S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8691
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  providing  for  elec-
   tronic  notarization and to amend a chapter of the laws of 2021 amend-
   ing the executive law relating to providing for  electronic  notariza-
   tion, as proposed in legislative bills numbers S. 1780-c and A. 399-b,
   in relation to the effectiveness thereof; and providing for the repeal
   of certain provisions upon expiration thereof
 
   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  135-c
 to read as follows:
   §  135-C.  REMOTE  INK  NOTARIZATION.  1. DEFINITIONS. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   (A) "COMMUNICATION TECHNOLOGY" MEANS BEING  ABLE  TO  SEE,  HEAR,  AND
 COMMUNICATE WITH ANOTHER INDIVIDUAL IN REAL TIME USING ELECTRONIC MEANS.
   (B)  "CREDENTIAL"  MEANS  THE  DATA,  OR GOVERNMENT ISSUED OR APPROVED
 PHYSICAL OBJECT UPON WHICH THE DATA MAY RESIDE, THAT INCLUDES THE  PRIN-
 CIPAL'S PHOTOGRAPH, SIGNATURE, AND MULTIPLE CREDENTIAL SECURITY FEATURES
 SUCH  AS:  A HOLOGRAPHIC IMAGE, RAISED OR TEXTURED PRINT, MICROPRINTING,
 LASER ENGRAVING, OPTICAL VARIABLE INK, LONG LIFE MULTI-LAYER PET (POLYE-
 THYLENE  TEREPHTHALATE)/PVC   (POLYVINYL   CHLORIDE)   CREDENTIAL   BODY
 CONSTRUCTION,  THE  ISSUING  AGENCY'S  SEAL,  OR THE CREDENTIAL HOLDER'S
 PHYSICAL CHARACTERISTICS (SUCH AS HEIGHT, EYE COLOR, HAIR COLOR).
   (C) "CREDENTIAL ANALYSIS" MEANS A PROCESS OR SERVICE  WHICH  AUTHENTI-
 CATES  A CREDENTIAL THROUGH REVIEW OF PUBLIC AND PROPRIETARY DATA SOURC-
 ES, AND COMPLIES WITH THE FOLLOWING CRITERIA:
   (I) USES AUTOMATED SOFTWARE PROCESSES TO  AID  THE  NOTARY  PUBLIC  IN
 VERIFYING THE IDENTITY OF A REMOTELY LOCATED INDIVIDUAL;
   (II) ENSURES THAT THE CREDENTIAL PASSES AN AUTHENTICITY TEST, CONSIST-
 ENT WITH SOUND COMMERCIAL PRACTICES THAT:
   (1)  USES APPROPRIATE TECHNOLOGIES TO CONFIRM THE INTEGRITY OF VISUAL,
 PHYSICAL, OR CRYPTOGRAPHIC SECURITY FEATURES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03271-12-2
              

