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S.B. 38
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NOTARY PUBLIC QUALIFICATIONS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gene Davis
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AN ACT RELATING TO NOTARIZATION AND AUTHENTICATION OF DOCUMENTS;
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REPEALING THE REQUIREMENTS THAT NOTARIES PUBLIC BE REGISTERED
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VOTERS, THEMSELVES, OR ENDORSED BY REGISTERED VOTERS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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46-1-3, as last amended by Chapter 231, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
46-1-3
is amended to read:
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46-1-3. Qualifications -- Commissioning -- Jurisdiction and term.
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(1) Except as provided in Subsection (3), the director of the Division of Corporations and
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Commercial Code shall commission as a notary any qualified person who submits an application
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in accordance with this chapter.
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(2) A person qualified for a notarial commission shall:
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(a) be 18 years of age or older;
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(b) lawfully reside in this state 30 days immediately preceding the filing for a notarial
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commission and maintain permanent residency thereafter;
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(c) be able to read, write, and understand English;
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(d) submit an application to the Division of Corporations and Commercial Code
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containing no significant misstatement or omission of fact and include at least:
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(i) a statement of the applicant's personal qualifications, the applicant's residence address,
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a business address in this state, daytime telephone number, and voter precinct number;
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(ii) the applicant's age and date of birth;
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(iii) all criminal convictions of the applicant, including any pleas of admission and nolo
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contendere;
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(iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a
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notarial commission or other professional license involving the applicant in this or any other state;
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(v) the acknowledgment of a passing score by the applicant on a written examination
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administered under Subsection (5);
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(vi) a declaration by the applicant; and
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(vii) an application fee determined under Section
63-38-3.2
; and
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(e) be a [registered voter in Utah or have permanent] resident [status under Section 245
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of the Immigration and Nationality Act; and] of the state.
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[(f) be endorsed by two registered voters of the state.]
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(3) The director of the Division of Corporations and Commercial Code may deny an
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application based on:
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(a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
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(b) any revocation, suspension, or restriction of a notarial commission or professional
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license issued to the applicant by this or any other state;
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(c) the applicant's official misconduct while acting in the capacity of a notary; or
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(d) the applicant's failure to pass the written examination.
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(4) A person commissioned as a notary by the Division of Corporations and Commercial
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Code may perform notarial acts in any part of this state for a term of four years, unless the person
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resigned or the commission is revoked or suspended under Section
46-1-19
.
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(5) (a) Each applicant for a notarial commission shall take a written examination approved
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by the division and submit the examination to a testing center designated by the division for
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purposes of scoring the examination. The testing center designated by the division shall issue a
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written acknowledgment to the applicant indicating whether the applicant passed or failed the
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examination.
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(b) The division shall make rules pursuant to Title 63, Chapter 46a, Utah Administrative
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Rulemaking Act, to implement the examination process required by Subsection (5)(a).
Legislative Review Note
as of 1-11-00 1:52 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.