HB 2696

 Session of 2026
                        HOUSE BILL No. 2696
                           By Committee on Judiciary
  Requested by Requested by TerriLois Todd on behalf of the Register of Deeds of
                             Leavenworth County
                                       2-4
1 AN ACT concerning the modernization of notarization and the notary
2   public process with respect to real estate documents; concerning
3   mitigation of real estate document-related fraud; creating a new
4   category of verified notaries public with respect to real estate
5   documents; providing for the development, implementation and
6   administration of a device-bound authentication system for notarization
7   of real estate documents; requiring the use of a three-dimensional
8   liveness biometric antifraud system by all notaries public in such new
9   category by December 31, 2027; amending K.S.A. 58-2209 and 58-
10   2211 and repealing the existing sections.
11
12 Be it enacted by the Legislature of the State of Kansas:
13    New Section 1. For purposes of sections 1 and 2, and amendments
14 thereto:
15    (a) "Biometric antifraud system" means a system including device-
16 bound hardware, software, internet transmission, authentication and
17 storage technology components that:
18    (1) Is capable of capturing, transmitting, processing, authenticating
19 and storing biometric data; and
20    (2) incorporates security elements to protect the integrity of the
21 system and authenticity of the biometric information, including, but not
22 limited to, three-dimensional liveness detection technology.
23    (b) "Device-bound hardware" means a dedicated physical internet
24 terminal that:
25    (1) Includes a camera system capable of recording three-dimensional
26 digital images;
27    (2) is physically separate from any other electronic device, including
28 a cell phone, computer or tablet;
29    (3) incorporates technology providing a secure internet connection
30 and data transmission;
31    (4) is designed to protect against remote attacks on data authenticity,
32 including by substituted, altered or created images; and
33    (5) is intended for use as a component of a biometric antifraud
34 system.
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1     (c) "Biometric information" means a digital record of an individual's
2 facial features obtained via a device-bound hardware camera system that
3 utilizes three-dimensional liveness detection and other technologies to
4 protect the authenticity of such digital record against remote internet
5 attacks.
6     (d) "Real estate document" or "document pertaining to real estate"
7 includes, but is not limited to:
8     (1) Real estate listing agreements;
9     (2) affidavits pertaining to real estate, including, but not limited to,
10 affidavits of:
11     (A) Equitable interest;
12     (B) non-production;
13     (C) matters pertaining to homestead;
14     (D) marital status;
15     (E) affixation; and
16     (F) adverse possession;
17     (3) agreements, including, but not limited to:
18     (A) Bills of sale;
19     (B) contracts for deed; and
20     (C) memorandums of understanding;
21     (4) assignments, including, but not limited to, assignments of:
22     (A) Mortgage; and
23     (B) rents;
24     (5) articles of incorporation;
25     (6) certified copies of foreign judgements filed with the county;
26     (7) covenants;
27     (8) deeds, including, but not limited to:
28     (A) Administrator deeds;
29     (B) corporation deeds;
30     (C) deeds in lieu of foreclosure;
31     (D) deeds of revocation;
32     (E) quitclaim deeds;
33     (F) sheriff's deeds;
34     (G) special warranty deeds;
35     (H) transfer on death deeds;
36     (I) trustee deeds; and
37     (J) warranty deeds;
38     (9) power of attorney, including, but not limited to:
39     (A) Durable;
40     (B) real estate; and
41     (C) general;
42     (10) all easements, including, but not limited to:
43     (A) Right-of-way;
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1     (B) shared driveway; and
2     (C) first right of refusal;
3     (11) leases, including, but not limited to:
4     (A) Real property;
5     (B) oil and gas;
6     (C) mineral rights; and
7     (D) lease agreements;
8     (12) all liens upon real estate and such lien releases, including, but
9 not limited to:
10     (A) Artisan;
11     (B) repairman's; and
12     (C) agister's;
13     (13) lis pendens;
14     (14) mortgages, including, but not limited to:
15     (A) Mortgages upon real estate;
16     (B) merger mortgages;
17     (C) mortgage releases; and
18     (D) mortgage assignments;
19     (15) plats;
20     (16) homeowners association documents, including, but not limited
21 to:
22     (A) Covenants and restrictions; and
23     (B) liens; and
24     (17) any other miscellaneous documents that pertain to real estate if
25 required by the county.
