SB 139 — Notary Amendments

[(11)] (13) "Notarial act"[ or "notarization"] means[ an act that a notary is authorized to perform under Section 46-1-6.] :

[(12)] (13){(14)}(14) "Notarial certificate" means the affidavit described in Section 46-1-6.5 that is:

(14){(15)}(15) "Notarization" means the performance of a notarial act.

(15){(16)}(16) "Notarized" means that a notarial act or notarization is completed for a record or proceeding.

[(13)] (16){(17)}(17)(a) (a) "Notary" means an individual commissioned to perform notarial acts under this chapter.

{(17)(18) {"Notary"Notary journal"public" means athe journal,same includingas anotary. remote notary electronic journal, that a notary:} } {(a) {keeps under Subsection 46-1-13 (1)(a);

or} } {(b) {is required to keep under Subsection 46-1-13 (2) and Section 46-1-14.} } (18) "Notary public" means the same as notary.

[(16)] (21)(21)(a) (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.

- 5 - SB0139 compared with SB0139S02 [(17)] (22) "Personally [known] knows" 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.

[(19)] (24) "Remote notary" means a notary that holds an active remote notary certification under- Section4 46-1-3.5.- Enrolled Copy S.B.

[(20)139 (a)under "SatisfactorySection evidence46-1-3.5. of identity" means:] [(i) for both an in-person and remote notarization, identification of an individual based on:] [(A) subject to Subsection (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 (20)(b), a valid passport that any nation issues;

[(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 (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 (20)(b), a valid passport that any nation issues;

or] [(ii) another document that is not considered valid for identification.] (25)(25)(a) - 6 - SB0139 compared with SB0139S02 (a) "Satisfactory evidence of identity" means:

and (A){(II)}(II) {unexpired personal identification with the individual's photograph, signature, and physical description, } is issued by the United States government, the government of a statestate, {within } , district, territory, or possession of the United States, {or } a {foreign } federally-recognized tribal government, {that is verified through public } or {proprietary data sources in accordance with rules made under Section 46-1-3.7} a foreign government;

(B) an unexpired passport{,passport } issued by any nation{,nation; that is verified through public or proprietary data sources in accordance with rules made under Section 46-1-3.7} ;

(C)- the5 oath- orS.B. affirmation of a credible {person } individual whom the notary personally knows and who personally knows the individual seeking the notarial act;

139 Enrolled Copy (C) the oath or affirmation of a credible individual whom the notary personally knows and who personally knows the individual seeking the notarial act;

and (III) provides the notary with the credible individual's identification described in Subsection (25)(a)(i)(25)(a)(i)(A) (A) or (B);

(26) "Secondary authentication of identity" means a third party's {affirmation } verification of an individual's identity, in accordance with rules made under Section 46-1-3.7, by means of:

or - 7 - SB0139 compared with SB0139S02 (b) analysis of the individual's biometric data, which may include facial recognition, voiceprint analysis, or fingerprint analysis.

46-1-3.6.46-1-3.6 .

(1) A remote notary who receives a remote notary certification under Section 46-1-3.5 may perform- a6 remote- notarizationEnrolled ifCopy theS.B. remote notary is physically located in this state.

139 perform a remote notarization if the remote notary is physically located in this state.

and (b) requiring the individual to transmit to the remote notary an image of a form of identification described in Subsection [46-1-2(20)(a)(i)(A) or passport described in Subsection 46-1-2(20)(a)(i)46-1-2(20)(a)(i)(B) (B){] 46-1-2(25)(a)(i)(A) or (B)} ] 46-1-2(25)(a)(i)(A) or (B) that is of sufficient quality for the remote notary to establish satisfactory evidence of identity.

(3)(3)(a) (a) A remote notary shall create an {electronic[audio }[audio and video recording of the performance] electronic recording of each remote notarization and store the recording in accordance with Sections [46-1-14] 46-1-41.1 and 46-1-15.

- 8 - SB0139 compared with SB0139S02 (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.

46-1-3.7.46-1-3.7 .

(c)- dynamic7 knowledge-based- authenticationS.B. or biometric data analysis that a remote notary may use to establish [satisfactory evidence of identity under Subsection 46-1-2(20)(a)(ii)] secondary authentication of identity;

139 Enrolled Copy (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(20)(a)(ii)] secondary authentication of identity;

46-1-6.46-1-6 .

or - 9 - SB0139 compared with SB0139S02 (b) perform an act described in Subsection (1) if the individual for whom the notary performs the notarial act is not in the presence of the notary at the time the notary performs the act.

