S T A T E O F N E W Y O R K ________________________________________________________________________ 8368--A R. R. 354 2011-2012 Regular Sessions I N A S S E M B L Y June 14, 2011 ___________ Introduced by M. of A. WEINSTEIN, P. RIVERA -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judiciary -- passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on the special order of third reading AN ACT to amend chapter 367 of the laws of 1999, amending the civil practice law and rules and the judiciary law relating to authorization of pilot programs permitting use of facsimile transmission or elec- tronic means to commence an action or special proceeding, in relation to specifying courts and actions in which pilot programs will be authorized to permit use of electronic means to commence an action or proceeding; and to amend chapter 416 of the laws of 2009, amending the civil practice law and rules relating to service of papers by elec- tronic means, in relation to the establishment of advisory committees to implement laws to effect service of papers by electronic means THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The legislature finds and declares that use of electronic 2 means to commence judicial proceedings and to file and serve papers in 3 pending proceedings ("e-filing") can be highly beneficial to the state, 4 local governments and the public. Accordingly, it is the purpose of this 5 measure to enable a further controlled expansion of e-filing in the 6 civil courts of the state; and to lay the groundwork for an anticipated 7 future introduction of e-filing in criminal and family courts. 8 S 2. The first unnumbered paragraph and clauses (i), (iv), (v), (xi) 9 and (xii) of subparagraph 1, and subparagraphs 2 and 3 of paragraph (B) 10 of subdivision (b) of section 6 of chapter 367 of the laws of 1999, 11 amending the civil practice law and rules and the judiciary law relating 12 to authorization of pilot programs permitting use of facsimile trans- 13 mission or electronic means to commence an action or special proceeding, 14 the first unnumbered paragraph of subparagraph 1, subparagraph 3 as EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11953-09-1 A. 8368--A 2 1 amended by chapter 528 of the laws of 2010 and clauses (i), (iv), (v), 2 (xi) and (xii) of subparagraph 1 and subparagraph 2 as amended by chap- 3 ter 416 of the laws of 2009, are amended and a new clause (xiii) is 4 added to subparagraph 1 to read as follows: 5 The supreme court [of] IN COUNTIES WITHIN THE CITY OF New York [and 6 Westchester counties] in the following classes of cases [provided that 7 the amount in controversy (exclusive of punitive damages, interest, 8 costs, disbursements and counsel fees claimed) is over $100,000]: 9 (i) Breach of contract [(regardless of amount in controversy)] or 10 fiduciary duty, fraud, misrepresentation, business tort (including but 11 not limited to actions involving claims of unfair competition), or stat- 12 utory and/or common law violation where the breach or violation is 13 alleged to arise out of business dealings (including but not limited to 14 sales of assets or securities; corporate restructuring; partnership, 15 shareholder, joint venture, and other business agreements; trade 16 secrets; restrictive covenants; and employment agreements not including 17 claims that