The bill amends RCW 42.45.280 to enhance the framework for electronic notarial acts in Washington State. It introduces new definitions and provisions that allow electronic records notaries to perform notarial acts using communication technology for remotely located individuals. Key provisions include the requirement for notaries to verify the identity of individuals through personal knowledge, credible witnesses, or identity proofing, and the necessity of creating an audiovisual recording of the notarial act. Additionally, the bill specifies conditions under which notarial acts can be performed for individuals located outside the United States, ensuring compliance with both U.S. jurisdiction and the laws of the foreign state.

Significant insertions in the bill include the ability for electronic records notaries to take acknowledgments of signatures on tangible records presented via communication technology, as well as detailed procedures for the retention of audiovisual recordings. The bill also mandates that notaries notify the director of their intent to perform electronic notarial acts and comply with established standards for communication technology and identity proofing. The act is set to take effect on January 1, 2027.

Statutes affected:
Original bill: 42.45.280
Substitute bill: 42.45.280
Bill as passed Legislature: 42.45.280
Session law: 42.45.280