Bill Text: NJ A242 | 2020-2021 | Regular Session | Amended
Bill Title: Clarifies that persons may execute legal signatures through handwriting, electronic signing, or use of fingerprint, thumbprint, or other identifying mark.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2020-06-30 - Received in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [A242 Detail]
Download: New_Jersey-2020-A242-Amended.html
ASSEMBLY, No. 242
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
Co-Sponsored by:
Assemblyman Danielsen and Assemblywoman Murphy
SYNOPSIS
Clarifies that persons may execute legal signatures through handwriting, electronic signing, or use of fingerprint, thumbprint, or other identifying mark.
CURRENT VERSION OF TEXT
As amended by the General Assembly on February 24, 2020.
An Act concerning legal signatures, amending R.S.1:1-2, and supplementing Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.1:1-2 is amended to read as follows:
1:1-2. Unless it be otherwise expressly provided or there is something in the subject or context repugnant to such construction, the following words and phrases, when used in any statute and in the Revised Statutes, shall have the meaning herein given to them.
Affirmation; affirmed. See "Oath; sworn," infra, this section.
Assessor. The word "assessor," when used in relation to the assessment of taxes or water rents or other public assessments, includes all officers, boards or commissions charged with the duty of making such assessments, unless a particular officer, board or commission is specified.
Census. When used with reference to the population of this State, or of any subdivision thereof, the word "census" means the latest Federal census effective within this State.
Certified mail. The words "certified mail" include private express carrier service, provided that the private express carrier service provides confirmation of mailing. For purposes of this definition, confirmation of mailing may be by electronic means, and shall include, at a minimum, confirmation of fact of mail, time of mailing, date and time of delivery, attempted delivery, signature, or other similar information for confirmation or proof associated with the delivery service.
Collector. The word "collector," when used in relation to the collection of taxes or water rents or other public assessments, includes all officers charged with the duty of collecting such taxes, water rents or assessments, unless a particular officer is specified.
Folio; sheet. A sheet or folio shall consist of 100 words, and in all cases where an entry of any writing or copy is to be paid for, the sheet or folio shall consist of 100 words.
Gender. See "Number; gender," infra, this section.
General election. The words "general election" shall be taken to mean the annual election to be held on the first Tuesday after the first Monday in November and in any statute in which it is provided that any public officer shall be elected, or any public question shall be voted upon, at an election at which members of the General Assembly are to be voted for or elected, or words to that effect, shall be taken to mean, and shall be construed to be the equivalent of a provision, that said public officers shall be elected, or that said public question shall be voted upon, "at a general election."
He. "Number; gender," infra, this section.
Inhabitants. See "Population; inhabitants," infra, this section.
It. See "Number; gender," infra, this section.
Magistrate. The word "magistrate" includes any judge, municipal magistrate or officer or other person having the powers of a committing magistrate.
Masculine. See "Number; gender," infra, this section.
Month; year. The word "month" means a calendar month, and the word "year" means a calendar year.
Municipality; municipal corporation. The words "municipality" and "municipal corporation" include cities, towns, townships, villages and boroughs, and any municipality governed by a board of commissioners or an improvement commission.
Neuter. See "Number; gender," infra, this section.
Number; gender. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person or party and to females as well as males, and to bodies corporate as well as individuals, and to several matters and things as well as one matter or thing.
Oath; sworn. The word "oath" includes "affirmation;" and the word "sworn" includes "affirmed."
Other property. See "Property; other property," infra, this section.
Person. The word "person" includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State.
Personal property. "Personal property" includes goods and chattels, rights and credits, moneys and effects, evidences of debt, choses in action and all written instruments by which any right to, interest in, or lien or encumbrance upon, property or any debt or financial obligation is created, acknowledged, evidenced, transferred, discharged or defeated, in whole or in part, and everything except real property as herein defined which may be the subject of ownership.
Plural. See "Number; gender," supra, this section.
Population; inhabitants. The word "population," when used in any statute, shall be taken to mean the population as shown by the latest Federal census effective within this State, and shall be construed as synonymous with "inhabitants."
Property; other property. The words "property" and "other property," unless restricted or limited by the context to either real or personal property, includes both real and personal property.
Real estate; real property. The words "real estate" and "real property," include lands, tenements and hereditaments and all rights thereto and interests therein.
Registered mail. The words "registered mail" include "certified mail".
Revised Statutes. The words "Revised Statutes" mean the Revised Statutes of 1937, unless some other revision is expressly indicated or referred to.
Revision law. The words "Revision law" mean any statute which is expressed in its title or body to be a revision of any part of the statutory law.
She. See "Number; gender," supra, this section.
Sheet. See "Folio," supra, this section.
Ship. The word "Ship" includes vessels, steamers, canal boats and every boat or structure adapted to navigation or movement from place to place, upon the ocean, lakes, rivers or artificial waterways, either by its own power or otherwise.
Signature. The word "Signature" means 1[the proper handwriting of the person, except that if the person is unable to write because of a disability, the person may provide an identifying mark or a clear and classifiable fingerprint made electronically or with ink or another substance] a handwritten signature, an electronic signature authorized pursuant to the "Uniform Electronic Transactions Act," P.L.2001, c.116 (C.12A:12-1 et seq.), a fingerprint or thumbprint, or any other mark made on a document by a person who thereby intends to give legal effect to the document, including any mark that is made on a document on behalf of another person, with that person's authority and to effectuate that person's intent1 . Nothing in this paragraph shall be construed to permit the use of 1[an] a fingerprint, thumbprint, or other1 identifying mark 1[or fingerprint in lieu of a handwritten] for1 signature 1purposes1 if expressly prohibited by law, and nothing in this paragraph shall be construed to require any person to provide a fingerprint 1, thumbprint, or other identifying mark1 for signature purposes.
Singular. See "Number; gender," supra, this section.
State. The word "State" extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone.
Sworn. See "Oath; sworn," supra, this section.
Taxing district. The words "taxing district," when used in a law relating to the assessment or collection of taxes, assessments or water rates or water rents, include every political division of the State, less than a county, whose inhabitants, governing body or officers have the power to levy taxes, assessments or rates.
Territory. The word "territory" extends to and includes any territory or possession of the United States, the District of Columbia and the Canal Zone.
United States. The words "United States" extend to and include every State, territory and possession of the United States, the District of Columbia and the Canal Zone.
Year. See "Month; year," supra, this section.
(cf: P.L.2015, c.251, s.1)
2. (New section) Whenever a registrant is required to provide a signature for the purposes of this Title and the registrant is unable to write 1[because of a disability]1, the registrant may provide an identifying mark or a clear and classifiable fingerprint 1or thumbprint1 in such form as may be authorized by the Division of Elections in the Department of State 1, or may provide an electronic signature as authorized by the "Uniform Electronic Transactions Act," P.L.2001, c.116 (C.12A:12-1 et seq.), in lieu of a handwritten signature1. Nothing in this section shall be construed to require any registrant to provide a fingerprint1, thumbprint, or other identifying mark1 for signature purposes. 1[If a registrant who is unable to write declines to provide a fingerprint or other identifying mark for the purposes of verifying the person's identity for the purposes of this Title, the person's identity shall be verified as otherwise provided by law]1.
3. Each department, division, and agency in the State shall make available to the public, on its Internet website, information concerning the provisions of this act.
4. This act shall take effect immediately.
