A notary who ceases to reside in this state or who becomes unable to read and write
609 as provided in Section 46-1-3 shall resign the commission.
610 (3) A notary who resigns shall destroy the official seal and certificate in accordance
611 with Subsection 46-1-16(9).
612 Section 18. Section 53-10-108 is amended to read:
613 53-10-108. Restrictions on access, use, and contents of division records -- Limited
614 use of records for employment purposes -- Challenging accuracy of records -- Usage fees
615 -- Missing children records -- Penalty for misuse of records.
616 (1) As used in this section:
617 (a) "FBI Rap Back System" means the rap back system maintained by the Federal
618 Bureau of Investigation.
619 (b) "Rap back system" means a system that enables authorized entities to receive
620 ongoing status notifications of any criminal history reported on individuals whose fingerprints
621 are registered in the system.
622 (c) "WIN Database" means the Western Identification Network Database that consists
623 of eight western states sharing one electronic fingerprint database.
624 (2) Dissemination of information from a criminal history record, including information
625 obtained from a fingerprint background check, name check, warrant of arrest information, or
626 information from division files, is limited to:
627 (a) criminal justice agencies for purposes of administration of criminal justice and for
628 employment screening by criminal justice agencies;
629 (b) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
630 agency to provide services required for the administration of criminal justice;
631 (ii) the agreement shall specifically authorize access to data, limit the use of the data to
632 purposes for which given, and ensure the security and confidentiality of the data;
633 (c) a qualifying entity for employment background checks for their own employees and
634 persons who have applied for employment with the qualifying entity;
635 (d) noncriminal justice agencies or individuals for any purpose authorized by statute,
636 executive order, court rule, court order, or local ordinance;
637 (e) agencies or individuals for the purpose of obtaining required clearances connected
638 with foreign travel or obtaining citizenship;
639 (f) agencies or individuals for the purpose of a preplacement adoptive study, in
640 accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
641 (g) private security agencies through guidelines established by the commissioner for
642 employment background checks for their own employees and prospective employees;
643 (h) state agencies for the purpose of conducting a background check for the following
644 individuals:
645 (i) employees;
646 (ii) applicants for employment;
647 (iii) volunteers; and
648 (iv) contract employees;
649 (i) governor's office for the purpose of conducting a background check on the
650 following individuals:
651 (i) cabinet members;
652 (ii) judicial applicants; and
653 (iii) members of boards, committees, and commissions appointed by the governor;
654 (j) the office of the lieutenant governor for the purpose of conducting a background
655 check on an individual applying to be a notary public under Section 46-1-3.
656 [
657 purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal
658 justice agency; and
659 [
660 necessary for protection of life and property and for offender identification, apprehension, and
661 prosecution pursuant to an agreement.
662 (3) An agreement under Subsection (2)[
663 data, limit the use of data to research, evaluative, or statistical purposes, preserve the
664 anonymity of individuals to whom the information relates, and ensure the confidentiality and
665 security of the data.
666 (4) (a) Before requesting information, a qualifying entity under Subsection (2)(c), state
667 agency, or other agency or individual described in Subsections (2)(d) through [
668 obtain a signed waiver from the person whose information is requested.
669 (b) The waiver shall notify the signee:
670 (i) that a criminal history background check will be conducted;
671 (ii) who will see the information; and
672 (iii) how the information will be used.
673 (c) A qualifying entity under Subsection (2)(c), state agency, or other agency or
674 individual described in Subsections (2)(d) through (g) that submits a request for a noncriminal
675 justice name based background check of local databases to the bureau shall provide to the
676 bureau:
677 (i) personal identifying information for the subject of the background check; and
678 (ii) the fee required by Subsection (15)[
679 (d) A qualifying entity under Subsection (2)(c), state agency, or other agency or
680 individual described in Subsections (2)(d) through (g) that submits a request for a WIN
681 database check to the bureau shall provide to the bureau:
682 (i) personal identifying information for the subject of the background check;
683 (ii) a fingerprint card for the subject of the background check; and
684 (iii) the fee required by Subsection (15)[
685 (e) Information received by a qualifying entity under Subsection (2)(c), state agency, or
686 other agency or individual described in Subsections (2)(d) through [
687 (i) available to individuals involved in the hiring or background investigation of the job
688 applicant [
689 (ii) used for the purpose of assisting in making an employment appointment, selection,
690 or promotion decision or for considering a notary applicant under Section 46-1-3; and
691 (iii) used for the purposes disclosed in the waiver signed in accordance with Subsection
692 (4)(b).
693 (f) An individual who disseminates or uses information obtained from the division
694 under Subsections (2)(c) through [
695 Subsection (4)(e), in addition to any penalties provided under this section, is subject to civil
696 liability.