 A. 8691                             2
 
   (2) USES APPROPRIATE TECHNOLOGIES TO CONFIRM THAT  THE  IDENTIFICATION
 CREDENTIAL IS NOT FRAUDULENT OR INAPPROPRIATELY MODIFIED;
   (3)  USES  INFORMATION  HELD  OR PUBLISHED BY THE ISSUING SOURCE OR AN
 AUTHORITATIVE SOURCE, AS AVAILABLE, TO CONFIRM THE VALIDITY OF  PERSONAL
 DETAILS AND IDENTIFICATION CREDENTIAL DETAILS; AND
   (III) PROVIDES OUTPUT OF THE CREDENTIAL ANALYSIS TO THE NOTARY PUBLIC;
 AND
   (IV)  ENABLES THE NOTARY PUBLIC TO VISUALLY COMPARE THE CREDENTIAL AND
 THE REMOTELY LOCATED INDIVIDUAL AS VIEWED BY THE NOTARY PUBLIC  IN  REAL
 TIME THROUGH COMMUNICATION TECHNOLOGY.
   (D)  "ELECTRONIC"  SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION
 THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   (E) "ELECTRONIC RECORD" MEANS INFORMATION EVIDENCING ANY  ACT,  TRANS-
 ACTION, OCCURRENCE, EVENT OR OTHER ACTIVITY, PRODUCED OR STORED BY ELEC-
 TRONIC MEANS AND CAPABLE OF BEING ACCURATELY REPRODUCED IN FORMS PERCEP-
 TIBLE BY HUMAN SENSORY CAPABILITIES.
   (F) "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, SYMBOL, OR PROC-
 ESS,  ATTACHED  TO OR LOGICALLY ASSOCIATED WITH AN ELECTRONIC RECORD AND
 EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE RECORD.
   (G) "IDENTITY PROOFING" MEANS A PROCESS OR  SERVICE  THROUGH  WHICH  A
 THIRD  PARTY  CONFIRMS  THE  IDENTITY  OF  A PRINCIPAL THROUGH REVIEW OF
 PERSONAL INFORMATION FROM PUBLIC AND PROPRIETARY DATA SOURCES AS MAY  BE
 FURTHER DEFINED BY REGULATION.
   (H)  "NOTARIAL  ACT"  MEANS  THE  PERFORMANCE  OF AN ACT AUTHORIZED BY
 SECTION ONE HUNDRED THIRTY-FIVE OF THIS ARTICLE.
   (I) "PRINCIPAL" MEANS AN INDIVIDUAL:
   (I) WHOSE SIGNATURE IS REFLECTED ON A RECORD THAT IS NOTARIZED;
   (II) WHO HAS TAKEN AN OATH OR AFFIRMATION  ADMINISTERED  BY  A  NOTARY
 PUBLIC; OR
   (III) WHOSE SIGNATURE IS REFLECTED ON A RECORD THAT IS NOTARIZED AFTER
 THE INDIVIDUAL HAS TAKEN AN OATH OR AFFIRMATION ADMINISTERED BY A NOTARY
 PUBLIC.
   (J)  "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
 PERCEIVABLE FORM.
   (K) "REMOTE NOTARIZATION" MEANS THE ACT OF PERFORMING ANY NOTARIAL ACT
 THAT IS AUTHORIZED UNDER SECTION ONE HUNDRED THIRTY-FIVE OF THIS ARTICLE
 WHERE A PRINCIPAL WHO IS NOT IN THE  PHYSICAL  PRESENCE  OF  THE  NOTARY
 PUBLIC OBTAINS A NOTARIAL ACT UNDER SUBDIVISION TWO OF THIS SECTION.
   (L)  "REMOTE PRESENTATION" MEANS DISPLAY OF A CREDENTIAL TO THE NOTARY
 PUBLIC THROUGH COMMUNICATION TECHNOLOGY IN  A  MANNER  THAT  ALLOWS  THE
 NOTARY  PUBLIC  TO  COMPARE THE PRINCIPAL TO THE CREDENTIAL FACIAL IMAGE
 AND TO EXAMINE THE FRONT AND BACK OF ANY CREDENTIAL.
   (M) "WET SIGNATURE" MEANS A SIGNATURE AFFIXED IN INK TO A PAPER  DOCU-
 MENT.
   (N) "OUTSIDE THE UNITED STATES" MEANS A LOCATION OUTSIDE THE GEOGRAPH-
 IC  BOUNDARIES  OF  THE  UNITED  STATES,  PUERTO RICO, THE UNITED STATES
 VIRGIN ISLANDS, AND ANY TERRITORY, INSULAR POSSESSION, OR OTHER LOCATION
 SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
   2. ANY NOTARY PUBLIC QUALIFIED UNDER THIS ARTICLE IS HEREBY AUTHORIZED
 TO PERFORM A REMOTE NOTARIZATION BY UTILIZING  COMMUNICATION  TECHNOLOGY
 THAT  ALLOWS  THE  NOTARY  PUBLIC TO INTERACT WITH A PRINCIPAL, PROVIDED
 THAT ALL CONDITIONS OF THIS SUBDIVISION ARE MET.
   (A) THE NOTARY PUBLIC MUST VERIFY THE IDENTITY OF THE PRINCIPAL  IN  A
 MANNER  CONSISTENT  WITH  THE  REQUIREMENTS OF SUBDIVISION THREE OF THIS
 SECTION.  A NOTARY PUBLIC MAY REQUIRE AN  INDIVIDUAL  TO  PROVIDE  ADDI-
 A. 8691                             3
 
