Bill Text: NY A04076 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to providing for electronic notarization; authorizes the use of video and audio conference technology in identifying individuals for electronic notarization.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2020-02-11 - print number 4076b [A04076 Detail]
Download: New_York-2019-A04076-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4076--B 2019-2020 Regular Sessions IN ASSEMBLY February 1, 2019 ___________ Introduced by M. of A. ROZIC -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Governmental Operations in accordance with Assembly Rule 3, sec. 2 -- 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: 1 Section 1. The executive law is amended by adding a new section 137-a 2 to read as follows: 3 § 137-a. Electronic notarization. 1. Definitions. (a) "Electronic" 4 shall have the same meaning as set forth in subdivision one of section 5 three hundred two of the state technology law. 6 (b) "Electronic document" means information that is created, gener- 7 ated, sent, communicated, received or stored by electronic means. 8 (c) "Electronic notarial act" means an official act by a notary public 9 on or involving an electronic document and using means authorized by the 10 secretary of state. 11 (d) "Electronic notary public" or "electronic notary" means a notary 12 public who has registered with the secretary of state the capability of 13 performing electronic notarial acts. 14 (e) "Electronic signature" shall have the same meaning as set forth in 15 subdivision three of section three hundred two of the state technology 16 law. 17 (f) "Electronic notarial statement of authority" means the portion of 18 a notarized electronic document that is completed by a notary public and 19 contains the notary public's electronic signature and all information 20 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. LBD01369-04-0A. 4076--B 2 1 (g) "Notary electronic signature" means those forms of electronic 2 signature, which have been approved by the secretary of state as an 3 acceptable means for an electronic notary to affix the notary public's 4 official signature to an electronic record that is being notarized. 5 2. Identifying document signers. (a) The methods for identifying 6 document signers for an electronic notarization shall be the same as the 7 methods required for a paper-based notarization; provided, however, in 8 the case of an electronic notarization, such methods may be based on 9 video and audio conference technology that meet the following standards: 10 (i) the persons communicating shall simultaneously see and speak to 11 one another; 12 (ii) the signal transmission shall be in live, real time; 13 (iii) the signal transmission shall be secure from interception 14 through lawful means by anyone other than the persons communicating; and 15 (iv) the technology shall permit the notary to communicate with and 16 identify the document signer at the time of the notarial act, provided 17 that such identification is confirmed by: 18 (A) personal knowledge; 19 (B) an antecedent in-person identity proofing process in accordance 20 with the specifications of the Federal Bridge Certification Authority; 21 or 22 (C) a valid digital certificate accessed by biometric data or by use 23 of an interoperable Personal Identity Verification card that is 24 designed, issued, and managed in accordance with the specifications 25 published by the National Institute of Standards and Technology in 26 Federal Information Processing Standards Publication 201-1, "Personal 27 Identity Verification (PIV) of Federal Employees and Contractors", and 28 supplements thereto or revisions thereof, including the specifications 29 published by the Federal Chief Information Officers Council in "Personal 30 Identity Verification Interoperability for Non-Federal Issuers". 31 (b) If video and audio conference technology has been used to ascer- 32 tain a document signer's identity, the electronic notary shall keep a 33 copy of the recording of the video and audio conference and a notation 34 of the type of any other identification used. The recording shall be 35 maintained for a period of at least ten years from the date of trans- 36 action. 37 (c) In addition to the methods described in paragraphs (a) and (b) of 38 this subdivision, identity may be verified by: (i) the remote online 39 notary public's personal knowledge of the person creating the electronic 40 signature; or 41 (ii) each of the following: (A) remote presentation by the person 42 creating the electronic signature of a government-issued identification 43 credential, including a passport or driver's license, that contains the 44 signature and a photograph of the person; (B) credential analysis; and 45 (C) identity proofing. 46 (d) For purposes of this subdivision: (i) "credential analysis" means 47 a process or service that meets the standards established by the secre- 48 tary of state through which a third person affirms the validity of a 49 government-issued identification credential through review of public and 50 proprietary data sources; and 51 (ii) "identity proofing" means a process or service operating accord- 52 ing to standards established by the secretary of state through which a 53 third person affirms the identity of an individual: (A) by means of 54 dynamic knowledge based authentication such as a review of personal 55 information from public or proprietary data sources; or (B) by means ofA. 4076--B 3 1 analysis of biometric data such as, but not limited to, facial recogni- 2 tion, voiceprint analysis, or fingerprint analysis. 