KS
Kansas House Bill HB2309

Kansas 2025-2026 Regular Session

Kansas House Bill HB2309 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2309
33 By Committee on Legislative Modernization
44 Requested by TerriLois Mashburn on behalf of the Register of Deeds of
55 Leavenworth County
66 2-5
77 AN ACT concerning the modernization of notarization and the county
88 register of deeds process with respect to real estate documents;
99 concerning mitigation of real estate document-related fraud; providing
1010 for the development, implementation and administration of a two-tiered
1111 authentication system for notarization of real estate documents;
1212 requiring use of a 3D liveness biometric antifraud system by all
1313 notaries public by December 31, 2026; allowing any register of deeds
1414 to delay recording of real estate documents in the event of suspected
1515 fraud for purpose of investigating the validity of such document;
1616 amending K.S.A. 58-2241 and K.S.A. 2024 Supp. 58-2209 and 58-
1717 2211 and repealing the existing sections.
1818 Be it enacted by the Legislature of the State of Kansas:
1919 New Section 1. For purposes of sections 1 and 2, and amendments
2020 thereto:
2121 (a) "3D biometric information" means a digital record of an
2222 individual's facial features obtained via an internet of things-based camera
2323 system utilizing 3D liveness detection and other technologies.
2424 (b) "Real estate document" or "document pertaining to real estate"
2525 includes, but is not limited to:
2626 (1) Real estate listing agreements;
2727 (2) affidavits pertaining to real estate, including, but not limited to,
2828 affidavits of:
2929 (A) Equitable interest;
3030 (B) non-production;
3131 (C) matters pertaining to homestead;
3232 (D) marital status;
3333 (E) affixation; and
3434 (F) adverse possession;
3535 (3) agreements, including, but not limited to:
3636 (A) Bills of sale;
3737 (B) contracts for deed; and
3838 (C) memorandums of understanding;
3939 (4) assignments, including, but not limited to, assignments of:
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7474 (A) Mortgage; and
7575 (B) rents;
7676 (5) articles of incorporation;
7777 (6) certified copies of foreign judgements filed with the register of
7878 deeds;
7979 (7) covenants;
8080 (8) deeds, including, but not limited to:
8181 (A) Administrator deeds;
8282 (B) corporation deeds;
8383 (C) deeds in lieu of foreclosure;
8484 (D) deeds of revocation;
8585 (E) quitclaim deeds;
8686 (F) sheriff's deeds;
8787 (G) special warranty deeds;
8888 (H) transfer on death deeds;
8989 (I) trustee deeds; and
9090 (J) warranty deeds;
9191 (9) power of attorney, including, but not limited to:
9292 (A) Durable;
9393 (B) real estate; and
9494 (C) general;
9595 (10) all easements, including, but not limited to:
9696 (A) Right-of-way;
9797 (B) shared driveway; and
9898 (C) first right of refusal;
9999 (11) leases, including, but not limited to:
100100 (A) real property;
101101 (B) oil and gas;
102102 (C) mineral rights; and
103103 (D) lease agreements;
104104 (12) all liens upon real estate and such lien releases, including, but
105105 not limited to:
106106 (A) Artisan;
107107 (B) repairman's; and
108108 (C) agister's;
109109 (13) lis pendens;
110110 (14) mortgages, including, but not limited to:
111111 (A) Mortgages upon real estate;
112112 (B) merger mortgages;
113113 (C) mortgage releases; and
114114 (D) mortgage assignments;
115115 (15) plats;
116116 (16) homeowners association documents, including, but not limited
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160160 to:
161161 (A) Covenants and restrictions; and
162162 (B) liens; and
163163 (17) any other miscellaneous documents that pertain to real estate if
164164 required by the register of deeds.
165165 New Sec. 2. (a) (1) As a result of rapidly growing fraud with respect
166166 to documents relating to real estate and the significant financial losses and
167167 hardship to victims of such fraud, vulnerabilities to such fraud inherent in
168168 the current procedure and process of notarization and filing of documents
169169 pertaining to real estate with the register of deeds shall be addressed. An
170170 authentication process for confirming the identity of a notary public
171171 witnessing a signature and obtaining identification information of the
172172 signer of the document utilizing the most current available technology
173173 shall be implemented. As provided by this section, the submission of 3D
174174 biometric information by a notary public as required by a biometric
175175 antifraud system shall be a condition of certification for all notaries public
176176 and that use of the biometric antifraud system as provided by this section
177177 shall be a condition of the grant of authority or continued authority to
178178 notarize signatures for real estate documents.
