Utah Notary Law Changes 2026: What SB 139 Means

Senate Bill 139 represents the most significant update to Utah notary law in over a decade. Effective May 6, 2026, the new law introduces mandatory journal keeping, clarifies acceptable forms of identification, and strengthens documentation requirements for both traditional and remote online notarizations.

Overview of Senate Bill 139

Senate Bill 139 was passed during the 2025 Utah legislative session and signed into law by the governor. The bill amends Utah Code Title 46, Chapter 1, which governs notaries public. The primary goals of the legislation are to modernize Utah's notary framework, align it with best practices established by the Revised Uniform Law on Notarial Acts (RULONA), and address gaps in the existing law that have become apparent as notarial practices evolve.

The bill was sponsored with input from the Utah Lieutenant Governor's office, which oversees notary commissions, and from professional notary organizations including the National Notary Association. The legislation reflects a national trend toward stronger notary accountability and documentation standards, driven in part by the rapid growth of remote online notarization and the need for consistent record-keeping across traditional and electronic notarizations.

SB 139 does not change the fundamental structure of Utah notary law. The types of notarial acts remain the same: acknowledgments, jurats, oaths and affirmations, copy certifications, and signature witnessing. The commission requirements, application process, and term of office remain unchanged. What the bill does change are the procedural and documentation requirements that notaries must follow when performing these acts.

The effective date of May 6, 2026, gives notaries approximately one year from the bill's signing to update their practices, acquire journal supplies, and familiarize themselves with the new requirements. NotaryLTD began preparing for compliance immediately upon the bill's passage and has already implemented all required changes well ahead of the effective date.

Mandatory Journal Requirements

The most impactful change in SB 139 is the introduction of mandatory journal keeping for all Utah notaries. Previously, Utah did not require notaries to maintain a journal, although professional organizations and best practice guidelines strongly recommended it. Under SB 139, every Utah notary must maintain a journal and create a detailed entry for every notarial act performed.

Each journal entry must include the date and time of the notarial act, the type of notarial act performed, the type, title, or description of the document notarized, the full name and address of each signer, the type of identification used to verify each signer's identity, the identification document number for each signer, and any additional information required by the Lieutenant Governor's administrative rules.

The journal may be maintained in physical or electronic format. A physical journal must be a bound book with sequentially numbered pages. Entries must be made in ink, and pages cannot be removed. An electronic journal must be maintained on a secure platform that prevents unauthorized alteration and creates an audit trail of all entries. The electronic option is particularly convenient for notaries who perform a high volume of notarizations or who work across multiple locations.

For RON sessions, the journal requirement supplements the existing recording requirement. The audio-video recording of a RON session already captures the identity verification, signing, and seal application. The journal adds a structured, searchable record that makes it easier to locate specific notarizations without reviewing hours of video recordings. This dual-documentation approach provides comprehensive protection for all parties.

Notaries must retain their journal records for a minimum of seven years from the date of the last entry. This is a longer retention period than the five-year RON recording requirement, so notaries should plan their record storage accordingly. Upon resignation or commission expiration, the notary must transfer their journal to the Lieutenant Governor's office or to a successor notary as directed.

Updated Identification Standards

SB 139 clarifies and updates the forms of identification that Utah notaries can accept for identity verification. While the core requirement remains a current, unexpired government-issued photo ID, the bill provides more specific guidance on edge cases that have created confusion under the existing law.

Acceptable forms of identification under SB 139 include a valid driver's license or identification card issued by any U.S. state or territory, a valid U.S. passport or passport card, a valid military identification card issued by the U.S. Department of Defense, and a valid identification document issued by a federally recognized tribal nation. These forms of ID must include a photograph, a physical description, and a signature.

The bill explicitly confirms that Driving Privilege Cards are not acceptable for notarization purposes. This provision codifies existing practice and removes any ambiguity. Driving Privilege Cards, which are issued to individuals who cannot provide proof of lawful presence in the United States, do not meet the identification standards for notarial acts because they do not verify citizenship or immigration status, which are not notary concerns, but rather because they lack the security features and verification processes associated with standard identification documents.

SB 139 also addresses expired identification. The new law clarifies that expired IDs are not acceptable, with no grace period. Previously, some notaries accepted recently expired IDs based on professional judgment. Under SB 139, the ID must be current and unexpired at the time of the notarization. If a signer's ID expired the day before the appointment, the notary must refuse to proceed based on that ID. The signer can use an alternative form of acceptable ID or a credible witness if one is available.

Foreign passports remain acceptable, provided they meet the general requirements of a government-issued photo ID with a physical description and signature. The bill does not impose additional restrictions on foreign identification beyond what currently exists. Notaries should continue to exercise reasonable judgment when examining foreign documents and may refuse any ID they cannot adequately verify.

RON-Specific Provisions in SB 139

SB 139 includes several provisions that specifically address Remote Online Notarization. Utah was an early adopter of RON legislation, and the new bill refines the existing framework based on several years of practical experience with the technology.

The bill requires RON platforms to maintain enhanced security standards, including multi-factor authentication for notary access, encrypted session data, and tamper-evident technology for completed documents. While most reputable RON platforms already meet these standards, the codification provides a clear baseline that all platforms must meet to operate in Utah.

Session recording requirements remain largely the same. The notary must record the entire RON session, including audio and video, and retain the recording for at least five years. SB 139 adds a requirement that the recording must be stored on servers located within the United States, addressing data sovereignty concerns that have emerged as RON platforms increasingly use cloud-based storage.