 TIONAL INFORMATION OR IDENTIFICATION CREDENTIALS NECESSARY TO ASSURE THE
 NOTARY PUBLIC OF THE IDENTITY OF THE PRINCIPAL.
   (B)  THE COMMUNICATION TECHNOLOGY CONFERENCE MUST ALLOW FOR REAL-TIME,
 DIRECT INTERACTION BETWEEN THE PRINCIPAL AND THE NOTARY PUBLIC.
   (C) THE AUDIO-VIDEO COMMUNICATION TECHNOLOGY MUST  PROVIDE  REASONABLE
 SECURITY  MEASURES  TO  PREVENT UNAUTHORIZED ACCESS TO THE COMMUNICATION
 TECHNOLOGY AND TO THE METHODS USED TO VERIFY THE IDENTITY OF THE PRINCI-
 PAL.
   (D) A RECORDING, CONTAINING BOTH AUDIO AND VIDEO, OF THE REMOTE NOTAR-
 IZATION MUST BE RETAINED BY THE NOTARY PUBLIC FOR AT LEAST TEN YEARS.
   (E) THE NOTARY PUBLIC MUST TAKE REASONABLE  STEPS  TO  ENSURE  THAT  A
 BACKUP OF THE RECORDING OF THE REMOTE NOTARIZATION EXISTS AND IS SECURED
 FROM  UNAUTHORIZED  USE.  A NOTARY PUBLIC MAY AUTHORIZE A THIRD PARTY TO
 RETAIN SUCH RECORDINGS ON  BEHALF  OF  THE  NOTARY,  PROVIDED  THAT  ALL
 RECORDINGS  RETAINED BY A THIRD PARTY BE MADE AVAILABLE TO THE SECRETARY
 UPON REQUEST.
   (F) THE NOTARY PUBLIC IS ABLE REASONABLY  TO  CONFIRM  THAT  A  RECORD
 BEFORE  THE NOTARY PUBLIC IS THE SAME RECORD IN WHICH THE PRINCIPAL MADE
 A STATEMENT OR ON WHICH THE PRINCIPAL EXECUTED A SIGNATURE.
   (G) FOR REMOTE NOTARIZATION INVOLVING PAPER DOCUMENTS,  THE  PRINCIPAL
 MAY  TRANSMIT  BY  MAIL, FAX OR ELECTRONIC MEANS A LEGIBLE SIGNED RECORD
 DIRECTLY TO THE NOTARY PUBLIC, AND THE PRINCIPAL MAY APPEAR  BEFORE  THE
 NOTARY  PUBLIC BY MEANS OF COMMUNICATION TECHNOLOGY TO PERFORM THE NOTA-
 RIAL ACT IN ACCORDANCE WITH THIS SECTION. THE NOTARY PUBLIC MAY NOTARIZE
 THE RECORD WITHIN A REASONABLE TIME AND TRANSMIT THE RECORD BACK TO  THE
 PRINCIPAL  BY  MAIL,  FAX  OR SECURE ELECTRONIC MEANS. AN ELECTRONICALLY
 TRANSMITTED DOCUMENT NOTARIZED  PURSUANT  TO  THIS  PARAGRAPH  SHALL  BE
 CONSIDERED AN ORIGINAL DOCUMENT.
   (H) THE NOTARY PUBLIC MUST BE PHYSICALLY SITUATED IN NEW YORK STATE AT
 THE  TIME  OF  THE REMOTE NOTARIZATION. THE PRINCIPAL MAY BE SITUATED IN
 NEW YORK, OUTSIDE OF NEW YORK BUT INSIDE THE UNITED STATES,  OR  OUTSIDE
 THE UNITED STATES, PROVIDED:
   (1)  THE  RECORD  IS  TO BE FILED WITH OR RELATES TO A MATTER BEFORE A
 PUBLIC OFFICIAL OR COURT, GOVERNMENTAL ENTITY, OR OTHER  ENTITY  SUBJECT
 TO THE JURISDICTION OF THE UNITED STATES; OR
   (2)  THE RECORD INVOLVES PROPERTY LOCATED IN THE TERRITORIAL JURISDIC-
 TION OF THE  UNITED  STATES  OR  INVOLVES  A  TRANSACTION  SUBSTANTIALLY
 CONNECTED WITH THE UNITED STATES.
   (I) THE NOTARY PUBLIC MUST MAINTAIN A JOURNAL OF EACH REMOTE NOTARIZA-
 TION  PERFORMED  PURSUANT  TO  THIS SECTION, WHICH UPON DEMAND, SHALL BE
 SUBJECT TO INSPECTION BY THE SECRETARY OF STATE. THE JOURNAL REQUIRED BY
 THIS SUBDIVISION SHALL BE MAINTAINED BY EACH NOTARY PUBLIC FOR  AS  LONG
 AS  SUCH NOTARY PUBLIC REMAINS IN OFFICE AND THEN FOR AN ADDITIONAL FIVE
 YEARS THEREAFTER.  EACH JOURNAL ENTRY SHALL:
   (1) BE MADE CONTEMPORANEOUSLY WITH THE  PERFORMANCE  OF  THE  NOTARIAL
 ACT;
   (2) INDICATE THE DATE AND APPROXIMATE TIME OF THE NOTARIAL ACT;
   (3) INDICATE THE NAME OF THE PRINCIPAL;
   (4) INDICATE THE TECHNOLOGY USED TO PERFORM THE REMOTE NOTARIZATION;
   (5) INDICATE THE NUMBER AND TYPE OF NOTARIAL SERVICES PROVIDED; AND
   (6) INDICATE THE TYPE OF CREDENTIAL USED TO IDENTIFY THE PRINCIPAL.
   3.  THE NOTARY PUBLIC MUST BE ABLE TO VERIFY THE IDENTITY OF THE PRIN-
 CIPAL AT THE TIME THE NOTARIAL ACT IS PROVIDED BY ONE OF  THE  FOLLOWING
 METHODS:
   (A) THE NOTARY PUBLIC'S PERSONAL KNOWLEDGE OF THE PRINCIPAL; OR
 A. 8691                             4
 
