S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2574
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2025
                                ___________
 
 Introduced  by M. of A. DINOWITZ, SEAWRIGHT -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the banking 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05942-01-5
 A. 2574                             2
              

 
 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.
   § 3. 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 THEIR SIGNATURE BE  WITNESSED,  IF  NOT
 PERSONALLY KNOWN TO THE WITNESSES, SHALL PRESENT VALID PHOTO IDENTIFICA-
 TION TO THE WITNESSES DURING THE AUDIO-VIDEO CONFERENCE.
   (B)  THE  AUDIO-VIDEO  CONFERENCE  SHALL  ALLOW FOR DIRECT INTERACTION
 BETWEEN THE PERSON REQUESTING THAT THEIR 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 THEIR SIGNATURE BE WITNESSED DURING THE AUDIO-VIDEO CONFERENCE.
   (D)  THE  WITNESSES  SHALL  SIGN THE TRANSMITTED COPY OF THE SIGNATURE
 PAGE, OR PAGES, AND TRANSMIT THE SAME BACK TO THE PERSON REQUESTING THAT
 THEIR 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.
   §  4. 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 THEIR SIGNATURE BE  WITNESSED,  IF  NOT
 PERSONALLY KNOWN TO THE WITNESSES, SHALL PRESENT VALID PHOTO IDENTIFICA-
 TION TO THE WITNESSES DURING THE AUDIO-VIDEO CONFERENCE.
   (II)  THE  AUDIO-VIDEO  CONFERENCE  SHALL ALLOW FOR DIRECT INTERACTION
 BETWEEN THE PERSON REQUESTING THAT THEIR 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 THEIR 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
 THEIR 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-
 A. 2574                             3
 
 TRONICALLY WITNESSED COPY, WITNESSED PURSUANT TO THE PROVISIONS OF PARA-
 GRAPH (A) OF THIS SUBDIVISION, WITHIN THIRTY  DAYS  AFTER  THE  DATE  OF
 EXECUTION.
   § 5. 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 THEIR SIGNATURE BE WITNESSED, IF NOT
 PERSONALLY KNOWN TO THE WITNESS, SHALL PRESENT VALID  PHOTO  IDENTIFICA-
 TION TO THE WITNESS DURING THE AUDIO-VIDEO CONFERENCE.
   (B)  THE  AUDIO-VIDEO  CONFERENCE  SHALL  ALLOW FOR DIRECT INTERACTION
 BETWEEN THE PERSON REQUESTING THAT THEIR 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 THEIR SIGNATURE BE WITNESSED DURING THE AUDIO-VIDEO CONFERENCE.
   (D) THE WITNESS SHALL SIGN THE TRANSMITTED COPY OF THE SIGNATURE PAGE,
 OR PAGES, AND TRANSMIT THE SAME BACK TO THE PERSON REQUESTING THAT THEIR
 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.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.