S T A T E O F N E W Y O R K
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10569
I N A S S E M B L Y
June 3, 2020
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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:
Section 1. Section 11 of the banking law is amended by adding a new
subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY INSTRU-
MENT WHICH IS SIGNED AND DELIVERED TO THE SUPERINTENDENT PURSUANT TO ANY
PROVISION OF THIS CHAPTER, AND IS REQUIRED TO BE VERIFIED OR ACKNOWL-
EDGED PURSUANT TO THE PROVISIONS OF THIS CHAPTER, MAY BE VERIFIED OR
ACKNOWLEDGED BY INCLUDING THE STANDARD VERIFICATION OR ACKNOWLEDGMENT
LANGUAGE IN SUCH INSTRUMENT AND TRANSMITTING A LEGIBLE COPY OF THE
SIGNED INSTRUMENT BY FAX OR ELECTRONIC MEANS. THE SUPERINTENDENT SHALL
PROMULGATE ALL RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF
THE PROVISIONS OF THIS SUBDIVISION.
§ 2. Section 171 of the tax law is amended by adding a new subdivision
twenty-ninth to read as follows:
TWENTY-NINTH. HAVE THE AUTHORITY TO ACCEPT DIGITAL SIGNATURES IN LIEU
OF HANDWRITTEN SIGNATURES ON DOCUMENTS RELATED TO THE DETERMINATION OR
COLLECTION OF TAX LIABILITY. THE COMMISSIONER SHALL PROMULGATE RULES AND
REGULATIONS REGARDING WHICH DOCUMENTS SHALL BE ACCEPTED WITH DIGITAL
SIGNATURES AND THE REQUIREMENTS FOR SUCH DIGITAL SIGNATURES.
§ 3. The executive law is amended by adding a new section 137-a to
read as follows:
§ 137-A. NOTARY SERVICES PROVIDED UTILIZING AUDIO-VIDEO TECHNOLOGY. 1.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A NOTARY PUBLIC
MAY EXERCISE HIS OR HER POWERS UTILIZING AUDIO-VIDEO TECHNOLOGY IF THE
FOLLOWING CONDITIONS ARE MET:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16300-04-0
A. 10569 2
(A) THE PERSON SEEKING THE NOTARY SERVICES, IF NOT PERSONALLY KNOWN TO
THE NOTARY PUBLIC, SHALL PRESENT VALID PHOTO IDENTIFICATION TO THE NOTA-
RY PUBLIC DURING THE AUDIO-VIDEO CONFERENCE.
(B) THE AUDIO-VIDEO CONFERENCE SHALL ALLOW FOR DIRECT INTERACTION
BETWEEN THE PERSON RECEIVING NOTARY SERVICES AND THE NOTARY PUBLIC.
(C) THE PERSON RECEIVING NOTARY SERVICES SHALL AFFIRMATIVELY REPRESENT
THAT HE OR SHE IS PHYSICALLY SITUATED IN THE STATE.
(D) THE PERSON RECEIVING NOTARY SERIES SHALL TRANSMIT BY FAX OR ELEC-
TRONIC MEANS A LEGIBLE COPY OF THE DOCUMENT SIGNED DURING THE AUDIO-VI-
DEO CONFERENCE DIRECTLY TO THE NOTARY PUBLIC WITHIN TWENTY-FOUR HOURS OF
SUCH AUDIO-VIDEO CONFERENCE.
(E) THE NOTARY PUBLIC SHALL NOTARIZE THE TRANSMITTED COPY OF THE DOCU-
MENT SIGNED DURING THE AUDIO-VIDEO CONFERENCE AND TRANSMIT THE SAME BACK
TO THE PERSON RECEIVING NOTARY SERVICES.
