Bill
HB 2309
Kansas HB 2309 mandates 3D biometric liveness for notaries and real estate documents, creating a two-tier antifraud system to authenticate notarizations and recordings.
Status and sponsor
- Introduced: January 31, 2025
- Referred to: House Committee on Judiciary
- Requested by: Register of Deeds of Leavenworth County (via Committee on Legislative Modernization)
- Amends: K.S.A. 58-2241 and K.S.A. 2024 Supp. 58-2209 and 58-2211 (and repeals existing sections)
Purpose / Intent
- To reduce real estate document-related fraud by modernizing notarization and county register of deeds processes through a mandatory two-tiered authentication regime that centers on 3D biometric “liveness” facial capture for notaries and real-time authentication for notarized real estate documents.
Key definitions
- “3D biometric information”: digital record of an individual’s facial features obtained via an Internet-of-Things camera system using 3D liveness detection and related technologies.
- “Real estate document”: Broad list including deeds, mortgages, assignments, plats, powers of attorney, affidavits related to property, leases, liens, homeowners association documents, and other documents the register may require.
Major provisions
- Two-tiered authentication requirement:
1. Notary certification-tier: Beginning December 31, 2026, all applicants for notary certification must provide 3D biometric information; submission of such biometric data is a condition of being authorized to notarize real estate documents. Biometric enrollment must be available at least at one county governmental office in each county.
2. Document-authentication tier: Beginning December 31, 2026, every notarization and every real estate document submitted for recording must be authenticated through an approved biometric antifraud system; registers of deeds will accept only documents authenticated through the system.
- System standards and oversight:
- The Secretary of State will approve vendors/systems and hardware to ensure statewide interoperability and may run an RFP to select vendor(s).
- Notaries, the Secretary of State, and the Office of Information Technology Services will collaborate to ensure ongoing updates, security, and best practices.
- Fees:
- Notaries who elect to provide biometric information may charge a reasonable additional notarial fee (amount set by the notary and approved by the Secretary of State) to offset equipment and system costs.
- Register of Deeds authority:
- A register may reject or delay filing a document if fraud is suspected and, when unable to verify authenticity, may notify the signer/notary and refer the matter to law enforcement for investigation.
Who is affected
- Notaries public: required to submit biometric data to be certified and to use the antifraud system when notarizing real estate documents.
- Registers of Deeds and county offices: must adopt protocols, require authenticated submissions, and implement integration procedures by the December 31, 2026 deadline.
- Banks and private entities that present real estate documents for recording: required to use the biometric antifraud system when presenting documents for recording.
- Secretary of State: responsible for vendor approval, certification processes, and fee approvals.
- Property owners, lenders, title companies, and other real estate market participants: their documents and transactions will be subject to the new authentication requirements.
- Vendors and IT service providers: potential vendors for biometric systems and hardware.
Fiscal and implementation notes (from Fiscal Note, Kansas Division of the Budget)
- Secretary of State estimated costs:
- FY2026 one-time increased fee fund expenditures to select a vendor via RFP: $2.5 million to $5.0 million.
- Ongoing fee fund expenditures beginning FY2027 for maintenance and repository services: about $500,000 annually.
- Counties and municipalities: potential costs for new software, training, procedures, and hardware; Kansas Association of Counties and League of Kansas Municipalities note increased but unquantified costs.
- Other state agencies (OITS, Attorney General, Judicial Administration): indicated no fiscal effect on their operations in the fiscal note.
Implementation timeline / procedural elements
- All requirements for notary enrollment, system use, and county protocols must be in place by December 31, 2026.
- Secretary of State to approve systems and hardware for statewide compatibility; at least one county location per county will provide biometric capture for notary certification.
- Registers can delay or refuse recording of suspected fraudulent documents and must notify appropriate parties and law enforcement.
Limitations / scope
- Applies specifically to documents “pertaining to real estate” (extensive list provided in the bill).
- Authorizes notaries to charge approved additional fees related to biometric collection/use.
- Emphasizes ongoing upgrades and security practices for the biometric antifraud system.
This summary focuses on the introduced (Kansas) version of HB 2309; other bills bearing the same number in other states (Arizona, Illinois) reflect unrelated subject matter.
Compiled from official sources — confirm details with the bill’s official record.
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