NY State Senate Bill 2009-S7806

Senate Bill S7806

Signed By Governor

2009-2010 Legislative Session

Continues and expands New York's program for use of electronic means for filing certain papers in civil litigation in supreme court and other courts

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 17, 2010	signed chap.528
Sep 07, 2010	delivered to governor
Jun 16, 2010	returned to senate passed assembly ordered to third reading rules cal.200 substituted for a10987b
Jun 14, 2010	referred to judiciary delivered to assembly passed senate
Jun 08, 2010	amended on third reading (t) 7806a
May 25, 2010	advanced to third reading
May 24, 2010	2nd report cal.
May 18, 2010	1st report cal.576
May 12, 2010	referred to judiciary

Votes

- Jun 14, 2010 - Floor Vote
  S7806
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  May 18, 2010 - Judiciary Committee Vote
  S7806
  
  18
  
  Aye
  
  5
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 18, 2010
      
      aye (18)
      
      Adams
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Espada
      
      Hassell-Thompson
      
      Klein
      
      LaValle
      
      Leibell
      
      Onorato
      
      Perkins
      
      Ranzenhofer
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Winner
      
      nay (5)
      
      Diaz
      
      Lanza
      
      Maziarz
      
      Nozzolio
      
      Volker

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2009-S7806 - Details

Law Section:: Judiciary
Laws Affected:: Amd §6, Chap 367 of 1999; amd §6, Chap 416 of 2009

2009-S7806 - Summary

Continues and expands New York's program for use of electronic means for filing certain papers in civil litigation in supreme court and other courts.

2009-S7806 - Sponsor Memo

                                 BILL NUMBER:  S7806

 TITLE OF BILL :
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
electronic means to commence an action or special proceeding, in
relation to use of electronic means to commence an action or
proceeding and 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


This measure is being introduced at the request of the Judiciary.  It
was prepared in collaboration with the NYS Association of County
Clerks and it has their support.

This measure is a chapter amendment to effectuate several minor
changes in legislation enacted last session to continue and expand the
State's program in the use of electronic means for the filing of
certain papers in civil litigation in Supreme Court and other courts
("electronic filing" or "e-filing"). See L. 2009, c.416.

Eleven years ago, New York instituted an experiment in the use of
e-filing. The experiment permitted e-filing in a few categories of
cases in Supreme Court and in a few venues, included a requirement for

the consent of the parties, and was set to expire in approximately
three years. See L. 1999, c. 367. Over the ensuing decade, the State
revisited this experiment several times, expanding the case categories
and venues in which it could be used, expanding its availability to
cases in the Surrogate's Courts and the Court of Claims, and
continuing its experimental character by providing for a series of
sunsets.

Last year, the Legislature enacted chapter 416 as a major expansion of
the e-filing program. As part of this expansion, the Legislature
removed e-filing from the ranks of an experiment and gave it permanent
status. It also eliminated restrictions on the categories of cases and
venues in which e-filing might be used, permitting its use statewide
in Supreme Court, Surrogate's Court and the Court of Claims. While
chapter 416 did not eliminate the requirement that parties consent to
use of e-filing in individual cases, it did institute a limited
program of mandatory e-filing in Supreme Court in certain commercial
cases in New York County, in tort cases in Westchester County, and in
certain cases in one other upstate county (to be designated by the
Chief Administrative Judge).

As we have begun to go forward and implement the provisions of chapter
416, we recognize that we can ensure a more effective e-filing program
with five minor changes in the legislation. They include:

* addition of a requirement that the Chief Administrative Judge
consult with the affected County Clerk before instituting any
consensual program of e-filing in a county. Omission of this
requirement was an oversight in chapter 416.

* in place of the statutory provision permitting the Chief
Administrative Judge to select an upstate county for participation in
the mandatory e-filing program, authorization for her to designate
four specific upstate counties - Livingston, Monroe, Rockland and
Tompkins - to participation in that program. These four counties and
their local Bar Associations have indicated a strong wish to be
included in the mandatory e-filing pilot. Relatedly, we also propose
that mandatory e-filing be authorized in other classes of cases in
Westchester County besides tort cases.

* addition of a requirement that, before instituting mandatory
e-filing in any venue, the Chief Administrative Judge must consult
with the local County Clerk; and, before instituting mandatory
e-filing in the four identified upstate venues, the Chief
Administrative Judge must secure the agreement of the local County
Clerk.  This change will ensure that counties are well-prepared to
meet the demands generated by mandatory e-filing.

