SB 12 — REVISED UNIFORM LAW ON NOTARIAL ACTS

a l i a e r 20 (1) the notary public:

a t m m 21 (a) has personal knowledge of the d r e 22 identity of the individual pursuant to Subsection A of Section c e s k 23 6 of the Revised Uniform Law on Notarial Acts;

e a n b 24 (b) has satisfactory evidence of the u [ identity of the remotely located individual by oath or .220592.1 - 6 - SJC/SB 12 affirmation from a credible witness appearing before the notary public pursuant to Subsection B of Section 6 of the Revised Uniform Law on Notarial Acts or this section;

(2) the notary public is able to reasonably confirm that a record before the notary public is the same SJC/SB 12 Page 6 record in which the remotely located individual made a statement or on which the individual executed a signature;

1) is to be filed with e t 17 or relates to a matter before a public official or court, w l n d 18 governmental entity or other entity subject to the jurisdiction = = 19 of the United States;

or 2) involves property located in the a l i a e r 20 territorial jurisdiction of the United States or involves a a t m m 21 transaction substantially connected with the United States;

and d r e 22 (b) the act of making the statement or c e s k 23 signing the record is not prohibited by the foreign state in e a n b 24 which the remotely located individual is located.

u [ D.

If a notarial act is performed pursuant to this .220592.1 - 7 - SJC/SB 12 section, the certificate of notarial act required by Section 15 of the Revised Uniform Law on Notarial Acts and the short-form certificate provided in Section 15 of the Revised Uniform Law on Notarial Acts shall indicate that the notarial act was performed using communication technology.

A short-form certificate provided pursuant to Section 15 of the Revised Uniform Law on Notarial Acts for a SJC/SB 12 Page 7 notarial act subject to this section is sufficient if it:

A notary public, a guardian, a conservator or an agent of a notary public or a personal representative of a e t 17 deceased notary public shall retain the audiovisual recording w l n d 18 created pursuant to Paragraph (3) of Subsection C of this = = 19 section or cause the recording to be retained by a repository a l i a e r 20 designated by or on behalf of the person required to retain the a t m m 21 recording.

Unless a different period is required by rule d r e 22 adopted pursuant to Paragraph (4) of Subsection H of this c e s k 23 section, the recording must be retained for a period of at e a n b 24 least ten years after the recording is made.

u [ G.

Before a notarial officer performs the notarial .220592.1 - 8 - SJC/SB 12 officer's initial notarial act with a remotely located individual under this section, the notarial officer shall notify the secretary of state that the notarial officer will be performing notarial acts with respect to remotely located individuals and identify the technologies the notarial officer intends to use.

If the secretary of state has established standards pursuant to Subsection H of this SJC/SB 12 Page 8 section and Section 26 of the Revised Uniform Law on Notarial Acts for approval of communication technology or identity proofing, the communication technology and identity proofing shall conform to the standards.

(1) prescribe the means of performing a e t 17 notarial act involving a remotely located individual using w l n d 18 communication technology;

= = 19 (2) establish standards for communication a l i a e r 20 technology and identity proofing;

a t m m 21 (3) establish requirements or procedures to d r e 22 approve providers of communication technology and the process c e s k 23 of identity proofing;

and e a n b 24 (4) establish standards and a period for the u [ retention of an audiovisual recording created pursuant to .220592.1 - 9 - SJC/SB 12 Paragraph (3) of Subsection C of this section.

(1) the most recent standards regarding the performance of a notarial act with respect to a remotely SJC/SB 12 Page 9 located individual promulgated by national standard-setting organizations and the recommendations of the national association of secretaries of state;

By allowing its communication technology or e t 17 identity proofing to facilitate a notarial act for a remotely w l n d 18 located individual or by providing storage of the audiovisual = = 19 recording created pursuant to Paragraph (3) of Subsection C of a l i a e r 20 this section, the provider of the communication technology, a t m m 21 identity proofing or storage appoints the secretary of state as d r e 22 the provider's agent for service of process in a civil action c e s k 23 in this state related to the notarial act.

e a n b 24 K.

u [ (1) "communication technology" means an .220592.1 - 10 - SJC/SB 12 electronic device or process that:

and (b) when necessary and consistent with other applicable law, facilitates communication with a SJC/SB 12 Page 10 remotely located individual who has a vision, hearing or speech impairment;

(3) "outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any e t 17 territory, insular possession or other location subject to the w l n d 18 jurisdiction of the United States;

and = = 19 (4) "remotely located individual" means an a l i a e r 20 individual who is not in the physical presence of the notarial a t m m 21 officer who performs a notarial act under Subsection C of this d r e 22 section.

c e s k 23 SECTION 6.

