In this year’s Notary legislative and regulatory session, the most common trend was focusing on technology issues affecting Notaries. Several states introduced new laws authorizing remote notarization or tackling other technology related issues such as electronic documents and in-person electronic notarizations. Other states increased the maximum fees Notaries can charge, and one state, Colorado, now allows interpreters to be used during notarizations for hearing-impaired signers. Read more about these new state Notary laws below.
New 2022 Notary technology laws
Continuing a trend from 2021, Delaware, District of Columbia, Maine, North Carolina, Rhode Island and Vermont enacted laws permitting remote notarizations this year. 2022 forever shifted the discussion from the “haves” — the jurisdictions with a remote notarization statute — to the “have nots” — the jurisdictions without one. The states now that have not enacted a remote notarization statute are California, Connecticut, Georgia, Massachusetts, Mississippi, and South Carolina.
Two states amended their remote notarization laws. Florida updated its laws to clarify procedures for registering, performing and recording remote notarial acts. Maryland also enacted a bill to further clarify rules for performing remote notarizations.
While these legislative enactments were certainly noteworthy, there were many additional jurisdictions that adopted permanent rules for in-person electronic notarization, remote notarization, or both. These include: Arizona, District of Columbia, Florida, Hawaii, Idaho, Kansas, Louisiana, New Jersey, South Carolina, and West Virginia.
Higher fees for Maryland and Rhode Island Notaries
In addition to new remote notarization laws, Maryland and Rhode Island significantly raised the maximum fees their Notaries may charge. For traditional pen-and-paper notarizations and notarizations of multiple copies of records, Maryland increased the fee Notaries may charge from $4 to $6. More significantly, Maryland raised the maximum fee for remote notarizations from $4 to $25. Rhode Island Notaries may now charge up to $25 for both traditional and remote notarizations.
Colorado now allows interpreters for hearing-impaired signers
Prior to this year, only Arizona and Mississippi allowed notaries to use interpreters for communicating with a signer during a notarization. Colorado adopted a new administrative rule this year allowing an interpreter to be used for a signer who is deaf, hearing impaired or deafblind (affected by a combination of hearing and vision loss). The interpreter must be certified to perform sign language interpretation and cannot have a disqualifying interest in the notarization.
You can find the latest information on state Notary laws and administrative rules in the NNA’s searchable New Notary Laws database.
David Thun is the Assistant Managing Editor with the National Notary Association.
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