S T A T E O F N E W Y O R K
________________________________________________________________________
4352--B
2019-2020 Regular Sessions
I N S E N A T E
March 8, 2019
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Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Finance in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, in relation to providing for elec-
tronic notarization
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 137-a
to read as follows:
§ 137-A. ELECTRONIC NOTARIZATION. 1. DEFINITIONS. (A) "ELECTRONIC"
SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION ONE OF SECTION
THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
(B) "ELECTRONIC DOCUMENT" MEANS INFORMATION THAT IS CREATED, GENER-
ATED, SENT, COMMUNICATED, RECEIVED OR STORED BY ELECTRONIC MEANS.
(C) "ELECTRONIC NOTARIAL ACT" MEANS AN OFFICIAL ACT BY A NOTARY PUBLIC
ON OR INVOLVING AN ELECTRONIC DOCUMENT AND USING MEANS AUTHORIZED BY THE
SECRETARY OF STATE.
(D) "ELECTRONIC NOTARY PUBLIC" OR "ELECTRONIC NOTARY" MEANS A NOTARY
PUBLIC WHO HAS REGISTERED WITH THE SECRETARY OF STATE THE CAPABILITY OF
PERFORMING ELECTRONIC NOTARIAL ACTS.
(E) "ELECTRONIC SIGNATURE" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SUBDIVISION THREE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY
LAW.
(F) "ELECTRONIC NOTARIAL STATEMENT OF AUTHORITY" MEANS THE PORTION OF
A NOTARIZED ELECTRONIC DOCUMENT THAT IS COMPLETED BY A NOTARY PUBLIC AND
CONTAINS THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE AND ALL INFORMATION
REQUIRED BY SECTION ONE HUNDRED THIRTY-SEVEN OF THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01369-05-0
S. 4352--B 2
(G) "NOTARY ELECTRONIC SIGNATURE" MEANS THOSE FORMS OF ELECTRONIC
SIGNATURE, WHICH HAVE BEEN APPROVED BY THE SECRETARY OF STATE AS AN
ACCEPTABLE MEANS FOR AN ELECTRONIC NOTARY TO AFFIX THE NOTARY PUBLIC'S
OFFICIAL SIGNATURE TO AN ELECTRONIC RECORD THAT IS BEING NOTARIZED.
2. IDENTIFYING DOCUMENT SIGNERS. (A) THE METHODS FOR IDENTIFYING
DOCUMENT SIGNERS FOR AN ELECTRONIC NOTARIZATION SHALL BE THE SAME AS THE
METHODS REQUIRED FOR A PAPER-BASED NOTARIZATION; PROVIDED, HOWEVER, IN
THE CASE OF AN ELECTRONIC NOTARIZATION, SUCH METHODS MAY BE BASED ON
VIDEO AND AUDIO CONFERENCE TECHNOLOGY THAT MEET THE FOLLOWING STANDARDS:
(I) THE PERSONS COMMUNICATING SHALL SIMULTANEOUSLY SEE AND SPEAK TO
ONE ANOTHER;
(II) THE SIGNAL TRANSMISSION SHALL BE IN LIVE, REAL TIME;
(III) THE SIGNAL TRANSMISSION SHALL BE SECURE FROM INTERCEPTION
THROUGH LAWFUL MEANS BY ANYONE OTHER THAN THE PERSONS COMMUNICATING; AND
(IV) THE TECHNOLOGY SHALL PERMIT THE NOTARY TO COMMUNICATE WITH AND
IDENTIFY THE DOCUMENT SIGNER AT THE TIME OF THE NOTARIAL ACT, PROVIDED
THAT SUCH IDENTIFICATION IS CONFIRMED BY:
(A) PERSONAL KNOWLEDGE;
(B) AN ANTECEDENT IN-PERSON IDENTITY PROOFING PROCESS IN ACCORDANCE
WITH THE SPECIFICATIONS OF THE FEDERAL BRIDGE CERTIFICATION AUTHORITY;
OR
(C) A VALID DIGITAL CERTIFICATE ACCESSED BY BIOMETRIC DATA OR BY USE
OF AN INTEROPERABLE PERSONAL IDENTITY VERIFICATION CARD THAT IS
DESIGNED, ISSUED, AND MANAGED IN ACCORDANCE WITH THE SPECIFICATIONS
PUBLISHED BY THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY IN
FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATION 201-1, "PERSONAL
IDENTITY VERIFICATION (PIV) OF FEDERAL EMPLOYEES AND CONTRACTORS", AND
SUPPLEMENTS THERETO OR REVISIONS THEREOF, INCLUDING THE SPECIFICATIONS
PUBLISHED BY THE FEDERAL CHIEF INFORMATION OFFICERS COUNCIL IN "PERSONAL
IDENTITY VERIFICATION INTEROPERABILITY FOR NON-FEDERAL ISSUERS".
