BILL NUMBER: S6910
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:
S.8663 (2023-2024): Vetoed
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.