Bill Text: NY S03542 | 2023-2024 | General Assembly | Amended

New York Senate Bill 3542

Bill Title: Permits the electronic execution of a power of attorney for the purpose of transferring a salvage certificate of title and the execution of an odometer and disclosure statement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-05-31 - SUBSTITUTED BY A1753A [S03542 Detail]

Download: New_York-2023-S03542-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         3542--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the general obligations law and the state technology
          law, in relation to electronic signatures and salvage title

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 5-1501B of the general obligations law is amended
     2  by adding a new subdivision 6 to read as follows:
     3    6. Nothing in this title shall prohibit the execution of a valid power
     4  of attorney for the purpose of transferring  a  salvage  certificate  of
     5  title  and  the execution of an odometer and damage disclosure statement
     6  in connection with such title by electronic means  pursuant  to  article
     7  three of the state technology law.
     8    §  2.  Subdivision  1  of  section 307 of the state technology law, as
     9  amended by chapter 222 of the laws  of  2021,  is  amended  to  read  as
    10  follows:
    11    1.  To  any  document providing for the disposition of an individual's
    12  person or property upon death or incompetence, or appointing a fiduciary
    13  of an individual's person or property,  including,  without  limitation,
    14  wills, trusts, decisions consenting to orders not to resuscitate, powers
    15  of attorney and health care proxies, with the exception of: (a) contrac-
    16  tual beneficiary designations; (b) the registration of making, amending,
    17  or  revoking an anatomical gift under section forty-three hundred ten of
    18  the public health law; [and] (c)  documents  and  forms  authorizing  or
    19  accepting  funeral,  cemetery  and  cremation  services[.];  and (d) the
    20  execution of a valid power of attorney for the purpose  of  transferring
    21  a    salvage   certificate of title and the execution of an odometer and
    22  damage disclosure statement in connection with  such  title  whenever  a
    23  loss in connection with a private automobile is determined by an insurer

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06816-02-3

        S. 3542--A                          2

     1  to  be a total loss or constructive total loss under section three thou-
     2  sand four hundred twelve of the insurance law.
     3    § 3. This act shall take effect immediately.