NY State Senate Bill S1780

Archive: Last Bill Status - Signed by Governor

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (23)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2021	approval memo.128 signed chap.767
Dec 10, 2021	delivered to governor
Jun 09, 2021	returned to senate passed assembly ordered to third reading rules cal.654 substituted for a399b
Jun 01, 2021	referred to governmental operations returned to assembly repassed senate
May 24, 2021	amended on third reading 1780c
May 24, 2021	vote reconsidered - restored to third reading
May 20, 2021	returned to senate recalled from assembly
Mar 24, 2021	referred to governmental operations delivered to assembly passed senate
Mar 10, 2021	amended on third reading 1780b
Mar 03, 2021	advanced to third reading amended 1780a
Mar 02, 2021	2nd report cal.
Mar 01, 2021	1st report cal.458
Jan 15, 2021	referred to finance

Votes

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

S1780 - Details

See Assembly Version of this Bill:: A399
Law Section:: Executive Law
Laws Affected:: Add §137-a, amd §136, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S4352, A4076

S1780 - Summary

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

S1780 - Sponsor Memo

 
BILL NUMBER: S1780

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:

2020 - S435B Amend And Recommit to Environmental Conservation / Print
Number 4325A

Assembly 2020 - A7556A Amend And Recommit to Environmental Conservation
/ Print Number 7556A

 
FISCAL IMPLICATIONS:

Minimal.

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

S1780 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1780
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 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.
                                                            LBD03271-01-1

 S. 1780                             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 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.
   3. REGISTRATION REQUIREMENTS. (A)  BEFORE  PERFORMING  ANY  ELECTRONIC
 NOTARIAL  ACT  OR ACTS, A NOTARY PUBLIC SHALL REGISTER THE CAPABILITY TO

 S. 1780                             3
 
 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.
   (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.

 S. 1780                             4
 
   (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.

Co-Sponsors

S1780A - Details

See Assembly Version of this Bill:: A399
Law Section:: Executive Law
Laws Affected:: Add §137-a, amd §136, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S4352, A4076

S1780A - Summary

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

S1780A - Sponsor Memo

 
BILL NUMBER: S1780A

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 sign-
ers for an electronic notarization including video and for video and

audio conference technology sets standards for video and audio confer-
ence 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:

2020 - S435B Amend And Recommit to Environmental Conservation / Print
Number 4325A

Assembly 2020 - A7556A Amend And Recommit to Environmental Conservation
/ Print Number 7556A
 
FISCAL IMPLICATIONS:

Minimal.

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

S1780A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1780--A
     Cal. No. 458
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced  by  Sens. SKOUFIS, GOUNARDES, REICHLIN-MELNICK -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Finance -- reported favorably from said committee, ordered to first
   and second report, amended on second report, ordered to a third  read-
   ing,  and to be reprinted as amended, retaining its place in the order
   of third reading
 
 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
 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.
                                                            LBD03271-02-1

 S. 1780--A                          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.
   (G)  "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.
   (H)  "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.
   (I) "REMOTELY LOCATED INDIVIDUAL" MEANS AN INDIVIDUAL WHO  IS  NOT  IN
 THE  PHYSICAL  PRESENCE OF THE NOTARY PUBLIC AT THE TIME OF THE NOTARIAL
 ACT.
   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 FOLLOWING STANDARDS:
   (I)  THE SIGNAL TRANSMISSION SHALL BE SECURE FROM INTERCEPTION THROUGH
 LAWFUL MEANS BY ANYONE OTHER THAN THE PERSONS COMMUNICATING; AND
   (II) THE TECHNOLOGY SHALL PERMIT THE NOTARY TO  COMMUNICATE  WITH  AND
 IDENTIFY  THE  REMOTELY  LOCATED  INDIVIDUAL AT THE TIME OF THE NOTARIAL
 ACT, PROVIDED THAT SUCH IDENTIFICATION IS CONFIRMED BY:
   (A) PERSONAL KNOWLEDGE; OR
   (B) EACH OF THE FOLLOWING:  (1)  REMOTE  PRESENTATION  BY  THE  PERSON
 CREATING  THE ELECTRONIC SIGNATURE OF A GOVERNMENT ISSUED IDENTIFICATION
 CREDENTIAL, INCLUDING SUCH PERSON'S PASSPORT OR DRIVER'S  LICENSE,  THAT
 CONTAINS  THE  SIGNATURE AND A PHOTOGRAPH OF SUCH PERSON; (2) CREDENTIAL
 ANALYSIS; AND (3) IDENTITY PROOFING.
   (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)  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.
   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:

