NY State Senate Bill S4352B

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 22, 2020	referred to governmental operations delivered to assembly passed senate
Jul 21, 2020	ordered to third reading cal.772 reported and committed to rules
Feb 05, 2020	print number 4352b
Feb 05, 2020	amend and recommit to finance
Jan 08, 2020	referred to finance
May 16, 2019	print number 4352a
May 16, 2019	amend and recommit to finance
Mar 08, 2019	referred to finance

Votes

view votes

Jul 22, 2020 - floor Vote

S4352B

floor

Aye

Nay

Absent

Excused

Abstained

Jul 21, 2020 - Finance committee Vote

S4352B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 21, 2020 - Rules committee Vote

S4352B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

S4352 - Details

See Assembly Version of this Bill:: A4076
Law Section:: Executive Law
Laws Affected:: Add §137-a, amd §136, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S1780, A399

S4352 - Summary

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

S4352 - Sponsor Memo

 
BILL NUMBER: S4352

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the executive law, in relation to providing for elec-
tronic notarization

 
PURPOSE:

Allows for notarization to be done electronically with the use of video
conference technology.

 
SUMMARY OF PROVISIONS:

Section 1 amends the executive law by adding new section 137-a.  Defines
the terms "Electronic," "Electronic document," "Electronic notarial
act," "Electronic notary public," "Electronic notary," "Electronic
signature," "Electronic notarial statement of authority," "Notary elec-
tronic signature,"

Specifies the methods for identifying document signers for an electronic
notarization including video and audio conference technology Sets stand-
ards for video and audio conference technology.

Sets forth registration requirements for electronic notaries public.

Establishes that any notarial act authorized by section 135 of this
article can be performed electronically.

Sets forth instructions on how electronic notarization is to be
performed.

Section 2 provides that electronic notaries public may not charge more
than the specifically prescribed statute.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Every year, hundreds of millions of documents are notarized in the
United States: wills, mortgages, citizenship forms. Yet, despite t he
increasing number of notarizations that occur annually, the industry has
not adapted to societal changes and technological advance

Notarization still requires people to be physically present in front of
a notary public, despite new technology that would allow for the same
security over video and audio conference calls.

This legislation is not merely for convenience; Electronic Notarization
would allow homebound citizens to access notarial services and would
allow working people to have their documents notarized without losing
wages for lost working hours spent at an in-person notary public.

There are environmental benefits of Electronic Notarization as well as
it cuts down on paper usage.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take 90 days after it becomes law.

S4352 - Bill Text download pdf


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

                                  4352

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              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:

  Section 1. The executive law is amended by adding a new section  137-a
to read as follows:
  §  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01369-01-9