principally involve alleged discriminatory practices); 18 (iv) Shareholder derivative actions[, without consideration of the 19 monetary threshold]; 20 (v) Commercial class actions[, without consideration of the monetary 21 threshold]; 22 (xi) Dissolution of corporations, partnerships, limited liability 23 companies, limited liability partnerships and joint ventures[, without 24 consideration of the monetary threshold]; [and] 25 (xii) Applications to stay or compel arbitration and affirm or disaf- 26 firm arbitration awards and related injunctive relief pursuant to arti- 27 cle 75 of the civil practice law and rules involving any of the forego- 28 ing enumerated commercial issues[, without consideration of the monetary 29 threshold]; AND 30 (XIII) BREACH OF CONTRACT CASES OTHER THAN THOSE SPECIFIED IN CLAUSE 31 (I) OF THIS SUBPARAGRAPH. 32 2. Tort cases in supreme court in [Westchester county] COUNTIES WITHIN 33 THE CITY OF NEW YORK, and 34 3. One or more classes of cases (excluding matrimonial actions as 35 defined by the civil practice law and rules, election law proceedings, 36 proceedings brought pursuant to article 78 of the civil practice law and 37 rules, and proceedings brought pursuant to the mental hygiene law) in 38 supreme court in Livingston, Monroe, Rockland [and], Tompkins, ALLEGANY, 39 ESSEX, ONONDAGA AND WESTCHESTER counties[.], AND 40 S 3. Paragraph (B) of subdivision (b) of section 6 of chapter 367 of 41 the laws of 1999, amending the civil practice law and rules and the 42 judiciary law relating to authorization of pilot programs permitting use 43 of facsimile transmission or electronic means to commence an action or 44 special proceeding, is amended by adding two new subparagraphs 4 and 5 45 to read as follows: 46 4. ONE OR MORE CLASSES OF CASES IN SURROGATE'S COURT IN SUCH COUNTIES 47 AS THE CHIEF ADMINISTRATOR SHALL SPECIFY, AND 48 5. ACTIONS IN THE CIVIL COURT OF THE CITY OF NEW YORK BROUGHT BY A 49 PROVIDER OF HEALTH CARE SERVICES SPECIFIED IN PARAGRAPH (1) OF 50 SUBSECTION (A) OF SECTION 5102 OF THE INSURANCE LAW AGAINST AN INSURER 51 FOR FAILURE TO COMPLY WITH RULES AND REGULATIONS PROMULGATED BY THE 52 SUPERINTENDENT OF INSURANCE PURSUANT TO SUBSECTION (B) OF SECTION 5108 53 OF SUCH LAW. 54 S 4. The closing paragraph of paragraph (B) of subdivision (b) of 55 section 6 of chapter 367 of the laws of 1999, amending the civil prac- 56 tice law and rules and the judiciary law relating to authorization of A. 8368--A 3 1 pilot programs permitting use of facsimile transmission or electronic 2 means to commence an action or special proceeding, as amended by chapter 3 528 of the laws of 2010, is amended to read as follows: 4 Notwithstanding the foregoing, the chief administrator may not elimi- 5 nate the requirement of consent until after he or she shall have 6 consulted with members of the organized bar and with the county clerk in 7 any county in which such elimination shall apply (WHERE THE AFFECTED 8 COURT IS THE SUPREME COURT OF A COUNTY OUTSIDE THE CITY OF NEW YORK), 9 have afforded them the opportunity to submit comments with respect ther- 10 eto, have considered any such comments and, in the instance of the coun- 11 ties specified in subparagraph three of this paragraph, have obtained 12 the agreement thereto of the respective county clerks thereof. 