Chapter 439 |
2022 -- S 2705 SUBSTITUTE A Enacted 06/30/2022 |
A N A C T |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- JUSTICES OF THE PEACE -- UNIFORM LAW ON NOTARIAL ACTS |
Introduced By: Senators Coyne, Seveney, Miller, Burke, and Archambault |
Date Introduced: March 17, 2022 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 42-30-5 of the General Laws in Chapter 42-30 entitled "Justices of |
the Peace" is hereby amended to read as follows: |
42-30-5. Application for appointment. |
(a) Application. Any individual desiring to be appointed a justice of the peace shall make |
written application to the governor over his or her own signature. |
(b) Qualifications of applicants: |
(1) The person qualified for a justice of the peace commission shall be at least eighteen |
(18) years of age and reside legally or conduct business on a regular basis within Rhode Island; and |
(2) The applicant for appointment to the office of 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 justice of the peace 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 person making written application to be appointed a 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. Sections 42-30.1-2, 42-30.1-3, 42-30.1-4, 42-30.1-5, 42-30.1-6 and 42-30.1- |
12 of the General Laws in Chapter 42-30.1 entitled "Uniform Law on Notarial Acts" are hereby |
amended to read as follows: |
42-30.1-2. Definitions. |
For purposes of this chapter, the following definitions apply: |
(1) "Acknowledgment" means a declaration by an individual before a notarial officer that |
the individual has signed a record for the purpose stated in the record and, if the record is signed in |
a representative capacity, that the individual signed the record with proper authority and signed it |
as the act of the individual or entity identified in the record. |
(2) "Commissioning agency" means the Rhode Island office of the secretary of state. |
(3) "Commissioning officer" means the governor of the state of Rhode Island. |
(4) "Communication technology" means an electronic device or process that: |
(i) Allows simultaneous communication by sight and sound between a notary public and a |
remotely located individual; and |
(ii) When necessary and consistent with other applicable law, facilitates communication |
with a remotely located individual who has a vision, hearing, or speech impairment by providing |
reasonable accommodations. |
(4)(5) "Electronic" means relating to technology having electrical, digital, magnetic, |
wireless, optical, electromagnetic, or similar capabilities. |
(5)(6) "Electronic signature" means an electronic symbol, sound, or process attached to, or |
logically associated with, a record and executed or adopted by an individual with the intent to sign |
the record. |
(7) "Foreign state" means a jurisdiction other than the United States, a state, territory, or a |
federally recognized Indian tribe. |
(8) "Identity proofing" means a process or service by which a third person provides a notary |
public with a means to verify the identity of a remotely located individual by a review of personal |
information from public or private data sources. |
(6)(9) "In a representative capacity" means acting as: |
(i) An authorized officer, agent, partner, trustee, or other representative for a person other |
than an individual; |
(ii) A public officer, personal representative, guardian, or other representative, in the |
capacity stated in a record; |
(iii) An agent or attorney-in-fact for a principal; or |
(iv) An authorized representative of another in any other capacity. |
(7)(10) "Notarial act" means an act, whether performed with respect to a tangible or |
electronic record, that a notarial officer may perform under the law of this state. The term includes |
taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or |
affirmation, witnessing or attesting a signature, certifying or attesting a copy, noting a protest of a |
negotiable instrument and transact, do and finish all matters and things relating to protests and |
protesting bills of exchange and promissory notes, and all other matters within their office required |
by law, take depositions as prescribed by law, and acknowledgments of deeds and other |
instruments. |
(8)(11) "Notarial officer" means a notary public or other individual authorized to perform |
a notarial act. |
(9)(12) "Notary public" means an individual commissioned to perform a notarial act by the |
commissioning officer. |
(10)(13) "Official stamp" means a physical image affixed to a tangible record or an |
electronic image attached to, or logically associated with, an electronic record. |
(14) "Outside the United States" means a location outside the geographic boundaries of the |
United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession, |
or other location subject to the jurisdiction of the United States. |
(11)(15) "Person" means an individual, corporation, business trust, statutory trust, estate, |
trust, partnership, limited-liability company, association, joint venture, public corporation, |
government or governmental subdivision, agency, or instrumentality, or any other legal or |
commercial entity. |
(12)(16) "Record" means information that is inscribed on a tangible medium or that is |
stored in an electronic or other medium and is retrievable in perceivable form. |
(17) "Remotely located individual" means an individual who is not in the physical presence |
of the notary public who performs a notarial act pursuant to § 42-30.1-12.1. |
(13)(18) "Sign" means, with present intent to authenticate or adopt a record: |
(i) To execute or adopt a tangible symbol; or |
(ii) To attach to, or logically associate with, the record an electronic symbol, sound, or |
process. |
(14)(19) "Signature" means a tangible symbol or an electronic signature that evidences the |
signing of a record. |
(15)(20) "Stamping device" means: |
(i) A physical device capable of affixing an official stamp upon a tangible record; or |
(ii) An electronic device or process capable of attaching to, or logically associating an |
official stamp with, an electronic record. |
(16)(21) "State" means a state of the United States of America, the District of Columbia, |
Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the |
jurisdiction of the United States. |
(17)(22) "Verification on oath or affirmation" means a declaration that a statement in a |
