MD
Maryland Senate Bill SB317

Maryland 2022 Regular Session

Maryland Senate Bill SB317 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 715
21
3-– 1 –
4-Chapter 715
5-(Senate Bill 317)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0317*
89
9-State Government – Notarial Acts – Fees and Use of Communication Technology
10+SENATE BILL 317
11+N2, P1 2lr1877
12+ CF HB 663
13+By: Senators West and Waldstreicher
14+Introduced and read first time: January 20, 2022
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable
17+Senate action: Adopted
18+Read second time: February 17, 2022
1019
11-FOR the purpose of increasing the maximum fees for an original notarial act and, subject
12-to certain regulations, performance of a notarial act using communication
13-technology; repealing a certain prohibition on performing a notarial act using
14-communication technology with respect to a will or a trust; authorizing a notary
15-public to use communication technology to take an acknowledgement of a signature
16-remotely under certain circumstances; establishing certain requirements for a
17-notary public to confirm a record remotely; establishing the effective date of a
18-remotely signed declaration; authorizing a notary public to administer an oath of
19-affirmation to a remotely located individual under certain circumstances;
20-establishing that identity proofing and credential analysis are not required under
21-certain circumstances; authorizing the Secretary of State to prescribe by regulation
22-the methods for reasonable confirmation of a tangible record; establishing that
23-remote notarizations completed under certain executive orders are valid
24-notarizations; and generally relating to notarial act fees and the use of
25-communication technology.
20+CHAPTER ______
2621
27-BY repealing and reenacting, with amendments,
28- Article – State Government
29-Section 18–107, 18–214, 18–222(a), and 18–223(b) through (f)
30- Annotated Code of Maryland
31- (2021 Replacement Volume)
22+AN ACT concerning 1
3223
33- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
34-That the Laws of Maryland read as follows:
24+State Government – Notarial Acts – Fees and Use of Communication Technology 2
3525
36-Article – State Government
26+FOR the purpose of increasing the maximum fees for an original notarial act and, subject 3
27+to certain regulations, performance of a notarial act using communication 4
28+technology; repealing a certain prohibition on performing a notarial act using 5
29+communication technology with respect to a will or a trust; authorizing a notary 6
30+public to use communication technology to take an acknowledgement of a signature 7
31+remotely under certain circumstances; establishing certain requirements for a 8
32+notary public to confirm a record remotely; establishing the effective date of a 9
33+remotely signed declaration; authorizing a notary public to administer an oath of 10
34+affirmation to a remotely located individual under certain circumstances; 11
35+establishing that identity proofing and credential analysis are not required under 12
36+certain circumstances; authorizing the Secretary of State to prescribe by regulation 13
37+the methods for reasonable confirmation of a tangible record; establishing that 14
38+remote notarizations completed under certain executive orders are valid 15
39+notarizations; and generally relating to notarial act fees and the use of 16
40+communication technology. 17
3741
38-18–107.
42+BY repealing and reenacting, with amendments, 18
43+ Article – State Government 19
44+Section 18–107, 18–214, 18–222(a), and 18–223(b) through (f) 20
45+ Annotated Code of Maryland 21
46+ (2021 Replacement Volume) 22
47+ 2 SENATE BILL 317
3948
40- (a) (1) The Secretary of State shall adopt regulations to establish fees, not to
41-exceed [$4] $25 for an original notarial act, and an appropriate lesser amount for the
42-repetition of that original notarial act or to make a copy of the matter addressed by that
43-original notarial act.
4449
45- (2) A notary public or person acting on behalf of a notary public may charge
46-a fee, SUBJECT TO REGULATIO NS ADOPTED BY THE SECRETARY OF STATE, not to
47-exceed [$4] $50, for the performance of a notarial act under § 18–214 of this title.
48- Ch. 715 2022 LAWS OF MARYLAND
50+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51+That the Laws of Maryland read as follows: 2
4952
50-– 2 –
51- (b) (1) Subject to paragraph (2) of this subsection, a notary public may charge
52-the prevailing rate for mileage established by the Internal Revenue Service for business
53-travel per mile and a fee not to exceed $5, as compensation for travel required for the
54-performance of a notarial act.
53+Article – State Government 3
5554
56- (2) (i) The Secretary of State may set by regulation a different amount
57-that a notary public may charge under paragraph (1) of this subsection.
55+18–107. 4
5856
59- (ii) An amount set under subparagraph (i) of this paragraph may
60-exceed the amount established under paragraph (1) of this subsection.
57+ (a) (1) The Secretary of State shall adopt regulations to establish fees, not to 5
58+exceed [$4] $25 for an original notarial act, and an appropriate lesser amount for the 6
59+repetition of that original notarial act or to make a copy of the matter addressed by that 7
60+original notarial act. 8
6161
62-18–214.
