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S4065Senate2009-2010 SessionSame asA7964

Eliminates requirement that members of the armed services include their serial number in an acknowledgement of receipt of summons and complaint by mail

Sponsor Darrel J. AubertineSD-48Affects Legal
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
Darrel J. Aubertine

Senator · Senate District 48

No co-sponsors yet.

History

  1. Signed chap.222
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading cal.594
  6. Substituted for A7964
  7. Referred to codes
  8. Returned to assembly
  9. Passed senateVote 62–0
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.225
Show 1 earlier action
  1. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7964Assembly

Eliminates requirement that members of the armed services include their serial number in an acknowledgement of receipt of summons and complaint by mail

Assembly Floor Calendar · Sponsor Kenneth Zebrowski

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the civil practice law and rules, in relation to acknowledgement of service forms

Purpose

This bill would remove the requirement that members of the military have to provide social security numbers on acknowledgement of service forms in relation to civil suits.

Summary of provisions

Section 1 of the bill amends CPLR §312-a (d) to remove the requirement that military personnel, being served by mail with process, provide their military serial numbers (which in many cases are the same as their social security numbers) on the acknowledgement of service form.

Section 2 of the bill provides that it shall take effect immediately.

Existing law

The existing statute requires that a military member provide his or her military service number on the acknowledgment form.

Legislative history

This is a new bill.

Statement in support

The Servicemembers Civil Relief Act (50 App. U.S.C. §§ 501-596) provides certain protections to members of the military who are sued in state or federal courts. In accordance with this statute, CPLR §312-a provides that when a defendant is served by mail with process in a civil lawsuit, the defendant shall disclose on an acknowledgement-of-service form whether he or she is in the military. However, this provision also requires the military member to list his or her military serial number on the form. The military, in many cases, uses the member's social security number as the military serial number. This requirement is unnecessary. It is not needed to identify a particular member of the military who has, after all, already been reached by mail, and is responding with an acknowledgement of service. More importantly, the listing of a social security number could facilitate identity theft, as the acknowledgement forms are filed and become public records.

Budget implications

None.

Effective date

This bill would become effective immediately upon enactment.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.