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S07806 Summary:

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S07806 Floor Votes:

S07806 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7806--A
            Cal. No. 576
 
                    IN SENATE
 
                                      May 12, 2010
                                       ___________
 
        Introduced  by  Sens.  SCHNEIDERMAN,  SAMPSON,  HASSELL-THOMPSON, KLEIN,
          OPPENHEIMER, STEWART-COUSINS -- (at request of  the  Office  of  Court
          Administration) -- read twice and ordered printed, and when printed to
          be  committed to the Committee on Judiciary -- reported favorably from
          said committee, ordered to first and second report, ordered to a third

          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading
 
        AN  ACT  to  amend  chapter  367 of the laws of 1999, amending the civil
          practice law and rules and the judiciary law relating to authorization
          of pilot programs permitting use of facsimile  transmission  or  elec-
          tronic  means to commence an action or special proceeding, in relation
          to use of electronic means to commence an  action  or  proceeding;  to
          amend chapter 416 of the laws of 2009, amending the civil practice law
          and  rules  relating  to  service  of  papers  by electronic means, in
          relation to service of papers by electronic means; and to amend  chap-
          ter  457 of the laws of 2005 amending the judiciary law and other laws
          relating to use of credit cards to pay fees, fines and surcharges,  in
          relation to making the provisions of such chapter permanent
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision (a) of section 6 of chapter 367 of the laws  of
     2  1999,  amending  the civil practice law and rules and the judiciary law,
     3  relating to authorization  of pilot programs permitting use of facsimile
     4  transmission or electronic  means  to  commence  an  action  or  special
     5  proceeding, as amended by chapter 416 of the laws of 2009, is amended to
     6  read as follows:
     7    (a)  Notwithstanding any other provision of law, the chief administra-
     8  tor of the courts, with the approval of the administrative board of  the
     9  courts, may promulgate rules authorizing a program in the use of facsim-
    10  ile transmission only in the court of claims and electronic means in the
    11  supreme  court,  the  civil  court  of the city of New York, surrogate's

    12  courts and the court of claims,  for:  (i)  the  commencement  of  civil
    13  actions  and  proceedings,  and (ii) the filing and service of papers in
    14  pending actions and proceedings.  Provided, however, the chief  adminis-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17308-04-0
        S. 7806--A                          2
 
     1  trator shall consult with the county clerk of a county before the use of
     2  electronic  means  is to be authorized in such county, afford him or her
     3  the opportunity to submit comments with respect thereto and consider any
     4  such comments.

     5    § 2. The first unnumbered paragraph of subparagraph 1 and subparagraph
     6  3 of paragraph (B) of subdivision (b) of section 6 of chapter 367 of the
     7  laws  of 1999, amending the civil practice law and rules and the judici-
     8  ary law relating to authorization of pilot programs  permitting  use  of
     9  facsimile  transmission  or  electronic  means  to commence an action or
    10  special proceeding, as amended by chapter 416 of the laws of  2009,  are
    11  amended to read as follows:
    12    The supreme court of New York [county] and Westchester counties in the
    13  following  classes  of  cases  provided  that  the amount in controversy
    14  (exclusive of punitive damages, interest, costs, disbursements and coun-
    15  sel fees claimed) is over $100,000:
    16    3.  One or more classes of cases  (excluding  matrimonial  actions  as

    17  defined  by  the civil practice law and rules, election law proceedings,
    18  proceedings brought pursuant to article 78 of the civil practice law and
    19  rules, and proceedings brought pursuant to the mental  hygiene  law)  in
    20  [the]  supreme  court  [of  one  county outside the city of New York] in
    21  Livingston, Monroe, Rockland and Tompkins counties.
    22    § 3. The closing paragraph of paragraph  (B)  of  subdivision  (b)  of
    23  section  6  of chapter 367 of the laws of 1999, amending the civil prac-
    24  tice law and rules and the judiciary law relating  to  authorization  of
    25  pilot  programs  permitting  use of facsimile transmission or electronic
    26  means to commence an action or special proceeding, as amended by chapter
    27  416 of the laws of 2009, is amended to read as follows:
    28    Notwithstanding the foregoing, the chief administrator may not  elimi-

    29  nate  the  requirement  of  consent  until  after  he  or she shall have
    30  consulted with members of the organized bar and with the county clerk in
    31  any county in which such elimination shall apply, have afforded them the
    32  opportunity to submit comments with respect thereto, [and] have  consid-
    33  ered any such comments and, in the instance of the counties specified in
    34  subparagraph three of this paragraph, have obtained the agreement there-
    35  to of the respective county clerks thereof.
    36    §  4. Section 6 of chapter 416 of the laws of 2009, amending the civil
    37  practice law and rules relating  to  service  of  papers  by  electronic
    38  means, is amended to read as follows:
    39    §  6.  (a) Not later than April [1, 2012] first in each calendar year,

    40  commencing in the year 2011, the chief administrator of the courts shall
    41  submit to the legislature, the governor and the chief judge of the state
    42  a report evaluating the state's experience with the program in  the  use
    43  of   electronic   means  for  the  commencement  of  civil  actions  and
    44  proceedings and the service of papers therein as authorized by this  act
    45  and containing such recommendations for further legislation as he or she
    46  shall  deem appropriate, including, in particular, legislation to enable
    47  broader use of the program without the requirement of consent to partic-
    48  ipation in the counties specified in subparagraphs 1 and 2 of  paragraph
    49  (B)  of subdivision (b) of section 6 of chapter 367 of the laws of 1999,
    50  amending the civil practice law and rules and the judiciary law,  relat-

    51  ing to the authorization of pilot programs permitting the use of facsim-
    52  ile  transmission  or  electronic means to commence an action or special
    53  proceeding, as amended, and in counties not now  specified  in  subpara-
    54  graph  3  of  such paragraph (B). In the preparation of such report, the
    55  chief administrator shall consult with each county clerk in whose county
    56  the program has been implemented, afford him or her  an  opportunity  to
        S. 7806--A                          3
 
     1  submit comments with respect to such implementation for inclusion in the
     2  report and consider any such comments.
     3    (b)  The  chief  administrator  of the courts shall create an advisory

     4  committee to consult with him or her in the implementation of  this  act
     5  in  the  supreme  court.  This committee shall consist of such number of
     6  members as the chief administrator shall designate, no fewer  than  half
     7  to be upon the recommendation of the New York State Association of Coun-
     8  ty Clerks.
     9    § 5. Section 7 of chapter 457 of the laws of 2005 amending the judici-
    10  ary  law  and  other  laws  relating to use of credit cards to pay fees,
    11  fines and surcharges is amended to read as follows:
    12    § 7. This act shall take effect immediately [and shall expire  and  be
    13  deemed  repealed 5 years after such date]; provided that section four of
    14  this act shall take effect on the first of January next  succeeding  the
    15  date on which it shall have become a law.

    16    §  6.  This  act  shall take effect immediately and shall be deemed to
    17  have been in full force and effect  on  and  after  September  1,  2009,
    18  provided,  however,  that the amendments to paragraph (B) of subdivision
    19  (b) of section 6 of chapter 367 of the laws of 1999 made by sections two
    20  and three of this act shall not affect the expiration and repeal of such
    21  paragraph and shall be deemed repealed therewith.