Bill Text: HI SB562 | 2019 | Regular Session | Introduced
Bill Title: Relating To Notaries Public.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-24 - Referred to JDC. [SB562 Detail]
Download: Hawaii-2019-SB562-Introduced.html
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THE SENATE |
S.B. NO. |
562 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to notaries public.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that electronic communications make it possible to perform notarial acts by new means. Some of the earliest transactions governed by law are notarial acts performed by words inscribed on paper with manual signatures and physical impressions of notarial seals. However, technology has advanced and audio and visual communications between individuals performed by electronic means are increasingly replacing in-person communications, just as electronic records are increasingly replacing paper documents. The legislature further finds that the public will benefit from the use of modern technology to obtain notarial services; provided that consumer protections are in place to protect against incidents of fraud.
The purpose of this Act is to permit notaries public to perform notarial acts utilizing electronic documents with electronic signatures and seals, without the necessity of the notary public and the individual requesting the notarial services being in the same physical location; provided that the notary and the individual can communicate with each other simultaneously by sight and sound by means of communication technology.
SECTION 2. Chapter 456, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§456- Notarial acts performed for remotely located individual. (a) For purposes of this section, the following definitions shall apply:
"Communication technology" means an electronic device or process that:
(1) Allows a notary public and a remotely
located individual to communicate with each other simultaneously by sight and
sound; and
(2) When necessary and consistent with other
applicable law, facilitates communication with a remotely located individual
who has a vision, hearing, or speech impairment.
"Foreign
state" means a jurisdiction other than the United States, a state, or a
federally recognized Indian tribe.
"Identity
proofing" means a process or service by which a third person provides a
notary public with a means to verify the identity of a remotely located individual
by a review of personal information from public or private data sources.
"Outside
the United States" means a location outside the geographic boundaries of
the United States, Puerto Rico, the United States Virgin Islands, and any
territory, insular possession, or other location subject to the jurisdiction of
the United States.
"Remotely
located individual" means an individual who is not in the physical
presence of the notary public who performs a notarial act under this section.
(b) A remotely located individual may comply with
this section by using communication technology to appear before a notary
public.
(c) A notary public located in this State may
perform a notarial act using communication technology for a remotely located
individual if:
(1) The notary public:
(A) Has personal knowledge of the individual as
defined in this chapter;
(B) Has satisfactory evidence of the identity
of the remotely located individual by oath or affirmation from a credible
witness appearing before the notary public under this section; or
(C) Has obtained satisfactory evidence of the
identity of the remotely located individual by using at least two different
types of identity proofing;
(2) The notary public is able to reasonably
confirm that a record before the notary public is the same record in which the
remotely located individual made a statement or on which the individual
executed a signature;
(3) The notary public, or a person acting on
behalf of the notary public, creates an audio visual recording of the
performance of the notarial act; and
(4) For a remotely located individual located
outside the United States:
(A) The record:
(i) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
(ii) The record involves property located in the
territorial jurisdiction of the United States or involves a transaction
substantially connected with the United States; and
(B) The act of making the statement or signing
the record is not prohibited by the foreign state in which the remotely located
individual is located.
(d) If a notarial act is performed under this
section, any certificate of notarial act required by this chapter must indicate
that the notarial act was performed using communication technology.
(e) A notary public, a guardian, conservator, or
agent of a notary public, or a personal representative of a deceased notary
public shall retain the audio visual recording created under this section or
cause the recording to be retained by a repository designated by or on behalf
of the person required to retain the recording.
Unless a different period is required by rule adopted under this
section, the recording shall be retained for a period of at least ten years
after the recording is made.
(f) Before a notary public performs the notary
public's initial notarial act under this section, the notary public shall
notify the attorney general that the notary public will be performing notarial
acts with respect to remotely located individuals and identify the technologies
the notary public intends to use. If the
attorney general has established standards under this section for approval of
communication technology or identity proofing, the communication technology and
identity proofing shall conform to the standards.
(g) In addition to adopting rules under this
section and pursuant to chapter 91, the attorney general may adopt rules
regarding performance of a notarial act involving a remotely located individual
using communication technology, including:
(1) Prescribing the means of performing a
notarial act involving a remotely located individual using communication
technology;
(2) Establishing standards for communication
technology and identity proofing;
(3) Establishing requirements or procedures to
approve providers of communication technology and the process of identity
proofing; and
(4) Establishing standards and a period for the
retention of an audio visual recording created under this section.
(h) Before adopting, amending, or repealing a
rule governing performance of a notarial act with respect to a remotely located
individual, the attorney general shall consider:
(1) The most recent standards regarding the
performance of a notarial act with respect to a remotely located individual
promulgated by national standard-setting organizations and the recommendations of
the National Association of Secretaries of State;
(2) The standards, practices, and customs of
other jurisdictions that have laws substantially similar to this section; and
(3) The views of governmental officials and
entities and other interested persons.
(i) By allowing its communication technology or
identity proofing to facilitate a notarial act for a remotely located individual
or by providing storage of the audio visual recording created under this
section, the provider of the communication technology, identity proofing, or
storage appoints the attorney general as the provider's agent for service of
process in any civil action in this state related to the notarial act."
SECTION 3. Section 456-1.6, Hawaii Revised Statutes, is amended by amending the definition of "personally knowing" to read as follows:
""Personally knowing" or
"personal knowledge" means having an acquaintance, derived from
association with the individual, which establishes the individual's identity
with at least a reasonable certainty."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Notaries Public; Notarial Acts; Remotely Located Individual; Attorney General
Description:
Authorizes notaries public to perform notarial acts utilizing electronic documents with electronic signatures, without the notary public and the individual requesting the notary services being in the same physical location; provided that certain conditions are met.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
