-  This bill is not active in this session.
 

A00399 Summary:

BILL NOA00399B
 
SAME ASSAME AS S01780-C
 
SPONSORRozic (MS)
 
COSPNSRDe La Rosa, Fahy, Seawright, Otis, Simon, Hunter, Buttenschon, Steck, Montesano, McDonald, Bichotte Hermelyn, Abinanti, Griffin, Thiele, Jones, Ashby
 
MLTSPNSREnglebright
 
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.
Go to top    

A00399 Actions:

BILL NOA00399B
 
01/06/2021referred to governmental operations
03/10/2021amend and recommit to governmental operations
03/10/2021print number 399a
05/19/2021amend and recommit to governmental operations
05/19/2021print number 399b
05/26/2021reported referred to rules
06/09/2021reported
06/09/2021rules report cal.654
06/09/2021substituted by s1780c
 S01780 AMEND=C SKOUFIS
 01/15/2021REFERRED TO FINANCE
 03/01/20211ST REPORT CAL.458
 03/02/20212ND REPORT CAL.
 03/03/2021AMENDED 1780A
 03/03/2021ADVANCED TO THIRD READING
 03/10/2021AMENDED ON THIRD READING 1780B
 03/24/2021PASSED SENATE
 03/24/2021DELIVERED TO ASSEMBLY
 03/24/2021referred to governmental operations
 05/20/2021RECALLED FROM ASSEMBLY
 05/20/2021returned to senate
 05/24/2021VOTE RECONSIDERED - RESTORED TO THIRD READING
 05/24/2021AMENDED ON THIRD READING 1780C
 06/01/2021REPASSED SENATE
 06/01/2021RETURNED TO ASSEMBLY
 06/01/2021referred to governmental operations
 06/09/2021substituted for a399b
 06/09/2021ordered to third reading rules cal.654
 06/09/2021passed assembly
 06/09/2021returned to senate
 12/10/2021DELIVERED TO GOVERNOR
 12/22/2021SIGNED CHAP.767
 12/22/2021APPROVAL MEMO.128
Go to top

A00399 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:Zebrowski DATE:05/26/2021AYE/NAY:12/2 Action: Favorable refer to committee Rules
ZebrowskiAyeLawlerNay
GalefAyeGoodellAye
GlickAyeLalorAye
KimAyeByrneAye
Bichotte HermelAye
HyndmanAye
WilliamsAye
EpsteinNay
WallaceAye
MeeksAye

RULES Chair:Heastie DATE:06/09/2021AYE/NAY:29/0 Action: Favorable
HeastieExcusedBarclayAye
GottfriedAyeHawleyAye
NolanExcusedGiglioAye
WeinsteinAyeBlankenbushAye
PretlowAyeNorrisAye
CookAyeMontesanoAye
GlickAyeRaAye
AubryAyeBrabenecAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaAye

Go to top

A00399 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A00399 Memo:

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.
Go to top

A00399 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         399--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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:
 
     1    Section  1. The executive law is amended by adding a new section 137-a
     2  to read as follows:
     3    § 137-a. Electronic notarization. 1.  Definitions. (a)  "Communication
     4  technology"  means  an  electronic  device or process that: (i) allows a
     5  notary public and a remotely located individual to communicate with each
     6  other simultaneously by sight and sound; and  (ii)  when  necessary  and
     7  consistent  with  other applicable law, facilitates communication with a
     8  remotely located individual who has a vision, hearing, or speech impair-
     9  ment.
    10    (b) "Electronic" shall have the same meaning as set forth in  subdivi-
    11  sion one of section three hundred two of the state technology law.
    12    (c)  "Electronic  document"  means information that is created, gener-
    13  ated, sent, communicated, received or stored by electronic means.
    14    (d) "Electronic notarial act"  means  an  official  act  by  a  notary
    15  public,  physically present in the state of New York, on or involving an
    16  electronic document and using  means  authorized  by  the  secretary  of
    17  state.
    18    (e)  "Electronic  notary public" or "electronic notary" means a notary
    19  public who has registered with the secretary of state the capability  of
    20  performing electronic notarial acts.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03271-10-1

