NY State Senate Bill 2017-S6408A

Senate Bill S6408A

Signed By Governor

2017-2018 Legislative Session

Relates to the use of electronic means for the commencement and filing of papers in certain actions and proceedings

download bill text pdf

Archive: Last Bill Status Via A8127 - 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
Jul 24, 2017	signed chap.99
Jul 12, 2017	delivered to governor
Jun 19, 2017	returned to assembly passed senate 3rd reading cal.1137 substituted for s6408a
Jun 19, 2017	substituted by a8127
Jun 05, 2017	advanced to third reading amended (t) 6408a
May 24, 2017	2nd report cal.
May 23, 2017	1st report cal.1137
May 17, 2017	referred to judiciary

Votes

- Jun 19, 2017 - Floor Vote
  A8127
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Serrano
  May 23, 2017 - Judiciary Committee Vote
  S6408A
  
  20
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 23, 2017
      
      aye (20)
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Diaz
      
      Dilan
      
      Hamilton
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      LaValle
      
      Lanza
      
      Montgomery
      
      O'Mara
      
      Phillips
      
      Ranzenhofer
      
      Savino
      
      Stavisky
      
      aye wr (3)
      
      Croci
      
      Hannon
      
      Serino

Bill Amendments

Original

A (Active)

2017-S6408 - Details

See Assembly Version of this Bill:: A8127
Law Section:: Judiciary Law
Laws Affected:: Amd §212, Judy L; amd §2112, CPLR; amd §11, Chap 237 of 2015

2017-S6408 - Summary

Relates to the use of electronic means for the commencement and filing of papers in certain actions and proceedings.

2017-S6408 - Sponsor Memo

                                 BILL NUMBER:  S6408

 TITLE OF BILL :  An act to amend the civil practice law and rules and
chapter 237 of the laws of 2015 amending the judiciary law and other
laws relating to use of electronic means for the commencement and
filing of papers in certain actions and proceedings, in relation to
the use of electronic means for the commencement and filing of papers
in certain actions and proceedings; and to repeal paragraph 2-a of
subdivision (b) of section 2111 of the civil practice law and rules,
relating to residential foreclosure actions involving a home loan

This measure is being introduced at the request of the Chief Judge of
the State and the Chief Administrative Judge.

As far back as 1999, the State began to introduce pilot programs in
the use of electronic means for the purpose of commencing certain
categories of cases and filing court papers with judges and with
adverse parties ("e-filing"). See L. 1999, c. 367. In the years since,
those programs have been continued and progressively expanded - to
apply to a broader spectrum of cases in additional courts. As has been
well-documented in numerous analyses and reports prepared over the
years to assess the effectiveness of e-filing in New York's State
courts, the pilot programs have been very successful and been greeted
with great enthusiasm by both bench and bar.

Recognizing this, the Legislature, in 2015 (L. 2015, c. 237), made

several major changes in the statutes authorizing use of e-filing
programs, to make them available on a more permanent and extended
basis. These changes included (i) conferral of permanent authority
upon the Chief Administrative Judge, with the agreement of County
Clerks in affected counties and subject to categorical exclusion for
certain case types (i.e., matrimonial actions, CPLR Article 70 and 78
proceedings, MHL proceedings, Election Law proceedings and certain
residential foreclosure and consumer debt proceedings), to require
mandatory e-filing in Supreme Court civil parts in such counties and
classes of cases as he or she shall specify; (ii) continued
authorization, subject to a September 1, 2019 sunset, for use of
e-filing, both consensual and mandatory, in criminal superior courts
and Family Court; (iii) conferral of permanent authority upon the
Chief Administrative Judge to institute programs of consensual and
mandatory e-filing in Surrogate's Court and the New York City Civil
Court; and programs for consensual e-filing (and filing by FAX) in the
Court of Claims; (iv) authorization for use of e-filing in the
Appellate Divisions at the discretion of each Judicial Department
subject only to the same case exclusions for mandatory e-filing as are
applied in the trial courts; and (v) relocation of statutes governing
e-filing from the State's Unconsolidated Laws to appropriate locations
in the Consolidated Laws.