179179 (2) Each notary public who notarizes real estate documents shall
180180 utilize a process incorporating a biometric antifraud system as provided by
181181 this section not later than December 31, 2026. All counties shall require
182182 use by notaries public of such biometric antifraud system as a condition of
183183 recording of such real estate documents with the register of deeds on or
184184 before such date. Banks or other private entities shall require use of such
185185 system by notaries public at any time that real estate documents are
186186 presented for recording with the register of deeds. Any such system to be
187187 used by a notary public for the recording of real estate documents with the
188188 register of deeds shall be approved by the secretary of state to ensure
189189 functionality across all counties.
190190 (3) On or before December 31, 2026, every county shall develop and
191191 implement protocols, procedures and requirements for the use and
192192 integration of indicia of authentication of the identity of a notary public, or
193193 other information for the purpose of authentication of a document, that is
194194 provided by a notary public utilizing such biometric antifraud system. In
195195 assisting counties with the development and implementation of such
196196 protocols, procedures and requirements, representatives for notaries public
197197 shall collaborate with the office of the secretary of state and the vendor or
198198 vendors for such biometric antifraud system. On and after December 31,
199199 2026, no document pertaining to real estate shall be accepted for recording
200200 by a register of deeds without authentication through the biometric
201201 antifraud system as provided by this section.
202202 (4) On and after December 31, 2026, all applicants for certification as
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246246 a notary public with the secretary of state shall, at the time of certification,
247247 be required to provide 3D biometric information as provided by this
248248 section. Such 3D biometric information may be provided at any location
249249 authorized for such purpose by the secretary of state and shall be
250250 conducted using hardware authorized by the secretary of state for purposes
251251 of functionality across all counties. Certification of notaries public and
252252 necessary hardware for obtaining their 3D biometric information shall be
253253 available at least at one county governmental office within each county.
254254 (5) Notwithstanding any other provision of law, notaries public who
255255 elect authorization to notarize real estate documents and provide 3D
256256 biometric information for use by the biometric antifraud system may
257257 charge a reasonable additional fee when notarizing real estate documents
258258 for the purpose of reimbursing expenses of acquiring 3D liveness-enabled
259259 hardware and any other expenses incurred by the use of the biometric
260260 antifraud system and as compensation for the use of their biometric
261261 information. Such fee shall be in an amount set in the discretion of the
262262 notary public and approved by the secretary of state.
263263 (b) It is the intent of the legislature that to accomplish the goal of
264264 minimizing real estate document fraud, the biometric antifraud system,
265265 including liveness-capable face recognition hardware, software,
266266 transmission, authentication and storage elements, shall be continually
267267 developed, customized, enhanced, upgraded or changed. Each notary
268268 public, in collaboration with the secretary of state and office of
269269 information technology services, shall ensure on an ongoing basis that the
270270 antifraud biometric system is utilizing current technology, features,
271271 security provisions and best practices to protect real estate documents and
272272 personal identification information. Each county shall ensure that the
273273 procedures and protocols of the register of deeds of such county utilize the
274274 authentication information or other information provided by the biometric
275275 antifraud system in a manner that will best accomplish the purposes of this
276276 section.
277277 (c) The capabilities of the biometric antifraud system shall:
278278 (1) Provide for the secure identification using 3D biometric
279279 information of a notary public at the time of certification with the secretary
280280 of state and at the time of notarizing a real estate document, identification
281281 using 3D biometric information of the signer of a real estate document and
282282 correlation of such information with such document and notarization
283283 event. A 3D biometric information of a notary public shall be anonymized
284284 and held in such form by the vendor or vendors of the system. Personal
285285 identification information of a notary public shall be stored in the custody
286286 of the secretary of state. No 3D biometric identification information shall
287287 be stored in the custody of the state or any subdivision of the state;
288288 (2) securely maintain and provide access to an anonymized digital
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332332 record of such information and enable authentication of a notary public's
333333 identify by the matching of the 3D biometric information of the notary
334334 public obtained at the time of certification with 3D biometric information
335335 provided by the notary public at the time of notarization of a real estate
336336 document. Information for purposes of authentication shall be securely and
337337 immediately available to a notary public at the time of notarization;
338338 (3) provide a means of authentication of the identity of the notary
339339 public and the validity of the signature and notarization for use by the
340340 register of deeds when a real estate document is presented for recording.