* addition of a requirement that the Chief Administrative Judge
establish an advisory committee, to be comprised of both court system
personnel and County Clerks, to assist him or her in implementing the
e-filing legislation generally. This change is intended to ensure that
the e-filing program goes forward as a truly collaborative exercise;
and that it remains continually subject to critical review.

* modification of the reporting requirement set out in chapter 416 to
obligate the Chief Administrative Judge to furnish an annual report on
the e-filing program, commencing 4/1/11; and particularly to invite
the Chief Administrative Judge. in each such annual report, to make
recommendations, as appropriate. for expansion of the mandatory
e-filing program. We point out that there likely are other counties -
besides the four to be added by this measure to the mandatory e-filing
program - that are now, or soon can be, ready for a meaningful test of
mandatory e-filing; and it is our hope that, after a year or so of
successful experience with the program in the pilot counties, and with
strong local support for expansion into other counties, the latter can
be permitted to join the program (subject.  of course, to a continuing
requirement that there be no expansion of the mandatory program
without the agreement of any county clerk in an affected county).

Beyond these changes, this measure also clarifies that statutory
authorization for use of fax transmission as a means of filing papers
(another feature of the early e-filing program) should be limited to
papers in -the Court of Claims. This will conform the statute to the
practice and to need as it has been demonstrated over time.

Lastly, the measure makes a technical change in the Judiciary Law's
recitation of the powers of the Chief Administrative Judge to clarify
that it includes rule-making powers conferred by chapter 367 of the
Laws of 1999, as amended through chapter 416 of the laws of 2009.

This measure, which would take effect retroactively to 9/1/09, would
have no fiscal impact.

 LEGISLATIVE HISTORY :
None. New proposal.

2009-S7806 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7806

                            I N  S E N A T E

                              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

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 and  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

  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-
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.  Subparagraphs  2  and  3 of paragraph (B) of subdivision (b) of
section 6 of chapter 367 of the laws of 1999, amending the  civil  prac-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD17308-01-0

S. 7806                             2

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, are amended to read as follows:
  2. [Tort cases in supreme court in Westchester county, and
  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, TOMPKINS AND WESTCHESTER 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 TWO OF THIS PARAGRAPH, HAVE OBTAINED THE AGREEMENT  THERETO
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 COUNTY SPECIFIED IN SUBPARAGRAPH 1 OF  PARAGRAPH  (B)  OF
SUBDIVISION  (B) OF SECTION 6 OF CHAPTER 367 OF THE LAWS OF 1999, AMEND-
ING THE CIVIL PRACTICE LAW AND RULES AND THE JUDICIARY LAW, RELATING  TO
THE  AUTHORIZATION  OF  PILOT  PROGRAMS  PERMITTING THE USE OF FACSIMILE
TRANSMISSION OR ELECTRONIC  MEANS  TO  COMMENCE  AN  ACTION  OR  SPECIAL
PROCEEDING,  AS  AMENDED,  AND IN COUNTIES NOT NOW SPECIFIED IN SUBPARA-
GRAPH 2 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
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. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and  effect on and after September 1, 2009,

S. 7806                             3

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.

co-Sponsors

View additional co-sponsors

2009-S7806A (ACTIVE) - Details

Law Section:: Judiciary
Laws Affected:: Amd §6, Chap 367 of 1999; amd §6, Chap 416 of 2009

2009-S7806A (ACTIVE) - Summary

Continues and expands New York's program for use of electronic means for filing certain papers in civil litigation in supreme court and other courts.

2009-S7806A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7806A

TITLE OF BILL:

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 electronic 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
chapter 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

This measure is being introduced at the request of the Judiciary. It
was prepared in collaboration with the NYS Association of County
Clerks and it has their support.

This measure is a chapter amendment to effectuate several minor
changes in legislation enacted last session to continue and expand
the State's program in the use of electronic means for the filing of
certain papers in civil litigation in Supreme Court and other courts
("electronic filing" or "e-filing"). See L. 2009, c. 416.

Eleven years ago, New York instituted an experiment in the use of
e-filing. The experiment permitted e-filing in a few categories of
cases in Supreme Court and in a few venues, included a requirement
for the consent of the parties, and was set to expire in
approximately three years. See L. 1999, c. 367. Over the ensuing
decade, the State revisited this experiment several times, expanding
the case categories and venues in which it could be used, expanding
its availability to cases in the Surrogate's Courts and
the Court of Claims, and continuing its experimental character by
providing for a series of sunsets.

