Bill Text: NY A08038 | 2019-2020 | General Assembly | Amended

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Bill Title: Permits consent for service in the form of magnetic tape or through electronic means for certain collection procedures by the sheriff's office or an officer or employee of the department of taxation and finance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A08038 Detail]

Download: New_York-2019-A08038-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8038--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 31, 2019
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the tax law and the civil practice law and rules, in
          relation to permitting consent for service in  the  form  of  magnetic
          tape or through electronic means for certain collection procedures

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subsection (f) of section 692 of the tax law, as amended by
     2  chapter 65 of the laws of 1985, is amended to read as follows:
     3    (f) Execution.--The sheriff or officer  or  employee  shall  thereupon
     4  proceed  upon  the warrant in all respects, with like effect, and in the
     5  same manner prescribed by law in respect to  executions  issued  against
     6  property  upon  judgments  of  a court of record, and a sheriff shall be
     7  entitled to the same fees for his services in executing the warrant,  to
     8  be  collected  in the same manner. An officer or employee of the depart-
     9  ment of taxation and finance may proceed in any county  or  counties  of
    10  this  state  and shall have all the powers of execution conferred by law
    11  upon sheriffs, but shall be entitled to no fee or compensation in excess
    12  of actual expenses paid in connection with the execution of the warrant.
    13  Notwithstanding any other law to the contrary, the individual  or  if  a
    14  corporation,  partnership, limited liability company or sole proprietor-
    15  ship, through its officer, director, agent or employee to be served, may
    16  consent in writing to the location for or  means  of  service  including
    17  service  in the form of magnetic tape or electronic means, as defined in
    18  subdivision (f) of rule twenty-one hundred three of the  civil  practice
    19  law and rules.
    20    §  2.  Subsection  (f)  of  section 1092 of the tax law, as amended by
    21  chapter 65 of the laws of 1985, is amended to read as follows:
    22    (f) Execution.---The sheriff or officer or  employee  shall  thereupon
    23  proceed  upon  the warrant in all respects, with like effect, and in the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11751-02-9
        A. 8038--A                          2

     1  same manner prescribed by law in respect to  executions  issued  against
     2  property  upon  judgments  of  a court of record, and a sheriff shall be
     3  entitled to the same fees for his services in executing the warrant,  to
     4  be  collected  in the same manner. An officer or employee of the depart-
     5  ment of taxation and finance may proceed in any county  or  counties  of
     6  this  state  and shall have all the powers of execution conferred by law
     7  upon sheriffs, but shall be entitled to no fee or compensation in excess
     8  of actual expenses paid in connection with the execution of the warrant.
     9  Notwithstanding any other law to the contrary, the individual  or  if  a
    10  corporation,  partnership, limited liability company or sole proprietor-
    11  ship, through its officer, director, agent or employee to be served, may
    12  consent in writing to the location for or  means  of  service  including
    13  service  in the form of magnetic tape or electronic means, as defined in
    14  subdivision (f) of rule twenty-one hundred three of the  civil  practice
    15  law and rules.
    16    §  3.   Section 5232 of the civil practice law and rules is amended by
    17  adding a new subdivision (i) to read as follows:
    18    (i) When the state of New York, or any of its  agencies  or  municipal
    19  corporations  is  the  judgment creditor, then notwithstanding any other
    20  law to the contrary, the individual or if  a  corporation,  partnership,
    21  limited  liability company, or sole proprietorship, through its officer,
    22  director, agent or employee to be served, may consent in writing to  the
    23  location  for  or  means  of  service  including  service in the form of
    24  magnetic tape or electronic means, as defined in subdivision (f) of rule
    25  twenty-one hundred three of this chapter.
    26    § 4.  This act shall take effect immediately.