HB 77 Summary

• Creates new Part II of Chapter 456 authorizing notaries public to perform remote online notarizations using electronic documents, electronic signatures, and electronic seals when communicating simultaneously with the principal by sight and sound through communication technology.

• Permits Hawaii notaries to perform remote notarizations for individuals physically located in the United States without restriction, and for individuals outside the United States if the record relates to U.S. jurisdiction matters and the notary has no knowledge that the act is prohibited by the foreign state.

• Requires notaries to maintain tamper-evident electronic journals of all remote online notarial acts, create audio-visual recordings of each transaction, and retain both for at least ten years; restricts disclosure of recordings containing identification documents without consent except by court order or law enforcement request.

• Mandates notaries verify principal identity through personal knowledge, credential analysis combined with identity proofing quiz (minimum 5 questions, 80% accuracy required), or credible witness oath; establishes specific security standards for communication technology and digital certificates.

• Caps notary fees for remote online notarizations at $25 and amends existing real estate acknowledgment law to permit remote online notarization methods as alternative identification verification; effective July 1, 2050.