The instant measure, following in the spirit of the 2015 legislation,
would make several further changes in the e-filing statutes - for the
purpose of enabling fuller deployment of what has been amply
demonstrated to be a practical and economically sound use of
technology to enable optimally expeditious and effective exchange of
papers by parties to a lawsuit between themselves and with the court.
The measure calls for:

*elimination of the present exclusion of matrimonial actions from
mandatory e-filing programs in Supreme Court. E-filing in matrimonial
cases has long been used on a consensual basis and all indications are
that requiring its use in those cases would be no less appropriate
than it is in other classes of cases that now are subject to mandatory
e-filing. Also, we are advised that there are many in the matrimonial
bar, along with most County Clerks, who strongly favor extending
mandatory e-filing to matrimonial actions for many reasons not least

of which is the fact that maintaining dual-track filing systems is
cumbersome and costly.

*elimination of the present exclusion as to residential foreclosure
and consumer debt actions from mandatory e-filing programs in Supreme
Court. Under present law, other than for purposes of initial filings
in these cases and, until September 1, 2017, with exemption for
certain statutorily-stipulated counties where mandatory e-filing was
in effect prior to 2015, e-filing may not be made mandatory in these
cases. And, yet, the experience we have had in the exempt counties
since 2015 has been highly positive, with no indication of problems
that would contraindicate continued application of mandatory e-filing
in them beyond the coming sunset, or, indeed, that would dictate
against permanent elimination of the existing exclusion for the
benefit of practitioners in all counties.

*elimination of the present exclusions from mandatory e-filing in the
Appellate Divisions. For essentially the same reason this measure
proposes elimination of the exclusions in the trial courts, it calls
for their elimination in appellate courts. Long experience with
e-filing both in mandatory and consensual settings - across a broad
spectrum of cases should provide assurance that mandatory e-filing in
the Appellate Divisions can be implemented efficiently and without
jeopardizing the rights of parties before these courts.

*a reset of the September 1, 2019 sunset for use of e-filing in
criminal and Family Court so that it will be two years after such use
actually begins. As it is unclear at this time exactly when pilot
e-filing programs can be rolled out in these courts, having a fixed
sunset makes little sense. In all likelihood, it will necessitate
periodic trips back to the Legislature to reup the sunset so as to
permit a future pilot to go forth. A more practical approach, as
promoted in this measure, would be for the sunset to be revised so
that it is geared to kick in only after a pilot program is put in
place.

This measure, which would have no fiscal impact on the State or local
government, would take effect immediately.

 LEGISLATIVE HISTORY :

None. New proposal.

2017-S6408 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6408
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2017
                                ___________
 
 Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
   istration) -- read twice and ordered printed, and when printed  to  be
   committed to the Committee on Judiciary
 
 AN  ACT to amend the civil practice law and rules and chapter 237 of the
   laws of 2015 amending the judiciary law and other laws relating to use
   of electronic means for the  commencement  and  filing  of  papers  in
   certain  actions and proceedings, in relation to the use of electronic
   means for the commencement and filing of papers in certain actions and
   proceedings; and to repeal paragraph 2-a of subdivision (b) of section
   2111 of the civil practice law  and  rules,  relating  to  residential
   foreclosure actions involving a home loan
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (A) of  paragraph  2  of  subdivision  (b)  of
 section  2111  of  the civil practice law and rules, as added by chapter
 237 of the laws of 2015, is amended to read as follows:
   (A) one or more classes of cases [(excluding  matrimonial  actions  as
 defined  by  the  civil  practice law and rules,] EXCLUDING election law
 proceedings, proceedings brought pursuant to article seventy  or  seven-
 ty-eight  of  this  chapter[,]  AND  proceedings brought pursuant to the
 mental hygiene law[, residential foreclosure actions  involving  a  home
 loan  as  such  term  is defined in section thirteen hundred four of the
 real property actions and proceedings law  and  proceedings  related  to
 consumer  credit  transactions  as defined in subdivision (f) of section
 one hundred five of this chapter, except that the  chief  administrator,
 in  accordance  with  this  paragraph,  may eliminate the requirement of
 consent to participate in this program insofar  as  it  applies  to  the
 initial  filing  by  a  represented  party  of  papers  required for the
 commencement of residential foreclosure actions involving a home loan as
 such term is defined in section thirteen hundred four of the real  prop-
 erty actions and proceedings law and the initial filing by a represented

