H.B. 408 - Notary Public Liability Amendments

Bill

Notary Public Liability Amendments

Number: H.B. 408 (2019GS)
Sponsor: Rep. Hall, C.
Final action: Governor Signed 3/26/2019
Outcome: Became law — signed by Gov. Gary R. Herbert

Summary

This bill amends provisions providing for civil liability for the employer of a notary public for misconduct by the notary public in certain circumstances.

What it does

This bill:
amends provisions creating liability for an employer of a notary public for the notary public's misconduct if:
the notary public was acting within the course and scope of employment; and
the employer had knowledge of, consented to, or permitted the misconduct.

Every vote on this bill

3/4/2019House Comm - Favorable Recommendation

House Business and Labor Committee

11 0 4not eligible / no record

3/4/2019House Comm - Consent Calendar Recommendation

House Business and Labor Committee

11 0 4not eligible / no record

3/6/2019House/ passed 3rd reading

Senate Secretary

57 11 7NAY

3/8/2019Senate Comm - Favorable Recommendation

Senate Business and Labor Committee

6 0 2not eligible / no record

3/14/2019Senate/ passed 2nd & 3rd readings/ suspension

Senate President

23 0 6not eligible / no record

Bill text

enrolled version · official source

NOTARY PUBLIC LIABILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill amends provisions providing for civil liability for the employer of a notary
public for misconduct by the notary public in certain circumstances.
Highlighted Provisions:
This bill:
▸ amends provisions creating liability for an employer of a notary public for the
notary public's misconduct if:
• the notary public was acting within the course and scope of employment; and
• the employer had knowledge of, consented to, or permitted the misconduct.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
46-1-18
, as last amended by Laws of Utah 2017, Chapter 259
Be it enacted by the Legislature of the state of Utah:
Section 1. 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.
(c) An employer of a notary public is also liable for damages proximately caused by the
notary's misconduct in performing a notarization if:
(i) the notary public was acting within the course and scope of the notary public's
employment; and
(ii) the employer had knowledge of, consented to, or permitted the misconduct.
(3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for:
(a) a notary to violate a provision of this chapter; or
(b) the employer of a notary to solicit the notary to violate a provision of this chapter.