341341 Such indicia of identification and authenticity may include the addition to
342342 the notary stamp, imprinted upon the document, of information for
343343 purposes of authentication provided to the notary public at the time of
344344 notarization, including, but not limited to, a time stamp and a unique
345345 numeric or alphanumeric code; and
346346 (4) store and provide access to 3D biometric information of the signer
347347 of a real estate document for authentication purposes or the prevention or
348348 prosecution of fraud. Anonymized 3D biometric information shall be
349349 stored and maintained by the system vendor. Any personal identification
350350 information of the signer of a document shall only be stored and
351351 maintained in the custody of the secretary of state.
352352 (d) The components of the system shall include:
353353 (1) A 3D liveness-enabled camera-based internet-connected hardware
354354 system that shall produce three-dimensional digital images for purposes of
355355 identifying, authenticating and documenting the notary public, signer of a
356356 real estate document and the document being notarized during the
357357 notarization process. The hardware system shall permit the immediate
358358 secure transmission of anonymized 3D biometric information for
359359 authentication of the notary public's identity when notarizing a real estate
360360 document and documenting 3D biometric information of the signer of such
361361 document. The hardware system shall additionally be provided to and
362362 enabled for use by the secretary of state for purposes of obtaining 3D
363363 biometric information of a notary public at the time of certification of a
364364 notary public and transmitting such anonymized information to the system
365365 vendor;
366366 (2) secure software and an integrated remote system that shall
367367 securely record, store and transmit anonymized 3D biometric information
368368 and other information that may include, but not be limited to, a time
369369 stamp. The system shall enable secure and immediate matching of
370370 anonymized 3D biometric information for the purpose of authenticating
371371 the identity of a notary public at the time of notarization and providing
372372 indicia of such authentication to the notary public for purposes of
373373 authenticating the notarization for recording with the register of deeds; and
374374 (3) robust security and privacy controls that protect the storage,
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418418 anonymity, transmission and integrity of anonymized 3D biometric
419419 information and personal identification information held by the vendor and
420420 the secretary of state, respectively.
421421 (e) The provisions of this section shall supersede state law that are
422422 inconsistent with any such provisions.
423423 Sec. 3. K.S.A. 2024 Supp. 58-2209 is hereby amended to read as
424424 follows: 58-2209. All deeds or other conveyances of lands, or of any estate
425425 or interest therein, shall be subscribed by the party granting the same such
426426 deeds or conveyances, or by the party's lawful agent or attorney, and may
427427 be acknowledged or proved and certified in the manner prescribed by the
428428 revised uniform law on notarial acts and K.S.A. 58-2216, and amendments
429429 thereto, except as provided by section 1, and amendments thereto.
430430 Sec. 4. K.S.A. 2024 Supp. 58-2211 is hereby amended to read as
431431 follows: 58-2211. All conveyances, and other instruments affecting real
432432 estate must shall be acknowledged before a person authorized by the
433433 revised uniform law on notarial acts to perform notarial acts or, if
434434 acknowledged within this state, by a county clerk, register of deeds or
435435 mayor or clerk of an incorporated city. The manner of acknowledgment
436436 and requirements for authorization of a person to perform notarial acts
437437 with respect to conveyances and other instruments affecting real estate
438438 shall be subject to the provisions of section 1, and amendments thereto.
439439 Sec. 5. K.S.A. 58-2241 is hereby amended to read as follows: 58-
440440 2241. (a) Except as provided by subsection (b), it shall be the duty of the
441441 register of deeds, when he or she shall receive receiving any instrument
442442 conveying real estate which that has not been entered on the transfer
443443 record to have such instrument entered on said such transfer record
444444 immediately upon the recording of the same such instrument in his or her
445445 the register of deed's office.
446446 (b) If the register of deeds receives any instrument conveying real
447447 estate that, in the judgment of the register of deeds, may bear a fraudulent
448448 signature, notarization or otherwise raises suspicion of fraud, the register
449449 of deeds may delay the recording of such instrument or entering such
450450 instrument on the transfer record for up to five business days for the
451451 purpose of investigating the authenticity of the instrument. If upon
452452 investigation, the register of deeds is unable to verify the authenticity of
453453 the instrument, the register of deeds may decline to record such instrument
454454 or enter such instrument on the transfer record. In such event, if the notary
455455 public or person who signed the document may be ascertained, the
456456 register of deeds shall notify such persons that the instrument has been
457457 rejected for recording or entering on the transfer record. The register of
458458 deeds shall also notify the appropriate law enforcement agency.
459459 Sec. 6. K.S.A. 58-2241 and K.S.A. 2024 Supp. 58-2209 and 58-2211
460460 are hereby repealed.
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504504 Sec. 7. This act shall take effect and be in force from and after its
505505 publication in the statute book.
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