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AB4076 Summary:

BILL NOA04076B
 
SAME ASSAME AS S04352-B
 
SPONSORRozic
 
COSPNSRSteck
 
MLTSPNSR
 
Add 137-a, amd 136, Exec L
 
Relates to providing for electronic notarization; authorizes the use of video and audio conference technology in identifying individuals for electronic notarization.
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AB4076 Actions:

BILL NOA04076B
 
02/01/2019referred to governmental operations
05/20/2019amend and recommit to governmental operations
05/20/2019print number 4076a
01/08/2020referred to governmental operations
02/11/2020amend and recommit to governmental operations
02/11/2020print number 4076b
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AB4076 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4076B
 
SPONSOR: Rozic
  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 advances. 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: 2019: A4076A (Rozic) - Governmental Operations   FISCAL IMPLICATIONS: Minimal.   EFFECTIVE DATE: This act shall take 90 days after it becomes law.
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AB4076 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4076--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2019
                                       ___________
 
        Introduced  by M. of A. ROZIC -- read once and referred to the Committee
          on Governmental Operations  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee on Governmental Operations in  accordance
          with  Assembly  Rule  3, sec. 2 -- 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:
 
     1    Section 1. The executive law is amended by adding a new section  137-a
     2  to read as follows:
     3    §  137-a.  Electronic notarization. 1.   Definitions. (a) "Electronic"
     4  shall have the same meaning as set forth in subdivision one  of  section
     5  three hundred two of the state technology law.
     6    (b)  "Electronic  document"  means information that is created, gener-
     7  ated, sent, communicated, received or stored by electronic means.
     8    (c) "Electronic notarial act" means an official act by a notary public
     9  on or involving an electronic document and using means authorized by the
    10  secretary of state.
    11    (d) "Electronic notary public" or "electronic notary" means  a  notary
    12  public  who has registered with the secretary of state the capability of
    13  performing electronic notarial acts.
    14    (e) "Electronic signature" shall have the same meaning as set forth in
    15  subdivision three of section three hundred two of the  state  technology
    16  law.
    17    (f)  "Electronic notarial statement of authority" means the portion of
    18  a notarized electronic document that is completed by a notary public and
    19  contains the notary public's electronic signature  and  all  information
    20  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.
                                                                   LBD01369-04-0

        A. 4076--B                          2
 
     1    (g)  "Notary  electronic  signature"  means  those forms of electronic
     2  signature, which have been approved by the  secretary  of  state  as  an
     3  acceptable  means  for an electronic notary to affix the notary public's
     4  official signature to an electronic record that is being notarized.
     5    2.  Identifying  document  signers.    (a) The methods for identifying
     6  document signers for an electronic notarization shall be the same as the
     7  methods required for a paper-based notarization; provided,  however,  in
     8  the  case  of  an  electronic notarization, such methods may be based on
     9  video and audio conference technology that meet the following standards:
    10    (i) the persons communicating shall simultaneously see  and  speak  to
    11  one another;
    12    (ii) the signal transmission shall be in live, real time;
    13    (iii)  the  signal  transmission  shall  be  secure  from interception
    14  through lawful means by anyone other than the persons communicating; and
    15    (iv) the technology shall permit the notary to  communicate  with  and
    16  identify  the  document signer at the time of the notarial act, provided
    17  that such identification is confirmed by:
    18    (A) personal knowledge;
    19    (B) an antecedent in-person identity proofing  process  in  accordance
    20  with  the  specifications of the Federal Bridge Certification Authority;
    21  or
    22    (C) a valid digital certificate accessed by biometric data or  by  use
    23  of   an  interoperable  Personal  Identity  Verification  card  that  is
    24  designed, issued, and managed  in  accordance  with  the  specifications
    25  published  by  the  National  Institute  of  Standards and Technology in
    26  Federal Information Processing Standards  Publication  201-1,  "Personal
    27  Identity  Verification  (PIV) of Federal Employees and Contractors", and
    28  supplements thereto or revisions thereof, including  the  specifications
    29  published by the Federal Chief Information Officers Council in "Personal
    30  Identity Verification Interoperability for Non-Federal Issuers".
    31    (b)  If  video and audio conference technology has been used to ascer-
    32  tain a document signer's identity, the electronic notary  shall  keep  a
    33  copy  of  the recording of the video and audio conference and a notation
    34  of the type of any other identification used.  The  recording  shall  be
    35  maintained  for  a  period of at least ten years from the date of trans-
    36  action.
    37    (c) In addition to the methods described in paragraphs (a) and (b)  of
    38  this  subdivision,  identity  may  be verified by: (i) the remote online
    39  notary public's personal knowledge of the person creating the electronic
    40  signature; or
    41    (ii) each of the following: (A)  remote  presentation  by  the  person
    42  creating  the electronic signature of a government-issued identification
    43  credential, including a passport or driver's license, that contains  the
    44  signature  and  a photograph of the person; (B) credential analysis; and
    45  (C) identity proofing.
    46    (d) For purposes of this subdivision: (i) "credential analysis"  means
    47  a  process or service that meets the standards established by the secre-
    48  tary of state through which a third person affirms  the  validity  of  a
    49  government-issued identification credential through review of public and
    50  proprietary data sources; and
    51    (ii)  "identity proofing" means a process or service operating accord-
    52  ing to standards established by the secretary of state through  which  a
    53  third  person  affirms  the  identity  of an individual: (A) by means of
    54  dynamic knowledge based authentication such  as  a  review  of  personal
    55  information  from public or proprietary data sources; or (B) by means of

