The bill amends RCW 42.45.280 to enhance the framework for electronic notarial acts in Washington State, particularly focusing on the use of communication technology for notaries and remotely located individuals. Key provisions include the definition of terms such as "communication technology," "identity proofing," and "remotely located individual." The bill allows electronic records notaries to perform notarial acts using communication technology, provided they can verify the identity of the individual and create an audiovisual recording of the act. Notably, it introduces new provisions that permit notaries to take acknowledgments of signatures on tangible records presented via communication technology, as well as the requirement for the notary to retain audiovisual recordings for at least ten years.

Additionally, the bill outlines the responsibilities of electronic records notaries, including the need to notify the director of their intent to perform notarial acts and the technologies they will use. It also empowers the director to establish rules regarding the performance of notarial acts, including standards for communication technology and identity proofing. The act is set to take effect on January 1, 2027, and includes provisions for the appointment of the director as an agent for service of process related to notarial acts facilitated by technology providers.

Statutes affected:
Original bill: 42.45.280
Substitute bill: 42.45.280