[NEW MATERIAL] IDENTIFICATION OF INDIVIDUAL.-- e a n b 24 A.

A notarial officer has personal knowledge of the u [ identity of an individual appearing before the officer if the .220592.1 - 11 - SJC/SB 12 individual is personally known to the officer through dealings sufficient to provide reasonable certainty that individual has the identity claimed.

SJC/SB 12 Page 11 (1) by means of:

or e t 17 (2) by a verification on oath or affirmation w l n d 18 of a credible witness personally appearing before the officer, = = 19 who is unrelated to and unaffected by the document or a l i a e r 20 transaction, and known to the officer and whom the officer can a t m m 21 identify on the basis of a passport, driver's license or d r e 22 government-issued nondriver identification card, which is c e s k 23 current or expired not more than one year before performance of e a n b 24 the notarial act.

u [ C.

A notarial officer may require an individual to .220592.1 - 12 - SJC/SB 12 provide additional information or identification credentials necessary to assure the officer of the identity of the individual.

[NEW MATERIAL] AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACTS.-- A.

A notarial officer may refuse to perform a SJC/SB 12 Page 12 notarial act if the officer is not satisfied that:

In accordance with the Human Rights Act, a notary public or notarial officer shall not discriminate in the e t 17 performance of a notarial act pursuant to the Revised Uniform w l n d 18 Law on Notarial Acts.

= = 19 SECTION 8.

[NEW MATERIAL] SIGNATURE IF INDIVIDUAL IS a l i a e r 20 UNABLE TO SIGN.--If an individual is physically unable to sign a t m m 21 a record, the individual may direct an individual other than d r e 22 the notarial officer to sign the individual's name on the c e s k 23 record.

The notarial officer shall insert "Signature affixed e a n b 24 by (name of other individual) at the direction of (name of u [ individual)" or words of similar import.

.220592.1 - 13 - SJC/SB 12 SECTION 9.

[NEW MATERIAL] NOTARIAL ACTS IN THIS STATE.-- A.

SJC/SB 12 Page 13 (3) a court clerk or deputy court clerk of this state while performing a notarial act within the scope of a court clerk's or deputy court clerk's duties;

e t 17 B.

The signature and title of an individual w l n d 18 performing a notarial act in this state are prima facie = = 19 evidence that the signature is genuine and that the individual a l i a e r 20 holds the designated title.

a t m m 21 C.

The signature and title of a notarial officer d r e 22 described in Subsection A of this section conclusively c e s k 23 establish the authority of the officer to perform the notarial e a n b 24 act.

An official stamp is required if the laws of this state u [ require an official stamp.

.220592.1 - 14 - SJC/SB 12 SECTION 10.

[NEW MATERIAL] NOTARIAL ACT IN ANOTHER STATE.-- A.

A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by a notarial officer or other individual authorized by the law of that state to perform the notarial act.

The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

C.

The signature and title of a notarial officer described in Subsection A of this section conclusively establish the authority of the officer to perform the notarial act.

An official stamp is required if the laws of this state require an official stamp.

SECTION 10.

NOTARIAL ACT IN ANOTHER STATE.-- A.

A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by a notarial officer or other SJC/SB 12 Page 14 individual authorized by the law of that state to perform the notarial act.

B.

An official stamp is required if the laws of this state e t 17 require an official stamp.

w l n d 18 SECTION 11.

[NEW MATERIAL] NOTARIAL ACT UNDER THE = = 19 AUTHORITY OF A FEDERALLY RECOGNIZED INDIAN TRIBE.-- a l i a e r 20 A.