13 S 5. Section 6 of chapter 416 of the laws of 2009 amending the civil 14 practice law and rules relating to service of papers by electronic 15 means, as amended by chapter 528 of the laws of 2010, is amended to read 16 as follows: 17 S 6. (a) Not later than April first in each calendar year, commencing 18 in the year 2011, the chief administrator of the courts shall submit to 19 the legislature, the governor and the chief judge of the state a report 20 evaluating the state's experience with [the program] PROGRAMS in the use 21 of electronic means for the commencement of [civil] actions and 22 proceedings and the service of papers therein as authorized by [this 23 act] LAW and containing such recommendations for further legislation as 24 he or she shall deem appropriate, including, in particular, legislation 25 to enable broader use of [the program] SUCH PROGRAMS without the 26 requirement of consent to participation [in the counties specified in 27 subparagraphs 1 and 2 of paragraph (B) of subdivision (b) of section 6 28 of chapter 367 of the laws of 1999, amending the civil practice law and 29 rules and the judiciary law, relating to the authorization of pilot 30 programs permitting the use of facsimile transmission or electronic 31 means to commence an action or special proceeding, as amended, and in 32 counties not now specified in subparagraph 3 of such paragraph (B)]. In 33 the preparation of such report, the chief administrator shall consult 34 with each county clerk in whose county [the] A program has been imple- 35 mented IN CIVIL CASES IN THE SUPREME COURT, THE ADVISORY COMMITTEES 36 ESTABLISHED PURSUANT TO SUBDIVISIONS (B), (C) AND (D) OF THIS SECTION, 37 THE ORGANIZED BAR INCLUDING BUT NOT LIMITED TO CITY, STATE, COUNTY AND 38 WOMEN'S BAR ASSOCIATIONS; INSTITUTIONAL LEGAL SERVICE PROVIDERS; 39 NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; PUBLIC DEFENDERS; ATTORNEYS 40 ASSIGNED PURSUANT TO ARTICLE 18-B OF THE COUNTY LAW; UNAFFILIATED ATTOR- 41 NEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE OR HAVE BEEN AFFECTED 42 BY ANY PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO MAY BE AFFECTED BY THE 43 PROPOSED RECOMMENDATIONS FOR FURTHER LEGISLATION; REPRESENTATIVES OF 44 VICTIMS' RIGHTS ORGANIZATIONS; AND ANY OTHER PERSONS IN WHOSE COUNTY A 45 PROGRAM HAS BEEN IMPLEMENTED IN ANY OF THE COURTS THEREIN AS DEEMED TO 46 BE APPROPRIATE BY THE CHIEF ADMINISTRATOR, AND afford [him or her] THEM 47 an opportunity to submit comments with respect to such implementation 48 for inclusion in the report and [consider] ADDRESS any such comments. 49 (b) (1) The chief administrator of the courts shall create an advisory 50 committee to consult with him or her in the implementation of [this act] 51 LAWS AFFECTING THE PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE 52 COMMENCEMENT OF CIVIL ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING 53 OF PAPERS THEREIN in the supreme court. This committee shall consist of 54 such number of members as the chief administrator shall designate, [no] 55 AMONG WHICH THERE SHALL BE REPRESENTATIVES OF THE ORGANIZED BAR INCLUD- 56 ING BUT NOT LIMITED TO CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS; A. 8368--A 4 1 INSTITUTIONAL LEGAL SERVICE PROVIDERS; NOT-FOR-PROFIT LEGAL SERVICE 2 PROVIDERS; UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS 3 