The Senate Budget and Appropriations Committee voted favorably on S-2508(Gopal)/A-4250 (Downey), which would significantly update the law concerning notaries and notarial acts, and authorizes electronic notarization of certain documents. The bill is headed for a full vote on the amendments in both houses.
“This bill facilities the notarization process without sacrificing the indicia of reliability and safeguards in place to ensure that the execution of a document is valid,” said the New Jersey State Bar Association (NJSBA) in its written remarks in support of the bill.
The legislation adds requirements for notaries to complete a course of study and continuing education in order to maintain their notary commission. Attorneys and attorneys who are notaries would not be required to complete this course. The bill also allows for electronic notarization of certain documents that were previously not permitted to be notarized electronically. Certain documents under the Uniform Commercial Code and documents relative to adoptions, divorces or other matters of family law may be notarized electronically. The bill maintains the current status of the law regarding notarization of wills and codicils, permitting remote ink notarization, but not remote online notarization. These documents will still require a wet ink signature to be presented to a surrogate; however, they may be signed using remote technology to witness the signature.
“At the start of the COVID-19 pandemic, it was challenging for many New Jersey residents to get documents notarized and move forward with legal and financial transactions because notarial services needed to be performed in person,” said Assemblywoman Joann Downey, sponsor of the bill. Downey authored the current law to allow temporary remote notarization in the wake of the pandemic. “Since we amended the law, it has become much easier for residents to safely access this essential service.
The NJSBA worked closely with the sponsors of the legislation and the current law on remote notarization. It continues to monitor the bill’s progress.
Civilian review boards bill moves in Assembly
A bill that would authorize the creation of local civilian review boards to review police operations and conduct has moved through the Assembly with amendments. S-2963 (Rice)/A-4656 (McKnight) will “foster transparency, fairness, and equality in policing practices and policies, which in turn will help promote positive relations between police and the local communities they serve.” The NJSBA supports the bill with amendments to afford greater flexibility for municipalities to adapt boards to their needs.
In her testimony earlier this year, Assemblywoman Angela McKnight said, “This is truly a piece of legislation designed by the community, for the community. We involved police, community members, advocacy groups, community leaders, municipalities and clergy. The participation of these stakeholders ensures that we have legislation that is strong, powerful, inclusive and represents the voices of the people.”
Four mayors testified in support of the bill, including Newark Mayor Ras Baraka. Newark’s ordinance was the subject of a Supreme Court review. The Court ruled against the city giving its Civilian Complaint Review Board the authority to subpoena information. This legislation is modeled after Newark’s ordinance.
The NJSBA is monitoring the bill’s progress through the Legislature.
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.