Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 462 First Substitute (2016GS)

Sponsor

Rep. Hutchings, E.

Final action

House/ filed 3/10/2016

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• amends provisions related to the notarization and authentication of documents; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

NOTARIES PUBLIC AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Eric K. Hutchings
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions related to the notarization and authentication of documents.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends provisions related to the notarization and authentication of documents; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
46-1-2
, as last amended by Laws of Utah 2009, Chapter 315
46-1-3
, as last amended by Laws of Utah 2009, Chapter 183
46-1-15
, as repealed and reenacted by Laws of Utah 1998, Chapter 287
46-1-16
, as last amended by Laws of Utah 2008, Chapter 47
46-1-18
, as last amended by Laws of Utah 2007, Chapter 95
46-1-20
, as last amended by Laws of Utah 2008, Chapter 47
REPEALS AND REENACTS:
46-1-5
, as last amended by Laws of Utah 1998, Chapter 287
46-1-6
, as last amended by Laws of Utah 2006, Chapter 21
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
46-1-2
 is amended to read:
46-1-2.
Definitions.
As used in this chapter:
(1) "Acknowledgment" means a notarial act in which a notary certifies that a signer,
whose identity is personally known to the notary or proven on the basis of satisfactory
evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the
document's stated purpose.
(2) "Commission" means:
(a) to empower to perform notarial acts; [
and
] 
or
(b) the written 
document that gives
 authority to perform [
those
] 
notarial
 acts[
.
]
,
including the Certificate of Authority of Notary Public issued by the lieutenant governor to a
notary.
(3) "Copy certification" means a notarial act in which a notary certifies that a
photocopy is an accurate copy of a document that is neither a public record nor publicly
recorded.
(4) "Electronic signature" [
has the same meaning as provided under
] 
means the same as
that term is defined in
 Section 
46-4-102
.
(5) "Jurat" means a notarial act in which a notary certifies that a signer, whose identity
is personally known to the notary or proven on the basis of satisfactory evidence, has made, in
the notary's presence, a voluntary signature and taken an oath or affirmation vouching for the
truthfulness of the signed document.
(6) "Notarial act" [
and
] 
or
 "notarization" [
mean any
] 
means an
 act that a notary is
[
empowered
] 
authorized
 to perform under this [
section
] 
chapter
.
(7) "Notarial certificate" means the part of
,
 or attachment to
,
 a notarized document [
for
completion by the notary and bearing the notary's signature and seal.
] 
that:
(a) is completed by the notary;
(b) bears the notary's signature and seal; and
(c) states the location, date, and facts to which the notary attests.
(8) "Notarial language" means the writing that constitutes a notarial act described in
Section 
46-1-6
.
[
(8)
] 
(9)
 "Notary" means any person commissioned to perform notarial acts under this
chapter.
[
(9)
] 
(10)
 "Oath" or "affirmation" means a notarial act in which a notary certifies that a
person made a vow or affirmation in the presence of the notary on penalty of perjury.
[
(10)
] 
(11)
 "Official misconduct" means a notary's performance of any act prohibited or
failure to perform any act mandated by this chapter or by any other law in connection with a
notarial act.
[
(11) "Personal knowledge of identity"
]
(12) "Personally known"
 means familiarity with an individual resulting from
interactions with that individual over a period of time sufficient to eliminate every reasonable
doubt that the individual has the identity claimed.
[
(12)
] 
(13)
 (a) "Satisfactory evidence of identity" means identification of an individual
based on:
(i) valid personal identification with the individual's photograph, signature, and
physical description issued by the United States government, any state within the United States,
or a foreign government;
(ii) a valid passport issued by any nation; or
(iii) the oath or affirmation of a credible person who is personally known to the notary
and who personally knows the individual.
(b) "Satisfactory evidence of identity" does not include:
(i) a driving privilege card under Subsection 
53-3-207
(10); or
(ii) another document that is not considered valid for identification.
Section 2. Section 
46-1-3
 is amended to read:
46-1-3.
Qualifications -- Application for notary required.
(1) Except as provided in Subsection (3), the lieutenant governor shall commission as a
notary any qualified person who submits an application in accordance with this chapter.
(2) [
A person qualified
] 
An individual who applies
 for a notarial commission shall:
(a) be 
at least
years of age [
or older
];
(b) lawfully reside in [