62+ (2) A notary public or person acting on behalf of a notary public may charge 9
63+a fee, SUBJECT TO REGULATIO NS ADOPTED BY THE SECRETARY OF STATE, not to 10
64+exceed [$4] $50, for the performance of a notarial act under § 18–214 of this title. 11
6365
64- (a) [Except for a notarial act being performed with respect to a will, as defined in
65-§ 1–101 of the Estates and Trusts Article, or a trust instrument, as defined in § 14.5–103
66-of the Estates and Trusts Article, a] A notary public located in this State may perform a
67-notarial act using communication technology for a remotely located individual if:
66+ (b) (1) Subject to paragraph (2) of this subsection, a notary public may charge 12
67+the prevailing rate for mileage established by the Internal Revenue Service for business 13
68+travel per mile and a fee not to exceed $5, as compensation for travel required for the 14
69+performance of a notarial act. 15
6870
69- (1) the notary public:
71+ (2) (i) The Secretary of State may set by regulation a different amount 16
72+that a notary public may charge under paragraph (1) of this subsection. 17
7073
71- (i) has personal knowledge under § 18–206(a) of this subtitle of the
72-identity of the remotely located individual;
74+ (ii) An amount set under subparagraph (i) of this paragraph may 18
75+exceed the amount established under paragraph (1) of this subsection. 19
7376
74- (ii) has satisfactory evidence of the identity of the remotely located
75-individual by verification on oath or affirmation from a credible witness appearing before
76-and identified by the notary public under § 18–206(b) of this subtitle or as a remotely
77-located individual under this section; or
77+18–214. 20
7878
79- (iii) has obtained satisfactory evidence of the identity of the remotely
80-located individual by:
79+ (a) [Except for a notarial act being performed with respect to a will, as defined in 21
80+§ 1–101 of the Estates and Trusts Article, or a trust instrument, as defined in § 14.5–103 22
81+of the Estates and Trusts Article, a] A notary public located in this State may perform a 23
82+notarial act using communication technology for a remotely located individual if: 24
8183
82- 1. remote presentation of an identification credential
83-described in § 18–206(b) of this subtitle;
84+ (1) the notary public: 25
8485
85- 2. credential analysis of the identification credential; and
86+ (i) has personal knowledge under § 18–206(a) of this subtitle of the 26
87+identity of the remotely located individual; 27
8688
87- 3. identity proofing of the individual;
89+ (ii) has satisfactory evidence of the identity of the remotely located 28
90+individual by verification on oath or affirmation from a credible witness appearing before 29
91+and identified by the notary public under § 18–206(b) of this subtitle or as a remotely 30
92+located individual under this section; or 31
8893
89- (2) the notary public is reasonably able to confirm that a record before the
90-notary public is the same record in which the remotely located individual made a statement
91-or on which the individual executed a signature;
94+ (iii) has obtained satisfactory evidence of the identity of the remotely 32
95+located individual by: 33
96+ SENATE BILL 317 3
9297
93- (3) the notary public, or person acting on behalf and at the direction of the
94-notary public, creates an audio–visual recording of the performance of the notarial act; and
9598
96- (4) for a remotely located individual located outside the United States: LAWRENCE J. HOGAN, JR., Governor Ch. 715
99+ 1. remote presentation of an identification credential 1
100+described in § 18–206(b) of this subtitle; 2
97101
98-– 3 –
102+ 2. credential analysis of the identification credential; and 3
99103
100- (i) the record:
104+ 3. identity proofing of the individual; 4
101105
102- 1. is to be filed with or relates to a matter before a public
103-official or court, governmental entity, or other entity subject to the jurisdiction of the United
104-States; or
106+ (2) the notary public is reasonably able to confirm that a record before the 5
107+notary public is the same record in which the remotely located individual made a statement 6
108+or on which the individual executed a signature; 7
105109
106- 2. involves property located in the territorial jurisdiction of
107-the United States or involves a transaction substantially connected with the United States;
108-and
110+ (3) the notary public, or person acting on behalf and at the direction of the 8
111+notary public, creates an audio–visual recording of the performance of the notarial act; and 9
109112
110- (ii) the notary public has no actual knowledge that the act of making
111-the statement or signing the record is prohibited by the foreign state in which the remotely
112-located individual is located.
113+ (4) for a remotely located individual located outside the United States: 10
113114
114- (B) A NOTARY PUBLIC LOCATE D IN THIS STATE MAY USE COMMUNICATIO N
115-TECHNOLOGY UNDER SUBSECTION (A) OF THIS SECTION TO TAKE AN
116-ACKNOWLEDGEMENT OF A SIGNATURE ON A TANGI BLE RECORD THAT IS
117-PHYSICALLY PRESENT B EFORE THE NOTARY PUB LIC, IF THE RECORD IS DIS PLAYED
118-TO AND IDENTIFIED BY THE REMOTELY LOCATED INDIVIDUAL DURING TH E
119-AUDIO–VISUAL RECORDING UND ER SUBSECTION (A)(3) OF THIS SECTION.
