The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10425--A

                          I N  A S S E M B L Y

                              May 26, 2016
                               ___________

Introduced  by  M.  of  A.  WALKER, WEINSTEIN, ROBINSON, LENTOL, MOSLEY,
  COOK, HYNDMAN, TITUS, SKOUFIS  --  Multi-Sponsored  by  --  M.  of  A.
  BARRON,  NOLAN -- read once and referred to the Committee on Judiciary
  -- reported and referred to the Committee on  Codes  --  reported  and
  referred to the Committee on Rules -- Rules Committee discharged, bill
  amended, ordered reprinted as amended and recommitted to the Committee
  on Rules

AN  ACT  to amend the executive law, in relation to the requirements for
  notaries public and commissioners of deeds relating to certain instru-
  ments affecting real property

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The executive law is amended by adding a new section 135-c
to read as follows:
  S 135-C. REQUIREMENTS OF NOTARIES PUBLIC AND  COMMISSIONERS  OF  DEEDS
RELATED TO CERTAIN INSTRUMENTS AFFECTING REAL PROPERTY.  1. THIS SECTION
SHALL  APPLY  TO EVERY NOTARIAL ACT IN THE STATE INVOLVING A DOCUMENT OF
CONVEYANCE THAT TRANSFERS OR PURPORTS TO TRANSFER TITLE WITH RESPECT  TO
RESIDENTIAL  REAL  PROPERTY LOCATED IN THE STATE. IT SHALL ALSO APPLY TO
COMMISSIONERS OF DEEDS APPOINTED PURSUANT TO SECTION ONE  HUNDRED  FORTY
OF THIS ARTICLE.
  2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  A.  "DOCUMENT  OF  CONVEYANCE"  SHALL  MEAN  A WRITTEN INSTRUMENT THAT
TRANSFERS OR PURPORTS TO TRANSFER TITLE EFFECTING A CHANGE IN  OWNERSHIP
TO RESIDENTIAL REAL PROPERTY, EXCLUDING:
  (I)  COURT  ORDERED  OR  COURT-AUTHORIZED TRANSFER OF RESIDENTIAL REAL
PROPERTY INCLUDING BUT NOT LIMITED TO  A  TRANSFER  BETWEEN  SPOUSES  OR
FORMER  SPOUSES  AS  A  RESULT  OF  A  DECREE OF DIVORCE, DISSOLUTION OF
MARRIAGE, ANNULMENT, OR LEGAL SEPARATION, OR AS  A  RESULT  OF  PROPERTY
SETTLEMENT,  OR AGREEMENT INCIDENTAL TO A DECREE OF DIVORCE, DISSOLUTION
OF MARRIAGE, ANNULMENT, OR LEGAL SEPARATION;
  (II) A TRANSFER ORDER BY A PROBATE COURT DURING THE ADMINISTRATION  OF
A DECEDENT'S ESTATE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15643-02-6

