S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    399
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC, DE LA ROSA, FAHY, SEAWRIGHT, OTIS, SIMON,
   HUNTER, BUTTENSCHON, STECK, MONTESANO -- Multi-Sponsored by --  M.  of
   A.   ENGLEBRIGHT -- read once and referred to the Committee on Govern-
   mental 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:
   §  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.
                                                            LBD03271-01-1

 A. 399                              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.

 A. 399                              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.

 A. 399                              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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  399--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC, DE LA ROSA, FAHY, SEAWRIGHT, OTIS, SIMON,
   HUNTER, BUTTENSCHON, STECK,  MONTESANO,  McDONALD,  BICHOTTE HERMELYN,
   ABINANTI, GRIFFIN, THIELE, JONES, ASHBY -- Multi-Sponsored by -- M. of
   A.   ENGLEBRIGHT -- read once and referred to the Committee on Govern-
   mental Operations  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  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)  "COMMUNICATION
 TECHNOLOGY"  MEANS  AN  ELECTRONIC  DEVICE OR PROCESS THAT: (I) ALLOWS A
 NOTARY PUBLIC AND A REMOTELY LOCATED INDIVIDUAL TO COMMUNICATE WITH EACH
 OTHER SIMULTANEOUSLY BY SIGHT AND SOUND; AND  (II)  WHEN  NECESSARY  AND
 CONSISTENT  WITH  OTHER APPLICABLE LAW, FACILITATES COMMUNICATION WITH A
 REMOTELY LOCATED INDIVIDUAL WHO HAS A VISION, HEARING, OR SPEECH IMPAIR-
 MENT.
   (B) "ELECTRONIC" SHALL HAVE THE SAME MEANING AS SET FORTH IN  SUBDIVI-
 SION ONE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   (C)  "ELECTRONIC  DOCUMENT"  MEANS INFORMATION THAT IS CREATED, GENER-
 ATED, SENT, COMMUNICATED, RECEIVED OR STORED BY ELECTRONIC MEANS.
   (D) "ELECTRONIC NOTARIAL ACT"  MEANS  AN  OFFICIAL  ACT  BY  A  NOTARY
 PUBLIC,  PHYSICALLY PRESENT IN THE STATE OF NEW YORK, ON OR INVOLVING AN
 ELECTRONIC DOCUMENT AND USING  MEANS  AUTHORIZED  BY  THE  SECRETARY  OF
 STATE.
   (E)  "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.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03271-10-1

 A. 399--B                           2
 
   (F) "ELECTRONIC SIGNATURE" SHALL HAVE THE SAME MEANING AS SET FORTH IN
 SUBDIVISION  THREE  OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY
 LAW.
   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,  AN
 ELECTRONIC  NOTARIZATION  CONDUCTED  UTILIZING  COMMUNICATION TECHNOLOGY
 SHALL MEET THE STANDARDS WHICH HAVE BEEN APPROVED THROUGH REGULATION  BY
 THE  SECRETARY  OF  STATE AS ACCEPTABLE. SUCH REGULATIONS SHALL INCLUDE,
 BUT NOT BE LIMITED TO:
   (I) THAT THE SIGNAL TRANSMISSION SHALL  BE  SECURE  FROM  INTERCEPTION
 THROUGH LAWFUL MEANS BY ANYONE OTHER THAN THE PERSONS COMMUNICATING;
   (II) THAT THE SIGNAL TRANSMISSION SHALL BE LIVE, IN REAL TIME; AND
   (III)  THAT THE TECHNOLOGY SHALL PERMIT THE NOTARY TO COMMUNICATE WITH
 AND IDENTIFY THE REMOTELY LOCATED INDIVIDUAL AT THE TIME OF THE NOTARIAL
 ACT.
   (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.
   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 IN 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. (A) ANY NOTARIAL ACT  AUTHORIZED
 BY  SECTION  ONE  HUNDRED  THIRTY-FIVE  OF THIS ARTICLE MAY BE PERFORMED
 ELECTRONICALLY AS PRESCRIBED BY THIS SECTION IF:  (I)  UNDER  APPLICABLE
 LAW  THAT  DOCUMENT MAY BE SIGNED WITH AN ELECTRONIC SIGNATURE; AND (II)
 THE ELECTRONIC NOTARY PUBLIC IS LOCATED WITHIN THE STATE OF NEW YORK  AT
 THE TIME OF THE PERFORMANCE OF AN ELECTRONIC NOTARIAL ACT USING COMMUNI-
 CATION TECHNOLOGY, REGARDLESS OF THE LOCATION OF THE DOCUMENT SIGNER.
   (B) AN ELECTRONIC NOTARIAL ACT PERFORMED USING COMMUNICATION TECHNOLO-
 GY  PURSUANT  TO  THIS  SECTION SATISFIES ANY REQUIREMENT OF LAW OF THIS
 STATE THAT A DOCUMENT SIGNER PERSONALLY APPEAR BEFORE, BE IN  THE  PRES-
 ENCE  OF,  OR  BE IN A SINGLE TIME AND PLACE WITH A NOTARY PUBLIC AT THE
 TIME OF THE PERFORMANCE OF THE NOTARIAL ACT.
   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 THE ELECTRONIC DOCUMENT

 A. 399--B                           3
 
 SUCH  THAT REMOVAL OR ALTERATION OF SUCH ELECTRONIC SIGNATURE IS DETECT-
 ABLE AND WILL RENDER EVIDENCE OF ALTERATION OF THE  DOCUMENT  CONTAINING
 THE NOTARY SIGNATURE WHICH MAY INVALIDATE THE ELECTRONIC NOTARIAL ACT.
   (B)  THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE IS DEEMED TO BE RELIABLE
 IF THE STANDARDS WHICH HAVE BEEN  APPROVED  THROUGH  REGULATION  BY  THE
 SECRETARY  OF  STATE  HAVE BEEN MET. SUCH REGULATIONS SHALL INCLUDE, BUT
 NOT BE LIMITED TO, THE REQUIREMENTS THAT SUCH ELECTRONIC SIGNATURE BE:
   (I) UNIQUE TO THE NOTARY PUBLIC;
   (II) CAPABLE OF INDEPENDENT VERIFICATION;
   (III) RETAINED UNDER THE NOTARY PUBLIC'S SOLE CONTROL;
   (IV) ATTACHED TO THE ELECTRONIC DOCUMENT; AND
   (V) LINKED TO THE DATE IN SUCH A MANNER  THAT  ANY  SUBSEQUENT  ALTER-
 ATIONS  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.
   (B) IF OTHERWISE REQUIRED BY LAW AS A CONDITION FOR RECORDING, THAT  A
 DOCUMENT  BE  SIGNED,  THE REQUIREMENT MAY BE SATISFIED BY AN ELECTRONIC
 SIGNATURE.
   (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.
   8. NO NOTARY PUBLIC OR BUSINESS EMPLOYING THE  SERVICES  OF  A  NOTARY
 PUBLIC  OPERATING  IN  THE  STATE  OF NEW YORK SHALL EXCLUSIVELY REQUIRE
 NOTARIAL TRANSACTIONS TO UTILIZE ELECTRONIC NOTARIZATION.
   § 2. Section 136 of the executive law  is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  FOR  ELECTRONIC  NOTARIAL  SERVICES,  ESTABLISHED  IN  SECTION ONE
 HUNDRED THIRTY-SEVEN-A OF THIS CHAPTER, A FEE SET THROUGH REGULATION  BY
 THE SECRETARY OF STATE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such effective date.