115+ (i) the record: 11
120116
121- (C) THE REQUIREMENT UNDER SUBSECTION (A)(2) OF THIS SECTION FOR
122-THE PERFORMANCE O F A NOTARIAL ACT WITH RESPECT TO A TA NGIBLE RECORD
123-NOT PHYSICALLY PRESE NT BEFORE THE NOTARY PUBLIC IS SATISFIED IF:
117+ 1. is to be filed with or relates to a matter before a public 12
118+official or court, governmental entity, or other entity subject to the jurisdiction of the United 13
119+States; or 14
124120
125- (1) THE REMOTELY LOCATED INDIVIDUAL:
121+ 2. involves property located in the territorial jurisdiction of 15
122+the United States or involves a transaction substantially connected with the United States; 16
123+and 17
126124
127- (I) SIGNS, DURING THE AUDIO –VISUAL RECORDING UND ER
128-SUBSECTION (A)(3) OF THIS SECTION:
125+ (ii) the notary public has no actual knowledge that the act of making 18
126+the statement or signing the record is prohibited by the foreign state in which the remotely 19
127+located individual is located. 20
129128
130- 1. THE TANGIBLE R ECORD; AND
129+ (B) A NOTARY PUBLIC LOCATE D IN THIS STATE MAY USE COMMUNICATIO N 21
130+TECHNOLOGY UNDER SUBSECTION (A) OF THIS SECTION TO TAKE AN 22
131+ACKNOWLEDGEMENT OF A SIGNATURE ON A TANGI BLE RECORD THAT IS 23
132+PHYSICALLY PRESENT B EFORE THE NOTARY PUB LIC, IF THE RECORD IS DIS PLAYED 24
133+TO AND IDENTIFIED BY THE REMOTELY LOCATED INDIVIDUAL DURING TH E 25
134+AUDIO–VISUAL RECORDING UND ER SUBSECTION (A)(3) OF THIS SECTION. 26
131135
132- 2. A DECLARATION THAT I S PART OF OR SECUREL Y
133-ATTACHED TO THE RECORD ; AND
136+ (C) THE REQUIREMENT UNDER SUBSECTION (A)(2) OF THIS SECTION FOR 27
137+THE PERFORMANCE O F A NOTARIAL ACT WITH RESPECT TO A TA NGIBLE RECORD 28
138+NOT PHYSICALLY PRESE NT BEFORE THE NOTARY PUBLIC IS SATISFIED IF: 29
134139
135- (II) SENDS THE TANGIBLE R ECORD AND DECLARATIO N TO THE
136-NOTARY PUBLIC NOT LA TER THAN 3 DAYS AFTER THE NOTAR IAL ACT WAS
137-PERFORMED ; AND
140+ (1) THE REMOTELY LOCATED INDIVIDUAL: 30
138141
139- (2) THE NOTARY PUBLIC :
140- Ch. 715 2022 LAWS OF MARYLAND
142+ (I) SIGNS, DURING THE AUDIO –VISUAL RECORDING UND ER 31
143+SUBSECTION (A)(3) OF THIS SECTION: 32
144+ 4 SENATE BILL 317
141145
142-– 4 –
143- (I) RECORDS THE INDIVIDUA L SIGNING THE RECORD AND
144-DECLARATION I N THE AUDIO–VISUAL RECORDING UND ER SUBSECTION (A)(3) OF
145-THIS SECTION; AND
146146
147- (II) AFTER RECEIPT OF THE TANGIBLE RECORD AND
148-DECLARATION FROM THE INDIVIDUAL, EXECUTES A CERTIFICA TE OF NOTARIAL ACT
149-REQUIRED BY § 18–215 OF THIS SUBTITLE WHI CH MUST INCLUDE A ST ATEMENT
150-SUBSTANTIALLY IN THE FOLLOWING FORM :
147+ 1. THE TANGIBLE R ECORD; AND 1
151148
152- I (NAME OF NOTARY PUBLI C) WITNESSED, BY MEANS OF COMMUNIC ATION
153-TECHNOLOGY , (NAME OF REMOTELY LOC ATED INDIVIDUAL ) SIGN THE ATTACHED
154-RECORD AND DECLARATI ON ON (DATE).
149+ 2. A DECLARATION THAT I S PART OF OR SECUREL Y 2
150+ATTACHED TO THE RECORD ; AND 3
155151
156- (D) A DECLARATION SUBSTANTIALLY IN THE FOLLOWING FOR M SATISFIES
157-THE REQUIREMENTS OF SUBSECTION (C)(1)(I)2 OF THIS SECTION:
152+ (II) SENDS THE TANGIBLE R ECORD AND DECLARATIO N TO THE 4
153+NOTARY PUBLIC NOT LA TER THAN 3 DAYS AFTER THE NOTAR IAL ACT WAS 5
154+PERFORMED ; AND 6
158155
159- I DECLARE UNDER THE PE NALTY OF PERJURY THA T THE RECORD OF WHIC H
160-THIS DECLARATION IS A PART OR TO WHICH I T IS ATTACHED IS THE SAME RECORD
161-ON WHICH (NAME OF NOTARY PUBLI C), A NOTARY PUBLIC , PERFORMED A NOTARIAL
162-ACT AND BEFORE WHOM I APPEARED BY MEANS OF COMMUNICATION TECHNO LOGY
163-ON (DATE).
156+ (2) THE NOTARY PUBLIC : 7
164157
165-______________________
166-SIGNATURE OF REMOTELY LOCATED INDIVIDUAL
158+ (I) RECORDS THE INDIVIDUA L SIGNING THE RECORD AND 8
159+DECLARATION I N THE AUDIO–VISUAL RECORDING UND ER SUBSECTION (A)(3) OF 9
160+THIS SECTION; AND 10
167161
168-______________________
169-PRINTED NAME OF THE R EMOTELY LOCATED INDI VIDUAL
162+ (II) AFTER RECEIPT OF THE TANGIBLE RECORD AND 11
163+DECLARATION FROM THE INDIVIDUAL, EXECUTES A CERTIFICA TE OF NOTARIAL ACT 12
164+REQUIRED BY § 18–215 OF THIS SUBTITLE WHI CH MUST INCLUDE A ST ATEMENT 13
165+SUBSTANTIALLY IN THE FOLLOWING FORM : 14
170166
171- (E) A NOTARIAL ACT PERFORM ED IN COMPLIANCE WIT H SUBSECTION (C)
172-OF THIS SECTION COMPLIES WITH THE REQUIREMENTS OF SUBSECTION (A)(2) OF
173-THIS SECTION AND IS EFFECTIVE ON THE DATE THE REMOTEL Y LOCATED
174-INDIVIDUAL SIGNED TH E DECLARATION UNDER SUBSECTION (D) OF THIS SECTION.
