NY State Senate Bill 2021-S558A

Archive: Last Bill Status - In Senate Committee Banks 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 05, 2021	print number 558a
Feb 05, 2021	amend and recommit to banks
Jan 06, 2021	referred to banks

Bill Amendments

Original

A (Active)

2021-S558 - Details

See Assembly Version of this Bill:: A6063
Current Committee:: Senate Banks
Law Section:: Banking Law
Laws Affected:: Amd §11, Bank L; amd §171, Tax L; add §137-a, Exec L; amd §§3-2.1 & 7-1.17, EPT L; amd §4201, Pub Health L; add §304-a, RP L; amd §5-1514, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8317
2023-2024: S6967, A1896

2021-S558 - Summary

Provides for the remote conduct of certain practices and procedures including meetings and notarizations utilizing electronic and/or audio-visual technologies.

2021-S558 - Sponsor Memo

                                
 
BILL NUMBER: S558

SPONSOR: BENJAMIN
 
TITLE OF BILL:

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 property
law and the general obligations law, in relation to providing for the
remote conduct of certain practices and procedures

 
PURPOSE:

To modernize various provisions in state law relating to remote meet-
ings, remote notarization and other processes. Codifies Executive Orders
of 2020: EO 202.5, EO 202.7, EO 202.8, EO 202.13, EO 202.14, EO 202.15,
and EO 202.18.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 11 of the banking law by adding a new subdivi-
sion 5 allowing for fax or other electronic copies.

§ 2 adds new subdivision twenty-ninth to allow for digital signature in
lieu of handwritten signatures on documents related to tax liability.

§ 3 amends the executive law by adding a new section 137-a to allow for
electronic notary services.

§ 4 amends the estates, powers, and trusts law section 3-2.1 adding a
new paragraph c to allow for electronic attestations of wills

§ 5 amends the estates, powers, and trusts law for electronic signatures
and witnessing thereof

§ 6 amends the public health law section 2981 for electronic witnessing
of health care proxies.

§ 7 amends the public health law section 4201 to accommodate electronic
assignment of responsibility for the disposal of human remains.

§ 8 amends the real property law by adding new section 304-a to allow
for witnessing of signatures via audio-video technology.

§ 9 amends the general obligations law to recognize changes in § 4 of
this bill. § 15 sets the effective date.

 
EXISTING LAW:

Current law requires physical presence for a number of routine business
procedures.

 
JUSTIFICATION:

The public health emergency arising from COVID-19 has revealed a number
of small chokepoints in business practices that can be cleared by adopt-
ing more modern technology. The executive has issued a number of execu-
tive orders under the emergency to remove such barriers. This legis-
lation codifies such changes.

 
LEGISLATIVE HISTORY:

58317/A10569

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Thirty days after passage.

2021-S558 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    558
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Banks
 
 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  ELECTRONIC  SIGNATURES  IN
 LIEU OF HANDWRITTEN SIGNATURES ON DOCUMENTS RELATED TO THE DETERMINATION
 OR  COLLECTION  OF  TAX LIABILITY. THE COMMISSIONER MAY PROMULGATE RULES
 AND REGULATIONS REGARDING WHICH DOCUMENTS SHALL BE ACCEPTED  WITH  ELEC-
 TRONIC SIGNATURES AND THE REQUIREMENTS FOR SUCH ELECTRONIC SIGNATURES.
   §  3.  The  executive  law is amended by adding a new section 137-a to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04966-02-1

