Bill Text: NY S04352 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to providing for electronic notarization; authorizes the use of video and audio conference technology in identifying individuals for electronic notarization.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-07-22 - referred to governmental operations [S04352 Detail]

Download: New_York-2019-S04352-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4352
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 8, 2019
                                       ___________
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        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.
    21    (g)  "Notary  electronic  signature"  means  those forms of electronic
    22  signature, which have been approved by the  secretary  of  state  as  an
    23  acceptable  means  for an electronic notary to affix the notary public's
    24  official signature to an electronic record that is being notarized.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01369-01-9
        S. 4352                             2
     1    2. Identifying document signers.   (a)  The  methods  for  identifying
     2  document signers for an electronic notarization shall be the same as the
     3  methods  required  for a paper-based notarization; provided, however, in
     4  the case of an electronic notarization, such methods  may  be  based  on
     5  video and audio conference technology that meet the following standards:
     6    (i)  the  persons  communicating shall simultaneously see and speak to
     7  one another;
     8    (ii) the signal transmission shall be in live, real time;
     9    (iii) the  signal  transmission  shall  be  secure  from  interception
    10  through lawful means by anyone other than the persons communicating; and
    11    (iv)  the  technology  shall permit the notary to communicate with and
    12  identify the document signer at the time of the notarial  act,  provided
    13  that such identification is confirmed by:
    14    (A) personal knowledge;
    15    (B)  an  antecedent  in-person identity proofing process in accordance
    16  with the specifications of the Federal Bridge  Certification  Authority;
    17  or
    18    (C)  a  valid digital certificate accessed by biometric data or by use
    19  of  an  interoperable  Personal  Identity  Verification  card  that   is
    20  designed,  issued,  and  managed  in  accordance with the specifications
    21  published by the National  Institute  of  Standards  and  Technology  in
    22  Federal  Information  Processing  Standards Publication 201-1, "Personal
    23  Identity Verification (PIV) of Federal Employees and  Contractors",  and
    24  supplements  thereto  or revisions thereof, including the specifications
    25  published by the Federal Chief Information Officers Council in "Personal
    26  Identity Verification Interoperability for Non-Federal Issuers".
    27    (b) If video and audio conference technology has been used  to  ascer-
    28  tain  a  document  signer's identity, the electronic notary shall keep a
    29  copy of the recording of the video and audio conference and  a  notation
    30  of  the  type  of  any other identification used. The recording shall be
    31  maintained for a period of at least five years from the date  of  trans-
    32  action.
    33    3.  Registration  requirements.  (a)  Before performing any electronic
    34  notarial act or acts, a notary public shall register the  capability  to
    35  notarize electronically with the secretary of state on a form prescribed
    36  by the secretary of state.
    37    (b) In registering the capability to perform electronic notarial acts,
    38  the  notary public shall provide the following information to the secre-
    39  tary of state, notary processing unit:
    40    (i) the applicant's name as currently commissioned and complete  mail-
    41  ing address;
    42    (ii)  the expiration date of the notary public's commission and signa-
    43  ture of the commissioned notary public;
    44    (iii) the applicant's e-mail address;
    45    (iv) the description of the electronic technology or  technologies  to
    46  be  used  in  attaching  the notary public's electronic signature to the
    47  electronic document; and
    48    (v) an exemplar of the notary  public's  electronic  signature,  which
    49  shall contain the notary public's name and any necessary instructions or
    50  techniques  that  allow  the  notary public's electronic signature to be
    51  read.
    52    4. Types of electronic notarial acts. Any notarial act  authorized  by
    53  section  one  hundred thirty-five of this article may be performed elec-
    54  tronically as prescribed by this section if under  applicable  law  that
    55  document may be signed with an electronic signature.
        S. 4352                             3
     1    5. Form and manner of performing the electronic notarial act. (a) When
     2  performing  an  electronic  notarial act, a notary public shall apply an
     3  electronic signature, which shall be attached to or logically associated
     4  with the electronic document such that removal  or  alteration  of  such
     5  electronic  signature  is  detectable and will render evidence of alter-
     6  ation of the document containing the notary signature which may  invali-
     7  date the electronic notarial act.
     8    (b)  The notary public's electronic signature is deemed to be reliable
     9  if the following requirements are met: (i) it is unique  to  the  notary
    10  public;
    11    (ii) it is capable of independent verification;
    12    (iii) it is retained under the notary public's sole control;
    13    (iv)  it  is  attached  to or logically associated with the electronic
    14  document; and
    15    (v) it is linked to the data in such  a  manner  that  any  subsequent
    16  alterations to the underlying document are detectable and may invalidate
    17  the electronic notarial act.
    18    (c)  The  notary  public's electronic signature shall be used only for
    19  the purpose of performing electronic notarial acts.
    20    (d) The secretary shall adopt rules necessary to establish  standards,
    21  procedures,  practices, forms, and records relating to a notary public's
    22  electronic signature. The notary  public's  electronic  signature  shall
    23  conform to any standards adopted by the secretary.
    24    6.  Change  of e-mail address. Within five days after the change of an
    25  electronic notary public's e-mail address, the notary public shall elec-
    26  tronically transmit to the secretary of state a notice  of  the  change,
    27  signed with the notary public's official electronic signature.
    28    §  2.  Section  136  of  the  executive law is amended by adding a new
    29  subdivision 3 to read as follows:
    30    3. For electronic notarial  services,  except  where  another  fee  is
    31  specifically  prescribed by statute, a fee not in excess of those speci-
    32  fied within this section.
    33    § 3. This act shall take effect on the ninetieth day  after  it  shall
    34  have become a law. Effective immediately, the addition, amendment and/or
    35  repeal  of  any  rule  or regulation necessary for the implementation of
    36  this act on its effective date are authorized to be made  on  or  before
    37  such effective date.