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Assembly Bill A5384

2021-2022 Legislative Session

Relates to electronic signatures and salvage title

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Archive: Last Bill Status - In Assembly Committee

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2021-A5384 (ACTIVE) - Details

See Senate Version of this Bill:
S4697
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §5-1501B, Gen Ob L; amd §307, St Tech L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5729
2023-2024: A1753

2021-A5384 (ACTIVE) - Summary

Relates to electronic signatures and salvage title.

2021-A5384 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5384
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the general obligations law and the state technology
   law, in relation to electronic signatures and salvage title
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section 5-1501B of the general obligations law is amended
 by adding a new subdivision 5 to read as follows:
   5. NOTHING IN THIS TITLE SHALL PROHIBIT THE EXECUTION OF A VALID POWER
 OF ATTORNEY FOR THE PURPOSE OF TRANSFERRING  A  SALVAGE  CERTIFICATE  OF
 TITLE  AND  THE EXECUTION OF AN ODOMETER AND DAMAGE DISCLOSURE STATEMENT
 IN CONNECTION WITH SUCH TITLE BY ELECTRONIC MEANS  PURSUANT  TO  ARTICLE
 THREE OF THE STATE TECHNOLOGY LAW.
   §  2.  Subdivision  1  of  section 307 of the state technology law, as
 amended by chapter 158 of the laws  of  2012,  is  amended  to  read  as
 follows:
   1.  To  any  document providing for the disposition of an individual's
 person or property upon death or incompetence, or appointing a fiduciary
 of an individual's person or property,  including,  without  limitation,
 wills, trusts, decisions consenting to orders not to resuscitate, powers
 of attorney and health care proxies, with the exception of: (a) contrac-
 tual  beneficiary  designations;  [and]  (b) the registration of making,
 amending, or revoking  an  anatomical  gift  under  section  forty-three
 hundred  ten  of  the  public  health  law;  AND  (C) WHENEVER A LOSS IN
 CONNECTION WITH A PRIVATE AUTOMOBILE IS DETERMINED BY AN INSURER TO BE A
 TOTAL LOSS OR CONSTRUCTIVE TOTAL LOSS UNDER SECTION THIRTY-FOUR  HUNDRED
 TWELVE  OF  THE INSURANCE LAW, FOR THE PURPOSE OF TRANSFERRING A SALVAGE
 CERTIFICATE OF TITLE AND THE EXECUTION OF  AN  ODOMETER  AND  DISCLOSURE
 STATEMENT  IN  CONNECTION WITH SUCH TITLE, THE ELECTRONIC EXECUTION OF A
 POWER OF ATTORNEY  SHALL  BE  PERMISSIBLE  PROVIDED  THAT  SIGNATURE  IS
 AUTHENTICATED.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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