Senate Bill S560

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    560
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law and the civil practice law and  rules,
   in  relation to authorizing oaths to be remotely administered by nota-
   ries public to witnesses in legal proceedings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  135  of  the executive law is amended to read as
 follows:
   § 135. Powers and duties; in  general;  of  notaries  public  who  are
 attorneys  at  law.  1.  Every  notary  public  duly qualified is hereby
 authorized and empowered within and throughout the state  to  administer
 oaths  and  affirmations, to take affidavits and depositions, to receive
 and certify acknowledgments or proof of deeds, mortgages and  powers  of
 attorney  and  other  instruments  in  writing;  to demand acceptance or
 payment of foreign and inland bills of exchange,  promissory  notes  and
 obligations  in  writing,  and to protest the same for non-acceptance or
 non-payment, as the case may require, and, for use in another  jurisdic-
 tion, to exercise such other powers and duties as by the laws of nations
 and  according  to commercial usage, or by the laws of any other govern-
 ment or country may be  exercised  and  performed  by  notaries  public,
 provided that when exercising such powers he shall set forth the name of
 such other jurisdiction.
   2.  (A)  EVERY  NOTARY  PUBLIC  MAY  REMOTELY  ADMINISTER AN OATH TO A
 WITNESS IN A LEGAL PROCEEDING IN THIS STATE, PROVIDED THAT:  (I)  FOR  A
 LEGAL  PROCEEDING  OCCURRING ELECTRONICALLY, VIA TELEPHONE, OR VIA VIDEO
 CONFERENCE, ALL PARTIES TO SUCH PROCEEDING STIPULATE THAT SUCH OATH  MAY
 BE ADMINISTERED REMOTELY; OR
   (II)  FOR  A  LEGAL  PROCEEDING OCCURRING VIA A LIVE VIDEO CONFERENCE,
 SUCH WITNESS PRESENTS A VALID, GOVERNMENT ISSUED FORM OF  IDENTIFICATION
 CONTAINING  A PHOTOGRAPH OF SUCH WITNESS, AND SUCH WITNESS AFFIRMATIVELY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02620-01-3
              

 S. 560                              2
 
 REPRESENTS THAT HE OR SHE IS PHYSICALLY IN THE STATE AT THE TIME OF SUCH
 VIDEO CONFERENCE.
   (B)  UNLESS  EXEMPTED  BY  ANY  OTHER  PROVISION OF LAW, FOR ANY LEGAL
 PROCEEDING OCCURRING ELECTRONICALLY, VIA TELEPHONE, OR VIA VIDEO CONFER-
 ENCE, THE NOTARY PUBLIC SHALL BE LIVE AND PRESENT WHILE ADMINISTERING AN
 OATH TO A WITNESS IN SUCH LEGAL PROCEEDING. THE USE  OF  A  PRE-RECORDED
 MESSAGE OF ANY KIND SHALL BE PROHIBITED.
   3.  A  notary  public  who is an attorney at law regularly admitted to
 practice in this state may, in his discretion,  administer  an  oath  or
 affirmation  to or take the affidavit or acknowledgment of his client in
 respect of any matter, claim, action or proceeding.
   4. For any misconduct by a notary public in the performance of any  of
 his powers such notary public shall be liable to the parties injured for
 all  damages  sustained  by them. A notary public shall not, directly or
 indirectly, demand or receive for the protest for the non-payment of any
 note, or for the non-acceptance or non-payment of any bill of  exchange,
 check or draft and giving the requisite notices and certificates of such
 protest,  including  his  notarial seal, if affixed thereto, any greater
 fee or reward than seventy-five cents for such protest,  and  ten  cents
 for  each  notice, not exceeding five, on any bill or note. Every notary
 public having a seal shall,  except  as  otherwise  provided,  and  when
 requested, affix his seal to such protest free of expense.
   § 2. Subdivision (d) of rule 3113 of the civil practice law and rules,
 as  added  by  chapter  66  of  the  laws of 2004, is amended to read as
 follows:
   (d) The parties may stipulate that a deposition be taken by  telephone
 or  other remote electronic means and that a party may participate elec-
 tronically. The stipulation shall  designate  reasonable  provisions  to
 ensure  that  an  accurate  record of the deposition is generated, shall
 specify, if appropriate, reasonable provisions for the use  of  exhibits
 at  the  deposition;  shall  specify  who must and who may physically be
 present at the deposition; and shall provide for  any  other  provisions
 appropriate  under  the circumstances. Unless otherwise stipulated to by
 the parties[,]: (A) the officer administering the oath  shall  be  phys-
 ically present at the place of the deposition, PROVIDED HOWEVER NOTARIES
 PUBLIC  ADMINISTERING AN OATH PURSUANT TO SUBDIVISION TWO OF SECTION ONE
 HUNDRED THIRTY-FIVE OF  THE  EXECUTIVE  LAW  MAY  ADMINISTER  SUCH  OATH
 REMOTELY;  and  [the] (B) ANY additional costs of conducting the deposi-
 tion by telephonic or other remote electronic means, such  as  telephone
 charges,  shall  be borne by the party requesting that the deposition be
 conducted by such means.
   § 3. This act shall take effect immediately.