2016 -- H 8363

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LC006244

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - NOTARIES PUBLIC AND

JUSTICES OF THE PEACE

     Introduced By: Representatives Ucci, and McNamara

     Date Introduced: June 17, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-30-5 of the General Laws in Chapter 42-30 entitled "Notaries

Public and Justices of the Peace" is hereby amended to read as follows:

     42-30-5. Application for appointment. -- (a) Application. - Any qualified elector

individual of this state desiring to be appointed a notary public, or a justice of the peace, shall

make written application to the governor over his or her own signature, stating that he or she is a

qualified elector who is an actual resident of the state of Rhode Island.

      (b) Qualification as an elector of the state at the time of making application is to be

certified to by a member of the board of canvassers and registration, in cities having such boards,

or by the city or town clerk of the city or town in which the applicant claims a right to vote, and

except for members of the bar of this state, the member of the board of canvassers and

registration or the city or town clerk shall satisfy himself or herself that the

     Qualifications of applicants. - (1) Person qualified for a notary public commission shall

be at least eighteen (18) years of age and reside legally or conduct business on a regular basis

within Rhode Island.

     (2) The applicant for appointment to the office of notary public or justice of the peace can

speak, read, and write the English language and has sufficient knowledge of the powers and

duties pertaining to that office.

      (c) Attorneys and accountants. - A member of the Rhode Island bar, and certified public

accountants under § 5-3.1-5, shall, regardless of residence, be appointed a notary public upon

application and presentment of a certified copy of his or her certificate of admission to the bar or

certificate of public accountancy.

      (d) Any such person making written application to be appointed a notary public or

justice of the peace shall, at the time of application, pay to the secretary of state the sum of eighty

dollars ($80.00).

     SECTION 2. This act shall take effect upon passage on September 16, 2016.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - NOTARIES PUBLIC AND

JUSTICES OF THE PEACE

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     This act would make the Rhode Island notary and justice of the peace applications

conform to Massachusetts law and allow non-residents to apply. The act would also establish

additional qualifications to be a notary public.

     This act would take effect upon passage on September 16, 2016.

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