The journal requirement applies to RON sessions just as it does to in-person notarizations. For RON, the journal must also include the RON platform used and a unique session identifier that links the journal entry to the corresponding recording. This cross-referencing makes it possible to locate the video recording of any specific notarization quickly using the journal as an index.

SB 139 does not restrict the types of documents that can be notarized via RON. Utah continues to allow any document that can be notarized in person to be notarized via RON, provided all platform and procedural requirements are met. This broad approach keeps Utah at the forefront of RON-friendly states and supports the growing demand for remote notarization services.

How SB 139 Affects Document Signers

For most signers, the day-to-day impact of SB 139 will be minimal. The most noticeable change is that the notary will take slightly longer to complete the journal entry during the appointment. Signers should expect the notary to record additional information and may be asked to provide their address if the notary does not already have it.

The stricter ID requirements may affect some signers. If you have been using an expired ID for notarization in the past, that will no longer be possible after May 6, 2026. Ensure your identification is current before scheduling a notarization appointment. If your only form of ID is a Driving Privilege Card, you will need to obtain an alternative form of identification or arrange for a credible witness.

The enhanced documentation benefits signers in the long run. Mandatory journal records provide an independent record of every notarization that can be referenced if questions arise years later about whether a document was properly executed. This protects signers from fraud, identity theft, and disputes about the authenticity of their signatures.

For signers using mobile notary services, the process remains the same. The notary travels to your location, verifies your identity, witnesses the signing, completes the notarial certificate, and now also completes a journal entry. For RON users, the session process is unchanged. The journal requirement happens behind the scenes from the signer's perspective.

Signers involved in loan signings, estate planning, and real estate transactions should not notice any material difference in the notarization process. The changes primarily affect the notary's documentation duties rather than the signer's experience. However, signers should be aware that under the new law, if they are asked for information such as their address, they should provide it accurately since it will become part of the official notarial record.

How SB 139 Affects Practicing Notaries

For practicing notaries, SB 139 requires concrete operational changes. Every notary must obtain a journal, whether physical or electronic, before the effective date. Notaries who do not already maintain a journal should select a journal format, establish their record-keeping procedures, and begin practicing journal entries before May 6, 2026.

Training is essential. While SB 139 does not mandate specific training hours, every notary should review the full text of the bill and the Lieutenant Governor's implementing regulations. Professional organizations such as the National Notary Association and the American Society of Notaries offer updated training materials that address the new requirements.

Electronic journal users should verify that their chosen platform meets the security and audit trail requirements specified in SB 139. Not all electronic journal apps are equal. The platform must prevent unauthorized alteration of entries, maintain an audit log of all changes, and support the seven-year retention requirement. Cloud-based platforms should store data on U.S. servers.

For notaries who handle high volumes of notarizations, such as loan signing agents, the journal requirement adds a few minutes to each appointment. Building this time into scheduling ensures that appointments do not run behind. At NotaryLTD, we have adjusted our scheduling templates to account for the additional journal time, ensuring clients are not inconvenienced.

Enforcement and Penalties

SB 139 strengthens the enforcement mechanisms available to the Lieutenant Governor's office. Non-compliance with the journal requirement, acceptance of prohibited forms of identification, or failure to maintain proper records can result in disciplinary action against the notary's commission.

Penalties range from a written reprimand for minor first-time violations to commission suspension or revocation for repeated or egregious violations. The Lieutenant Governor's office can also impose fines as authorized by the administrative rules implementing SB 139. Notaries who fail to transfer their journal records upon commission expiration or resignation face additional penalties.

Civil liability exposure also increases under the new law. If a notary fails to maintain a journal and a signer later needs to verify a notarization, the notary's inability to produce a journal record could be used as evidence of negligence. This could result in personal liability for damages suffered by the signer or other affected parties.

The enhanced documentation requirements actually protect conscientious notaries as much as they protect the public. A properly maintained journal provides the notary with a detailed record that can be used to defend against false claims. If a signer later alleges that a notarization was performed improperly, the journal entry and any associated RON recording serve as powerful evidence that the notary followed proper procedures.

How to Prepare for the Changes

Both notaries and signers can take steps now to prepare for SB 139's effective date. Notaries should acquire their journal supplies, update their procedures, and begin maintaining voluntary journal entries immediately to build the habit before it becomes mandatory. Joining a professional organization that provides SB 139 training materials and guidance is highly recommended.

Signers should verify that their identification is current and will not expire before their anticipated notarization appointment. If your driver's license or state ID is approaching its expiration date, renew it sooner rather than later. Check that you know the location of your passport or alternative ID in case your primary identification is unavailable.

Business owners who regularly need documents notarized should communicate with their notary service provider about the transition. Ask whether they are prepared for SB 139 compliance and what, if anything, will change about the appointment process. Advance communication prevents surprises.

At NotaryLTD, we are fully prepared for SB 139. Our journal procedures have been in place since before the bill was signed, and our RON platform meets all the bill's technical requirements. Our pricing remains unchanged: $10 per notarial act for in-person appointments, $25 per act for RON, and $0.70 per mile for mobile notary travel from Park City. Visit our FAQ page for answers to common questions, or call 435-565-1333 to schedule your appointment. We serve Summit County, the Wasatch Front, and surrounding areas seven days a week from 9 AM to 9 PM.