Rhode Island HB 7363: AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- JUSTICES OF THE PEACE -- UNIFORM LAW ON NOTARIAL ACTS (Codifies in the general laws the standards of conduct for notaries public in the state of Rhode Island by the secretary of state which came into effect on April 3, 2020. Takes effect on July 1, 2021; sunsets and expires on July 1, 2023.)

Bill Text

2022 -- H 7363 SUBSTITUTE B
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LC003255/SUB B
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2022
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- JUSTICES OF THE PEACE --
UNIFORM LAW ON NOTARIAL ACTS
Introduced By: Representatives Casimiro, and Noret
Date Introduced: February 04, 2022
Referred To: House State Government & Elections

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 1
the Peace" is hereby amended to read as follows: 2
42-30-5. Application for appointment. 3
(a) Application. Any individual desiring to be appointed a justice of the peace shall make 4
written application to the governor over his or her own signature. 5
(b) Qualifications of applicants: 6
(1) The person qualified for a justice of the peace commission shall be at least eighteen 7
(18) years of age and reside legally or conduct business on a regular basis within Rhode Island; and 8
(2) The applicant for appointment to the office of justice of the peace can speak, read, and 9
write the English language and has sufficient knowledge of the powers and duties pertaining to that 10
office. 11
(c) Attorneys and accountants. A member of the Rhode Island bar, and certified public 12
accountants under § 5-3.1-5, shall, regardless of residence, be appointed a justice of the peace upon 13
application and presentment of a certified copy of his or her certificate of admission to the bar or 14
certificate of public accountancy. 15
(d) Any person making written application to be appointed a justice of the peace shall, at 16
the time of application, pay to the secretary of state the sum of eighty dollars ($80.00). 17
SECTION 2. Sections 42-30.1-2, 42-30.1-3, 42-30.1-4, 42-30.1-5, 42-30.1-6 and 42-30.1-18

LC003255/SUB B - Page 2 of 9
12 of the General Laws in Chapter 42-30.1 entitled "Uniform Law on Notarial Acts" are hereby 1
amended to read as follows: 2
42-30.1-2. Definitions. 3
For purposes of this chapter, the following definitions apply: 4
(1) "Acknowledgment" means a declaration by an individual before a notarial officer that 5
the individual has signed a record for the purpose stated in the record and, if the record is signed in 6
a representative capacity, that the individual signed the record with proper authority and signed it 7
as the act of the individual or entity identified in the record. 8
(2) "Commissioning agency" means the Rhode Island office of the secretary of state. 9
(3) "Commissioning officer" means the governor of the state of Rhode Island. 10
(4) "Communication technology" means an electronic device or process that: 11
(i) Allows simultaneous communication by sight and sound between a notary public and a 12
remotely located individual; and 13
(ii) When necessary and consistent with other applicable law, facilitates communication 14
with a remotely located individual who has a vision, hearing, or speech impairment by providing 15
reasonable accommodations. 16
(4)(5) "Electronic" means relating to technology having electrical, digital, magnetic, 17
wireless, optical, electromagnetic, or similar capabilities. 18
(5)(6) "Electronic signature" means an electronic symbol, sound, or process attached to, or 19
logically associated with, a record and executed or adopted by an individual with the intent to sign 20
the record. 21
(7) "Foreign state" means a jurisdiction other than the United States, a state, territory, or a 22
federally recognized Indian tribe. 23
(8) "Identity proofing" means a process or service by which a third person provides a notary 24
public with a means to verify the identity of a remotely located individual by a review of personal 25
information from public or private data sources. 26
(6)(9) "In a representative capacity" means acting as: 27
(i) An authorized officer, agent, partner, trustee, or other representative for a person other 28
than an individual; 29
(ii) A public officer, personal representative, guardian, or other representative, in the 30
capacity stated in a record; 31
(iii) An agent or attorney-in-fact for a principal; or 32
(iv) An authorized representative of another in any other capacity. 33
(7)(10) "Notarial act" means an act, whether performed with respect to a tangible or 34

LC003255/SUB B - Page 3 of 9
electronic record, that a notarial officer may perform under the law of this state. The term includes 1
taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or 2
affirmation, witnessing or attesting a signature, certifying or attesting a copy, noting a protest of a 3
negotiable instrument and transact, do and finish all matters and things relating to protests and 4
protesting bills of exchange and promissory notes, and all other matters within their office required 5
by law, take depositions as prescribed by law, and acknowledgments of deeds and other 6
instruments. 7
(8)(11) "Notarial officer" me