Bill Text: NY S05881 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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) 2020-03-03 - REPORTED AND COMMITTED TO FINANCE [S05881 Detail]
Download: New_York-2019-S05881-Introduced.html
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) 2020-03-03 - REPORTED AND COMMITTED TO FINANCE [S05881 Detail]
Download: New_York-2019-S05881-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5881 2019-2020 Regular Sessions IN SENATE May 16, 2019 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Budget and Revenue AN ACT to amend the tax law, 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 24 same manner prescribed by law in respect to executions issued against EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11751-01-9S. 5881 2 1 property upon judgments of a court of record, and a sheriff shall be 2 entitled to the same fees for his services in executing the warrant, to 3 be collected in the same manner. An officer or employee of the depart- 4 ment of taxation and finance may proceed in any county or counties of 5 this state and shall have all the powers of execution conferred by law 6 upon sheriffs, but shall be entitled to no fee or compensation in excess 7 of actual expenses paid in connection with the execution of the warrant. 8 Notwithstanding any other law to the contrary, the individual or if a 9 corporation, partnership, limited liability company or sole proprietor- 10 ship, through its officer, director, agent or employee to be served, may 11 consent in writing to the location for or means of service including 12 service in the form of magnetic tape or electronic means, as defined in 13 subdivision (f) of rule twenty-one hundred three of the civil practice 14 law and rules. 15 § 3. This act shall take effect immediately.