S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4673--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
   tee on Governmental Operations -- committee discharged, bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02011-03-1

 A. 4673--A                          2
 
 county  or  counties, when [his] THEIR autographed signature and certif-
 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.