A. 10425--A                         2

  (III)  A  JUDGMENT OF A FORECLOSURE AND SALE, OR A LEVY PURSUANT TO AN
EXECUTION;
  (IV) A COURT ORDERED VOIDING OF AN INSTRUMENT AFFECTING REAL PROPERTY;
  (V)  A  TRANSFER OF PROPERTY TO A TRUST IN WHICH THE BENEFICIARY IS OR
INCLUDES THE GRANTOR; AND
  (VI) A DEED FROM A GRANTOR TO HIMSELF OR HERSELF THAT IS  INTENDED  TO
CHANGE THE NATURE OR TYPE OF TENANCY BY WHICH HE OR SHE OWNS RESIDENTIAL
REAL PROPERTY.
  B.  "FINANCIAL  INSTITUTION" SHALL MEAN A BANK, TRUST COMPANY, SAVINGS
INSTITUTION, OR CREDIT UNION, CHARTERED AND SUPERVISED  UNDER  STATE  OR
FEDERAL LAW.
  C.  "NOTARIAL  RECORD"  SHALL  MEAN  THE  WRITTEN  DOCUMENT CREATED IN
CONFORMITY WITH THE REQUIREMENTS OF THIS SECTION.
  D. "RESIDENTIAL REAL PROPERTY" SHALL  MEAN  A  BUILDING  OR  BUILDINGS
CONSISTING OF ONE TO THREE DWELLING UNITS.
  E.  "SIGNATORY"  SHALL  MEAN  THE PERSON OR PERSONS WHOSE SIGNATURE IS
BEING ACKNOWLEDGED BY A NOTARY PUBLIC OR COMMISSIONER OF DEEDS.
  3. A NOTARY APPOINTED AND COMMISSIONED AS A NOTARY IN THIS STATE AND A
COMMISSIONER OF DEEDS SHALL CREATE A NOTARIAL RECORD  OF  EACH  NOTARIAL
ACT  PERFORMED IN CONNECTION WITH A DOCUMENT OF CONVEYANCE. THE NOTARIAL
RECORD SHALL CONTAIN:
  A. THE DATE OF THE NOTARIAL ACT;
  B. THE TYPE, TITLE OR DESCRIPTION OF THE DOCUMENT OF CONVEYANCE  BEING
NOTARIZED,  THE PROPERTY INDEX NUMBER ("PIN") USED TO IDENTIFY THE RESI-
DENTIAL REAL PROPERTY FOR  ASSESSMENT  OR  TAXATION  PURPOSES,  AND  THE
COMMON  STREET  ADDRESS  FOR  THE  RESIDENTIAL REAL PROPERTY THAT IS THE
SUBJECT OF THE DOCUMENT OF CONVEYANCE;
  C. THE SIGNATURE, PRINTED NAME AND RESIDENCE STREET  ADDRESS  OF  EACH
PERSON WHOSE SIGNATURE IS THE SUBJECT OF THE NOTARIAL ACT, AND A CERTIF-
ICATION  BY THE PERSON THAT THE PROPERTY IS RESIDENTIAL REAL PROPERTY AS
DEFINED IN THIS SECTION;
  D. A DESCRIPTION OF THE SATISFACTORY EVIDENCE REVIEWED BY  THE  NOTARY
OR  THE  COMMISSIONER  OF  DEEDS TO DETERMINE THE IDENTITY OF THE PERSON
WHOSE SIGNATURE  IS  THE  SUBJECT  OF  THE  NOTARIAL  ACT.  SATISFACTORY
EVIDENCE  SHALL  INCLUDE  PRESENTATION OF ANY ONE OF THE FOLLOWING DOCU-
MENTS IDENTIFYING THE SIGNATORY OR SIGNATORIES:
  (I) A VALID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD  ISSUED
BY  THE  COMMISSIONER  OF  MOTOR  VEHICLES,  THE FEDERAL GOVERNMENT, ANY
UNITED STATES TERRITORY, COMMONWEALTH OR  POSSESSION,  THE  DISTRICT  OF
COLUMBIA, OR A STATE GOVERNMENT WITHIN THE UNITED STATES;
  (II) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT;
  (III) A VALID PASSPORT ISSUED BY A FOREIGN GOVERNMENT; OR
  (IV)  A VALID MUNICIPAL IDENTIFICATION CARD ISSUED PURSUANT TO SECTION
3-115 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; AND
  E. THE DATE OF NOTARIZATION, THE FEE CHARGED FOR THE NOTARIAL ACT, THE
NOTARY'S HOME OR BUSINESS PHONE NUMBER, THE NOTARY'S BUSINESS  OR  RESI-
DENCE  STREET  ADDRESS,  THE  NOTARY'S COMMISSION EXPIRATION DATE OR THE
COMMISSIONER OF DEEDS APPOINTMENT EXPIRATION  DATE,  THE  CORRECT  LEGAL
NAME  OF  THE  NOTARY'S  EMPLOYER  OR PRINCIPAL, AND THE BUSINESS STREET
ADDRESS OF THE NOTARY'S EMPLOYER OR PRINCIPAL.
  4. THE NOTARIAL  RECORD  REQUIRED  UNDER  SUBDIVISION  THREE  OF  THIS
SECTION  SHALL  BE  CREATED  AND MAINTAINED FOR EACH PERSON OR REPRESEN-
TATIVE WHOSE SIGNATURE IS THE SUBJECT OF  A  NOTARIAL  ACT  REGARDING  A
DOCUMENT OF CONVEYANCE. IT SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
NOTARIAL RECORD:
                              DEED TRANSFER