167+ I (NAME OF NOTARY PUBLI C) WITNESSED, BY MEANS OF COMMUNIC ATION 15
168+TECHNOLOGY , (NAME OF REMOTELY LOC ATED INDIVIDUAL ) SIGN THE ATTACHED 16
169+RECORD AND DECLARATI ON ON (DATE). 17
175170
176- (F) SUBSECTION (C) OF THIS SECTION DOES NOT PRECLUDE US E OF
177-ANOTHER PROCEDURE TO SATISFY THE REQUIREMENTS OF SUBSECTION (A)(2) OF
178-THIS SECTION FOR A NOTARIAL ACT P ERFORMED WITH RESPEC T TO A TANGIBLE
179-RECORD.
171+ (D) A DECLARATION SUBSTANTIALLY IN THE FOLLOWING FOR M SATISFIES 18
172+THE REQUIREMENTS OF SUBSECTION (C)(1)(I)2 OF THIS SECTION: 19
180173
181- (G) A NOTARY PUBLIC LOCATE D IN THIS STATE MAY USE COMMUNI CATION
182-TECHNOLOGY UNDER SUBSECTION (A) OF THIS SECTION TO ADMINISTER AN OAT H
183-OR AFFIRMATION TO A REMOTELY LOCATED IND IVIDUAL IF, EXCEPT AS OTHERWISE
184-PROVIDED BY OTHER LA W OF THIS STATE, THE NOTARY PUBLIC : LAWRENCE J. HOGAN, JR., Governor Ch. 715
174+ I DECLARE UNDER THE PE NALTY OF PERJURY THA T THE RECORD OF WHIC H 20
175+THIS DECLARATION IS A PART OR TO WHICH I T IS ATTACHED IS THE SAME RECORD 21
176+ON WHICH (NAME OF NOTARY PUBLI C), A NOTARY PUBLIC , PERFORMED A NOTARIAL 22
177+ACT AND BEFORE WHOM I APPEARED BY MEANS OF COMMUNICATION TECHNO LOGY 23
178+ON (DATE). 24
185179
186-– 5 –
180+______________________ 25
181+SIGNATURE OF REMOTELY LOCATED INDIVIDUAL 26
187182
188- (1) IDENTIFIES THE INDIV IDUAL UNDER SUBSECTION (A)(1) OF THIS
189-SECTION;
183+______________________ 27
184+PRINTED NAME OF THE R EMOTELY LOCATED INDI VIDUAL 28
190185
191- (2) CREATES OR CAUSES THE CREATION UNDER SUBSECTION (A)(3)
192-OF THIS SECTION OF AN AUDIO–VISUAL RECORDING OF THE INDIVIDUAL TAKIN G
193-THE OATH OR AFFIRMAT ION; AND
186+ (E) A NOTARIAL ACT PERFORM ED IN COMPLIANCE WIT H SUBSECTION (C) 29
187+OF THIS SECTION COMPLIES WITH THE REQUIREMENTS OF SUBSECTION (A)(2) OF 30
188+THIS SECTION AND IS EFFECTIVE ON THE DATE THE REMOTEL Y LOCATED 31
189+INDIVIDUAL SIGNED TH E DECLARATION UNDER SUBSECTION (D) OF THIS SECTION. 32 SENATE BILL 317 5
194190
195- (3) RETAINS OR CAUSES TH E RETENTION OF SUCH AUDIO–VISUAL
196-RECORDING UNDER SUBSECTION (J) OF THIS SECTION.
197191
198- [(b)] (H) If a notarial act is performed under subsection (a) of this section, the
199-certificate of notarial act required by § 18–215 of this subtitle must indicate that the
200-notarial act involved a remotely located individual and was performed using
201-communication technology.
202192
203- [(c)] (I) A short–form certificate provided in § 18–216 of this subtitle for a
204-notarial act performed under subsection (a) of this section is sufficient if it:
193+ (F) SUBSECTION (C) OF THIS SECTION DOES NOT PRECLUDE US E OF 1
194+ANOTHER PROCEDURE TO SATISFY THE REQUIREMENTS OF SUBSECTION (A)(2) OF 2
195+THIS SECTION FOR A NOTARIAL ACT P ERFORMED WITH RESPEC T TO A TANGIBLE 3
196+RECORD. 4
205197
206- (1) complies with any regulations adopted under § 18–222 of this subtitle;
207-or
198+ (G) A NOTARY PUBLIC LOCATE D IN THIS STATE MAY USE COMMUNI CATION 5
199+TECHNOLOGY UNDER SUBSECTION (A) OF THIS SECTION TO ADMINISTER AN OAT H 6
200+OR AFFIRMATION TO A REMOTELY LOCATED IND IVIDUAL IF, EXCEPT AS OTHERWISE 7
201+PROVIDED BY OTHER LA W OF THIS STATE, THE NOTARY PUBLIC : 8
208202
209- (2) contains a statement substantially as follows: “This notarial act
210-involved a remotely located individual and the use of communication technology.”.
