House committee amends and advances remote online notary bill, adds delayed effective date

The House Judiciary Committee voted to pass House Bill 289 as amended after testimony from notaries, title companies and closing attorneys. The bill author and his staff outlined a framework to allow remote online notarization (RON) in Georgia, authorize the Georgia Courts Authority to issue technical standards, and require identity-proofing, credential analysis and audiovisual recording for each remote notarization session.

Under the version the committee approved, RON sessions must be recorded and the audio-visual archive and electronic journal entries retained for a minimum of 10 years. The bill sets a maximum fee of $25 per online notarization, requires notaries to hold a $2,000 surety bond and to maintain Georgia residency, and prohibits remote notarization for wills and related estate instruments.

Supporters from the title and banking sectors told the committee that the detailed technical provisions are necessary to meet underwriting and national standards and urged the committee not to remove large swaths of the model language. Amy Huskins, a commercial real estate partner who said she helped draft earlier versions of the model act, told members: "This bill right now is a really, really good bill, and it will work." Josh Kamen, a commercial law practitioner, added that the draft aligns with practices in other states and would be ‘‘consistent and good for Georgia business and law.’’

Several closing attorneys and representatives of residential real estate closing associations urged pairing HB 289 with legislation strengthening enforcement against unauthorized practice of law (UPL). Kate Hoskins and other residential practitioners said enforcement is the central concern: RON expands the technology available to out-of-state corporate actors, and without clear enforcement it could enable unauthorized practice. Committee members adopted an amendment to move two implementation deadlines to 2027 to give courts' clerks authorities time to adopt standards.

What happens next: HB 289 passed the Judiciary Committee as amended and will proceed to the next step of the legislative process. The committee adopted the date change amendment and approved the bill by voice vote.