2. A NOTARY PUBLIC MAY REPEAT THE NOTARIZATION OF THE ORIGINAL SIGNED
DOCUMENT AS OF THE DATE OF EXECUTION PROVIDED THAT THE NOTARY PUBLIC
RECEIVES SUCH ORIGINAL SIGNED DOCUMENT TOGETHER WITH THE ELECTRONICALLY
NOTARIZED COPY, NOTARIZED PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE
OF THIS SECTION, WITHIN THIRTY DAYS AFTER THE DATE OF EXECUTION.
§ 4. Section 3-2.1 of the estates, powers and trusts law is amended by
adding a new paragraph (c) to read as follows:
(C) (1) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,
THE ATTESTATION OF WILLS MAY BE MADE UTILIZING AUDIO-VIDEO TECHNOLOGY IF
THE FOLLOWING CONDITIONS ARE MET:
(A) THE TESTATOR, IF NOT PERSONALLY KNOWN TO THE ATTESTING WITNESS,
SHALL PRESENT VALID PHOTO IDENTIFICATION TO THE ATTESTING WITNESS DURING
THE AUDIO-VIDEO CONFERENCE.
(B) THE AUDIO-VIDEO CONFERENCE SHALL ALLOW FOR DIRECT INTERACTION
BETWEEN THE TESTATOR AND THE ATTESTING WITNESS.
(C) THE ATTESTING WITNESS SHALL RECEIVE A LEGIBLE COPY OF THE SIGNA-
TURE PAGE, OR PAGES, WHICH SHALL BE TRANSMITTED VIA FAX OR ELECTRONIC
MEANS, WITHIN TWENTY-FOUR HOURS OF SUCH PAGES BEING SIGNED BY THE TESTA-
TOR DURING THE AUDIO-VIDEO CONFERENCE.
(D) THE ATTESTING WITNESS SHALL SIGN THE TRANSMITTED COPY OF THE
SIGNATURE PAGE, OR PAGES, AND TRANSMIT THE SAME BACK TO THE TESTATOR.
(2) AN ATTESTING WITNESS MAY REPEAT THE ATTESTATION OF THE ORIGINAL
SIGNATURE PAGE, OR PAGES, AS OF THE DATE OF EXECUTION PROVIDED THAT THE
ATTESTING WITNESS RECEIVES SUCH ORIGINAL SIGNATURE PAGE, OR PAGES,
TOGETHER WITH THE ELECTRONICALLY ATTESTED COPY, ATTESTED TO PURSUANT TO
THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH, WITHIN THIRTY DAYS
AFTER THE DATE OF EXECUTION.
§ 5. Section 7-1.17 of the estates, powers and trusts law is amended
by adding a new paragraph (c) to read as follows:
(C) (1) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,
WITNESSING PURSUANT TO THIS SECTION MAY BE MADE UTILIZING AUDIO-VIDEO
TECHNOLOGY IF THE FOLLOWING CONDITIONS ARE MET:
(A) THE PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED, IF
NOT PERSONALLY KNOWN TO THE WITNESSES, SHALL PRESENT VALID PHOTO IDEN-
TIFICATION TO THE WITNESSES DURING THE AUDIO-VIDEO CONFERENCE.
(B) THE AUDIO-VIDEO CONFERENCE SHALL ALLOW FOR DIRECT INTERACTION
BETWEEN THE PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED AND
THE WITNESSES.
(C) THE WITNESSES SHALL RECEIVE A LEGIBLE COPY OF THE SIGNATURE PAGE,
OR PAGES, WHICH SHALL BE TRANSMITTED VIA FAX OR ELECTRONIC MEANS, WITHIN
TWENTY-FOUR HOURS OF SUCH PAGES BEING SIGNED BY THE PERSON REQUESTING
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THAT HIS OR HER SIGNATURE BE WITNESSED DURING THE AUDIO-VIDEO CONFER-
ENCE.
(D) THE WITNESSES SHALL SIGN THE TRANSMITTED COPY OF THE SIGNATURE
PAGE, OR PAGES, AND TRANSMIT THE SAME BACK TO THE PERSON REQUESTING THAT
HIS OR HER SIGNATURE BE WITNESSED.