(B) IF VIDEO AND AUDIO CONFERENCE TECHNOLOGY HAS BEEN USED TO ASCER-
TAIN A DOCUMENT SIGNER'S IDENTITY, THE ELECTRONIC NOTARY SHALL KEEP A
COPY OF THE RECORDING OF THE VIDEO AND AUDIO CONFERENCE AND A NOTATION
OF THE TYPE OF ANY OTHER IDENTIFICATION USED. THE RECORDING SHALL BE
MAINTAINED FOR A PERIOD OF AT LEAST TEN YEARS FROM THE DATE OF TRANS-
ACTION.
(C) IN ADDITION TO THE METHODS DESCRIBED IN PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, IDENTITY MAY BE VERIFIED BY: (I) THE REMOTE ONLINE
NOTARY PUBLIC'S PERSONAL KNOWLEDGE OF THE PERSON CREATING THE ELECTRONIC
SIGNATURE; OR
(II) EACH OF THE FOLLOWING: (A) REMOTE PRESENTATION BY THE PERSON
CREATING THE ELECTRONIC SIGNATURE OF A GOVERNMENT-ISSUED IDENTIFICATION
CREDENTIAL, INCLUDING A PASSPORT OR DRIVER'S LICENSE, THAT CONTAINS THE
SIGNATURE AND A PHOTOGRAPH OF THE PERSON; (B) CREDENTIAL ANALYSIS; AND
(C) IDENTITY PROOFING.
(D) FOR PURPOSES OF THIS SUBDIVISION: (I) "CREDENTIAL ANALYSIS" MEANS
A PROCESS OR SERVICE THAT MEETS THE STANDARDS ESTABLISHED BY THE SECRE-
TARY OF STATE THROUGH WHICH A THIRD PERSON AFFIRMS THE VALIDITY OF A
GOVERNMENT-ISSUED IDENTIFICATION CREDENTIAL THROUGH REVIEW OF PUBLIC AND
PROPRIETARY DATA SOURCES; AND
(II) "IDENTITY PROOFING" MEANS A PROCESS OR SERVICE OPERATING ACCORD-
ING TO STANDARDS ESTABLISHED BY THE SECRETARY OF STATE THROUGH WHICH A
THIRD PERSON AFFIRMS THE IDENTITY OF AN INDIVIDUAL: (A) BY MEANS OF
DYNAMIC KNOWLEDGE BASED AUTHENTICATION SUCH AS A REVIEW OF PERSONAL
INFORMATION FROM PUBLIC OR PROPRIETARY DATA SOURCES; OR (B) BY MEANS OF
S. 4352--B 3
ANALYSIS OF BIOMETRIC DATA SUCH AS, BUT NOT LIMITED TO, FACIAL RECOGNI-
TION, VOICEPRINT ANALYSIS, OR FINGERPRINT ANALYSIS.
3. REGISTRATION REQUIREMENTS. (A) BEFORE PERFORMING ANY ELECTRONIC
NOTARIAL ACT OR ACTS, A NOTARY PUBLIC SHALL REGISTER THE CAPABILITY TO
NOTARIZE ELECTRONICALLY WITH THE SECRETARY OF STATE ON A FORM PRESCRIBED
BY THE SECRETARY OF STATE.
(B) IN REGISTERING THE CAPABILITY TO PERFORM ELECTRONIC NOTARIAL ACTS,
THE NOTARY PUBLIC SHALL PROVIDE THE FOLLOWING INFORMATION TO THE SECRE-
TARY OF STATE, NOTARY PROCESSING UNIT:
(I) THE APPLICANT'S NAME AS CURRENTLY COMMISSIONED AND COMPLETE MAIL-
ING ADDRESS;
(II) THE EXPIRATION DATE OF THE NOTARY PUBLIC'S COMMISSION AND SIGNA-
TURE OF THE COMMISSIONED NOTARY PUBLIC;
(III) THE APPLICANT'S E-MAIL ADDRESS;
(IV) THE DESCRIPTION OF THE ELECTRONIC TECHNOLOGY OR TECHNOLOGIES TO
BE USED IN ATTACHING THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE TO THE
ELECTRONIC DOCUMENT; AND
(V) AN EXEMPLAR OF THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE, WHICH
SHALL CONTAIN THE NOTARY PUBLIC'S NAME AND ANY NECESSARY INSTRUCTIONS OR
TECHNIQUES THAT ALLOW THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE TO BE
READ.
4. TYPES OF ELECTRONIC NOTARIAL ACTS. ANY NOTARIAL ACT AUTHORIZED BY
SECTION ONE HUNDRED THIRTY-FIVE OF THIS ARTICLE MAY BE PERFORMED ELEC-
TRONICALLY AS PRESCRIBED BY THIS SECTION IF UNDER APPLICABLE LAW THAT
DOCUMENT MAY BE SIGNED WITH AN ELECTRONIC SIGNATURE.