THAT ARE OR HAVE BEEN AFFECTED BY THE PROGRAMS THAT HAVE BEEN IMPLE- 4 MENTED OR WHO MAY BE AFFECTED BY ANY RECOMMENDATIONS FOR FURTHER LEGIS- 5 LATION CONCERNING THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF 6 ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN 7 THE SUPREME COURT; AND ANY OTHER PERSONS IN WHOSE COUNTY A PROGRAM HAS 8 BEEN IMPLEMENTED IN ANY OF THE COURTS THEREIN AS DEEMED TO BE APPROPRI- 9 ATE BY THE CHIEF ADMINISTRATOR. NO fewer than half [to] OF THE MEMBERS 10 OF THIS ADVISORY COMMITTEE SHALL be upon the recommendation of the New 11 York State Association of County Clerks. 12 (2) THE CHIEF ADMINISTRATOR SHALL CREATE AN ADVISORY COMMITTEE TO 13 CONSULT WITH HIM OR HER IN THE IMPLEMENTATION OF LAWS AFFECTING THE 14 PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF ACTIONS 15 AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN THE 16 SURROGATE'S COURT. THIS COMMITTEE SHALL CONSIST OF SUCH NUMBER OF 17 MEMBERS AS THE CHIEF ADMINISTRATOR SHALL DESIGNATE, AMONG WHICH THERE 18 SHALL BE CHIEF CLERKS OF SURROGATE'S COURTS; REPRESENTATIVES OF THE 19 ORGANIZED BAR INCLUDING BUT NOT LIMITED TO CITY, STATE, COUNTY AND 20 WOMEN'S BAR ASSOCIATIONS; INSTITUTIONAL PROVIDERS OF LEGAL SERVICES; 21 NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; ATTORNEYS ASSIGNED PURSUANT TO 22 ARTICLE 18-B OF THE COUNTY LAW; UNAFFILIATED ATTORNEYS WHO REGULARLY 23 APPEAR IN PROCEEDINGS THAT ARE OR HAVE BEEN AFFECTED BY THE PROGRAMS 24 THAT HAVE BEEN IMPLEMENTED OR WHO MAY BE AFFECTED BY ANY RECOMMENDATIONS 25 FOR FURTHER LEGISLATION CONCERNING THE USE OF ELECTRONIC MEANS FOR THE 26 COMMENCEMENT OF ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING OF 27 PAPERS THEREIN IN THE SURROGATE'S COURT; AND ANY OTHER PERSONS IN WHOSE 28 COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN ANY OF THE COURTS THEREIN AS 29 DEEMED TO BE APPROPRIATE BY THE CHIEF ADMINISTRATOR. 30 (3) THE CHIEF ADMINISTRATOR SHALL CREATE AN ADVISORY COMMITTEE TO 31 CONSULT WITH HIM OR HER IN THE IMPLEMENTATION OF LAWS AFFECTING THE 32 PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF ACTIONS 33 AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN THE 34 CIVIL COURT OF THE CITY OF NEW YORK. THIS COMMITTEE SHALL CONSIST OF 35 SUCH NUMBER OF MEMBERS AS THE CHIEF ADMINISTRATOR SHALL DESIGNATE, AMONG 36 WHICH THERE SHALL BE THE CHIEF CLERK OF THE CIVIL COURT OF THE CITY OF 37 NEW YORK; REPRESENTATIVES OF THE ORGANIZED BAR INCLUDING BUT NOT LIMITED 38 TO CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS; ATTORNEYS WHO REGU- 39 LARLY APPEAR IN ACTIONS SPECIFIED IN SUBPARAGRAPH 5 OF PARAGRAPH (B) OF 40 SUBDIVISION (B) OF SECTION 6 OF CHAPTER 367 OF THE LAWS OF 1999; AND 41 UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE OR 42 HAVE BEEN AFFECTED BY THE PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO MAY 43 BE AFFECTED BY ANY RECOMMENDATIONS FOR FURTHER LEGISLATION CONCERNING 44 THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF ACTIONS AND 45 PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN THE CIVIL 46 COURT OF THE CITY OF NEW YORK; AND ANY OTHER PERSONS AS DEEMED APPROPRI- 47 ATE BY THE CHIEF ADMINISTRATOR. 