assembly Bill A399B

2021-2022 Legislative Session

Relates to providing for electronic notarization

download bill text pdf

Sponsored By

Current Bill Status Via S1780 - Passed Senate & Assembly


  • 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 (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2021 returned to senate
passed assembly
ordered to third reading rules cal.654
substituted for a399b
Jun 09, 2021 substituted by s1780c
rules report cal.654
reported
May 26, 2021 reported referred to rules
May 19, 2021 print number 399b
May 19, 2021 amend and recommit to governmental operations
Mar 10, 2021 print number 399a
Mar 10, 2021 amend and recommit to governmental operations
Jan 06, 2021 referred to governmental operations

Votes

view votes

Mar 1, 2021 - Finance committee Vote

S1780
20
1
committee
20
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A399 - Details

See Senate Version of this Bill:
S1780
Law Section:
Executive Law
Laws Affected:
Add §137-a, amd §136, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A4076, S4352

A399 - Summary

Relates to providing for electronic notarization; authorizes the use of video and audio conference technology in identifying individuals for electronic notarization.

A399 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    399
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC, DE LA ROSA, FAHY, SEAWRIGHT, OTIS, SIMON,
   HUNTER, BUTTENSCHON, STECK, MONTESANO -- Multi-Sponsored by --  M.  of
   A.   ENGLEBRIGHT -- read once and referred to the Committee on Govern-
   mental Operations

 AN ACT to amend the executive law, in relation to  providing  for  elec-
   tronic notarization
 
   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-a
 to read as follows:
   §  137-A.  ELECTRONIC NOTARIZATION. 1.   DEFINITIONS. (A) "ELECTRONIC"
 SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION ONE  OF  SECTION
 THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   (B)  "ELECTRONIC  DOCUMENT"  MEANS INFORMATION THAT IS CREATED, GENER-
 ATED, SENT, COMMUNICATED, RECEIVED OR STORED BY ELECTRONIC MEANS.
   (C) "ELECTRONIC NOTARIAL ACT" MEANS AN OFFICIAL ACT BY A NOTARY PUBLIC
 ON OR INVOLVING AN ELECTRONIC DOCUMENT AND USING MEANS AUTHORIZED BY THE
 SECRETARY OF STATE.
   (D) "ELECTRONIC NOTARY PUBLIC" OR "ELECTRONIC NOTARY" MEANS  A  NOTARY
 PUBLIC  WHO HAS REGISTERED WITH THE SECRETARY OF STATE THE CAPABILITY OF
 PERFORMING ELECTRONIC NOTARIAL ACTS.
   (E) "ELECTRONIC SIGNATURE" SHALL HAVE THE SAME MEANING AS SET FORTH IN
 SUBDIVISION THREE OF SECTION THREE HUNDRED TWO OF THE  STATE  TECHNOLOGY
 LAW.
   (F)  "ELECTRONIC NOTARIAL STATEMENT OF AUTHORITY" MEANS THE PORTION OF
 A NOTARIZED ELECTRONIC DOCUMENT THAT IS COMPLETED BY A NOTARY PUBLIC AND
 CONTAINS THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE  AND  ALL  INFORMATION
 REQUIRED BY SECTION ONE HUNDRED THIRTY-SEVEN OF THIS ARTICLE.
   (G)  "NOTARY  ELECTRONIC  SIGNATURE"  MEANS  THOSE FORMS OF ELECTRONIC
 SIGNATURE, WHICH HAVE BEEN APPROVED BY THE  SECRETARY  OF  STATE  AS  AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A399A - Details

See Senate Version of this Bill:
S1780
Law Section:
Executive Law
Laws Affected:
Add §137-a, amd §136, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A4076, S4352

A399A - Summary

Relates to providing for electronic notarization; authorizes the use of video and audio conference technology in identifying individuals for electronic notarization.