 S. 1780--A                          3
 
   (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 AT THE TIME  OF
 THE  PERFORMANCE OF AN ELECTRONIC NOTARIAL ACT USING COMMUNICATION TECH-
 NOLOGY, 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 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. 1780--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, 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] 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.

Co-Sponsors

S1780B - Details

See Assembly Version of this Bill:: A399
Law Section:: Executive Law
Laws Affected:: Add §137-a, amd §136, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S4352, A4076

S1780B - Summary

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

S1780B - Sponsor Memo

 
BILL NUMBER: S1780B

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 sign-
ers for an electronic notarization including video and for video and

audio conference technology sets standards for video and audio confer-
ence 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 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:

2020 - S435B Amend And Recommit to Environmental Conservation / Print
Number 4325A

Assembly 2020 - A7556A Amend And Recommit to Environmental Conservation
/ Print Number 7556A
 
FISCAL IMPLICATIONS:

Minimal.

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

S1780B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1780--B
     Cal. No. 458
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced  by  Sens. SKOUFIS, GOUNARDES, REICHLIN-MELNICK -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Finance -- reported favorably from said committee, ordered to first
   and second report, amended on second report, ordered to a third  read-
   ing,  and to be reprinted as amended, retaining its place in the order
   of third reading -- reported favorably from said  committee  to  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 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
 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.
                                                            LBD03271-06-1

 S. 1780--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.
   (G)  "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.
   (H)  "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.
   (I) "REMOTELY LOCATED INDIVIDUAL" MEANS AN INDIVIDUAL WHO  IS  NOT  IN
 THE  PHYSICAL  PRESENCE OF THE NOTARY PUBLIC AT THE TIME OF THE NOTARIAL
 ACT.
   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 FOLLOWING STANDARDS:
   (I)  THE SIGNAL TRANSMISSION SHALL BE SECURE FROM INTERCEPTION THROUGH
 LAWFUL MEANS BY ANYONE OTHER THAN THE PERSONS COMMUNICATING;
   (II) THE SIGNAL TRANSMISSION SHALL BE LIVE, IN REAL TIME; AND
   (III) THE TECHNOLOGY SHALL PERMIT THE NOTARY TO COMMUNICATE  WITH  AND
 IDENTIFY  THE  REMOTELY  LOCATED  INDIVIDUAL AT THE TIME OF THE NOTARIAL
 ACT, PROVIDED THAT SUCH IDENTIFICATION IS CONFIRMED BY:
   (A) PERSONAL KNOWLEDGE;
   (B) AN ANTECEDENT IN-PERSON IDENTITY VERIFICATION PROCESS  IN  ACCORD-
 ANCE WITH THE SPECIFICATIONS OF THE FEDERAL BRIDGE CERTIFICATION AUTHOR-
 ITY; OR
   (C)  EACH  OF  THE  FOLLOWING:  (1)  REMOTE PRESENTATION BY THE PERSON
 CREATING THE ELECTRONIC SIGNATURE OF A GOVERNMENT ISSUED  IDENTIFICATION
 CREDENTIAL,  INCLUDING  SUCH PERSON'S PASSPORT OR DRIVER'S LICENSE, THAT
 CONTAINS THE SIGNATURE AND A PHOTOGRAPH OF SUCH PERSON;  (2)  CREDENTIAL
 ANALYSIS; AND (3) IDENTITY PROOFING.
   (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) 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.
   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.

