Bill Text: NY A02987 | 2023-2024 | General Assembly | Introduced

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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: (Engrossed) 2024-06-05 - RETURNED TO ASSEMBLY [A02987 Detail]

Download: New_York-2023-A02987-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2987

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2023
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Ways and Means

        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
    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.
                                                                   LBD02485-01-3
        A. 2987                             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.  Section 5232 of the civil practice law and rules is  amended  by
    16  adding a new subdivision (i) to read as follows:
    17    (i)  When  the  state of New York, or any of its agencies or municipal
    18  corporations is the judgment creditor, then  notwithstanding  any  other
    19  law  to  the  contrary, the individual or if a corporation, partnership,
    20  limited liability company, or sole proprietorship, through its  officer,
    21  director,  agent or employee to be served, may consent in writing to the
    22  location for or means of  service  including  service  in  the  form  of
    23  magnetic tape or electronic means, as defined in subdivision (f) of rule
    24  twenty-one hundred three of this chapter.
    25    § 4.  This act shall take effect immediately.