 S. 558                              2
 
   § 137-A. NOTARY SERVICES PROVIDED UTILIZING COMMUNICATION  TECHNOLOGY.
 1.    FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "COMMUNICATION  TECHNOLOGY" MEANS AN ELECTRONIC DEVICE OR PROCESS
 THAT: (1) ALLOWS A NOTARY PUBLIC AND A REMOTELY  LOCATED  INDIVIDUAL  TO
 COMMUNICATE  WITH  EACH OTHER SIMULTANEOUSLY BY SIGHT AND SOUND; AND (2)
 WHEN NECESSARY AND CONSISTENT WITH  OTHER  APPLICABLE  LAW,  FACILITATES
 COMMUNICATION WITH A REMOTELY LOCATED INDIVIDUAL WHO HAS A VISION, HEAR-
 ING, OR SPEECH IMPAIRMENT.
   (B)  "IDENTITY  PROOFING"  MEANS A PROCESS OR SERVICE BY WHICH A THIRD
 PERSON PROVIDES A NOTARY PUBLIC WITH A MEANS TO VERIFY THE IDENTITY OF A
 REMOTELY LOCATED INDIVIDUAL BY A REVIEW  OF  PERSONAL  INFORMATION  FROM
 PUBLIC AND PRIVATE DATA SOURCES.
   (C) "OUTSIDE THE UNITED STATES" MEANS A LOCATION OUTSIDE THE GEOGRAPH-
 IC  BOUNDARIES  OF  THE  UNITED  STATES,  PUERTO RICO, THE UNITED STATES
 VIRGIN ISLANDS, AND ANY TERRITORY, INSULAR POSSESSION, OR OTHER LOCATION
 SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
   (D) "REMOTELY LOCATED INDIVIDUAL" MEANS AN INDIVIDUAL WHO  IS  NOT  IN
 THE PHYSICAL PRESENCE OF THE NOTARY PUBLIC WHO PERFORMS A NOTARIAL ACT.
   2.  A  REMOTELY LOCATED INDIVIDUAL MAY USE COMMUNICATION TECHNOLOGY TO
 APPEAR BEFORE A NOTARY PUBLIC.
   3. A NOTARY PUBLIC LOCATED IN THIS STATE MAY PERFORM  A  NOTARIAL  ACT
 USING COMMUNICATION TECHNOLOGY FOR A REMOTELY LOCATED INDIVIDUAL IF:
   (A) THE NOTARY PUBLIC:
   (1)  HAS  PERSONAL  KNOWLEDGE  OF THE IDENTITY OF THE REMOTELY LOCATED
 INDIVIDUAL; OR
   (2) HAS OBTAINED SATISFACTORY EVIDENCE OF THE IDENTITY OF  A  REMOTELY
 LOCATED INDIVIDUAL USING AT LEAST TWO DIFFERENT TYPES OF IDENTITY PROOF-
 ING;
   (B)  THE  NOTARY  PUBLIC  IS ABLE TO CLEARLY AND CONSPICUOUSLY CONFIRM
 THAT A RECORD BEFORE THE NOTARY PUBLIC IS THE SAME RECORD IN  WHICH  THE
 REMOTELY LOCATED INDIVIDUAL MADE A STATEMENT OR ON WHICH SUCH INDIVIDUAL
 EXECUTED A SIGNATURE;
   (C)  THE  NOTARY  PUBLIC,  OR  PERSON  ACTING  ON BEHALF OF THE NOTARY
 PUBLIC, CREATES AN AUDIO-VISUAL RECORDING  OF  THE  PERFORMANCE  OF  THE
 NOTARIAL  ACT,  AND  SUCH  AUDIO-VISUAL  RECORDING SHALL BE RECORDED AND
 ELECTRONICALLY STORED SECURELY FOR SEVEN YEARS;
   (D) FOR A REMOTELY  LOCATED  INDIVIDUAL  LOCATED  OUTSIDE  THE  UNITED
 STATES:
   (1) THE RECORD:
   (I)  IS  TO BE FILED WITH OR RELATES TO A MATTER BEFORE A PUBLIC OFFI-
 CIAL OR COURT, GOVERNMENTAL ENTITY,  OR  OTHER  ENTITY  SUBJECT  TO  THE
 JURISDICTION OF THE UNITED STATES; OR
   (II)  INVOLVES PROPERTY LOCATED IN THE TERRITORIAL JURISDICTION OF THE
 UNITED STATES OR INVOLVES A TRANSACTION SUBSTANTIALLY CONNECTED WITH THE
 UNITED STATES; AND
   (2) THE ACT OF MAKING THE STATEMENT  OR  SIGNING  THE  RECORD  IS  NOT
 PROHIBITED BY THE FOREIGN STATE IN WHICH THE REMOTELY LOCATED INDIVIDUAL
 IS LOCATED; AND
   (E)  THE  NOTARIAL  CERTIFICATE  INCLUDES A STATEMENT SUBSTANTIALLY AS
 FOLLOWS: "THIS NOTARIAL ACT INVOLVED THE USE OF COMMUNICATION  TECHNOLO-
 GY."
   4. THE SECRETARY OF STATE MAY ADOPT RULES UNDER THIS SECTION REGARDING
 PERFORMANCE OF A NOTARIAL ACT. THE RULES MAY:
   (A)  PRESCRIBE  THE  MEANS  OF  PERFORMING  A NOTARIAL ACT INVOLVING A
 REMOTELY LOCATED INDIVIDUAL USING COMMUNICATION TECHNOLOGY;

