S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9201

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            October 21, 2009
                               ___________

Introduced  by  M.  of  A.  EDDINGTON  --  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

  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:
  S 137-A. 1.  DEFINITIONS. (A) "ELECTRONIC" SHALL HAVE THE SAME MEANING
AS  SET  FORTH  IN  SUBDIVISION  ONE OF SECTION THREE HUNDRED TWO OF THE
STATE TECHNOLOGY LAW.
  (B) "ELECTRONIC DOCUMENT" MEANS INFORMATION THAT  IS  CREATED,  GENER-
ATED, SENT, COMMUNICATED, RECEIVED OR STORED BY ELECTRONIC MEANS.
  (C) "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.
  (D)  "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.
  (E) "ELECTRONIC SIGNATURE" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SUBDIVISION  THREE  OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY
LAW.
  (F) "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.
  (G) "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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14736-01-9

              

A. 9201                             2

  2.  PHYSICAL  APPEARANCE  REQUIREMENT.  (A)  A NOTARY PUBLIC SHALL NOT
PERFORM AN ELECTRONIC NOTARIAL ACT  IF  THE  DOCUMENT  SIGNER  DOES  NOT
APPEAR  IN  PERSON BEFORE THE NOTARY PUBLIC AT THE TIME OF NOTARIZATION.
UNDER NO CIRCUMSTANCE SHALL A NOTARY PUBLIC BASE  IDENTIFICATION  MERELY
UPON  FAMILIARITY  WITH A SIGNER'S ELECTRONIC SIGNATURE OR AN ELECTRONIC
VERIFICATION PROCESS THAT AUTHENTICATES THE SIGNER'S  ELECTRONIC  SIGNA-
TURE  WHEN  THE  SIGNER  IS  NOT  IN THE PHYSICAL PRESENCE OF THE NOTARY
PUBLIC.
  (B) THE METHODS FOR IDENTIFYING DOCUMENT  SIGNERS  FOR  AN  ELECTRONIC
NOTARIZATION SHALL BE THE SAME AS THE METHODS REQUIRED FOR A PAPER-BASED
NOTARIZATION.
  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.
  (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;
  (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; AND
  (VI) IF THE DEVICE USED TO CREATE THE ELECTRONIC SIGNATURE WAS  ISSUED
OR  REGISTERED  THROUGH  A LICENSED CERTIFICATION AUTHORITY, THE NAME OF
THE AUTHORITY, THE SOURCE OF THE LICENSE, THE  STARTING  AND  EXPIRATION
DATES  OF  THE DEVICE'S TERM OF REGISTRATION AND ANY REVOCATIONS, ANNUL-
MENTS, OR OTHER PREMATURE TERMINATIONS OF ANY REGISTERED DEVICE  OF  THE
REGISTRANT  THAT WAS DUE TO MISUSE OR COMPROMISE OF THE DEVICE, WITH THE
DATE, CAUSE AND NATURE OF EACH TERMINATION EXPLAINED IN DETAIL.
  4. TYPES OF ELECTRONIC NOTARIAL ACTS. ANY NOTARIAL ACT  AUTHORIZED  BY
SECTION  ONE  HUNDRED THIRTY-FIVE OF THIS ARTICLE MAY BE PERFORMED ELEC-
TRONICALLY AS PRESCRIBED BY THIS SECTION IF UNDER  APPLICABLE  LAW  THAT
DOCUMENT MAY BE SIGNED WITH AN ELECTRONIC SIGNATURE.
  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

A. 9201                             3

  (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 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.  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.
  S  2.  Section  136  of  the  executive law is amended by adding a new
subdivision 3 to read as follows:
  3. FOR ELECTRONIC NOTARIAL  SERVICES,  EXCEPT  WHERE  ANOTHER  FEE  IS
SPECIFICALLY  PRESCRIBED BY STATUTE, A FEE NOT IN EXCESS OF THOSE SPECI-
FIED WITHIN THIS SECTION.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law; provided, however, that 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
and directed to be made and completed on or before such effective date.