Bill Text: NY A04076 | 2019-2020 | General Assembly | Amended

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: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2020-02-11 - print number 4076b [A04076 Detail]

Download: New_York-2019-A04076-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4076--A

                               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

        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.
                                                                   LBD01369-02-9
        A. 4076--A                          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 ten years from the  date  of  trans-
    32  action.
    33    (c)  In addition to the methods described in paragraphs (a) and (b) of
    34  this subdivision, identity may be verified by:  (i)  the  remote  online
    35  notary public's personal knowledge of the person creating the electronic
    36  signature; or
    37    (ii)  each  of  the  following:  (A) remote presentation by the person
    38  creating the electronic signature of a government-issued  identification
    39  credential,  including a passport or driver's license, that contains the
    40  signature and a photograph of the person; (B) credential  analysis;  and
    41  (C) identity proofing.
    42    (d)  For purposes of this subdivision: (i) "credential analysis" means
    43  a process or service that meets the standards established by the  secre-
    44  tary  of  state  through  which a third person affirms the validity of a
    45  government-issued identification credential through review of public and
    46  proprietary data sources; and
    47    (ii) "identity proofing" means a process or service operating  accord-
    48  ing  to  standards established by the secretary of state through which a
    49  third person affirms the identity of an  individual:  (A)  by  means  of
    50  dynamic  knowledge  based  authentication  such  as a review of personal
    51  information from public or proprietary data sources; or (B) by means  of
    52  analysis  of biometric data such as, but not limited to, facial recogni-
    53  tion, voiceprint analysis, or fingerprint analysis.
    54    3. Registration requirements. (a)  Before  performing  any  electronic
    55  notarial  act  or acts, a notary public shall register the capability to
        A. 4076--A                          3

     1  notarize electronically with the secretary of state on a form prescribed
     2  by the secretary of state.
     3    (b) In registering the capability to perform electronic notarial acts,
     4  the  notary public shall provide the following information to the secre-
     5  tary of state, notary processing unit:
     6    (i) the applicant's name as currently commissioned and complete  mail-
     7  ing address;
     8    (ii)  the expiration date of the notary public's commission and signa-
     9  ture of the commissioned notary public;
    10    (iii) the applicant's e-mail address;
    11    (iv) the description of the electronic technology or  technologies  to
    12  be  used  in  attaching  the notary public's electronic signature to the
    13  electronic document; and
    14    (v) an exemplar of the notary  public's  electronic  signature,  which
    15  shall contain the notary public's name and any necessary instructions or
    16  techniques  that  allow  the  notary public's electronic signature to be
    17  read.
    18    4. Types of electronic notarial acts. Any notarial act  authorized  by
    19  section  one  hundred thirty-five of this article may be performed elec-
    20  tronically as prescribed by this section if under  applicable  law  that
    21  document may be signed with an electronic signature.
    22    5. Form and manner of performing the electronic notarial act. (a) When
    23  performing  an  electronic  notarial act, a notary public shall apply an
    24  electronic signature, which shall be attached to or logically associated
    25  with the electronic document such that removal  or  alteration  of  such
    26  electronic  signature  is  detectable and will render evidence of alter-
    27  ation of the document containing the notary signature which may  invali-
    28  date the electronic notarial act.
    29    (b)  The notary public's electronic signature is deemed to be reliable
    30  if the following requirements are met: (i) it is unique  to  the  notary
    31  public;
    32    (ii) it is capable of independent verification;
    33    (iii) it is retained under the notary public's sole control;
    34    (iv)  it  is  attached  to or logically associated with the electronic
    35  document; and
    36    (v) it is linked to the data in such  a  manner  that  any  subsequent
    37  alterations to the underlying document are detectable and may invalidate
    38  the electronic notarial act.
    39    (c)  The  notary  public's electronic signature shall be used only for
    40  the purpose of performing electronic notarial acts.
    41    (d) The remote online notarial certificate for an electronic  notarial
    42  act shall state that the person making the acknowledgement or making the
    43  oath appeared remotely online.
    44    (e)  The secretary shall adopt rules necessary to establish standards,
    45  procedures, practices, forms, and records relating to a notary  public's
    46  electronic  signature.  The  notary  public's electronic signature shall
    47  conform to any standards adopted by the secretary.
    48    6.  Recording of an electronic record. (a) If  otherwise  required  by
    49  law  as  a  condition for recording that a document be an original docu-
    50  ment, printed on paper or another tangible medium, or be in writing, the
    51  requirement is satisfied by paper copy  of  an  electronic  record  that
    52  complies with the requirements of this section.
    53    (b)  If otherwise required by law as a condition for recording, that a
    54  document be signed, the requirement is satisfied by an electronic signa-
    55  ture.
        A. 4076--A                          4

     1    (c) A requirement that a document or a  signature  associated  with  a
     2  document  be notarized, acknowledged, verified, witnessed, or made under
     3  oath is satisfied if the electronic signature of the  person  authorized
     4  to  perform that act, and all other information required to be included,
     5  is attached to or logically associated with the document or signature. A
     6  physical  or  electronic  image of a stamp, impression, or seal need not
     7  accompany an electronic signature if the notary has  attached  an  elec-
     8  tronic notarial certificate that meets the requirements of this section.
     9    7.   Change of e-mail address. Within five days after the change of an
    10  electronic notary public's e-mail address, the notary public shall elec-
    11  tronically transmit to the secretary of state a notice  of  the  change,
    12  signed with the notary public's official electronic signature.
    13    §  2.  Section  136  of  the  executive law is amended by adding a new
    14  subdivision 3 to read as follows:
    15    3. For electronic notarial  services,  except  where  another  fee  is
    16  specifically  prescribed by statute, a fee not in excess of those speci-
    17  fied within this section.
    18    § 3. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law. Effective immediately, the addition, amendment and/or
    20  repeal  of  any  rule  or regulation necessary for the implementation of
    21  this act on its effective date are authorized to be made  on  or  before
    22  such effective date.