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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
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AN ACT concerning the modernization of notarization and the notary
public process with respect to real estate documents; concerning
mitigation of real estate document-related fraud; creating a new
category of verified notaries public with respect to real estate
documents; providing for the development, implementation and
administration of a device-bound authentication system for notarization
of real estate documents; requiring the use of a three-dimensional
liveness biometric antifraud system by all notaries public in such new
category by December 31, 2027; amending K.S.A. 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) "Biometric antifraud system" means a system including device-
bound hardware, software, internet transmission, authentication and
storage technology components that:
(1) Is capable of capturing, transmitting, processing, authenticating
and storing biometric data; and
(2) incorporates security elements to protect the integrity of the
system and authenticity of the biometric information, including, but not
limited to, three-dimensional liveness detection technology.
(b) "Device-bound hardware" means a dedicated physical internet
terminal that:
(1) Includes a camera system capable of recording three-dimensional
digital images;
(2) is physically separate from any other electronic device, including
a cell phone, computer or tablet;
(3) incorporates technology providing a secure internet connection
and data transmission;
(4) is designed to protect against remote attacks on data authenticity,
including by substituted, altered or created images; and
(5) is intended for use as a component of a biometric antifraud
system.
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HB 2696 2
(c) "Biometric information" means a digital record of an individual's
facial features obtained via a device-bound hardware camera system that
utilizes three-dimensional liveness detection and other technologies to
protect the authenticity of such digital record against remote internet
attacks.
(d) "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:
(A) Mortgage; and
(B) rents;
(5) articles of incorporation;
(6) certified copies of foreign judgements filed with the county;
(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;
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HB 2696 3
(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
to:
(A) Covenants and restrictions; and
(B) liens; and
(17) any other miscellaneous documents that pertain to real estate if
required by the county.
(e) "Verified notary public" means a certified notary public who is
authorized to notarize real estate documents using the biometric antifraud
system pursuant to the provisions of this act.
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 county shall be addressed. An
authentication process for confirming the identity and presence 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
biometric information by a certified notary public as required by a
biometric antifraud system shall be a condition of certification as a verified
notary public for all notaries public who elect to notarize signatures for
real estate documents. The use of such system as provided by this section
shall be a condition of the grant of authority or continued authority to
verified notaries public to notarize signatures for real estate documents.
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(2) Not later than December 31, 2027, each notary public who
notarizes real estate documents shall be a verified notary public and shall
utilize a process incorporating a biometric antifraud system as provided by
this section. All counties shall require use by verified notaries public of
such biometric antifraud system as a condition of recording of such real
estate documents with the county on or before such date. Banks or other
private entities shall use of such system by verified notaries public at any
time that real estate documents are presented for recording with the county.
Any such system to be used by a verified notary public for the recording of
real estate documents with the county shall be approved by the secretary of
state to ensure functionality across all counties.
(3) On or before December 31, 2027, every county shall develop and
implement protocols, procedures and requirements for the use and
integration of indicia of authentication of the identity of a verified notary
public, or other information for the purpose of authentication of a
document, that is provided by a verified notary public utilizing a 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, 2027, no document pertaining to real
estate shall be accepted for recording by a county without authentication
through the biometric antifraud system as provided by this section.
(4) On and after December 31, 2027, all applicants for certification as
a verified notary public with the secretary of state shall, at the time of
certification, be required to provide biometric information as provided by
this section. Such 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 as
verified notaries public and necessary hardware for obtaining their
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 as verified notaries
public and provide 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
device-bound 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
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HB 2696 5
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 or upgraded. Each verified 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 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 act.
(c) The capabilities of the biometric antifraud system shall:
(1) Provide for the secure identification using biometric information
of a verified notary public at the time of certification with the secretary of
state and, at the time of notarizing a real estate document secure
identification using biometric information of the signer of a real estate
document and correlation of such information with such document and
notarization event. Biometric information of a verified notary public shall
be anonymized and held in such form by the vendor or vendors of the
system. Personal identification information of a verified notary public
shall be stored in the custody of the secretary of state. No 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
record of such information and enable authentication of a verified notary
public's identity by the matching of the biometric information of such
verified notary public obtained at the time of certification with biometric
information provided by such verified 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 verified
notary public at the time of notarization;
(3) provide a means of authentication of the identity of the verified
notary public and the validity of the signature and notarization for use by
the county when a real estate document is presented for recording. Such
indicia of identification and authenticity shall include a uniquely designed
statewide notary stamp to be used solely by verified notaries public with a
space for imprinting by a verified notary public of a unique, single-use
numeric or alphanumeric verification code for purposes of authentication
that shall be provided to the verified notary public at the time of
notarization; and
(4) store and provide access to biometric information of the signer of
a real estate document for authentication purposes or the prevention or
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HB 2696 6
prosecution of fraud. Anonymized 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 device-bound hardware system that shall produce three-
dimensional digital images for purposes of identifying, authenticating and
documenting the verified 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 biometric information for authentication of the verified notary
public's identity when notarizing a real estate document and documenting
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 biometric information of a
notary public at the time of certification of a verified 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 biometric information and
other information that shall include, but not be limited to, a time stamp.
The system shall enable secure and immediate matching of anonymized
biometric information for the purpose of authenticating the identity of a
verified notary public at the time of notarization and providing indicia of
such authentication, including a unique, single-use numeric or
alphanumeric code, to the verified notary public for purposes of
authenticating the notarization for recording with the county; and
(3) robust security and privacy controls that protect the storage,
anonymity, transmission and integrity of anonymized 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 laws that are
inconsistent with any such provisions.
Sec. 3. K.S.A. 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. 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
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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. 58-2209 and 58-2211 are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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