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First Substitute S.B. 145
Senator John L. Valentine proposes to substitute the following bill:
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NOTARY PUBLIC REQUIREMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: John L. Valentine
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AN ACT RELATING TO NOTARIZATION AND AUTHENTICATION OF DOCUMENTS;
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EXEMPTING ATTORNEYS FROM THE TESTING REQUIREMENT TO BECOME A
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NOTARY PUBLIC; AND ALLOWING NOTARIES TO AUTHENTICATE ELECTRONIC
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SIGNATURES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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46-1-2, as last amended by Chapter 231, Laws of Utah 1999
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46-1-3, as last amended by Chapter 231, Laws of Utah 1999
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46-1-6, as repealed and reenacted by Chapter 287, Laws of Utah 1998
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46-1-14, as repealed and reenacted by Chapter 287, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
46-1-2
is amended to read:
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46-1-2. Definitions.
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As used in this chapter:
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(1) "Acknowledgment" means a notarial act in which a notary certifies that a signer, whose
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identity is personally known to the notary or proven on the basis of satisfactory evidence, has
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admitted, [in the notary's presence, having signed] and which admission is made either in the
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presence of the notary or by an electronic communication that is as reliable as an admission made
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in the presence of the notary, provided that the electronic communication is authorized by law or
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rule, signing a document voluntarily for its stated purpose.
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(2) "Commission" means to empower to perform notarial acts and the written authority
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to perform those acts.
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(3) "Copy certification" means a notarial act in which a notary certifies that a photocopy
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is an accurate copy of a document that is neither a public record nor publicly recorded.
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(4) "Jurat" means a notarial act in which a notary certifies that a signer, whose identity is
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personally known to the notary or proven on the basis of satisfactory evidence, has made, in the
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notary's presence, a voluntary signature and taken an oath or affirmation vouching for the
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truthfulness of the signed document.
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(5) "Notarial act" and "notarization" mean any act that a notary is empowered to perform
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under this section.
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(6) "Notarial certificate" means the part of or attachment to a notarized document for
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completion by the notary and bearing the notary's signature and seal.
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(7) "Notary" means any person commissioned to perform notarial acts under this chapter.
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(8) "Oath" or "affirmation" means a notarial act in which a notary certifies that a person
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made a vow or affirmation in the presence of the notary on penalty of perjury.
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(9) "Official misconduct" means a notary's performance of any act prohibited or failure to
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perform any act mandated by this chapter or by any other law in connection with a notarial act.
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(10) "Personal knowledge of identity" means familiarity with an individual resulting from
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interactions with that individual over a period of time sufficient to eliminate every reasonable
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doubt that the individual has the identity claimed.
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(11) "Satisfactory evidence of identity" means identification of an individual based on:
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(a) a current document issued by a federal or state government with the individual's
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photograph, signature, and physical description; [or]
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(b) the oath or affirmation of a credible person who is personally known to the notary and
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who personally knows the individual[.]; or
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(c) by electronic protocols as reliable as those set forth in Subsections (11)(a) or (b) and
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established by law or rule.
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Section 2.
Section
46-1-3
is amended to read:
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46-1-3. Qualifications -- Commissioning -- Jurisdiction and term -- Exceptions.
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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
;
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(e) be a registered voter in Utah or have permanent resident status under Section 245 of
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the Immigration and Nationality Act; and
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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 (a).
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(c) The testing requirement does not apply to attorneys licensed to practice law in this
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state.
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Section 3.
Section
46-1-6
is amended to read:
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46-1-6. Powers and limitations.
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[A notary may perform the] The following notarial acts may be performed by a notary
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within the state:
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(1) [acknowledgments;] Acknowledgments, including authentication of an electronic or
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digital signature upon the personal knowledge or satisfactory evidence of the identity of the signer.
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(a) An electronic or digital signature that is authenticated pursuant to this Subsection (1)
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shall be considered an authenticated electronic or digital signature.
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(b) If all parties to a document consent, an authenticated electronic or digital signature may
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be treated as a notarized signature on the document, unless otherwise provided by law or rule.
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(c) A commissioned Notary Public acting under the supervision and control of a licensed
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certification authority who acknowledges and authenticates electronic or digital signatures pursuant
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to this Subsection (1) is protected under Title 46, Chapter 3, Utah Digital Signature Act.
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(2) [copy] Copy certifications[;].
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(3) [jurats; and] Jurats.
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(4) [oaths] Oaths or affirmations.
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Section 4.
Section
46-1-14
is amended to read:
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46-1-14. Entries in journal.
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(1) For every notarial act, the notary may record in the journal at the time of notarization
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the following information including:
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(a) the date and time of day of the notarial act;
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(b) the type of notarial act;
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(c) a description of the document or proceeding;
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(d) the signature and printed name and address of each person for whom a notarial act is
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performed;
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(e) the evidence of identity of each person for whom a notarial act is performed, in the
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form of either:
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(i) a statement that the person is "personally known" to the notary; or
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(ii) a description of the identification document, its issuing agency, its serial or
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identification number, and its date of issuance or expiration; and
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(iii) the signature and printed name and address of a credible witness swearing or affirming
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to the person's identity; and
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(f) the fee, if any, charged for the notarial act.
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(2) A notary may record in the journal the circumstances in refusing to perform or
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complete a notarial act.
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(3) If a notarization is performed electronically, the notary may keep an electronic journal
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in which to record the information described in Subsections (1) and (2). All electronic
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notarizations shall be evidenced by a digital signature.
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