S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7135--A
     Cal. No. 1594
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 2, 2021
                                ___________
 
 Introduced  by  Sen. RAMOS -- (at request of the Department of Labor) --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Rules  --  ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading

 AN ACT to amend the labor law, in relation  to  authorizing  service  of
   notice by electronic communication
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 33 of the labor law, as amended by chapter  756  of
 the laws of 1975, is amended to read as follows:
   §  33. Service of notice. [Whenever] 1. NOTWITHSTANDING ANY OTHER LAW,
 RULE, OR REGULATION, WHENEVER the commissioner or board  or  any  person
 affected by the provisions of this chapter is required to give notice in
 writing  to  any  person,  such  notice  may be given by mailing it in a
 letter addressed to [such person at his] THE last known place  of  busi-
 ness  [or]  OF  SUCH  PERSON,  by  delivering  it  to  [him]  THE PERSON
 personally, OR BY ELECTRONIC  COMMUNICATION  WITH  THE  CONSENT  OF  THE
 PERSON  IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION.  Notice to a
 partnership may be given to any of  the  partners  [and],  notice  to  a
 corporation  may be given to any officer or agent thereof, AND NOTICE TO
 A LIMITED LIABILITY COMPANY MAY BE GIVEN TO ANY MEMBER OR AGENT THEREOF,
 upon whom a summons may be served as provided by the civil practice  law
 and rules, OR BY ELECTRONIC COMMUNICATION WITH THE CONSENT OF THE ENTITY
 IN  ACCORDANCE  WITH  SUBDIVISION  TWO  OF THIS SECTION. CONSENT FOR ANY
 ENTITY MAY BE PROVIDED BY A PARTNER, OFFICER, AGENT, MEMBER,  OWNER,  OR
 OTHER  SIMILAR INDIVIDUAL. Whenever an order or demand of the department
 is required to be served it shall be served in the  manner  hereinbefore
 provided  for  the  service  of  a  notice [or], by delivering it to any
 person of suitable age and discretion in charge of the premises affected
 by such order OR DEMAND, OR BY ELECTRONIC COMMUNICATION WITH THE CONSENT
 OF THE PERSON IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, or  if
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09616-06-1

 S. 7135--A                          2
 
 no  person  is  found in charge by affixing a copy thereof conspicuously
 upon the premises.
   2.  FOR  THE  PURPOSES  OF  THIS  SECTION, A PERSON OR ENTITY SHALL BE
 DEEMED TO HAVE CONSENTED TO ELECTRONIC  COMMUNICATION  IF,  HAVING  BEEN
 ADVISED  CONSPICUOUSLY  THAT ENROLLMENT OR REGISTRATION IS VOLUNTARY AND
 THAT THEY MAY CONTINUE TO RECEIVE NOTICES BY MAIL OR PERSONAL SERVICE AS
 PROVIDED IN THIS SECTION, THEY INSTEAD AFFIRMATIVELY CHOOSE  TO  RECEIVE
 NOTICES BY ELECTRONIC COMMUNICATIONS ONLY.
   § 2. This act shall take effect immediately.