NY State Senate Bill 2023-S7561

Senate Bill S7561

Signed By Governor

2023-2024 Legislative Session

Relates to procedures for appointment and reappointment of notaries public

download bill text pdf

Current Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 30, 2023	signed chap.188
Jun 29, 2023	delivered to governor
Jun 09, 2023	returned to senate passed assembly ordered to third reading rules cal.746 substituted for a7755 referred to ways and means delivered to assembly passed senate
Jun 08, 2023	ordered to third reading cal.1831
Jun 06, 2023	referred to rules

Votes

- Jun 9, 2023 - Floor Vote
  S7561
  
  61
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (2)
      
      Helming
      
      Walczyk
      
      The following Member(s) participated via videoconferencing: Cooney
  Jun 9, 2023 - Rules Committee Vote
  S7561
  
  15
  
  Aye
  
  1
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2023
      
      aye (15)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (1)
      
      O'Mara
      
      aye wr (5)
      
      Gallivan
      
      Griffo
      
      Helming
      
      Ortt
      
      Stec

2023-S7561 (ACTIVE) - Details

See Assembly Version of this Bill:: A7755
Law Section:: Executive Law
Laws Affected:: Amd §§131, 132, 133 & 135-c, Exec L

2023-S7561 (ACTIVE) - Summary

Relates to procedures for appointment and reappointment of notaries public, certificates of official character, and certification of electronic notarial records.

2023-S7561 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7561

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the executive law, in relation to procedures for
appointment and reappointment of notaries public, certificates of offi-
cial character, and certification of electronic notarial records

 
PURPOSE OF THE BILL:

This legislation would amend the Executive Law to require renewal of
notary public commissions to be submitted to and processed by the Secre-
tary of State. The legislation would also clarify requirements relating
to transmission of records between the Secretary of State and County
Clerks, add language relating to electronic notary public registration,
and align the fees in the Executive Law associated with certificates of
official character of notaries public and certification of notarial
signatures with the fees for the same services set forth in the Civil
Practice Law and Rules (CPLR). Finally, this legislation makes a techni-
cal correction to the process by which an electronic notary may certify
a papered out copy of the signature page of an electronically notarized
document.

 
SUMMARY OF PROVISIONS:

Section 1 would amend section 131 of the Executive Law to require appli-
cations seeking renewal of notary public commissions to be submitted to
and processed by the Secretary of State, expressly authorize electronic
transmission of records from the Secretary of State to the County Clerk
upon issuance of a notary public commission and add language relating to
transmission of records and issuance of commissions upon receipt of
registration of the capability to perform electronic notarial acts.

Section 2 would amend section 132 of the Executive Law to align the fee
in the executive law associated with certificates of official character
of notaries public with the fee for the same service set forth in the
CPLR.

Section 3 would amend section 133 of the Executive Law to align the fee
in the Executive Law associated with certification of notarial signa-
tures with the fee for the same service set forth in the CPLR.

Section 4 would amend section 135-c of the Executive Law to remove the
word "remotely" from the reference to an electronic record in the law
relating to certification by a notary public of the signature page of an
electronically notarized record.

Section 5 provides for an immediate effective date and allows the County
Clerk to process applications for reappointment that were post-marked,
submitted, or received by a County Clerk prior to the effective date.

 
JUSTIFICATION:

