Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 25 (2024GS)

Sponsor

Rep. Musselman, C.R.

Final action

Governor Signed 3/19/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides for the electronic notarization of documents allowed to be recorded electronically in a county recorder's office;
• modifies definitions applicable to those electronic notarizations; and
• modifies a provision authorizing the Office of the Lieutenant Governor to adopt rules to address electronic notarizations.

Every vote on this bill

Bill text

ELECTRONIC NOTARIZATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
Senate Sponsor: 
 Daniel McCay
LONG TITLE
Committee Note:
The Government Operations Interim Committee recommended this bill.
Legislative Vote: 12 voting for 0 voting against 4 absent
General Description:
This bill modifies provisions related to electronic notarizations. 
Highlighted Provisions:
This bill:
▸ provides for the electronic notarization of documents allowed to be recorded
electronically in a county recorder's office;
▸ modifies definitions applicable to those electronic notarizations; and
▸ modifies a provision authorizing the Office of the Lieutenant Governor to adopt
rules to address electronic notarizations.
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 2022, Chapter 158
46-1-3.6
, as enacted by Laws of Utah 2019, Chapter 192
46-1-3.7
, as enacted by Laws of Utah 2019, Chapter 192
46-1-14
, as last amended by Laws of Utah 2019, Chapter 192
46-1-17
, as last amended by Laws of Utah 2019, Chapter 192
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) "Before me" means that an individual appears in the presence of the notary.
(3) "Commission" means:
(a) to empower to perform notarial acts; or
(b) the written document that gives authority to perform notarial acts, including the
Certificate of Authority of Notary Public that the lieutenant governor issues to a notary.
(4) "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.
(5) "Electronic notarization" means:
(a) a remote notarization; or
(b) a notarization:
(i) in an electronic format;
(ii) of a document that may be recorded electronically under Subsection 
17-21-18.5
(5);
and
(iii) that conforms with rules made under Section 
46-1-3.7
.
[
(5)
] 
(6)
 "Electronic recording" means the audio and video recording, described in
Subsection 
46-1-3.6
(3), of a remote notarization.
[
(6)
] 
(7)
 "Electronic seal" means an electronic version of the seal described in Section
46-1-16
, that conforms with rules made under Subsection 
46-1-3.7
(1)(d), that a [
remote
] notary
may attach to a notarial certificate to complete [
a remote
] 
an electronic
 notarization.
[
(7)
] 
(8)
 "Electronic signature" means the same as that term is defined in Section
46-4-102
.
[
(8)
] 
(9)
 "In the presence of the notary" means that an individual:
(a) is physically present with the notary in close enough proximity to see and hear the
notary; or
(b) communicates with a remote notary by means of an electronic device or process
that:
(i) allows the individual and remote notary to communicate with one another
simultaneously by sight and sound; and
(ii) complies with rules made under Section 
46-1-3.7
.
[
(9)
] 
(10)
 "Jurat" means a notarial act in which a notary certifies:
(a) the identity of a signer who:
(i) is personally known to the notary; or
(ii) provides the notary satisfactory evidence of the signer's identity;
(b) that the signer affirms or swears an oath attesting to the truthfulness of a document;
and
(c) that the signer voluntarily signs the document in the presence of the notary.
[
(10)
] 
(11)
 "Notarial act" or "notarization" means an act that a notary is authorized to
perform under Section 
46-1-6
.
[
(11)
] 
(12)
 "Notarial certificate" means the affidavit described in Section 
46-1-6.5
 that
is:
(a) a part of or attached to a notarized document; and
(b) completed by the notary and bears the notary's signature and official seal.
[
(12)
] 
(13)
 (a) "Notary" means an individual commissioned to perform notarial acts
under this chapter.
(b) "Notary" includes a remote notary.
[
(13)
] 
(14)
 "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.
[
(14)
] 
(15)
 "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.
[
(15)
] 
(16)
 (a) "Official seal" means the seal described in Section 
46-1-16
 that a notary
may attach to a notarial certificate to complete a notarization.
(b) "Official seal" includes an electronic seal.
[
(16)
] 
(17)
 "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.