A399A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  399--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC, DE LA ROSA, FAHY, SEAWRIGHT, OTIS, SIMON,
   HUNTER, BUTTENSCHON, STECK, MONTESANO -- Multi-Sponsored by --  M.  of
   A.   ENGLEBRIGHT -- read once and referred to the Committee on Govern-
   mental Operations  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the executive law, in relation to providing for elec-
   tronic notarization
 
   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-a
 to read as follows:
   § 137-A. ELECTRONIC NOTARIZATION. 1.  DEFINITIONS. (A)  "COMMUNICATION
 TECHNOLOGY"  MEANS  AN  ELECTRONIC  DEVICE OR PROCESS THAT: (I) ALLOWS A
 NOTARY PUBLIC AND A REMOTELY LOCATED INDIVIDUAL TO COMMUNICATE WITH EACH
 OTHER SIMULTANEOUSLY BY SIGHT AND SOUND; AND  (II)  WHEN  NECESSARY  AND
 CONSISTENT  WITH  OTHER APPLICABLE LAW, FACILITATES COMMUNICATION WITH A
 REMOTELY LOCATED INDIVIDUAL WHO HAS A VISION, HEARING, OR SPEECH IMPAIR-
 MENT.
   (B) "ELECTRONIC" SHALL HAVE THE SAME MEANING AS SET FORTH IN  SUBDIVI-
 SION ONE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   (C)  "ELECTRONIC  DOCUMENT"  MEANS INFORMATION THAT IS CREATED, GENER-
 ATED, SENT, COMMUNICATED, RECEIVED OR STORED BY ELECTRONIC MEANS.
   (D) "ELECTRONIC NOTARIAL ACT" MEANS AN OFFICIAL ACT BY A NOTARY PUBLIC
 ON OR INVOLVING AN ELECTRONIC DOCUMENT AND USING MEANS AUTHORIZED BY THE
 SECRETARY OF STATE.
   (E) "ELECTRONIC NOTARY PUBLIC" OR "ELECTRONIC NOTARY" MEANS  A  NOTARY
 PUBLIC  WHO HAS REGISTERED WITH THE SECRETARY OF STATE THE CAPABILITY OF
 PERFORMING ELECTRONIC NOTARIAL ACTS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03271-07-1

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A399B (ACTIVE) - Details

See Senate Version of this Bill:
S1780
Law Section:
Executive Law
Laws Affected:
Add §137-a, amd §136, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A4076, S4352

A399B (ACTIVE) - Summary

Relates to providing for electronic notarization; authorizes the use of video and audio conference technology in identifying individuals for electronic notarization.

A399B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  399--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC, DE LA ROSA, FAHY, SEAWRIGHT, OTIS, SIMON,
   HUNTER, BUTTENSCHON, STECK,  MONTESANO,  McDONALD,  BICHOTTE HERMELYN,
   ABINANTI, GRIFFIN, THIELE, JONES, ASHBY -- Multi-Sponsored by -- M. of
   A.   ENGLEBRIGHT -- read once and referred to the Committee on Govern-
   mental Operations  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the executive law, in relation to providing for elec-
   tronic notarization
 
   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-a
 to read as follows:
   § 137-A. ELECTRONIC NOTARIZATION. 1.  DEFINITIONS. (A)  "COMMUNICATION
 TECHNOLOGY"  MEANS  AN  ELECTRONIC  DEVICE OR PROCESS THAT: (I) ALLOWS A
 NOTARY PUBLIC AND A REMOTELY LOCATED INDIVIDUAL TO COMMUNICATE WITH EACH
 OTHER SIMULTANEOUSLY BY SIGHT AND SOUND; AND  (II)  WHEN  NECESSARY  AND
 CONSISTENT  WITH  OTHER APPLICABLE LAW, FACILITATES COMMUNICATION WITH A
 REMOTELY LOCATED INDIVIDUAL WHO HAS A VISION, HEARING, OR SPEECH IMPAIR-
 MENT.
   (B) "ELECTRONIC" SHALL HAVE THE SAME MEANING AS SET FORTH IN  SUBDIVI-
 SION ONE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   (C)  "ELECTRONIC  DOCUMENT"  MEANS INFORMATION THAT IS CREATED, GENER-
 ATED, SENT, COMMUNICATED, RECEIVED OR STORED BY ELECTRONIC MEANS.
   (D) "ELECTRONIC NOTARIAL ACT"  MEANS  AN  OFFICIAL  ACT  BY  A  NOTARY
 PUBLIC,  PHYSICALLY PRESENT IN THE STATE OF NEW YORK, ON OR INVOLVING AN
 ELECTRONIC DOCUMENT AND USING  MEANS  AUTHORIZED  BY  THE  SECRETARY  OF
 STATE.
   (E)  "ELECTRONIC  NOTARY PUBLIC" OR "ELECTRONIC NOTARY" MEANS A NOTARY
 PUBLIC WHO HAS REGISTERED WITH THE SECRETARY OF STATE THE CAPABILITY  OF
 PERFORMING ELECTRONIC NOTARIAL ACTS.