Bill Text: NY S00576 | 2021-2022 | 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: (Introduced - Dead) 2022-01-05 - REFERRED TO BUDGET AND REVENUE [S00576 Detail]

Download: New_York-2021-S00576-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           576

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        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 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.
                                                                   LBD05599-01-1
        S. 576                              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.