 S. 558                              3
 
   (B) ESTABLISH STANDARDS  FOR  COMMUNICATION  TECHNOLOGY  AND  IDENTITY
 PROOFING;
   (C)  ESTABLISH  REQUIREMENTS  OR  PROCEDURES  TO  APPROVE PROVIDERS OF
 COMMUNICATION TECHNOLOGY AND THE PROCESS OF IDENTITY PROOFING; AND
   (D) ESTABLISH STANDARDS AND A PERIOD FOR THE RETENTION OF AN AUDIO-VI-
 SUAL RECORDING CREATED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION THREE OF
 THIS SECTION.
   5. BEFORE ADOPTING, AMENDING, OR REPEALING ANY RULE GOVERNING PERFORM-
 ANCE OF A NOTARIAL ACT WITH RESPECT TO A  REMOTELY  LOCATED  INDIVIDUAL,
 THE SECRETARY OF STATE SHALL CONSIDER:
   (A)  THE MOST RECENT STANDARDS REGARDING THE PERFORMANCE OF A NOTARIAL
 ACT WITH  RESPECT  TO  A  REMOTELY  LOCATED  INDIVIDUAL  PROMULGATED  BY
 NATIONAL  STANDARD-SETTING  ORGANIZATIONS AND THE RECOMMENDATIONS OF THE
 NATIONAL ASSOCIATION OF SECRETARIES OF STATE;
   (B) STANDARDS, PRACTICES, AND CUSTOMS OF OTHER JURISDICTIONS THAT HAVE
 LAWS SUBSTANTIALLY SIMILAR TO THIS SECTION; AND
   (C) THE VIEWS OF GOVERNMENTAL OFFICIALS AND ENTITIES AND OTHER  INTER-
 ESTED PERSONS.
   § 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
 THAT  HIS  OR  HER SIGNATURE BE WITNESSED DURING THE AUDIO-VIDEO CONFER-
 ENCE.

 S. 558                              4

   (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.
   (B)  A  WITNESS  MAY  REPEAT  THE WITNESSING OF THE ORIGINAL SIGNATURE
 PAGE, OR PAGES, AS OF THE DATE OF EXECUTION PROVIDED  THAT  THE  WITNESS

 S. 558                              5
 
 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; provided that the amendments to section 5-1514 of the
 general obligations law made by section  nine  of  this  act  shall  not
 affect  the  repeal  of such section and shall be deemed repealed there-
 with.

2021-S558A (ACTIVE) - Details

See Assembly Version of this Bill:: A6063
Current Committee:: Senate Banks
Law Section:: Banking Law
Laws Affected:: Amd §11, Bank L; amd §171, Tax L; add §137-a, Exec L; amd §§3-2.1 & 7-1.17, EPT L; amd §4201, Pub Health L; add §304-a, RP L; amd §5-1514, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8317
2023-2024: S6967, A1896

2021-S558A (ACTIVE) - Summary

Provides for the remote conduct of certain practices and procedures including meetings and notarizations utilizing electronic and/or audio-visual technologies.

2021-S558A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S558A

SPONSOR: BENJAMIN
 
TITLE OF BILL:

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 property
law and the general obligations law, in relation to providing for the
remote conduct of certain practices and procedures

 
PURPOSE:

To modernize various provisions in state law relating to remote meet-
ings, remote notarization and other processes. Codifies Executive Orders
of 2020: EO 202.5, EO 202.7, EO 202.8, EO 202.13, EO 202.14, EO 202.15,
and EO 202.18.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 11 of the banking law by adding a new subdivi-
sion 5 allowing for fax or other electronic copies.

§ 2 adds new subdivision twenty-ninth to allow for digital signature in
lieu of handwritten signatures on documents related to tax liability.

§ 3 amends the executive law by adding a new section 137-a to allow for
electronic notary services.

