SECURE Notarization Act of 2023

12/15/2023, 3:54 PM

Summary of Bill HR 1059

Bill 118 HR 1059, also known as the SECURE Notarization Act of 2023, aims to modernize and streamline the notarization process in the United States. The bill seeks to allow notaries to perform remote online notarizations, which would enable individuals to have their documents notarized without physically being present with the notary.

The bill outlines specific requirements for remote online notarizations, including the use of secure technology to verify the identity of the individual seeking notarization. It also establishes guidelines for the storage and retention of electronic notarization records to ensure security and authenticity.

Additionally, the SECURE Notarization Act of 2023 includes provisions to protect against fraud and misuse of remote online notarization services. Notaries would be required to undergo training and certification to perform remote online notarizations, and there would be penalties for notaries who engage in fraudulent activities. Overall, the bill aims to make the notarization process more convenient and accessible for individuals while maintaining the integrity and security of notarized documents. It seeks to bring notarization practices in line with modern technology and provide a framework for the use of remote online notarizations in a secure and reliable manner.

Congressional Summary of HR 1059

Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023 or the SECURE Notarization Act of 2023

This bill allows a notary public commissioned under state law to remotely notarize electronic records and perform notarizations for remotely located individuals. The bill provides technical requirements for the notarizations, including the creation and retention of video and audio recordings and the use of communication technologies (i.e., video chat).

Additionally, the bill requires U.S. courts and states to recognize notarizations—including remote notarizations of electronic records and notarizations of remotely-located individuals—that occur in or affect interstate commerce and are performed by a notary public commissioned under the laws of other states.

The bill also allows a notary public to remotely notarize electronic records involving an individual located outside of the United States, subject to certain requirements.

Current Status of Bill HR 1059

Bill HR 1059 is currently in the status of Bill Introduced since February 17, 2023. Bill HR 1059 was introduced during Congress 118 and was introduced to the House on February 17, 2023.  Bill HR 1059's most recent activity was Received in the Senate and Read twice and referred to the Committee on the Judiciary. as of February 28, 2023

Bipartisan Support of Bill HR 1059

Total Number of Sponsors
1
Democrat Sponsors
0
Republican Sponsors
1
Unaffiliated Sponsors
0
Total Number of Cosponsors
60
Democrat Cosponsors
44
Republican Cosponsors
16
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 1059

Primary Policy Focus

Law

Potential Impact Areas

Computers and information technologyEvidence and witnessesFederal preemptionGovernment ethics and transparency, public corruptionGovernment information and archivesIntergovernmental relationsJudicial procedure and administrationState and local government operations

Alternate Title(s) of Bill HR 1059

SECURE Notarization Act of 2023SECURE Notarization Act of 2023Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023SECURE Notarization Act of 2023Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023To authorize notaries public to perform, and to establish minimum standards for, electronic notarizations and remote notarizations that occur in or affect interstate commerce, to require any Federal court to recognize notarizations performed by a notarial officer of any State, to require any State to recognize notarizations performed by a notarial officer of any other State when the notarization was performed under or relates to a public Act, record, or judicial proceeding of the notarial officer's State or when the notarization occurs in or affects interstate commerce, and for other purposes.
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