S. 4352                             2

  2. IDENTIFYING DOCUMENT SIGNERS.   (A)  THE  METHODS  FOR  IDENTIFYING
DOCUMENT SIGNERS FOR AN ELECTRONIC NOTARIZATION SHALL BE THE SAME AS THE
METHODS  REQUIRED  FOR A PAPER-BASED NOTARIZATION; PROVIDED, HOWEVER, IN
THE CASE OF AN ELECTRONIC NOTARIZATION, SUCH METHODS  MAY  BE  BASED  ON
VIDEO AND AUDIO CONFERENCE TECHNOLOGY THAT MEET THE FOLLOWING STANDARDS:
  (I)  THE  PERSONS  COMMUNICATING SHALL SIMULTANEOUSLY SEE AND SPEAK TO
ONE ANOTHER;
  (II) THE SIGNAL TRANSMISSION SHALL BE IN LIVE, REAL TIME;
  (III) THE  SIGNAL  TRANSMISSION  SHALL  BE  SECURE  FROM  INTERCEPTION
THROUGH LAWFUL MEANS BY ANYONE OTHER THAN THE PERSONS COMMUNICATING; AND
  (IV)  THE  TECHNOLOGY  SHALL PERMIT THE NOTARY TO COMMUNICATE WITH AND
IDENTIFY THE DOCUMENT SIGNER AT THE TIME OF THE NOTARIAL  ACT,  PROVIDED
THAT SUCH IDENTIFICATION IS CONFIRMED BY:
  (A) PERSONAL KNOWLEDGE;
  (B)  AN  ANTECEDENT  IN-PERSON IDENTITY PROOFING PROCESS IN ACCORDANCE
WITH THE SPECIFICATIONS OF THE FEDERAL BRIDGE  CERTIFICATION  AUTHORITY;
OR
  (C)  A  VALID DIGITAL CERTIFICATE ACCESSED BY BIOMETRIC DATA OR BY USE
OF  AN  INTEROPERABLE  PERSONAL  IDENTITY  VERIFICATION  CARD  THAT   IS
DESIGNED,  ISSUED,  AND  MANAGED  IN  ACCORDANCE WITH THE SPECIFICATIONS
PUBLISHED BY THE NATIONAL  INSTITUTE  OF  STANDARDS  AND  TECHNOLOGY  IN
FEDERAL  INFORMATION  PROCESSING  STANDARDS PUBLICATION 201-1, "PERSONAL
IDENTITY VERIFICATION (PIV) OF FEDERAL EMPLOYEES AND  CONTRACTORS",  AND
SUPPLEMENTS  THERETO  OR REVISIONS THEREOF, INCLUDING THE SPECIFICATIONS
PUBLISHED BY THE FEDERAL CHIEF INFORMATION OFFICERS COUNCIL IN "PERSONAL
IDENTITY VERIFICATION INTEROPERABILITY FOR NON-FEDERAL ISSUERS".
  (B) IF VIDEO AND AUDIO CONFERENCE TECHNOLOGY HAS BEEN USED  TO  ASCER-
TAIN  A  DOCUMENT  SIGNER'S IDENTITY, THE ELECTRONIC NOTARY SHALL KEEP A
COPY OF THE RECORDING OF THE VIDEO AND AUDIO CONFERENCE AND  A  NOTATION
OF  THE  TYPE  OF  ANY OTHER IDENTIFICATION USED. THE RECORDING SHALL BE
MAINTAINED FOR A PERIOD OF AT LEAST FIVE YEARS FROM THE DATE  OF  TRANS-
ACTION.
  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; AND
  (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.
  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.

S. 4352                             3

  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.
  (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.
  §  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.
  § 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law. 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 to be made  on  or  before
such effective date.

S4352A - Details

See Assembly Version of this Bill:: A4076
Law Section:: Executive Law
Laws Affected:: Add §137-a, amd §136, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S1780, A399

S4352A - Summary

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

S4352A - Sponsor Memo

 
BILL NUMBER: S4352A

SPONSOR: SKOUFIS
 
TITLE OF BILL:  An act to amend the executive law, in relation to
providing for electronic notarization

 
PURPOSE:

Allows for notarization to be done electronically with the use of video
conference technology.

 
SUMMARY OF PROVISIONS:

Section 1 amends the executive law by adding new section 137-a.  Defines
the terms "Electronic," "Electronic document," "Electronic notarial
act," "Electronic notary public," "Electronic notary," "Electronic
signature," "Electronic notarial statement of authority," "Notary elec-
tronic signature,"

Specifies the methods for identifying document signers for an electronic
notarization including video and for video and audio conference technol-

ogy sets standards for video and audio conference technology.

Sets forth registration requirements for electronic notaries public.

Establishes that any notarial act authorized by section 135 of this
article can be performed electronically.

Sets forth instructions on how electronic notarization is to be
performed.

Section 2 provides that electronic notaries public may not charge more
than the specifically prescribed statute.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Every year, hundreds of millions of documents are notarized in the
United States: wills, mortgages, citizenship forms. Yet, despite the
increasing number of notarizations that occur annually, the industry has
not adapted to societal changes and technologic advance

Notarization still requires people to be physically present in front of
a notary public, despite new technology that would allow for the same
security over video and audion conference calls.

This legislation is not merely for convenience; Electronic Notorization
would allow homebound citizens to access notarial services and would
allow working people to have their documents notarized without losing
wages for lost working hours spent at an in-person notary public.

There are environmental benefits of Electronic Notarization as well as
it cuts down on paper usage.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take 90 days after it becomes law.

