Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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---|---|
Feb 24, 2020 | referred to codes delivered to assembly passed senate |
Jan 21, 2020 | advanced to third reading |
Jan 15, 2020 | 2nd report cal. |
Jan 14, 2020 | 1st report cal.140 |
Jan 08, 2020 | referred to judiciary returned to senate died in assembly |
Mar 12, 2019 | referred to codes delivered to assembly passed senate |
Mar 04, 2019 | advanced to third reading |
Feb 28, 2019 | 2nd report cal. |
Feb 27, 2019 | 1st report cal.184 |
Feb 21, 2019 | print number 877a |
Feb 21, 2019 | amend and recommit to judiciary |
Jan 09, 2019 | referred to judiciary |
senate Bill S877A
Sponsored By
Gustavo Rivera
(D, WF) 33rd Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Votes
Bill Amendments
Co-Sponsors
Luis R. Sepúlveda
(D) 32nd Senate District
S877 - Details
- See Assembly Version of this Bill:
- A784
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R2106, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010: A1725
2011-2012: A2061
2013-2014: S6444, A5142
2015-2016: S719, A447
2017-2018: S1090, A2540
2021-2022: S3049, A197
2023-2024: S2997
S877 - Sponsor Memo
BILL NUMBER: S877 SPONSOR: RIVERA TITLE OF BILL: An act to amend the civil practice law and rules, in relation to chang- ing reference from physician, osteopath or dentist to health care prac- titioner SUMMARY OF SPECIFIC PROVISIONS: Amends rule 2106 section 1 of the civil practice law and rules. Would extend to all licensed health care practitioners to the right of affir- mation of affidavits. JUSTIFICATION: CPLR 2106 was intended to ease the burdens of attorneys who, as a prerequisite to the submission of their own sworn written statement in an action, were required under prior law to find a notary public to administer an oath. The drafters of the CPLR determined that the attor-
S877 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 877 2019-2020 Regular Sessions I N S E N A T E January 9, 2019 ___________ Introduced by Sens. RIVERA, SEPULVEDA -- 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, in relation to chang- ing reference from physician, osteopath or dentist to health care practitioner THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Rule 2106 of the civil practice law and rules, as amended by chapter 380 of the laws of 2014, is amended to read as follows: Rule 2106. Affirmation of truth of statement. (a) The statement of an attorney admitted to practice in the courts of the state, or of a [physician, osteopath or dentist] HEALTH CARE PRACTITIONER, authorized by TITLE EIGHT OF THE EDUCATION law to practice in the state, who is not a party to an action, when subscribed and affirmed by him OR HER to be true under the penalties of perjury, may be served or filed in the action in lieu of and with the same force and effect as an affidavit. (b) The statement of any person, when that person is physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, subscribed and affirmed by that person to be true under the penalties of perjury, may be used in an action in lieu of and with the same force and effect as an affidavit. Such affirmation shall be in substantially the follow- ing form: I affirm this ___ day of ______, ____, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. (Signature) § 2. This act shall take effect immediately.
Co-Sponsors
Brad Hoylman-Sigal
(D, WF) 47th Senate District
Luis R. Sepúlveda
(D) 32nd Senate District
S877A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A784
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R2106, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010: A1725
2011-2012: A2061
2013-2014: S6444, A5142
2015-2016: S719, A447
2017-2018: S1090, A2540
2021-2022: S3049, A197
2023-2024: S2997
S877A (ACTIVE) - Summary
Provides that an affirmation of a health care practitioner may be served or filed in an action in lieu of and with same force and effect as an affidavit (changes the current reference in existing provisions from "physician, osteopath or dentist" to "health care practitioner").
S877A (ACTIVE) - Sponsor Memo
BILL NUMBER: S877A SPONSOR: RIVERA TITLE OF BILL: An act to amend the civil practice law and rules, in relation to chang- ing reference from physician, osteopath or dentist to health care prac- titioner SUMMARY OF SPECIFIC PROVISIONS: Amends rule 2106 section 1 of the civil practice law and rules. Would extend to all licensed health care practitioners to the right of affir- mation of affidavits. JUSTIFICATION: CPLR 2106 was intended to ease the burdens of attorneys who, as a prerequisite to the submission of their own sworn written statement in an action, were required under prior law to find a notary public to administer an oath. The drafters of the CPLR determined that the attor-
S877A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 877--A 2019-2020 Regular Sessions I N S E N A T E January 9, 2019 ___________ Introduced by Sens. RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil practice law and rules, in relation to chang- ing reference from physician, osteopath or dentist to health care practitioner THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Rule 2106 of the civil practice law and rules, as amended by chapter 380 of the laws of 2014, is amended to read as follows: Rule 2106. Affirmation of truth of statement. (a) The statement of an attorney admitted to practice in the courts of the state, or of a [physician, osteopath or dentist] HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR authorized [by] UNDER TITLE EIGHT OF THE EDUCATION law to practice in the state, who is not a party to an action, when subscribed and affirmed by him OR HER to be true under the penalties of perjury, may be served or filed in the action in lieu of and with the same force and effect as an affidavit. (b) The statement of any person, when that person is physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, subscribed and affirmed by that person to be true under the penalties of perjury, may be used in an action in lieu of and with the same force and effect as an affidavit. Such affirmation shall be in substantially the follow- ing form: I affirm this ___ day of ______, ____, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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