An Act To Implement the Recommendations of the Secretary of State Regarding Notarial Acts
Maine Legislature, Session 130, LD 2023
Committee Amendment CA_A_H983 (House)
Amends: 4 MRSA §961

COMMITTEE AMENDMENT "11-" to H.P. 1503, L.D. 2023, "An Act To Implement 
the Recommendations of the Secretary of State Regarding Notarial Acts" 
Amend the bill in Part A in section 4 inc. 39 in § 1904 in subsection 3 by striking out 
all of paragraph C (page 3, lines 8 to 10 in L.D.). 
Amend the bill in Part A in section 4 in c. 3 9 in § 1910 in subsection 1 in paragraph B 
in the first line (page 5, line 15 in L.D.) by inserting after the following: "A" the following: 
1justice,1 
Amend the bill in Part A in section 4 inc. 39 in §1915 in subsection 13 by inserting at 
the end a new blocked paragraph to read: 
1Rules adopted pursuant to this subsection are routine teclmical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 1 
Amend the bill in Part A in section 4 in c. 3 9 in § 1915 in subsection 16 by striking out 
all of paragraph A (page 11, line 6 in L.D.). 
Amend the bill in Part A in section 4 inc. 39 in §1915 in subsection 16 by relettering 
the paragraphs to read alphabetically. 
Amend the bill in Part A in section 4 in c. 3 9 in § 1915 by inse1ting after subsection 16 
the following: 
117. Solemnization of marriage remotely prohibited. A notarial officer may not 
solemnize a marriage pursuant to Title 19-A, section 655 for a remotely located individual.1 
Amend the bill in Part A in section 4 in c. 39 in § 1923 in subsection 1 in the first and 
2nd lines (page 16, lines 24 and 25 in L.D.) by striking out the following: "who does not 
currently11 and inserting the following: 
1who at the time of application does not1 
Amend the bill in Part A in section 4 in c. 3 9 in § 1925 in subsection 2 in the first line 
(page 17, line 28 in L.D.) by inserting after the following: 
11records" the following: 
,;, 
remote notarization
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ff,, to H.P. 1503, L.D. 2023 
Amend the bill in Part A in section 4 in c. 3 9 in § 1925 in subsection 2 in the last line 
(page 17, line 30 in L.D.) by inserting after the following: "records" the following: 'or 
remotely' 
Amend the bill in Part A in section 4 inc. 39 in § 1926 in subsection 3 in the first line 
(page 18, line 1 in L.D.) by striking out the following: "terms" and inserting the following: 
'titles' 
Amend the bill in Pait A in section 4 in c. 3 9 in § 1926 in subsection 3 in the last line 
(page 18, line 2 in L.D.) by striking out the following: "term" and inserting the following: 
'title' 
Amend the bill in Part A in section 4 inc. 39 in § 1928 by inse1ting after subsection 2 
the following: 
'3. Routine technical rules. Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A.' 
Amend the bill in Part A in section 4 inc. 39 by inse1ting after§ 1932 the following: 
'§1933. Effective date 
This chapter takes effect July L 2023 .' 
Amend the bill in Pait A by inserting after section 7 the following: 
'Sec. A-8. Effective date. This Part takes effect July 1, 2023 .' 
Amend the bill in Pait Bin section 6 in §657 in the first indented paragraph in the 2nd 
line (page 21, line 33 in LD.) by inserting after the following: "~" the following: ',. 
lawyer admitted to the Maine Bar' 
Amend the bill in Pait B in section 6 in §657 in the first indented paragraph in the 4th 
line (page 21, line 35 in L.D.) by inserting after the following: "~" the following: 
'lawyer,' 
Amend the bill in Pait B by inserting after section 7 the following: 
'Sec, B-8. Effective date. This Part takes effect July 1, 2023 .' 
Amend the bill by striking out all of Part C and inse1ting the following: 
'PART C 
Sec. C-1. 4 MRSA §961, first 'if, as enacted by PL 2021, c. 337, § 1, is amended to 
read: 
This section is intended to continue the effect of Executive Order 37 FY 19/20 as 
amended by Executive Order 37-A FY 19/20 beyond the end of the state of emergency 
declared by the Governor pursuant to Title 3 7-B, section 7 42 until January July 1, 2023. 
