Updated 3-15-18. Apart from Texas and Nevada, 9 other states have considered webcam notarization bills this year. So far, the legislatures in 5 states (Colorado, Indiana, Kentucky, Maryland and Missouri) did not enact their webcam proposals, and 4 (Minnesota, Nebraska, Oklahoma and Pennsylvania) are still considering them.
Webcam notarization allows the signer to personally appear before the Notary using video and audio technology over the internet. Most states require the signer to be in the Notary’s physical presence at the time of the notarization.
With so much activity surrounding webcam notarization, it is gaining momentum across the country. In an interview with National Public Radio, NNA Vice President of Government Affairs Bill Anderson described it as “the Notary issue of the year.”
The Texas Webcam Bill
Texas House Bill 1217 goes into effect on July 1, 2018, and requires Notaries or Notary applicants to apply to become an “Online Notary Public” in order to perform webcam notarizations.
HB 1217 requires online Notaries to verify the identity of signers either through personal knowledge or a multi-factor method that includes:
- The presentation of a government-issued ID card, such as a driver’s license or passport, that includes a photograph and signature;
- A third-party analysis of the ID that verifies it is valid; and
- A third-party identity-proofing of the signer, such as knowledge-based authentication (KBA). With KBA, the individual must answer in a short period of time a series of randomly selected questions related to their personal histories that only they would know.
Among other provisions, the Texas law also:
- Requires the online notarial certificate to state whether the signer appeared before the Notary in person or remotely and to note that the notarization was performed online;
- Permits an online Notary or their employer to charge a maximum fee of $25 per online notarization; and
- Requires the online Notary to keep a secure, electronic recording of all online notarizations for at least 5 years.
Unlike Virginia and Montana, the Texas law does not require online Notaries to make and store an audio-video recording of each online notarization. However, Texas’ identity-proofing requirements are more robust.
Between now and the effective date, the Texas Secretary of State’s Office will publish rules fleshing out the application process for becoming an online Notary. This story will be updated when the rules are available.
The Nevada Webcam Bill
Nevada’s Assembly Bill 413, which also goes into effect on July 1, 2018, is the most detailed and substantive webcam measure to date. It also includes provisions from the NNA-authored Model Electronic Notarization Act, published earlier this year.
The Nevada bill requires Notaries to register as an electronic Notary in order to perform webcam notarizations. It also requires first-time electronic Notaries to pass a training course.
In addition, AB 413:
- Removes the requirement for a separate, $10,000 bond to be an electronic Notary;
- Requires electronic Notaries to verify the identity of online signers using methods similar to those in the Texas law;
- Requires the electronic notarial certificate to note that the notarization was performed online;
- Requires the Notary to electronically record each online notarization and keep the recording in a secure manner for 7 years;
- Requires the eNotary to keep a secure electronic journal entry for each electronic notarization and keep the journal for 7 years after they stop being an eNotary;
- Specifically authorizes eNotaries to remotely notarize electronic wills; and
- Allows the eNotary to charge a maximum of $25 per electronic notarization.
Webcam Notarizations And Electronic Wills
While the electronic will provision was a main feature in Nevada’s webcam notarization bill, a number of states this year considered standalone electronic will measures that included online notarization provisions.
In Florida, an electronic will measure has passed the legislature and is awaiting the governor’s signature. Currently, Florida permits certain law enforcement and correctional officers to administer oaths using electronic means.
New Hampshire also is considering an eWill measure. However, similar bills failed to be enacted in Arizona, Indiana and Virginia.
Michael Lewis is Managing Editor of member publications for the National Notary Association.