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A06703 Summary:

BILL NOA06703
 
SAME ASNo Same As
 
SPONSOREnglebright
 
COSPNSR
 
MLTSPNSR
 
Add S137-a, amd S136, Exec L
 
Authorizes electronic notarization.
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A06703 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6703
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 30, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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
 
          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.
    21    (g)  "Notary  electronic  signature"  means  those forms of electronic
    22  signature, which have been approved by the  secretary  of  state  as  an
    23  acceptable  means  for an electronic notary to affix the notary public's
    24  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.
                                                                   LBD10111-01-5

        A. 6703                             2
 
     1    2. Physical appearance requirement. (a)  A  notary  public  shall  not
     2  perform  an  electronic  notarial  act  if  the document signer does not
     3  appear in person before the notary public at the time  of  notarization.
     4  Under  no  circumstance shall a notary public base identification merely
     5  upon  familiarity  with a signer's electronic signature or an electronic
     6  verification process that authenticates the signer's  electronic  signa-
     7  ture  when  the  signer  is  not  in the physical presence of the notary
     8  public.
     9    (b) The methods for identifying document  signers  for  an  electronic
    10  notarization shall be the same as the methods required for a paper-based
    11  notarization.
    12    3.  Registration  requirements.  (a)  Before performing any electronic
    13  notarial act or acts, a notary public shall register the  capability  to
    14  notarize electronically with the secretary of state on a form prescribed
    15  by the secretary of state.
    16    (b) In registering the capability to perform electronic notarial acts,
    17  the  notary public shall provide the following information to the secre-
    18  tary of state, notary processing unit:
    19    (i) the applicant's name as currently commissioned and complete  mail-
    20  ing address;
    21    (ii)  the expiration date of the notary public's commission and signa-
    22  ture of the commissioned notary public;
    23    (iii) the applicant's e-mail address;
    24    (iv) the description of the electronic technology or  technologies  to
    25  be  used  in  attaching  the notary public's electronic signature to the
    26  electronic document;
    27    (v) an exemplar of the notary  public's  electronic  signature,  which
    28  shall contain the notary public's name and any necessary instructions or
    29  techniques  that  allow  the  notary public's electronic signature to be
    30  read; and
    31    (vi) if the device used to create the electronic signature was  issued
    32  or  registered  through  a licensed certification authority, the name of
    33  the authority, the source of the license, the  starting  and  expiration
    34  dates  of  the device's term of registration and any revocations, annul-
    35  ments, or other premature terminations of any registered device  of  the
    36  registrant  that was due to misuse or compromise of the device, with the
    37  date, cause and nature of each termination explained in detail.
    38    4. Types of electronic notarial acts. Any notarial act  authorized  by
    39  section  one  hundred thirty-five of this article may be performed elec-
    40  tronically as prescribed by this section if under  applicable  law  that
    41  document may be signed with an electronic signature.
    42    5. Form and manner of performing the electronic notarial act. (a) When
    43  performing  an  electronic  notarial act, a notary public shall apply an
    44  electronic signature, which shall be attached to or logically associated
    45  with the electronic document such that removal  or  alteration  of  such
    46  electronic  signature  is  detectable and will render evidence of alter-
    47  ation of the document containing the notary signature which may  invali-
    48  date the electronic notarial act.
    49    (b)  The notary public's electronic signature is deemed to be reliable
    50  if the following requirements are met: (i) it is unique  to  the  notary
    51  public;
    52    (ii) it is capable of independent verification;
    53    (iii) it is retained under the notary public's sole control;
    54    (iv)  it  is  attached  to or logically associated with the electronic
    55  document; and

        A. 6703                             3
 
     1    (v) it is linked to the data in such  a  manner  that  any  subsequent
     2  alterations to the underlying document are detectable and may invalidate
     3  the electronic notarial act.
     4    (c)  The  notary  public's electronic signature shall be used only for
     5  the purpose of performing electronic notarial acts.
     6    (d) The secretary shall adopt rules necessary to establish  standards,
     7  procedures,  practices, forms, and records relating to a notary public's
     8  electronic signature. The notary  public's  electronic  signature  shall
     9  conform to any standards adopted by the secretary.
    10    6.  Change  of e-mail address. Within five days after the change of an
    11  electronic notary public's e-mail address, the notary public shall elec-
    12  tronically transmit to the secretary of state a notice  of  the  change,
    13  signed with the notary public's official electronic signature.
    14    §  2.  Section  136  of  the  executive law is amended by adding a new
    15  subdivision 3 to read as follows:
    16    3. For electronic notarial  services,  except  where  another  fee  is
    17  specifically  prescribed by statute, a fee not in excess of those speci-
    18  fied within this section.
    19    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    20  have become a law. Effective immediately, the addition, amendment and/or
    21  repeal  of  any  rule  or regulation necessary for the implementation of
    22  this act on its effective date is authorized to be  made  on  or  before
    23  such effective date.
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