S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8038--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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:
 
   Section 1. Subsection (f) of section 692 of the tax law, as amended by
 chapter 65 of the laws of 1985, is amended to read as follows:
   (f) Execution.--The sheriff or officer  or  employee  shall  thereupon
 proceed  upon  the warrant in all respects, with like effect, and in the
 same manner prescribed by law in respect to  executions  issued  against
 property  upon  judgments  of  a court of record, and a sheriff shall be
 entitled to the same fees for his services in executing the warrant,  to
 be  collected  in the same manner. An officer or employee of the depart-
 ment of taxation and finance may proceed in any county  or  counties  of
 this  state  and shall have all the powers of execution conferred by law
 upon sheriffs, but shall be entitled to no fee or compensation in excess
 of actual expenses paid in connection with the execution of the warrant.
 NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE INDIVIDUAL  OR  IF  A
 CORPORATION,  PARTNERSHIP, LIMITED LIABILITY COMPANY OR SOLE PROPRIETOR-
 SHIP, THROUGH ITS OFFICER, DIRECTOR, AGENT OR EMPLOYEE TO BE SERVED, MAY
 CONSENT IN WRITING TO THE LOCATION FOR OR  MEANS  OF  SERVICE  INCLUDING
 SERVICE  IN THE FORM OF MAGNETIC TAPE OR ELECTRONIC MEANS, AS DEFINED IN
 SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF THE  CIVIL  PRACTICE
 LAW AND RULES.
   §  2.  Subsection  (f)  of  section 1092 of the tax law, as amended by
 chapter 65 of the laws of 1985, is amended to read as follows:
   (f) Execution.---The sheriff or officer or  employee  shall  thereupon
 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.
              

                                                            LBD11751-02-9

 A. 8038--A                          2
 
 same manner prescribed by law in respect to  executions  issued  against
 property  upon  judgments  of  a court of record, and a sheriff shall be
 entitled to the same fees for his services in executing the warrant,  to
 be  collected  in the same manner. An officer or employee of the depart-
 ment of taxation and finance may proceed in any county  or  counties  of
 this  state  and shall have all the powers of execution conferred by law
 upon sheriffs, but shall be entitled to no fee or compensation in excess
 of actual expenses paid in connection with the execution of the warrant.
 NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE INDIVIDUAL  OR  IF  A
 CORPORATION,  PARTNERSHIP, LIMITED LIABILITY COMPANY OR SOLE PROPRIETOR-
 SHIP, THROUGH ITS OFFICER, DIRECTOR, AGENT OR EMPLOYEE TO BE SERVED, MAY
 CONSENT IN WRITING TO THE LOCATION FOR OR  MEANS  OF  SERVICE  INCLUDING
 SERVICE  IN THE FORM OF MAGNETIC TAPE OR ELECTRONIC MEANS, AS DEFINED IN
 SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF THE  CIVIL  PRACTICE
 LAW AND RULES.
   §  3.   Section 5232 of the civil practice law and rules is amended by
 adding a new subdivision (i) to read as follows:
   (I) WHEN THE STATE OF NEW YORK, OR ANY OF ITS  AGENCIES  OR  MUNICIPAL
 CORPORATIONS  IS  THE  JUDGMENT CREDITOR, THEN NOTWITHSTANDING ANY OTHER
 LAW TO THE CONTRARY, THE INDIVIDUAL OR IF  A  CORPORATION,  PARTNERSHIP,
 LIMITED  LIABILITY COMPANY, OR SOLE PROPRIETORSHIP, THROUGH ITS OFFICER,
 DIRECTOR, AGENT OR EMPLOYEE TO BE SERVED, MAY CONSENT IN WRITING TO  THE
 LOCATION  FOR  OR  MEANS  OF  SERVICE  INCLUDING  SERVICE IN THE FORM OF
 MAGNETIC TAPE OR ELECTRONIC MEANS, AS DEFINED IN SUBDIVISION (F) OF RULE
 TWENTY-ONE HUNDRED THREE OF THIS CHAPTER.
   § 4.  This act shall take effect immediately.