NY State Senate Bill S9209

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 23, 2022	signed chap.784
Dec 12, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.639 substituted for a10234
Jun 01, 2022	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1819 committee discharged and committed to rules
May 12, 2022	referred to judiciary

Votes

S9209 (ACTIVE) - Details

See Assembly Version of this Bill:: A10234
Law Section:: General Obligations Law
Laws Affected:: Amd §5-1501B, Gen Ob L

S9209 (ACTIVE) - Summary

Provides clarification for the creation of valid statutory short form and other powers of attorney by clarifying when a principal and agent sign a power of attorney and its effectiveness.

S9209 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S9209

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the general obligations law, in relation to providing
clarification for the creation of valid statutory short form and other
powers of attorney

 
PURPOSE OF BILL:

To clarify that powers of attorney need only to have been executed by
the principal and conform to the law in effect at the time executed by
such principal to remain valid and enforceable under the new law, even
if signed by the agents at a later date.

 
SUMMARY OF PROVISIONS:

Section 1 amends the General Obligations Law by adding a new subdivision
5 to Section 51501B to clarify that powers of attorney executed by the
principal in a manner prescribed by law in effect at that time of
execution are valid and enforceable, even if signed by the agents of the

principal at a later date, including, but not limited to, after June 13,
2021.

Section 2 provides that the bill shall be effective immediately.

 
JUSTIFICATION:

The proposed amendment adding a new subdivision 5 to GOL § 5-1501B
provides necessary clarification that powers of attorney need only to
have been executed by the principal and conform to the law in effect at
the time executed by such principal to remain valid and enforceable
under the new law even if signed by the agents at a later date.

Chapter 323 of the Laws of 2020, which became effective on June 13,
2021, specifically provides: "§ 19. This act shall take effect on the
one hundred eightieth day after it shall have become a law, provided,
that any statutory short form power of attorney and any statutory gifts
rider executed by a principal and valid at the time executed by such
principal shall remain valid, as will any revocation of a prior power of
attorney that was delivered to an agent prior to the effective date of
this act." This was intended to indicate that grandfathered powers of
attorney only had to be executed by the principal, something that was
left ambiguous in the 2008 and 2010 legislation.

However, the statute both previously and as amended provides that to be
valid the power of attorney must "be signed and dated by any agent
acting on behalf of the principal with the signature of the agent duly
acknowledged." General Obligations Law § 5-15018(1)(c). The effective
date language in the amendment referring to being "valid at the time
executed by such principal" leaves some ambiguity given the statute's
definition of what is "valid." òThis legislation will resolve any unin-
tended ambiguity in the previously enacted law.

 
LEGISLATIVE HISTORY:

New bill, 2022.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

S9209 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9209
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in  relation  to  providing
   clarification for the creation of valid statutory short form and other
   powers of attorney
 
   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. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, ANY STATU-
 TORY  SHORT FORM POWER OF ATTORNEY AND ANY STATUTORY GIFT RIDER EXECUTED
 BY A PRINCIPAL IN THE MANNER CONFORMING WITH THE LAW IN  EFFECT  AT  THE
 TIME  SHALL  REMAIN  VALID AND ENFORCEABLE PURSUANT TO SECTION 5-1504 OF
 THIS TITLE, EVEN IF SIGNED BY AN AGENT AT A LATER  DATE,  INCLUDING  BUT
 NOT  LIMITED  TO, BEING SIGNED ON OR AFTER JUNE THIRTEENTH, TWO THOUSAND
 TWENTY-ONE.
   (B) ANY REVOCATION OF A POWER OF ATTORNEY THAT  WAS  DELIVERED  TO  AN
 AGENT SHALL REMAIN IN EFFECT PURSUANT TO THIS SUBDIVISION.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15404-01-2

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The New York State Senate

senate Bill S9209

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Archive: Last Bill Status - Signed by Governor

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Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

Jun 1, 2022 - Rules committee Vote

Rules Committee Vote: Jun 1, 2022

S9209 (ACTIVE) - Details

S9209 (ACTIVE) - Summary

S9209 (ACTIVE) - Sponsor Memo

S9209 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S9209

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

Jun 1, 2022 - Rules committee Vote

Rules Committee Vote: Jun 1, 2022

S9209 (ACTIVE) - Details

S9209 (ACTIVE) - Summary

S9209 (ACTIVE) - Sponsor Memo

S9209 (ACTIVE) - Bill Text download pdf

Comments