There are approximately a quarter of a million commissioned notaries
public in the state of New York, each of which is commissioned for a
four-year term. The Secretary of State and county clerks each have
duties and responsibilities relating to commissioning notaries public.
Each have recordkeeping and record sharing responsibilities, and current
law provides for a part-state, part-local framework by which notaries
must obtain their commissions (i.e., license). Under this framework,
persons seeking a new notary commission (new license) must apply to the
Department of State (DOS) and if approved, receive their license by DOS,
whereas a notary seeking to renew their commission must apply to their
county clerk and, if approved, receive their renewal license by such
county clerk.  The law relating to appointment of notaries public also
requires the Secretary of State to sign off on reappointments regarding
applicants with a criminal conviction and authorizes the Secretary of
State to weigh in on applicants regarding good moral character issues
but doesn't prescribe how those things happen. The resulting lack of
statutory clarity has resulted in a process by which the county clerk
receives applications for individuals seeking reappointment, but instead
of issuing a commission after determining completeness and checking with
the Secretary of State on any criminal convictions or good moral charac-
ter issues, the county clerk forwards by mail the completed application
for reappointment to the Secretary of State for processing and issuance
of a reappointment (i.e., renewal) commission. The result of this
cumbersome process has been delays in the issuance of renewals that
disenfranchises the end user (the notary) and the businesses they serve.

With the recent enactment of the new law providing for electronic notary
services in the state of New York, the Secretary of State launched a new
application and records management system that processes not only elec-
tronic notary registrations, but new notary applications for traditional
notary commissions. The system is capable of processing renewal applica-
tions as well, and a change in law directing renewals to the Secretary
of State will eliminate the chronic renewal backlog associated with the
antiquated, paper and mail-based process and deliver a modem online
application with the efficiency that the public has become accustomed to
receiving with many other government services.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediate.

2023-S7561 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7561
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2023
                                ___________
 
 Introduced by Sen. HOYLMAN-SIGAL -- (at request of the Governor) -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Rules
 
 AN ACT to amend  the  executive  law,  in  relation  to  procedures  for
   appointment  and  reappointment  of  notaries  public, certificates of
   official character, and certification of electronic notarial records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Section 131 of the executive law, as added by chapter 13
 of the laws of 1992, the section heading as amended and  subdivision  14
 as added by chapter 92 of the laws of 2010, subdivisions 3, 9, and 10 as
 amended by chapter 171 of the laws of 2000, subdivisions 5, 12 and 13 as
 amended  by  chapter  129  of  the  laws  of 2001, is amended to read as
 follows:
   § 131. Procedure of appointment; fees  and  commissions;  fee  payment
 methods.  1. NEW APPOINTMENT. (A) Applicants for a notary public commis-
 sion shall submit to the secretary of state with their application,  the
 oath of office, duly executed before any person authorized to administer
 an oath, together with their signature.
   [2.]  (B) Upon being satisfied of the competency and good character of
 applicants for appointment as notaries public, the  secretary  of  state
 shall  issue a commission to such persons; and the official signature of
 the applicants and the oath of office filed with such applications shall
 take effect.
   [3.] (C) The secretary of state shall receive a non-refundable  appli-
 cation  fee  of sixty dollars from applicants for appointment, which fee
 shall be submitted together with the application. No further  fee  shall
 be paid for the issuance of the commission.
   [4.]  (D)  A notary public identification card indicating the appoint-
 ee's name, address, county and commission term shall be  transmitted  to
 the appointee.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12013-02-3