Sec. C-2. 4 MRSA §961, sub-§2, as enacted by PL 2021, c. 337, §1, is amended 
to read: 
2. Requirements. Until January July 1, 2023, with the exceptions noted in subsection 
1, the enforcement of the laws of this State pe1taining to notarization that require the 
physical presence of the person whose oath is being taken and who is signing a document, 
referred to in this section as "the signatory," at the same location as the notary public or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT'{(" to RP. 1503, L.D. 2023 
other person authorized to perform a notarial act, referred to in this section as "the notary," 
arid any witness to the signing are suspended as long as the following conditions are met: 
A. The notary is physically within the State while performing the notarial act and 
follows any additional guidance for remote notarization issued by the Secretary of 
State; 
B. The act of notarization or witnessing required by law is completed remotely using 
2-way audio-visual communication technology and: 
(1) 
The 2-way audio-visual communication technology allows direct 
contemporaneous interaction between the signatory, the notary and any witness by 
sight and sound in real time. Prerecording is not permitted; 
(2) The signatory is reasonably identified by the notary in one of the following 
ways: 
(a) The signatory is personally known to the notaiy; 
(b) The signato1y presents a valid photo identification to the notary during the 
2-way audio-visual communication; or 
(c) The oath or affirmation is provided by a witness who: 
(i) Is in the physical presence of either the notary or the signatory; or 
(ii) 
Is able to communicate with the notary and the signatory 
simultaneously by sight and sound through 2-way audio-visual 
communication technology at the time of the notai·ization, if the witness 
has personal knowledge of the signatory and has been reasonably 
identified by the notary under division (a) or (b); 
(3) The signat01y attests to being physically located in the State and affirmatively 
states the name of the county in which the signatory is located at the time of 
execution during the 2-way audio-visual communication; 
( 4) The notary and any witness attest to being physically located in the State during 
the 2-way audio-visual communication; 
(5) For wills and powers of attorney, the notaiy or at least one witness is an 
attorney licensed to practice law in the State; 
(6) Before any documents are signed, the notaiy is able to view by 2-way audio-
visual communication technology the entire space in which the signatory and any 
witness is located, and any person who is present in those spaces states the person's 
name while in clear view of the notary; 
(7) The signatory affomatively states on the 2-way audio-visual c.ommunication 
which document the signatory is signing, and the notary is provided with a copy of 
the document prior to the signing; 
(8) Each page of the document being witnessed is shown to the notary and any 
witness on the 2-way audio-visual communication in a means clearly legible to the 
notary and initialed by the signatory in the presence of the notary and any witness; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ff to H.P. 1503, L.D. 2023 
(9) The act of signing and of initialing pursuant to subparagraph (8) is captured 
sufficiently close to the 2-way audio-visual communication technology for the 
notary to observe; 
( 10) The signatory transmits by fax or other electronic means, which may include 
transmitting a photograph of every page by cellular telephone, a legible copy of 
the entire signed document directly to the notaiy and any witness immediately after 
signing the document or, if that is not possible, no later than 24 hours after the 
signatory's signing of the document; 
(11) The signatory sends the original signed document directly to the witness 
within 96 hours after the signatmy's execution of the document or to the notary if 
no witness is involved; 
(12) Within 96 hours after receiving the original signed document from the 
signatory, the witness signs it and sends it to the 2nd witness, if any, or to the notary 
if no other witness is involved. Within 96 hours after receiving the original signed 
document signed by the first witness, the 2nd witness signs it and sends it to the 
notaiy. The official date and time of each witness's signature is the date and time 
when the witness witnesses the signat01y's signature using the 2-way audio-visual 
communication technology; and 
(13) Upon review of the original signed document and satisfactory comparison 
with the faxed or other electronic document provided on the date of signing, the 
notaiy notarizes the original document within 96 hours after receiving the original 
signed document; the official date and time of the notarization is the date and time 
when the notaiy witnessed the signature using the 2-way audio-visual 
communication technology. The notary shall add the following language below 
the notaiy and witness signature lines on the original signed document: "Notarized 
(and/or witnessed) remotely, in accordance with the Maine Revised Statutes, Title 
4, section 961.
Any witness required or permitted to properly execute any original document 
according to law may similarly witness the signing of the document by the signatory 
using 2-way audio-visual communication technology and may sign as a witness to the 
document upon receipt of the original document; and 
C. A recording of the 2-way audio-visual communication is made and preserved by 
the notary for a period of at least 5 years from the date of the notarial act. The notaiy 
shall provide a copy of the recording to the signat01y and the Secretary of State upon 
request.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment removes mention of solemnizing mai·riage in the conflict of interest 
provision as the bill does not include solemnizing marriage as a notarial act. The Maine 
Revised Statutes, Title 19-A, section 655 identifies who has authority to solemnize a 
marriage. 
This amendment clarifies that marriages may not be solemnized remotely. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "~o H.P. 1503, L.D. 2023 
This amendment clarifies that a state court justice, in addition to a judge, may also 
perform a notarial act. 
This amendment provides that rules adopted by the Secretary of State concerning 
remote notarization are routine technical rules, as are rules implementing the entire chapter 
enacted in the bill. 
This amendment clarifies that the electronic database the Secretary of State maintains 
must indicate whether a notary public will be performing notarial acts remotely. 
This amendment clarifies that a notary public who is not an attorney may not use the 
title "notario" or "notario publico. 
This amendment adds a statutory effective date to the chapter enacted in the bill. 
This amendment includes lawyers admitted to the Maine Bar in the provision of law 
that addresses the consequences of lack of jurisdiction or authority. 
Title 4, section 961 provides for the continuation of the temporary modification of 
certain in-person notarization and acknowledgment requirements established in executive 
orders in 2020, but only until Januaiy 1, 2023. This amendment extends the effect of 
section 961 until July 1, 2023. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/31/22 ,:::Jz,ae:.. 
LD 2023 
LR2632(02) 
An Act To Implement the Recommendations of the Secretary of State Regarding Notarial Acts 
Fiscal Note for Bill as Amended by Committee Amendment//.•t/f q53) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Secretary of State associated with rulemaking and complying with other 
provisions of this bill can be absorbed within existing budgeted resources. 
LR2632(02) - Fiscal Note - Page 1 of 1