203+ (1) IDENTIFIES THE INDIV IDUAL UNDER SUBSECTION (A)(1) OF THIS 9
204+SECTION; 10
211205
212- [(d)] (J) (1) A notary public, a guardian, a conservator, or an agent of a
213-notary public or a personal representative of a deceased notary public shall:
206+ (2) CREATES OR CAUSES THE CREATION UNDER SUBSECTION (A)(3) 11
207+OF THIS SECTION OF AN AUDIO–VISUAL RECORDING OF THE INDIVIDUAL TAKIN G 12
208+THE OATH OR AFFIRMAT ION; AND 13
214209
215- (i) retain the audio–visual recording created under subsection (a)(3)
216-of this section; or
210+ (3) RETAINS OR CAUSES TH E RETENTION OF SUCH AUDIO–VISUAL 14
211+RECORDING UNDER SUBSECTION (J) OF THIS SECTION. 15
217212
218- (ii) cause the audio–visual recording to be retained by a repository
219-designated by or on behalf of the person required to retain the recording.
213+ [(b)] (H) If a notarial act is performed under subsection (a) of this section, the 16
214+certificate of notarial act required by § 18–215 of this subtitle must indicate that the 17
215+notarial act involved a remotely located individual and was per formed using 18
216+communication technology. 19
220217
221- (2) A guardian, a conservator, or an agent of a notary public or personal
222-representative of a deceased notary public who assumes authority over audio–visual
223-recordings created under subsection (a)(3) of this section shall:
218+ [(c)] (I) A short–form certificate provided in § 18–216 of this subtitle for a 20
219+notarial act performed under subsection (a) of this section is sufficient if it: 21
224220
225- (i) notify the Secretary of State within 30 days after assuming
226-authority; and
221+ (1) complies with any regulations adopted under § 18–222 of this subtitle; 22
222+or 23
227223
228- (ii) comply with all requirements in this subtitle regarding the
229-maintenance and storage of the audio–visual recordings.
230- Ch. 715 2022 LAWS OF MARYLAND
224+ (2) contains a statement substantially as follows: “This notarial act 24
225+involved a remotely located individual and the use of communication technology.”. 25
231226
232-– 6 –
233- (3) Unless a different period is required by regulations adopted under
234-§ 18–222 of this subtitle, an audio–visual recording created under subsection (a)(3) of this
235-section shall be retained for a period of at least 10 years after the recording is made.
227+ [(d)] (J) (1) A notary public, a guardian, a conservator, or an agent of a 26
228+notary public or a personal representative of a deceased notary public shall: 27
236229
237- [(e)] (K) (1) Before a notary public performs the notary public’s initial
238-notarial act under subsection (a) of this section, the notary public shall notify the Secretary
239-of State:
230+ (i) retain the audio–visual recording created under subsection (a)(3) 28
231+of this section; or 29
240232
241- (i) that the notary public will be performing notarial acts facilitated
242-by communication technology; and
233+ (ii) cause the audio–visual recording to be retained by a repository 30
234+designated by or on behalf of the person required to retain the recording. 31
235+ 6 SENATE BILL 317
243236
244- (ii) of the technologies the notary public intends to use.
245237
246- (2) If the Secretary of State establishes by regulation the standards for
247-approval of communication technology, credential analysis, or identity proofing under
248-§ 18–222 of this subtitle, the communication technology, credential analysis, and identity
249-proofing used by a notary public must comply with the standards.
238+ (2) A guardian, a conservator, or an agent of a notary public or personal 1
239+representative of a deceased notary public who assumes authority over audio–visual 2
240+recordings created under subsection (a)(3) of this section shall: 3
250241
251- [(f)] (L) The validity of a notarial act performed under this section shall be
252-determined under the laws of this State regardless of the physical location of the remotely
253-located individual at the time of the notarial act.
242+ (i) notify the Secretary of State within 30 days after assuming 4
243+authority; and 5
254244
255- [(g)] (M) This section shall be construed and applied in a manner consistent with
256-Title 21 of the Commercial Law Article.
245+ (ii) comply with all requirements in this subtitle regarding the 6
246+maintenance and storage of the audio–visual recordings. 7
257247
258- [(h)] (N) (1) Nothing in this section shall require any person to accept, agree
259-to, conduct, or complete a transaction where a notarial act is performed using
260-communication technology for a remotely located individual.
248+ (3) Unless a different period is required by regulations adopted under 8
249+§ 18–222 of this subtitle, an audio–visual recording created under subsection (a)(3) of this 9
250+section shall be retained for a period of at least 10 years after the recording is made. 10
261251
262- (2) A person that agrees to accept, agree to, conduct, or complete a
263-transaction where a notarial act is performed using communication technology for a
264-remotely located individual may refuse to do so in any other transaction.
252+ [(e)] (K) (1) Before a notary public performs the notary public’s initial 11
253+notarial act under subsection (a) of this section, the notary public shall notify the Secretary 12
254+of State: 13
265255
266- (3) NOTHING IN THIS SECTI ON SHALL REQUIRE IDE NTITY PROOFING
267-OR CREDENTIAL ANALYS IS WHEN A NOTARY IDE NTIFIES A REMOTELY L OCATED
268-INDIVIDUAL IN ACCORD ANCE WITH SUBSECTION (A)(1)(I) OR (II) OF THIS SECTION.