S4352A - Bill Text download pdf


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

                                 4352--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 8, 2019
                               ___________

Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  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:

  Section  1. The executive law is amended by adding a new section 137-a
to read as follows:
  § 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01369-03-9

S. 4352--A                          2

ACCEPTABLE MEANS FOR AN ELECTRONIC NOTARY TO AFFIX THE  NOTARY  PUBLIC'S
OFFICIAL SIGNATURE TO AN ELECTRONIC RECORD THAT IS BEING NOTARIZED.
  2.  IDENTIFYING  DOCUMENT  SIGNERS.    (A) THE METHODS FOR IDENTIFYING
DOCUMENT SIGNERS FOR AN ELECTRONIC NOTARIZATION SHALL BE THE SAME AS THE
METHODS REQUIRED FOR A PAPER-BASED NOTARIZATION; PROVIDED,  HOWEVER,  IN
THE  CASE  OF  AN  ELECTRONIC NOTARIZATION, SUCH METHODS MAY BE BASED ON
VIDEO AND AUDIO CONFERENCE TECHNOLOGY THAT MEET THE FOLLOWING STANDARDS:
  (I) THE PERSONS COMMUNICATING SHALL SIMULTANEOUSLY SEE  AND  SPEAK  TO
ONE ANOTHER;
  (II) THE SIGNAL TRANSMISSION SHALL BE IN LIVE, REAL TIME;
  (III)  THE  SIGNAL  TRANSMISSION  SHALL  BE  SECURE  FROM INTERCEPTION
THROUGH LAWFUL MEANS BY ANYONE OTHER THAN THE PERSONS COMMUNICATING; AND
  (IV) THE TECHNOLOGY SHALL PERMIT THE NOTARY TO  COMMUNICATE  WITH  AND
IDENTIFY  THE  DOCUMENT SIGNER AT THE TIME OF THE NOTARIAL ACT, PROVIDED
THAT SUCH IDENTIFICATION IS CONFIRMED BY:
  (A) PERSONAL KNOWLEDGE;
  (B) AN ANTECEDENT IN-PERSON IDENTITY PROOFING  PROCESS  IN  ACCORDANCE
WITH  THE  SPECIFICATIONS OF THE FEDERAL BRIDGE CERTIFICATION AUTHORITY;
OR
  (C) A VALID DIGITAL CERTIFICATE ACCESSED BY BIOMETRIC DATA OR  BY  USE
OF   AN  INTEROPERABLE  PERSONAL  IDENTITY  VERIFICATION  CARD  THAT  IS
DESIGNED, ISSUED, AND MANAGED  IN  ACCORDANCE  WITH  THE  SPECIFICATIONS
PUBLISHED  BY  THE  NATIONAL  INSTITUTE  OF  STANDARDS AND TECHNOLOGY IN
FEDERAL INFORMATION PROCESSING STANDARDS  PUBLICATION  201-1,  "PERSONAL
IDENTITY  VERIFICATION  (PIV) OF FEDERAL EMPLOYEES AND CONTRACTORS", AND
SUPPLEMENTS THERETO OR REVISIONS THEREOF, INCLUDING  THE  SPECIFICATIONS
PUBLISHED BY THE FEDERAL CHIEF INFORMATION OFFICERS COUNCIL IN "PERSONAL
IDENTITY VERIFICATION INTEROPERABILITY FOR NON-FEDERAL ISSUERS".
  (B)  IF  VIDEO AND AUDIO CONFERENCE TECHNOLOGY HAS BEEN USED TO ASCER-
TAIN A DOCUMENT SIGNER'S IDENTITY, THE ELECTRONIC NOTARY  SHALL  KEEP  A
COPY  OF  THE RECORDING OF THE VIDEO AND AUDIO CONFERENCE AND A NOTATION
OF THE TYPE OF ANY OTHER IDENTIFICATION USED.  THE  RECORDING  SHALL  BE
MAINTAINED  FOR  A  PERIOD OF AT LEAST TEN YEARS FROM THE DATE OF TRANS-
ACTION.
  (C) IN ADDITION TO THE METHODS DESCRIBED IN PARAGRAPHS (A) AND (B)  OF
THIS  SUBDIVISION,  IDENTITY  MAY  BE VERIFIED BY: (I) THE REMOTE ONLINE
NOTARY PUBLIC'S PERSONAL KNOWLEDGE OF THE PERSON CREATING THE ELECTRONIC
SIGNATURE; OR
  (II) EACH OF THE FOLLOWING: (A)  REMOTE  PRESENTATION  BY  THE  PERSON
CREATING  THE ELECTRONIC SIGNATURE OF A GOVERNMENT-ISSUED IDENTIFICATION
CREDENTIAL, INCLUDING A PASSPORT OR DRIVER'S LICENSE, THAT CONTAINS  THE
SIGNATURE  AND  A PHOTOGRAPH OF THE PERSON; (B) CREDENTIAL ANALYSIS; AND
(C) IDENTITY PROOFING.
  (D) FOR PURPOSES OF THIS SUBDIVISION: (I) "CREDENTIAL ANALYSIS"  MEANS
A  PROCESS OR SERVICE THAT MEETS THE STANDARDS ESTABLISHED BY THE SECRE-
TARY OF STATE THROUGH WHICH A THIRD PERSON AFFIRMS  THE  VALIDITY  OF  A
GOVERNMENT-ISSUED IDENTIFICATION CREDENTIAL THROUGH REVIEW OF PUBLIC AND
PROPRIETARY DATA SOURCES; AND
  (II)  "IDENTITY PROOFING" MEANS A PROCESS OR SERVICE OPERATING ACCORD-
ING TO STANDARDS ESTABLISHED BY THE SECRETARY OF STATE THROUGH  WHICH  A
THIRD  PERSON  AFFIRMS  THE  IDENTITY  OF AN INDIVIDUAL: (A) BY MEANS OF
DYNAMIC KNOWLEDGE BASED AUTHENTICATION SUCH  AS  A  REVIEW  OF  PERSONAL
INFORMATION  FROM PUBLIC OR PROPRIETARY DATA SOURCES; OR (B) BY MEANS OF
ANALYSIS OF BIOMETRIC DATA SUCH AS, BUT NOT LIMITED TO, FACIAL  RECOGNI-
TION, VOICEPRINT ANALYSIS, OR FINGERPRINT ANALYSIS.