        A. 4076--B                          3
 
     1  analysis of biometric data such as, but not limited to, facial  recogni-
     2  tion, voiceprint analysis, or fingerprint analysis.
     3    3.  Registration  requirements.  (a)  Before performing any electronic
     4  notarial act or acts, a notary public shall register the  capability  to
     5  notarize electronically with the secretary of state on a form prescribed
     6  by the secretary of state.
     7    (b) In registering the capability to perform electronic notarial acts,
     8  the  notary public shall provide the following information to the secre-
     9  tary of state, notary processing unit:
    10    (i) the applicant's name as currently commissioned and complete  mail-
    11  ing address;
    12    (ii)  the expiration date of the notary public's commission and signa-
    13  ture of the commissioned notary public;
    14    (iii) the applicant's e-mail address;
    15    (iv) the description of the electronic technology or  technologies  to
    16  be  used  in  attaching  the notary public's electronic signature to the
    17  electronic document; and
    18    (v) an exemplar of the notary  public's  electronic  signature,  which
    19  shall contain the notary public's name and any necessary instructions or
    20  techniques  that  allow  the  notary public's electronic signature to be
    21  read.
    22    4. Types of electronic notarial acts. Any notarial act  authorized  by
    23  section  one  hundred thirty-five of this article may be performed elec-
    24  tronically as prescribed by this section if under  applicable  law  that
    25  document may be signed with an electronic signature.
    26    5. Form and manner of performing the electronic notarial act. (a) When
    27  performing  an  electronic  notarial act, a notary public shall apply an
    28  electronic signature, which shall be attached to or logically associated
    29  with the electronic document such that removal  or  alteration  of  such
    30  electronic  signature  is  detectable and will render evidence of alter-
    31  ation of the document containing the notary signature which may  invali-
    32  date the electronic notarial act.
    33    (b)  The notary public's electronic signature is deemed to be reliable
    34  if the following requirements are met: (i) it is unique  to  the  notary
    35  public;
    36    (ii) it is capable of independent verification;
    37    (iii) it is retained under the notary public's sole control;
    38    (iv)  it  is  attached  to or logically associated with the electronic
    39  document; and
    40    (v) it is linked to the data in such  a  manner  that  any  subsequent
    41  alterations to the underlying document are detectable and may invalidate
    42  the electronic notarial act.
    43    (c)  The  notary  public's electronic signature shall be used only for
    44  the purpose of performing electronic notarial acts.
    45    (d) The remote online notarial certificate for an electronic  notarial
    46  act shall state that the person making the acknowledgement or making the
    47  oath appeared remotely online.
    48    (e)  The secretary shall adopt rules necessary to establish standards,
    49  procedures, practices, forms, and records relating to a notary  public's
    50  electronic  signature.  The  notary  public's electronic signature shall
    51  conform to any standards adopted by the secretary.
    52    6.  Recording of an electronic record. (a) If  otherwise  required  by
    53  law  as  a  condition for recording that a document be an original docu-
    54  ment, printed on paper or another tangible medium, or be in writing, the
    55  requirement is satisfied by paper copy  of  an  electronic  record  that
    56  complies with the requirements of this section.

        A. 4076--B                          4
 
     1    (b)  If otherwise required by law as a condition for recording, that a
     2  document be signed, the requirement is satisfied by an electronic signa-
     3  ture.
     4    (c)  A  requirement  that  a document or a signature associated with a
     5  document be notarized, acknowledged, verified, witnessed, or made  under
     6  oath  is  satisfied if the electronic signature of the person authorized
     7  to perform that act, and all other information required to be  included,
     8  is attached to or logically associated with the document or signature. A
     9  physical  or  electronic  image of a stamp, impression, or seal need not
    10  accompany an electronic signature if the notary has  attached  an  elec-
    11  tronic notarial certificate that meets the requirements of this section.
    12    7.   Change of e-mail address. Within five days after the change of an
    13  electronic notary public's e-mail address, the notary public shall elec-
    14  tronically transmit to the secretary of state a notice  of  the  change,
    15  signed with the notary public's official electronic signature.
    16    §  2.  Section  136 of the executive law, as amended by chapter 143 of
    17  the laws of 1991, is amended to read as follows:
    18    § 136. Notarial fees. A  notary  public  shall  be  entitled  to  [the
    19  following] fees[:
    20    1.  For  administering an oath or affirmation, and certifying the same
    21  when required, except where another fee is  specifically  prescribed  by
    22  statute, two dollars.
    23    2.  For taking and certifying the acknowledgment or proof of execution
    24  of a written instrument, by one person, two dollars, and by  each  addi-
    25  tional  person,  two  dollars,  for  swearing  each witness thereto, two
    26  dollars], including for electronic notarial services, as  authorized  by
    27  the secretary of state.
    28    §  3.  This  act shall take effect on the ninetieth day after it shall
    29  have become a law. Effective immediately, the addition, amendment and/or
    30  repeal of any rule or regulation necessary  for  the  implementation  of
    31  this  act  on  its effective date are authorized to be made on or before
    32  such effective date.
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