NY State Senate Bill 2019-S5729

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
May 13, 2019	referred to judiciary

2019-S5729 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Amd §5-1501B, Gen Ob L; amd §307, St Tech L
Versions Introduced in 2021-2022 Legislative Session:: S4697

2019-S5729 (ACTIVE) - Summary

Relates to electronic signatures and salvage title.

2019-S5729 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5729

SPONSOR: BRESLIN
 
TITLE OF BILL:  An act to amend the general obligations law and the
state technology law, in relation to electronic signatures and salvage
title

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amends the general obligations law and the state technology
law to allow the use of an authenticated electronic signature in
connection with a power of attorney used specifically for salvage vehi-
cle title transfer documents.

 
SUMMARY OF PROVISIONS:

Section 1: amends section 5-1501-B of the general obligations law by
adding a new subdivision 5 to allow the execution of a valid power of
attorney for the purposes of transferring a salvage certificate of title
and damage disclosure statement by electronic means.

Section 2: amends subdivision 1 of section 307 of the state technology
law to allow the electronic execution of a power of attorney specif-
ically for the transfer of a salvage certificate of title and execution
of an odometer and disclosure statement in a vehicle total loss or
constructive loss.

Section 3: provides an immediate effective date.

 
JUSTIFICATION:

Vehicles covered by insurance are sometimes damaged to the point of
being declared a total loss as occurs when an insured is involved in a
devastating accident or in situations where weather-related storms
strike New York. In those instances, the customer and insurer agree on a
settlement value for the damaged vehicle and the insurer, pending
receipt of title, delivers payment to the customer for the value of
their vehicle. Unfortunately, given the current statutory constraints in
New York under the General Obligations law, it takes on average 9-11
days for the customer to receive their settlement payment. The delay in
payments and hardship on the insureds and their family was glaring when
Hurricanes Sandy and Irene hit New York. If this bill were enacted into
law, the use of an authenticated electronic signature for a power of
attorney and odometer damage and disclosure statement would be permit-
ted, and the average time for a customer to receive payment would be
greatly reduced, in most cases between 24 to 48 hours.

There are 17 other states that use this or some other form of authenti-
cated electronic signatures to expedite payments to customers when a
vehicle is declared a total loss.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5729 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5729
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2019
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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:
 
   Section 1. Section 5-1501B of the general obligations law  is  amended
 by adding a new subdivision 5 to read as follows:
   5. NOTHING IN THIS TITLE SHALL PROHIBIT THE EXECUTION OF A VALID POWER
 OF  ATTORNEY  FOR  THE  PURPOSE OF TRANSFERRING A SALVAGE CERTIFICATE OF
 TITLE AND THE EXECUTION OF AN ODOMETER AND DAMAGE  DISCLOSURE  STATEMENT
 IN  CONNECTION  WITH  SUCH TITLE BY ELECTRONIC MEANS PURSUANT TO ARTICLE
 THREE OF THE STATE TECHNOLOGY LAW.
   § 2. Subdivision 1 of section 307 of  the  state  technology  law,  as
 amended  by  chapter  158  of  the  laws  of 2012, is amended to read as
 follows:
   1. To any document providing for the disposition  of  an  individual's
 person or property upon death or incompetence, or appointing a fiduciary
 of  an  individual's  person or property, including, without limitation,
 wills, trusts, decisions consenting to orders not to resuscitate, powers
 of attorney and health care proxies, with the exception of: (a) contrac-
 tual beneficiary designations; [and] (b)  the  registration  of  making,
 amending,  or  revoking  an  anatomical  gift  under section forty-three
 hundred ten of the public  health  law;  AND  (C)  WHENEVER  A  LOSS  IN
 CONNECTION WITH A PRIVATE AUTOMOBILE IS DETERMINED BY AN INSURER TO BE A
 TOTAL  LOSS OR CONSTRUCTIVE TOTAL LOSS UNDER SECTION THIRTY-FOUR HUNDRED
 TWELVE OF THE INSURANCE LAW, FOR THE PURPOSE OF TRANSFERRING  A  SALVAGE
 CERTIFICATE  OF  TITLE  AND  THE EXECUTION OF AN ODOMETER AND DISCLOSURE
 STATEMENT IN CONNECTION WITH SUCH TITLE, THE ELECTRONIC EXECUTION  OF  A
 POWER  OF  ATTORNEY  SHALL  BE  PERMISSIBLE  PROVIDED  THAT SIGNATURE IS
 AUTHENTICATED.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11522-01-9

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Senate Bill S5729

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2019-S5729 (ACTIVE) - Details

2019-S5729 (ACTIVE) - Summary

2019-S5729 (ACTIVE) - Sponsor Memo

2019-S5729 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5729

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Sponsored By

Neil D. Breslin

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2019-S5729 (ACTIVE) - Details

2019-S5729 (ACTIVE) - Summary

2019-S5729 (ACTIVE) - Sponsor Memo

2019-S5729 (ACTIVE) - Bill Text download pdf

Comments