Amid the COVID-19-imposed state-wide lockdown of non-essential businesses, the Assembly acted last Thursday in the first remote voting session authorized by the newly passed law permitting public bodies to meet remotely during a public health emergency or state of emergency. Key bills were advanced that would greatly impact the lives of New Jersey residents and access to justice in the state.

Remote Notary Bill

A-3903 (Downey/Houghtaling/Swain) passed the Assembly with overwhelming support. It would supplant a bill, presently sitting on the governor’s desk, to permit notaries to perform services remotely using communication technology to record the act both visually and audibly. The new bill limits the duration of remote notary services to the duration of the public health emergency and state of emergency declared under Executive Order 103. The bill on the governor’s desk, A-3864, had a 90-day effective date, which would significantly delay any usefulness during the COVID-19 time period. A-3903 removes the waiting period, becoming effective immediately upon the governor’s signature. However, in its current form the bill only permits notaries public to notarize documents remotely, and still excludes wills and codicils; certain Uniform Construction Code (UCC) documents and records governed by a statute, regulation or other rule of law governing adoptions, divorces or other matters of family law.