(2) A WITNESS MAY REPEAT THE WITNESSING OF THE ORIGINAL SIGNATURE
PAGE, OR PAGES, AS OF THE DATE OF EXECUTION PROVIDED THAT THE WITNESS
RECEIVES SUCH ORIGINAL SIGNATURE PAGE, OR PAGES, TOGETHER WITH THE ELEC-
TRONICALLY WITNESSED COPY, WITNESSED PURSUANT TO THE PROVISIONS OF
SUBPARAGRAPH ONE OF THIS PARAGRAPH, WITHIN THIRTY DAYS AFTER THE DATE OF
EXECUTION.
§ 6. Section 2981 of the public health law is amended by adding a new
subdivision 2-a to read as follows:
2-A. ALTERNATE PROCEDURE FOR WITNESSING OF HEALTH CARE PROXIES. (A)
NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, WITNESS-
ING PURSUANT TO THIS SECTION MAY BE MADE UTILIZING AUDIO-VIDEO TECHNOLO-
GY IF THE FOLLOWING CONDITIONS ARE MET:
(I) THE PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED, IF
NOT PERSONALLY KNOWN TO THE WITNESSES, SHALL PRESENT VALID PHOTO IDEN-
TIFICATION TO THE WITNESSES DURING THE AUDIO-VIDEO CONFERENCE.
(II) THE AUDIO-VIDEO CONFERENCE SHALL ALLOW FOR DIRECT INTERACTION
BETWEEN THE PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED AND
THE WITNESSES.
(III) THE WITNESSES SHALL RECEIVE A LEGIBLE COPY OF THE SIGNATURE
PAGE, OR PAGES, WHICH SHALL BE TRANSMITTED VIA FAX OR ELECTRONIC MEANS,
WITHIN TWENTY-FOUR HOURS OF SUCH PAGES BEING SIGNED BY THE PERSON
REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED DURING THE AUDIO-VIDEO
CONFERENCE.
(IV) THE WITNESSES SHALL SIGN THE TRANSMITTED COPY OF THE SIGNATURE
PAGE, OR PAGES, AND TRANSMIT THE SAME BACK TO THE PERSON REQUESTING THAT
HIS OR HER SIGNATURE BE WITNESSED.
(B) A WITNESS MAY REPEAT THE WITNESSING OF THE ORIGINAL SIGNATURE
PAGE, OR PAGES, AS OF THE DATE OF EXECUTION PROVIDED THAT THE WITNESS
RECEIVES SUCH ORIGINAL SIGNATURE PAGE, OR PAGES, TOGETHER WITH THE ELEC-
TRONICALLY WITNESSED COPY, WITNESSED PURSUANT TO THE PROVISIONS OF PARA-
GRAPH (A) OF THIS SUBDIVISION, WITHIN THIRTY DAYS AFTER THE DATE OF
EXECUTION.
§ 7. Section 4201 of the public health law is amended by adding a new
subdivision 3-a to read as follows:
3-A. (A) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRA-
RY, WITNESSING PURSUANT TO THIS SECTION MAY BE MADE UTILIZING AUDIO-VI-
DEO TECHNOLOGY IF THE FOLLOWING CONDITIONS ARE MET:
(I) THE PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED, IF
NOT PERSONALLY KNOWN TO THE WITNESSES, SHALL PRESENT VALID PHOTO IDEN-
TIFICATION TO THE WITNESSES DURING THE AUDIO-VIDEO CONFERENCE.
(II) THE AUDIO-VIDEO CONFERENCE SHALL ALLOW FOR DIRECT INTERACTION
BETWEEN THE PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED AND
THE WITNESSES.
(III) THE WITNESSES SHALL RECEIVE A LEGIBLE COPY OF THE SIGNATURE
PAGE, OR PAGES, WHICH SHALL BE TRANSMITTED VIA FAX OR ELECTRONIC MEANS,
WITHIN TWENTY-FOUR HOURS OF SUCH PAGES BEING SIGNED BY THE PERSON
REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED DURING THE AUDIO-VIDEO
CONFERENCE.
