Bill Text: NY A01896 | 2023-2024 | General Assembly | Amended
Bill Title: Provides for the remote conduct of certain practices and procedures including meetings and notarizations utilizing electronic and/or audio-visual technologies.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-03-28 - print number 1896a [A01896 Detail]
Download: New_York-2023-A01896-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1896--A 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. DINOWITZ, SEAWRIGHT -- read once and referred to the Committee on Governmental Operations -- recommitted to the Commit- tee on Governmental Operations in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the banking law, the estates, powers and trusts law, the public health law and the real property law, in relation to providing for the remote conduct of certain practices and procedures The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 11 of the banking law is amended by adding a new 2 subdivision 5 to read as follows: 3 5. Notwithstanding any provision of law to the contrary, any instru- 4 ment which is signed and delivered to the superintendent pursuant to any 5 provision of this chapter, and is required to be verified or acknowl- 6 edged pursuant to the provisions of this chapter, may be verified or 7 acknowledged by including the standard verification or acknowledgment 8 language in such instrument and transmitting a legible copy of the 9 signed instrument by fax or electronic means. The superintendent shall 10 promulgate all rules and regulations necessary for the implementation of 11 the provisions of this subdivision. 12 § 2. Section 3-2.1 of the estates, powers and trusts law is amended by 13 adding a new paragraph (c) to read as follows: 14 (c) (1) Notwithstanding any provision of this section to the contrary, 15 the attestation of wills may be made utilizing audio-video technology if 16 the following conditions are met: 17 (A) The testator, if not personally known to the attesting witness, 18 shall present valid photo identification to the attesting witness during 19 the audio-video conference. 20 (B) The audio-video conference shall allow for direct interaction 21 between the testator and the attesting witness. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01184-03-4A. 1896--A 2 1 (C) The attesting witness shall receive a legible copy of the signa- 2 ture page, or pages, which shall be transmitted via fax or electronic 3 means, within twenty-four hours of such pages being signed by the testa- 4 tor during the audio-video conference. 5 (D) The attesting witness shall sign the transmitted copy of the 6 signature page, or pages, and transmit the same back to the testator. 7 (2) An attesting witness may repeat the attestation of the original 8 signature page, or pages, as of the date of execution provided that the 9 attesting witness receives such original signature page, or pages, 10 together with the electronically attested copy, attested to pursuant to 11 the provisions of subparagraph one of this paragraph, within thirty days 12 after the date of execution. 13 § 3. Section 7-1.17 of the estates, powers and trusts law is amended 14 by adding a new paragraph (c) to read as follows: 15 (c) (1) Notwithstanding any provision of this section to the contrary, 16 witnessing pursuant to this section may be made utilizing audio-video 17 technology if the following conditions are met: 18 (A) The person requesting that their signature be witnessed, if not 19 personally known to the witnesses, shall present valid photo identifica- 20 tion to the witnesses during the audio-video conference. 21 (B) The audio-video conference shall allow for direct interaction 22 between the person requesting that their signature be witnessed and the 23 witnesses. 24 (C) The witnesses shall receive a legible copy of the signature page, 25 or pages, which shall be transmitted via fax or electronic means, within 26 twenty-four hours of such pages being signed by the person requesting 27 that their signature be witnessed during the audio-video conference. 28 (D) The witnesses shall sign the transmitted copy of the signature 29 page, or pages, and transmit the same back to the person requesting that 30 their signature be witnessed. 31 (2) A witness may repeat the witnessing of the original signature 32 page, or pages, as of the date of execution provided that the witness 33 receives such original signature page, or pages, together with the elec- 34 tronically witnessed copy, witnessed pursuant to the provisions of 35 subparagraph one of this paragraph, within thirty days after the date of 36 execution. 37 § 4. Section 4201 of the public health law is amended by adding a new 38 subdivision 3-a to read as follows: 39 3-a. (a) Notwithstanding any provision of this section to the contra- 40 ry, witnessing pursuant to this section may be made utilizing audio-vi- 41 deo technology if the following conditions are met: 42 (i) The person requesting that their signature be witnessed, if not 43 personally known to the witnesses, shall present valid photo identifica- 44 tion to the witnesses during the audio-video conference. 45 (ii) The audio-video conference shall allow for direct interaction 46 between the person requesting that their signature be witnessed and the 47 witnesses. 48 (iii) The witnesses shall receive a legible copy of the signature 49 page, or pages, which shall be transmitted via fax or electronic means, 50 within twenty-four hours of such pages being signed by the person 51 requesting that their signature be witnessed during the audio-video 52 conference. 53 (iv) The witnesses shall sign the transmitted copy of the signature 54 page, or pages, and transmit the same back to the person requesting that 55 their signature be witnessed.A. 1896--A 3 1 (b) A witness may repeat the witnessing of the original signature 2 page, or pages, as of the date of execution provided that the witness 3 receives such original signature page, or pages, together with the elec- 4 tronically witnessed copy, witnessed pursuant to the provisions of para- 5 graph (a) of this subdivision, within thirty days after the date of 6 execution. 7 § 5. The real property law is amended by adding a new section 304-a to 8 read as follows: 9 § 304-a. Witnessing utilizing audio-video technology. 1. Notwith- 10 standing any provision of this article to the contrary, witnessing 11 pursuant to this section may be made utilizing audio-video technology if 12 the following conditions are met: 13 (a) The person requesting that their signature be witnessed, if not 14 personally known to the witness, shall present valid photo identifica- 15 tion to the witness during the audio-video conference. 16 (b) The audio-video conference shall allow for direct interaction 17 between the person requesting that their signature be witnessed and the 18 witness. 19 (c) The witnesses shall receive a legible copy of the signature page, 20 or pages, which shall be transmitted via fax or electronic means, within 21 twenty-four hours of such pages being signed by the person requesting 22 that their signature be witnessed during the audio-video conference. 23 (d) The witness shall sign the transmitted copy of the signature page, 24 or pages, and transmit the same back to the person requesting that their 25 signature be witnessed. 26 2. A witness may repeat the witnessing of the original signature page, 27 or pages, as of the date of execution provided that the witness receives 28 such original signature page, or pages, together with the electronically 29 witnessed copy, witnessed pursuant to the provisions of subdivision one 30 of this section, within thirty days after the date of execution. 31 § 6. This act shall take effect on the thirtieth day after it shall 32 have become a law.
