SHB 2158
SignedHouse
Electronic notarial acts
Concerning electronic notarial acts.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill updates Washington’s notary laws to allow notaries to perform notarial acts remotely using secure video technology, such as Zoom or similar platforms. It sets standards for verifying identity, recording sessions, and handling documents that aren’t physically present—aligning Washington with national best practices for electronic notarization.
- Allows Washington state notaries to perform notarial acts (like acknowledgments, oaths, and signatures) remotely using real-time audiovisual communication technology.
- Requires notaries to verify the identity of remotely located individuals using one of three methods: personal knowledge, a credible witness, or two different types of identity proofing services.
- Mandates that notaries (or their agents) create and retain an audiovisual recording of the entire remote notarial act for at least 10 years.
- Allows notarization of documents that are not physically present if the signer signs the document and a special declaration during the video call, then mails the signed documents to the notary within 3 days.
- Sets conditions for notarizing documents for people located outside the United States, including requiring the document to relate to U.S. matters or property, and ensuring the act is not illegal in the signer’s country.
Who is affected
- Electronic records notaries public — Notaries public who are authorized to perform notarial acts remotely using communication technology, and who must follow new identity verification, recording, and retention rules.
- Residents and individuals seeking notarization — People who need documents notarized but cannot be physically present with a notary—such as those living out of state, overseas, or with mobility or disability challenges.
- Businesses and government agencies — Businesses, banks, and government agencies that rely on properly executed notarized documents for legal validity, especially in real estate, estate planning, or cross-jurisdictional transactions.
- Technology and identity verification providers — Technology providers that supply communication tools or identity verification services used in remote notarization; they must comply with state standards and may be subject to legal liability in Washington.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Enables notarization for people with mobility, disability, or transportation challenges—including seniors, people with disabilities, and rural residents—without requiring travel, thereby improving equitable access to essential legal services.
Public SafetyPeopleRef: Sec. 1(3) & (8)Facilitates remote execution of real estate documents (e.g., deeds, mortgages, leases) by allowing digital signing followed by mail-in execution, reducing delays and barriers for homebuyers, renters, and low-income households navigating housing transactions.
HousingPeopleRef: Sec. 1(5) & (6)Supports cross-border business and estate planning by allowing notarization of U.S.-related documents for signers abroad—benefiting small businesses, immigrant families, and individuals managing U.S. property or legal matters from overseas.
Business & EmploymentPeopleRef: Sec. 1(3)(d)(i)(A)-(B)Improves access to notarization for students, educators, and families in remote or underserved areas by eliminating geographic barriers—especially valuable for rural schools, homeschooling networks, and college students managing legal documents away from home.
EducationLean peopleRef: Sec. 1(3)(a)(i)-(ii)Standardizes remote notarization procedures and requires clear certification that communication technology was used, enhancing document reliability and reducing disputes over validity—benefiting courts, title companies, and individuals relying on notarized documents.
Public SafetyLean peopleRef: Sec. 1(10)
Potential Concerns (5)
Mandates 10-year retention of full audiovisual recordings of notarial sessions, including sensitive personal interactions and document displays, creating new data retention obligations and potential privacy risks if recordings are mishandled, leaked, or subpoenaed without consent.
privacyRef: Sec. 1(3)(c) & (11)Requires notaries to use at least two different types of identity proofing services, which may increase costs for notaries (especially sole proprietors or small firms) and create dependency on third-party vendors whose services may not be free or low-cost, potentially limiting access for low-income notaries.
Business & EmploymentRef: Sec. 1(3)(a)(iii) & (13)(b)-(c)Allows remote signing followed by mailing of documents within 3 days, creating a window for tampering, loss, or fraud between the time the signer mails the document and the notary receives it—potentially undermining document integrity and increasing risk of identity theft or forgery.
Public SafetyRef: Sec. 1(5)(a)(ii)Permits notarization for individuals outside the U.S. only if the act is not prohibited by the foreign country’s law, but provides no mechanism for notaries to verify compliance with foreign law—potentially exposing signers to legal risk in their home jurisdictions or exposing notaries to liability for unknowingly facilitating illegal acts.
Rights & LibertiesRef: Sec. 1(3)(d)(ii)Shifts oversight and rulemaking authority to the Secretary of State’s office, requiring new administrative capacity to register remote notaries, approve technologies, and enforce record-retention rules—potentially straining state resources without dedicated funding, though the fiscal impact is described as minimal.
Local GovernmentRef: Sec. 1(13)(e)
Who Is Most Affected
Low-income individuals, seniors, and people with disabilities benefit significantly: they gain reliable, accessible legal service access without transportation or mobility barriers. This is a clear positive impact.
Rural residents and remote workers gain meaningful access to notarization services previously unavailable due to distance. This reduces reliance on travel or third-party services, improving efficiency and autonomy.
Small businesses and sole proprietors benefit from faster, cheaper document processing—especially in real estate and estate planning—but may face new costs for identity verification tools and recording retention systems.
Technology and identity verification providers gain new market opportunities but must comply with state standards and potential liability exposure as agents for service of process. This is a net positive for providers with scalable solutions.
State and local government agencies benefit from streamlined document processing and reduced delays in legal filings, but may face modest administrative costs in oversight and rule implementation.