NY State Senate Bill 2021-S7088

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
May 27, 2021	referred to finance

2021-S7088 (ACTIVE) - Details

See Assembly Version of this Bill:: A4673
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §137, Exec L

2021-S7088 (ACTIVE) - Summary

Authorizes notarial acts to be performed utilizing audio-video technology.

2021-S7088 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7088

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the executive law, in relation to authorizing notarial
acts to be performed utilizing audio-video technology; and providing for
the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill allows a notary public to witness a document being signed,
using audio-video technology, and to then notarize the document.

 
SUMMARY OF PROVISIONS:

Section one amends Section 137 of the Executive Law to provide for an
inclusive, gender-neutral approach throughout the statute. In addition,
this section provides that the following conditions must be satisfied to
remotely notarize a document:

1. The person seeking the Notary's services, if not personally known to
the Notary, must present a valid photo ID to the Notary during the video
conference, not merely transmit it prior to or after;

2. The video conference must allow for direct interaction between the
person and the Notary (e.g. no pre-recorded videos of the person sign-
ing);

3. The person must affirmatively represent that he or she is physically
situated in the State of New York;

4. The person must transmit by fax or electronic means a legible copy of
the signed document directly to the Notary on the same date it was
signed;

5. The Notary may notarize the transmitted copy of the document and
transmit the same back to the person; and

6. The Notary may repeat the notarization of the original signed docu-
ment as of the date of execution provided the Notary receives such
original signed document together with the electronically notarized copy
within thirty days after the date of execution.

Section two provides for the effective date.

 
JUSTIFICATION:

In response to the COVID-19 (Novel Coronavirus) public health emergency,
on March 19, 2020, Governor Cuomo signed Executive Order 202.7, which
authorizes notary publics to officiate documents remotely. Specific
procedures must be followed to remotely notarize a document. This
authorization has since been extended several times by Executive Order
and this bill would continue the authorization for one year from the
effective date. As we have seen, certain practices adopted during the
pandemic are often found to be more efficient and practical than previ-
ously-existing methods. The practice allowed by the current Executive
Order, known as Remote Ink Notarization (RIN), has been utilized
successfully by attorneys who are routinely required to notarize docu-
ments for their clients in the course of their representation and can be
conducted effectively and securely by utilizing existing audio-video
technology. This bill allows for a continuation of the current practice
for a limited time as we consider other forms of remote notarization
going forward.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed one year after such date.

2021-S7088 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7088
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 27, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to  authorizing  notarial
   acts  to  be performed utilizing audio-video technology; and providing
   for the repeal of such provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  137  of  the executive law is amended to read as
 follows:
   § 137. Statement as to authority of notaries public. 1. In  exercising
 [his]  THEIR  powers pursuant to this article, a notary public, in addi-
 tion to the venue of [his] THEIR act and [his]  THEIR  signature,  shall
 print,  typewrite,  or stamp beneath [his] THEIR signature in black ink,
 [his] THEIR name, the words "Notary Public State of New York," the  name
 of  the  county  in which [he] THEY   originally qualified, and the date
 upon which [his] THEIR commission expires  and,  in  addition,  wherever
 required,  a  notary public shall also include the name of any county in
 which [his] THEIR certificate of official character is filed, using  the
 words "Certificate filed .......... County." A notary public who is duly
 licensed as an attorney and counsellor at law in this state may in [his]
 THEIR  discretion, substitute the words "Attorney and Counsellor at Law"
 for the words "Notary Public." A notary public who has qualified or  who
 has filed a certificate of official character in the office of the clerk
 in  a  county or counties within the city of New York must also affix to
 each instrument [his] THEIR official number or numbers in black ink,  as
 given to [him] THEM by the clerk or clerks of such county or counties at
 the  time  such  notary qualified in such county or counties and, if the
 instrument is to be recorded in an office of the register of the city of
 New York in any county within such city and the notary has been given  a
 number  or  numbers  by such register or [his] THEIR predecessors in any
 county or counties, when [his] THEIR autographed signature  and  certif-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02011-04-1

