Bill Text: NY A10569 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for the remote conduct of certain practices and procedures utilizing electronic and/or audio-visual technologies.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-06-03 - referred to governmental operations [A10569 Detail]
Download: New_York-2019-A10569-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10569 IN ASSEMBLY June 3, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the banking law, the tax law, the executive law, the estates, powers and trusts law, the public health law, the real prop- erty law and the general obligations 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 171 of the tax law is amended by adding a new subdivision 13 twenty-ninth to read as follows: 14 Twenty-ninth. Have the authority to accept digital signatures in lieu 15 of handwritten signatures on documents related to the determination or 16 collection of tax liability. The commissioner shall promulgate rules and 17 regulations regarding which documents shall be accepted with digital 18 signatures and the requirements for such digital signatures. 19 § 3. The executive law is amended by adding a new section 137-a to 20 read as follows: 21 § 137-a. Notary services provided utilizing audio-video technology. 1. 22 Notwithstanding any provision of law to the contrary, a notary public 23 may exercise his or her powers utilizing audio-video technology if the 24 following conditions are met: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16300-04-0A. 10569 2 1 (a) The person seeking the notary services, if not personally known to 2 the notary public, shall present valid photo identification to the nota- 3 ry public during the audio-video conference. 4 (b) The audio-video conference shall allow for direct interaction 5 between the person receiving notary services and the notary public. 6 (c) The person receiving notary services shall affirmatively represent 7 that he or she is physically situated in the state. 8 (d) The person receiving notary series shall transmit by fax or elec- 9 tronic means a legible copy of the document signed during the audio-vi- 10 deo conference directly to the notary public within twenty-four hours of 11 such audio-video conference. 12 (e) The notary public shall notarize the transmitted copy of the docu- 13 ment signed during the audio-video conference and transmit the same back 14 to the person receiving notary services. 15 2. A notary public may repeat the notarization of the original signed 16 document as of the date of execution provided that the notary public 17 receives such original signed document together with the electronically 18 notarized copy, notarized pursuant to the provisions of subdivision one 19 of this section, within thirty days after the date of execution. 20 § 4. Section 3-2.1 of the estates, powers and trusts law is amended by 21 adding a new paragraph (c) to read as follows: 22 (c) (1) Notwithstanding any provision of this section to the contrary, 23 the attestation of wills may be made utilizing audio-video technology if 24 the following conditions are met: 25 (A) The testator, if not personally known to the attesting witness, 26 shall present valid photo identification to the attesting witness during 27 the audio-video conference. 28 (B) The audio-video conference shall allow for direct interaction 29 between the testator and the attesting witness. 30 (C) The attesting witness shall receive a legible copy of the signa- 31 ture page, or pages, which shall be transmitted via fax or electronic 32 means, within twenty-four hours of such pages being signed by the testa- 33 tor during the audio-video conference. 34 (D) The attesting witness shall sign the transmitted copy of the 35 signature page, or pages, and transmit the same back to the testator. 36 (2) An attesting witness may repeat the attestation of the original 37 signature page, or pages, as of the date of execution provided that the 38 attesting witness receives such original signature page, or pages, 39 together with the electronically attested copy, attested to pursuant to 40 the provisions of subparagraph one of this paragraph, within thirty days 41 after the date of execution. 42 § 5. Section 7-1.17 of the estates, powers and trusts law is amended 43 by adding a new paragraph (c) to read as follows: 44 (c) (1) Notwithstanding any provision of this section to the contrary, 45 witnessing pursuant to this section may be made utilizing audio-video 46 technology if the following conditions are met: 47 (A) The person requesting that his or her signature be witnessed, if 48 not personally known to the witnesses, shall present valid photo iden- 49 tification to the witnesses during the audio-video conference. 50 (B) The audio-video conference shall allow for direct interaction 51 between the person requesting that his or her signature be witnessed and 52 the witnesses. 53 (C) The witnesses shall receive a legible copy of the signature page, 54 or pages, which shall be transmitted via fax or electronic means, within 55 twenty-four hours of such pages being signed by the person requestingA. 