[
(17)
] 
(18)
 "Remote notarization" means a notarial act performed by a remote notary in
accordance with this chapter for an individual who is not in the physical presence of the remote
notary at the time the remote notary performs the notarial act.
[
(18)
] 
(19)
 "Remote notary" means a notary that holds an active remote notary
certification under Section 
46-1-3.5
.
[
(19)
] 
(20)
 (a) "Satisfactory evidence of identity" means:
(i) for both an in-person and remote notarization, identification of an individual based
on:
(A) subject to Subsection [
(19)(b)
] 
(20)(b)
, valid personal identification with the
individual's photograph, signature, and physical description that the United States government,
any state within the United States, or a foreign government issues;
(B) subject to Subsection [
(19)(b)
] 
(20)(b)
, a valid passport that any nation issues; or
(C) the oath or affirmation of a credible person who is personally known to the notary
and who personally knows the individual; and
(ii) for a remote notarization only, a third party's affirmation of an individual's identity
in accordance with rules made under Section 
46-1-3.7
 by means of:
(A) dynamic knowledge-based authentication, which may include requiring the
individual to answer questions about the individual's personal information obtained from
public or proprietary data sources; or
(B) analysis of the individual's biometric data, which may include facial recognition,
voiceprint analysis, or fingerprint analysis.
(b) "Satisfactory evidence of identity," for a remote notarization, requires the
identification described in Subsection [
(19)(a)(i)(A)
] 
(20)(a)(i)(A)
 or passport described in
Subsection [
(19)(a)(i)(B)
] 
(20)(a)(i)(B)
 to be verified through public or proprietary data sources
in accordance with rules made under Section 
46-1-3.7
.
(c) "Satisfactory evidence of identity" does not include:
(i) a driving privilege card under Subsection 
53-3-207
(12); or
(ii) another document that is not considered valid for identification.
[
(20)
] 
(21)
 "Signature witnessing" means a notarial act in which an individual:
(a) appears in the presence of the notary and presents a document;
(b) provides the notary satisfactory evidence of the individual's identity, or is
personally known to the notary; and
(c) signs the document in the presence of the notary.
Section 2. Section 
46-1-3.6
 is amended to read:
46-1-3.6.
Remote notarization procedures.
(1) A remote notary who receives a remote notary certification under Section 
46-1-3.5
may perform a remote notarization if the remote notary is physically located in this state.
(2) A remote notary that performs a remote notarization for an individual that is not
personally known to the remote notary shall, at the time the remote notary performs the remote
notarization, establish satisfactory evidence of identity for the individual by:
(a) communicating with the individual using an electronic device or process that:
(i) allows the individual and remote notary to communicate with one another
simultaneously by sight and sound; and
(ii) complies with rules made under Section 
46-1-3.7
; and
(b) requiring the individual to transmit to the remote notary an image of a form of
identification described in Subsection [
46-1-2
(19)(a)(i)(A)
] 
46-1-2
(20)(a)(i)(A)
 or passport
described in Subsection [
46-1-2
(19)(a)(i)(B)
] 
46-1-2
(20)(a)(i)(B)
 that is of sufficient quality for
the remote notary to establish satisfactory evidence of identity.
(3) (a) A remote notary shall create an audio and video recording of the performance of
each remote notarization and store the recording in accordance with Sections 
46-1-14
 and
46-1-15
.
(b) A remote notary shall take reasonable steps, consistent with industry standards, to
ensure that any non-public data transmitted or stored in connection with a remote notarization
performed by the remote notary is secure from unauthorized interception or disclosure.
(4) Notwithstanding any other provision of law, a remote notarization lawfully
performed under this chapter satisfies any provision of state law that requires an individual to
personally appear before, or be in the presence of, a notary at the time the notary performs a
notarial act.
Section 3. Section 
46-1-3.7
 is amended to read:
46-1-3.7.
Rulemaking authority for electronic notarization.
(1) The director of elections in the Office of the Lieutenant Governor may make rules
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding