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

                                                            LBD11264-02-7

 S. 6408                             2

 party  of papers required for the commencement of proceedings related to
 consumer credit transactions as defined in subdivision  (f)  of  section
 one  hundred  five of this chapter) in supreme court in such counties as
 he or she shall specify], and
   §  2.  Paragraph  2-a  of subdivision (b) of section 2111 of the civil
 practice law and rules is REPEALED.
   § 3. Section 2112 of the civil practice law and  rules,  as  added  by
 chapter 237 of the laws of 2015, is amended to read as follows:
   §  2112.  Filing  of  papers  in  the appellate division by electronic
 means.  Notwithstanding any other provision of law, and except as other-
 wise provided in subdivision (c) of section twenty-one hundred eleven of
 this article, the appellate division in  each  judicial  department  may
 promulgate  rules  authorizing  a program in the use of electronic means
 for: (i) appeals to such court from the judgment or order of a court  of
 original instance or from that of another appellate court, (ii) making a
 motion for permission to appeal to such court, (iii) commencement of any
 other  proceeding that may be brought in such court, and (iv) the filing
 and service of papers  in  pending  actions  and  proceedings.  Provided
 however,  [the  appellate  division may not eliminate the requirement of
 consent to participation in appeals in such a program involving matrimo-
 nial actions as defined  by  this  chapter,  election  law  proceedings,
 proceedings brought pursuant to article seventy or seventy-eight of this
 chapter,  proceedings  brought pursuant to the mental hygiene law, resi-
 dential foreclosure actions involving  a  home  loan  as  such  term  is
 defined  in  section  thirteen hundred four of the real property actions
 and proceedings law and proceedings related to  consumer  credit  trans-
 actions  as  defined  in  subdivision (f) of section one hundred five of
 this chapter; and] such rules shall not require an  unrepresented  party
 or  any  attorney  who furnishes a certificate specified in subparagraph
 (A) or (B) of paragraph three of subdivision (b) of  section  twenty-one
 hundred eleven of this article to take or perfect an appeal by electron-
 ic means. Provided further, however, before promulgating any such rules,
 the  appellate  division  in each judicial department shall consult with
 the chief administrator of the courts and shall provide  an  opportunity
 for review and comment by all those who are or would be affected includ-
 ing  city,  state,  county  and  women's bar associations; institutional
 legal service providers; not-for-profit legal service providers;  attor-
 neys assigned pursuant to article eighteen-B of the county law; unaffil-
 iated  attorneys  who  regularly  appear in proceedings that are or have
 been affected by the programs that have been implemented or who  may  be
 affected  by  promulgation of rules concerning the use of the electronic
 filing program in the appellate division of any judicial department; and
 any other persons in whose county a program has been implemented in  any
 of the courts therein as deemed to be appropriate by any appellate divi-
 sion.  To  the  extent  practicable,  rules promulgated by the appellate
 division in each judicial department pursuant to this section  shall  be
 uniform.
   §  4. Section 11 of chapter 237 of the laws of 2015 amending the judi-
 ciary law and other laws relating to use of  electronic  means  for  the
 commencement  and filing of papers in certain actions and proceedings is
 amended to read as follows:
   § 11. This act shall take effect immediately; provided  that  sections
 four,  five,  six  and seven of this act shall EACH expire and be deemed
 repealed September [1, 2019; and provided that paragraph 2-a of subdivi-
 sion (b) of section 2111 of the civil practice law and rules,  as  added
 by  section two of this act, shall expire and be deemed repealed Septem-

 S. 6408                             3

 ber 1, 2017] FIRST IN THE SECOND CALENDAR YEAR  FOLLOWING  THE  YEAR  IN
 WHICH  RULES  AUTHORIZING  A  PROGRAM  IN THE USE OF ELECTRONIC MEANS AS
 PERMITTED UNDER SUCH SECTIONS FIRST TAKE EFFECT; PROVIDED THAT THE CHIEF
 ADMINISTRATOR  OF  THE COURTS SHALL NOTIFY THE LEGISLATIVE BILL DRAFTING
 COMMISSION UPON THE OCCURRENCE OF THE EFFECTIVE DATE OF  SUCH  RULES  IN
 ORDER  THAT THE COMMISSION MAY MAINTAIN AN ACCURATE AND TIMELY EFFECTIVE
 DATA BASE OF THE OFFICIAL TEXT OF THE LAWS OF THE STATE OF NEW  YORK  IN
 FURTHERANCE OF EFFECTUATING THE PROVISIONS OF SECTION 44 OF THE LEGISLA-
 TIVE LAW AND SECTION 70-B OF THE PUBLIC OFFICERS LAW.
   § 5. This act shall take effect immediately.