§ 4 amends the estates, powers, and trusts law section 3-2.1 adding a
new paragraph c to allow for electronic attestations of wills

§ 5 amends the estates, powers, and trusts law for electronic signatures
and witnessing thereof

§ 6 amends the public health law section 4201 to accommodate electronic
assignment of responsibility for the disposal of human remains.

§ 7 amends the real property law by adding new section 304-a to allow
for witnessing of signatures via audio-video technology.

§ 8 amends the general obligations law to recognize changes in § 4 of
this bill.

§ 9 sets the effective date.

 
EXISTING LAW:

Current law requires physical presence for a number of routine business
procedures.

 
JUSTIFICATION:

The public health emergency arising from COVID-19 has revealed a number
of small chokepoints in business practices that can be cleared by adopt-
ing more modern technology. The executive has issued a number of execu-
tive orders under the emergency to remove such barriers. This legis-
lation codifies such changes.

 
LEGISLATIVE HISTORY:
S8317/A10569

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
thirty days after passage.

2021-S558A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  558--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Banks  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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 ELECTRONIC SIGNATURES IN
 LIEU OF HANDWRITTEN SIGNATURES ON DOCUMENTS RELATED TO THE DETERMINATION
 OR COLLECTION OF TAX LIABILITY. THE COMMISSIONER  MAY  PROMULGATE  RULES
 AND  REGULATIONS  REGARDING WHICH DOCUMENTS SHALL BE ACCEPTED WITH ELEC-
 TRONIC SIGNATURES AND THE REQUIREMENTS FOR SUCH ELECTRONIC SIGNATURES.
   § 3. The executive law is amended by adding a  new  section  137-a  to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04966-05-1

