| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jun 02, 2022 | ordered to third reading rules cal.596 substituted for a197 |
| May 05, 2022 | referred to codes delivered to assembly passed senate |
| May 02, 2022 | advanced to third reading |
| Apr 27, 2022 | 2nd report cal. |
| Apr 26, 2022 | 1st report cal.895 |
| Jan 05, 2022 | referred to judiciary returned to senate died in assembly |
| Mar 11, 2021 | referred to codes delivered to assembly passed senate |
| Mar 01, 2021 | advanced to third reading |
| Feb 24, 2021 | 2nd report cal. |
| Feb 23, 2021 | 1st report cal.410 |
| Jan 27, 2021 | referred to judiciary |
senate Bill S3049
2021-2022 Legislative Session
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
Co-Sponsors
Brad Hoylman-Sigal
(D, WF) 47th Senate District
Luis R. Sepúlveda
(D) 32nd Senate District
S3049 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A197
- 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
2019-2020: S877, A784
2023-2024: S2997
S3049 (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").
S3049 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3049 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-
S3049 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3049
2021-2022 Regular Sessions
I N S E N A T E
January 27, 2021
___________
Introduced by Sens. RIVERA, HOYLMAN, SEPULVEDA -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
ary
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
territory or insular possession subject to the jurisdiction of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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