STATE OF NEW YORK ________________________________________________________________________ 2574 2025-2026 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Section 11 of the banking law is amended by adding a new 2 subdivision 5 to read as follows: 3 5. Notwithstanding any provision of law to the contrary, any instru- 4 ment which is signed and delivered to the superintendent pursuant to any 5 provision of this chapter, and is required to be verified or acknowl- 6 edged pursuant to the provisions of this chapter, may be verified or 7 acknowledged by including the standard verification or acknowledgment 8 language in such instrument and transmitting a legible copy of the 9 signed instrument by fax or electronic means. The superintendent shall 10 promulgate all rules and regulations necessary for the implementation of 11 the provisions of this subdivision. 12 § 2. Section 3-2.1 of the estates, powers and trusts law is amended by 13 adding a new paragraph (c) to read as follows: 14 (c) (1) Notwithstanding any provision of this section to the contrary, 15 the attestation of wills may be made utilizing audio-video technology if 16 the following conditions are met: 17 (A) The testator, if not personally known to the attesting witness, 18 shall present valid photo identification to the attesting witness during 19 the audio-video conference. 20 (B) The audio-video conference shall allow for direct interaction 21 between the testator and the attesting witness. 22 (C) The attesting witness shall receive a legible copy of the signa- 23 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 1 means, within twenty-four hours of such pages being signed by the testa- 2 tor during the audio-video conference. 3 (D) The attesting witness shall sign the transmitted copy of the 4 signature page, or pages, and transmit the same back to the testator. 5 (2) An attesting witness may repeat the attestation of the original 6 signature page, or pages, as of the date of execution provided that the 7 attesting witness receives such original signature page, or pages, 8 together with the electronically attested copy, attested to pursuant to 9 the provisions of subparagraph one of this paragraph, within thirty days 10 after the date of execution. 11 § 3. Section 7-1.17 of the estates, powers and trusts law is amended 12 by adding a new paragraph (c) to read as follows: 13 (c) (1) Notwithstanding any provision of this section to the contrary, 14 witnessing pursuant to this section may be made utilizing audio-video 15 technology if the following conditions are met: 16 (A) The person requesting that their signature be witnessed, if not 17 personally known to the witnesses, shall present valid photo identifica- 18 tion to the witnesses during the audio-video conference. 19 (B) The audio-video conference shall allow for direct interaction 20 between the person requesting that their signature be witnessed and the 21 witnesses. 22 (C) The witnesses shall receive a legible copy of the signature page, 23 or pages, which shall be transmitted via fax or electronic means, within 24 twenty-four hours of such pages being signed by the person requesting 25 that their signature be witnessed during the audio-video conference. 26 (D) The witnesses shall sign the transmitted copy of the signature 27 page, or pages, and transmit the same back to the person requesting that 28 their signature be witnessed. 29 (2) A witness may repeat the witnessing of the original signature 30 page, or pages, as of the date of execution provided that the witness 31 receives such original signature page, or pages, together with the elec- 32 tronically witnessed copy, witnessed pursuant to the provisions of 33 subparagraph one of this paragraph, within thirty days after the date of 34 execution. 35 § 4. Section 4201 of the public health law is amended by adding a new 36 subdivision 3-a to read as follows: 37 3-a. (a) Notwithstanding any provision of this section to the contra- 38 ry, witnessing pursuant to this section may be made utilizing audio-vi- 39 deo technology if the following conditions are met: 40 (i) The person requesting that their signature be witnessed, if not 41 personally known to the witnesses, shall present valid photo identifica- 42 tion to the witnesses during the audio-video conference. 43 (ii) The audio-video conference shall allow for direct interaction 44 between the person requesting that their signature be witnessed and the 45 witnesses. 46 (iii) The witnesses shall receive a legible copy of the signature 47 page, or pages, which shall be transmitted via fax or electronic means, 48 within twenty-four hours of such pages being signed by the person 49 requesting that their signature be witnessed during the audio-video 50 conference. 51 (iv) The witnesses shall sign the transmitted copy of the signature 52 page, or pages, and transmit the same back to the person requesting that 53 their signature be witnessed. 54 (b) A witness may repeat the witnessing of the original signature 55 page, or pages, as of the date of execution provided that the witness 56 receives such original signature page, or pages, together with the elec-
A. 2574 3 1 tronically witnessed copy, witnessed pursuant to the provisions of para- 2 graph (a) of this subdivision, within thirty days after the date of 3 execution. 4 § 5. The real property law is amended by adding a new section 304-a to 5 read as follows: 6 § 304-a. Witnessing utilizing audio-video technology. 1. Notwith- 7 standing any provision of this article to the contrary, witnessing 8 pursuant to this section may be made utilizing audio-video technology if 9 the following conditions are met: 10 (a) The person requesting that their signature be witnessed, if not 11 personally known to the witness, shall present valid photo identifica- 12 tion to the witness during the audio-video conference. 13 (b) The audio-video conference shall allow for direct interaction 14 between the person requesting that their signature be witnessed and the 15 witness. 16 (c) The witnesses shall receive a legible copy of the signature page, 17 or pages, which shall be transmitted via fax or electronic means, within 18 twenty-four hours of such pages being signed by the person requesting 19 that their signature be witnessed during the audio-video conference. 20 (d) The witness shall sign the transmitted copy of the signature page, 21 or pages, and transmit the same back to the person requesting that their 22 signature be witnessed. 23 2. A witness may repeat the witnessing of the original signature page, 24 or pages, as of the date of execution provided that the witness receives 25 such original signature page, or pages, together with the electronically 26 witnessed copy, witnessed pursuant to the provisions of subdivision one 27 of this section, within thirty days after the date of execution. 28 § 6. This act shall take effect on the thirtieth day after it shall 29 have become a law.