this state 30 days immediately preceding the filing
] 
the state for
at least 30 days immediately before the individual applies
 for a notarial commission [
and
]
;
(c) if the individual receives a notarial commission,
 maintain permanent residency
[
thereafter
] 
in the state after receiving the notarial commission
;
[
(c)
] 
(d)
 be able to read, write, and understand English;
[
(d)
] 
(e)
 submit an application to the lieutenant governor
,
 containing no significant
misstatement or omission of fact [
and include at least
]
, that includes
:
[
(i) a statement of the applicant's personal qualifications, the applicant's residence
address, a business address in this state, and daytime telephone number;
]
[
(ii) the applicant's age and date of birth;
]
[
(iii) all criminal convictions of the applicant, including any pleas of admission and
nolo contendere;
]
(i) the individual's name as it will appear on the commission;
(ii) an affirmation that the individual meets the requirements of this section;
(iii) the individual's residential address, business address in the state, and daytime
telephone number;
(iv) the individual's date of birth;
(v) an indication of all criminal convictions the individual has received, including a
plea of admission or no contest;
[
(iv)
] 
(vi)
 all issuances, denials, revocations, suspensions, restrictions, and resignations
of a notarial commission or other professional license involving the applicant in this or any
other state;
[
(v) the acknowledgment of a passing score by the applicant on a written examination
administered under Subsection (5);
]
[
(vi) a declaration by the applicant; and
]
[
(vii) an application fee determined under Section 
63J-1-504
;
]
(vii) an indication that the individual has passed the examination administered under
Subsection (5); and
(viii) payment of the application fee administered under Section 
63J-1-504
; and
[
(e)
] 
(f)
 be a Utah resident or have permanent resident status under Section 245 of the
Immigration and Nationality Act[
; and
]
.
[
(f) be endorsed by two residents of the state who are over the age of 18.
]
(3) The lieutenant governor may deny an application based on:
(a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
(b) any revocation, suspension, or restriction of a notarial commission or professional
license issued to the applicant by this or any other state;
(c) the applicant's official misconduct while acting in the capacity of a notary; or
(d) the applicant's failure to pass the written examination.
(4) A person commissioned as a notary by the lieutenant governor may perform
notarial acts in any part of this state for a term of four years, unless the person resigned or the
commission is revoked or suspended under Section 
46-1-19
.
(5) [
Each
] 
(a) An
 applicant for a notarial commission shall take [
a written
] 
an
examination approved by the lieutenant governor [
and submit the examination to a testing
center designated by the lieutenant governor for purposes of scoring the examination. The
] 
at a
testing center approved by the lieutenant governor.
(b) A
 testing center [
designated by the lieutenant governor
] 
at which an applicant takes
an examination under Subsection (5)(a)
 shall issue [
a written
] 
an
 acknowledgment to the
applicant indicating whether the applicant passed or failed the examination.
Section 3. Section 
46-1-5
 is repealed and reenacted to read:
 46-1-5.
Recommissioning.
An individual who applies for recommissioning as a notary is required to:
(1) submit a new application under Subsection 
46-1-3
(2)(e);
(2) retake and pass the examination described in Subsection 
46-1-3
(5);
(3) submit a new bond; and
(4) comply with the provisions of this chapter.
Section 4. Section 
46-1-6
 is repealed and reenacted to read:
 46-1-6.
Powers and limitations.
(1) A commissioned notary may perform the following acts:
(a) an acknowledgment;
(b) a copy certification;
(c) a jurat; and
(d) an oath or affirmation.
(2) A commissioned notary may not:
(a) perform an act that is not described in Subsection (1); or
(b) perform an act described in Subsection (1) if the signer is not in the presence of the
notary at the time the notary completes the notarization.
Section 5. Section 
46-1-15
 is amended to read:
46-1-15.
Safekeeping and custody of journal.
If a notary maintains a journal[
,
]
:
(1)
 the notary shall[
:
] 
keep the journal in the notary's exclusive custody; and
[
(1) safeguard the journal and all other notarial records as valuable public documents
and may not destroy the documents; and
]
[
(2) keep the journal in the exclusive custody of the notary, not to be used by any other
notary or surrendered to an employer upon termination of employment.
]
(2) the notary's employer may not require the notary to surrender the journal upon
termination of the notary's employment.
Section 6. Section 
46-1-16
 is amended to read:
46-1-16.
Official signature -- Official seal -- Seal impression.
