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UT Senate Bill 139

Legislation

State: Utah
Signed: March 17, 2026

Effective: May 06, 2026
Chapter: 56

Summary

Senate Bill 139 requires a journal for all Notaries commissioned on or after May 6, 2026, make numerous other changes related to the journal, and adds new criminal penalties.

Affects

Amends Sections 46-1-2, 46-1-3.6, 46-1.3.7, 46-1-13, 46-1-14, 46-1-15, 46-1-16 of, adds Section 46-1-14.1 to, and repeals Section 46-1-1 of the Utah Code Annotated.

Changes

Definitions

  1. Adds definitions of “electronic journal,” “journal,” “notarization,” “notarized,” “Notary public,” and “title agency.”
  2. Adds a definition of “secondary authentication of identity” for remote notarizations by means of knowledge based authentication and biometric analysis, including facial recognition, voiceprint analysis, or fingerprint analysis.
  3. Adds in the definition of “satisfactory evidence of identity” that the Notary may accept an ID issued by a district, territory, or possession of the United States, federally recognized tribal government, or foreign government if it includes the individual’s photograph, signature, and physical description.
  4. Expands the definition of “satisfactory evidence of identity” (see below) to require secondary authentication for remote notarizations.
  5. Clarifies in the definition of “journal” that an electronic recording of a remote notarization is distinct from a journal.
  6. Enumerates in the definition of “notarial act” the authorized acts Utah Notaries may perform.

Journal

  1. Requires Notaries commissioned or recommissioned on or after May 6, 2026. to keep a journal of all in-person notarial acts.
  2. Continues to authorize, but not require, Notaries with existing commissions in force on May 6, 2026, to keep a journal, and clarifies that UCA 46-1-13(3)-(4) apply to Notaries who elect to keep a journal.
  3. Clarifies that UCA 46-1-13(3)-(4) apply in relation to the electronic journal required of Notaries who perform remote notarizations.
  4. Requires the journal for in person notarizations to be “physical,” permanently bound, and with each page listed in chronological order.
  5. Requires journals to be retained for 10 years after the last entry.
  6. Requires destruction of journals and electronic records after the retention period using irretrievable methods, such as shredding.
  7. Exempts Notaries employed by attorneys, law firms, and title agencies from keeping a journal for acts within the scope of employment.
  8. Clarifies that with reference to the journal, Chapter 46 does not require an attorney or law firm to take any action that would constitute a violation of the attorney-client privilege.
  9. Requires inclusion of identity verification methods used in remote notarizations in the journal for the remote notarial act.
  10. Exempts Notaries employed by an attorney, a law firm, or a title agency from keeping a journal for notarial acts performed in the course and scope of the Notary’s employment with the attorney, law firm, or title agency.
  11. Assigns ownership of employment related notarial records to the employing attorney, law firm, or title agency.
  12. Clarifies that the journal or other record of a notarial act kept by a Notary employed by a title agency is not subject to disclosure or inspection by the Attorney General.
  13. Requires a Remote Notary to include the electronic recording of each remote notarial act with electronic journals while clarifying that recordings are not journal entries.
  14. Declares that electronic recordings are not public records.

Journal Entries (For Notaries Commissioned On or After May 6, 2026)

  1. Requires tangible journals to consist of one or more permanently bound records, with each page listed in chronological order.
  2. Requires the journal to include: (a) The date and time of the notarial act; (b) The type of notarial act performed; (c) The title of the record or a description of the record or proceeding for which the Notary performs the notarial act; (d) how the individual for whom the Notary performed the notarial act was identified (see separate points below for the details); (e) if the Notary administered an oath or affirmation, an indication that the Notary administered the oath or affirmation; (f) the signature, printed name, and address of the individual for whom the Notary performs the notarial act; and (g) the fee charged, if any, by the Notary.
  3. Provides that for notarial acts described in UCA 46-1-2(25)(a)(i)(A) or (B) for which the signer presents an identification credential, the Notary must record in the journal a description of the satisfactory evidence of identity that states: (a) The identification type; (b) The issuing agency of the identification; (c) The last four digits of the identification number; (d) the date the identification was issued; and (e) the date the identification expires.
  4. Provides that for any credible individual whom the Notary personally knows and who is used to verify the identity of the individual, the Notary must record in the journal: (a) An indication that the Notary administered an oath or affirmation to the credible individual, including the individual's signature; (b) A statement that the individual described in UCA (2)(b)(v)(A) is a credible individual whom the Notary personally knows; and (c) the printed name and address of the credible individual.
  5. Provides that for any credible individual who identifies themselves to the Notary using an identification credential and who is used to verify the identity of the individual, the Notary must record in the journal: (a) an indication that the Notary administered the oath or affirmation to the credible individual, including the individual's signature, to verify the identity of the individual seeking the notarial act and that the credible individual personally knows the individual seeking the notarial act; (b) the printed name and address of the credible individual; and (c) a description of the identification, described in Subsection UCA 46-1-2(25)(a)(i)(D)(III), of the credible individual that states the identification type, the issuing agency of the identification, the last four digits of the identification number, the date the identification was issued, and the date the identification expires.
  6. Requires a Remote Notary, in addition to the information required under UCA 46-1-14.1(2)(b)(iv) through (vi), to record in the electronic journal the secondary authentication of identity.
  7. Requires a Remote Notary, for each electronic notarization (a) record in the remote Notary’s electronic journal the information described in UCA 46-1-14.1(2)(b); and (b) include with the Notary’s electronic journal a copy of the electronic recording of the remote notarization.
  8. Authorizes a Notary to make a single entry in a journal to document more than one notarial act if the notarial acts are performed for the same individual at the same time on one record or similar records.
  9. Provides that when performing a notarial act for an individual, a Notary is not required to have the individual sign the journal if: (a) the Notary has performed a notarial act for the individual within 180 days before the day on which the Notary performs the notarial act; (b) the Notary has personal knowledge of the identity of the individual; (c) the individual is an employer or a coworker of the Notary; (d) the notarial act relates to a transaction performed in the ordinary course of the individual's business; and the Notary enters "known personally" in place of the evidence otherwise required for the detailed record required in the new law.
  10. Provides that when performing a notarial act for an individual, a Remote Notary is not required to have the individual sign the journal if the Notary uses the electronic journal to: (a) Capture and record the individual's signature; and (B) Associate the signature with the remote notarization.
  11. Provides that if a Notary or remote Notary refuses to perform or complete a notarial act, the Notary shall record in the journal: (a) The information described in UCA 46-1-14.1(2)(b) that the Notary was able to obtain, and (b) a description of the reason the Notary refused to perform or complete the notarial act.