A notarial act performed under the authority and a t m m 21 in the jurisdiction of a federally recognized Indian tribe has d r e 22 the same effect as if performed by a notarial officer of this c e s k 23 state, if the act performed in the jurisdiction of the tribe is e a n b 24 performed by a notarial officer or other individual authorized u [ by the law of the tribe to perform the notarial act.

.220592.1 - 15 - SJC/SB 12 B.

SJC/SB 12 Page 15 C.

[NEW MATERIAL] NOTARIAL ACT UNDER FEDERAL AUTHORITY.-- A.

e t 17 (1) a judge;

w l n d 18 (2) a court clerk or deputy court clerk;

= = 19 (3) an individual in military service or a l i a e r 20 performing duties under the authority of military service who a t m m 21 is authorized to perform notarial acts under federal law;

d r e 22 (4) an individual designated a notarizing c e s k 23 officer by the United States department of state for performing e a n b 24 notarial acts overseas;

or u [ (5) any other individual authorized by federal .220592.1 - 16 - SJC/SB 12 law to perform the notarial act.

The signature and title of an officer described SJC/SB 12 Page 16 in Subsection A of this section conclusively establish the authority of the officer to perform the notarial act.

[NEW MATERIAL] FOREIGN NOTARIAL ACTS.-- A.

If the title of office and indication of e t 17 authority to perform notarial acts in a foreign state appears w l n d 18 in a digest of foreign law or in a list customarily used as a = = 19 source for that information, the authority of an officer with a l i a e r 20 that title to perform notarial acts is conclusively a t m m 21 established.

d r e 22 C.

The signature and official stamp of an c e s k 23 individual holding an office described in Subsection B of this e a n b 24 section are prima facie evidence that the signature is genuine u [ and the individual holds the designated title.

.220592.1 - 17 - SJC/SB 12 D.

An apostille in the form prescribed by the Hague Convention of October 5, 1961 and issued by a foreign state party to the Hague Convention of October 5, 1961 conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated SJC/SB 12 Page 17 office.

[NEW MATERIAL] CERTIFICATE OF NOTARIAL ACT.-- A.

(1) be executed contemporaneously with the e t 17 performance of the notarial act;

w l n d 18 (2) be signed and dated by the notarial = = 19 officer and, if the notarial officer is a notary public, be a l i a e r 20 signed in the same manner as on file with the secretary of a t m m 21 state;

d r e 22 (3) identify the jurisdiction in which the c e s k 23 notarial act is performed;

e a n b 24 (4) contain the title of office of the u [ notarial officer;

.220592.1 - 18 - SJC/SB 12 (5) if the notarial officer is a notary public, indicate the notary public's commission number and the date of expiration of the notarial officer's commission;

(6) identify the judicial district or area SJC/SB 12 Page 18 served if the notarial officer is a judge, court clerk or deputy court clerk;

If a notarial act is performed regarding a tangible record by a notarial officer e t 17 other than a notary public and the certificate contains the w l n d 18 information specified in Paragraphs (2), (3), (4), (5), (6) and = = 19 (7) of Subsection A of this section, an official stamp shall be a l i a e r 20 affixed to or embossed on the certificate.

If a notarial act a t m m 21 regarding an electronic record is performed by a notarial d r e 22 officer and the certificate contains the information specified c e s k 23 in Paragraphs (2), (3), (4), (5), (6) and (7) of Subsection A e a n b 24 of this section, an official stamp shall be attached to or u [ logically associated with the certificate.

.220592.1 - 19 - SJC/SB 12 C.

A certificate of a notarial act is sufficient if it meets the requirements of Subsections A and B of this SJC/SB 12 Page 19 section and:

By executing a certificate of a notarial act, a e t 17 notarial officer certifies that the officer has complied with w l n d 18 the requirements and made the determinations specified in = = 19 Sections 4, 5 and 6 of the Revised Uniform Law on Notarial a l i a e r 20 Acts.

a t m m 21 E.

A notarial officer shall not affix the officer's d r e 22 signature to, or logically associate it with, a certificate c e s k 23 until after the notarial act has been performed.

e a n b 24 F.