(1) In completing a notarial act, a notary shall sign on the notarial certificate exactly
and only the name indicated on the notary's commission.
(2) (a) A notary shall keep an official notarial seal that is the exclusive property of the
notary and that may not be used by any other person.
(b) Upon the resignation, revocation, or expiration of a notarial commission, the seal
shall be destroyed.
(c) Each notarial seal obtained by a notary on or after July 1, 2003
,
 shall use purple ink.
(3) (a) A new seal shall be obtained for any new commission or recommission.
(b) A new seal shall be obtained if the notary changes the notary's name of record at
any time during the notary's commission.
(c) The seal impression shall be affixed near the notary's official signature on a notarial
certificate and shall include a sharp, legible, and photographically reproducible ink impression
of the notarial seal that consists of:
(i) the notary public's name exactly as indicated on the notary's commission;
(ii) the words "notary public," "state of Utah," and "my commission expires on
(commission expiration date)";
[
(iii) for a notary seal issued on or after July 1, 2008, the notary's commission number,
exactly as indicated on the notary's commission;
]
[
(iv)
] 
(iii)
 a facsimile of the great seal of the state; and
[
(v)
] 
(iv)
 a rectangular border no larger than one inch by two and one-half inches
surrounding the required words and seal.
(4) An embossed seal impression that is not photographically reproducible may be used
in addition to, but not in place of, the photographically reproducible seal required in this
section.
(5) The notarial seal shall be affixed in a manner that does not obscure or render
illegible any information or signatures contained in the document or in the notarial certificate.
(6) A notary acknowledgment on an annexation, subdivision, or other map or plat is
considered complete without the imprint of the notary's official seal if:
(a) the notary signs the [
acknowledgment
] 
notarial language
 in permanent ink; and
(b) the following appear below or immediately adjacent to the notary's signature:
(i) the notary's [
full
] name and commission number appears exactly as indicated on the
notary's commission;
(ii) the words "A notary public commissioned in Utah"; and
(iii) the expiration date of the notary's commission.
(7) A notary acknowledgment on an electronic message or document is considered
complete without the imprint of the notary's seal if the following information appears
electronically within the message:
(a) the notary's [
full
] name and commission number appearing exactly as indicated on
the notary's commission; and
(b) the words "notary public," "state of Utah," and "my commission expires on______
(date)".
Section 7. Section 
46-1-18
 is amended to read:
46-1-18.
Liability.
(1) A notary may be liable to any person for any damage to that person proximately
caused by the notary's misconduct in performing a notarization.
(2) (a) A surety for a notary's bond may be liable to any person for damages
proximately caused to that person by the notary's misconduct in performing a notarization, but
the surety's liability may not exceed the penalty of the bond or of any remaining bond funds
that have not been expended to other claimants.
(b) Regardless of the number of claimants under Subsection (2)(a), a surety's total
liability may not exceed the penalty of the bond.
(3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for:
(a) a notary to [
perform an act in violation of Section 
46-1-9
 or Section 
46-1-11
]
violate a provision of this chapter
; or
(b) the employer of a notary to solicit the notary to [
perform a notarial act in violation
]
violate a provision
 of this chapter.
Section 8. Section 
46-1-20
 is amended to read:
46-1-20.
Change of name or address -- Bond policy rider.
(1) Within 30 days [
of a change in
] 
after the day on which a notary changes
 the notary's
name, the notary shall provide to the lieutenant governor:
(a) the notary's new name, including official documentation of the name change; and
(b) a bond policy rider 
obtained in accordance with Subsection (2)
.
(2) To obtain a bond policy rider, the notary shall:
(a) notify the surety for the notary's bond;
(b) obtain a bond policy rider reflecting both the old and new name of the notary;
(c) return [
a
] 
the
 bond policy rider[
,
]
;
(d) destroy
 the original [
"Certificate of Authority of Notary Public"
] 
commission
;
[
(d)
] 
(e)
 pay a $5 fee; and
[
(e)
] 
(f)
 destroy the old official seal.
(3) A notary is not required to change the notary's name by adopting the surname of the
notary's spouse.
[
(3)
] 
(4)
 Within 30 days of [
a change in the notary's address
] 
the day on which a
notary's residential or business address changes
, the notary shall provide the notary's new
residential or business
 address to the lieutenant governor.
Legislative Review Note
Office of Legislative Research and General Counsel