 S. 558--A                           2
 
   §  137-A. NOTARY SERVICES PROVIDED UTILIZING COMMUNICATION TECHNOLOGY.
 1.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "COMMUNICATION  TECHNOLOGY" MEANS AN ELECTRONIC DEVICE OR PROCESS
 THAT: (1) ALLOWS A NOTARY PUBLIC AND A REMOTELY  LOCATED  INDIVIDUAL  TO
 COMMUNICATE  WITH  EACH OTHER SIMULTANEOUSLY BY SIGHT AND SOUND; AND (2)
 WHEN NECESSARY AND CONSISTENT WITH  OTHER  APPLICABLE  LAW,  FACILITATES
 COMMUNICATION WITH A REMOTELY LOCATED INDIVIDUAL WHO HAS A VISION, HEAR-
 ING, OR SPEECH IMPAIRMENT.
   (B)  "IDENTITY  PROOFING"  MEANS A PROCESS OR SERVICE BY WHICH A THIRD
 PERSON PROVIDES A NOTARY PUBLIC WITH A MEANS TO VERIFY THE IDENTITY OF A
 REMOTELY LOCATED INDIVIDUAL BY A REVIEW  OF  PERSONAL  INFORMATION  FROM
 PUBLIC AND PRIVATE DATA SOURCES.
   (C) "OUTSIDE THE UNITED STATES" MEANS A LOCATION OUTSIDE THE GEOGRAPH-
 IC  BOUNDARIES  OF  THE  UNITED  STATES,  PUERTO RICO, THE UNITED STATES
 VIRGIN ISLANDS, AND ANY TERRITORY, INSULAR POSSESSION, OR OTHER LOCATION
 SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
   (D) "REMOTELY LOCATED INDIVIDUAL" MEANS AN INDIVIDUAL WHO  IS  NOT  IN
 THE PHYSICAL PRESENCE OF THE NOTARY PUBLIC WHO PERFORMS A NOTARIAL ACT.
   2.  A  REMOTELY LOCATED INDIVIDUAL MAY USE COMMUNICATION TECHNOLOGY TO
 APPEAR BEFORE A NOTARY PUBLIC.
   3. A NOTARY PUBLIC LOCATED IN THIS STATE MAY PERFORM  A  NOTARIAL  ACT
 USING COMMUNICATION TECHNOLOGY FOR A REMOTELY LOCATED INDIVIDUAL IF:
   (A) THE NOTARY PUBLIC:
   (1)  HAS  PERSONAL  KNOWLEDGE  OF THE IDENTITY OF THE REMOTELY LOCATED
 INDIVIDUAL; OR
   (2) HAS OBTAINED SATISFACTORY EVIDENCE OF THE IDENTITY OF  A  REMOTELY
 LOCATED INDIVIDUAL USING AT LEAST TWO DIFFERENT TYPES OF IDENTITY PROOF-
 ING;
   (B)  THE  NOTARY  PUBLIC  IS ABLE TO CLEARLY AND CONSPICUOUSLY CONFIRM
 THAT A RECORD BEFORE THE NOTARY PUBLIC IS THE SAME RECORD IN  WHICH  THE
 REMOTELY LOCATED INDIVIDUAL MADE A STATEMENT OR ON WHICH SUCH INDIVIDUAL
 EXECUTED A SIGNATURE;
   (C)  THE  NOTARY  PUBLIC,  OR  PERSON  ACTING  ON BEHALF OF THE NOTARY
 PUBLIC, CREATES AN AUDIO-VISUAL RECORDING  OF  THE  PERFORMANCE  OF  THE
 NOTARIAL  ACT,  AND  SUCH  AUDIO-VISUAL  RECORDING SHALL BE RECORDED AND
 ELECTRONICALLY STORED SECURELY FOR SEVEN YEARS;
   (D) FOR A REMOTELY  LOCATED  INDIVIDUAL  LOCATED  OUTSIDE  THE  UNITED
 STATES:
   (1) THE RECORD:
   (I)  IS  TO BE FILED WITH OR RELATES TO A MATTER BEFORE A PUBLIC OFFI-
 CIAL OR COURT, GOVERNMENTAL ENTITY,  OR  OTHER  ENTITY  SUBJECT  TO  THE
 JURISDICTION OF THE UNITED STATES; OR
   (II)  INVOLVES PROPERTY LOCATED IN THE TERRITORIAL JURISDICTION OF THE
 UNITED STATES OR INVOLVES A TRANSACTION SUBSTANTIALLY CONNECTED WITH THE
 UNITED STATES; AND
   (2) THE ACT OF MAKING THE STATEMENT  OR  SIGNING  THE  RECORD  IS  NOT
 PROHIBITED BY THE FOREIGN STATE IN WHICH THE REMOTELY LOCATED INDIVIDUAL
 IS LOCATED; AND
   (E)  THE  NOTARIAL  CERTIFICATE  INCLUDES A STATEMENT SUBSTANTIALLY AS
 FOLLOWS: "THIS NOTARIAL ACT INVOLVED THE USE OF COMMUNICATION  TECHNOLO-
 GY."
   4. THE SECRETARY OF STATE MAY ADOPT RULES UNDER THIS SECTION REGARDING
 PERFORMANCE OF A NOTARIAL ACT. THE RULES MAY:
   (A)  PRESCRIBE  THE  MEANS  OF  PERFORMING  A NOTARIAL ACT INVOLVING A
 REMOTELY LOCATED INDIVIDUAL USING COMMUNICATION TECHNOLOGY;

