West Virginia 2022 Regular Session

West Virginia House Bill HB4229

Introduced
1/18/22  

Caption

Authorizing the Secretary of State to promulgate a legislative rule relating to Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization

Impact

The introduction of HB 4229 is expected to impact state laws related to the notarization process significantly. By establishing standards for electronic notarization and its remote variants, the bill will provide a legal framework that facilitates these modern practices. This shift is aligned with national trends toward digitalization, allowing for the notarization of documents without the need for in-person presence, which can be particularly beneficial in situations where access might be limited due to geography or health concerns.

Summary

House Bill 4229 seeks to amend and reenact section 64-9-1 of the Code of West Virginia. This amendment aims to authorize the Secretary of State to promulgate legislative rules regarding standards and guidelines for electronic notarization, remote online notarization, and remote ink notarization. The bill is positioned to align the regulations governing notarization with modern technological practices, enhancing the efficiency and accessibility of notarization processes in the state.

Sentiment

The sentiment surrounding HB 4229 has been largely positive among stakeholders advocating for modernization within legal practices. Proponents argue that the efficiencies introduced by electronic and remote notarization practices can streamline many bureaucratic processes and improve service delivery. However, there are concerns from some factions regarding the potential risks associated with security and verification in digital environments, indicating a need for stringent guidelines and oversight.

Contention

Notably, while the bill appears to gain favor among supporters of technological advancement, there is ongoing discourse about the adequacy of oversight mechanisms to protect against fraud and to ensure the integrity of notarial acts. Opponents may raise concerns about the potential displacement of traditional notarization methods, especially among populations that are less technologically adept. Such debates highlight the balance that must be struck between modernization and ensuring accessibility and security in the notarization process.

Companion Bills

WV SB390

Similar To Secretary of State rule relating to standards and guidelines for electronic notarization, remote online notarization, and remote ink notarization

Previously Filed As

WV HB289

Courts; remote online notaries public and remote online notarizations; provide

WV SB2456

Remote online notarization; allow.

WV HB1777

SECURE Notarization Act of 2025 Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2025

WV HB5658

Occupations: notaries public; use of communication technology to perform electronic notarizations and remote electronic notarizations; modify and expand. Amends secs. 3, 5, 26, 26a, 26b, & 27 of 2003 PA 238 (MCL 55.263 et seq.); adds sec. 26e & repeals sec. 26d of 2003 PA 238 (MCL 55.286d).

WV SB1561

SECURE Notarization Act of 2025 Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2025

WV S2638

Relative to retirement pension notarizations

WV HB1154

Mississippi Law on Notarial Acts; revise to allow notaries to perform remote online notarization.

WV HB4411

Ban on Inkless Directives and Executive Notarizations Act of 2025

WV A09232

Permits electronic notarization and witnessing of certain documents.

WV SCR35

Urges and requests the Louisiana State Law Institute to study the use of remote online notarization for executing certain authentic acts.

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