        A. 399--B                           2
 
     1    (f) "Electronic signature" shall have the same meaning as set forth in
     2  subdivision  three  of section three hundred two of the state technology
     3  law.
     4    2.  Identifying  document  signers.    (a) The methods for identifying
     5  document signers for an electronic notarization shall be the same as the
     6  methods required for a paper-based notarization; provided,  however,  an
     7  electronic  notarization  conducted  utilizing  communication technology
     8  shall meet the standards which have been approved through regulation  by
     9  the  secretary  of  state as acceptable. Such regulations shall include,
    10  but not be limited to:
    11    (i) that the signal transmission shall  be  secure  from  interception
    12  through lawful means by anyone other than the persons communicating;
    13    (ii) that the signal transmission shall be live, in real time; and
    14    (iii)  that the technology shall permit the notary to communicate with
    15  and identify the remotely located individual at the time of the notarial
    16  act.
    17    (b) If video and audio conference technology has been used  to  ascer-
    18  tain  a  document  signer's identity, the electronic notary shall keep a
    19  copy of the recording of the video and audio conference and  a  notation
    20  of  the  type  of  any other identification used. The recording shall be
    21  maintained for a period of at least ten years from the  date  of  trans-
    22  action.
    23    3.  Registration  requirements.  (a)  Before performing any electronic
    24  notarial act or acts, a notary public shall register the  capability  to
    25  notarize electronically with the secretary of state in a form prescribed
    26  by the secretary of state.
    27    (b) In registering the capability to perform electronic notarial acts,
    28  the  notary public shall provide the following information to the secre-
    29  tary of state, notary processing unit:
    30    (i) the applicant's name as currently commissioned and complete  mail-
    31  ing address;
    32    (ii)  the expiration date of the notary public's commission and signa-
    33  ture of the commissioned notary public;
    34    (iii) the applicant's e-mail address;
    35    (iv) the description of the electronic technology or  technologies  to
    36  be  used  in  attaching  the notary public's electronic signature to the
    37  electronic document; and
    38    (v) an exemplar of the notary  public's  electronic  signature,  which
    39  shall contain the notary public's name and any necessary instructions or
    40  techniques  that  allow  the  notary public's electronic signature to be
    41  read.
    42    4. Types of electronic notarial acts. (a) Any notarial act  authorized
    43  by  section  one  hundred  thirty-five  of this article may be performed
    44  electronically as prescribed by this section if:  (i)  under  applicable
    45  law  that  document may be signed with an electronic signature; and (ii)
    46  the electronic notary public is located within the state of New York  at
    47  the time of the performance of an electronic notarial act using communi-
    48  cation technology, regardless of the location of the document signer.
    49    (b) An electronic notarial act performed using communication technolo-
    50  gy  pursuant  to  this  section satisfies any requirement of law of this
    51  state that a document signer personally appear before, be in  the  pres-
    52  ence  of,  or  be in a single time and place with a notary public at the
    53  time of the performance of the notarial act.
    54    5. Form and manner of performing the electronic notarial act. (a) When
    55  performing an electronic notarial act, a notary public  shall  apply  an
    56  electronic signature, which shall be attached to the electronic document

        A. 399--B                           3
 
     1  such  that removal or alteration of such electronic signature is detect-
     2  able and will render evidence of alteration of the  document  containing
     3  the notary signature which may invalidate the electronic notarial act.
     4    (b)  The notary public's electronic signature is deemed to be reliable
     5  if the standards which have been  approved  through  regulation  by  the
     6  secretary  of  state  have been met. Such regulations shall include, but
     7  not be limited to, the requirements that such electronic signature be:
     8    (i) unique to the notary public;
     9    (ii) capable of independent verification;
    10    (iii) retained under the notary public's sole control;
    11    (iv) attached to the electronic document; and
    12    (v) linked to the date in such a manner  that  any  subsequent  alter-
    13  ations  to the underlying document are detectable and may invalidate the
    14  electronic notarial act.
    15    (c) The notary public's electronic signature shall be  used  only  for
    16  the purpose of performing electronic notarial acts.
    17    (d)  The remote online notarial certificate for an electronic notarial
    18  act shall state that the person making the acknowledgement or making the
    19  oath appeared remotely online.
    20    (e) The secretary shall adopt rules necessary to establish  standards,
    21  procedures,  practices, forms, and records relating to a notary public's
    22  electronic signature. The notary  public's  electronic  signature  shall
    23  conform to any standards adopted by the secretary.
    24    6.    Recording  of an electronic record. (a) If otherwise required by
    25  law as a condition for recording that a document be  an  original  docu-
    26  ment, printed on paper or another tangible medium, or be in writing, the
    27  requirement  is  satisfied  by  paper  copy of an electronic record that
    28  complies with the requirements of this section.
    29    (b) If otherwise required by law as a condition for recording, that  a
    30  document  be  signed,  the requirement may be satisfied by an electronic
    31  signature.
    32    (c) A requirement that a document or a  signature  associated  with  a
    33  document  be notarized, acknowledged, verified, witnessed, or made under
    34  oath is satisfied if the electronic signature of the  person  authorized
    35  to  perform that act, and all other information required to be included,
    36  is attached to or logically associated with the document or signature. A
    37  physical or electronic image of a stamp, impression, or  seal  need  not
    38  accompany  an  electronic  signature if the notary has attached an elec-
    39  tronic notarial certificate that meets the requirements of this section.
    40    7.  Change of e-mail address. Within five days after the change of  an
    41  electronic notary public's e-mail address, the notary public shall elec-
    42  tronically  transmit  to  the secretary of state a notice of the change,
    43  signed with the notary public's official electronic signature.
    44    8. No notary public or business employing the  services  of  a  notary
    45  public  operating  in  the  state  of New York shall exclusively require
    46  notarial transactions to utilize electronic notarization.
    47    § 2. Section 136 of the executive law  is  amended  by  adding  a  new
    48  subdivision 3 to read as follows:
    49    3.  For  electronic  notarial  services,  established  in  section one
    50  hundred thirty-seven-a of this chapter, a fee set through regulation  by
    51  the secretary of state.
    52    § 3. This act shall take effect on the one hundred eightieth day after
    53  it  shall have become a law. Effective immediately, the addition, amend-
    54  ment and/or repeal of any rule or regulation necessary for the implemen-
    55  tation of this act on its effective date are authorized to be made on or
    56  before such effective date.
Go to top