Bill Text: NY S07676 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the use of electronic means for the commencement and filing of papers in certain actions and proceedings; repeals provisions relating to residential foreclosure actions involving a home loan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S07676 Detail]
Download: New_York-2017-S07676-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7676 IN SENATE February 6, 2018 ___________ 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 AN ACT to amend the civil practice law and rules, in relation to elec- tronic filing; to amend chapter 237 of the laws of 2015, amending the judiciary law 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; and to repeal paragraph 2-a of subdivision (b) of section 2111 of the civil practice law and rules, relating to residential foreclosure actions involving a home loan The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (A) of paragraph 2 of subdivision (b) of 2 section 2111 of the civil practice law and rules, as added by chapter 3 237 of the laws of 2015, is amended to read as follows: 4 (A) one or more classes of cases (excluding [matrimonial actions as5defined by the civil practice law and rules,] election law proceedings, 6 proceedings brought pursuant to article seventy or seventy-eight of this 7 chapter[,] and proceedings brought pursuant to the mental hygiene law[,8residential foreclosure actions involving a home loan as such term is9defined in section thirteen hundred four of the real property actions10and proceedings law and proceedings related to consumer credit trans-11actions as defined in subdivision (f) of section one hundred five of12this chapter, except that the chief administrator, in accordance with13this paragraph, may eliminate the requirement of consent to participate14in this program insofar as it applies to the initial filing by a repres-15ented party of papers required for the commencement of residential fore-16closure actions involving a home loan as such term is defined in section17thirteen hundred four of the real property actions and proceedings law18and the initial filing by a represented party of papers required for the19commencement of proceedings related to consumer credit transactions asEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14315-01-8S. 7676 2 1defined in subdivision (f) of section one hundred five of this chapter)2in supreme court in such counties as he or she shall specify]), and 3 § 2. Paragraph 2-a of subdivision (b) of section 2111 of the civil 4 practice law and rules is REPEALED. 5 § 3. Section 11 of chapter 237 of the laws of 2015, as amended by 6 chapter 99 of the laws of 2017, is amended to read as follows: 7 § 11. This act shall take effect immediately; provided that sections 8 four, five, six and seven of this act shall each expire and be deemed 9 repealed on the first of September [1, 2019; and provided that paragraph102-a of subdivision (b) of section 2111 of the civil practice law and11rules, as added by section two of this act, shall expire and be deemed12repealed September 1, 2018] in the second calendar year following the 13 year in which rules authorizing a program for the use of electronic 14 means as permitted under such sections first take effect; provided 15 further, that the chief administrator of the courts shall notify the 16 legislative bill drafting commission of the date of such rules first 17 take effect in order that the commission may maintain an accurate and 18 timely effective data base of the official text of the laws of the state 19 of New York in furtherance of effecting the provisions of section 44 of 20 the legislative law and section 70-b of the public officers law. 21 § 4. This act shall take effect immediately.