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Utah House approves bill to allow remote notarizations, adds security amendment
Summary
The House passed first substitute HB 52 on Jan. 30, 2019, authorizing remote (audio-video) notarizations in Utah with multi-factor ID checks and secure record storage; the bill, amended to require secure transmission and storage, passed and will take effect in November if enacted.
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Representative Katy Hall introduced first substitute House Bill 52 on Jan. 30, 2019, proposing statewide standards for remote (audio-video) notarization. The measure would allow a signer to upload a document, verify identity by government photo ID and multi-factor authentication, and complete notarization via a recorded audio-video session that produces an electronic signature and seal.
Supporters said the bill modernizes notarial practice and helps rural residents, deployed service members and businesses. "This process is pretty straightforward," Hall said, describing how "you upload a document to an app or a website and get connected to a notary via, by video." She told members the lieutenant governor's office, which commissions notaries, supports the measure after an interim review.
Representative Dye moved amendment number 2 (dated Jan. 30 at 03:44PM) to require secure data transmission and secure storage of notarization records. Dye said the change "is very simple to do and no incremental cost" and would ensure records created by the transaction are stored securely. Hall described the amendment as "very friendly" and said it improved the bill; the House adopted the amendment by voice vote.
Members who spoke in favor included Representative Miles, a long-time notary, who said the bill and its safeguards "are a great opportunity for our profession and for the public," and Representative King, who noted the bill provides reasonable assurance that notaries can verify identity for remote signers. Representative Snow said title companies had raised concerns in past sessions but that the Utah Land Title Association had signaled neutrality after changes in the interim.
The sponsor said the bill would not take effect immediately if enacted: "this bill does not go into effect until, if it passes, until November of this year," giving the lieutenant governor's office time to prepare training and rules. The House opened and closed the vote on the amended substitute and the clerk announced the final tally: first substitute HB 52 received 68 yeas and 0 nays; the bill passed the House and was transmitted to the Senate for consideration.
Next steps: HB 52 will go to the Utah Senate for its consideration; if enacted, the effective date specified in debate is November of the enactment year, allowing administrative preparation by the lieutenant governor's office.