697 (g) A qualifying entity under Subsection (2)(c), state agency, or other agency or
698 individual described in Subsections (2)(d) through [
699 information shall provide the subject of the background check an opportunity to:
700 (i) review the information received as provided under Subsection (9); and
701 (ii) respond to any information received.
702 (h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
703 division may make rules to implement this Subsection (4).
704 (i) The division or its employees are not liable for defamation, invasion of privacy,
705 negligence, or any other claim in connection with the contents of information disseminated
706 under Subsections (2)(c) through [
707 (5) (a) Any criminal history record information obtained from division files may be
708 used only for the purposes for which it was provided and may not be further disseminated,
709 except under Subsection (5)(b), (c), or (d).
710 (b) A criminal history provided to an agency pursuant to Subsection (2)(f) may be
711 provided by the agency to the individual who is the subject of the history, another licensed
712 child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
713 adoption.
714 (c) A criminal history of a defendant provided to a criminal justice agency under
715 Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
716 upon request during the discovery process, for the purpose of establishing a defense in a
717 criminal case.
718 (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
719 Transit District Act, that is under contract with a state agency to provide services may, for the
720 purposes of complying with Subsection 62A-5-103.5(5), provide a criminal history record to
721 the state agency or the agency's designee.
722 (6) The division may not disseminate criminal history record information to qualifying
723 entities under Subsection (2)(c) regarding employment background checks if the information is
724 related to charges:
725 (a) that have been declined for prosecution;
726 (b) that have been dismissed; or
727 (c) regarding which a person has been acquitted.
728 (7) (a) This section does not preclude the use of the division's central computing
729 facilities for the storage and retrieval of criminal history record information.
730 (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
731 unauthorized agencies or individuals.
732 (8) Direct access through remote computer terminals to criminal history record
733 information in the division's files is limited to those agencies authorized by the commissioner
734 under procedures designed to prevent unauthorized access to this information.
735 (9) (a) The commissioner shall establish procedures to allow an individual right of
736 access to review and receive a copy of the individual's criminal history report.
737 (b) A processing fee for the right of access service, including obtaining a copy of the
738 individual's criminal history report under Subsection (9)(a) shall be set in accordance with
739 Section 63J-1-504.
740 (c) (i) The commissioner shall establish procedures for an individual to challenge the
741 completeness and accuracy of criminal history record information contained in the division's
742 computerized criminal history files regarding that individual.
743 (ii) These procedures shall include provisions for amending any information found to
744 be inaccurate or incomplete.
745 (10) The private security agencies as provided in Subsection (2)(g):
746 (a) shall be charged for access; and
747 (b) shall be registered with the division according to rules made by the division under
748 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
749 (11) Before providing information requested under this section, the division shall give
750 priority to criminal justice agencies needs.
751 (12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
752 use, disclose, or disseminate a record created, maintained, or to which access is granted by the
753 division or any information contained in a record created, maintained, or to which access is
754 granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
755 policy of a governmental entity.
756 (b) A person who discovers or becomes aware of any unauthorized use of records
757 created or maintained, or to which access is granted by the division shall inform the
758 commissioner and the director of the Utah Bureau of Criminal Identification of the
759 unauthorized use.
760 (13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in
761 Subsection (2)(b) may request that the division register fingerprints taken for the purpose of
762 conducting current and future criminal background checks under this section with:
763 (i) the WIN Database rap back system, or any successor system;
764 (ii) the FBI Rap Back System; or
765 (iii) a system maintained by the division.
766 (b) A qualifying entity or an entity described in Subsection (2)(b) may only make a
767 request under Subsection (13)(a) if the entity:
768 (i) has the authority through state or federal statute or federal executive order;
769 (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
770 and
771 (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
772 notifications for individuals with whom the entity maintains an authorizing relationship.
773 (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
774 be retained in the FBI Rap Back System for the purpose of being searched by future
775 submissions to the FBI Rap Back System, including latent fingerprint searches.
776 (15) (a) The division shall impose fees set in accordance with Section 63J-1-504 for
777 the applicant fingerprint card, name check, and to register fingerprints under Subsection
778 (13)(a).
779 (b) Funds generated under this Subsection (15) shall be deposited into the General
780 Fund as a dedicated credit by the department to cover the costs incurred in providing the
781 information.
782 (c) The division may collect fees charged by an outside agency for services required
783 under this section.
784 (16) For the purposes of conducting a criminal background check authorized under
785 Subsection (2)(h) [
786 accordance with Title 67, Chapter 19, Utah State Personnel Management Act, and the
787 governor's office shall have direct access to criminal background information maintained under
788 Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
789 Section 19. Effective date.
790 This bill takes effect on November 1, 2019.