record is true, made by an individual under oath or by affirmation before a notarial officer. |
42-30.1-3. Authority to perform notarial act. |
(a) A notarial officer may perform a notarial act authorized by this chapter or by law of this |
state other than this chapter. |
(b) A notarial officer may certify that a tangible copy of an electronic record is an accurate |
copy of the electronic record. |
42-30.1-4. Requirements for certain notarial acts. |
(a) A notarial officer who takes an acknowledgment of a record shall determine, from |
personal knowledge or satisfactory evidence of the identity of the individual, that the individual |
appearing before the officer and making the acknowledgment has the identity claimed and that the |
signature on the record is the signature of the individual. |
(b) A notarial officer who takes a verification of a statement on oath or affirmation shall |
determine, from personal knowledge or satisfactory evidence of the identity of the individual, that |
the individual appearing before the notarial officer and making the verification has the identity |
claimed and that the signature on the statement verified is the signature of the individual. |
(c) A notarial officer who witnesses or attests to a signature shall determine, from personal |
knowledge or satisfactory evidence of the identity of the individual, that the individual appearing |
before the notarial officer and signing the record has the identity claimed. |
(d) A notarial officer who certifies or attests a copy of a record or an item that was copied |
shall determine that the copy is a full, true, and accurate transcription or reproduction of the record |
or item. |
42-30.1-5. Personal appearance required. |
If a notarial act relates to a statement made in, or a signature executed upon, a record, the |
individual making the statement or executing the signature shall appear personally before the |
notarial officer. For purposes of this section, personal appearance means that the principal and the |
notary public communicate by communication technology at the time of the notarization; or that |
the principal and notary public are physically close enough to communicate with each other at the |
time of notarization. |
42-30.1-6. Identification of individual. |
(a) A notarial officer has personal knowledge of the identity of an individual appearing |
before the notarial officer if the individual is personally known to the notarial officer through |
dealings sufficient to provide reasonable certainty regarding that the legal individual has the |
identity of the individual claimed. |
(b) A notarial officer has satisfactory evidence of the identity of an individual appearing |
before the notarial officer if the notarial officer can identify the individual: |
(1) By means of: |
(i) A passport, driver's license, or government-issued, non-driver identification card, that |
is current or expired not more than three (3) years before performance of the notarial act; or |
(ii) Another form of government identification issued to an individual that is current or |
expired not more than three (3) years before performance of the notarial act, contains the signature |
or a photograph of the individual, and is satisfactory to the notarial officer; or |
(2) By a verification on oath or affirmation of a credible witness personally appearing |
before the notarial officer and known to the officer or whom the officer can identify on the basis of |
a passport, driver's license, or government issued nondriver identification card, which is current or |
expired not more than three (3) years before performance of the notarial act. |
(c) A notarial officer may require an individual to provide additional information or |
identification credentials necessary to assure the notarial officer of the identity of the individual. |
42-30.1-12. Foreign notarial act. |
(a) In this section, "foreign state" means a government other than the United States of |
America or a state not including the state of Rhode Island. |
(b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or |
constituent unit of the foreign state, or is performed under the authority of a multinational or |
international governmental organization, the act has the same effect under the law of this state as if |
performed by a notarial officer of this state. |
(c) If the title of office and indication of authority to perform notarial acts in a foreign state |
appears in a digest of foreign law or in a list customarily used as a source for that information, the |
authority of an officer with that title to perform notarial acts is conclusively established. |
(d) The signature and official stamp of an individual holding an office described in |
subsection (c) of this section are prima facie evidence that the signature is genuine and the |
individual holds the designated title. |
(e) A consular authentication issued by an individual designated by the United States |
Department of State as a notarizing officer for performing notarial acts overseas and attached to |
the record with respect to which the notarial act is performed conclusively establishes that the |
signature of the notarial officer is genuine and that the officer holds the indicated office. |
SECTION 3. Chapter 42-30.1 of the General Laws entitled "Uniform Law on Notarial |
Acts" is hereby amended by adding thereto the following sections: |
42-30.1-12.1. Notarial act performed for remotely located individual. |
(a) A remotely located individual may comply with § 42-30.1-5 by using communication |
technology to appear before a notary public. |
(b) A notary public located in this state may perform a notarial act using communication |
technology for a remotely located individual if: |
(1) The notary public: |
(i) Has personal knowledge under § 42-30.1-6(a) of the identity of the individual; |
(ii) Has satisfactory evidence of the identity of the remotely located individual by oath or |
affirmation from a credible witness appearing before the notary public under § 42-30.1-6(b)(2); or |
(iii) Has obtained satisfactory evidence of the identity of the remotely located individual |
by using at least two (2) different types of identity proofing; |
(2) The notary public is reasonably able to confirm that a record before the notary public |