46-1-13.46-1-13 .

{Notary journal} Journal required -- Exceptions.

(a) the notary may keep, maintain, [and ]protect[ as a public record], and provide for lawful inspection a chronological, permanently bound official {notaryjournal }journal of notarial acts, containing numbered pages[.] ;

(b) if the notary keeps a {notary } journal under Subsection (1)(a), Subsections (3) and (4) apply in relation to the {notary } journal;

[(2)] (c) [A] a remote notary shall keep a secure electronic {notaryjournal }journal of each remote notarization the notary performs[.] ;

and (d) Subsections (3) and (4) apply in relation to an electronic {notary } journal described in Subsection (1)(c).

(2) A notary who receives a commission, or a {renewal of a } new commission, on or after May 6, 2026:

(a) shall, in accordance with Section 46-1-14, keep, in a secure location, a physical {notary- }8 journal- ofEnrolled eachCopy notarialS.B. act, other than a remote notarization, that the notary performs;

(b)139 shall,journal inof accordanceeach withnotarial Sectionact, 46-1-14,other keepthan a secure electronic {notary } journal of each remote notarizationnotarization, that the notary performs;

and(b) (c)shall, isin subjectaccordance towith theSection provisions46-1-14, ofkeep Subsectionsa (3)secure andelectronic (4)journal inof relationeach toremote thenotarization notary'sthat {notarythe }notary journal.performs;

(3)and (a)(c) Ais notarysubject shallto retain a {notary } journal for 10 years after the dayprovisions onof whichSubsections the(3) notaryand records(4) the last notarial act in therelation {notaryto } journal, regardless of whether the notarynotary's ceasesjournal. to be a notary.

(b)(3)(a) FollowingA thenotary 10-yearshall periodretain describeda injournal Subsectionfor (3)(a),10 years after the notaryday shallon destroywhich the {notarynotary }records journalthe bylast shreddingnotarial oract anotherin meansthe ofjournal, destructionregardless thatof renderswhether allthe informationnotary inceases theto {notarybe }a journalnotary. illegible.

(c)(b) AFollowing remote notary shall maintain, or ensure that a person that the notary10-year designatesperiod asdescribed ain custodian under Subsection 46-1-15(2)(b)(i)(3)(a), maintains,the {a notary }shall andestroy electronic journal, and {the electronic recordings relating to the notaryjournal journal}by eachshredding electronicor recordinganother means of adestruction remotethat notarization,renders forall -information 10 - SB0139 compared with SB0139S02 years after the day on which the notary records the last notarial act in the {notaryjournal }illegible. journal, regardless of whether the notary ceases to be a notary.

(d)(c) FollowingA theremote 10-year period described in Subsection (3)(c), the notary shall destroy,maintain, or ensure that thea custodianperson designatedthat underthe Subsectionnotary 46-1-15(2)(b)(i)designates erasesas anda overwrites,custodian orunder otherwiseSubsection destroys,46-1-15(2)(b)(i) themaintains, an electronic {notary } journal, and,and for each remote notarization recorded in the journal, the electronic {recordings relating to } recording of thea {notary journal} remote notarization, includingfor all10 backupsyears {ofafter the notaryday journalon andwhich the electronicnotary recordingsrecords relatingthe tolast thenotarial notaryact journal}in ,the byjournal, aregardless meansof thatwhether rendersthe allnotary ofceases theto databe irretrievable.a notary.

(d) Following the 10-year period described in Subsection (3)(c), the notary shall destroy, or ensure that the custodian designated under Subsection 46-1-15(2)(b)(i) erases and overwrites, or otherwise destroys, the electronic journal, and, for each remote notarization recorded in the journal, the electronic recording of the remote notarization, including all backups, by a means that renders all of the data irretrievable.

(a) a notary who is employed by an attorney or a law firm is not required to keep a {notary } journal of notarial acts performed by the notary in the course and scope of the notary's employment by the attorney or law firm;

(b) a {notary } journal or other record of a notarial act performed by the notary in the course and scope of the notary's employment by the attorney or law firm is the property of the attorney or law firm and is not subject to disclosure or inspection by the lieutenant governor;

{and} (c) the provisions of this chapter do not require an attorney or law firm to take any action that would constitute a violation of the attorney-client privilege{.}privilege; ;

(d) a notary who is employed by a title agency is not required to keep a journal of notarial acts performed by the notary in the course and scope of the notary's employment- by9 the- titleS.B. agency;

139 Enrolled Copy employment by the title agency;

46-1-14.46-1-14 .

