9
May

Last-minute amendment to allow webcam notarization in Vermont

Proponents of webcam notarization are trying to sneak it in at the last minute, as an amendment to H.526, which would adopt the Revised Uniform Law on Notarial Acts. The legislature is trying to finish its business and adjourn on Friday, May 11, so everything is moving fast.

The bill may be found by going to https://legislature.vermont.gov/bill/status/2018/H.526 and looking at the line that contains "House proposal of amendment to Senate proposal of amendment". Click on "P. 4144" and in the PDF that downloads, search on "4144" to get to that page. (The Journal of the Senate page numbers start at the beginning of the term in 2016; the PDF is only 126 pages long.)

I hope even proponents of webcam notarization (which I am not),  would oppose badly written laws. This amendment is very badly written indeed.

  1. Webcam notarization is controversial and technically complex. I oppose any legislation on this subject that is introduced at the last minute without the opportunity for consideration and the hearing of testimony by appropriate committees.
  2. In-person electronic notarization is legal today under V.S.A. Title 9 Chapter 20, Uniform Electronic Transactions Act. This amendment would suddenly outlaw these notarizations until the Secretary of State creates rules for them. The amendment fails to clearly state the date the prohibition would go into effect.
  3. Although I oppose webcam notarizations, if it is to be done at all, it should be done right. This amendment fails to specify many aspects that go beyond executive branch rule making. One example: if the notary is in Vermont, but the person executing the record is in another state, is it lawful? If so, is the place of notarization considered to be Vermont or the other state?

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