2017-S6408A (ACTIVE) - Details

See Assembly Version of this Bill:: A8127
Law Section:: Judiciary Law
Laws Affected:: Amd §212, Judy L; amd §2112, CPLR; amd §11, Chap 237 of 2015

2017-S6408A (ACTIVE) - Summary

Relates to the use of electronic means for the commencement and filing of papers in certain actions and proceedings.

2017-S6408A (ACTIVE) - Sponsor Memo

2017-S6408A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6408--A
     Cal. No. 1137
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2017
                                ___________
 
 Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
   istration) -- 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, amended on  second
   report,  ordered  to  a third reading, and to be reprinted as amended,
   retaining its place in the order of third reading
 
 AN ACT to amend the judiciary law, the civil practice law and rules  and
   chapter  237 of the laws of 2015 amending the judiciary law, the civil
   practice law and rules and other laws relating to  use  of  electronic
   means for the commencement and filing of papers in certain actions and
   proceedings,  in  relation  to  the  use  of  electronic means for the
   commencement and filing of papers in certain actions and proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause (A) of subparagraph (i) of paragraph (t) of subdivi-
 sion  2  of section 212 of the judiciary law, as added by chapter 237 of
 the laws of 2015, is amended to read as follows:
   (A) Not later than [April] FEBRUARY first in each calendar  year,  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 programs in the use of electronic means for the
 commencement of actions and proceedings and the service of papers there-
 in as authorized by law and containing such recommendations for  further
 legislation  as  he or she shall deem appropriate. In the preparation of
 such report, the chief administrator  shall  consult  with  each  county
 clerk  in  whose county a program has been implemented in civil cases in
 the supreme court,  the  advisory  committees  established  pursuant  to
 subparagraphs  (ii)  through  (vi)  of this paragraph, the organized bar
 including but not limited to city, state, county and women's bar associ-
 ations; the office  of  indigent  legal  services;  institutional  legal
 service providers; not-for-profit legal service providers; public defen-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11264-03-7

 S. 6408--A                          2
 
 ders;  attorneys  assigned  pursuant to article eighteen-B of the county
 law; unaffiliated attorneys who regularly appear in proceedings that are
 or have been affected by any programs that have been implemented or  who
 may be affected by the proposed recommendations for further legislation;
 representatives  of victims' rights organizations; and any other persons
 in whose county a program has been implemented  in  any  of  the  courts
 therein  as  deemed  to  be  appropriate by the chief administrator, and
 afford them an opportunity to  submit  comments  with  respect  to  such
 implementation  for  inclusion  in  the  report  and  address  any  such
 comments.
   Public comments shall also be sought via a prominent  posting  on  the
 website  of  the  office  of court administration. All comments received
 from any source shall be posted for public review on the same website.
   § 1-a. Clause (A) of subparagraph (i) of paragraph (u) of  subdivision
 2  of  section  212 of the judiciary law, as added by chapter 237 of the
 laws of 2015 and as relettered by section 1 of part BB of chapter 55  of
 the laws of 2017, is amended to read as follows:
   (A)  Not  later than [April] FEBRUARY first in each calendar year, 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 programs in the use of electronic means for  the
 commencement of actions and proceedings and the service of papers there-
 in  as authorized by law and containing such recommendations for further
 legislation as he or she shall deem appropriate. In the  preparation  of
 such  report,  the  chief  administrator  shall consult with each county
 clerk in whose county a program has been implemented in civil  cases  in
 the  supreme  court,  the  advisory  committees  established pursuant to
 subparagraphs (ii) through (vi) of this  paragraph,  the  organized  bar
 including but not limited to city, state, county and women's bar associ-
 ations;  the  office  of  indigent  legal  services; institutional legal
 service providers; not-for-profit legal service providers; public defen-
 ders; attorneys assigned pursuant to article eighteen-B  of  the  county
 law; unaffiliated attorneys who regularly appear in proceedings that are
 or  have been affected by any programs that have been implemented or who
 may be affected by the proposed recommendations for further legislation;
 representatives of victims' rights organizations; and any other  persons
 in  whose  county  a  program  has been implemented in any of the courts
 therein as deemed to be appropriate  by  the  chief  administrator,  and
 afford  them  an  opportunity  to  submit  comments with respect to such
 implementation  for  inclusion  in  the  report  and  address  any  such
 comments.
   Public  comments  shall  also be sought via a prominent posting on the
 website of the office of court  administration.  All  comments  received
 from any source shall be posted for public review on the same website.
   §  2.  Section  2112  of the civil practice law and rules, as added by
 chapter 237 of the laws of 2015, is amended to read as follows:
   § 2112. Filing of papers  in  the  appellate  division  by  electronic
 means.  Notwithstanding any other provision of law, and except as other-
 wise provided in subdivision (c) of section twenty-one hundred eleven of
 this  article,  the  appellate  division in each judicial department may
 promulgate rules authorizing a program in the use  of  electronic  means
 for:  (i) appeals to such court from the judgment or order of a court of
 original instance or from that of another appellate court, (ii) making a
 motion for permission to appeal to such court, (iii) commencement of any
 other proceeding that may be brought in such court, and (iv) the  filing
 and  service  of  papers  in  pending  actions and proceedings. Provided