   (B)  IDENTIFICATION  OF  THE PRINCIPAL WHO APPEARS REMOTELY BEFORE THE
 NOTARY BY MEANS OF COMMUNICATION TECHNOLOGY BY EACH OF THE FOLLOWING:
   (I) REMOTE PRESENTATION BY THE PRINCIPAL OF A CREDENTIAL;
   (II) CREDENTIAL ANALYSIS; AND
   (III) IDENTITY PROOFING OF THE PRINCIPAL; OR
   (C) OATH OR AFFIRMATION OF A CREDIBLE WITNESS WHO PERSONALLY KNOWS THE
 PRINCIPAL AND WHO IS EITHER PERSONALLY KNOWN TO THE NOTARY PUBLIC OR WHO
 IS  IDENTIFIED BY THE NOTARY PUBLIC UNDER PARAGRAPH (B) OF THIS SUBDIVI-
 SION.
   4. NOTWITHSTANDING ARTICLE NINE OF THE REAL PROPERTY LAW OR ANY  OTHER
 LAW  TO  THE CONTRARY, ANY ACT PERFORMED IN CONFORMITY WITH THIS SECTION
 SHALL SATISFY ANY REQUIREMENTS AT LAW THAT A PRINCIPAL PERSONALLY APPEAR
 BEFORE, BE IN THE PRESENCE OF, OR BE IN A SINGLE TIME AND PLACE  WITH  A
 NOTARY PUBLIC AT THE TIME OF THE PERFORMANCE OF THE NOTARIAL ACT, UNLESS
 A LAW EXPRESSLY EXCLUDES THE AUTHORIZATION PROVIDED FOR IN THIS SECTION.
   5.  ANY  PERSON  WHO SUFFERS ACTUAL DAMAGES AS A RESULT OF A PRINCIPAL
 WHO VIOLATES ANY OF THE PROVISIONS OF THIS SECTION, SHALL HAVE  A  CIVIL
 CAUSE  OF  ACTION  AGAINST  ANY  SUCH  PRINCIPAL IN A COURT OF COMPETENT
 JURISDICTION.
   6. THE SECRETARY OF  STATE  MAY  PROMULGATE  REGULATIONS  ESTABLISHING
 MINIMUM STANDARDS THAT RELATE TO REASONABLE SECURITY MEASURES TO PREVENT
 UNAUTHORIZED  ACCESS TO COMMUNICATION TECHNOLOGY AND TO THE METHODS USED
 TO VERIFY THE IDENTITY OF THE PRINCIPAL, REQUIREMENTS RELATED TO THE USE
 AND VERIFICATION OF AN  ELECTRONIC  SIGNATURE,  AND  ANY  OTHER  MATTERS
 NECESSARY TO ADMINISTER THE PROVISIONS OF THIS SECTION.
   7.  PURSUANT TO SECTION ONE HUNDRED THIRTY OF THIS ARTICLE, THE SECRE-
 TARY OF STATE MAY SUSPEND OR REMOVE FROM OFFICE ANY NOTARY  PUBLIC  THAT
 VIOLATES THIS SECTION.
   8. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A NOTA-
 RY  PUBLIC  TO USE AN ELECTRONIC SIGNATURE TO PERFORM A REMOTE NOTARIZA-
 TION. A REMOTE NOTARIZATION MAY BE COMPLETED BY WET SIGNATURE  OR  ELEC-
 TRONIC SIGNATURE.
   (B)  WHEN  PERFORMING  A REMOTE NOTARIZATION RELATING TO AN ELECTRONIC
 RECORD, A NOTARY PUBLIC SHALL APPLY AN ELECTRONIC SIGNATURE THAT IS: (I)
 UNIQUE TO THE NOTARY PUBLIC; (II) CAPABLE OF  INDEPENDENT  VERIFICATION;
 (III)  RETAINED UNDER THE NOTARY PUBLIC'S SOLE CONTROL; (IV) ATTACHED OR
 LOGICALLY ASSOCIATED WITH THE ELECTRONIC RECORD; AND (V) LINKED  TO  THE
 DATA  IN SUCH A MANNER THAT ANY SUBSEQUENT ALTERATIONS TO THE UNDERLYING
 ELECTRONIC RECORD ARE DETECTABLE AND MAY INVALIDATE THE NOTARIAL ACT.
   (C) A COUNTY CLERK MAY CERTIFY PURSUANT TO SECTION ONE  HUNDRED  THIR-
 TY-THREE  OF  THIS ARTICLE THE AUTOGRAPH SIGNATURE OF A NOTARY PUBLIC ON
 ANY RECORD THAT HAS BEEN REMOTELY  NOTARIZED  IN  COMPLIANCE  WITH  THIS
 SECTION.
   9.  A NOTARIAL ACT PERFORMED ACCORDING TO THIS SECTION SHALL CONTAIN A
 STATEMENT ON THE NOTARIAL CERTIFICATE SUBSTANTIALLY  AS  FOLLOWS:  "THIS
 REMOTE NOTARIAL ACT INVOLVED THE USE OF COMMUNICATION TECHNOLOGY."
   10.  NOTWITHSTANDING SECTION ONE HUNDRED THIRTY-SIX OF THIS ARTICLE, A
 NOTARY PUBLIC THAT PERFORMS  A  REMOTE  NOTARIZATION  PURSUANT  TO  THIS
 SECTION SHALL BE ENTITLED TO THE FOLLOWING FEES:
   (A)  FOR ADMINISTERING AN OATH OR AFFIRMATION, AND CERTIFYING THE SAME
 WHEN REQUIRED, EXCEPT WHERE ANOTHER FEE IS  SPECIFICALLY  PRESCRIBED  BY
 STATUTE, FIVE DOLLARS.
   (B) FOR TAKING AND CERTIFYING THE ACKNOWLEDGMENT OR PROOF OF EXECUTION
 OF  A WRITTEN INSTRUMENT, BY ONE PERSON, FIVE DOLLARS, AND BY EACH ADDI-
 TIONAL PERSON, FIVE DOLLARS, FOR SWEARING  EACH  WITNESS  THERETO,  FIVE
 DOLLARS.
 A. 8691                             5
 