If a notarial act is performed regarding a u [ tangible record, a certificate shall be part of, or securely .220592.1 - 20 - SJC/SB 12 attached to, the record.

If a notarial act is performed SJC/SB 12 Page 20 regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record.

[NEW MATERIAL] SHORT-FORM CERTIFICATES.--The following short-form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by Subsections A and B of Section 14 of the Revised Uniform Law on Notarial Acts:

State of ________________________________________ [County] of ___________________________________ This record was acknowledged before me on ________ e t 17 Date w l n d 18 by _______________________.

= = 19 Name(s) of individual(s) a l i a e r 20 __________________________________ a t m m 21 Signature of notarial officer d r e 22 Stamp c e s k 23 [__________________________________] e a n b 24 Title of office u [ [New Mexico state bar identification number, judicial districtSJC/SB .220592.112 -Page 21 -district SJC/SB 12 or area, county or notary public commission number and date of commission expiration:

__________________________________ Signature of notarial officer Stamp [__________________________________] e t 17 Title of office w l n d 18 [New Mexico state bar identification number, judicial district = = 19 or area, county served or notary public commission number and a l i a e r 20 date of commission expiration:

a t m m 21 C.

d r e 22 State of _________________________________________ c e s k 23 [County] of ______________________________________ e a n b 24 Signed and sworn to (or affirmed) before me on ________ u [ Date .220592.1 - 22 - SJC/SB 12 Page 22 by ________________________.

State of _________________________________________ [County] of ______________________________________ Signed (or attested) before me on ________ by Date e t 17 ________________________.

w l n d 18 Name(s) of individual(s) = = 19 __________________________________ a l i a e r 20 Signature of notarial officer a t m m 21 Stamp d r e 22 [__________________________________] c e s k 23 Title of office e a n b 24 [New Mexico state bar identification number, judicial district u [ or area, county served or notary public commission number and .220592.1 - 23 - SJC/SB 12 Page 23 date of commission expiration:

[NEW MATERIAL] OFFICIAL STAMP.--The official e t 17 stamp of a notarial officer shall:

w l n d 18 A.

include the notarial officer's name, = = 19 jurisdiction and New Mexico state bar identification number if a l i a e r 20 the notary public is licensed to practice law in this state, a t m m 21 judicial district or area served if the notarial officer is a d r e 22 judge, court clerk or deputy court clerk, county if the c e s k 23 notarial officer is a county clerk or deputy county clerk or e a n b 24 notary public commission number and date of commission u [ expiration and other information required by the secretary of .220592.1 - 24 - SJC/SB 12 Page 24 state;

[NEW MATERIAL] STAMPING DEVICE.-- A.

On resignation from, or the revocation or expiration of, the notary public's commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner that e t 17 renders it unusable.

On the death or adjudication of w l n d 18 incompetency of a notary public, the notary public's personal = = 19 representative or guardian or any other person knowingly in a l i a e r 20 possession of the stamping device shall render it unusable by a t m m 21 destroying, defacing, damaging, erasing or securing it against d r e 22 use in a manner that renders it unusable.

c e s k 23 B.

If a notary public's stamping device is lost or e a n b 24 stolen, the notary public or the notary public's personal u [ representative or guardian shall promptly notify the secretary .220592.1 - 25 - SJC/SB 12 Page 25 of state on discovering that the device is lost or stolen.

[NEW MATERIAL] JOURNAL.-- A.

If the journal is maintained on a tangible medium, it must be a permanent, bound e t 17 register with numbered pages.

If the journal is maintained in w l n d 18 an electronic format, it must be in a permanent, tamper-evident = = 19 electronic format complying with the rules of the secretary of a l i a e r 20 state.

a t m m 21 C.

An entry in a journal must be made d r e 22 contemporaneously with performance of the notarial act and c e s k 23 contain the following information:

e a n b 24 (1) the date and time of the notarial act;

u [ (2) a description of the record, if any, and .220592.1 - 26 - SJC/SB 12 Page 26 type of notarial act;

Pursuant to the requirements provided in e t 17 Subsections B and C of this section, a notarial officer w l n d 18 licensed to practice law in this state shall maintain a journal = = 19 when performing notarial acts for members of the public a l i a e r 20 unrelated to an established attorney-client relationship.

a t m m 21 F.