10569 3 1 that his or her signature be witnessed during the audio-video confer- 2 ence. 3 (D) The witnesses shall sign the transmitted copy of the signature 4 page, or pages, and transmit the same back to the person requesting that 5 his or her signature be witnessed. 6 (2) A witness may repeat the witnessing of the original signature 7 page, or pages, as of the date of execution provided that the witness 8 receives such original signature page, or pages, together with the elec- 9 tronically witnessed copy, witnessed pursuant to the provisions of 10 subparagraph one of this paragraph, within thirty days after the date of 11 execution. 12 § 6. Section 2981 of the public health law is amended by adding a new 13 subdivision 2-a to read as follows: 14 2-a. Alternate procedure for witnessing of health care proxies. (a) 15 Notwithstanding any provision of this section to the contrary, witness- 16 ing pursuant to this section may be made utilizing audio-video technolo- 17 gy if the following conditions are met: 18 (i) The person requesting that his or her signature be witnessed, if 19 not personally known to the witnesses, shall present valid photo iden- 20 tification to the witnesses during the audio-video conference. 21 (ii) The audio-video conference shall allow for direct interaction 22 between the person requesting that his or her signature be witnessed and 23 the witnesses. 24 (iii) The witnesses shall receive a legible copy of the signature 25 page, or pages, which shall be transmitted via fax or electronic means, 26 within twenty-four hours of such pages being signed by the person 27 requesting that his or her signature be witnessed during the audio-video 28 conference. 29 (iv) The witnesses shall sign the transmitted copy of the signature 30 page, or pages, and transmit the same back to the person requesting that 31 his or her signature be witnessed. 32 (b) A witness may repeat the witnessing of the original signature 33 page, or pages, as of the date of execution provided that the witness 34 receives such original signature page, or pages, together with the elec- 35 tronically witnessed copy, witnessed pursuant to the provisions of para- 36 graph (a) of this subdivision, within thirty days after the date of 37 execution. 38 § 7. Section 4201 of the public health law is amended by adding a new 39 subdivision 3-a to read as follows: 40 3-a. (a) Notwithstanding any provision of this section to the contra- 41 ry, witnessing pursuant to this section may be made utilizing audio-vi- 42 deo technology if the following conditions are met: 43 (i) The person requesting that his or her signature be witnessed, if 44 not personally known to the witnesses, shall present valid photo iden- 45 tification to the witnesses during the audio-video conference. 46 (ii) The audio-video conference shall allow for direct interaction 47 between the person requesting that his or her signature be witnessed and 48 the witnesses. 49 (iii) The witnesses shall receive a legible copy of the signature 50 page, or pages, which shall be transmitted via fax or electronic means, 51 within twenty-four hours of such pages being signed by the person 52 requesting that his or her signature be witnessed during the audio-video 53 conference. 54 (iv) The witnesses shall sign the transmitted copy of the signature 55 page, or pages, and transmit the same back to the person requesting that 56 his or her signature be witnessed.A. 10569 4 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 § 8. 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 his or her signature be witnessed, if 14 not personally known to the witness, shall present valid photo identifi- 15 cation 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 his or her signature be witnessed and 18 the 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 his or her signature be witnessed during the audio-video confer- 23 ence. 24 (d) The witness shall sign the transmitted copy of the signature page, 25 or pages, and transmit the same back to the person requesting that his 26 or her signature be witnessed. 27 2. A witness may repeat the witnessing of the original signature page, 28 or pages, as of the date of execution provided that the witness receives 29 such original signature page, or pages, together with the electronically 30 witnessed copy, witnessed pursuant to the provisions of subdivision one 31 of this section, within thirty days after the date of execution. 32 § 9. Paragraph (b) of subdivision 9 of section 5-1514 of the general 33 obligations law, as amended by chapter 340 of the laws of 2010, is 34 amended to read as follows: 35 (b) Be signed and dated by a principal with capacity, with the signa- 36 ture of the principal duly acknowledged in the manner prescribed for the 37 acknowledgment of a conveyance of real property, and witnessed by two 38 persons who are not named in the instrument as permissible recipients of 39 gifts, in the manner described in subparagraph two of paragraph (a) or 40 paragraph (c) of section 3-2.1 of the estates, powers and trusts law. 41 The person who takes the acknowledgment, under this paragraph, may also 42 serve as one of the witnesses. 43 § 10. This act shall take effect on the thirtieth day after it shall 44 have become a law.