Session of 2025
HOUSE BILL No. 2309
By Committee on Legislative Modernization
Requested by TerriLois Mashburn on behalf of the Register of Deeds of
Leavenworth County
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AN ACT concerning the modernization of notarization and the county
register of deeds process with respect to real estate documents;
concerning mitigation of real estate document-related fraud; providing
for the development, implementation and administration of a two-tiered
authentication system for notarization of real estate documents;
requiring use of a 3D liveness biometric antifraud system by all
notaries public by December 31, 2026; allowing any register of deeds
to delay recording of real estate documents in the event of suspected
fraud for purpose of investigating the validity of such document;
amending K.S.A. 58-2241 and K.S.A. 2024 Supp. 58-2209 and 58-
2211 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. For purposes of sections 1 and 2, and amendments
thereto:
(a) "3D biometric information" means a digital record of an
individual's facial features obtained via an internet of things-based camera
system utilizing 3D liveness detection and other technologies.
(b) "Real estate document" or "document pertaining to real estate"
includes, but is not limited to:
(1) Real estate listing agreements;
(2) affidavits pertaining to real estate, including, but not limited to,
affidavits of:
(A) Equitable interest;
(B) non-production;
(C) matters pertaining to homestead;
(D) marital status;
(E) affixation; and
(F) adverse possession;
(3) agreements, including, but not limited to:
(A) Bills of sale;
(B) contracts for deed; and
(C) memorandums of understanding;
(4) assignments, including, but not limited to, assignments of:
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(A) Mortgage; and
(B) rents;
(5) articles of incorporation;
(6) certified copies of foreign judgements filed with the register of
deeds;
(7) covenants;
(8) deeds, including, but not limited to:
(A) Administrator deeds;
(B) corporation deeds;
(C) deeds in lieu of foreclosure;
(D) deeds of revocation;
(E) quitclaim deeds;
(F) sheriff's deeds;
(G) special warranty deeds;
(H) transfer on death deeds;
(I) trustee deeds; and
(J) warranty deeds;
(9) power of attorney, including, but not limited to:
(A) Durable;
(B) real estate; and
(C) general;
(10) all easements, including, but not limited to:
(A) Right-of-way;
(B) shared driveway; and
(C) first right of refusal;
(11) leases, including, but not limited to:
(A) real property;
(B) oil and gas;
(C) mineral rights; and
(D) lease agreements;
(12) all liens upon real estate and such lien releases, including, but
not limited to:
(A) Artisan;
(B) repairman's; and
(C) agister's;
(13) lis pendens;
(14) mortgages, including, but not limited to:
(A) Mortgages upon real estate;
(B) merger mortgages;
(C) mortgage releases; and
(D) mortgage assignments;
(15) plats;
(16) homeowners association documents, including, but not limited
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to:
(A) Covenants and restrictions; and
(B) liens; and
(17) any other miscellaneous documents that pertain to real estate if
required by the register of deeds.
New Sec. 2. (a) (1) As a result of rapidly growing fraud with respect
to documents relating to real estate and the significant financial losses and
hardship to victims of such fraud, vulnerabilities to such fraud inherent in
the current procedure and process of notarization and filing of documents
pertaining to real estate with the register of deeds shall be addressed. An
authentication process for confirming the identity of a notary public
witnessing a signature and obtaining identification information of the
signer of the document utilizing the most current available technology
shall be implemented. As provided by this section, the submission of 3D
biometric information by a notary public as required by a biometric
antifraud system shall be a condition of certification for all notaries public
and that use of the biometric antifraud system as provided by this section
shall be a condition of the grant of authority or continued authority to
notarize signatures for real estate documents.
(2) Each notary public who notarizes real estate documents shall
utilize a process incorporating a biometric antifraud system as provided by
this section not later than December 31, 2026. All counties shall require
use by notaries public of such biometric antifraud system as a condition of
recording of such real estate documents with the register of deeds on or
before such date. Banks or other private entities shall require use of such
system by notaries public at any time that real estate documents are
presented for recording with the register of deeds. Any such system to be
used by a notary public for the recording of real estate documents with the
register of deeds shall be approved by the secretary of state to ensure
functionality across all counties.
(3) On or before December 31, 2026, every county shall develop and
implement protocols, procedures and requirements for the use and
integration of indicia of authentication of the identity of a notary public, or
other information for the purpose of authentication of a document, that is
provided by a notary public utilizing such biometric antifraud system. In
assisting counties with the development and implementation of such
protocols, procedures and requirements, representatives for notaries public
shall collaborate with the office of the secretary of state and the vendor or
vendors for such biometric antifraud system. On and after December 31,
2026, no document pertaining to real estate shall be accepted for recording
by a register of deeds without authentication through the biometric
antifraud system as provided by this section.
(4) On and after December 31, 2026, all applicants for certification as
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a notary public with the secretary of state shall, at the time of certification,
be required to provide 3D biometric information as provided by this
section. Such 3D biometric information may be provided at any location
authorized for such purpose by the secretary of state and shall be
conducted using hardware authorized by the secretary of state for purposes
of functionality across all counties. Certification of notaries public and
necessary hardware for obtaining their 3D biometric information shall be
available at least at one county governmental office within each county.
(5) Notwithstanding any other provision of law, notaries public who
elect authorization to notarize real estate documents and provide 3D
biometric information for use by the biometric antifraud system may
charge a reasonable additional fee when notarizing real estate documents
for the purpose of reimbursing expenses of acquiring 3D liveness-enabled
hardware and any other expenses incurred by the use of the biometric
antifraud system and as compensation for the use of their biometric
information. Such fee shall be in an amount set in the discretion of the
notary public and approved by the secretary of state.
