S T A T E O F N E W Y O R K
________________________________________________________________________
399--A
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. ROZIC, DE LA ROSA, FAHY, SEAWRIGHT, OTIS, SIMON,
HUNTER, BUTTENSCHON, STECK, MONTESANO -- Multi-Sponsored by -- M. of
A. ENGLEBRIGHT -- read once and referred to the Committee on Govern-
mental Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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) "COMMUNICATION
TECHNOLOGY" MEANS AN ELECTRONIC DEVICE OR PROCESS THAT: (I) ALLOWS A
NOTARY PUBLIC AND A REMOTELY LOCATED INDIVIDUAL TO COMMUNICATE WITH EACH
OTHER SIMULTANEOUSLY BY SIGHT AND SOUND; AND (II) WHEN NECESSARY AND
CONSISTENT WITH OTHER APPLICABLE LAW, FACILITATES COMMUNICATION WITH A
REMOTELY LOCATED INDIVIDUAL WHO HAS A VISION, HEARING, OR SPEECH IMPAIR-
MENT.
(B) "ELECTRONIC" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVI-
SION ONE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
(C) "ELECTRONIC DOCUMENT" MEANS INFORMATION THAT IS CREATED, GENER-
ATED, SENT, COMMUNICATED, RECEIVED OR STORED BY ELECTRONIC MEANS.
(D) "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.
(E) "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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03271-07-1
A. 399--A 2
(F) "ELECTRONIC SIGNATURE" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SUBDIVISION THREE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY
LAW.
(G) "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.
(H) "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.
(I) "REMOTELY LOCATED INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS NOT IN
THE PHYSICAL PRESENCE OF THE NOTARY PUBLIC AT THE TIME OF THE NOTARIAL
ACT.
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, AN
ELECTRONIC NOTARIZATION CONDUCTED UTILIZING COMMUNICATION TECHNOLOGY
SHALL MEET THE FOLLOWING STANDARDS:
(I) THE SIGNAL TRANSMISSION SHALL BE SECURE FROM INTERCEPTION THROUGH
LAWFUL MEANS BY ANYONE OTHER THAN THE PERSONS COMMUNICATING;
(II) THE SIGNAL TRANSMISSION SHALL BE LIVE, IN REAL TIME; AND
(III) THE TECHNOLOGY SHALL PERMIT THE NOTARY TO COMMUNICATE WITH AND
IDENTIFY THE REMOTELY LOCATED INDIVIDUAL AT THE TIME OF THE NOTARIAL
ACT, PROVIDED THAT SUCH IDENTIFICATION IS CONFIRMED BY:
(A) PERSONAL KNOWLEDGE;
(B) AN ANTECEDENT IN-PERSON IDENTITY VERIFICATION PROCESS IN ACCORD-
ANCE WITH THE SPECIFICATIONS OF THE FEDERAL BRIDGE CERTIFICATION AUTHOR-
ITY; OR
(C) EACH OF THE FOLLOWING: (1) REMOTE PRESENTATION BY THE PERSON
CREATING THE ELECTRONIC SIGNATURE OF A GOVERNMENT ISSUED IDENTIFICATION
CREDENTIAL, INCLUDING SUCH PERSON'S PASSPORT OR DRIVER'S LICENSE, THAT
CONTAINS THE SIGNATURE AND A PHOTOGRAPH OF SUCH PERSON; (2) CREDENTIAL
ANALYSIS; AND (3) IDENTITY PROOFING.
(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) 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
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.
A. 399--A 3
(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. (A) ANY NOTARIAL ACT AUTHORIZED
BY SECTION ONE HUNDRED THIRTY-FIVE OF THIS ARTICLE MAY BE PERFORMED
ELECTRONICALLY AS PRESCRIBED BY THIS SECTION IF: (I) UNDER APPLICABLE
LAW THAT DOCUMENT MAY BE SIGNED WITH AN ELECTRONIC SIGNATURE; AND (II)
THE ELECTRONIC NOTARY PUBLIC IS LOCATED WITHIN THE STATE AT THE TIME OF
THE PERFORMANCE OF AN ELECTRONIC NOTARIAL ACT USING COMMUNICATION TECH-
NOLOGY, REGARDLESS OF THE LOCATION OF THE DOCUMENT SIGNER.
(B) AN ELECTRONIC NOTARIAL ACT PERFORMED USING COMMUNICATION TECHNOLO-
GY PURSUANT TO THIS SECTION SATISFIES ANY REQUIREMENT OF LAW OF THIS
STATE THAT A DOCUMENT SIGNER PERSONALLY APPEAR BEFORE, BE IN THE PRES-
ENCE OF, OR BE IN A SINGLE TIME AND PLACE WITH A NOTARY PUBLIC AT THE
TIME OF THE PERFORMANCE OF THE NOTARIAL ACT.
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
A. 399--A 4
REQUIREMENT IS SATISFIED BY PAPER COPY OF AN ELECTRONIC RECORD THAT
COMPLIES WITH THE REQUIREMENTS OF THIS SECTION.
(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.