Assembly Bill A8691

Signed By Governor
2021-2022 Legislative Session

Provides for electronic notarization

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7780 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A8691 (ACTIVE) - Details

See Senate Version of this Bill:
S7780
Law Section:
Executive Law
Laws Affected:
Add §135-c, amd §§137-a, 137 & 136, Exec L; amd §3, Chap of 2021 (as proposed in S.1780-c & A.399-b)

2021-A8691 (ACTIVE) - Summary

Provides for electronic notarization; provides that a notary public is authorized to perform a remote notarization by utilizing communication technology that allows the notary public to interact with a principal; provides that a notary public qualified under this article is hereby authorized to perform an electronic notarial act by utilizing audio-video communication technology that allows the notary public to interact with a principal.

2021-A8691 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8691
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. ROZIC -- 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 and to amend a chapter of the laws of 2021 amend-
   ing the executive law relating to providing for  electronic  notariza-
   tion, as proposed in legislative bills numbers S. 1780-c and A. 399-b,
   in relation to the effectiveness thereof; and providing for the repeal
   of certain provisions upon expiration thereof
 
   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  135-c
 to read as follows:
   §  135-C.  REMOTE  INK  NOTARIZATION.  1. DEFINITIONS. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   (A) "COMMUNICATION TECHNOLOGY" MEANS BEING  ABLE  TO  SEE,  HEAR,  AND
 COMMUNICATE WITH ANOTHER INDIVIDUAL IN REAL TIME USING ELECTRONIC MEANS.
   (B)  "CREDENTIAL"  MEANS  THE  DATA,  OR GOVERNMENT ISSUED OR APPROVED
 PHYSICAL OBJECT UPON WHICH THE DATA MAY RESIDE, THAT INCLUDES THE  PRIN-
 CIPAL'S PHOTOGRAPH, SIGNATURE, AND MULTIPLE CREDENTIAL SECURITY FEATURES
 SUCH  AS:  A HOLOGRAPHIC IMAGE, RAISED OR TEXTURED PRINT, MICROPRINTING,
 LASER ENGRAVING, OPTICAL VARIABLE INK, LONG LIFE MULTI-LAYER PET (POLYE-
 THYLENE  TEREPHTHALATE)/PVC   (POLYVINYL   CHLORIDE)   CREDENTIAL   BODY
 CONSTRUCTION,  THE  ISSUING  AGENCY'S  SEAL,  OR THE CREDENTIAL HOLDER'S
 PHYSICAL CHARACTERISTICS (SUCH AS HEIGHT, EYE COLOR, HAIR COLOR).
   (C) "CREDENTIAL ANALYSIS" MEANS A PROCESS OR SERVICE  WHICH  AUTHENTI-
 CATES  A CREDENTIAL THROUGH REVIEW OF PUBLIC AND PROPRIETARY DATA SOURC-
 ES, AND COMPLIES WITH THE FOLLOWING CRITERIA:
   (I) USES AUTOMATED SOFTWARE PROCESSES TO  AID  THE  NOTARY  PUBLIC  IN
 VERIFYING THE IDENTITY OF A REMOTELY LOCATED INDIVIDUAL;
   (II) ENSURES THAT THE CREDENTIAL PASSES AN AUTHENTICITY TEST, CONSIST-
 ENT WITH SOUND COMMERCIAL PRACTICES THAT:
   (1)  USES APPROPRIATE TECHNOLOGIES TO CONFIRM THE INTEGRITY OF VISUAL,
 PHYSICAL, OR CRYPTOGRAPHIC SECURITY FEATURES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03271-12-2
              

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