Bill Text: NY S06408 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to the use of electronic means for the commencement and filing of papers in certain actions and proceedings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-06-19 - SUBSTITUTED BY A8127 [S06408 Detail]
Download: New_York-2017-S06408-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6408--A Cal. No. 1137 2017-2018 Regular Sessions IN SENATE May 17, 2017 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading AN ACT to amend the judiciary law, the civil practice law and rules and chapter 237 of the laws of 2015 amending the judiciary law, the civil practice law and rules and other laws relating to use of electronic means for the commencement and filing of papers in certain actions and proceedings, in relation to the use of electronic means for the commencement and filing of papers in certain actions and proceedings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Clause (A) of subparagraph (i) of paragraph (t) of subdivi- 2 sion 2 of section 212 of the judiciary law, as added by chapter 237 of 3 the laws of 2015, is amended to read as follows: 4 (A) Not later than [April] February first in each calendar year, the 5 chief administrator of the courts shall submit to the legislature, the 6 governor and the chief judge of the state a report evaluating the 7 state's experience with programs in the use of electronic means for the 8 commencement of actions and proceedings and the service of papers there- 9 in as authorized by law and containing such recommendations for further 10 legislation as he or she shall deem appropriate. In the preparation of 11 such report, the chief administrator shall consult with each county 12 clerk in whose county a program has been implemented in civil cases in 13 the supreme court, the advisory committees established pursuant to 14 subparagraphs (ii) through (vi) of this paragraph, the organized bar 15 including but not limited to city, state, county and women's bar associ- 16 ations; the office of indigent legal services; institutional legal 17 service providers; not-for-profit legal service providers; public defen- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11264-03-7S. 6408--A 2 1 ders; attorneys assigned pursuant to article eighteen-B of the county 2 law; unaffiliated attorneys who regularly appear in proceedings that are 3 or have been affected by any programs that have been implemented or who 4 may be affected by the proposed recommendations for further legislation; 5 representatives of victims' rights organizations; and any other persons 6 in whose county a program has been implemented in any of the courts 7 therein as deemed to be appropriate by the chief administrator, and 8 afford them an opportunity to submit comments with respect to such 9 implementation for inclusion in the report and address any such 10 comments. 11 Public comments shall also be sought via a prominent posting on the 12 website of the office of court administration. All comments received 13 from any source shall be posted for public review on the same website. 14 § 1-a. Clause (A) of subparagraph (i) of paragraph (u) of subdivision 15 2 of section 212 of the judiciary law, as added by chapter 237 of the 16 laws of 2015 and as relettered by section 1 of part BB of chapter 55 of 17 the laws of 2017, is amended to read as follows: 18 (A) Not later than [April] February first in each calendar year, the 19 chief administrator of the courts shall submit to the legislature, the 20 governor and the chief judge of the state a report evaluating the 21 state's experience with programs in the use of electronic means for the 22 commencement of actions and proceedings and the service of papers there- 23 in as authorized by law and containing such recommendations for further 24 legislation as he or she shall deem appropriate. In the preparation of 25 such report, the chief administrator shall consult with each county 26 clerk in whose county a program has been implemented in civil cases in 27 the supreme court, the advisory committees established pursuant to 28 subparagraphs (ii) through (vi) of this paragraph, the organized bar 29 including but not limited to city, state, county and women's bar associ- 30 ations; the office of indigent legal services; institutional legal 31 service providers; not-for-profit legal service providers; public defen- 32 ders; attorneys assigned pursuant to article eighteen-B of the county 33 law; unaffiliated attorneys who regularly appear in proceedings that are 34 or have been affected by any programs that have been implemented or who 35 may be affected by the proposed recommendations for further legislation; 36 representatives of victims' rights organizations; and any other persons 37 in whose county a program has been implemented in any of the courts 38 therein as deemed to be appropriate by the chief administrator, and 39 afford them an opportunity to submit comments with respect to such 40 implementation for inclusion in the report and address any such 41 comments. 42 Public comments shall also be sought via a prominent posting on the 43 website of the office of court administration. All comments received 44 from any source shall be posted for public review on the same website. 45 § 2. Section 2112 of the civil practice law and rules, as added by 46 chapter 237 of the laws of 2015, is amended to read as follows: 47 § 2112. Filing of papers in the appellate division by electronic 48 means. Notwithstanding any other provision of law, and except as other- 49 wise provided in subdivision (c) of section twenty-one hundred eleven of 50 this article, the appellate division in each judicial department may 51 promulgate rules authorizing a program in the use of electronic means 52 for: (i) appeals to such court from the judgment or order of a court of 53 original instance or from that of another appellate court, (ii) making a 54 motion for permission to appeal to such court, (iii) commencement of any 55 other proceeding that may be brought in such court, and (iv) the filing 56 and service of papers in pending actions and proceedings. ProvidedS. 6408--A 3 1 however, [the appellate division may not eliminate the requirement of2consent to participation in appeals in such a program involving matrimo-3nial actions as defined by this chapter, election law proceedings,4proceedings brought pursuant to article seventy or seventy-eight of this5chapter, proceedings brought pursuant to the mental hygiene law, resi-6dential foreclosure actions involving a home loan as such term is7defined in section thirteen hundred four of the real property actions8and proceedings law and proceedings related to consumer credit trans-9actions as defined in subdivision (f) of section one hundred five of10this chapter; and] such rules shall not require an unrepresented party 11 or any attorney who furnishes a certificate specified in subparagraph 12 (A) or (B) of paragraph three of subdivision (b) of section twenty-one 13 hundred eleven of this article to take or perfect an appeal by electron- 14 ic means. Provided further, however, before promulgating any such rules, 15 the appellate division in each judicial department shall consult with 16 the chief administrator of the courts and shall provide an opportunity 17 for review and comment by all those who are or would be affected includ- 18 ing city, state, county and women's bar associations; institutional 19 legal service providers; not-for-profit legal service providers; attor- 20 neys assigned pursuant to article eighteen-B of the county law; unaffil- 21 iated attorneys who regularly appear in proceedings that are or have 22 been affected by the programs that have been implemented or who may be 23 affected by promulgation of rules concerning the use of the electronic 24 filing program in the appellate division of any judicial department; and 25 any other persons in whose county a program has been implemented in any 26 of the courts therein as deemed to be appropriate by any appellate divi- 27 sion. To the extent practicable, rules promulgated by the appellate 28 division in each judicial department pursuant to this section shall be 29 uniform. 30 § 3. Section 11 of chapter 237 of the laws of 2015 amending the judi- 31 ciary law, the civil practice law and rules and other laws relating to 32 use of electronic means for the commencement and filing of papers in 33 certain actions and proceedings is amended to read as follows: 34 § 11. This act shall take effect immediately; provided that sections 35 four, five, six and seven of this act shall each expire and be deemed 36 repealed September 1, 2019; and provided that paragraph 2-a of subdivi- 37 sion (b) of section 2111 of the civil practice law and rules, as added 38 by section two of this act, shall expire and be deemed repealed Septem- 39 ber 1, [2017] 2018. 40 § 4. This act shall take effect immediately provided, however the 41 amendments to subdivision 2 of section 212 of the judiciary law made by 42 section one-a of this act shall take effect on the same date and in the 43 same manner as section 1 of part BB of chapter 55 of the laws of 2017, 44 takes effect.