 S. 7561                             2
 
   [5.]  (E)  The  commission,  duly  dated,  and a certified copy or the
 original of the oath of office and the official  signature,  and  twenty
 dollars apportioned from the application fee shall be transmitted by the
 secretary  of  state  to  the  county  clerk  OF THE COUNTY in which the
 appointee resides by the tenth day of the following month.  TRANSMISSION
 MAY  BE ACCOMPLISHED BY ELECTRONIC MEANS THAT RESULTS IN A SUBMISSION OF
 SUCH RECORDS AND FEES BY THE SECRETARY OF STATE TO THE COUNTY CLERK. FOR
 PURPOSES OF THIS SECTION, "ELECTRONIC" SHALL HAVE THE  SAME  MEANING  AS
 SET FORTH IN SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   [6.] (F) The county clerk shall make a proper index of commissions and
 official signatures transmitted to that office by the secretary of state
 pursuant to the provisions of this section.
   [7.]  2.  REAPPOINTMENT.  (A) Applicants for reappointment of a notary
 public commission shall submit to the [county clerk] SECRETARY OF  STATE
 with  their  application  the  oath  of office, duly executed before any
 person authorized to administer an oath, together with their signature.
   [8.] (B) Upon being satisfied of the completeness of  the  application
 for  reappointment,  the [county clerk] SECRETARY OF STATE shall issue a
 commission to such persons; and the official signature of the applicants
 and the oath of office filed with such applications shall take effect.
   [9.] (C) The [county clerk] SECRETARY OF STATE shall receive a non-re-
 fundable application fee of sixty dollars from each applicant for  reap-
 pointment,  which  fee shall be submitted together with the application.
 No further fee shall be paid for the issuance of the commission.
   [10.] (D) The commission, duly dated, and a certified or original copy
 of the [application] OATH OF OFFICE  AND  THE  OFFICIAL  SIGNATURE,  and
 [forty]  TWENTY dollars apportioned from the application fee plus inter-
 est as may be required by statute shall be transmitted  by  the  [county
 clerk]  SECRETARY  OF  STATE to the [secretary of state] COUNTY CLERK OF
 THE COUNTY IN WHICH THE APPOINTEE  RESIDES  by  the  tenth  day  of  the
 following  month.  TRANSMISSION  MAY BE ACCOMPLISHED BY ELECTRONIC MEANS
 THAT RESULTS IN A SUBMISSION OF SUCH RECORDS AND FEES BY  THE  SECRETARY
 OF STATE TO THE COUNTY CLERK.
   [11.]  (E)  The  [secretary of state] COUNTY CLERK shall make a proper
 record of commissions transmitted to that office by the  [county  clerk]
 SECRETARY OF STATE pursuant to the provisions of this section.
   [12.]  3. ELECTRONIC NOTARIZATION. (A) AFTER REGISTRATION OF THE CAPA-
 BILITY TO PERFORM ELECTRONIC  NOTARIAL  ACTS  PURSUANT  TO  SECTION  ONE
 HUNDRED  THIRTY-FIVE-C  OF  THIS  ARTICLE,  THE SECRETARY OF STATE SHALL
 TRANSMIT TO THE COUNTY CLERK THE EXEMPLAR OF THE NOTARY  PUBLIC'S  ELEC-
 TRONIC  SIGNATURE AND ANY CHANGE IN COMMISSION NUMBER OR EXPIRATION DATE
 OF THE NOTARY PUBLIC'S COMMISSION.  TRANSMISSION MAY BE ACCOMPLISHED  BY
 ELECTRONIC MEANS.
   (B) REGISTRATION OF THE CAPABILITY TO PERFORM ELECTRONIC NOTARIZATIONS
 SHALL BE TREATED AS A NEW APPOINTMENT BY THE SECRETARY OF STATE.
   4. FEES.  (A) Except for changes made in an application for reappoint-
 ment,  the  secretary of state shall receive a non-refundable fee of ten
 dollars for changing the name or address of a notary public.
   [13.] (B) The secretary of state may issue a duplicate  identification
 card to a notary public for one lost, destroyed or damaged upon applica-
 tion  therefor  on  a form prescribed by the secretary of state and upon
 payment of a non-refundable fee of  ten  dollars.  Each  such  duplicate
 identification  card  shall have the word "duplicate" stamped across the
 face thereof, and shall bear the same number as the one it replaces.
   [14.] (C) The secretary of state [and any county clerk,] shall  accept
 payment for any fee relating to appointment or reappointment as a notary
 S. 7561                             3
 