S. 4352--A                          3

  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; AND
  (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.
  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.
  (C)  THE  NOTARY  PUBLIC'S ELECTRONIC SIGNATURE SHALL BE USED ONLY FOR
THE PURPOSE OF PERFORMING ELECTRONIC NOTARIAL ACTS.
  (D) THE REMOTE ONLINE NOTARIAL CERTIFICATE FOR AN ELECTRONIC  NOTARIAL
ACT SHALL STATE THAT THE PERSON MAKING THE ACKNOWLEDGEMENT OR MAKING THE
OATH APPEARED REMOTELY ONLINE.
  (E)  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.  RECORDING OF AN ELECTRONIC RECORD. (A) IF  OTHERWISE  REQUIRED  BY
LAW  AS  A  CONDITION FOR RECORDING THAT A DOCUMENT BE AN ORIGINAL DOCU-
MENT, PRINTED ON PAPER OR ANOTHER TANGIBLE MEDIUM, OR BE IN WRITING, THE
REQUIREMENT IS SATISFIED BY PAPER COPY  OF  AN  ELECTRONIC  RECORD  THAT
COMPLIES WITH THE REQUIREMENTS OF THIS SECTION.

S. 4352--A                          4

  (B)  IF OTHERWISE REQUIRED BY LAW AS A CONDITION FOR RECORDING, THAT A
DOCUMENT BE SIGNED, THE REQUIREMENT IS SATISFIED BY AN ELECTRONIC SIGNA-
TURE.
  (C)  A  REQUIREMENT  THAT  A DOCUMENT OR A SIGNATURE ASSOCIATED WITH A
DOCUMENT BE NOTARIZED, ACKNOWLEDGED, VERIFIED, WITNESSED, OR MADE  UNDER
OATH  IS  SATISFIED IF THE ELECTRONIC SIGNATURE OF THE PERSON AUTHORIZED
TO PERFORM THAT ACT, AND ALL OTHER INFORMATION REQUIRED TO BE  INCLUDED,
IS ATTACHED TO OR LOGICALLY ASSOCIATED WITH THE DOCUMENT OR SIGNATURE. A
PHYSICAL  OR  ELECTRONIC  IMAGE OF A STAMP, IMPRESSION, OR SEAL NEED NOT
ACCOMPANY AN ELECTRONIC SIGNATURE IF THE NOTARY HAS  ATTACHED  AN  ELEC-
TRONIC NOTARIAL CERTIFICATE THAT MEETS THE REQUIREMENTS OF THIS SECTION.
  7.   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.
  §  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.
  § 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law. 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 to be made  on  or  before
such effective date.