Sunsetting provisions for entries in {notary } journal -- Required information.

[(1)] (2) 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{the notary} journal described in Section 46-1-13 at the time of notarization:

- 11 - SB0139 compared with SB0139S02 (c) the type title, or a description of the document, electronic record, or proceeding that is the subject of the notarial act;

[(2)] (3) A notary may record in the{the notary} journal a description of the circumstances under which the notary refused to perform or complete a notarial act.

[(3)] (4)(4)[(a)] [(a)] A remote notary shall include[ with the {notaryjournal] }journal] , for each electronic notarization recorded in the electronic 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)10 A- remoteEnrolled notaryCopy shallS.B. 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 7.

Section139 7journal.] is[(4) enactedA toremote read: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 7.

46-1-14.1.Section 46-1-14.1 is enacted to read:

Entries46-1-14.1 in. {notary } journal -- Required information.

(1)Entries Thisin sectionjournal applies-- toRequired ainformation. notary who receives a commission, or a {renewal of a } new commission, on or after May 6, 2026.

(2)(1) AThis {notarysection }applies journalto shall:a notary who receives a commission, or a new commission, on or after May 6, 2026.

(2) A journal shall:

and - 12 - SB0139 compared with SB0139S02 (b) subject to Subsection (4), consist of a chronological record of each notarial act that the notary performs, completed by the notary at the time the notary completes the notarial act, including the following for each notarial act:

(iii)(iii)(A) (A) the title of the record for which the notary performs the notarial act;

(B) a statement that the individual described in Subsection (2)(b)(v)(A) is a credible- individual11 whom- theS.B. notary personally knows;

139 Enrolled Copy credible individual whom the notary personally knows;

and - 13 - SB0139 compared with SB0139S02 (C) a description of the identification, described in Subsection 46-1-2(25)(a)(i)(D)(III), of the credible individual that states:

(iv){(ix)}(ix) the signature, printed name, and address of the individual for whom the notary performs the notarial act;andact; {(v) {a detailed record of the notarial act;} } {(vi) {if the notary administered an oath, an indication that the notary administered the oath;

and}and }(x) (vii){(x)} the fee charged, if any, by the notary.

(a) record in the remote notary's electronic {notary } journal, the information described in Subsection (2)(b);

and (b) include with the notary's electronic {notary } journal a copy of the electronic recording of the remote notarization.

(4)(4)(a) (a) A notary may make a single entry in a {notary } journal to document more than one notarial act if the notarial acts are performed for the same individual at the same time on:

or (ii)- similar12 records.- Enrolled Copy S.B.

(b)139 When(ii) performingsimilar arecords. notarial act for an individual, a notary is not required to have the individual sign the {notary } journal if:

(i)(b) (i){(A)}When theperforming notary has performed a notarial act for thean individualindividual, withina 180notary daysis beforenot therequired dayto onhave which the notaryindividual performssign the notarialjournal act;if:

-(i)(A) 14the -notary SB0139has comparedperformed witha SB0139S02notarial (ii){(B)}act for the notaryindividual haswithin personal180 knowledgedays ofbefore the identityday ofon which the individual;notary performs the notarial act;

(iii){(C)}(B) the individualnotary ishas anpersonal employerknowledge orof athe coworkeridentity of the notary;individual;

(iv){(D)}(C) the notarialindividual actis relatesan toemployer or a transactioncoworker performed in the ordinary course of the individual'snotary; business;

and(D) (v){(E)} the notarynotarial entersact "knownrelates personally"to ina placetransaction ofperformed in the evidenceordinary otherwisecourse requiredof for the detailedindividual's recordbusiness; described in Subsection {(2)(b)(v).} ;

and (E) the notary enters "known personally" in place of the evidence otherwise required for the detailed record described in Subsection;

(5) If a notary or remote notary refuses to perform or complete a notarial act, the notary shall record in the {notary } journal:

46-1-15.46-1-15 .

Inspection of {notary } journal -- Safekeeping and custody of {notary } journal -- Nature of record.

(a) keep the notary's {notary } journal in the notary's exclusive custody;

and (b) ensure that the {notaryjournal }journal is not used by any other person for any purpose.

(2)(2)(a) (a) A remote notary shall:

and] [(iii) protect the backup electronic journal and electronic recording described in Subsection (2)(a)(2)(a)(ii) (ii) from unauthorized access or use.] (i) ensure that the electronic {notaryjournal, } journal , and the electronic recording of each remote {notary electronic recordings relating to the electronic notary journal } notarization, are a secure and authentic record of the remote notarizations that the remote- notary13 performs;- S.B.

and139 -Enrolled 15Copy - SB0139 compared with SB0139S02 (ii) maintain, and protect from unauthorized access or use, a backup of the electronic {notary } journal , and the electronic {recordings relating to } recording of each remote notarization recorded in the {electronic notary }performs; journal.

