Bill Text: NY S07135 | 2021-2022 | General Assembly | Amended

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Bill Title: Authorizes the service of notice by electronic communication.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2021-08-02 - SIGNED CHAP.387 [S07135 Detail]

Download: New_York-2021-S07135-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7135--A
            Cal. No. 1594

                               2021-2022 Regular Sessions

                    IN SENATE

                                      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:

     1    Section 1. Section 33 of the labor law, as amended by chapter  756  of
     2  the laws of 1975, is amended to read as follows:
     3    §  33. Service of notice. [Whenever] 1. Notwithstanding any other law,
     4  rule, or regulation, whenever the commissioner or board  or  any  person
     5  affected by the provisions of this chapter is required to give notice in
     6  writing  to  any  person,  such  notice  may be given by mailing it in a
     7  letter addressed to [such person at his] the last known place  of  busi-
     8  ness  [or]  of  such  person,  by  delivering  it  to  [him]  the person
     9  personally, or by electronic  communication  with  the  consent  of  the
    10  person  in accordance with subdivision two of this section.  Notice to a
    11  partnership may be given to any of  the  partners  [and],  notice  to  a
    12  corporation  may be given to any officer or agent thereof, and notice to
    13  a limited liability company may be given to any member or agent thereof,
    14  upon whom a summons may be served as provided by the civil practice  law
    15  and rules, or by electronic communication with the consent of the entity
    16  in  accordance  with  subdivision  two  of this section. Consent for any
    17  entity may be provided by a partner, officer, agent, member,  owner,  or
    18  other  similar individual. Whenever an order or demand of the department
    19  is required to be served it shall be served in the  manner  hereinbefore
    20  provided  for  the  service  of  a  notice [or], by delivering it to any
    21  person of suitable age and discretion in charge of the premises affected
    22  by such order or demand, or by electronic communication with the consent
    23  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

     1  no  person  is  found in charge by affixing a copy thereof conspicuously
     2  upon the premises.
     3    2.  For  the  purposes  of  this  section, a person or entity shall be
     4  deemed to have consented to electronic  communication  if,  having  been
     5  advised  conspicuously  that enrollment or registration is voluntary and
     6  that they may continue to receive notices by mail or personal service as
     7  provided in this section, they instead affirmatively choose  to  receive
     8  notices by electronic communications only.
     9    § 2. This act shall take effect immediately.