UT House Bill 26 | NNA
Law

UT House Bill 26

Notary Law Update: UT House Bill 26

State: Utah

Summary:

House Bill 26 changes the definition of “satisfactory evidence of identity” by adding clarifications on the written forms of ID a Notary may accept and disqualifying certain IDs which do not properly constitute satisfactory evidence. House Bill 26 also revises the required elements which must appear on the Notary’s official seal, and the elements from the seal which must be added to a plat map or electronic acknowledgment notarized without affixation of an image of the seal. Finally, House Bill 26 also makes changes in procedures for a Notary reporting an address and name change.

Signed:  March 14, 2008

Effective:  July 01, 2008

Chapter: 47

Affects:

Amends Sections 46-1-2, 46-1-16 and 46-1-20 of the Utah Code Annotated

Changes:
  1. Amends the definition of  “satisfactory evidence of identity” to include: (a) valid identification issued by the U.S. government, a state government or foreign government containing the person’s photograph, signature and physical description and repeals the previous provision requiring a current ID issued by a federal or state government; and (b) a valid passport issued by any nation. (Note: a credible witness may also constitute satisfactory evidence of identity.)
  2. Clarifies that “satisfactory evidence of identity” does not include: (a) a driving privilege card; and (b) any other document that is not considered a valid ID.
  3. Stipulates that on or after July 1, 2008, the Notary’s commission ID number must be an element of the Notary’s official seal.
  4. Removes the Notary’s residence or business address as a required element of the Notary’s official seal.
  5. Repeals a previous requirement that the Notary obtain a new official seal if the Notary’s address of record changes during the course of the commission term. (Note: A new seal is required for all name changes.)
  6. Stipulates that the Notary’s commission ID number must accompany the full name of the Notary, the words “A notary public commissioned in Utah” and the Notary’s commission expiration date on any subdivision plat or map notarized without an image of the Notary’s official seal.
  7. Repeals the previous requirement that the Notary must include his or her business or residence address on an electronic acknowledgment notarized without an image of the Notary’s official seal.
  8. No longer requires the Notary to obtain a rider to the Notary’s bond in the event that the Notary changes his or her address. (Note: the law now requires a Notary simply to notify the Lieutenant Governor of a change of address within 30 days of the change.)
  9. Requires a Notary to submit official documentation of a name change when notifying the Lieutenant Governor of a change of name within 30 days of the change.
  10. Renumbers certain sections and makes conforming changes.
Analysis:

House Bill 26 makes several significant changes which affect the practices of Notaries. First, it clarifies that any valid written ID issued by the U.S. government, a U.S. state or foreign government is satisfactory evidence of identity if the ID contains the photograph, signature and physical description of the bearer. In addition, the new law clarifies that a passport from any nation is acceptable. The prior law could have been interpreted to exclude IDs issued by a foreign government. Second, in amending the definition of satisfactory evidence of identity, Utah becomes the first state to specifically exclude certain IDs — specifically, a “driving privilege card” (DPC). Distinct from a driver’s license, a valid DPC allows the holder to operate a motor vehicle in Utah but may not be used as a means of identification by any Utah government entities, including Notaries. DPCs are obtained by documented individuals who do not qualify for a Social Security number, but have proof of legal residence, and undocumented individuals who do not qualify for a Social Security number. Third, House Bill 26 also makes important changes to the Notary’s official seal. All seals manufactured on or after July 1, 2008, must contain the Notary’s commission ID number. In addition, the Notary’s residence or business address is no longer a required element of the seal. The Notary’s commission ID number must now appear on any annexation or plat map notarized without an image of the Notary’s seal, and the Notary’s address must be included on all electronic acknowledgments. Fourth, House Bill 26 also makes minor changes to a Notary’s duty to report changes in name and address.

Read the bill text.

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