(b)and (i)(ii) Amaintain, remoteand notaryprotect mayfrom designateunauthorized asaccess or use, a custodianbackup of the remoteelectronic notary'sjournal, electronic{ notary} journal and {remote notary } the electronic {[recordingrecording }[describedof ineach Sectionremote 46-1-14]notarization {recordings}recorded ofin eachthe remotejournal. notarization:

(b)(i) A remote notary may designate as a custodian of the remote notary's electronic journal and the electronic recording [described in Section 46-1-14] of each remote notarization:

or (B) except as provided in Subsection (2)(b)(iii), an electronic repository that grants the remote notary sole access to the electronic{electronic notary} journal and electronic recording and does not allow the person who operates the electronic repository or any other person to access the notary's electronic {notary } journal, information in the {notaryjournal, }journal, or [the] an {remoteelectronic notaryrecording }electronic {[recording{]} recordings} of a remote notarization for any purpose.

(ii) A remote notary [that] who designates a custodian under Subsection (2)(b)(i) shall execute an agreement with the custodian that requires the custodian to comply with the safety and security requirements, record retention requirements, and record destruction requirements of this chapter with regard to the remote notary's electronic {notaryjournal, }journal, the information in the remote notary's electronic {notaryjournal, }journal, and the {remoteelectronic notary's }electronic [recording] recordings.

(iii) An electronic repository described in Subsection (2)(b)(i)(B) may access [an] a remote notary's electronic {notaryjournal, }journal, information [contained in an electronic journal, and the electronic recording] in the {notary } journal, and the electronic {recordings} recording of each remote notarization:

(3) The notary's employer may not require the notary to surrender the {notaryjournal }journal or the electronic recording upon termination of the notary's employment.

- 16 - SB0139 compared with SB0139S02 (4) The lieutenant governor or a designee of the lieutenant governor may inspect a notary's {notary } journal or a remote notary's electronic recordings relating to a notarial act:

(a)- to14 ensure- complianceEnrolled withCopy theS.B. requirements of this chapter or a related provision of law;

139 (a) to ensure compliance with the requirements of this chapter or a related provision of law;

(5)(5)(a) (a) Except as provided in Subsection (5)(b) or (7), an individual may, during the notary's normal business hours, inspect or request a copy of an entry {in the notary's notary journal of } for a specific notarial actinact in the notary's journal, if:

(i) the notary personally knows the individual or {the individual proves } verifies the individual's identity {to the notary} by satisfactory evidence of identity;

(iii) the individual affixes the individual's signature in the {notary } journal, as a separate entry that contains:

(C) the notarial record the individual inspectsorinspects or of which the individual requests a copy;

(D) the date of the inspectionorinspection or request;

and (E) the reason for the inspectionorinspection or request;

and (iv) the individual inspectsinspects, , or the notary provides a copy of, only the {notarial act } entry requested by the individual.

(b) A notary may refuse to allow an inspectioninspection, {described in } , or provide a copy, under Subsection (5)(a)(5)(a), , if the notary has a reasonable, articulable belief that the individual is seeking the inspection with criminal or other harmful intent.

(6)(6)(a) (a) As used in this Subsection (6), "official request" means:

or - 17 - SB0139 compared with SB0139S02 (iii) a court order.

(i) inspect a {notary } journal, an entry in a {notary } journal, or {a } an electronic recording {relating to } of a {notary journal} remote notarization;

or (ii)- provide15 a- certifiedS.B. copy of a notarial actor entry in the notary's journal.

139 Enrolled Copy (ii) provide a certified copy of a notarial act or entry in the notary's journal.

(a) a {notary } journal;

{(9)} {An electronic recording of a remote notarization is not part of a notary journal.} } Section 9.

46-1-16.46-1-16 .

(2)(2)(a) (a) Except as provided in Subsection (2)(d), a notary shall keep an official seal, and a remote notary shall keep an electronic seal and electronic signature, that is the exclusive property of the notary.

-(c)(i) 18 - SB0139 compared with SB0139S02 (c) (i) Each official seal used for an in-person notarization shall be in purple ink.

(d)(d)(i) (i) A remote notary may allow a person that provides an electronic seal to the remote notary under Section 46-1-17 to act as guardian over the electronic seal.

or (B) using the seal to perform a notarization, other than the remote notary named on- the16 seal.- Enrolled Copy S.B.