26     (e) "Verified notary public" means a certified notary public who is
27 authorized to notarize real estate documents using the biometric antifraud
28 system pursuant to the provisions of this act.
29     New Sec. 2. (a) (1) As a result of rapidly growing fraud with respect
30 to documents relating to real estate and the significant financial losses and
31 hardship to victims of such fraud, vulnerabilities to such fraud inherent in
32 the current procedure and process of notarization and filing of documents
33 pertaining to real estate with the county shall be addressed. An
34 authentication process for confirming the identity and presence of a notary
35 public witnessing a signature and obtaining identification information of
36 the signer of the document utilizing the most current available technology
37 shall be implemented. As provided by this section, the submission of
38 biometric information by a certified notary public as required by a
39 biometric antifraud system shall be a condition of certification as a verified
40 notary public for all notaries public who elect to notarize signatures for
41 real estate documents. The use of such system as provided by this section
42 shall be a condition of the grant of authority or continued authority to
43 verified notaries public to notarize signatures for real estate documents.
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1     (2) Not later than December 31, 2027, each notary public who
2 notarizes real estate documents shall be a verified notary public and shall
3 utilize a process incorporating a biometric antifraud system as provided by
4 this section. All counties shall require use by verified notaries public of
5 such biometric antifraud system as a condition of recording of such real
6 estate documents with the county on or before such date. Banks or other
7 private entities shall use of such system by verified notaries public at any
8 time that real estate documents are presented for recording with the county.
9 Any such system to be used by a verified notary public for the recording of
10 real estate documents with the county shall be approved by the secretary of
11 state to ensure functionality across all counties.
12     (3) On or before December 31, 2027, every county shall develop and
13 implement protocols, procedures and requirements for the use and
14 integration of indicia of authentication of the identity of a verified notary
15 public, or other information for the purpose of authentication of a
16 document, that is provided by a verified notary public utilizing a biometric
17 antifraud system. In assisting counties with the development and
18 implementation of such protocols, procedures and requirements,
19 representatives for notaries public shall collaborate with the office of the
20 secretary of state and the vendor or vendors for such biometric antifraud
21 system. On and after December 31, 2027, no document pertaining to real
22 estate shall be accepted for recording by a county without authentication
23 through the biometric antifraud system as provided by this section.
24     (4) On and after December 31, 2027, all applicants for certification as
25 a verified notary public with the secretary of state shall, at the time of
26 certification, be required to provide biometric information as provided by
27 this section. Such biometric information may be provided at any location
28 authorized for such purpose by the secretary of state and shall be
29 conducted using hardware authorized by the secretary of state for purposes
30 of functionality across all counties. Certification of notaries public as
31 verified notaries public and necessary hardware for obtaining their
32 biometric information shall be available at least at one county
33 governmental office within each county.
34     (5) Notwithstanding any other provision of law, notaries public who
35 elect authorization to notarize real estate documents as verified notaries
36 public and provide biometric information for use by the biometric
37 antifraud system may charge a reasonable additional fee when notarizing
38 real estate documents for the purpose of reimbursing expenses of acquiring
39 device-bound hardware and any other expenses incurred by the use of the
40 biometric antifraud system and as compensation for the use of their
41 biometric information. Such fee shall be in an amount set in the discretion
42 of the notary public and approved by the secretary of state.
43     (b) It is the intent of the legislature that to accomplish the goal of
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1 minimizing real estate document fraud, the biometric antifraud system,
2 including liveness-capable face recognition hardware, software,
3 transmission, authentication and storage elements, shall be continually
4 developed, customized, enhanced or upgraded. Each verified notary
5 public, in collaboration with the secretary of state and office of
6 information technology services, shall ensure on an ongoing basis that the
7 antifraud biometric system is utilizing current technology, features,
8 security provisions and best practices to protect real estate documents and
9 personal identification information. Each county shall ensure that the
10 procedures and protocols of such county utilize the authentication
11 information or other information provided by the biometric antifraud
12 system in a manner that will best accomplish the purposes of this act.