   11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING ANY NOTARY
 PUBLIC  TO  PERFORM A REMOTE NOTARIZATION. A NOTARY PUBLIC MAY REFUSE TO
 PERFORM A NOTARIAL ACT IF THE NOTARY PUBLIC IS NOT  SATISFIED  THAT  (I)
 THE  PRINCIPAL  IS COMPETENT OR HAS THE CAPACITY TO EXECUTE A RECORD, OR
 (II) THE PRINCIPAL'S SIGNATURE IS KNOWINGLY AND VOLUNTARILY MADE.
   12. (A) A NOTARY PUBLIC MAY CERTIFY THAT A TANGIBLE COPY OF THE SIGNA-
 TURE  PAGE  AND DOCUMENT TYPE OF AN ELECTRONIC RECORD REMOTELY NOTARIZED
 BY SUCH NOTARY PUBLIC IS AN ACCURATE COPY  OF  SUCH  ELECTRONIC  RECORD.
 SUCH  CERTIFICATION MUST (I) BE DATED AND SIGNED BY THE NOTARY PUBLIC IN
 THE SAME MANNER AS THE OFFICIAL SIGNATURE OF THE NOTARY PUBLIC  PROVIDED
 TO  THE SECRETARY OF STATE PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE OF
 THIS ARTICLE, AND (II) COMPLY WITH SECTION ONE HUNDRED  THIRTY-SEVEN  OF
 THIS ARTICLE.
   (B)  A  COUNTY CLERK, CITY REGISTRAR, OR OTHER RECORDING OFFICER WHERE
 APPLICABLE SHALL ACCEPT FOR RECORDING A TANGIBLE COPY OF  AN  ELECTRONIC
 RECORD  AND  THAT IS OTHERWISE ELIGIBLE TO BE RECORDED UNDER THE LAWS OF
 THIS STATE IF THE RECORD HAS BEEN CERTIFIED BY A NOTARY PUBLIC OR  OTHER
 INDIVIDUAL AUTHORIZED TO PERFORM A NOTARIAL ACT.
   (C)  A CERTIFICATION IN SUBSTANTIALLY THE FOLLOWING FORM IS SUFFICIENT
 FOR THE PURPOSES OF THIS SUBDIVISION:
 
 CERTIFICATE OF AUTHENTICITY
 STATE OF NEW YORK        )
                          ) SS.:
 COUNTY OF ...............)
 ON THIS ...... DAY OF ...... IN THE  YEAR  .....,  I  CERTIFY  THAT  THE
 SIGNATURE  PAGE  OF THE ATTACHED RECORD (ENTITLED ......) (DATED ......)
 IS A TRUE AND CORRECT COPY OF THE SIGNATURES AFFIXED  TO  AN  ELECTRONIC
 RECORD PRINTED BY ME OR UNDER MY SUPERVISION. I FURTHER CERTIFY THAT, AT
 THE  TIME  OF  PRINTING,  NO SECURITY FEATURES PRESENT ON THE ELECTRONIC
 RECORD INDICATED ANY CHANGES OR ERRORS IN AN ELECTRONIC SIGNATURE IN THE
 ELECTRONIC RECORD AFTER ITS CREATION OR EXECUTION.
           (SIGNATURE AND TITLE OF NOTARY PUBLIC)
           (OFFICIAL STAMP OR REGISTRATION NUMBER,  WITH  THE  EXPIRATION
 DATE OF THE NOTARY PUBLIC'S COMMISSION)
 