On resignation from, or the revocation or d r e 22 suspension of, a notary public's commission, the notary public c e s k 23 shall retain the notary public's journal in accordance with e a n b 24 Subsection A of this section and inform the secretary of state uSJC/SB [12 Page 27 of where the journal is located.

.220592.1 - 27 - SJC/SB 12 G.

[NEW MATERIAL] NOTIFICATION REGARDING PERFORMANCE OF NOTARIAL ACT ON ELECTRONIC RECORD--SELECTION OF TECHNOLOGY.-- A.

A notary public or notarial officer shall select one or more tamper-evident technologies to perform notarial e t 17 acts with respect to electronic records.

A person may not w l n d 18 require a notary public or notarial officer to perform a = = 19 notarial act with respect to an electronic record with a a l i a e r 20 technology that the notary public has not selected.

a t m m 21 B.

Before performing the notary public's or d r e 22 notarial officer's initial notarial act with respect to an c e s k 23 electronic record, a notary public or notarial officer shall e a n b 24 notify the secretary of state that the notary public will be u [ performing notarial acts with respect to electronic records andSJC/SB .220592.112 -Page 28 -and SJC/SB 12 identify the technology the notary public intends to use.

[NEW MATERIAL] COMMISSION AS NOTARY PUBLIC QUALIFICATIONS--NO IMMUNITY OR BENEFIT.-- A.

e t 17 (2) be a citizen or permanent legal resident w l n d 18 of the United States;

= = 19 (3) be a resident of or have a place of a l i a e r 20 employment in this state;

a t m m 21 (4) be able to read and write English;

d r e 22 (5) not be disqualified to receive a c e s k 23 commission under Section 22 of the Revised Uniform Law on e a n b 24 Notarial Acts;

uSJC/SB [12 Page 29 (6) have passed the examination required .220592.1 - 29 - SJC/SB 12 pursuant to Subsection A of Section 21 of the Revised Uniform Law on Notarial Acts;

The assurance must be issued by a surety or other entity licensed or authorized to do business in e t 17 this state.

The assurance must cover acts performed during the w l n d 18 term of the notary public's commission and must be in the form = = 19 prescribed by the secretary of state.

If a notary public a l i a e r 20 violates law with respect to notaries public in this state, the a t m m 21 surety or issuing entity is liable under the assurance.

The d r e 22 surety or issuing entity shall give thirty days notice to the c e s k 23 secretary of state before canceling the assurance.

The surety e a n b 24 or issuing entity shall notify the secretary of state notSJC/SB later12 uPage [30 not later than thirty days after making a payment to a claimant under the .220592.1 - 30 - SJC/SB 12 assurance.

A notary public may be reappointed upon making an application in the same manner as required for an original e t 17 application.

w l n d 18 SECTION 21.

[NEW MATERIAL] EXAMINATION OF NOTARY PUBLIC = = 19 AND NOTARIAL OFFICERS--CONTINUING LEGAL EDUCATION a l i a e r 20 REQUIREMENTS.-- a t m m 21 A.

An applicant for a commission as a notary public d r e 22 who does not hold a commission in this state is required to c e s k 23 pass an examination administered by the secretary of state or e a n b 24 an entity approved by the secretary of state.

The examination u [ will be based on the course of study described in SubsectionSJC/SB B12 .220592.1Page - 31 -Subsection SJC/SBB 12 of this section.

[NEW MATERIAL] GROUNDS TO DENY, REFUSE TO RENEW, REVOKE, SUSPEND OR CONDITION COMMISSION OF NOTARY PUBLIC.-- A.