Inspection, Safekeeping, and Custody of Journals

  1. Requires custodians of a Notary’s electronic journal and recordings to sign an agreement requiring the custodian to comply with record retention and destruction requirements.
  2. Authorizes an electronic repository described in UCA 46-1-15(2)(b)(i)(B) to access a remote Notary’s electronic journal, information in the journal, and the electronic recording of remote notarizations for narrow purposes, as specified.
  3. Authorizes the Lieutenant Governor or a designee to inspect a Notary’s journal or a remote Notary’s electronic recordings relating to a notarial act: (a) To ensure compliance with the requirements of this chapter or a related provision of law; or (b) To verify the authenticity of a notarial act.
  4. Authorizes any individual to inspect or request a copy of a specific entry in the Notary’s journal if: (a) The Notary personally knows the individual or verifies the individual's identity by satisfactory evidence of identity; (b) The individual specifies the type of notarial act the individual desires to inspect, the document to which the notarial act relates, the month and year of the notarial act, and the name of the principal to which the notarial act relates; (c) The individual affixes the individual's signature in the journal, as a separate entry that contains the individual's name and address, the method used to identify the individual, the notarial record the individual inspects or of which the individual requests a copy, the date of the inspection or request, and the reason for the inspection or request; and (d) The individual inspects, or the Notary provides a copy of, only the entry requested by the individual.
  5. Authorizes a Notary to may refuse to allow an individual to inspect the journal or provide a copy if the Notary has a reasonable, articulable belief that the individual is seeking the inspection with criminal or other harmful intent.
  6. Requires a Notary, in accordance with UCA 46-1-15(6)(c), to comply with an official request, as defined, to: (a) Inspect a journal, an entry in a journal, or an electronic recording of a remote notarization; or (b) Provide a certified copy of a notarial act or entry in the Notary’s journal.
  7. Clarifies that compliance with an official request, as defined, is limited to: (a) the scope of the investigation described in UCA 46-1-15 (6)(a)(i); or (b) the extent expressly stated in the subpoena or court order.
  8. Prohibits a Notary from allowing inspection or release of a portion of an electronic journal that includes biometric information or an image of identification used for the remote notarization, unless: (a) The individual to whom the information or identification relates consents, in writing, to the inspection or release; (b) Ordered by a court with jurisdiction; or (c) Requested by the Lieutenant Governor or a designee of the Lieutenant Governor.
  9. Declares journals and electronic recordings not to be public records under the Utah Government Records Access and Management Act.

Criminal Penalties

  1. Creates the offense of unlawful interference, as specified, with a Notary, journal, seal, or electronic recording.
  2. Classifies unlawful interference as a class B misdemeanor.
  3. Requires Notaries to immediately report to law enforcement and the Lieutenant Governor upon discovery of unlawful interference.
  4. Requires Notaries to provide written notice by certified mail or another delivery method that provides a receipt confirming delivery of the discovery of loss or destruction of the Notary’s signature or electronic signature, a notarial certificate or electronic notarial certificate, an official seal, the equipment, hardware, software, computer code, or electronic storage medium used or intended for use in performing a notarial act, a journal, or an electronic recording, and include in the notification (a) The Notary's name, address, and commission number; (b) a description of the discovery and the relevant facts; (c) if the matter involves a journal or an electronic recording of a remote notarization, the time period covered by the affected journal or electronic recordings; and (d) if the discovery involves unlawful interference under UCA 46-1-16(10)(b), the information necessary for the Lieutenant Governor to identify and obtain the related police report.

Analysis

Senate Bill 139 enacts targeted amendments to the Notaries Public Reform Act that modernize how Notaries verify the identity of signers, add a mandatory journal requirement and outline detailed journal inspection and copying rules.

For Notaries commissioned or recommissioned on or after May 6, 2026, the bill establishes a mandatory journal requirement for all in-person notarial acts, requiring physical journals for in‑person notarizations (existing law already requires Remote Notaries to keep an electronic journal for remote notarizations). The physical and electronic journals are subject to detailed journal entry, retention, and destruction standards. The bill further clarifies journal inspection rights and limits, declares journals and electronic recordings exempt from public‑records laws, and exempts Notaries employed by attorneys, law firms, and title agencies from the requirement to keep a journal. Finally, Senate Bill 139 strengthens enforcement by creating the offense of unlawful interference with notarial records or tools and requiring prompt reporting to law enforcement and the Lieutenant Governor upon discovery.

Read Senate Bill 139.

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