S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5240
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2023
                                ___________
 
 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:
 
   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
 same  manner  prescribed  by law in respect to executions issued against
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02485-01-3
              

 S. 5240                             2
 
 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.