The state ethics commission may deny, refuse to e t 17 renew, revoke, suspend or impose a condition on a commission as w l n d 18 notary public for any act or omission that demonstrates that = = 19 the individual lacks the honesty, integrity, competence or a l i a e r 20 reliability to act as a notary public, including:

a t m m 21 (1) failure to comply with the Revised Uniform d r e 22 Law on Notarial Acts;

c e s k 23 (2) a fraudulent, dishonest or deceitful e a n b 24 misstatement or omission in the application for a commission as u [ a notary public submitted to the state ethics commission;

.220592.1 - 32 - SJC/SB 12 (3) a conviction of the applicant or notary SJC/SB 12 Page 32 public of any felony or a crime involving fraud, dishonesty or deceit during the term of the notary public's commission or during the five years immediately preceding such term;

e t 17 (7) violation by the notary public of a rule w l n d 18 of the secretary of state regarding a notary public;

= = 19 (8) denial, refusal to renew, revocation, a l i a e r 20 suspension or conditioning of a notary public commission in a t m m 21 another state;

d r e 22 (9) failure of the notary public to maintain c e s k 23 an assurance as provided in Subsection D of Section 20 of the e a n b 24 Revised Uniform Law on Notarial Acts;

or u [ (10) if the individual ceases to be a resident .220592.1 - 33 - SJC/SB 12 of this state or ceases to be employed in this state.

SJC/SB 12 Page 33 B.

[NEW MATERIAL] DATABASE OF NOTARIES PUBLIC.--PUBLIC.--The The secretary of state shall maintain an electronic database of notaries public providing the following:

indication of whether a notary public has e t 17 notified the secretary of state that the notary public will be w l n d 18 performing notarial acts on electronic records.

= = 19 SECTION 24.

[NEW MATERIAL] PROHIBITED ACTS.-- a l i a e r 20 A.

A commission as a notary public does not a t m m 21 authorize an individual to:

d r e 22 (1) assist persons in drafting legal records, c e s k 23 give legal advice or otherwise practice law;

e a n b 24 (2) act as an immigration consultant or an u [ expert on immigration matters;

.220592.1 - 34 - SJC/SB 12 (3) represent a person in a judicial or SJC/SB 12 Page 34 administrative proceeding relating to immigration to the United States, United States citizenship or related matters;

If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a e t 17 record, including broadcast media, print media and the w l n d 18 internet, the notary public shall include the following = = 19 statement or an alternate statement authorized or required by a l i a e r 20 the secretary of state, in the advertisement or representation, a t m m 21 prominently and in each language used in the advertisement or d r e 22 representation:

"I am not an attorney licensed to practice law c e s k 23 in this state.

I am not allowed to draft legal records, e a n b 24 give advice on legal matters, including immigration, or charge u [ a fee for those SJC/SB 12 Page 35 activities.".

If the form of advertisement or .220592.1 - 35 - SJC/SB 12 representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, the statement shall be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

or e t 17 (4) use the title of notary public or official w l n d 18 stamp to endorse, promote, denounce or oppose any product, = = 19 service, contest, candidate or other offering.

a l i a e r 20 G.

a t m m 21 (1) make or deliver a certificate of notarial d r e 22 act containing statements that the notarial officer knows to be c e s k 23 false;

or e a n b 24 (2) knowingly perform a notarial act for an u [ individual who does not comply with Section 6 of the Revised .220592.1 - 36 - SJC/SB 12 Page 36 Uniform Law on Notarial Acts.

[NEW MATERIAL] VALIDITY OF NOTARIAL ACTS.--ACTS.--Except Except as otherwise provided in Subsection B of Section 3 of e t 17 the Revised Uniform Law on Notarial Acts, the failure of a w l n d 18 notarial officer to perform a duty or meet a requirement = = 19 specified in the Revised Uniform Law on Notarial Acts does not a l i a e r 20 invalidate a notarial act performed by the notarial officer.

a t m m 21 The validity of a notarial act under the Revised Uniform Law on d r e 22 Notarial Acts does not prevent an aggrieved person from seeking c e s k 23 to invalidate the record or transaction that is the subject of e a n b 24 the notarial act or from seeking other remedies based on law of u [ this state other than the Revised Uniform Law on Notarial ActsSJC/SB .220592.112 -Page 37 -Acts SJC/SB 12 or law of the United States.

[NEW MATERIAL] RULES.-- A.