256+ (i) that the notary public will be performing notarial acts facilitated 14
257+by communication technology; and 15
269258
270-18–222.
259+ (ii) of the technologies the notary public intends to use. 16
271260
272- (a) (1) The Secretary of State may adopt regulations to implement this
273-subtitle.
261+ (2) If the Secretary of State establishes by regulation the standards for 17
262+approval of communication technology, credential analysis, or identity proofing under 18
263+§ 18–222 of this subtitle, the communication technology, credential analysis, and identity 19
264+proofing used by a notary public must comply with the standards. 20
274265
275- (2) Regulations adopted under paragraph (1) of this subsection regarding
276-the performance of notarial acts with respect to electronic records may not require or accord LAWRENCE J. HOGAN, JR., Governor Ch. 715
266+ [(f)] (L) The validity of a notarial act performed under this section shall be 21
267+determined under the laws of this State regardless of the physical location of the remotely 22
268+located individual at the time of the notarial act. 23
277269
278-– 7 –
279-greater legal status or effect to the implementation or application of a specific technology
280-or technical specification.
270+ [(g)] (M) This section shall be construed and applied in a manner consistent with 24
271+Title 21 of the Commercial Law Article. 25
281272
282- (3) Regulations adopted under paragraph (1) of this subsection regarding
283-performance of a notarial act may:
273+ [(h)] (N) (1) Nothing in this section shall require any person to accept, agree 26
274+to, conduct, or complete a transaction where a notarial act is performed using 27
275+communication technology for a remotely located individual. 28
284276
285- (i) prescribe the means of performing a notarial act involving a
286-remotely located individual using communication technology;
277+ (2) A person that agrees to accept, agree to, conduct, or complete a 29
278+transaction where a notarial act is performed using communication technology for a 30
279+remotely located individual may refuse to do so in any other transaction. 31
287280
288- (ii) establish standards for communication technology, credential
289-analysis, and identity proofing;
281+ (3) NOTHING IN THIS SECTI ON SHALL REQUIRE IDE NTITY PROOFING 32
282+OR CREDENTIAL ANALYSIS WH EN A NOTARY IDENTIFI ES A REMOTELY LOCATE D 33
283+INDIVIDUAL IN ACCORD ANCE WITH SUBSECTION (A)(1)(I) OR (II) OF THIS SECTION. 34 SENATE BILL 317 7
290284
291- (iii) establish requirements or procedures to approve providers of
292-communication technology and the processes of credential analysis and identity proofing;
293-[and]
294285
295- (iv) establish standards and a period of retention of an audio–visual
296-recording created under § 18–214(a)(3) of this subtitle; AND
297286
298- (V) PRESCRIBE THE METHOD S FOR REASONABLE
299-CONFIRMATION OF A TA NGIBLE RECORD BY A N OTARY PUBLIC.
287+18–222. 1
300288
301- (4) Regulations adopted under paragraph (1) of this subsection may:
289+ (a) (1) The Secretary of State may adopt regulations to implement this 2
290+subtitle. 3
302291
303- (i) prescribe the manner of performing notarial acts regarding
304-tangible and electronic records;
292+ (2) Regulations adopted under paragraph (1) of this subsection regarding 4
293+the performance of notarial acts with respect to electronic records may not require or accord 5
294+greater legal status or effect to the implementation or application of a specific technology 6
295+or technical specification. 7
305296
306- (ii) include provisions to ensure that any change to or tampering
307-with a record bearing a certificate of a notarial act is self–evident;
297+ (3) Regulations adopted under paragraph (1) of this subsection regarding 8
298+performance of a notarial act may: 9
308299
309- (iii) include provisions to ensure integrity in the creation,
310-transmittal, storage, or authentication of electronic records or signatures;
300+ (i) prescribe the means of performing a notarial act involving a 10
301+remotely located individual using communication technology; 11
311302
312- (iv) if the Governor has delegated authority under § 18–104(b) of this
313-title, prescribe the process of granting, renewing, conditioning, denying, suspending, or
314-revoking a notary public commission and assuring the trustworthiness of an individual
315-holding a commission as a notary public; and
303+ (ii) establish standards for communication technology, credential 12
304+analysis, and identity proofing; 13
316305
317- (v) include provisions to prevent fraud or mistake in the
318-performance of notarial acts.
306+ (iii) establish requirements or procedures to approve providers of 14
307+communication technology and the processes of credential analysis and identity proofing; 15
308+[and] 16
319309
320-18–223.
310+ (iv) establish standards and a period of retention of an audio–visual 17
311+recording created under § 18–214(a)(3) of this subtitle; AND 18
321312
322- (b) [Identity] WHEN NECESSARY UNDER § 18–214(A)(1)(III) OF THIS
323-SUBTITLE, IDENTITY proofing and credential analysis shall be performed by a reputable Ch. 715 2022 LAWS OF MARYLAND
313+ (V) PRESCRIBE THE METHOD S FOR REASONABLE 19
314+CONFIRMATION OF A TA NGIBLE RECORD BY A N OTARY PUBLIC . 20
324315
325-– 8 –
326-third party who has provided evidence to the notary public of the ability to satisfy the
327-requirements of this section.