standards for and types of:
(a) electronic software and hardware that [
a remote notary may use to
]:
(i) 
a notary may use to
 perform [
a remote
] 
an electronic
 notarization; and
(ii) 
a remote notary may use to
 keep an electronic journal under Section 
46-1-13
;
(b) public and proprietary data sources that a remote notary may use to establish
satisfactory evidence of identity under Subsection [
46-1-2
(19)(b)
] 
46-1-2
(20)(b)
;
(c) dynamic knowledge-based authentication or biometric data analysis that a remote
notary may use to establish satisfactory evidence of identity under Subsection[
46-1-2
(19)(a)(ii)
] 
46-1-2
(20)(a)(ii)
; and
(d) electronic seals a [
remote
] notary may use to complete an electronic notarial
certificate.
(2) When making a rule under this section, the director of elections in the Office of the
Lieutenant Governor shall review and consider standards recommended by one or more
national organizations that address the governance or operation of notaries.
Section 4. Section 
46-1-14
 is amended to read:
46-1-14.
Entries in journal -- Required information.
(1) A notary may, for each notarial act the notary performs, and a remote notary shall,
for each notarial act the remote notary performs remotely, record the following information in
the journal described in Section 
46-1-13
 at the time of notarization:
(a) the date and time of day of the notarial act;
(b) the type of notarial act;
(c) the type title, or a description of the document, electronic record, or proceeding that
is the subject of the notarial act;
(d) the signature and printed name and address of each individual for whom a notarial
act is performed;
(e) the evidence of identity of each individual for whom a notarial act is performed, in
the form of:
(i) a statement that the person is personally known to the notary;
(ii) a description of the identification document and the identification document's
issuing agency, serial or identification number, and date of issuance or expiration;
(iii) the signature and printed name and address of a credible witness swearing or
affirming to the person's identity; or
(iv) if used for a remote notarization, a description of the dynamic knowledge-based
authentication or biometric data analysis that was used to provide satisfactory evidence of
identity under Subsection [
46-1-2
(19)(a)(ii)
] 
46-1-2
(20)(a)(ii)
; and
(f) the fee, if any, the notary charged for the notarial act.
(2) A notary may record in the journal a description of the circumstances under which
the notary refused to perform or complete a notarial act.
(3) (a) A remote notary shall include with the journal a copy of the electronic recording
of the remote notarization.
(b) The electronic recording is not a public record and is not a part of the notary's
journal.
(4) A remote notary shall maintain, or ensure that a person that the notary designates as
a custodian under Subsection 
46-1-15
(2)(b)(i) maintains, for a period of five years, the
information described in Subsections (1) and (3) for each remote notarization the notary
performs.
Section 5. Section 
46-1-17
 is amended to read:
46-1-17.
Obtaining official seal.
(1) A person may not provide an official seal to an individual claiming to be a notary,
unless the individual presents a copy of the individual's notarial commission, attached to a
notarized declaration substantially as follows:
Application for Notary's Official Seal
I, __________________ (name of individual requesting seal), declare that I am a notary
public duly commissioned by the state of Utah with a commission starting date of __________,
a commission expiration date of_______________, and a commission number of
___________. As evidence, I attach to this statement a copy of my commission.
(2) (a) Except as provided in Subsection (2)(b), an individual may not create, obtain, or
possess an electronic seal unless
:
(i)
 the individual is a [
remote
] notary[
.
]
; and
(ii) the electronic seal complies with the standards established by rule under Subsection
46-1-3.7
(1)(d).
(b) A person is not guilty of a violation of Subsection (2)(a) if the person is a business
that creates, obtains, or possesses an electronic seal for the sole purpose of providing the
electronic seal to a certified [
remote
] notary.
(3) A person who provides, creates, obtains, or possesses an official seal in violation of
this section is guilty of a class B misdemeanor.
Section 6. 
Effective date.
This bill takes effect on May 1, 2024.