assembly Bill A10516

2021-2022 Legislative Session

Relates to duties of notaries with respect to instruments conveying residential real property

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 31, 2022 referred to judiciary

A10516 (ACTIVE) - Details

See Senate Version of this Bill:
S9404
Current Committee:
Assembly Judiciary
Law Section:
Executive Law
Laws Affected:
Add §137-b, Exec L

A10516 (ACTIVE) - Summary

Specifies additional duties of notaries with respect to instruments conveying residential real property; requires a specific colloquy to determine that the principal understands the conveyance.

A10516 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10516
 
                           I N  A S S E M B L Y
 
                               May 31, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
   -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the executive law, in relation  to  duties  of  notaries
   with respect to instruments conveying residential 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  137-b
 to read as follows:
   §  137-B.  DUTIES  OF  NOTARIES  WITH RESPECT TO INSTRUMENTS CONVEYING
 RESIDENTIAL REAL PROPERTY. REGARDING INSTRUMENTS THAT CONVEY RESIDENTIAL
 REAL PROPERTY SITUATED IN THIS STATE, IN ACCORDANCE WITH THE DEFINITIONS
 IN SECTION ONE HUNDRED THIRTY-FIVE-C OF THIS ARTICLE,  A  NOTARY  PUBLIC
 MUST:
   1.  MAINTAIN A JOURNAL OF EACH NOTARIZATION PERFORMED WHERE THERE IS A
 CONVEYANCE OF RESIDENTIAL REAL PROPERTY, WHICH  UPON  DEMAND,  SHALL  BE
 SUBJECT TO INSPECTION BY THE SECRETARY OF STATE. THE JOURNAL REQUIRED BY
 THIS  SUBDIVISION  SHALL BE MAINTAINED BY EACH NOTARY PUBLIC FOR AS LONG
 AS SUCH NOTARY PUBLIC REMAINS IN OFFICE AND THEN FOR AN ADDITIONAL  FIVE
 YEARS THEREAFTER. EACH JOURNAL ENTRY SHALL:
   (A)  BE  MADE  CONTEMPORANEOUSLY  WITH THE PERFORMANCE OF THE NOTARIAL
 ACT;
   (B) INDICATE THE LOCATION, DATE AND TIME OF THE NOTARIAL ACT;
   (C) INDICATE THE CHARACTER OF THE INSTRUMENT;
   (D) INDICATE THE FULL NAME AND ADDRESS OF THE PRINCIPAL;
   (E) IF A REMOTE NOTARIZATION, INDICATE THE TECHNOLOGY USED TO  PERFORM
 SUCH REMOTE NOTARIZATION;
   (F) INDICATE IF THERE WERE ANY OTHER NOTARIAL SERVICES PROVIDED BY THE
 SAME NOTARY PUBLIC TO THE SAME PRINCIPAL ON THE SAME DAY AND IF SO, LIST
 ALL OTHER DOCUMENTS NOTARIZED BY TITLE OR TYPE OF DOCUMENT;
   (G) INDICATE THE TYPE OF CREDENTIAL USED TO IDENTIFY THE PRINCIPAL AND
 MAINTAIN IN THEIR RECORDS A COPY OF SUCH CREDENTIAL;
   (H) INDICATE THE AMOUNT OF ANY FEE CHARGED; AND
   (I)  HAVE  THE  PRINCIPAL SIGNING THE INSTRUMENT PLACE AN INKED THUMB-
 PRINT INTO THE JOURNAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.