Title 42, PUBLIC OFFICERS AND AGENCIES

(1) A notarial act may be performed in this state by: (a) A notary public of this state; (b) A judge, clerk, or deputy clerk of a court of this state; or (c) Any other individual authorized to perform the specific act by the law of this state. (2) The signature and title of an in…

(1) 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) A notary public of that state; (b) A judge, clerk, or deputy clerk of a court…

(1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by: (a) A notary public of t…

(1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by: (a) A judge, clerk, or deputy clerk of a court; (b) An individual in militar…

(1) In this section, "foreign state" means a government other than the United States, a state, or a federally recognized Indian tribe. (2) If a notarial act is performed under the authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is …

(1) A notarial act must be evidenced by a certificate. The certificate must: (a) Be executed contemporaneously with the performance of the notarial act; (b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner a…

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by RCW 42.45.130 (1) through (4) and 42.45.280: (1) For an acknowledgment in an individual capacity: State of ....... County of ....... Thi…

(1) It is unlawful for any person intentionally to manufacture, give, sell, procure, or possess a seal or stamp evidencing the current appointment of a person as a notary public until the director has issued a notary commission. The official seal or stamp of a notary public must …

(1) A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public's commission, or on the expirati…

(1) The director may establish by rule the maximum fees that may be charged by notaries public for various notarial services. (2) A notary public need not charge fees for notarial acts. [ 2017 c 281 s 19.]

(1) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal. The journal is …

(1) A notary public may not perform notarial acts with respect to electronic records unless the notary public holds a commission as an electronic records notary public. (2) An electronic records notary public may select one or more tamper-evident technologies to perform notarial …

(1) An individual qualified under subsection (2) of this section may apply to the director for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the director and pay any application fee. (2) An applicant …

(1) In addition to conduct defined as unprofessional under RCW 18.235.130, the director may take action as provided for in RCW 18.235.110 against a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or re…

The director shall maintain an electronic database of notaries public: (1) Through which a person may verify the authority of a notary public to perform notarial acts; and (2) Which indicates whether a notary public has notified the director that the notary public will be perform…

(1) A commission as a notary public does not authorize an individual to: (a) Assist persons in drafting legal records, give legal advice, or otherwise practice law; (b) Act as an immigration consultant or an expert on immigration matters; (c) Represent a person in a judicial or a…

Except as otherwise provided in RCW 42.45.020(2), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not p…

(1) The director may adopt rules necessary to implement this chapter. (2) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the director shall consider standards, practices, and customs of other jurisdictions that substantially enac…

A commission as a notary public in effect on July 1, 2018, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after July 1, 2018, is subject to and shall comply with this chapter. A notary public, in performing notar…

The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [ 2017 c 281 s 32.]

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Communication technology" means an electronic device or process that: (i) Allows an electronic records notary public and a remotely located individual to commu…

This chapter may be known and cited as the 2018 revised uniform law on notarial acts. [ 2019 c 154 s 6; 2017 c 281 s 1.] Notes: Effective date—2019 c 154: See note following RCW 42.45.280.

This chapter applies to a notarial act performed on or after July 1, 2018. [ 2017 c 281 s 3.]

This chapter does not affect the validity or effect of a notarial act performed before July 1, 2018. [ 2017 c 281 s 29.]

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [ 2017 c 281 s 30.]

This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the no…

This act takes effect July 1, 2018. [ 2017 c 281 s 44.]

For the purposes of this chapter, the following definitions apply: (1) "Individually identifiable" means that a record contains information which reveals or can likely be associated with the identity of the person or persons to whom the record pertains. (2) "Legally authorized re…

(1) A state agency may authorize or provide access to or provide copies of an individually identifiable personal record for research purposes if informed written consent for the disclosure has been given to the appropriate department secretary, or the president of the institution…

In addition to the copying charges provided in RCW 42.56.120, a state agency may impose a reasonable charge for costs incurred in providing assistance in the following research activities involving personal records: (1) Manual or computer screening of personal records for scienti…

No research professional who has established an individually identifiable research record from personal record information pursuant to RCW 42.48.020(2), or who has established a research record from data or information voluntarily provided by an agency client or employee under a …

Unauthorized disclosure, whether wilful or negligent, by a research professional who has obtained an individually identifiable personal record or record information from a state agency pursuant to RCW 42.48.020(2) is a gross misdemeanor. In addition, violation of any provision of…

Nothing in this chapter is applicable to, or in any way affects, the powers and duties of the state auditor or the joint legislative audit and review committee. [ 1996 c 288 s 34; 1985 c 334 s 6.]

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Agency" means any state board, commission, bureau, committee, department, institution, division, or tribunal in the legislative, executive, or judicial branch of sta…

(1) No state officer or state employee may have an interest, financial or otherwise, direct or indirect, or engage in a business or transaction or professional activity, or incur an obligation of any nature, that is in conflict with the proper discharge of the state officer's or …

(1) No state officer or state employee, except as provided in subsection (2) of this section, may have a beneficial interest in a contract, sale, lease, purchase, or grant that may be made by, through, or is under the supervision of the officer or employee, in whole or in part, o…

(1) Except in the course of official duties or incident to official duties, no state officer or state employee may assist another person, directly or indirectly, whether or not for compensation, in a transaction involving the state: (a) In which the state officer or state employe…

(1) No state officer or state employee may accept employment or engage in any business or professional activity that the officer or employee might reasonably expect would require or induce him or her to make an unauthorized disclosure of confidential information acquired by the o…

This chapter does not prevent a state officer or state employee from giving testimony under oath or from making statements required to be made under penalty of perjury or contempt. [ 1994 c 154 s 106.]

(1) Except as required to perform duties within the scope of employment, no state officer or state employee may use his or her position to secure special privileges or exemptions for himself or herself, or his or her spouse, child, parents, or other persons. (2) For purposes of t…

(1) No former state officer or state employee may, within a period of one year from the date of termination of state employment, accept employment or receive compensation from an employer if: (a) The officer or employee, during the two years immediately preceding termination of s…

This chapter shall not be construed to prevent a former state officer or state employee from rendering assistance to others if the assistance is provided without compensation in any form and is limited to one or more of the following: (1) Providing the names, addresses, and telep…

(1) The head of an agency, upon finding that any former state officer or state employee of such agency or any other person has violated any provision of this chapter or rules adopted under it, may, in addition to any other powers the head of such agency may have, bar or impose re…

No state officer or state employee may, directly or indirectly, ask for or give or receive or agree to receive any compensation, gift, reward, or gratuity from a source for performing or omitting or deferring the performance of any official duty, unless otherwise authorized by la…

(1) No state officer or state employee may receive any thing of economic value under any contract or grant outside of his or her official duties. The prohibition in this subsection does not apply where the state officer or state employee has met each of the following conditions: …

(1) No state officer or state employee may receive honoraria unless specifically authorized by the agency where they serve as state officer or state employee. (2) An agency may not permit honoraria under the following circumstances: (a) The person offering the honorarium is seeki…