S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6967
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 and the real
   property 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-b  to
 read as follows:
   §  137-B. NOTARY SERVICES PROVIDED UTILIZING COMMUNICATION TECHNOLOGY.
 1.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01184-02-3
              

 S. 6967                             2
 
   (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;
   (B) ESTABLISH STANDARDS  FOR  COMMUNICATION  TECHNOLOGY  AND  IDENTITY
 PROOFING;
 S. 6967                             3

   (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.
   (C) THE ATTESTING WITNESS SHALL RECEIVE A LEGIBLE COPY OF  THE  SIGNA-
 TURE  PAGE,  OR  PAGES, WHICH SHALL BE TRANSMITTED VIA FAX OR ELECTRONIC
 S. 6967                             4
 
 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.
   (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. 6967                             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.
   § 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. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.