(3) include provisions to ensure integrity in e t 17 the creation, transmittal, storage or authentication of w l n d 18 electronic records or signatures;

= = 19 (4) prescribe the process of granting, a l i a e r 20 renewing, conditioning, denying, suspending or revoking a a t m m 21 notary public commission and assuring the trustworthiness of an d r e 22 individual holding a commission as notary public;

c e s k 23 (5) include provisions to prevent fraud or e a n b 24 mistake in the performance of notarial acts;

uSJC/SB [12 Page 38 (6) establish the process for approving and .220592.1 - 38 - SJC/SB 12 accepting surety bonds and other forms of assurance pursuant to Subsection D of Section 20 of the Revised Uniform Law on Notarial Acts;

In adopting, amending or repealing rules about notarial acts with respect to electronic records, the secretary e t 17 of state shall consider, so far as is consistent with the w l n d 18 Revised Uniform Law on Notarial Acts:

= = 19 (1) the most recent standards regarding a l i a e r 20 electronic records promulgated by national bodies, such as the a t m m 21 national association of secretaries of state;

d r e 22 (2) standards, practices and customs of other c e s k 23 jurisdictions that substantially enact the Revised Uniform Law e a n b 24 on Notarial Acts;

and uSJC/SB [12 Page 39 (3) the views of governmental officials and .220592.1 - 39 - SJC/SB 12 entities and other interested persons.

[NEW MATERIAL] NOTARY PUBLIC COMMISSION IN EFFECT.-- A.

A notary public or notarial officer, in e t 17 performing notarial acts after the effective date of the w l n d 18 Revised Uniform Law on Notarial Acts, shall comply with the = = 19 Revised Uniform Law on Notarial Acts.

a l i a e r 20 SECTION 28.

[NEW MATERIAL] FEES.-- a t m m 21 A.

A notary public or notarial officer may charge d r e 22 the maximum fee specified in this section, charge less than the c e s k 23 maximum fee or waive the fee.

e a n b 24 B.

An employer shall not establish fees for u [ notarial services that are in excess of those specified in thisSJC/SB .220592.112 -Page 40 -this SJC/SB 12 section nor on the attributes of the principal as delineated.

(1) the notary public and the person e t 17 requesting the notarial act agree upon the travel fee in w l n d 18 advance of the travel;

and = = 19 (2) the notary public explains to the person a l i a e r 20 requesting the notarial act that the travel fee is separate a t m m 21 from the notarial fees and not mandated by law.

d r e 22 E.

In addition to the fees prescribed in c e s k 23 Subsections C and D of this section, a notary public may charge e a n b 24 a technology fee not to exceed twenty-five dollars ($25.00)SJC/SB or12 uPage [41 ($25.00) or other amount established by rule by the secretary of state per .220592.1 - 41 - SJC/SB 12 notarial act performed with respect to an electronic record.

[NEW MATERIAL] INSPECTION OF PUBLIC RECORDS ACT COMPLIANCE.-- A.

[NEW MATERIAL] SAVING CLAUSE.--The Revised e t 17 Uniform Law on Notarial Acts does not affect the validity or w l n d 18 effect of a notarial act performed before the effective date of = = 19 a l the Revised Uniform Law on Notarial Acts.

i a e r 20 SECTION 31.

[NEW MATERIAL] UNIFORMITY OF APPLICATION AND a t m m 21 CONSTRUCTION.--In applying and construing the Revised Uniform d r e 22 Law on Notarial Acts, consideration shall be given to the need c e s k 23 to promote uniformity of the law with respect to its subject eSJC/SB a12 nPage b42 24 matter among states that enact it.

u [ SECTION 32.

[NEW MATERIAL] RELATION TO FEDERAL ELECTRONIC .220592.1 - 42 - SJC/SB 12 SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.--The Revised Uniform Law on Notarial Acts modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C.

e t 17 (1) the Campaign Reporting Act;

w l n d 18 (2) the Financial Disclosure Act;

= = 19 (3) the Gift Act;

a l i a e r 20 (4) the Lobbyist Regulation Act;

a t m m 21 (5) the Voter Action Act;

d r e 22 (6) the Governmental Conduct Act;

c e s k 23 (7) the Procurement Code;

eSJC/SB a12 nPage b43 24 (8) the State Ethics Commission Act;

[and] u [ (9) the Revised Uniform Law on Notarial Acts;

.220592.1 - 43 - SJC/SB 12 and [(9)] (10) Article 9, Section 14 of the constitution of New Mexico.