A. 10425--A                         3

I,  ________________________(GRANTOR)  HEREBY  AUTHORIZE THE TRANSFER OF
OWNERSHIP OF MY PROPERTY TO THE GRANTEE DESIGNATED BELOW. I UNDERSTAND I
MAY BE TRANSFERRING OWNERSHIP OF MY HOME.
DATE NOTARIZED:
FEE: $
THE  UNDERSIGNED GRANTOR HEREBY CERTIFIES THAT THE REAL PROPERTY IDENTI-
FIED IN THIS NOTARIAL RECORD IS RESIDENTIAL REAL PROPERTY AS DEFINED  IN
SECTION 135-C OF THE EXECUTIVE LAW.
GRANTOR'S (SIGNER'S) PRINTED NAME:
GRANTOR'S (SIGNER'S) SIGNATURE:
GRANTOR'S  (SIGNER'S)  RESIDENTIAL  STREET  ADDRESS, CITY, STATE AND ZIP
CODE:
GRANTEE'S RELATIONSHIP TO GRANTOR:
GRANTEE'S (SIGNER'S) PRINTED NAME:
GRANTEE'S (SIGNER'S) SIGNATURE:
GRANTEE'S (SIGNER'S) RESIDENTIAL STREET ADDRESS,  CITY,  STATE  AND  ZIP
CODE:
TYPE OR NAME OF DOCUMENT OF CONVEYANCE:
PIN NO. OF RESIDENTIAL REAL PROPERTY:
COMMON STREET ADDRESS OF RESIDENTIAL REAL PROPERTY:
DESCRIPTION OF MEANS OF IDENTIFICATION:
ADDITIONAL COMMENTS:
NAME OF NOTARY OR COMMISSIONER OF DEEDS PRINTED:
NOTARY PHONE NUMBER:
COMMISSION OR APPOINTMENT EXPIRATION DATE:
STREET ADDRESS OF NOTARY, CITY, STATE AND ZIP CODE:
NAME OF NOTARY'S EMPLOYER OR PRINCIPAL:
BUSINESS  STREET  ADDRESS OF NOTARY'S EMPLOYER OR PRINCIPAL, CITY, STATE
AND ZIP CODE:
  5. FILING OF THE NOTARIAL RECORD. THE NOTARY OR COMMISSIONER OF  DEEDS
SHALL  FILE  THE  NOTARIAL  RECORD IN ACCORDANCE WITH THE PROCEDURES SET
FORTH IN THIS SUBDIVISION.
  A. EXCEPT AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, THE NOTARIAL
RECORD SHALL BE DELIVERED NO  LATER  THAN  FOURTEEN  DAYS  AFTER  IT  IS
CREATED  TO  THE  CLERK  OR OFFICE OF THE REGISTER OF THE COUNTY OR CITY
WITHIN WHICH THE RESIDENTIAL PROPERTY THAT IS THE SUBJECT OF THE CONVEY-
ANCE IS LOCATED.
  B. IF THE NOTARIAL RECORD WAS CREATED BY A NOTARY PUBLIC IN THE  SCOPE
OF HIS OR HER WORK FOR A TITLE INSURANCE COMPANY, TITLE INSURANCE AGENT,
FINANCIAL  INSTITUTION,  LAW  FIRM OR ATTORNEY AT LAW, THE NOTARY PUBLIC
SHALL DELIVER THE NOTARIAL RECORD NO LATER THAN FOURTEEN DAYS  AFTER  IT
IS  CREATED  TO SUCH TITLE INSURANCE COMPANY, FINANCIAL INSTITUTION, LAW
FIRM OR ATTORNEY AT LAW.  SUCH TITLE INSURANCE COMPANY, FINANCIAL INSTI-
TUTION, LAW FIRM OR ATTORNEY AT LAW, OR ANY  SUCCESSOR  OR  ASSIGNEE  OF
SUCH  TITLE INSURANCE COMPANY, FINANCIAL INSTITUTION, LAW FIRM OR ATTOR-
NEY AT LAW WITHIN THE SEVEN-YEAR  RETENTION  PERIOD,  SHALL  RETAIN  THE
NOTARIAL  RECORD  AND  MAY  DISCLOSE SUCH RECORD ONLY AS PERMITTED UNDER
SUBDIVISION SEVEN OF THIS SECTION.
  6. THE NOTARIAL RECORD SHALL BE RETAINED FOR SEVEN YEARS IN ACCORDANCE
WITH THE PROCEDURES DESCRIBED IN SUBDIVISION FIVE OF  THIS  SECTION  AND
WITH THE CONFIDENTIALITY AND DISCLOSURE PROVISIONS ESTABLISHED IN SUBDI-
VISION  SEVEN OF THIS SECTION. NO COPIES OF THE ORIGINAL NOTARIAL RECORD
MAY BE MADE OR RETAINED BY THE NOTARY. THE NOTARY'S EMPLOYER OR  PRINCI-
PAL  PURSUANT  TO  PARAGRAPH B OF SUBDIVISION FIVE OF THIS SECTION, OR A
NOTARY ATTORNEY ACTING WITHIN THE SCOPE OF HIS  OR  HER  EMPLOYMENT  MAY
RETAIN  COPIES  OF  THE NOTARIAL RECORDS AS BUSINESS RECORDS, SUBJECT TO

