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.