(b) It is the intent of the legislature that to accomplish the goal of
minimizing real estate document fraud, the biometric antifraud system,
including liveness-capable face recognition hardware, software,
transmission, authentication and storage elements, shall be continually
developed, customized, enhanced, upgraded or changed. Each notary
public, in collaboration with the secretary of state and office of
information technology services, shall ensure on an ongoing basis that the
antifraud biometric system is utilizing current technology, features,
security provisions and best practices to protect real estate documents and
personal identification information. Each county shall ensure that the
procedures and protocols of the register of deeds of such county utilize the
authentication information or other information provided by the biometric
antifraud system in a manner that will best accomplish the purposes of this
section.
(c) The capabilities of the biometric antifraud system shall:
(1) Provide for the secure identification using 3D biometric
information of a notary public at the time of certification with the secretary
of state and at the time of notarizing a real estate document, identification
using 3D biometric information of the signer of a real estate document and
correlation of such information with such document and notarization
event. A 3D biometric information of a notary public shall be anonymized
and held in such form by the vendor or vendors of the system. Personal
identification information of a notary public shall be stored in the custody
of the secretary of state. No 3D biometric identification information shall
be stored in the custody of the state or any subdivision of the state;
(2) securely maintain and provide access to an anonymized digital
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record of such information and enable authentication of a notary public's
identify by the matching of the 3D biometric information of the notary
public obtained at the time of certification with 3D biometric information
provided by the notary public at the time of notarization of a real estate
document. Information for purposes of authentication shall be securely and
immediately available to a notary public at the time of notarization;
(3) provide a means of authentication of the identity of the notary
public and the validity of the signature and notarization for use by the
register of deeds when a real estate document is presented for recording.
Such indicia of identification and authenticity may include the addition to
the notary stamp, imprinted upon the document, of information for
purposes of authentication provided to the notary public at the time of
notarization, including, but not limited to, a time stamp and a unique
numeric or alphanumeric code; and
(4) store and provide access to 3D biometric information of the signer
of a real estate document for authentication purposes or the prevention or
prosecution of fraud. Anonymized 3D biometric information shall be
stored and maintained by the system vendor. Any personal identification
information of the signer of a document shall only be stored and
maintained in the custody of the secretary of state.
(d) The components of the system shall include:
(1) A 3D liveness-enabled camera-based internet-connected hardware
system that shall produce three-dimensional digital images for purposes of
identifying, authenticating and documenting the notary public, signer of a
real estate document and the document being notarized during the
notarization process. The hardware system shall permit the immediate
secure transmission of anonymized 3D biometric information for
authentication of the notary public's identity when notarizing a real estate
document and documenting 3D biometric information of the signer of such
document. The hardware system shall additionally be provided to and
enabled for use by the secretary of state for purposes of obtaining 3D
biometric information of a notary public at the time of certification of a
notary public and transmitting such anonymized information to the system
vendor;
(2) secure software and an integrated remote system that shall
securely record, store and transmit anonymized 3D biometric information
and other information that may include, but not be limited to, a time
stamp. The system shall enable secure and immediate matching of
anonymized 3D biometric information for the purpose of authenticating
the identity of a notary public at the time of notarization and providing
indicia of such authentication to the notary public for purposes of
authenticating the notarization for recording with the register of deeds; and
(3) robust security and privacy controls that protect the storage,
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anonymity, transmission and integrity of anonymized 3D biometric
information and personal identification information held by the vendor and
the secretary of state, respectively.
(e) The provisions of this section shall supersede state law that are
inconsistent with any such provisions.
Sec. 3. K.S.A. 2024 Supp. 58-2209 is hereby amended to read as
follows: 58-2209. All deeds or other conveyances of lands, or of any estate
or interest therein, shall be subscribed by the party granting the same such
deeds or conveyances, or by the party's lawful agent or attorney, and may
be acknowledged or proved and certified in the manner prescribed by the
revised uniform law on notarial acts and K.S.A. 58-2216, and amendments
thereto, except as provided by section 1, and amendments thereto.
Sec. 4. K.S.A. 2024 Supp. 58-2211 is hereby amended to read as
follows: 58-2211. All conveyances, and other instruments affecting real
estate must shall be acknowledged before a person authorized by the
revised uniform law on notarial acts to perform notarial acts or, if
acknowledged within this state, by a county clerk, register of deeds or
mayor or clerk of an incorporated city. The manner of acknowledgment
and requirements for authorization of a person to perform notarial acts
with respect to conveyances and other instruments affecting real estate
shall be subject to the provisions of section 1, and amendments thereto.
Sec. 5. K.S.A. 58-2241 is hereby amended to read as follows: 58-
2241. (a) Except as provided by subsection (b), it shall be the duty of the
register of deeds, when he or she shall receive receiving any instrument
conveying real estate which that has not been entered on the transfer
record to have such instrument entered on said such transfer record
immediately upon the recording of the same such instrument in his or her
the register of deed's office.
(b) If the register of deeds receives any instrument conveying real
estate that, in the judgment of the register of deeds, may bear a fraudulent
signature, notarization or otherwise raises suspicion of fraud, the register
of deeds may delay the recording of such instrument or entering such
instrument on the transfer record for up to five business days for the
purpose of investigating the authenticity of the instrument. If upon
investigation, the register of deeds is unable to verify the authenticity of
the instrument, the register of deeds may decline to record such instrument
or enter such instrument on the transfer record. In such event, if the notary
public or person who signed the document may be ascertained, the
register of deeds shall notify such persons that the instrument has been
rejected for recording or entering on the transfer record. The register of
deeds shall also notify the appropriate law enforcement agency.
Sec. 6. K.S.A. 58-2241 and K.S.A. 2024 Supp. 58-2209 and 58-2211
are hereby repealed.
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Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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