316+ (4) Regulations adopted under paragraph (1) of this subsection may: 21
328317
329- (c) [Identity] WHEN NECESSARY UNDER § 18–214(A)(1)(III) OF THIS
330-SUBTITLE, IDENTITY proofing shall be performed through a dynamic knowledge–based
331-authentication that meets the following requirements:
318+ (i) prescribe the manner of performing notarial acts regarding 22
319+tangible and electronic records; 23
332320
333- (1) each remotely located individual must answer a quiz consisting of a
334-minimum of five questions related to the individual’s personal history or identity,
335-formulated from public or private data sources;
321+ (ii) include provisions to ensure that any change to or tampering 24
322+with a record bearing a certificate of a notarial act is self–evident; 25
336323
337- (2) each question must have a minimum of five possible answer choices;
324+ (iii) include provisions to ensure integrity in the creation, 26
325+transmittal, storage, or authentication of electronic records or signatures; 27
338326
339- (3) at least 80% of the questions must be answered correctly;
327+ (iv) if the Governor has delegated authority under § 18–104(b) of this 28
328+title, prescribe the process of granting, renewing, conditioning, denying, suspending, or 29
329+revoking a notary public commission and assuring the trustworthiness of an individual 30
330+holding a commission as a notary public; and 31
331+ 8 SENATE BILL 317
340332
341- (4) all questions must be answered within 2 minutes;
342333
343- (5) if the remotely located individual fails the first attempt, the individual
344-may retake the quiz one time within 24 hours;
334+ (v) include provisions to prevent fraud or mistake in the 1
335+performance of notarial acts. 2
345336
346- (6) during a retake of the quiz, a minimum of 40% of the prior questions
347-must be replaced;
337+18–223. 3
348338
349- (7) if the remotely located individual fails the second attempt, the
350-individual is not allowed to retry with the same notary public within 24 hours of the second
351-failed attempt; and
339+ (b) [Identity] WHEN NECESSARY UNDER § 18–214(A)(1)(III) OF THIS 4
340+SUBTITLE, IDENTITY proofing and credential analysis shall be performed by a reputable 5
341+third party who has provided evidence to the notary public of the ability to satisfy the 6
342+requirements of this section. 7
352343
353- (8) the notary public must not be able to see or record the questions or
354-answers.
344+ (c) [Identity] WHEN NECESSARY UNDER § 18–214(A)(1)(III) OF THIS 8
345+SUBTITLE, IDENTITY proofing shall be performed through a dynamic knowledge–based 9
346+authentication that meets the following requirements: 10
355347
356- (d) [Credential] WHEN NECESSARY UNDER § 18–214(A)(1)(III) OF THIS
357-SUBTITLE, CREDENTIAL analysis must use public or private data sources to confirm the
358-validity of an identification credential presented by a remotely located individual and shall,
359-at a minimum:
348+ (1) each remotely located individual must answer a quiz consisting of a 11
349+minimum of five questions related to the individual’s personal history or identity, 12
350+formulated from public or private data sources; 13
360351
361- (1) use automated software processes to aid the notary public in verifying
362-the identity of each remotely located individual;
352+ (2) each question must have a minimum of five possible answer choices; 14
363353
364- (2) ensure that the identification credential passes an authenticity test,
365-consistent with sound commercial practices that:
354+ (3) at least 80% of the questions must be answered correctly; 15
366355
367- (i) use appropriate technologies to confirm the integrity of visual,
368-physical, or cryptographic security features;
356+ (4) all questions must be answered within 2 minutes; 16
369357
370- (ii) use appropriate technologies to confirm that the identification
371-credential is not fraudulent or inappropriately modified; LAWRENCE J. HOGAN, JR., Governor Ch. 715
358+ (5) if the remotely located individual fails the first attempt, the individual 17
359+may retake the quiz one time within 24 hours; 18
372360
373-– 9 –
361+ (6) during a retake of the quiz, a minimum of 40% of the prior questions 19
362+must be replaced; 20
374363
375- (iii) use information held or published by the issuing source or an
376-authoritative source, as available, to confirm the validity of personal details and
377-identification credential details; and
364+ (7) if the remotely located individual fails the second attempt, the 21
365+individual is not allowed to retry with the same notary public within 24 hours of the second 22
366+failed attempt; and 23
378367
379- (iv) provide output of the authenticity test to the notary public; and
368+ (8) the notary public must not be able to see or record the questions or 24
369+answers. 25
380370
381- (3) enable the notary public visually to compare for consistency the
382-information and photo on the identification credential and the remotely located individual
383-as viewed by the notary public in real time through communication technology.
371+ (d) [Credential] WHEN NECESSARY UNDER § 18–214(A)(1)(III) OF THIS 26
372+SUBTITLE, CREDENTIAL analysis must use public or private data sources to confirm the 27
373+validity of an identification credential presented by a remotely located individual and shall, 28
374+at a minimum: 29
384375
385- (e) (1) Communication technology shall provide reasonable security measures
386-to prevent unauthorized access to:
376+ (1) use automated software processes to aid the notary public in verifying 30
377+the identity of each remotely located individual; 31
378+ SENATE BILL 317 9
387379
388- (i) the live transmission of the audio–visual feeds;
389380
390- (ii) the methods used to perform credential analysis and identity
391-proofing, IF CREDENTIAL ANALYS IS AND IDENTITY PROO FING ARE NECESSARY
392-UNDER § 18–214(A)(1)(III) OF THIS SUBTITLE; and
381+ (2) ensure that the identification credential passes an authenticity test, 1
382+consistent with sound commercial practices that: 2
393383
394- (iii) the electronic record that is the subject of the notarial act, IF
395-THERE IS AN ELECTRON IC RECORD INSTEAD OF A TANGIBLE RECORD .
