Chief Sponsor: Merrill F. Nelson

Senate Sponsor: Scott D. Sandall


8     General Description:
9          This bill amends requirements for notaries public.
10     Highlighted Provisions:
11          This bill:
12          ▸     expands eligibility for individuals to qualify for a notarial commission to
13     individuals who are employed in the state; and
14          ▸     amends resignation requirements to account for the eligibility expansion.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          46-1-3, as last amended by Laws of Utah 2019, Chapter 192
22          46-1-21, as last amended by Laws of Utah 2019, Chapter 192

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 46-1-3 is amended to read:
26          46-1-3. Qualifications -- Application for notarial commission required -- Term.
27          (1) Except as provided in Subsection (4), and subject to Section 46-1-3.5, the
28     lieutenant governor shall commission as a notary any qualified [person] individual who
29     submits an application in accordance with this chapter.

30          (2) To qualify for a notarial commission an individual shall:
31          (a) be at least 18 years old;
32          (b) lawfully reside in the state or be employed in the state for at least 30 days
33     immediately before the individual applies for a notarial commission;
34          (c) be able to read, write, and understand English;
35          (d) submit an application to the lieutenant governor containing no significant
36     misstatement or omission of fact, that includes:
37          (i) the individual's:
38          (A) name as it will appear on the commission;
39          (B) residential address;
40          (C) business address;
41          (D) daytime telephone number; and
42          (E) date of birth;
43          (ii) an affirmation that the individual meets the requirements of this section;
44          (iii) an indication of any criminal convictions the individual has received, including a
45     plea of admission or no contest;
46          (iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a
47     notarial commission or other professional license involving the applicant in this or any other
48     state;
49          (v) an indication that the individual has passed the examination described in
50     Subsection (6); and
51          (vi) payment of an application fee that the lieutenant governor establishes in
52     accordance with Section 63J-1-504;
53          (e) (i) be a United States citizen; or
54          (ii) have permanent resident status under Section 245 of the Immigration and
55     Nationality Act; and
56          (f) submit to a background check described in Subsection (3).
57          (3) (a) The lieutenant governor shall:

58          (i) request the Department of Human Resource Management to perform a criminal
59     background check under Subsection 53-10-108(16) on each individual who submits an
60     application under this section;
61          (ii) require an individual who submits an application under this section to provide a
62     signed waiver on a form provided by the lieutenant governor that complies with Subsection
63     53-10-108(4); and
64          (iii) provide the Department of Human Resource Management the personal identifying
65     information of each individual who submits an application under this section.
66          (b) The Department of Human Resource Management shall:
67          (i) perform a criminal background check under Subsection 53-10-108(16) on each
68     individual described in Subsection (3)(a)(i); and
69          (ii) provide to the lieutenant governor all information that pertains to the individual
70     described in Subsection (3)(a)(i) that the department identifies or receives as a result of the
71     background check.
72          (4) The lieutenant governor may deny an application based on:
73          (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
74          (b) any revocation, suspension, or restriction of a notarial commission or professional
75     license issued to the applicant by this or any other state;
76          (c) the applicant's official misconduct while acting in the capacity of a notary; or
77          (d) the applicant's failure to pass the examination described in Subsection (6).
78          (5) (a) An individual whom the lieutenant governor commissions as a notary:
79          (i) may perform notarial acts in any part of the state for a term of four years, unless the
80     [person] individual resigns or the commission is revoked or suspended under Section 46-1-19;
81     and
82          (ii) except through a remote notarization performed in accordance with this chapter,
83     may not perform a notarial act for another individual who is outside of the state.
84          (b) (i) After an individual's commission expires, the individual may not perform a
85     notarial act until the individual obtains a new commission.

86          (ii) An individual whose commission expires and who wishes to obtain a new
87     commission shall submit a new application, showing compliance with the requirements of this
88     section.
89          (6) (a) Each applicant for a notarial commission shall take an examination that the
90     lieutenant governor approves and submit the examination to a testing center that the lieutenant
91     governor designates for purposes of scoring the examination.
92          (b) The testing center that the lieutenant governor designates shall issue a written
93     acknowledgment to the applicant indicating whether the applicant passed or failed the
94     examination.
95          (7) (a) A notary shall maintain permanent residency or employment in the state during
96     the term of the notary's notarial commission.
97          (b) A notary who does not maintain permanent residency or employment under
98     Subsection (7)(a) shall resign the notary's notarial commission in accordance with Section
99     46-1-21.
100          Section 2. Section 46-1-21 is amended to read:
101          46-1-21. Resignation.
102          (1) A notary who resigns a notarial commission shall provide to the lieutenant
103     governor a notice indicating the effective date of resignation.
104          (2) A notary who ceases to reside in this state, who ceases to be employed in the state,
105     or who becomes unable to read and write as provided in Section 46-1-3 shall resign the
106     commission.
107          (3) A notary who resigns shall destroy the official seal and certificate in accordance
108     with Subsection 46-1-16(9).