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• 2019 General Session
• H.B. 408

H.B. 408 Notary Public Liability Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Hall, Craig

Floor Sponsor: Sen. Cullimore, Kirk A.

• Drafting Attorney: Kurt P. Gasser
• Fiscal Analyst: Alexander R. Wilson

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• Bill Text
  • Introduced
  • Enrolled (Currently Displayed)

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• Related Documents
  • Fiscal Note
  • House Transmittal Letter 1
  • Senate Transmittal Letter 1
  • Agency Perf Note

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• Information
  • Last Action: 26 Mar 2019, Governor Signed
  • Last Location: Lieutenant Governor's office for filing
  • Effective Date: 14 May 2019
  • Session Law Chapter: 313

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• Similar Bills
  • Notarization and Authentication

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• Sections Affected
  • 46-1-18

Enrolled

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H.B. 408

1     NOTARY PUBLIC LIABILITY AMENDMENTS
2     2019 GENERAL SESSION
3     STATE OF UTAH
4     Chief Sponsor: Craig Hall
5     Senate Sponsor: Kirk A. Cullimore
6     

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7     LONG TITLE
8     General Description:
9          This bill amends provisions providing for civil liability for the employer of a notary
10     public for misconduct by the notary public in certain circumstances.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends provisions creating liability for an employer of a notary public for the
14     notary public's misconduct if:
15               •     the notary public was acting within the course and scope of employment; and
16               •     the employer had knowledge of, consented to, or permitted the misconduct.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          46-1-18, as last amended by Laws of Utah 2017, Chapter 259
24     

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25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 46-1-18 is amended to read:
27          46-1-18. Liability.
28          (1) A notary may be liable to any person for any damage to that person proximately
29     caused by the notary's misconduct in performing a notarization.

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30          (2) (a) A surety for a notary's bond may be liable to any person for damages
31     proximately caused to that person by the notary's misconduct in performing a notarization, but
32     the surety's liability may not exceed the penalty of the bond or of any remaining bond funds
33     that have not been expended to other claimants.
34          (b) Regardless of the number of claimants under Subsection (2)(a), a surety's total
35     liability may not exceed the penalty of the bond.
36          (c) An employer of a notary public is also liable for damages proximately caused by the
37     notary's misconduct in performing a notarization if:
38          (i) the notary public was acting within the course and scope of the notary public's
39     employment; and
40          (ii) the employer had knowledge of, consented to, or permitted the misconduct.
41          (3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for:
42          (a) a notary to violate a provision of this chapter; or
43          (b) the employer of a notary to solicit the notary to violate a provision of this chapter.