Co-Sponsors

S4352B (ACTIVE) - Details

See Assembly Version of this Bill:: A4076
Law Section:: Executive Law
Laws Affected:: Add §137-a, amd §136, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S1780, A399

S4352B (ACTIVE) - Summary

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

S4352B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4352b

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the executive law, in relation to providing for elec-
tronic notarization

 
PURPOSE:

Allows for notarization to be done electronically with the use of video
conference technology.

 
SUMMARY OF PROVISIONS:

Section 1 amends the executive law by adding new section 137-a.  Defines
the terms "Electronic," "Electronic document," "Electronic notarial
act," "Electronic notary public," "Electronic notary," "Electronic
signature," "Electronic notarial statement of authority," "Notary elec-
tronic signature,"

Specifies the methods for identifying document signers for an electronic
notarization including video and for video and audio conference technol-
ogy sets standards for video and audio conference technology.

Sets forth registration requirements for electronic notaries public.
Establishes that any notarial act authorized by section 135 of this
article can be performed electronically.  Sets forth instructions on how
electronic notarization is to be performed.

Section 2 provides that notaries public may collect fees for electronic
notarial services, as authorized by the Secretary of State

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Every year, hundreds of millions of documents are notarized in the
United States: wills, mortgages, citizenship forms. Yet, despite the
increasing number of notarizations that occur annually, the industry has
not adapted to societal changes and technologic advance

Notarization still requires people to be physically present in front of
a notary public, despite new technology that would allow for the same
security over video and audio conference calls.

This legislation is not merely for convenience; Electronic Notorization
would allow homebound citizens to access notarial services and would
allow working people to have their documents notarized without losing
wages for lost working hours spent at an in-person notary public.

There are environmental benefits of Electronic Notarization as well as
it cuts down on paper usage.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:
Minimal.

 
EFFECTIVE DATE:
This act shall take 90 days after it becomes law.

S4352B (ACTIVE) - Bill Text download pdf


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

                                 4352--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 8, 2019
                               ___________

Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to  the  Committee on Finance in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:
  §  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.

