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S5533Senate2011-2012 SessionSame asA8455

Relates to service of process upon the secretary of state

Sponsor John J. BonacicSD-42Affects Legal
Status
Vetoed
Impact
Pending
Outcome
Vetoed

Bill progress

Vetoed

What's happening

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Who cares

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Sponsors

Primary sponsor
John J. Bonacic

Senator · Senate District 42

Chair, JudiciaryChair, Racing, Gaming And Wagering

No co-sponsors yet.

History

  1. Vetoed memo.137
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading cal.294
  6. Substituted for A8455
  7. Referred to judiciary
  8. Delivered to assembly
  9. Passed senateVote 59–0
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.141
Show 6 earlier actions
  1. Referred to corporations, authorities and commissions
  2. Committed to rules
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.1019
  6. Referred to corporations, authorities and commissions

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.

A8455Assembly

Relates to service of process upon the secretary of state

Assembly Floor Calendar · Sponsor Helene Weinstein

Full text

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

Sponsor's memo

BILL NUMBER:S5533

Title of bill

An act to amend the business corporation law, the executive law, the general associations law, the limited liability company law, the not-for-profit corporation law, the partnership law, and the real property law, in relation to service of process

Summary of provisions

This bill would amend certain provisions of the Business Corporation Law, Executive Law, General Associations Law, Limited Liability Company Law, Not-for-Profit Corporation Law, Partnership Law, and Real Property Law to allow for service of process on the Secretary of State either at the office of the Department of State in the City of Albany or at any of his or her regularly established offices.

Reasons for support

Whenever summonses against corporate entities cannot be served at those entities' principal place of business, or where determining the principal place of business is impracticable, the Secretary of State is served in Albany as the corporate entity's authorized agent for service of process pursuant to the laws that would be amended by this bill. Three New York City agencies alone - the Department of Transportation (NYCDOT), Department of Buildings (DOB), and Fire Department (FDNY) - spend approximately $188,000 annually on service of summonses on the Secretary of State in Albany, either by their own employees traveling to Albany, or by contracting with a vendor to perform service. Further, each trip to Albany requires that weather conditions are feasible for travel to and from the city.

Enabling service at the Secretary of State's established office in New York City would decrease the operational cost and administrative burden of service and would increase City agencies' ability to issue summonses in order to have non-compliant conditions rectified.

Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.

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