 in  the  form of cash, money order, certified check, company check, bank
 check or personal check. The secretary of state [and any  county  clerk]
 may provide for accepting payment of any such fee due [to him or her] by
 credit or debit card, which may include payment through the internet.
   § 2. Section 132 of the executive law is amended to read as follows:
   § 132. Certificates  of  official  character of notaries public.   The
 secretary of state or the county  clerk  of  the  county  in  which  the
 commission of a notary public is filed may certify to the official char-
 acter  of  such notary public and any notary public may file [his] THEIR
 autograph signature and a  certificate  of  official  character  in  the
 office  of any county clerk of any county in the state and in any regis-
 ter's office in any county having a register and thereafter such  county
 clerk  may  certify  as to the official character of such notary public.
 The secretary of state shall collect for each  certificate  of  official
 character  issued  [by  him] the sum of one dollar. The county clerk and
 register of any county with whom a certificate of official character has
 been filed shall collect for filing the same the sum of [one dollar] TEN
 DOLLARS.  For each certificate of official character issued,  with  seal
 attached,  by  any  county  clerk,  the sum of [one dollar] FIVE DOLLARS
 shall be collected [by him].
   § 3. Section 133 of the executive law, as amended by  chapter  376  of
 the laws of 1953, is amended to read as follows:
   § 133. Certification  of  notarial signatures.   The county clerk of a
 county in whose office any notary public  has  qualified  or  has  filed
 [his]  THEIR  autograph  signature  and  a certificate of [his] official
 character, shall, when so requested and upon payment of a fee of  [fifty
 cents]  THREE  DOLLARS, affix to any certificate of proof or acknowledg-
 ment or oath signed by such notary anywhere in the  state  [or]  OF  New
 York,  a  certificate  under  [his]  THEIR hand and seal, stating that a
 commission or a certificate of [his] official character OF  SUCH  NOTARY
 with  [his] THEIR autograph signature has been filed in [his] THE COUNTY
 CLERK'S office, and that [he] THE COUNTY CLERK was at the time of taking
 such proof or acknowledgment or oath duly authorized to take  the  same;
 that  [he]  THE  COUNTY CLERK is well acquainted with the handwriting of
 such notary public or has compared the signature on the  certificate  of
 proof  or  acknowledgment or oath with the autograph signature deposited
 in [his] THEIR office by such notary public and believes that the signa-
 ture is genuine.  An instrument with such certificate of  authentication
 of  the  county  clerk  affixed  thereto shall be entitled to be read in
 evidence or to be recorded in any of  the  counties  of  this  state  in
 respect  to  which  a certificate of a county clerk may be necessary for
 either purpose.  IN ADDITION TO THE FOREGOING POWERS, A COUNTY CLERK  OF
 A  COUNTY  IN WHOSE OFFICE A NOTARY PUBLIC HAS QUALIFIED MAY CERTIFY THE
 SIGNATURE OF AN ELECTRONIC NOTARY PUBLIC, REGISTERED WITH THE  SECRETARY
 OF  STATE PURSUANT TO SECTION ONE HUNDRED THIRTY-FIVE-C OF THIS ARTICLE,
 PROVIDED SUCH COUNTY CLERK HAS RECEIVED FROM THE SECRETARY OF STATE,  AN
 EXEMPLAR OF THE NOTARY PUBLIC'S REGISTERED ELECTRONIC SIGNATURE.
   §  4.  Subparagraph  (i)  of paragraph (d) of subdivision 6 of section
 135-c of the executive law, as amended by chapter 104  of  the  laws  of
 2022, is amended to read as follows:
   (i)  A notary public may certify that a tangible copy of the signature
 page and document type of an electronic record [remotely]  notarized  by
 such  notary  public is an accurate copy of such electronic record. Such
 certification must (1) be dated and signed by the notary public  in  the
 same  manner  as the official signature of the notary public provided to
 the secretary of state pursuant to section  one  hundred  thirty-one  of
 S. 7561                             4
 
 this  article,  and  (2) comply with section one hundred thirty-seven of
 this article.
   § 5. This act shall take effect immediately.  Applications for a nota-
 ry  commission post-marked, submitted to or received by the county clerk
 prior to such effective date, but not yet processed, may be processed by
 the county clerk to which any such application has been submitted.

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