A. 10425--A                         4

APPLICABLE PRIVACY AND CONFIDENTIALITY STANDARDS OUTLINED IN SUBDIVISION
SEVEN OF THIS SECTION.
  7.  THE  NOTARIAL RECORD SHALL NOT BE DISCLOSED NOR SHALL ITS CONTENTS
BE MADE KNOWN EXCEPT AS PROVIDED IN THIS SUBDIVISION.
  A. A CERTIFIED COPY OF A NOTARIAL RECORD  SHALL  BE  PROVIDED  TO  THE
UNITED  STATES  OR  ANY  DEPARTMENT THEREOF, THE STATE OR ANY DEPARTMENT
THEREOF, AND THE CITY OF NEW YORK OR ANY  DEPARTMENT  THEREOF,  PROVIDED
THAT SUCH NOTARIAL RECORD IS REQUIRED FOR OFFICIAL BUSINESS.
  B.  A CERTIFIED COPY OF A NOTARIAL RECORD SHALL BE PROVIDED IN ACCORD-
ANCE WITH A JUDICIAL ORDER.
  C. UPON WRITTEN REQUEST BY THE GRANTOR OR A  LEGAL  REPRESENTATIVE  OF
THE GRANTOR WHO IS NAMED IN THE NOTARIAL RECORD.
  8.  ANY  PERSON  OR  ENTITY  VIOLATING  THE PROVISIONS OF THIS SECTION
SHALL, IN ADDITION TO ALL OTHER PENALTIES PROVIDED BY LAW, BE LIABLE FOR
A CIVIL PENALTY OF UP  TO  TWO  HUNDRED  FIFTY  DOLLARS  FOR  EACH  SUCH
VIOLATION.  THE  SECRETARY OF STATE MAY ASSESS SUCH PENALTY FOLLOWING AN
ADJUDICATORY PROCEEDING CONDUCTED IN ACCORDANCE WITH THE STATE  ADMINIS-
TRATIVE PROCEDURE ACT.
  9.  THE  FAILURE OF A NOTARY OR A COMMISSIONER OF DEEDS TO COMPLY WITH
THE PROCEDURE SET FORTH IN THIS SECTION SHALL NOT AFFECT THE VALIDITY OF
THE RESIDENTIAL REAL PROPERTY TRANSACTION IN  CONNECTION  TO  WHICH  THE
DOCUMENT OF CONVEYANCE IS EXECUTED, IN THE ABSENCE OF FRAUD.
  S  2.  Section  136  of  the  executive law is amended by adding a new
subdivision 3 to read as follows:
  3. FOR PERFORMING A NOTARIAL ACT RELATED TO A DOCUMENT  OF  CONVEYANCE
FOR  WHICH A NOTARIAL RECORD IS REQUIRED PURSUANT TO SECTION ONE HUNDRED
THIRTY-FIVE-C OF THIS ARTICLE, THE NOTARY OR COMMISSIONER OF  DEEDS  MAY
CHARGE  A FEE OF TWENTY-FIVE DOLLARS IN ADDITION TO ANY FEES REQUIRED TO
FILE THE NOTARIAL RECORD.
  S 3. This act shall take effect immediately.