Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 11, 2009 |
recommit, enacting clause stricken |
Feb 19, 2009 |
referred to cities |
Senate Bill S2394
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Stricken
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R) Senate District
2009-S2394 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2575
- Law Section:
- General Municipal Law
- Laws Affected:
- Amd ยง50-e, Gen Muni L
2009-S2394 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2394 TITLE OF BILL : An act to amend the general municipal law, in relation to establishing criteria for notice of claim to be filed and served when done by electronic means in a city having a population of over one million PURPOSE : To require any city with a population of over one million inhabitants to accept service of a notice of claim filed by electronic means. SUMMARY OF PROVISIONS : Section one amends section 50-e of the General Municipal Law by adding a new paragraph (e) to subdivision 3 to allow a notice of claim to be filed electronically through the Internet in any city with a population of over one million. The new section would also provide that any notice of claim that is filed by electronic means shall contain the same information as required for a written notice and a declaration certifying the truth of the contents of the notice. Section two amends subdivision 5 of section 50-e of the General Municipal Law by authorizing the courts, when considering whether to grant a motion to a claimant who applies to the court to file a late notice of claim, to consider whether claimant's failure to file a timely notice of claim was due to the technical failure of the
2009-S2394 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2394 2009-2010 Regular Sessions I N S E N A T E February 19, 2009 ___________ Introduced by Sens. DeFRANCISCO, VOLKER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Cities AN ACT to amend the general municipal law, in relation to establishing criteria for notice of claim to be filed and served when done by elec- tronic means in a city having a population of over one million THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 3 of section 50-e of the general municipal law, as amended by chapter 745 of the laws of 1976, is amended and a new paragraph (e) is added to read as follows: (a) The notice shall be served on the public corporation against which the claim is made by delivering a copy thereof personally, or by regis- tered or certified mail, to the person designated by law as one to whom a summons in an action in the supreme court issued against such corpo- ration may be delivered, or to an attorney regularly engaged in repres- enting such public corporation OR, IN A CITY WITH A POPULATION OF OVER ONE MILLION, BY ELECTRONIC MEANS IN A FORM AND MANNER PRESCRIBED BY SUCH CITY. (E) IF THE NOTICE IS SERVED BY ELECTRONIC MEANS, AS DEFINED IN PARA- GRAPH TWO OF SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, IT SHALL CONTAIN THE INFORMATION REQUIRED UNDER THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. IN ADDITION, SUCH NOTICE SHALL CONTAIN THE FOLLOWING DECLARATION: "I CERTIFY THAT ALL INFORMATION CONTAINED IN THIS NOTICE IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I UNDERSTAND THAT THE WILLFUL MAKING OF ANY FALSE STATEMENT OF MATERIAL FACT HEREIN WILL SUBJECT ME TO CRIMINAL PENALTIES AND CIVIL LIABILITIES." SERVICE OF THE NOTICE SHALL BE COMPLETE UPON SUCCESSFUL TRANSMISSION OF THE NOTICE AS INDICATED BY AN ELECTRONIC RECEIPT PROVIDED BY SUCH CITY, WHICH SHALL TRANSMIT AN ELEC- TRONIC RECEIPT NUMBER TO THE CLAIMANT FORTHWITH. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01596-01-9
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