UtahS.B. 1392026 General SessionSenate

Notary Amendments

Sponsored By: Calvin R. Musselman (Republican)

Signed by Governor

Public Utilities and TechnologyGovernment Operations (State Issues)Notarization and AuthenticationConstitutional OfficersLieutenant Governor

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Analyzed Economic Effects

6 provisions identified: 0 benefits, 0 costs, 6 mixed.

Some employed notaries get journal exceptions

Notaries employed by attorneys, law firms, or title agencies need not keep journals for acts done within their jobs. Records of those acts belong to the employer. Those records are not subject to disclosure or inspection by the Utah lieutenant governor. The law does not require attorneys or law firms to violate attorney-client privilege.

Newly commissioned notaries must keep journals

Beginning May 6, 2026, notaries receiving a first or renewed commission must keep secure journals, subject to the employment exception. Non-remote acts require bound paper journals; remote acts require electronic journals. Other notaries may keep paper journals, but remote notaries must keep electronic ones. Newly covered notaries must record acts when completed, including the time, act type, document, fee, signatures, addresses, and identity details. Identification details include the issuer, issue and expiration dates, and last four digits where applicable; oaths must also be documented. Remote entries must describe the second identity check and include the recording, including under the older journal rules. One entry may cover several acts only for the same person, at the same time, involving one record or similar records.

Notaries must secure records for 10 years

Notaries must keep journals for 10 years after the last recorded act, even after they stop serving. Remote notaries must also keep related recordings and protected backups for that period. Afterward, records must be destroyed; electronic records and backups must be made unrecoverable. The law removes the separate five-year remote-record rule, but applicable 10-year duties remain. Notaries must control their journals and prevent others from using them; remote records must stay secure and authentic. Remote notaries can name an employer or qualifying electronic storage service as custodian through a written security, retention, and destruction agreement. Storage services must preserve the notary's sole access, except for authorized notarization, storage, or court-ordered access. Employers cannot demand surrender of journals or recordings when employment ends.

Notary records get limited access protections

Journals and remote recordings are not public records under Utah's public-records law. A person can inspect or copy a specific entry during normal business hours after identifying the act and signer. The requester must meet identification requirements and sign a separate journal entry; access covers only the requested entry. Notaries can refuse requests when they reasonably believe the purpose is criminal or harmful. The lieutenant governor or designee can inspect specified records for compliance or authenticity, with identity verification and a signed inspection entry. Notaries must honor qualifying official requests within the investigation, subpoena, or court order's scope. Biometric information and identification images require written consent from the subject, a court order, or a lieutenant governor request.

Notary tampering brings penalties and reporting

Knowingly interfering with covered notary materials without authority is a Class B misdemeanor. Covered conduct includes using, forging, taking, accessing, concealing, damaging, destroying, or altering signatures, seals, equipment, journals, or recordings. Notaries discovering unlawful interference must immediately notify law enforcement and notify the lieutenant governor in writing, with incident and identifying details. They must also immediately notify the lieutenant governor in writing about lost, damaged, or destroyed materials in their custody or control. Legal or delegated authority allows maintenance, repair, and technical-support access.

Remote notarization gets stronger identity checks

The law authorizes remote notarization through live, two-way video and audio, with identity documents transmitted electronically. The remote notary must be physically in Utah, and each remote act must be recorded. Electronic seals and certificates are allowed. Qualifying photo identification must be unexpired; listed sources include federally recognized tribal governments. A credible person with qualifying identification can identify a signer without personally knowing the notary. Remote acts require a second identity check of the signer or the credible person used to identify them. Driving privilege cards and documents outside the listed categories do not qualify. State rules set technology, identity-check, and security standards, with national standards considered.

Sponsors & Cosponsors

Sponsor

Calvin R. Musselman
Republican • Senate

Cosponsors

Jake Sawyer
Republican • House

Roll Call Votes

All Roll Calls

Yes: 138 • No: 0

House vote • 3/5/2026

House/ passed 3rd reading

Yes: 65 • No: 0

House vote • 2/25/2026

House Comm - Favorable Recommendation

Yes: 10 • No: 0

Senate vote • 2/23/2026

Senate/ passed 3rd reading

Yes: 25 • No: 0

Senate vote • 2/20/2026

Senate/ substituted

Yes: 0 • No: 0

Senate vote • 2/20/2026

Senate/ passed 2nd reading

Yes: 22 • No: 0

Senate vote • 2/3/2026

Senate Comm - Substitute Recommendation

Yes: 8 • No: 0