De La Rosa, Fahy, Seawright, Otis, Simon, Hunter, Buttenschon, Steck, Montesano, McDonald, Bichotte
Hermelyn, Abinanti, Griffin, Thiele, Jones, Ashby
MLTSPNSR
Englebright
Add §137-a, amd §136, Exec L
Relates to providing for electronic notarization; authorizes the use of video and audio conference technology in identifying individuals for electronic notarization.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A399B
SPONSOR: Rozic (MS) TITLE OF BILL:
An act to amend the executive law, in relation to providing for elec-
tronic notarization
PURPOSE OR GENERAL IDEA OF BILL:
Allows for notarization to be done electronically with the use of video
conference technology.
SUMMARY OF PROVISIONS:
Section 1 amends the executive law by adding new section 137-a. The bill
establishes definitions and sets forth registration requirements for
electronic notaries public. It establishes that notarial acts can be
performed electronically, subject to certain requirements. The bill also
sets forth instructions on how electronic notarization is to be
performed.
Section 2 provides that notaries public may collect fees for electronic
notarial services, as authorized by the Secretary of State.
Section 3 sets forth the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version of the bill establishes new consumer protection
requirements related to electronic notarizations.
JUSTIFICATION:
Every year, hundreds of millions of documents are notarized in the
United States: wills, mortgages, citizenship forms. Yet, despite the
increasing number of notarizations that occur annually, the industry has
not adapted to societal changes and technologic advance Notarization
still requires people to be physically present in front of a notary
public, despite new technology that would allow for the same security
over video and audio conference calls.
This legislation is not merely for convenience; Electronic Notarization
would allow homebound citizens to access notarial services and would
allow working people to have their documents notarized without losing
wages for lost working hours spent at an in-person notary public.
There are environmental benefits of Electronic Notarization as well as
it cuts down on paper usage.
PRIOR LEGISLATIVE HISTORY:
2020: A4076B (Rozic) - Governmental Operations
2019: A4076A (Rozic) - Governmental Operations
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made on or before such effective date.
