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Taking 21st Century in Small Doses, House Allows Remote Appearance but No Electronic Notary Seals

Published 2019-02-26 by Cory Allen Heidelberger

The Legislature isn’t ready for electronic notary seals, but yesterday the House said it’s willing to consider remote natorization.

Former judge, now Representative Tim Johns (R-31/Lead) is taking another swing at making it easier for South Dakota attorneys to conclude business with out-of-state clients. His House Bill 1272 started as a measure to allow remote and electronic notarization. Rep. Johns wants folks doing legal business to be able to present themselves for the notarization of documents by teleconference instead of having to come to the office in person. He also wants South Dakota notaries to be able to use electronic stamping systems like those in use in Minnesota and other states to notarize documents remotely.

The electronic-notarizing part was too much for House Judiciary, which on Friday hoghoused HB 1272 to clarify that a notary seal is a “physical device” used on a “tangible document.” Paper, paper, paper….

Yes, Mrs. Johnson, we can notarize that for you now... [Lady Bird Johnson with AT&T Picturephone, 1964].
Yes, Mrs. Johnson, we can notarize that for you now… [Lady Bird Johnson with AT&T Picturephone, 1964].
But HB 1272 would allow notaries to apply their rubber stamps to crisp paper for folks calling in from afar. Under HB 1272, “A notarial officer in this state, while located in this state, may perform by means of communication technology a notarial act executed on a document by a person who appears before, but is not in the physical presence of the notarial officer if the notarial officer.” By “communication device,” HB 1272 means “an electronic device or process that allows a notarial officer and a person not in the physical presence of the notarial officer to communicate with each other simultaneously by sight and sound.” Get out the Picturephones!

Picturephoning your South Dakota notary passed the House yesterday 65–0. Perhaps we can guarantee its Senate passage by getting Senate Judiciary to take testimony in support of HB 1272 by Facetime.

Published in South Dakota

5 Comments

  1. Roger Cornelius

    This legislature is hard to trust, next thing you know, they’ll have us talking to each thru a string and two soup cans,

    2019-02-26
  2. Buckobear

    21st Century ??
    Hells Bells, it will take a major effort to drag South Dakota into the 20th century !!

    2019-02-26
  3. Porter Lansing

    Hey, murphnick … got skype on your flip phone, yet?

    2019-02-26
  4. bearcreekbat

    Buckobear is right. In fact, if I am not mistaken our borders have worm holes that transport travelers into the future when leaving the state in any direction and into the past when coming from another state into SD. These are extremely powerful wormholes that even extrend into the air space surrounding the state.

    2019-02-26
  5. Cory Allen Heidelberger

    Well, as long as those future travelers can get a live video signal through the wormhole, HB 1272 will let them call in and swear an affidavit or power of attorney before a South Dakota notary.

    2019-02-26

Comments are closed.