 S. 1780--B                          3
 
   (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 AT THE TIME OF
 THE PERFORMANCE OF AN ELECTRONIC NOTARIAL ACT USING COMMUNICATION  TECH-
 NOLOGY, 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 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

 S. 1780--B                          4
 
 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 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.

Co-Sponsors

S1780C (ACTIVE) - Details

See Assembly Version of this Bill:: A399
Law Section:: Executive Law
Laws Affected:: Add §137-a, amd §136, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S4352, A4076

S1780C (ACTIVE) - Summary

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

S1780C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1780C

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

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. The bill
establishes definitions and sets forth registration requirements for
electronic notaries public. It establishes that notarial acts can be
performed electronically, subject to certain requirements. The bill also
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.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended version of the bill establishes new consumer protection
requirements related to electronic notarizations.

 
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 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.

 
PRIOR LEGISLATIVE HISTORY:

2020: A4076B (Rozic) - Governmental Operations

2019: A4076A (Rozic) - Governmental Operations

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect 180 days 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 effec-
tive date are authorized to be made on or before such effective date.

S1780C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1780--C
     Cal. No. 458
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced  by  Sens.  SKOUFIS, GOUNARDES, MAY, REICHLIN-MELNICK -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Finance  --  reported  favorably  from  said committee,
   ordered to first and second report, amended on second report,  ordered
   to  a  third  reading,  and  to be reprinted as amended, retaining its
   place in the order of third reading -- reported  favorably  from  said
   committee  to  third reading, amended and ordered reprinted, retaining
   its place in the order of third reading -- passed by Senate and deliv-
   ered to the Assembly, recalled, vote reconsidered, restored  to  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03271-11-1

 S. 1780--C                          2
 
 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.
   (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-

 S. 1780--C                          3
 
 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
 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.

 S. 1780--C                          4
 
   § 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S1780

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 1, 2021 - floor Vote

Floor Vote: Jun 1, 2021

Mar 24, 2021 - floor Vote

Floor Vote: Mar 24, 2021

Mar 1, 2021 - Finance committee Vote

Finance Committee Vote: Mar 1, 2021

Bill Amendments

Co-Sponsors

S1780 - Details

S1780 - Summary

S1780 - Sponsor Memo

S1780 - Bill Text download pdf

Co-Sponsors

S1780A - Details

S1780A - Summary

S1780A - Sponsor Memo

S1780A - Bill Text download pdf

Co-Sponsors

S1780B - Details

S1780B - Summary

S1780B - Sponsor Memo

S1780B - Bill Text download pdf

Co-Sponsors

S1780C (ACTIVE) - Details

S1780C (ACTIVE) - Summary

S1780C (ACTIVE) - Sponsor Memo

S1780C (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1780

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 1, 2021 - floor Vote

Floor Vote: Jun 1, 2021

Mar 24, 2021 - floor Vote

Floor Vote: Mar 24, 2021

Mar 1, 2021 - Finance committee Vote

Finance Committee Vote: Mar 1, 2021

Bill Amendments

Co-Sponsors

S1780 - Details

S1780 - Summary

S1780 - Sponsor Memo

S1780 - Bill Text download pdf

Co-Sponsors

S1780A - Details

S1780A - Summary

S1780A - Sponsor Memo

S1780A - Bill Text download pdf

Co-Sponsors

S1780B - Details

S1780B - Summary

S1780B - Sponsor Memo

S1780B - Bill Text download pdf

Co-Sponsors

S1780C (ACTIVE) - Details

S1780C (ACTIVE) - Summary

S1780C (ACTIVE) - Sponsor Memo

S1780C (ACTIVE) - Bill Text download pdf

Comments