Bill > SB0139

This bill amends the Notaries Public Reform Act to update definitions and procedures related to notarial acts, particularly those performed remotely. Key changes include defining "electronic journal" and "electronic recording of a remote notarization," clarifying what constitutes "in the presence of the notary" for both in-person and remote notarizations, and expanding the definition of "notarial act" to include specific types like jurats, acknowledgments, signature witnessings, copy certifications, and oaths or affirmations. The bill also updates the requirements for "satisfactory evidence of identity" for both in-person and remote notarizations, introducing "secondary authentication of identity" for remote notarizations, which can involve knowledge-based questions or biometric data analysis. It mandates that remote notaries create and store electronic recordings of remote notarizations and specifies retention periods for journals and recordings, requiring destruction after 10 years. The bill also introduces new provisions for notaries commissioned on or after May 6, 2026, detailing specific requirements for their journals and electronic recordings, and clarifies the inspection and safekeeping of journals and electronic recordings, including provisions for employers and electronic repositories. Finally, it introduces a new crime of "unlawful interference with a notary" for unauthorized tampering with notary records or equipment, punishable as a class B misdemeanor, and sets an effective date of May 6, 2026.

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https://le.utah.gov/~2026/bills/static/SB0139.html