   §  2. Section 137-a of the executive law, as added by a chapter of the
 laws of 2021, amending the executive law relating to providing for elec-
 tronic notarization, as proposed in legislative bills numbers S.  1780-c
 and A. 399-b, is amended to read as follows:
   § [137-a] 135-C. Electronic notarization. 1.  Definitions. (a) "Commu-
 nication 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  neces-
 sary and consistent with other applicable law, facilitates communication
 with  a remotely located individual who has a vision, hearing, or speech
 impairment.
   (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] RECORD" means information that is created,
 generated, sent, communicated, received or stored by electronic means.
   (d) "Electronic notarial act"  means  an  official  act  by  a  notary
 public,  physically present in the state of New York, on or involving an
 electronic [document] RECORD and using means authorized by the secretary
 of state.
 A. 8691                             6
 
   (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.
   (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) "PRINCIPAL" MEANS AN INDIVIDUAL:
   (I) WHOSE SIGNATURE IS REFLECTED ON A RECORD THAT IS NOTARIZED;
   (II) WHO HAS TAKEN AN OATH OR AFFIRMATION  ADMINISTERED  BY  A  NOTARY
 PUBLIC; OR
   (III) WHOSE SIGNATURE IS REFLECTED ON A RECORD THAT IS NOTARIZED AFTER
 THE INDIVIDUAL HAS TAKEN AN OATH OR AFFIRMATION ADMINISTERED BY A NOTARY
 PUBLIC.
   (H)  "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
 PERCEIVABLE FORM.
   2. [Identifying document signers.] ANY NOTARY PUBLIC  QUALIFIED  UNDER
 THIS  ARTICLE IS HEREBY AUTHORIZED TO PERFORM AN ELECTRONIC NOTARIAL ACT
 BY UTILIZING AUDIO-VIDEO COMMUNICATION TECHNOLOGY THAT ALLOWS THE NOTARY
 PUBLIC TO INTERACT WITH A PRINCIPAL, PROVIDED  THAT  ALL  CONDITIONS  OF
 THIS SECTION ARE MET.
   (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]  NOTARIAL
 ACT  conducted  utilizing communication technology shall meet the stand-
 ards which have been approved through regulation  by  the  secretary  of
 state  as acceptable. Such regulations shall include, but not be limited
 to:
   (i) that the signal transmission shall  be  secure  from  interception
 through lawful means by anyone other than the persons communicating;
   (ii)  that the [signal transmission shall be] COMMUNICATION TECHNOLOGY
 SHALL PERMIT THE NOTARY PUBLIC TO COMMUNICATE WITH THE  PRINCIPAL  live,
 in real time; [and]
   (iii)  that  the  COMMUNICATION  technology shall permit the notary to
 communicate with and identify the remotely  located  individual  at  the
 time of the notarial act; AND
   (IV)  A  STANDARD  THAT  REQUIRES  TWO OR MORE DIFFERENT PROCESSES FOR
 AUTHENTICATING THE IDENTITY OF A REMOTELY LOCATED  INDIVIDUAL  UTILIZING
 TECHNOLOGY  TO  DETECT  AND  DETER  FRAUD,  BUT WHICH MAY ALLOW A NOTARY
 PUBLIC'S PERSONAL  KNOWLEDGE  OF  A  DOCUMENT  SIGNER  TO  SATISFY  SUCH
 REQUIREMENT.
   (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.
   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  [in]  ON  a  form
 prescribed  by  the  secretary  of state AND UPON PAYMENT OF A FEE WHICH
 SHALL BE SET BY REGULATION.
   (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:
 A. 8691                             7
 
   (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] RECORD; 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)  FOR  EXECUTION  OF
 ANY  INSTRUMENT  IN  WRITING,  under applicable law that document may be
 signed with an electronic signature AND THE NOTARY PUBLIC IS  REASONABLY
 ABLE TO CONFIRM THAT SUCH INSTRUMENT IS THE SAME INSTRUMENT IN WHICH THE
 PRINCIPAL  MADE  A STATEMENT OR ON WHICH THE PRINCIPAL EXECUTED A SIGNA-
 TURE; and (ii) the electronic notary public is located within the  state
 of New York at the time of the performance of an electronic notarial act
 using  communication technology, regardless of the location of the docu-
 ment signer. IF THE PRINCIPAL IS OUTSIDE THE UNITED STATES,  THE  RECORD
 OR SUBJECT OF THE NOTARIAL ACT:
   (1)  IS  TO BE FILED WITH OR RELATES TO A MATTER BEFORE A PUBLIC OFFI-
 CIAL OR COURT, GOVERNMENTAL ENTITY,  OR  OTHER  ENTITY  SUBJECT  TO  THE
 JURISDICTION OF THE UNITED STATES; OR
   (2)  SHALL INVOLVE PROPERTY LOCATED IN THE TERRITORIAL JURISDICTION OF
 THE UNITED STATES OR SHALL INVOLVE A TRANSACTION SUBSTANTIALLY CONNECTED
 WITH THE UNITED STATES.
   (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 RELATING TO EXECUTION OF INSTRU-
 MENTS IN WRITING, a notary public shall apply an  electronic  signature,
 which  shall  be  attached to the electronic [document] RECORD such that
 removal or alteration of such electronic  signature  is  detectable  and
 will render evidence of alteration of the document containing the notary
 signature which may invalidate the electronic notarial act.
   (b)  The notary public's electronic signature is deemed to be reliable
 if the standards which have been  approved  through  regulation  by  the
 secretary  of  state  have been met. Such regulations shall include, but
 not be limited to, the requirements that such electronic signature be:
   (i) unique to the notary public;
   (ii) capable of independent verification;
   (iii) retained under the notary public's sole control;
   (iv) attached to the electronic [document] RECORD; and
   (v) linked to the [date] 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.
 A. 8691                             8