48 (C)(1) THE CHIEF ADMINISTRATOR SHALL CREATE AN ADVISORY COMMITTEE TO 49 CONSULT WITH HIM OR HER REGARDING THE DEVELOPMENT OF A PROGRAM RELATING 50 TO THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF CRIMINAL ACTIONS 51 AND THE FILING AND SERVICE OF PAPERS IN PENDING CRIMINAL ACTIONS AND 52 PROCEEDINGS. THE COMMITTEE SHALL CONSIST OF SUCH NUMBER OF MEMBERS AS 53 WILL ENABLE THE CHIEF ADMINISTRATOR TO OBTAIN INPUT FROM THOSE WHO WOULD 54 BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAM, AND SUCH MEMBERS SHALL 55 INCLUDE COUNTY CLERKS; CHIEF CLERKS OF SUPREME, COUNTY AND OTHER COURTS; 56 DISTRICT ATTORNEYS; NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; PUBLIC A. 8368--A 5 1 DEFENDERS; STATEWIDE AND LOCAL SPECIALTY BAR ASSOCIATIONS WHOSE MEMBER- 2 SHIP DEVOTES A SIGNIFICANT PORTION OF THEIR PRACTICE TO ASSIGNED CRIMI- 3 NAL CASES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION 3 4 OF SECTION 722 OF THE COUNTY LAW; INSTITUTIONAL PROVIDERS OF CRIMINAL 5 DEFENSE SERVICES AND OTHER MEMBERS OF THE CRIMINAL DEFENSE BAR; REPRE- 6 SENTATIVES OF VICTIMS' RIGHTS ORGANIZATIONS; UNAFFILIATED ATTORNEYS WHO 7 REGULARLY APPEAR IN PROCEEDINGS THAT WOULD BE AFFECTED BY SUCH ELECTRON- 8 IC FILING PROGRAM AND OTHER INTERESTED MEMBERS OF THE CRIMINAL JUSTICE 9 COMMUNITY. SUCH COMMITTEE SHALL HELP THE CHIEF ADMINISTRATOR TO EVALUATE 10 THE IMPACT OF SUCH ELECTRONIC FILING PROGRAM ON LITIGANTS INCLUDING 11 UNREPRESENTED PARTIES, PRACTITIONERS AND THE COURTS AND TO OBTAIN INPUT 12 FROM THOSE WHO WOULD BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAM, 13 INCLUDING DISTRICT ATTORNEYS, NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS, 14 PUBLIC DEFENDERS, STATEWIDE AND LOCAL SPECIALTY BAR ASSOCIATIONS WHOSE 15 MEMBERSHIP DEVOTES A SIGNIFICANT PORTION OF THEIR PRACTICE TO ASSIGNED 16 CRIMINAL CASES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVI- 17 SION 3 OF SECTION 722 OF THE COUNTY LAW, INSTITUTIONAL PROVIDERS OF 18 CRIMINAL DEFENSE SERVICES AND OTHER MEMBERS OF THE CRIMINAL DEFENSE BAR, 19 REPRESENTATIVES OF VICTIMS' RIGHTS ORGANIZATIONS, UNAFFILIATED ATTORNEYS 20 WHO REGULARLY APPEAR IN PROCEEDINGS THAT WOULD BE AFFECTED BY SUCH ELEC- 21 TRONIC FILING PROGRAM AND OTHER INTERESTED MEMBERS OF THE CRIMINAL 22 JUSTICE COMMUNITY. 23 (2) NO LATER THAN JANUARY 1, 2012, THE CHIEF ADMINISTRATOR OF THE 24 COURTS SHALL SUBMIT TO THE LEGISLATURE, THE GOVERNOR AND THE CHIEF JUDGE 25 OF THE STATE A REPORT OF THE EVALUATION INCLUDING THE ENTITIES OR INDI- 26 VIDUALS CONSULTED, THE INPUT RECEIVED, ANY RECOMMENDATIONS OF THE ADVI- 27 SORY COMMITTEE TO THE CHIEF ADMINISTRATOR, ALONG WITH RECOMMENDATIONS 28 FOR LEGISLATION AUTHORIZING THE DEVELOPMENT OF A PROGRAM RELATING TO THE 29 USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF CRIMINAL ACTIONS AND THE 30 FILING AND SERVICE OF PAPERS IN PENDING CRIMINAL ACTIONS AND 31 PROCEEDINGS. 32 (D) (1) THE CHIEF ADMINISTRATOR SHALL CREATE AN ADVISORY COMMITTEE TO 33 CONSULT WITH HIM OR HER REGARDING THE DEVELOPMENT OF A PROGRAM RELATING 34 TO THE USE OF ELECTRONIC MEANS FOR THE ORIGINATION OF JUVENILE DELIN- 35 QUENCY PROCEEDINGS UNDER ARTICLE 3 OF THE FAMILY COURT ACT AND ABUSE OR 36 NEGLECT PROCEEDINGS PURSUANT TO ARTICLE 10 OF THE FAMILY COURT ACT IN 37 FAMILY COURT AND THE FILING AND SERVICE OF PAPERS IN SUCH PENDING 38 PROCEEDINGS. THE COMMITTEE SHALL CONSIST OF SUCH NUMBER OF MEMBERS AS 39 WILL ENABLE THE CHIEF ADMINISTRATOR TO OBTAIN INPUT FROM THOSE WHO WOULD 40 BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAMS, AND SUCH MEMBERS SHALL 41 INCLUDE CHIEF CLERKS OF FAMILY COURTS; REPRESENTATIVES OF AUTHORIZED 42 PRESENTMENT AND CHILD PROTECTIVE AGENCIES; OTHER APPROPRIATE COUNTY AND 43 CITY GOVERNMENT OFFICIALS; INSTITUTIONAL PROVIDERS OF LEGAL SERVICES FOR 44 CHILDREN AND/OR PARENTS; NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; PUBLIC 45 DEFENDERS; ATTORNEYS ASSIGNED PURSUANT TO ARTICLE 18-B OF THE COUNTY 46 LAW; AND OTHER MEMBERS OF THE FAMILY COURT BAR; REPRESENTATIVES OF 47 VICTIMS' RIGHTS ORGANIZATIONS; UNAFFILIATED ATTORNEYS WHO REGULARLY 48 APPEAR IN PROCEEDINGS THAT WOULD BE AFFECTED BY SUCH ELECTRONIC FILING 49 PROGRAM; AND OTHER INTERESTED MEMBERS OF THE FAMILY PRACTICE COMMUNITY. 50 SUCH COMMITTEE SHALL HELP THE CHIEF ADMINISTRATOR TO EVALUATE THE IMPACT 51 OF SUCH ELECTRONIC FILING PROGRAM ON LITIGANTS INCLUDING UNREPRESENTED 52 PARTIES, PRACTITIONERS AND THE COURTS AND TO OBTAIN INPUT FROM THOSE WHO 53 WOULD BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAM, INCLUDING REPRESEN- 54 TATIVES OF AUTHORIZED PRESENTMENT AND CHILD PROTECTIVE AGENCIES, OTHER 55 APPROPRIATE COUNTY AND CITY GOVERNMENT OFFICIALS, INSTITUTIONAL PROVID- 56 ERS OF LEGAL SERVICES FOR CHILDREN AND/OR PARENTS, NOT-FOR-PROFIT LEGAL A. 8368--A 6 1 SERVICE PROVIDERS, PUBLIC DEFENDERS, ATTORNEYS ASSIGNED PURSUANT TO 2 ARTICLE 18-B OF THE COUNTY LAW AND OTHER MEMBERS OF THE FAMILY COURT 3 BAR, REPRESENTATIVES OF VICTIMS' RIGHTS ORGANIZATIONS, UNAFFILIATED 4 ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT WOULD BE AFFECTED BY 5 SUCH ELECTRONIC FILING PROGRAM, AND OTHER INTERESTED MEMBERS OF THE 6 CRIMINAL JUSTICE COMMUNITY. 7 (2) NO LATER THAN JANUARY 1, 2012, THE CHIEF ADMINISTRATOR OF THE 8 COURTS SHALL SUBMIT TO THE LEGISLATURE, THE GOVERNOR AND THE CHIEF JUDGE 9 OF THE STATE A REPORT OF THE EVALUATION INCLUDING THE ENTITIES OR INDI- 10 VIDUALS CONSULTED, INPUT RECEIVED, ANY RECOMMENDATIONS OF THE ADVISORY 11 COMMITTEE TO THE CHIEF ADMINISTRATOR, ALONG WITH RECOMMENDATIONS FOR 12 LEGISLATION AUTHORIZING THE DEVELOPMENT OF A PROGRAM RELATING TO THE USE 13 OF ELECTRONIC MEANS FOR THE ORIGINATION OF JUVENILE DELINQUENCY 14 PROCEEDINGS UNDER ARTICLE 3 OF THE FAMILY COURT ACT AND ABUSE OR NEGLECT 15 PROCEEDINGS PURSUANT TO ARTICLE 10 OF THE FAMILY COURT ACT IN FAMILY 16 COURT AND THE FILING AND SERVICE OF PAPERS IN SUCH PENDING PROCEEDINGS. 17 S 6. Section 7 of chapter 416 of the laws of 2009 amending the civil 18 practice law and rules relating to service of papers by electronic means 19 is amended to read as follows: 20 S 7. This act shall take effect on September 1, 2009; provided, howev- 21 er, that no rule adopted pursuant to paragraph (B) of subdivision (b) of 22 section 6 of chapter 367 of the laws of 1999, as added by section two of 23 this act, shall take effect until at least one hundred eighty days have 24 elapsed after such effective date, and provided that such paragraph (B) 25 shall expire and be deemed repealed September 1, [2012] 2015. 26 S 7. This act shall take effect immediately; provided, however, that 27 the amendments to paragraph (B) of subdivision (b) of section 6 of chap- 28 ter 367 of the laws of 1999 made by sections two, three and four of this 29 act shall not affect the repeal of such provisions and shall expire and 30 be deemed repealed therewith.