NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7241A
SPONSOR: Lavine TITLE OF BILL:
An act to amend the executive law, in relation to limiting recordkeeping
and reporting duties of public notaries
PURPOSE OR GENERAL IDEA OF BILL:
Exempt notarial acts as they relate non-electronic notarization, from
being recorded or maintained in a notarial record.
SUMMARY OF.SPECIFIC PROVISIONS:
Section 1: Creates a new Section 135-D of the Executive Law as it
relates to notarial record keeping and reporting. Exempts certain nota-
rial acts from being recorded or maintained by a notary public.
Section 2: Establishes the effective date.
JUSTIFICATION:
Notary publics perform a critical role in many legal transactions.
Recently enacted regulations required that all notary publics must main-
tain and record each act performed. Each log must contain the following
information:
1. the date, approximate time, and type of notarial acts performed;
2. the name and address of any individuals for whom a notarial act was
performed;
3. the number and type of notarial services provided;
4. the type of credential used to identify the principal;
5. the verification procedures used for any personal appearance before
the notary; and
6. for electronic notarial acts, identification of the communication
technology, certification authority, and Verification providers used.
These logs must be kept for every notarial act for a period of 10 years.
These requirements are unduly burdensome and serve no legitimate
purpose. The regulations original enabling statute authorized regu-
lations to be promulgated specifically for electronic notarization.
However, the new regulations have been implemented for all notarial
acts. These requirements have a chilling effect on those wishing to act
as notaries and pose serious attorney-client privilege concerns for
attorneys acting as notaries. Therefore, non-electronic notarial acts
must be exempt from the record-keeping rules and regulations set forth
by the Department of State.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7241--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 15, 2023
___________
Introduced by M. of A. LAVINE, NORRIS, PIROZZOLO, JENSEN, WALLACE,
BRABENEC -- read once and referred to the Committee on Judiciary --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law, in relation to limiting recordkeeping
and reporting duties of public notaries
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 135-d
2 to read as follows:
3 § 135-d. Recordkeeping and reporting. Notwithstanding any other
4 provision of law, rule, or regulation to the contrary, except as
5 provided by section one hundred thirty-five-c of this article regarding
6 electronic notarization, a notary shall not be required to create or
7 retain any other notarial record of any notarial act.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10616-02-3