   (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] THROUGH USE OF COMMUNICATION TECHNOLOGY.
   (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  document,
 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.
   (b)  If otherwise required by law as a condition for recording, that a
 document be signed, the requirement may be satisfied  by  an  electronic
 signature.
   (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.
   (D) (I) A NOTARY PUBLIC MAY CERTIFY THAT A TANGIBLE COPY OF THE SIGNA-
 TURE  PAGE  AND DOCUMENT TYPE OF AN ELECTRONIC RECORD REMOTELY NOTARIZED
 BY SUCH NOTARY PUBLIC IS AN ACCURATE COPY  OF  SUCH  ELECTRONIC  RECORD.
 SUCH  CERTIFICATION MUST (1) BE DATED AND SIGNED BY THE NOTARY PUBLIC IN
 THE SAME MANNER AS THE OFFICIAL SIGNATURE OF THE NOTARY PUBLIC  PROVIDED
 TO  THE SECRETARY OF STATE PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE OF
 THIS ARTICLE, AND (2) COMPLY WITH SECTION ONE  HUNDRED  THIRTY-SEVEN  OF
 THIS ARTICLE.
   (II)  A COUNTY CLERK, CITY REGISTRAR, OR OTHER RECORDING OFFICER WHERE
 APPLICABLE SHALL ACCEPT FOR RECORDING A TANGIBLE COPY OF  AN  ELECTRONIC
 RECORD  AND  THAT IS OTHERWISE ELIGIBLE TO BE RECORDED UNDER THE LAWS OF
 THIS STATE IF THE RECORD HAS BEEN CERTIFIED BY A NOTARY PUBLIC OR  OTHER
 INDIVIDUAL AUTHORIZED TO PERFORM A NOTARIAL ACT.
   (III)  A  CERTIFICATION  IN SUBSTANTIALLY THE FOLLOWING FORM IS SUFFI-
 CIENT FOR THE PURPOSES OF THIS SUBDIVISION:
 
 CERTIFICATE OF AUTHENTICITY
 STATE OF NEW YORK    )
                      ) SS.:
 COUNTY OF ...........)
 ON THIS ...... DAY OF ...... IN THE YEAR ........, I  CERTIFY  THAT  THE
 SIGNATURE  PAGE  OF THE ATTACHED RECORD (ENTITLED ......) (DATED ......)
 IS A TRUE AND CORRECT COPY OF THE SIGNATURES AFFIXED  TO  AN  ELECTRONIC
 RECORD PRINTED BY ME OR UNDER MY SUPERVISION. I FURTHER CERTIFY THAT, AT
 THE  TIME  OF  PRINTING,  NO SECURITY FEATURES PRESENT ON THE ELECTRONIC
 RECORD INDICATED ANY CHANGES OR ERRORS IN AN ELECTRONIC SIGNATURE IN THE
 ELECTRONIC RECORD AFTER ITS CREATION OR EXECUTION.
           (SIGNATURE AND TITLE OF NOTARY PUBLIC)
           (OFFICIAL STAMP OR REGISTRATION NUMBER,  WITH  THE  EXPIRATION
 DATE OF THE NOTARY PUBLIC'S COMMISSION)
 
   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-
 A. 8691                             9
 
