HB 319: Electronic Records Amendments - Utah

Substitute #1 → Substitute #2 · 5 edits

MODERATE

The bill was amended to clarify definitions and streamline the approval process for counties accepting digitally authenticated records. The primary change involves moving the definition of 'digital authentication' from a broad method description to a specific requirement that the technology must be tamper-evident and meet state standards. Additionally, the bill now explicitly requires counties to consult with specific industry stakeholders (like the Title and Escrow Commission) before seeking approval, ensuring broader input before implementation.

Scope change

The scope of the bill remains focused on authorizing counties to accept digitally authenticated records as an alternative to notarization, but the criteria for approval have been tightened to include mandatory stakeholder consultation.

DEFINITION

The definition of 'digital authentication' was changed to explicitly require the use of 'tamper-evident technology' and compliance with specific state standards, replacing a more general definition.

Several older, redundant definitions related to notary acts (such as 'acknowledgment', 'copy certification', and various notary-specific terms) were removed from the definitions section, likely to keep the bill focused solely on digital authentication.

REQUIREMENT

A new requirement mandates that counties must consult with specific industry stakeholders, including the Title and Escrow Commission, before submitting a proposal for digital authentication approval.

The definition of 'digitally authenticated record' was updated to include a specific clause stating that the document must be approved for county use in accordance with the new approval process.

The bill now explicitly requires counties to maintain audit trails for all digitally authenticated records they accept.

Amended 2/25/2026 09:02:409 → Substitute #1 · 3 edits

MINOR

The bill was updated to reflect a new substitute version that clarifies the legal effect of digitally authenticated records, explicitly stating they have the same legal standing as traditionally notarized documents. It also added new Utah Code sections to establish a formal approval process where counties must seek State Archives approval before accepting digital records, and it updated the list of affected statutes to include sections related to remote notarization and real estate escrow.

Scope change

The bill's scope was expanded to include additional Utah Code sections (46-1-2 and 57-3-101.5) that were not listed in the previous version, broadening the legislative context to cover remote notarization standards and real estate escrow rules.

DEFINITION

Added explicit language stating that digitally authenticated records have the same legal effect as notarized documents when requirements are met.

REQUIREMENT

Updated the list of Utah Code sections affected to include 46-1-2 (remote notarization) and 57-3-101.5 (real estate escrow), ensuring the bill aligns with these related areas.

TECHNICAL

Minor formatting and line break adjustments were made throughout the text to improve readability and standardize the layout.

Amended 2/18/2026 11:02:600 → Amended 2/25/2026 09:02:409 · 2 edits

MINOR

The bill was amended to reorganize the definitions section for clarity and to correct a cross-reference error in the county recorder statute that incorrectly cited the new section number. The substantive policy regarding digital authentication standards and county approval processes remains unchanged.

DEFINITION

The definitions of 'Digital authentication' and 'Digitally authenticated record' were moved to the beginning of the section to improve readability and logical flow.

REQUIREMENT

A cross-reference in the county recorder statute was corrected to cite the new section number (17-71-301.5) instead of the old number (46-1-2).

Amended Excerpts 2/25/2026 09:02:409 → Amended 2/18/2026 11:02:600 · 4 edits

MODERATE

The bill was updated from a Senate amendment version to an official first substitute bill sponsored by Paul A. Cutler. The core policy remains focused on allowing Utah counties to accept digitally authenticated records instead of traditional notarized documents, but the text now includes a formal long title, detailed definitions, and specific operational requirements for counties seeking approval.

Scope change

The bill's scope expanded from a brief excerpt to a complete legislative document with a formal long title, general description, highlighted provisions, and a list of specific Utah Code sections being amended or enacted.

DEFINITION

Added a formal 'Long Title' section outlining the bill's purpose, including defining terms like 'digital authentication system' and 'digitally authenticated record'.

REQUIREMENT

Added specific requirements for counties, such as maintaining audit trails for digital records and providing public notice of accepted authentication types.

Added detailed subsections requiring counties to submit proposals to the State Archives describing their digital systems, security measures, and implementation plans before accepting digital records.

TECHNICAL

Changed the document header from 'Amended Excerpts' dated February 25 to '1st Sub. (Buff) H.B. 319' dated February 18, indicating a procedural update in the legislative process.

Amended Excerpts 2/18/2026 11:02:600 → Amended Excerpts 2/25/2026 09:02:409 · 1 edit

MINOR

The bill version progressed from House amendments to Senate amendments, shifting the document title and amendment date. The core policy content regarding digital record retention requirements remained substantively identical, though the line numbers were renumbered to reflect the Senate's version of the bill.

Scope change

The scope of the bill's applicability did not change; the substantive rules for governmental entities handling digital records are the same in both versions.

TECHNICAL

The document header was updated to reflect Senate amendments instead of House amendments, and the line numbers for the digital record retention section were renumbered from 349-354 to 211-216.

Enrolled → Amended Excerpts 2/18/2026 11:02:600 · 5 edits

MODERATE

This bill establishes a formal framework for counties to accept digitally authenticated records (like digital deeds) instead of traditional paper documents. It requires counties to get approval from the State Archives before accepting these records and mandates that the State Archives set technical standards for digital security and long-term preservation. The Division of Technology Services will provide technical support to ensure the system is secure and interoperable.

Scope change

The bill expands the scope of county record-keeping to include digital authentication, applying to all governmental entities that create or accept such records.

REQUIREMENT

Counties must now submit a detailed proposal to the State Archives and obtain written approval before they can accept digitally authenticated records.

The State Archives is granted authority to establish technical standards for digital authentication systems, including security, format, and preservation requirements.

Governmental entities accepting digital records are now required to transfer those records to the State Archives in accordance with specific state archivist requirements.

TECHNICAL

The Division of Technology Services is tasked with providing technical consultation and assistance to the State Archives and governmental entities implementing these digital systems.

DEFINITION

New legal definitions were added for 'digital authentication,' 'digitally authenticated record,' and 'tamper-evident technology' to clarify the technology standards.

Introduced → Enrolled · 5 edits · Mar 19, 2026

MODERATE

This bill updates Utah law to allow counties to accept digitally authenticated records as a legal alternative to traditional notarization. It establishes a new approval process where counties must submit technical proposals to the State Archives before accepting these records, ensuring security and long-term preservation standards are met. The legislation also creates new definitions for digital authentication and grants the State Archivist authority to set technical standards in consultation with the Division of Technology Services.

Scope change

The bill expands the scope of acceptable documents for county recording to include digitally authenticated records, provided they meet specific state-mandated security and preservation standards.

REQUIREMENT

Counties must now obtain written approval from the State Archivist before they can accept digitally authenticated records, requiring a detailed proposal on security measures and implementation plans.

DEFINITION

New legal definitions were created for 'digital authentication,' 'digitally authenticated record,' and 'tamper-evident technology' to standardize how these electronic records are handled.

ELIGIBILITY

Digitally authenticated records are now legally equivalent to notarized documents for recording purposes, provided they meet the new technical standards and county approval requirements.

TECHNICAL

The State Archivist is granted rulemaking authority to establish technical standards for digital authentication systems, including cybersecurity, data integrity, and long-term preservation formats.

TIMELINE

A new section establishes that county approvals for digital authentication systems are valid for three years and must be renewed upon demonstrating continued compliance.

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