S T A T E   O F   N E W   Y O R K
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                                  9493

                          I N  A S S E M B L Y

                             January 7, 2010
                               ___________

Introduced by M. of A. BING, KOON, CASTRO -- Multi-Sponsored by -- M. of
  A.  DelMONTE,  REILLY,  SKARTADOS,  SWEENEY,  THIELE  -- 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.  ELECTRONIC NOTARIZATION. 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.
  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.

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

                                                           LBD14736-02-0

A. 9493                             2

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
  (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.

A. 9493                             3

  (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.