 tronically transmit to the secretary of state a notice  of  the  change,
 signed with the notary public's official electronic signature.
   8.  No  notary  public  or business employing the services of a notary
 public operating in the state of  New  York  shall  exclusively  require
 notarial transactions to utilize electronic notarization.
   9.  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING ANY NOTARY
 PUBLIC TO PERFORM A NOTARIAL ACT USING ELECTRONIC COMMUNICATION TECHNOL-
 OGY. A NOTARY PUBLIC MAY REFUSE TO PERFORM SUCH A NOTARIAL  ACT  IF  THE
 NOTARY  PUBLIC  IS  NOT SATISFIED THAT (A) THE PRINCIPAL IS COMPETENT OR
 HAS THE CAPACITY TO EXECUTE A RECORD, OR (B) THE  PRINCIPAL'S  SIGNATURE
 IS KNOWINGLY AND VOLUNTARILY MADE.
   10. NOTWITHSTANDING ARTICLE NINE OF THE REAL PROPERTY LAW OR ANY OTHER
 LAW  TO  THE CONTRARY, ANY ACT PERFORMED IN CONFORMITY WITH THIS SECTION
 SHALL SATISFY ANY REQUIREMENTS AT LAW THAT A PRINCIPAL PERSONALLY APPEAR
 BEFORE, BE IN THE PRESENCE OF, OR BE IN A SINGLE TIME AND PLACE  WITH  A
 NOTARY PUBLIC AT THE TIME OF THE PERFORMANCE OF THE NOTARIAL ACT, UNLESS
 A LAW EXPRESSLY EXCLUDES THE AUTHORIZATION PROVIDED FOR IN THIS SECTION.
   §  3. Subdivision 3 of section 136 of the executive law, as added by a
 chapter of the laws of 2021, amending  the  executive  law  relating  to
 providing  for electronic notarization, as proposed in legislative bills
 numbers S. 1780-c and A. 399-b, is amended to read as follows:
   3. For electronic  notarial  services,  established  in  section  [one
 hundred thirty-seven-a] ONE HUNDRED THIRTY-FIVE-C of this chapter, a fee
 set through regulation by the secretary of state.
   § 4. Section 137 of the executive law is amended to read as follows:
   § 137. Statement  as  to  authority  of notaries public. In exercising
 [his] powers pursuant to this article, a notary public, in  addition  to
 the  venue  of  [his] THE act and [his] signature OF SUCH NOTARY PUBLIC,
 shall print, typewrite, [or] stamp, OR AFFIX BY ELECTRONIC  MEANS  WHERE
 PERFORMING  AN  ELECTRONIC  NOTARIAL  ACT IN CONFORMITY WITH SECTION ONE
 HUNDRED THIRTY-FIVE-C OF THE EXECUTIVE LAW, beneath [his]  THEIR  signa-
 ture  in  black  ink,  [his] THE NOTARY PUBLIC'S name, the words "Notary
 Public State of New York," the name of the county  in  which  [he]  SUCH
 NOTARY  PUBLIC originally qualified, and the EXPIRATION date [upon which
 his] OF SUCH NOTARY PUBLIC'S  commission  [expires]  and,  in  addition,
 wherever  required,  a  notary public shall also include the name of any
 county in which [his] SUCH NOTARY PUBLIC'S certificate of official char-
 acter is filed, using the words "Certificate filed .......... County." A
 notary public who is duly licensed as an attorney and counsellor at  law
 in  this  state  may [in his discretion,] substitute the words "Attorney
 and Counsellor at Law" for the words "Notary Public."  A  notary  public
 who  has  qualified or who has filed a certificate of official character
 in the office of the clerk in a county or counties within  the  city  of
 New  York  must also affix to each instrument [his] SUCH NOTARY PUBLIC'S
 official number or numbers in black ink, as [given to him]  ASSIGNED  by
 the  clerk  or clerks of such county or counties at the time such notary
 qualified in such county or counties and, if the  instrument  is  to  be
 recorded  in  an  office  of the register of the city of New York in any
 county within such city and the  notary  has  been  given  a  number  or
 numbers  by such register or his predecessors in any county or counties,
 when [his] THE NOTARY PUBLIC'S autographed signature and certificate are
 filed in such office or offices pursuant to this chapter, [he] THE NOTA-
 RY PUBLIC shall also affix such number or numbers. No  official  act  of
 such  notary  public  shall be held invalid on account of the failure to
 comply with these provisions. If  any  notary  public  shall  [wilfully]
 WILLFULLY  fail  to  comply  with any of the provisions of this section,
 A. 8691                            10
 
 [he] THE NOTARY PUBLIC shall be subject to disciplinary  action  by  the
 secretary  of state. In all the courts within this state the certificate
 of a notary public, over [his] THE signature OF THE NOTARY PUBLIC, shall
 be  received  as  presumptive  evidence  of  the facts contained in such
 certificate; provided, that any person interested as a party to  a  suit
 may contradict, by other evidence, the certificate of a notary public.
   §  5. Any recording, backup of such recording, and journal of a remote
 notarization made pursuant to section one of this act must  be  retained
 by the notary public for at least ten years.
   § 6. Section 3 of a chapter of the laws of 2021 amending the executive
 law  relating  to  providing for electronic notarization, as proposed in
 legislative bills numbers S. 1780-c and A. 399-b, is amended to read  as
 follows:
   §  3.  This  act  shall  take effect [on the one hundred eightieth day
 after it shall have become a law] JANUARY 31, 2023. Effective immediate-
 ly, 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.
   § 7. This act shall take effect immediately; provided,  however,  that
 sections  two, three, and five of this act shall take effect on the same
 date and in the same manner as a chapter of the laws  of  2021  amending
 the  executive law relating to providing for electronic notarization, as
 proposed in  legislative  bills  numbers  S.1780-c  and  A.399-b,  takes
 effect;  and  provided further that section one of this act shall expire
 and be deemed repealed on the same date that section  two  of  this  act
 takes effect.