 S. 6408--A                          3
 
 however, [the appellate division may not eliminate  the  requirement  of
 consent to participation in appeals in such a program involving matrimo-
 nial  actions  as  defined  by  this  chapter, election law proceedings,
 proceedings brought pursuant to article seventy or seventy-eight of this
 chapter,  proceedings  brought pursuant to the mental hygiene law, resi-
 dential foreclosure actions involving  a  home  loan  as  such  term  is
 defined  in  section  thirteen hundred four of the real property actions
 and proceedings law and proceedings related to  consumer  credit  trans-
 actions  as  defined  in  subdivision (f) of section one hundred five of
 this chapter; and] such rules shall not require an  unrepresented  party
 or  any  attorney  who furnishes a certificate specified in subparagraph
 (A) or (B) of paragraph three of subdivision (b) of  section  twenty-one
 hundred eleven of this article to take or perfect an appeal by electron-
 ic means. Provided further, however, before promulgating any such rules,
 the  appellate  division  in each judicial department shall consult with
 the chief administrator of the courts and shall provide  an  opportunity
 for review and comment by all those who are or would be affected includ-
 ing  city,  state,  county  and  women's bar associations; institutional
 legal service providers; not-for-profit legal service providers;  attor-
 neys assigned pursuant to article eighteen-B of the county law; unaffil-
 iated  attorneys  who  regularly  appear in proceedings that are or have
 been affected by the programs that have been implemented or who  may  be
 affected  by  promulgation of rules concerning the use of the electronic
 filing program in the appellate division of any judicial department; and
 any other persons in whose county a program has been implemented in  any
 of the courts therein as deemed to be appropriate by any appellate divi-
 sion.  To  the  extent  practicable,  rules promulgated by the appellate
 division in each judicial department pursuant to this section  shall  be
 uniform.
   §  3. Section 11 of chapter 237 of the laws of 2015 amending the judi-
 ciary law, the civil practice law and rules and other laws  relating  to
 use  of  electronic  means  for the commencement and filing of papers in
 certain actions and proceedings is amended to read as follows:
   § 11. This act shall take effect immediately; provided  that  sections
 four,  five,  six  and seven of this act shall EACH expire and be deemed
 repealed September 1, 2019; and provided that paragraph 2-a of  subdivi-
 sion  (b)  of section 2111 of the civil practice law and rules, as added
 by section two of this act, shall expire and be deemed repealed  Septem-
 ber 1, [2017] 2018.
   §  4.  This  act  shall  take effect immediately provided, however the
 amendments to subdivision 2 of section 212 of the judiciary law made  by
 section  one-a of this act shall take effect on the same date and in the
 same manner as section 1 of part BB of chapter 55 of the laws  of  2017,
 takes effect.

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