3 3. Registration requirements. (a) Before performing any electronic 4 notarial act or acts, a notary public shall register the capability to 5 notarize electronically with the secretary of state on a form prescribed 6 by the secretary of state. 7 (b) In registering the capability to perform electronic notarial acts, 8 the notary public shall provide the following information to the secre- 9 tary of state, notary processing unit: 10 (i) the applicant's name as currently commissioned and complete mail- 11 ing address; 12 (ii) the expiration date of the notary public's commission and signa- 13 ture of the commissioned notary public; 14 (iii) the applicant's e-mail address; 15 (iv) the description of the electronic technology or technologies to 16 be used in attaching the notary public's electronic signature to the 17 electronic document; and 18 (v) an exemplar of the notary public's electronic signature, which 19 shall contain the notary public's name and any necessary instructions or 20 techniques that allow the notary public's electronic signature to be 21 read. 22 4. Types of electronic notarial acts. Any notarial act authorized by 23 section one hundred thirty-five of this article may be performed elec- 24 tronically as prescribed by this section if under applicable law that 25 document may be signed with an electronic signature. 26 5. Form and manner of performing the electronic notarial act. (a) When 27 performing an electronic notarial act, a notary public shall apply an 28 electronic signature, which shall be attached to or logically associated 29 with the electronic document such that removal or alteration of such 30 electronic signature is detectable and will render evidence of alter- 31 ation of the document containing the notary signature which may invali- 32 date the electronic notarial act. 33 (b) The notary public's electronic signature is deemed to be reliable 34 if the following requirements are met: (i) it is unique to the notary 35 public; 36 (ii) it is capable of independent verification; 37 (iii) it is retained under the notary public's sole control; 38 (iv) it is attached to or logically associated with the electronic 39 document; and 40 (v) it is linked to the data in such a manner that any subsequent 41 alterations to the underlying document are detectable and may invalidate 42 the electronic notarial act. 43 (c) The notary public's electronic signature shall be used only for 44 the purpose of performing electronic notarial acts. 45 (d) The remote online notarial certificate for an electronic notarial 46 act shall state that the person making the acknowledgement or making the 47 oath appeared remotely online. 48 (e) The secretary shall adopt rules necessary to establish standards, 49 procedures, practices, forms, and records relating to a notary public's 50 electronic signature. The notary public's electronic signature shall 51 conform to any standards adopted by the secretary. 52 6. Recording of an electronic record. (a) If otherwise required by 53 law as a condition for recording that a document be an original docu- 54 ment, printed on paper or another tangible medium, or be in writing, the 55 requirement is satisfied by paper copy of an electronic record that 56 complies with the requirements of this section.A. 4076--B 4 1 (b) If otherwise required by law as a condition for recording, that a 2 document be signed, the requirement is satisfied by an electronic signa- 3 ture. 4 (c) A requirement that a document or a signature associated with a 5 document be notarized, acknowledged, verified, witnessed, or made under 6 oath is satisfied if the electronic signature of the person authorized 7 to perform that act, and all other information required to be included, 8 is attached to or logically associated with the document or signature. A 9 physical or electronic image of a stamp, impression, or seal need not 10 accompany an electronic signature if the notary has attached an elec- 11 tronic notarial certificate that meets the requirements of this section. 12 7. Change of e-mail address. Within five days after the change of an 13 electronic notary public's e-mail address, the notary public shall elec- 14 tronically transmit to the secretary of state a notice of the change, 15 signed with the notary public's official electronic signature. 16 § 2. Section 136 of the executive law, as amended by chapter 143 of 17 the laws of 1991, is amended to read as follows: 18 § 136. Notarial fees. A notary public shall be entitled to [the19following] fees[:201. For administering an oath or affirmation, and certifying the same21when required, except where another fee is specifically prescribed by22statute, two dollars.232. For taking and certifying the acknowledgment or proof of execution24of a written instrument, by one person, two dollars, and by each addi-25tional person, two dollars, for swearing each witness thereto, two26dollars], including for electronic notarial services, as authorized by 27 the secretary of state. 28 § 3. This act shall take effect on the ninetieth day after it shall 29 have become a law. Effective immediately, the addition, amendment and/or 30 repeal of any rule or regulation necessary for the implementation of 31 this act on its effective date are authorized to be made on or before 32 such effective date.