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

                                                           LBD01369-05-0

S. 4352--B                          2

  (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.  IDENTIFYING  DOCUMENT  SIGNERS.    (A) THE METHODS FOR IDENTIFYING
DOCUMENT SIGNERS FOR AN ELECTRONIC NOTARIZATION SHALL BE THE SAME AS THE
METHODS REQUIRED FOR A PAPER-BASED NOTARIZATION; PROVIDED,  HOWEVER,  IN
THE  CASE  OF  AN  ELECTRONIC NOTARIZATION, SUCH METHODS MAY BE BASED ON
VIDEO AND AUDIO CONFERENCE TECHNOLOGY THAT MEET THE FOLLOWING STANDARDS:
  (I) THE PERSONS COMMUNICATING SHALL SIMULTANEOUSLY SEE  AND  SPEAK  TO
ONE ANOTHER;
  (II) THE SIGNAL TRANSMISSION SHALL BE IN LIVE, REAL TIME;
  (III)  THE  SIGNAL  TRANSMISSION  SHALL  BE  SECURE  FROM INTERCEPTION
THROUGH LAWFUL MEANS BY ANYONE OTHER THAN THE PERSONS COMMUNICATING; AND
  (IV) THE TECHNOLOGY SHALL PERMIT THE NOTARY TO  COMMUNICATE  WITH  AND
IDENTIFY  THE  DOCUMENT SIGNER AT THE TIME OF THE NOTARIAL ACT, PROVIDED
THAT SUCH IDENTIFICATION IS CONFIRMED BY:
  (A) PERSONAL KNOWLEDGE;
  (B) AN ANTECEDENT IN-PERSON IDENTITY PROOFING  PROCESS  IN  ACCORDANCE
WITH  THE  SPECIFICATIONS OF THE FEDERAL BRIDGE CERTIFICATION AUTHORITY;
OR
  (C) A VALID DIGITAL CERTIFICATE ACCESSED BY BIOMETRIC DATA OR  BY  USE
OF   AN  INTEROPERABLE  PERSONAL  IDENTITY  VERIFICATION  CARD  THAT  IS
DESIGNED, ISSUED, AND MANAGED  IN  ACCORDANCE  WITH  THE  SPECIFICATIONS
PUBLISHED  BY  THE  NATIONAL  INSTITUTE  OF  STANDARDS AND TECHNOLOGY IN
FEDERAL INFORMATION PROCESSING STANDARDS  PUBLICATION  201-1,  "PERSONAL
IDENTITY  VERIFICATION  (PIV) OF FEDERAL EMPLOYEES AND CONTRACTORS", AND
SUPPLEMENTS THERETO OR REVISIONS THEREOF, INCLUDING  THE  SPECIFICATIONS
PUBLISHED BY THE FEDERAL CHIEF INFORMATION OFFICERS COUNCIL IN "PERSONAL
IDENTITY VERIFICATION INTEROPERABILITY FOR NON-FEDERAL ISSUERS".
  (B)  IF  VIDEO AND AUDIO CONFERENCE TECHNOLOGY HAS BEEN USED TO ASCER-
TAIN A DOCUMENT SIGNER'S IDENTITY, THE ELECTRONIC NOTARY  SHALL  KEEP  A
COPY  OF  THE RECORDING OF THE VIDEO AND AUDIO CONFERENCE AND A NOTATION
OF THE TYPE OF ANY OTHER IDENTIFICATION USED.  THE  RECORDING  SHALL  BE
MAINTAINED  FOR  A  PERIOD OF AT LEAST TEN YEARS FROM THE DATE OF TRANS-
ACTION.
  (C) IN ADDITION TO THE METHODS DESCRIBED IN PARAGRAPHS (A) AND (B)  OF
THIS  SUBDIVISION,  IDENTITY  MAY  BE VERIFIED BY: (I) THE REMOTE ONLINE
NOTARY PUBLIC'S PERSONAL KNOWLEDGE OF THE PERSON CREATING THE ELECTRONIC
SIGNATURE; OR
  (II) EACH OF THE FOLLOWING: (A)  REMOTE  PRESENTATION  BY  THE  PERSON
CREATING  THE ELECTRONIC SIGNATURE OF A GOVERNMENT-ISSUED IDENTIFICATION
CREDENTIAL, INCLUDING A PASSPORT OR DRIVER'S LICENSE, THAT CONTAINS  THE
SIGNATURE  AND  A PHOTOGRAPH OF THE PERSON; (B) CREDENTIAL ANALYSIS; AND
(C) IDENTITY PROOFING.
  (D) FOR PURPOSES OF THIS SUBDIVISION: (I) "CREDENTIAL ANALYSIS"  MEANS
A  PROCESS OR SERVICE THAT MEETS THE STANDARDS ESTABLISHED BY THE SECRE-
TARY OF STATE THROUGH WHICH A THIRD PERSON AFFIRMS  THE  VALIDITY  OF  A
GOVERNMENT-ISSUED IDENTIFICATION CREDENTIAL THROUGH REVIEW OF PUBLIC AND
PROPRIETARY DATA SOURCES; AND
  (II)  "IDENTITY PROOFING" MEANS A PROCESS OR SERVICE OPERATING ACCORD-
ING TO STANDARDS ESTABLISHED BY THE SECRETARY OF STATE THROUGH  WHICH  A
THIRD  PERSON  AFFIRMS  THE  IDENTITY  OF AN INDIVIDUAL: (A) BY MEANS OF
DYNAMIC KNOWLEDGE BASED AUTHENTICATION SUCH  AS  A  REVIEW  OF  PERSONAL
INFORMATION  FROM PUBLIC OR PROPRIETARY DATA SOURCES; OR (B) BY MEANS OF