13     (c) The capabilities of the biometric antifraud system shall:
14     (1) Provide for the secure identification using biometric information
15 of a verified notary public at the time of certification with the secretary of
16 state and, at the time of notarizing a real estate document secure
17 identification using biometric information of the signer of a real estate
18 document and correlation of such information with such document and
19 notarization event. Biometric information of a verified notary public shall
20 be anonymized and held in such form by the vendor or vendors of the
21 system. Personal identification information of a verified notary public
22 shall be stored in the custody of the secretary of state. No biometric
23 identification information shall be stored in the custody of the state or any
24 subdivision of the state;
25     (2) securely maintain and provide access to an anonymized digital
26 record of such information and enable authentication of a verified notary
27 public's identity by the matching of the biometric information of such
28 verified notary public obtained at the time of certification with biometric
29 information provided by such verified notary public at the time of
30 notarization of a real estate document. Information for purposes of
31 authentication shall be securely and immediately available to a verified
32 notary public at the time of notarization;
33     (3) provide a means of authentication of the identity of the verified
34 notary public and the validity of the signature and notarization for use by
35 the county when a real estate document is presented for recording. Such
36 indicia of identification and authenticity shall include a uniquely designed
37 statewide notary stamp to be used solely by verified notaries public with a
38 space for imprinting by a verified notary public of a unique, single-use
39 numeric or alphanumeric verification code for purposes of authentication
40 that shall be provided to the verified notary public at the time of
41 notarization; and
42     (4) store and provide access to biometric information of the signer of
43 a real estate document for authentication purposes or the prevention or
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1 prosecution of fraud. Anonymized biometric information shall be stored
2 and maintained by the system vendor. Any personal identification
3 information of the signer of a document shall only be stored and
4 maintained in the custody of the secretary of state.
5    (d) The components of the system shall include:
6    (1) A device-bound hardware system that shall produce three-
7 dimensional digital images for purposes of identifying, authenticating and
8 documenting the verified notary public, signer of a real estate document
9 and the document being notarized during the notarization process. The
10 hardware system shall permit the immediate secure transmission of
11 anonymized biometric information for authentication of the verified notary
12 public's identity when notarizing a real estate document and documenting
13 biometric information of the signer of such document. The hardware
14 system shall additionally be provided to and enabled for use by the
15 secretary of state for purposes of obtaining biometric information of a
16 notary public at the time of certification of a verified notary public and
17 transmitting such anonymized information to the system vendor;
18    (2) secure software and an integrated remote system that shall
19 securely record, store and transmit anonymized biometric information and
20 other information that shall include, but not be limited to, a time stamp.
21 The system shall enable secure and immediate matching of anonymized
22 biometric information for the purpose of authenticating the identity of a
23 verified notary public at the time of notarization and providing indicia of
24 such authentication, including a unique, single-use numeric or
25 alphanumeric code, to the verified notary public for purposes of
26 authenticating the notarization for recording with the county; and
27    (3) robust security and privacy controls that protect the storage,
28 anonymity, transmission and integrity of anonymized biometric
29 information and personal identification information held by the vendor and
30 the secretary of state, respectively.
31    (e) The provisions of this section shall supersede state laws that are
32 inconsistent with any such provisions.
33    Sec. 3. K.S.A. 58-2209 is hereby amended to read as follows: 58-
34 2209. All deeds or other conveyances of lands, or of any estate or interest
35 therein, shall be subscribed by the party granting the same such deeds or
36 conveyances, or by the party's lawful agent or attorney, and may be
37 acknowledged or proved and certified in the manner prescribed by the
38 revised uniform law on notarial acts and K.S.A. 58-2216, and amendments
39 thereto, except as provided by section 1, and amendments thereto.
40    Sec. 4. K.S.A. 58-2211 is hereby amended to read as follows: 58-
41 2211. All conveyances, and other instruments affecting real estate must
42 shall be acknowledged before a person authorized by the revised uniform
43 law on notarial acts to perform notarial acts or, if acknowledged within this
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1 state, by a county clerk, register of deeds or mayor or clerk of an
2 incorporated city. The manner of acknowledgment and requirements for
3 authorization of a person to perform notarial acts with respect to
4 conveyances and other instruments affecting real estate shall be subject to
5 the provisions of section 1, and amendments thereto.
6     Sec. 5. K.S.A. 58-2209 and 58-2211 are hereby repealed.
7     Sec. 6. This act shall take effect and be in force from and after its
8 publication in the statute book.