S T A T E O F N E W Y O R K
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10987--B
I N A S S E M B L Y
May 6, 2010
___________
Introduced by M. of A. WEINSTEIN, JOHN, ZEBROWSKI -- Multi-Sponsored by
-- M. of A. GANTT, KOON, MORELLE -- (at request of the Office of
Court Administration) -- read once and referred to the Committee on
Judiciary -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
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:
Section 1. Subdivision (a) of section 6 of 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 electronic means to commence an action or special
proceeding, as amended by chapter 416 of the laws of 2009, is amended to
read as follows:
(a) Notwithstanding any other provision of law, the chief administra-
tor of the courts, with the approval of the administrative board of the
courts, may promulgate rules authorizing a program in the use of facsim-
ile transmission ONLY IN THE COURT OF CLAIMS and electronic means in the
supreme court, the civil court of the city of New York, surrogate's
courts and the court of claims, for: (i) the commencement of civil
actions and proceedings, and (ii) the filing and service of papers in
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.
LBD16936-07-0
A. 10987--B 2
TRATOR SHALL CONSULT WITH THE COUNTY CLERK OF A COUNTY BEFORE THE USE OF
ELECTRONIC MEANS IS TO BE AUTHORIZED IN SUCH COUNTY, AFFORD HIM OR HER
THE OPPORTUNITY TO SUBMIT COMMENTS WITH RESPECT THERETO AND CONSIDER ANY
SUCH COMMENTS.
S 2. The first unnumbered paragraph of subparagraph 1 and subparagraph
3 of paragraph (B) of subdivision (b) of section 6 of chapter 367 of the
laws of 1999, amending the civil practice law and rules and the judici-
ary law relating to authorization of pilot programs permitting use of
facsimile transmission or electronic means to commence an action or
special proceeding, as amended by chapter 416 of the laws of 2009, are
amended to read as follows:
The supreme court of New York [county] AND WESTCHESTER COUNTIES in the
following classes of cases provided that the amount in controversy
(exclusive of punitive damages, interest, costs, disbursements and coun-
sel fees claimed) is over $100,000:
3. One or more classes of cases (excluding matrimonial actions as
defined by the civil practice law and rules, election law proceedings,
proceedings brought pursuant to article 78 of the civil practice law and
rules, and proceedings brought pursuant to the mental hygiene law) in
[the] supreme court [of one county outside the city of New York] IN
LIVINGSTON, MONROE, ROCKLAND AND TOMPKINS COUNTIES.
S 3. The closing paragraph of paragraph (B) of subdivision (b) of
section 6 of chapter 367 of the laws of 1999, amending the civil prac-
tice law and rules and the judiciary law relating to authorization of
pilot programs permitting use of facsimile transmission or electronic
means to commence an action or special proceeding, as amended by chapter
416 of the laws of 2009, is amended to read as follows:
Notwithstanding the foregoing, the chief administrator may not elimi-
nate the requirement of consent until after he or she shall have
consulted with members of the organized bar AND WITH THE COUNTY CLERK in
any county in which such elimination shall apply, have afforded them the
opportunity to submit comments with respect thereto, [and] have consid-
ered any such comments AND, IN THE INSTANCE OF THE COUNTIES SPECIFIED IN
SUBPARAGRAPH THREE OF THIS PARAGRAPH, HAVE OBTAINED THE AGREEMENT THERE-
TO OF THE RESPECTIVE COUNTY CLERKS THEREOF.
S 4. Section 6 of chapter 416 of the laws of 2009, amending the civil
practice law and rules relating to service of papers by electronic
means, is amended to read as follows:
S 6. (A) Not later than April [1, 2012] FIRST IN EACH CALENDAR YEAR,
COMMENCING IN THE YEAR 2011, the chief administrator of the courts shall
submit to the legislature, the governor and the chief judge of the state
a report evaluating the state's experience with the program in the use
of electronic means for the commencement of civil actions and
proceedings and the service of papers therein as authorized by this act
and containing such recommendations for further legislation as he or she
shall deem appropriate, INCLUDING, IN PARTICULAR, LEGISLATION TO ENABLE
BROADER USE OF THE PROGRAM WITHOUT THE REQUIREMENT OF CONSENT TO PARTIC-
IPATION IN THE COUNTIES SPECIFIED IN SUBPARAGRAPHS 1 AND 2 OF PARAGRAPH
(B) OF SUBDIVISION (B) OF SECTION 6 OF CHAPTER 367 OF THE LAWS OF 1999,
AMENDING THE CIVIL PRACTICE LAW AND RULES AND THE JUDICIARY LAW, RELAT-
ING TO THE AUTHORIZATION OF PILOT PROGRAMS PERMITTING THE USE OF FACSIM-
ILE TRANSMISSION OR ELECTRONIC MEANS TO COMMENCE AN ACTION OR SPECIAL
PROCEEDING, AS AMENDED, AND IN COUNTIES NOT NOW SPECIFIED IN SUBPARA-
GRAPH 3 OF SUCH PARAGRAPH (B). IN THE PREPARATION OF SUCH REPORT, THE
CHIEF ADMINISTRATOR SHALL CONSULT WITH EACH COUNTY CLERK IN WHOSE COUNTY
THE PROGRAM HAS BEEN IMPLEMENTED, AFFORD HIM OR HER AN OPPORTUNITY TO
A. 10987--B 3
SUBMIT COMMENTS WITH RESPECT TO SUCH IMPLEMENTATION FOR INCLUSION IN THE
REPORT AND CONSIDER ANY SUCH COMMENTS.
(B) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL CREATE AN ADVISORY
COMMITTEE TO CONSULT WITH HIM OR HER IN THE IMPLEMENTATION OF THIS ACT
IN THE SUPREME COURT. THIS COMMITTEE SHALL CONSIST OF SUCH NUMBER OF
MEMBERS AS THE CHIEF ADMINISTRATOR SHALL DESIGNATE, NO FEWER THAN HALF
TO BE UPON THE RECOMMENDATION OF THE NEW YORK STATE ASSOCIATION OF COUN-
TY CLERKS.
S 5. Section 7 of chapter 457 of the laws of 2005 amending the judici-
ary law and other laws relating to use of credit cards to pay fees,
fines and surcharges is amended to read as follows:
S 7. This act shall take effect immediately [and shall expire and be
deemed repealed 5 years after such date]; provided that section four of
this act shall take effect on the first of January next succeeding the
date on which it shall have become a law.
S 6. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after September 1, 2009,
provided, however, that the amendments to paragraph (B) of subdivision
(b) of section 6 of chapter 367 of the laws of 1999 made by sections two
and three of this act shall not affect the expiration and repeal of such
paragraph and shall be deemed repealed therewith.