S. 4352--B                          3

ANALYSIS OF BIOMETRIC DATA SUCH AS, BUT NOT LIMITED TO, FACIAL  RECOGNI-
TION, VOICEPRINT ANALYSIS, OR FINGERPRINT ANALYSIS.
  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; AND
  (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.
  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.
  (C)  THE  NOTARY  PUBLIC'S ELECTRONIC SIGNATURE SHALL BE USED ONLY FOR
THE PURPOSE OF PERFORMING ELECTRONIC NOTARIAL ACTS.
  (D) THE REMOTE ONLINE NOTARIAL CERTIFICATE FOR AN ELECTRONIC  NOTARIAL
ACT SHALL STATE THAT THE PERSON MAKING THE ACKNOWLEDGEMENT OR MAKING THE
OATH APPEARED REMOTELY ONLINE.
  (E)  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.  RECORDING OF AN ELECTRONIC RECORD. (A) IF  OTHERWISE  REQUIRED  BY
LAW  AS  A  CONDITION FOR RECORDING THAT A DOCUMENT BE AN ORIGINAL DOCU-
MENT, PRINTED ON PAPER OR ANOTHER TANGIBLE MEDIUM, OR BE IN WRITING, THE
REQUIREMENT IS SATISFIED BY PAPER COPY  OF  AN  ELECTRONIC  RECORD  THAT
COMPLIES WITH THE REQUIREMENTS OF THIS SECTION.

S. 4352--B                          4

  (B)  IF OTHERWISE REQUIRED BY LAW AS A CONDITION FOR RECORDING, THAT A
DOCUMENT BE SIGNED, THE REQUIREMENT IS SATISFIED BY AN ELECTRONIC SIGNA-
TURE.
  (C)  A  REQUIREMENT  THAT  A DOCUMENT OR A SIGNATURE ASSOCIATED WITH A
DOCUMENT BE NOTARIZED, ACKNOWLEDGED, VERIFIED, WITNESSED, OR MADE  UNDER
OATH  IS  SATISFIED IF THE ELECTRONIC SIGNATURE OF THE PERSON AUTHORIZED
TO PERFORM THAT ACT, AND ALL OTHER INFORMATION REQUIRED TO BE  INCLUDED,
IS ATTACHED TO OR LOGICALLY ASSOCIATED WITH THE DOCUMENT OR SIGNATURE. A
PHYSICAL  OR  ELECTRONIC  IMAGE OF A STAMP, IMPRESSION, OR SEAL NEED NOT
ACCOMPANY AN ELECTRONIC SIGNATURE IF THE NOTARY HAS  ATTACHED  AN  ELEC-
TRONIC NOTARIAL CERTIFICATE THAT MEETS THE REQUIREMENTS OF THIS SECTION.
  7.   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.
  §  2.  Section  136 of the executive law, as amended by chapter 143 of
the laws of 1991, is amended to read as follows:
  § 136. Notarial fees. A  notary  public  shall  be  entitled  to  [the
following] fees[:
  1.  For  administering an oath or affirmation, and certifying the same
when required, except where another fee is  specifically  prescribed  by
statute, two dollars.
  2.  For taking and certifying the acknowledgment or proof of execution
of a written instrument, by one person, two dollars, and by  each  addi-
tional  person,  two  dollars,  for  swearing  each witness thereto, two
dollars], INCLUDING FOR ELECTRONIC NOTARIAL SERVICES, AS  AUTHORIZED  BY
THE SECRETARY OF STATE.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law. 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 to be made on or before
such effective date.

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The New York State Senate

senate Bill S4352B

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 21, 2020 - Finance committee Vote

Finance Committee Vote: Jul 21, 2020

Jul 21, 2020 - Rules committee Vote

Rules Committee Vote: Jul 21, 2020

Bill Amendments

S4352 - Details

S4352 - Summary

S4352 - Sponsor Memo

S4352 - Bill Text download pdf

S4352A - Details

S4352A - Summary

S4352A - Sponsor Memo

S4352A - Bill Text download pdf

Co-Sponsors

S4352B (ACTIVE) - Details

S4352B (ACTIVE) - Summary

S4352B (ACTIVE) - Sponsor Memo

S4352B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4352B

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Sponsored By

James Skoufis

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 21, 2020 - Finance committee Vote

Finance Committee Vote: Jul 21, 2020

Jul 21, 2020 - Rules committee Vote

Rules Committee Vote: Jul 21, 2020

Bill Amendments

S4352 - Details

S4352 - Summary

S4352 - Sponsor Memo

S4352 - Bill Text download pdf

S4352A - Details

S4352A - Summary

S4352A - Sponsor Memo

S4352A - Bill Text download pdf

Co-Sponsors

Jen Metzger

S4352B (ACTIVE) - Details

S4352B (ACTIVE) - Summary

S4352B (ACTIVE) - Sponsor Memo

S4352B (ACTIVE) - Bill Text download pdf

Comments