 S. 7088                             2

 icate are filed in such office or offices pursuant to this chapter, [he]
 THEY  shall  also  affix such number or numbers. No official act of such
 notary public shall be held invalid on account of the failure to  comply
 with  these  provisions. If any notary public shall [wilfully] WILLFULLY
 fail to comply with any of the provisions of  this  section,  [he]  THEY
 shall  be  subject  to disciplinary action by the secretary of state. In
 all the courts within this state the certificate  of  a  notary  public,
 over [his] THEIR signature, shall be received as presumptive evidence of
 the  facts  contained  in  such  certificate;  provided, that any person
 interested as a party to a suit may contradict, by other  evidence,  the
 certificate of a notary public.
   2.  IN  ADDITION TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 ANY NOTARIAL ACT THAT IS REQUIRED UNDER NEW  YORK  STATE  LAW  SHALL  BE
 AUTHORIZED  TO  BE  PERFORMED  UTILIZING AUDIO-VIDEO TECHNOLOGY PROVIDED
 THAT THE FOLLOWING CONDITIONS ARE MET:
   (A) A PERSON SEEKING A NOTARY'S SERVICES, IF NOT PERSONALLY  KNOWN  TO
 SUCH  NOTARY,  SHALL  PRESENT  VALID PHOTO IDENTIFICATION TO SUCH NOTARY
 DURING A VIDEO CONFERENCE.   PRESENTATION OF SUCH  PHOTO  IDENTIFICATION
 BEFORE OR AFTER SUCH VIDEO CONFERENCE SHALL NOT SATISFY THE REQUIREMENTS
 OF THIS PARAGRAPH;
   (B)  THE  VIDEO  CONFERENCE SHALL ALLOW FOR DIRECT INTERACTION BETWEEN
 THE PERSON SEEKING THE NOTARY'S SERVICES AND THE NOTARY. A  PRE-RECORDED
 VIDEO  OF THE PERSON SEEKING THE NOTARY'S SERVICES SHALL NOT SATISFY THE
 REQUIREMENTS OF THIS PARAGRAPH;
   (C) THE PERSON  SEEKING  THE  NOTARY'S  SERVICES  SHALL  AFFIRMATIVELY
 REPRESENT  THAT  THEY  ARE  PHYSICALLY SITUATED IN NEW YORK STATE AT THE
 TIME OF THE VIDEO CONFERENCE;
   (D) THE PERSON SEEKING THE NOTARY'S SERVICES SHALL TRANSMIT BY FACSIM-
 ILE OR ELECTRONIC MEANS A COPY OF THE SIGNED DOCUMENT  DIRECTLY  TO  THE
 NOTARY ON THE SAME DATE SUCH DOCUMENT WAS SIGNED;
   (E)  THE  NOTARY MAY NOTARIZE THE TRANSMITTED COPY OF THE DOCUMENT AND
 TRANSMIT SUCH NOTARIZED DOCUMENT BACK TO THE PERSON SEEKING  SUCH  NOTA-
 RY'S SERVICES BY FACSIMILE OR ELECTRONIC MEANS; AND
   (F)  THE  NOTARY  MAY  REPEAT  THE NOTARIZATION OF THE ORIGINAL SIGNED
 DOCUMENT AS OF THE DATE OF EXECUTION, PROVIDED SUCH NOTARY RECEIVES SUCH
 ORIGINAL SIGNED DOCUMENT TOGETHER WITH THE ELECTRONICALLY NOTARIZED COPY
 WITHIN THIRTY DAYS AFTER THE DATE OF EXECUTION.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed one year after such date.

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Senate Bill S7088

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

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2021-S7088 (ACTIVE) - Details

2021-S7088 (ACTIVE) - Summary

2021-S7088 (ACTIVE) - Sponsor Memo

2021-S7088 (ACTIVE) - Bill Text download pdf

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Sponsored By

John W. Mannion

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2021-S7088 (ACTIVE) - Details

2021-S7088 (ACTIVE) - Summary

2021-S7088 (ACTIVE) - Sponsor Memo

2021-S7088 (ACTIVE) - Bill Text download pdf

Comments