Last year, the Legislature enacted chapter 416 as a major expansion of
the e-filing program. As part of this expansion, the Legislature
removed e-filing from the ranks of an experiment and gave it
permanent status. It also eliminated restrictions on the categories
of cases and venues in which e-filing might be used, permitting its
use statewide in Supreme Court, Surrogate's Court and the Court of
Claims. While chapter 416 did not eliminate the requirement that
parties consent to use of e-filing in individual cases, it did
institute a limited program of mandatory e-filing in Supreme Court in
certain commercial cases in New York County, in tort cases in
Westchester County, and in certain cases in one other upstate county
(to be designated by the Chief Administrative Judge).

As we have begun to go forward and implement the provisions of chapter
416, we recognize that we can ensure a more effective e-filing
program with five minor changes in the legislation. They include:


* addition of a requirement that the Chief Administrative Judge
consult with the affected County Clerk before instituting any
consensual program of e-filing in a county. Omission of this
requirement was an oversight in chapter 416.

* in place of the statutory provision permitting the Chief
Administrative Judge to select an upstate county for participation in
the mandatory e-filing program, authorization for her to designate
four specific upstate counties - Livingston, Monroe, Rockland and
Tompkins - to participate in that program. These four counties and
their local Bar Associations have indicated a strong wish to be
included in the mandatory e-filing pilot. Relatedly, we also propose
that mandatory e-filing be expanded in Westchester County to include
the same classes of commercial cases as are authorized for e-filing
in New York County, besides tort cases.

* addition of a requirement that, before instituting mandatory
e-filing in any venue, the Chief Administrative Judge must consult
with the local County Clerk; and, before instituting mandatory
e-filing in the four identified upstate venues, the Chief
Administrative Judge must secure the agreement of the local County
Clerk.
This change will ensure that counties are well-prepared to meet the
demands generated by mandatory e-filing.

* addition of a requirement that the Chief Administrative Judge
establish an
advisory committee, to be comprised of both court system personnel and
County Clerks, to assist him or her in implementing the e-filing
legislation generally. This change is intended to ensure that the
e-filing program goes forward as a truly collaborative exercise; and
that it remains continually subject to critical review.

* modification of the reporting requirement set out in chapter 416 to
obligate the Chief Administrative Judge to furnish an annual report
on the e-filing program, commencing 4/1/11; and particularly to
invite the Chief Administrative Judge, in each such annual report, to
make recommendations, as appropriate, for expansion of the mandatory
e-filing program. We point out that there likely are other counties -
besides the four to be added by this measure to the mandatory
e-filing program - that are now, or soon can be, ready for a
meaningful test of mandatory e-filing; and it is our hope that, after
a year or so of successful experience with the program in the pilot
counties, and with strong local support for expansion into other
counties, the latter can be permitted to join the program (subject,
of course, to a continuing requirement that there be no expansion of
the mandatory program without the agreement of any county clerk in an
affected county).

Beyond these changes, this measure also clarifies that statutory
authorization for use of fax transmission as a means of filing papers
(another feature of the early e-filing program) should be limited to
papers in the Court of Claims. This will conform the statute to the
practice and to need as it has been demonstrated over time.

Finally, recognizing that the Legislature last year gave permanent
status to the consensual e-filing program and that New York's program


authorizing use of credit cards to pay court fees and other court
obligations has, for over 20 years, produced significant efficiencies
and accelerated revenue collection, this measure similarly gives
permanent status to present authority (now scheduled to expire August
9th of this year) for such use of credit cards.

This measure, which would take effect retroactively to 9/1/09, would
have no fiscal impact.

2010 LEGISLATIVE HISTORY:
OCA 2010-85
Senate 7806 (Schneiderman) [adv to 3rd Rdg]
OCA 2010-84
Assembly 10987-A (Weinstein) [recom to Jud]

2009-S7806A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7806--A
    Cal. No. 576

                            I N  S E N A T E

                              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:

  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.
                                                           LBD17308-04-0

S. 7806--A                          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

S. 7806--A                          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.

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Senate Bill S7806

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Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2009-S7806 - Details

2009-S7806 - Summary

2009-S7806 - Sponsor Memo

2009-S7806 - Bill Text download pdf

co-Sponsors

2009-S7806A (ACTIVE) - Details

2009-S7806A (ACTIVE) - Summary

2009-S7806A (ACTIVE) - Sponsor Memo

2009-S7806A (ACTIVE) - Bill Text download pdf

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