STATEMENT TO

ASSEMBLY, No. 3903

with Senate Floor Amendments

(Proposed by Senator GOPAL)

ADOPTED: APRIL 13, 2020

     As introduced, this bill allows, for the duration of the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020, a notary public appointed pursuant to the provisions of the "Notaries Public Act of 1979,” P.L.1979, c. 460 (C.52:7-10 et seq.), or otherwise qualified and commissioned as a notary public in this State to perform notarial acts using communication technology for a remotely located individual.

     These floor amendments provide that, in addition to being performed by notaries public, notarial acts using communication technology for a remotely located individual could be performed by an officer authorized to take oaths, affirmations, and affidavits under R.S.41:2-1 or to take acknowledgements under R.S.46:14-6.1.

     The bill as amended would not apply to a record to the extent it is governed by:

     (1)   the “Uniform Commercial Code,” N.J.S.12A:1-101 et seq, other than N.J.S.12A:1-107, N.J.S.12A:1-206, the provisions of the “Uniform Commercial Code – Sales,” chapter 2 of Title 12A of the New Jersey Statutes, and the provisions of the “Uniform Commercial Code – Leases,” chapter 2A of Title 12A of the New Jersey Statutes; or;

     (2)   a statute, regulation, or other rule of law governing adoption, divorce or other matters of family law.

     The officers authorized to take oaths, affirmations and affidavits under R.S.41:2-1 are:

     - the Chief Justice of the Supreme Court, any of the justices of the Supreme Court, or judges of Superior Court or other courts of record of this State;

     - municipal court judges;

     - clerks of all courts;

     - members of county boards of chosen freeholders, and their clerks;

      - county surrogates, registers of deeds and mortgages, county clerks and their deputies;

     - county sheriffs;

     - mayors or aldermen of cities, towns or boroughs or commissioners of commission-governed municipalities;

     - municipal clerks;

     - members of the State Legislature;

     - attorneys-at-law and counsellors-at-law of this State; and

     - certified court reporters, as defined in section 10 of P.L.1940, c.175 (C.45:15B-10).

     The officers authorized to take acknowledgements under R.S.46:14-6.1 are:

-    attorneys-at-law;

-    notaries public;

-    county clerks and deputy county clerks;

-    registers of deeds and mortgages and deputy registers;

-    surrogates and deputy surrogates;

-    officers of the United States, of a state, territory or district of the United States, or of a foreign nation authorized at the time and place of the acknowledgment or proof by the laws of that jurisdiction to take acknowledgments or proofs; 

-    foreign commissioners of deeds for New Jersey within the jurisdiction of the commission; and

-    foreign service or consular officers or other representatives of the United States to any foreign nation, within the territory of that nation.