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House debates third-substitute notary bill; amendment to require attorneys to pass notary exam circled

Utah House of Representatives · February 17, 2010
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Summary

The House heard debate on third-substitute SB22 (notary public amendments). An amendment by Representative Bigelow to require attorneys to pass the state notary exam was offered, prompting debate on attorney exemptions and professional discipline. The body agreed to 'circle' the bill for further consideration.

Third substitute Senate Bill 22, addressing notary public statutes, drew extended debate on the House floor. Representative Dave Hunsaker presented the bill as clarifying notary certificate requirements and permitting state-licensed attorneys to qualify as notaries without taking the written notary exam, while still meeting bonding and residency requirements.

Representative Jenny Bigelow offered an amendment to reinsert a requirement that attorneys pass the written notary examination (section 46-1-3) to ensure they remain current on notary-specific duties and disciplinary processes. "Although attorneys do have a great knowledge of the law, it is not specific to the notary public," Bigelow said, arguing that examination would assure appropriate knowledge of notary procedures.

Representative Hunsaker resisted the amendment, noting Utah is one of only a few states that require a notary test and saying attorneys are already licensed to practice law in-state. Representative Denise Berry supported Bigelow's amendment, citing county experience with notary issues and the need for attorneys to demonstrate currency on notary law for disciplinary reasons. Several members questioned the amendment's effect and whether it would nullify the bill's intent.

Rather than resolving the debate, the House adopted a substitute motion to 'circle' the third substitute SB22—moving the bill off the immediate calendar to allow more discussion. The substitute motion to circle carried and the bill was circled for later consideration rather than being amended or passed on the floor today.