BILL NUMBER: S8663

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the executive law, in relation to limiting recordkeeping
and reporting duties of public notaries

 
PURPOSE:

Exempt notarial acts as they relate non-electronic notarization, from
being recorded or maintained in a notarial record.

 
SUMMARY OF 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.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.