(IV) THE WITNESSES SHALL SIGN THE TRANSMITTED COPY OF THE SIGNATURE
PAGE, OR PAGES, AND TRANSMIT THE SAME BACK TO THE PERSON REQUESTING THAT
HIS OR HER SIGNATURE BE WITNESSED.
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(B) A WITNESS MAY REPEAT THE WITNESSING OF THE ORIGINAL SIGNATURE
PAGE, OR PAGES, AS OF THE DATE OF EXECUTION PROVIDED THAT THE WITNESS
RECEIVES SUCH ORIGINAL SIGNATURE PAGE, OR PAGES, TOGETHER WITH THE ELEC-
TRONICALLY WITNESSED COPY, WITNESSED PURSUANT TO THE PROVISIONS OF PARA-
GRAPH (A) OF THIS SUBDIVISION, WITHIN THIRTY DAYS AFTER THE DATE OF
EXECUTION.
§ 8. The real property law is amended by adding a new section 304-a to
read as follows:
§ 304-A. WITNESSING UTILIZING AUDIO-VIDEO TECHNOLOGY. 1. NOTWITH-
STANDING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, WITNESSING
PURSUANT TO THIS SECTION MAY BE MADE UTILIZING AUDIO-VIDEO TECHNOLOGY IF
THE FOLLOWING CONDITIONS ARE MET:
(A) THE PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED, IF
NOT PERSONALLY KNOWN TO THE WITNESS, SHALL PRESENT VALID PHOTO IDENTIFI-
CATION TO THE WITNESS DURING THE AUDIO-VIDEO CONFERENCE.
(B) THE AUDIO-VIDEO CONFERENCE SHALL ALLOW FOR DIRECT INTERACTION
BETWEEN THE PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED AND
THE WITNESS.
(C) THE WITNESSES SHALL RECEIVE A LEGIBLE COPY OF THE SIGNATURE PAGE,
OR PAGES, WHICH SHALL BE TRANSMITTED VIA FAX OR ELECTRONIC MEANS, WITHIN
TWENTY-FOUR HOURS OF SUCH PAGES BEING SIGNED BY THE PERSON REQUESTING
THAT HIS OR HER SIGNATURE BE WITNESSED DURING THE AUDIO-VIDEO CONFER-
ENCE.
(D) THE WITNESS SHALL SIGN THE TRANSMITTED COPY OF THE SIGNATURE PAGE,
OR PAGES, AND TRANSMIT THE SAME BACK TO THE PERSON REQUESTING THAT HIS
OR HER SIGNATURE BE WITNESSED.
2. A WITNESS MAY REPEAT THE WITNESSING OF THE ORIGINAL SIGNATURE PAGE,
OR PAGES, AS OF THE DATE OF EXECUTION PROVIDED THAT THE WITNESS RECEIVES
SUCH ORIGINAL SIGNATURE PAGE, OR PAGES, TOGETHER WITH THE ELECTRONICALLY
WITNESSED COPY, WITNESSED PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE
OF THIS SECTION, WITHIN THIRTY DAYS AFTER THE DATE OF EXECUTION.
§ 9. Paragraph (b) of subdivision 9 of section 5-1514 of the general
obligations law, as amended by chapter 340 of the laws of 2010, is
amended to read as follows:
(b) Be signed and dated by a principal with capacity, with the signa-
ture of the principal duly acknowledged in the manner prescribed for the
acknowledgment of a conveyance of real property, and witnessed by two
persons who are not named in the instrument as permissible recipients of
gifts, in the manner described in subparagraph two of paragraph (a) OR
PARAGRAPH (C) of section 3-2.1 of the estates, powers and trusts law.
The person who takes the acknowledgment, under this paragraph, may also
serve as one of the witnesses.
§ 10. This act shall take effect on the thirtieth day after it shall
have become a law.