This bill amends RCW 42.45.280 to allow an electronic records notary public in Washington to perform notarial acts for a remotely located individual using communication technology, subject to specified procedures and conditions. The amendment is a procedural change to notary law rather than the creation of a new crime or a change to criminal penalties. It requires the notary to verify the remotely located person's identity by personal knowledge, a credible witness under RCW 42.45.050(2), or at least two different types of identity proofing; to be reasonably able to confirm the record presented is the same record on which the person made a statement or signature; to create and retain an audiovisual recording of the notarial act; and to indicate on the notarial certificate that the act was performed using communication technology. The bill also permits administering oaths or affirmations by communication technology, sets procedures for handling tangible records that are not physically present (including signing during the audiovisual recording, sending the signed tangible record and a specified declaration to the notary within three days, and making the notarial act effective on the date of signing), requires notification to the director before the notary’s initial remote notarial act and identification of technologies to be used, gives the director rulemaking authority on standards and approvals (with specified considerations), requires retention of recordings generally for at least ten years unless rules set a different period, and designates the director as agent for service of process for technology, identity proofing, or storage providers in related civil actions. The act takes effect January 1, 2027. The text provides definitions for key terms used in the section: “communication technology,” “foreign state,” “identity proofing,” “outside the United States,” and “remotely located individual.” Affected parties identified include electronic records notary publics in Washington, remotely located individuals, the director (as the official responsible for notification and rulemaking), providers of communication technology, identity proofing services, and storage repositories, and certain guardians, conservators, agents, or personal representatives with retention responsibilities. Important context is missing from the extracted text: the identity or official title of “the director” referenced in the bill is not specified here; the definition or full statutory provisions for “electronic records notary public” are not included in these excerpts; the content of cross-referenced statutes and rules (for example RCW 42.45.250 and others cited) is not provided; and the declaration form referenced appears incomplete in the extract. These omissions make it unclear how some procedural details would interact with existing provisions not shown in the provided text.

If enacted, the bill lets Washington electronic records notaries perform notarizations over live audio-video for people who are not physically present, but requires the notary to verify the signer’s identity by personal knowledge, a credible witness, or at least two types of identity proofing, to make and keep an audiovisual recording (generally for at least ten years), to state on the notarial certificate that the act was done remotely, and to follow special steps when the document signed is a tangible paper item or when the signer is located outside the United States. Notaries must notify the director before their first remote notarial act and identify the technologies they plan to use, and providers of the enabling technology or storage must accept the director as agent for service of process in Washington. The people most affected are Washington electronic records notaries, who will gain the option to serve remote customers but will likely face new responsibilities, costs, and recordkeeping obligations for technology, identity proofing, audiovisual capture, and long-term retention, and could face legal exposure tied to the technology providers they use. Remote signers will have greater access to Washington notarial services, though out-of-country signers face limits tied to U.S. jurisdiction and foreign law. The director will need to write rules on standards and provider approval, but the bill excerpt does not identify who the director is, full definitions for “electronic records notary public,” or the detailed standards the director will adopt.