Committee adopts substitute to narrow remote notarization procedures and delay effective date

The Civil Rights & Judiciary Committee unanimously reported substitute House Bill 2158 out of committee on Friday, with one member excused. The substitute narrows the allowable procedures for remote notarization of tangible records, clarifies language by adding the term "tangible," and delays the bill's effective date to Jan. 1, 2027 to give the Department of Licensing time for rulemaking.

Committee staff said the bill adopts Uniform Law Commission updates relating to notarial acts performed on behalf of remotely located individuals and that two proposed substitutes (including H-2776 and H-2937) incorporate similar clarifications. One substitute removes alternative procedures so that only a single acceptable procedure remains for confirming that the record before a notary is the same tangible record to which the remotely located individual made a statement or executed a signature. The second substitute delays the effective date to "01/01/2027" and makes a technical cross-reference correction.

Representative Abel urged adoption, saying changes from stakeholder input (including the Court Reporters Association) improved the bill's implementation. Representative Vintaman said the revisions respond to public testimony and will help guard against nefarious activity while supporting effective implementation and Department of Licensing rulemaking.

The committee took an oral vote. Staff announced, "There are 12 ayes, 0 nays, and 1 excused vote." The committee reported the substitute out of committee with a due-pass recommendation.

The substitute requires follow-up work with the Department of Licensing on implementing rules and procedures before the new effective date.