139 on the seal.

(3)(3)(a) (a) A notary shall obtain a new official seal:

- 19 - SB0139 compared with SB0139S02 (c) When performing a remote notarization, a remote notary shall attach the remote notary's electronic signature and electronic seal under Subsection (3)(b) to an electronic notarial certificate in a manner that makes evident any subsequent change or modification to:

(6)- A17 notary- mayS.B. not use an official seal independent of a notarial certificate.

139 Enrolled Copy (6) A notary may not use an official seal independent of a notarial certificate.

(9)(9)(a) (a) When a notary resigns or the notary's commission expires or is revoked, the notary shall:

- 20 - SB0139 compared with SB0139S02 (b) A former remote notary shall certify to the lieutenant governor in writing that the former remote notary has complied with Subsection (9)(a)(ii) within 10 days after the day on which the notary resigns or the notary's commission expires or is revoked.

(10)(10)(a) (a) As used in this Subsection (10), "authority" means:

(b) An actor commits unlawful interference with a notary if the person, without authority,- knowingly,18 uses,- forges,Enrolled takes,Copy accesses,S.B. conceals, damages, destroys, or alters:

139 authority, knowingly, uses, forges, takes, accesses, conceals, damages, destroys, or alters:

- 21 - SB0139 compared with SB0139S02 (A) email, using the address provided on the website for the Notary Department, within the Office of the Lieutenant Governor;

[(10)[(10)(a) (a) A person who, without authorization, knowingly obtains, conceals, damages, or destroys- the19 certificate,- disk,S.B. coding, card, program, software, or hardware enabling a remote notary to affix an official electronic signature or electronic seal to an electronic record is guilty of a class B misdemeanor.] [(b) A remote notary shall immediately notify the lieutenant governor if the notary becomes aware that the notary's electronic signature, electronic seal, electronic journal, or information from the journal has been lost, stolen, or used unlawfully.] {(10)} {(a) A person commits unlawful interference with a notary if the person, without legal authority, knowingly uses, forges, takes, accesses, conceals, damages, destroys, or alters:} {(i) a notary's signature or electronic signature;} {(ii) a notarial certificate or electronic certificate;} {(iii) an official seal;} {(iv) equipment, hardware, software, computer code, or electronic storage medium that is used or intended for use to perform a notarial act;} {(v) a notary journal;

or}139 {(vi)Enrolled anCopy electronicdestroys recordingthe relatingcertificate, todisk, acoding, notarycard, journal.}program, {(b)software, Aor violationhardware ofenabling Subsection (10)(a) is a classremote B misdemeanor.} {(11) A notary shallto complyaffix withan Subsectionofficial (12)electronic ifsignature theor notaryelectronic discoversseal that:}to -an 22electronic -record SB0139is comparedguilty withof SB0139S02a {(a)class aB violationmisdemeanor.] of[(b) SubsectionA (10)remote occursnotary inshall relationimmediately tonotify the notary;}lieutenant {(b)governor aif violationthe ofnotary Subsectionbecomes (10)aware occursthat inthe relationnotary's toelectronic ansignature, itemelectronic describedseal, inelectronic Subsectionjournal, (10)or overinformation whichfrom the notaryjournal has custodybeen lost, stolen, or control;used unlawfully.] Section 10.

or} {(c) an item described in Subsection (10) over which the notary has custody or control is otherwise lost, damaged, or destroyed.} {(12) If notary makes a discovery described in Subsection (11), the notary shall:} {(a) for a discovery described in Subsection (11)(a) or (b), immediately inform a law enforcement officer with jurisdiction of the violation;

and} {(b) for a discovery described in Subsection (11)(a), (b), or (c):} {(i) immediately provide written notice of the discovery to the lieutenant governor:} {(A) by email, at the email provided on the website of the Notary Department within the Office of the Lieutenant Governor;

or} {(B) by certified mail or another means that provides a receipt proving delivery;

and} {(ii) include in the written notice:} {(A) a description of the discovery and the facts relating to the discovery;} {(B) the notary's name, address, and commission number;} {(C) if the matter relates to a notary journal or an electronic recording relating to a notary journal, the time period to which the notary journal or electronic recordings relate;

and} {(D) if the discovery relates to a violation of Subsection (10), information enabling the lieutenant governor to identify and obtain a copy of the police report relating to the incident.} Section 10.

This Bill Repeals:

Effective date.

2-17-26 9:37 PM - 2320 -