5. FORM AND MANNER OF PERFORMING THE ELECTRONIC NOTARIAL ACT. (A) WHEN
PERFORMING AN ELECTRONIC NOTARIAL ACT, A NOTARY PUBLIC SHALL APPLY AN
ELECTRONIC SIGNATURE, WHICH SHALL BE ATTACHED TO OR LOGICALLY ASSOCIATED
WITH THE ELECTRONIC DOCUMENT SUCH THAT REMOVAL OR ALTERATION OF SUCH
ELECTRONIC SIGNATURE IS DETECTABLE AND WILL RENDER EVIDENCE OF ALTER-
ATION OF THE DOCUMENT CONTAINING THE NOTARY SIGNATURE WHICH MAY INVALI-
DATE THE ELECTRONIC NOTARIAL ACT.
(B) THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE IS DEEMED TO BE RELIABLE
IF THE FOLLOWING REQUIREMENTS ARE MET: (I) IT IS UNIQUE TO THE NOTARY
PUBLIC;
(II) IT IS CAPABLE OF INDEPENDENT VERIFICATION;
(III) IT IS RETAINED UNDER THE NOTARY PUBLIC'S SOLE CONTROL;
(IV) IT IS ATTACHED TO OR LOGICALLY ASSOCIATED WITH THE ELECTRONIC
DOCUMENT; AND
(V) IT IS LINKED TO THE DATA IN SUCH A MANNER THAT ANY SUBSEQUENT
ALTERATIONS TO THE UNDERLYING DOCUMENT ARE DETECTABLE AND MAY INVALIDATE
THE ELECTRONIC NOTARIAL ACT.
(C) THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE SHALL BE USED ONLY FOR
THE PURPOSE OF PERFORMING ELECTRONIC NOTARIAL ACTS.
(D) THE REMOTE ONLINE NOTARIAL CERTIFICATE FOR AN ELECTRONIC NOTARIAL
ACT SHALL STATE THAT THE PERSON MAKING THE ACKNOWLEDGEMENT OR MAKING THE
OATH APPEARED REMOTELY ONLINE.
(E) THE SECRETARY SHALL ADOPT RULES NECESSARY TO ESTABLISH STANDARDS,
PROCEDURES, PRACTICES, FORMS, AND RECORDS RELATING TO A NOTARY PUBLIC'S
ELECTRONIC SIGNATURE. THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE SHALL
CONFORM TO ANY STANDARDS ADOPTED BY THE SECRETARY.
6. RECORDING OF AN ELECTRONIC RECORD. (A) IF OTHERWISE REQUIRED BY
LAW AS A CONDITION FOR RECORDING THAT A DOCUMENT BE AN ORIGINAL DOCU-
MENT, PRINTED ON PAPER OR ANOTHER TANGIBLE MEDIUM, OR BE IN WRITING, THE
REQUIREMENT IS SATISFIED BY PAPER COPY OF AN ELECTRONIC RECORD THAT
COMPLIES WITH THE REQUIREMENTS OF THIS SECTION.
S. 4352--B 4
(B) IF OTHERWISE REQUIRED BY LAW AS A CONDITION FOR RECORDING, THAT A
DOCUMENT BE SIGNED, THE REQUIREMENT IS SATISFIED BY AN ELECTRONIC SIGNA-
TURE.
(C) A REQUIREMENT THAT A DOCUMENT OR A SIGNATURE ASSOCIATED WITH A
DOCUMENT BE NOTARIZED, ACKNOWLEDGED, VERIFIED, WITNESSED, OR MADE UNDER
OATH IS SATISFIED IF THE ELECTRONIC SIGNATURE OF THE PERSON AUTHORIZED
TO PERFORM THAT ACT, AND ALL OTHER INFORMATION REQUIRED TO BE INCLUDED,
IS ATTACHED TO OR LOGICALLY ASSOCIATED WITH THE DOCUMENT OR SIGNATURE. A
PHYSICAL OR ELECTRONIC IMAGE OF A STAMP, IMPRESSION, OR SEAL NEED NOT
ACCOMPANY AN ELECTRONIC SIGNATURE IF THE NOTARY HAS ATTACHED AN ELEC-
TRONIC NOTARIAL CERTIFICATE THAT MEETS THE REQUIREMENTS OF THIS SECTION.
7. CHANGE OF E-MAIL ADDRESS. WITHIN FIVE DAYS AFTER THE CHANGE OF AN
ELECTRONIC NOTARY PUBLIC'S E-MAIL ADDRESS, THE NOTARY PUBLIC SHALL ELEC-
TRONICALLY TRANSMIT TO THE SECRETARY OF STATE A NOTICE OF THE CHANGE,
SIGNED WITH THE NOTARY PUBLIC'S OFFICIAL ELECTRONIC SIGNATURE.
§ 2. Section 136 of the executive law, as amended by chapter 143 of
the laws of 1991, is amended to read as follows:
§ 136. Notarial fees. A notary public shall be entitled to [the
following] fees[:
1. For administering an oath or affirmation, and certifying the same
when required, except where another fee is specifically prescribed by
statute, two dollars.
2. For taking and certifying the acknowledgment or proof of execution
of a written instrument, by one person, two dollars, and by each addi-
tional person, two dollars, for swearing each witness thereto, two
dollars], INCLUDING FOR ELECTRONIC NOTARIAL SERVICES, AS AUTHORIZED BY
THE SECRETARY OF STATE.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made on or before
such effective date.
