Galvin raises concerns about remote notarization plans

Jul. 14—BOSTON — With a temporary law authorizing remote notarization set to expire, lawmakers are considering a proposal to make the changes permanent. A top state official, however, is raising concerns about the plans.

The proposal, approved by the House and Senate last week, would allow public notaries in Massachusetts to continue remotely certifying wills, trusts, home sales and other major transactions. The law temporarily authorizing remote notarizations is set to expire Friday.

In a letter to legislative leaders, Secretary of State Bill Galvin said provisions added to the bill by the House go "far beyond extending the virtual notarization provisions during the COVID-19 state of emergency" to create a costly "novel and complex process."

Galvin, whose office processes applications for notary agents and administers oaths of office, said the proposed changes would require an additional $1 million in funding to handle increased volume of notaries that would to be reauthorized to provide online services. After that, the cost would be about $450,000 a year.

But, he said, there is no additional funding in the proposal or a proposed $50 billion state budget.

"Because remote online authorization requires a separate application and qualification process, my office anticipates a significant increase in administrative responsibilities," he wrote. "At no time during deliberations on the FY23 budget has this topic received any attention."

Galvin suggests that if lawmakers move ahead with the plans, they should shift responsibility for the notarization system to the governor's office, which makes the notary appointments.

"My office does not currently set any standards, rules, or guidelines with respect to the conduct of governor's appointments, and therefore it would seem far more appropriate for that role to reside with the appointing authority," he wrote.

In the interim, Galvin urges lawmakers to extend the temporary rules authorizing remote notarization and take up the issue again in the next legislative session.

"Extending the existing provisions (as the Senate bill proposes) is the only prudent way forward," Galvin wrote.

Under Massachusetts law, notarizations must take place in person using wet ink. But those services were hampered by government shutdowns and social distancing policies aimed at preventing spread of the coronavirus.

A 2020 law signed by Gov. Charlie Baker allowed notarizations to be conducted through videoconference during the state's emergency declaration. Baker's emergency rules expired in June 2021, but lawmakers have extended the temporary rules for remote notarizations several times.

That authorization is set to expire Friday unless lawmakers take action on the proposals.

The state has about 100,000 public notaries, and roughly 42,000 lawyers or paralegals are certified to notarize transactions.

At least 38 states allow some form of e-notary services, or use a remote online notarization system, according to the National Notary Association.

Governors in several states, including New Hampshire and New York, issued executive orders during the pandemic temporarily to allow remote notary services. Many of those states have also sought to make remote notarization permanent.

In Congress, lawmakers are considering a proposal that would allow nationwide use of remote online notarization.

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group's newspapers and websites. Email him at cwade@northofboston.com.