If the commission decides not to act on a complaint, whether the complaint was filed with the commission or forwarded from another public agency, or decides only to act on part of a complaint, the commission shall promptly forward the complaint, or any part of a complaint on which it does not wish to act, to the public agency that has appropriate e t 17 jurisdiction within ten days of the decision.

The complainant w l n d 18 and respondent shall be notified in writing when the = = 19 complainant's request has been forwarded to another agency a l i a e r 20 unless otherwise provided pursuant to Subsection H of Section a t m m 21 [10 of the State Ethics Commission Act] 10-16G-10 NMSA 1978.

d r e 22 E.

The commission may share jurisdiction with otherSJC/SB c12 ePage s44 kother 23 public agencies having authority to act on a complaint or any e a n b 24 aspect of a complaint.

Such shared jurisdiction shall be u [ formalized through an agreement entered into by all .220592.1 - 44 - SJC/SB 12 participating agencies involved with the complaint and the director.

Any original instrument of writing duly e t 17 acknowledged may be filed and recorded.

Any instrument of w l n d 18 writing not duly acknowledged may not be filed and recorded or = = 19 considered of record, though so entered, unless otherwise a l i a e r 20 provided in this section.

a t m m 21 B.

For purposes of this section, "acknowledged" d r e 22 means notarized by a person empowered to perform notarial acts cSJC/SB e12 sPage k45 23 pursuant to the [Notary Public Act or the] Revised Uniform Law e a n b 24 on Notarial Acts.

u [ C.

The following documents need not be acknowledged .220592.1 - 45 - SJC/SB 12 but may be filed and recorded:

(7) surveys of land that do not create a e t 17 division of land but only show existing tracts of record when w l n d 18 filed by a professional surveyor pursuant to Section 61-23-28.2 = = 19 NMSA 1978;

a l i a e r 20 (8) certified copies of foreign wills, a t m m 21 marriages or birth certificates duly authenticated;

and d r e 22 (9) instruments of writing in any manner c e s k 23 affecting lands in the state filed pursuant to Section 14-9-7 eSJC/SB a12 nPage b46 24 NMSA 1978, when these instruments have been duly executed by an u [ authorized public officer.

.220592.1 - 46 - SJC/SB 12 D.

(1) provide the name, [phone] telephone number and mailing address of the affiant;

(4) include a statement that the duplicate is e t 17 a true and correct copy of the original instrument;

and w l n d 18 (5) be acknowledged and made under oath = = 19 confirming that the statements set forth in the affidavit are a l i a e r 20 true and correct and of the personal knowledge of the affiant.

a t m m 21 E.

The filing of a duplicate instrument in d r e 22 accordance with Subsection D of this section shall not incur a c e s k 23 fee in addition to the fee, if any, charged for filing an eSJC/SB a12 nPage b47 24 original instrument.

When the clerk records the instrument, u [ the grantor and grantee shall be those of the duplicate .220592.1 - 47 - SJC/SB 12 instrument and the name of the affiant shall be indexed under miscellaneous information.

REPEAL.--Sections 14-12A-1 through 14-12A-26 and 14-14-1 through 14-14-11 NMSA 1978 (being Laws 2003, Chapter 286, Sections 1 through 26 and Laws 1993, Chapter 281, e t 17 Sections 1 through 11) are repealed.

w l n d 18 SECTION 37.

APPLICABILITY.--The provisions of this act = = 19 a l apply to notarial acts performed in this state on and after i a e r 20 January 1, 2022.

a t m m 21 SECTION 38.

EFFECTIVE DATE.--The effective date of the d r e 22 provisions of this act is January 1, 2022.

cSJC/SB e12 sPage k 23 - 48 -25 e a n b 24 u [ .220592.1