is the same record in which the remotely located individual made a statement or on which the |
individual executed a signature; |
(3) The notary public, or a person acting on behalf of the notary public, creates an audio- |
visual recording of the performance of the notarial act; and |
(4) For a remotely located individual located outside the United States: |
(i) The record: |
(A) Shall be filed with or relates to a matter before a public official or court, governmental |
entity, or other entity subject to the jurisdiction of the United States; or |
(B) Involves property located in the territorial jurisdiction of the United States or involves |
a transaction substantially connected with the United States; and |
(ii) The act of making the statement or signing the record is not prohibited by the foreign |
state in which the remotely located individual is located. |
(c) If a notarial act is performed under this section, the certificate of notarial act required |
by § 42-30.1-12.2 and the short-form certificate provided in § 42-30.1-12.2 must indicate that the |
notarial act was performed using communication technology. |
(d) A short-form certificate provided in § 42-30.1-12.2(g) for a notarial act subject to this |
section is sufficient if it: |
(1) Complies with rules adopted under subsection (g)(1) of this section; or |
(2) Is in the form provided in § 42-30.1-12.2(g) and contains a statement substantially as |
follows: "This notarial act involved the use of communication technology." |
(e) A notary public, a guardian, conservator, or agent of a notary public, or a personal |
representative of a deceased notary public shall retain the audio-visual recording created under |
subsection (b)(3) of this section, or cause the recording to be retained by a repository designated |
by or on behalf of the person required to retain the recording. Unless a different period is required |
by rule adopted under subsection (g)(4) of this section, the recording must be retained for a period |
of at least ten (10) years after the recording is made. |
(f) Before a notary public performs the notary public’s initial notarial act under this section, |
the notary public must notify the commissioning agency that the notary public will be performing |
notarial acts with respect to remotely located individuals and identify the technologies the notary |
public intends to use. If the commissioning agency has established standards under subsection (g) |
of this section for approval of communication technology or identity proofing, the communication |
technology and identity proofing must conform to the standards. |
42-30.1-12.2. Certificate of notarial act for a remotely located individual. |
(a) A notarial act for a remotely located individual pursuant to § 42-30.1-12.1 shall be |
evidenced by a certificate. The certificate shall: |
(1) Be executed contemporaneously with the performance of the notarial act; |
(2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, |
be signed in the same manner as on file with the commissioning agency; |
(3) Identify the jurisdiction in which the notarial act is performed; |
(4) Contain the title of office of the notarial officer; and |
(5) If the notarial officer is a notary public, indicate the date of expiration, if any, of the |
officer’s commission. |
(b) If a notarial act regarding a tangible record is performed by a notary public, an official |
stamp shall be affixed to the certificate. If a notarial act is performed regarding a tangible record |
by a notarial officer other than a notary public and the certificate contains the information specified |
in subsections (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be affixed to the |
certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the |
certificate contains the information specified in subsections (a)(2), (a)(3), and (a)(4) of this section, |
an official stamp may be attached to or logically associated with the certificate. |
(c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) |
and (b) of this section, and: |
(1) Is in a form otherwise permitted by the laws of this state; |
(2) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act |
was performed; or |
(3) Sets forth the actions of the notarial officer and the actions are sufficient to meet the |
requirements of the notarial act as provided in §§ 42-30.1-4, 42-30.1-5, and 42-30.1-6 or any other |
applicable laws of this state. |
(d) By executing a certificate of a notarial act, a notarial officer certifies that the notarial |
officer has complied with the requirements and made the determinations specified in §§ 42-30.1-3, |
42-30.1-4, and 42-30.1-5. |
(e) A notarial officer may not affix the notarial officer’s signature to, or logically associate |
it with, a certificate until the notarial act has been performed. |
(f) If a notarial act is performed regarding a tangible record, a certificate must be part of, |
or securely attached to, the record. If a notarial act is performed regarding an electronic record, the |
certificate must be affixed to, or logically associated with, the electronic record. |
(g) The commissioning agency shall develop short-form certificates of notarial acts, if |
completed with the information required by subsections (a), (b), and (c) of this section, for the |
following purposes: |
(1) An acknowledgment in an individual capacity; |
(2) An acknowledgment in a representative capacity; |
(3) A verification on oath or affirmation; |
(4) Witnessing or attesting a signature; |
(5) Certifying a copy of a record. |
42-30.1-20.1. Fees to perform notarial acts. |
(a) A notary public may charge a fee not to exceed twenty-five dollars ($25.00) per |
document or notarization. All fees must be disclosed to any person utilizing the services of the |
notary public prior to performance of the notarial act. |
(b) In performing a notarial act for a remotely located individual pursuant to § 42-30.1- |
12.1, a notary public may charge a fee not to exceed twenty-five dollars ($25.00) per document or |
notarization. All fees must be disclosed to any person utilizing the services of the notary public |
prior to the performance of a notarial act pursuant to § 42-30.1-12.1. |
SECTION 4. This act shall take effect upon passage. |
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LC005457/SUB A/2 |
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