NY State Senate Bill 2023-S7801

Senate Bill S7801

2023-2024 Legislative Session

Requires proof of service to include the server's perception of certain characteristics of the person to whom personal service of a summons was delivered

download bill text pdf

Current Bill Status Via A8081 - Delivered to Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 15, 2024	delivered to governor
Jun 06, 2024	returned to assembly passed senate 3rd reading cal.946 substituted for s7801a
Jun 06, 2024	substituted by a8081b
May 21, 2024	amended on third reading 7801a
May 13, 2024	advanced to third reading
May 08, 2024	2nd report cal.
May 07, 2024	1st report cal.946
Jan 03, 2024	referred to judiciary
Dec 11, 2023	referred to rules

Votes

- Jun 6, 2024 - Floor Vote
  A8081
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Lanza
      
      excused (1)
      
      Walczyk
  May 7, 2024 - Judiciary Committee Vote
  S7801
  
  12
  
  Aye
  
  0
  
  Nay
  
  6
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 7, 2024
      
      aye (12)
      
      Bailey
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Mayer
      
      Myrie
      
      Ramos
      
      Ryan
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      aye wr (6)
      
      Canzoneri-Fitzpatrick
      
      Lanza
      
      Martins
      
      Palumbo
      
      Rhoads
      
      Thomas
      
      absent (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

2023-S7801 - Details

Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd R306, CPLR

2023-S7801 - Summary

Enacts the stop civil discrimination act requiring proof of service to include the server's perception of certain characteristics of the person to whom personal service of a summons was delivered.

2023-S7801 - Sponsor Memo

                                 
BILL NUMBER: S7801

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to requir-
ing proof of service to include the server's perception of various char-
acteristics of the recipient in the description of the person to whom
personal service of a summons was delivered

 
PURPOSE OR GENERAL IDEA OF BILL:

Replace "sex, color of skin" with "perceived gender, race" in the civil
practice law and rules.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision (b) of rule 306 of the civil
practice law and rules by replacing "sex, color of skin" with "perceived
gender, race"

JUSTIFICATION:

The phrase "color of skin" in the current text of subdivision (b) of
rule 306 of the civil practice law and rules, is offensive and anachron-
istic. For instance, when affirming that they have served legal papers
to a person of Asian descent, people interpreting the regulation liter-
ally have filed that you describe them as "yellow."  This description is
offensive to some Asian Americans while not being reflective of their
actual skin color. This bill rectifies this issue by substituting "race"
for "color of skin."

The phrase "sex" in the current text of subdivision (b) of rule 306 of
the civil practice law and rules, is similarly exclusive, particularly
when the individual being served is transgender or gender-nonconforming.

Transgender individuals may be assumed to be one sex when in fact they
are another and therefore the court will receive incorrect information.

This bill therefore replaces "sex" with "perceived gender." This bill
will fix these problematic aspects of the service process and be more
inclusive to New Yorkers of all backgrounds.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7801 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7801
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 11, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing proof of service to include the  server's  perception  of  various
   characteristics  of  the recipient in the description of the person to
   whom personal service of a summons was delivered
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Short title. This act shall be known and may be cited as
 the "stop civil discrimination act".
   § 2.  Subdivision (b) of rule 306 of the civil practice law and rules,
 as amended by chapter 103 of the laws of 1977, is  amended  to  read  as
 follows:
   (b)  Personal service. Whenever service is made pursuant to this arti-
 cle by delivery of the summons to an individual, proof of service  shall
 also include, in addition to any other requirement, a description of the
 person to whom it was so delivered, including, but not limited to, [sex,
 color of skin] THE PERSON'S PERCEIVED: GENDER, RACE, hair color, approx-
 imate   age,  approximate  weight  and  height,  and  other  identifying
 features.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13038-03-3

2023-S7801A (ACTIVE) - Details

Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd R306, CPLR

2023-S7801A (ACTIVE) - Summary

Enacts the stop civil discrimination act requiring proof of service to include the server's perception of certain characteristics of the person to whom personal service of a summons was delivered.

2023-S7801A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7801A

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to requir-
ing proof of service to include the server's perception of various char-
acteristics of the recipient in the description of the person to whom
personal service of a summons was delivered

 
PURPOSE OR GENERAL IDEA OF BILL:

Replace "sex, color of skin" with "perceived gender, race" in the civil
practice law and rules.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision (b) of rule 306 of the civil
practice law and rules by replacing "sex, color of skin" with "the proc-
ess server's perception of the person's: gender, race"

JUSTIFICATION:

The phrase "color of skin" in the current text of subdivision (b) of
rule 306 of the civil practice law and rules, is offensive and anachron-
istic. For instance, when affirming that they have served legal papers
to a person of Asian descent, people interpreting the regulation liter-
ally have filed that you describe them as "yellow."  This is an offen-
sive term for Asian American individuals. This bill rectifies this issue
by substituting "race" for "color of skin."

The phrase "sex" in the current text of subdivision (b) of rule 306 of
the civil practice law and rules, is similarly exclusive, particularly
when the individual being served is transgender or gender-nonconforming.
Transgender individuals may be assumed to be one sex when in fact they
are another and therefore the court will receive incorrect information.
This bill therefore replaces "sex" with "perceived gender." This bill
will fix these problematic aspects of the service process and be more
inclusive to New Yorkers of all backgrounds.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7801A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7801--A
     Cal. No. 946
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 11, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing  proof  of  service  to include the server's perception of various
   characteristics of the recipient in the description of the  person  to
   whom personal service of a summons was delivered
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Short title. This act shall be known and may be  cited  as
 the "stop civil discrimination act".
   § 2.  Subdivision (b) of rule 306 of the civil practice law and rules,
 as  amended  by  chapter  103 of the laws of 1977, is amended to read as
 follows:
   (b) Personal service. Whenever service is made pursuant to this  arti-
 cle  by delivery of the summons to an individual, proof of service shall
 also include, in addition to any other requirement, a description of the
 person to whom it was so delivered, including, but not limited to, [sex,
 color of skin] THE PROCESS SERVER'S PERCEPTION OF THE PERSON'S:  GENDER,
 RACE,  hair  color,  approximate age, approximate weight and height, and
 other identifying features.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13038-05-4

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