384+ (i) use appropriate technologies to confirm the integrity of visual, 3
385+physical, or cryptographic security features; 4
396386
397- (2) If a remotely located individual must exit the workflow, the remotely
398-located individual must meet the criteria of this section and restart credential analysis and
399-identity proofing from the beginning.
387+ (ii) use appropriate technologies to confirm that the identification 5
388+credential is not fraudulent or inappropriately modified; 6
400389
401- (f) (1) [A] IF THE NOTARIAL ACT I S REGARDING AN ELECT RONIC
402-RECORD, A notary public shall attach or logically associate the notary public’s electronic
403-signature and official stamp to an electronic record by use of a digital certificate complying
404-with the X.509 standard adopted by the International Telecommunication Union or a
405-similar industry–standard technology.
390+ (iii) use information held or published by the issuing source or an 7
391+authoritative source, as available, to confirm the validity of personal details and 8
392+identification credential details; and 9
406393
407- (2) IF THE NOTARIAL ACT I S REGARDING A TANGIB LE RECORD,
408-§ 18–215(B)(1) OF THIS SUBTITLE APP LIES.
394+ (iv) provide output of the authenticity test to the notary public; and 10
409395
410- [(2)] (3) A notary public may not perform a notarial act with respect to an
411-electronic record if the digital certificate:
396+ (3) enable the notary public visually to compare for consistency the 11
397+information and photo on the identification credential and the remotely located individual 12
398+as viewed by the notary public in real time through communication technology. 13
412399
413- (i) has expired;
400+ (e) (1) Communication technology shall provide reasonable security measures 14
401+to prevent unauthorized access to: 15
414402
415- (ii) has been revoked or terminated by the issuing or registering
416-authority;
403+ (i) the live transmission of the audio–visual feeds; 16
417404
418- (iii) is invalid; or
419- Ch. 715 2022 LAWS OF MARYLAND
405+ (ii) the methods used to perform credential analysis and identity 17
406+proofing, IF CREDENTIAL AN ALYSIS AND IDENTITY PROOFING ARE NECESSA RY 18
407+UNDER § 18–214(A)(1)(III) OF THIS SUBTITLE ; and 19
420408
421-– 10 –
422- (iv) is incapable of authentication.
409+ (iii) the electronic record that is the subject of the notarial act, IF 20
410+THERE IS AN ELECTRON IC RECORD INSTEAD OF A TANGIBLE RECORD . 21
423411
424- SECTION 2. AND BE IT FURTHER ENACTED, That , notwithstanding any other
425-provision of law, the notarization of any document under the requirements of Executive
426-Order 20.03.30.04, authorizing remote notarizations, or Executive Order 20.09.29.01,
427-amending the order of March 30, 2020, authorizing remote notarizations, shall be deemed
428-valid if the notarization occurred during the time that the executive order was in effect.
412+ (2) If a remotely located individual must exit the workflow, the remotely 22
413+located individual must meet the criteria of this section and restart credential analysis and 23
414+identity proofing from the beginning. 24
429415
430- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June
431-1, 2022.
416+ (f) (1) [A] IF THE NOTARIAL ACT I S REGARDING AN ELECT RONIC 25
417+RECORD, A notary public shall attach or logically associate the notary public’s electronic 26
418+signature and official stamp to an electronic record by use of a digital certificate complying 27
419+with the X.509 standard adopted by the International Telecommunication Union or a 28
420+similar industry–standard technology. 29
432421
433-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
422+ (2) IF THE NOTARIAL ACT I S REGARDING A TANGIB LE RECORD , 30
423+§ 18–215(B)(1) OF THIS SUBTITLE APP LIES. 31
424+
425+ [(2)] (3) A notary public may not perform a notarial act with respect to an 32
426+electronic record if the digital certificate: 33 10 SENATE BILL 317
427+
428+
429+
430+ (i) has expired; 1
431+
432+ (ii) has been revoked or terminated by the issuing or registering 2
433+authority; 3
434+
435+ (iii) is invalid; or 4
436+
437+ (iv) is incapable of authentication. 5
438+
439+ SECTION 2. AND BE IT FURTHER ENACTED, That , notwithstanding any other 6
440+provision of law, the notarization of any document under the requirements of Executive 7
441+Order 20.03.30.04, authorizing remote notarizations, or Executive Order 20.09.29.01, 8
442+amending the order of March 30, 2020, authorizing remote notarizations, shall be deemed 9
443+valid if the notarization occurred during the time that the executive order was in effect. 10
444+
445+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 11
446+1, 2022. 12
447+
448+
449+
450+Approved:
451+________________________________________________________________________________
452+ Governor.
453+________________________________________________________________________________
454+ President of the Senate.
455+________________________________________________________________________________
456+ Speaker of the House of Delegates.