NY State Senate Bill 2025-S7572

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 22, 2025	referred to banks

2025-S7572 (ACTIVE) - Details

See Assembly Version of this Bill:: A2574
Current Committee:: Senate Banks
Law Section:: Banking Law
Laws Affected:: Amd §11, Bank L; amd §§3-2.1 & 7-1.17, EPT L; amd §4201, Pub Health L; add §304-a, RP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8317
2021-2022: S558, S8071, A6063
2023-2024: S6967, A1896

2025-S7572 (ACTIVE) - Summary

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

2025-S7572 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7572

SPONSOR: CLEARE
 
TITLE OF BILL:

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

 
PURPOSE:

To modernize various provisions in state law relating to remote prac-
tices and procedures. Codifies Executive Orders of 2020: 80 202.5, EC
202.7, E0 202.8, BO 202.13, BO 202.14, EC 202.15, and EC 202.18.

 
SUMMARY OF PROVISIONS:

Section one amends section 11 of the banking law by adding a new subdi-
vision 5 allowing for fax or other electronic copies.

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

Section three amends the estates, powers, and trusts law for electronic
signatures and witnessing thereof.

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

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

Section six sets the effective date.

 
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.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: Referred to governmental operations

 
FISCAL IMPLICATIONS:

None.it shall have 5-1514 of the act shall not repealed there

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after become a law;
provided that the amendments to section general obligations law made by
section eight of this affect the repeal of such section and shall be
deemed with.

2025-S7572 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7572
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 22, 2025
                                ___________
 
 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 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
 S. 7572                             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-
 S. 7572                             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.

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Senate Bill S7572

Sponsored By

Current Bill Status - In Senate Committee Banks Committee

2025-S7572 (ACTIVE) - Details

2025-S7572 (ACTIVE) - Summary

2025-S7572 (ACTIVE) - Sponsor Memo

2025-S7572 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7572

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Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Banks Committee

2025-S7572 (ACTIVE) - Details

2025-S7572 (ACTIVE) - Summary

2025-S7572 (ACTIVE) - Sponsor Memo

2025-S7572 (ACTIVE) - Bill Text download pdf

Comments