NY State Senate Bill S2997

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2023	referred to codes delivered to assembly passed senate
Mar 08, 2023	advanced to third reading
Mar 01, 2023	2nd report cal.
Feb 28, 2023	1st report cal.409
Jan 26, 2023	referred to judiciary

Votes

Co-Sponsors

S2997 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd R2106, CPLR
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6444
2015-2016: S719
2017-2018: S1090
2019-2020: S877
2021-2022: S3049

S2997 (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").

S2997 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2997

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

 
PURPOSE:

Provides that an affirmation of a health care practitioner may be served
or filed in an action in lieu of and with the same force and effect as
an affidavit.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Rule 2106 of the Civil Practice Law and Rules, pertain-
ing to the affirmation of truth statement, to extend to all licensed
health care practitioners the right of affirmation 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-
ney's professional obligations and the possibility of prosecution for
making a false statement provided sufficient safeguards to dispense with
the need for an appearance by the attorney before a notary public. Thus,
the attorney is authorized by CPLR 2106 to simply sign their own state-
ment and affirm its truth subject to the penalties of perjury. Such
affirmation has the same effect as an affidavit sworn to before a notary
public. Similar considerations of convenience led to an amendment of the
statute in 1973 to extend the same right of affirmation to physicians,
osteopaths, and dentists, whose affidavits are also frequently required
in civil litigation. It is appropriate that this right be extended to
other health care practitioners.

 
PRIOR LEGISLATIVE HISTORY:

2013-2014: S6444/A5142 Gottfried

2015-2016: S719/A447 Gottfried

2017-2018: S1090/A2540 Gottfried

2019-2020: S877A/A784A Gottfried

2021-2022: S2049 Rivera/A197 Gottfried

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

S2997 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2997
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sens. RIVERA, HOYLMAN-SIGAL, 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 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.
                                                            LBD07030-01-3

 S. 2997                             2
 
 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.

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The New York State Senate

senate Bill S2997

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 15, 2023 - floor Vote

Floor Vote: Mar 15, 2023

Feb 28, 2023 - Judiciary committee Vote

Judiciary Committee Vote: Feb 28, 2023

Co-Sponsors

S2997 (ACTIVE) - Details

S2997 (ACTIVE) - Summary

S2997 (ACTIVE) - Sponsor Memo

S2997 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2997

Share this bill

Sponsored By

Gustavo Rivera

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 15, 2023 - floor Vote

Floor Vote: Mar 15, 2023

Feb 28, 2023 - Judiciary committee Vote

Judiciary Committee Vote: Feb 28, 2023

Co-Sponsors

Brad Hoylman-Sigal

Luis R. Sepúlveda

S2997 (ACTIVE) - Details

S2997 (ACTIVE) - Summary

S2997 (ACTIVE) - Sponsor Memo

S2997 (ACTIVE) - Bill Text download pdf

Comments