Bill > HB2158

This bill updates existing law regarding electronic notarial acts, allowing notaries public in Washington to perform notarial acts for individuals who are not physically present, referred to as "remotely located individuals," using communication technology, which is defined as any electronic device or process that allows simultaneous sight and sound communication and can assist individuals with impairments. The bill outlines specific requirements for these remote notarial acts, including how the notary must verify the individual's identity, confirm the record being notarized is the correct one, and create an audiovisual recording of the entire process. It also introduces new provisions for handling tangible records, allowing a notary to acknowledge a signature on a physical document if it's displayed and identified during the audiovisual recording, and if the individual signs both the tangible record and a declaration stating it's the same record notarized remotely, then sends both to the notary within three days. Furthermore, the bill clarifies how oaths and affirmations can be administered remotely and mandates that all notarial certificates indicate when communication technology was used, with the audiovisual recordings to be retained for at least ten years. The bill also allows the director to adopt rules for communication technology, identity proofing, and the retention of recordings, and establishes that providers of these services appoint the director as their agent for service of process in civil actions related to these notarial acts, with the new provisions taking effect on January 1, 2027.