 S. 558--A                           3
 
   (B) ESTABLISH STANDARDS  FOR  COMMUNICATION  TECHNOLOGY  AND  IDENTITY
 PROOFING;
   (C)  ESTABLISH  REQUIREMENTS  OR  PROCEDURES  TO  APPROVE PROVIDERS OF
 COMMUNICATION TECHNOLOGY AND THE PROCESS OF IDENTITY PROOFING;
   (D) ESTABLISH STANDARDS AND A PERIOD FOR THE RETENTION OF AN AUDIO-VI-
 SUAL RECORDING CREATED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION THREE OF
 THIS SECTION; AND
   (E) PRESCRIBE THE FEES A  NOTARY  PUBLIC  SHALL  BE  ENTITLED  TO  FOR
 PERFORMING  A NOTARIAL ACT INVOLVING A REMOTELY LOCATED INDIVIDUAL USING
 COMMUNICATION TECHNOLOGY.
   5. BEFORE ADOPTING, AMENDING, OR REPEALING ANY RULE GOVERNING PERFORM-
 ANCE OF A NOTARIAL ACT WITH RESPECT TO A  REMOTELY  LOCATED  INDIVIDUAL,
 THE SECRETARY OF STATE SHALL CONSIDER:
   (A)  THE MOST RECENT STANDARDS REGARDING THE PERFORMANCE OF A NOTARIAL
 ACT WITH  RESPECT  TO  A  REMOTELY  LOCATED  INDIVIDUAL  PROMULGATED  BY
 NATIONAL  STANDARD-SETTING  ORGANIZATIONS AND THE RECOMMENDATIONS OF THE
 NATIONAL ASSOCIATION OF SECRETARIES OF STATE;
   (B) STANDARDS, PRACTICES, AND CUSTOMS OF OTHER JURISDICTIONS THAT HAVE
 LAWS SUBSTANTIALLY SIMILAR TO THIS SECTION; AND
   (C) THE VIEWS OF GOVERNMENTAL OFFICIALS AND ENTITIES AND OTHER  INTER-
 ESTED PERSONS.
   6.(A)  A  NOTARY  PUBLIC  OR  OTHER INDIVIDUAL AUTHORIZED TO PERFORM A
 NOTARIAL ACT MAY CERTIFY THAT A TANGIBLE COPY OF AN ELECTRONIC RECORD IS
 AN ACCURATE COPY OF THE ELECTRONIC RECORD.
   (B) A COUNTY CLERK OR CITY REGISTRAR WHERE APPLICABLE SHALL ACCEPT FOR
 RECORDING A TANGIBLE COPY OF AN ELECTRONIC RECORD AND THAT IS  OTHERWISE
 ELIGIBLE  TO  BE RECORDED UNDER THE LAWS OF THIS STATE IF THE RECORD HAS
 BEEN CERTIFIED BY A NOTARY PUBLIC  OR  OTHER  INDIVIDUAL  AUTHORIZED  TO
 PERFORM A NOTARIAL ACT UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
   (C)  A CERTIFICATION IN SUBSTANTIALLY THE FOLLOWING FORM IS SUFFICIENT
 FOR THE PURPOSES OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION:
 
 CERTIFICATE OF AUTHENTICITY
 STATE OF NEW YORK (
 )             SS.:
 COUNTY OF ....... )
 
   ON THIS ...... DAY OF ...... IN THE  YEAR  ...,  I  CERTIFY  THAT  THE
 ATTACHED  DOCUMENT (ENTITLED ......) (DATED ......) CONTAINING ... PAGES
 IS A TRUE AND CORRECT COPY OF AN ELECTRONIC DOCUMENT PRINTED  BY  ME  OR
 UNDER  MY  SUPERVISION. I FURTHER CERTIFY THAT, AT THE TIME OF PRINTING,
 NO SECURITY FEATURES PRESENT ON THE ELECTRONIC  DOCUMENT  INDICATED  ANY
 CHANGES OR ERRORS IN AN ELECTRONIC SIGNATURE OR OTHER INFORMATION IN THE
 ELECTRONIC DOCUMENT AFTER ITS CREATION OR EXECUTION.
 
 (SIGNATURE AND TITLE OF NOTARY PUBLIC)
   § 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.

 S. 558--A                           4
 
   (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
 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 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.

 S. 558--A                           5
 
   (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. 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.
   §  8.  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.
   § 9. This act shall take effect on the thirtieth day  after  it  shall
 have become a law; provided that the amendments to section 5-1514 of the
 general  obligations  law  made  by  section eight of this act shall not
 affect the repeal of such section and shall be  deemed  repealed  there-
 with.

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Senate Bill S558A

Sponsored By

Archive: Last Bill Status - In Senate Committee Banks Committee

Bill Amendments

2021-S558 - Details

2021-S558 - Summary

2021-S558 - Sponsor Memo

2021-S558 - Bill Text download pdf

2021-S558A (ACTIVE) - Details

2021-S558A (ACTIVE) - Summary

2021-S558A (ACTIVE) - Sponsor Memo

2021-S558A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S558A

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Sponsored By

Brian Benjamin

Archive: Last Bill Status - In Senate Committee Banks Committee

Bill Amendments

2021-S558 - Details

2021-S558 - Summary

2021-S558 - Sponsor Memo

2021-S558 - Bill Text download pdf

2021-S558A (ACTIVE) - Details

2021-S558A (ACTIVE) - Summary

2021-S558A (ACTIVE) - Sponsor Memo

2021-S558A (ACTIVE) - Bill Text download pdf

Comments