New York 2025-2026 Regular Session

New York Senate Bill S08397

Introduced
6/8/25  
Refer
6/8/25  
Engrossed
6/12/25  
Refer
6/12/25  

Caption

Permits process to be served electronically by certain entities on the secretary of state for certain purposes.

Impact

The implications of S08397 are quite significant for state laws governing business operations and legal proceedings. It modernizes existing regulations, aligning them more closely with contemporary practices utilized in digital communication and documentation. By allowing electronic service, the bill is expected to streamline legal processing from local governments to the Secretary of State, enabling more efficient handling of legal procedures. This move is also likely to enhance accessibility for individuals and businesses wishing to engage in legal actions against corporations or formations registered in New York.

Summary

Bill S08397 amends various laws including the Business Corporation Law, General Associations Law, Limited Liability Company Law, Not-for-Profit Corporation Law, Partnership Law, and Real Property Law to permit electronic service of process by state entities on the Secretary of State. This significant change means that legal documents can now be formally served electronically, potentially speeding up legal processes and reducing the need for physical delivery methods, which could save time and resources for both the state and associated parties. The bill outlines that as long as the proper procedures are followed, including payment of any necessary fees, service will be considered complete once accepted by the Secretary of State's office.

Contention

Notably, there are discussions surrounding the security and reliability of electronic submissions. Critics may express concerns about cyber-security issues, such as unauthorized access or outages affecting the ability to serve processes effectively. They might also argue that some individuals or businesses may not have equal access to technology, potentially creating disparities in accessing justice. However, proponents argue that this transition reflects a necessary step forward in legal refinement, enhancing governmental efficiency and improving the overall experience for users engaging with the legal system.

Companion Bills

No companion bills found.

Previously Filed As

NY A798

Requires State entities to offer optional service for businesses to receive certain notices electronically.

NY S736

Requires State entities to offer optional service for businesses to receive certain notices electronically.

NY S09890

Prohibits the use of automatic license plate reader systems or captured plate data by government entities except for certain purposes.

NY A10808

Prohibits the use of automatic license plate reader systems or captured plate data by government entities except for certain purposes.

NY S3154

Requires MVC to provide certain services electronically to certain individuals and entities.

NY A08729

Prohibits the collection or processing of an individual's location information except for a permissible purpose; requires an entity collecting location information for the provision of multiple permissible purpose to maintain a location privacy policy obtain consent from the individual the information pertains to; prohibits the disclosure or sale of such information except for certain purposes; provides remedies for violations.

NY S08175

Allows certain methods for service of process including by electronic means.

NY A08408

Allows certain methods for service of process including by electronic means.

NY A10424

Ensures the public has virtual access to public service commission proceedings and may file documents electronically.

NY S08747

Includes entities that provide employment or services to formerly incarcerated persons in the preferred source exemption for purposes of state purchasing.

Similar Bills

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LA HB1037

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LA HB528

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AR SB63

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CA AB655

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IA HSB665

A bill for an act providing for certain business entities acting under the jurisdiction of the secretary of state by providing for the removal of information from a filing based on a sworn affidavit and administrative dissolution based on the response to interrogatories.(See HF 2678.)

IA SSB3165

A bill for an act providing for certain business entities acting under the jurisdiction of the secretary of state by providing for the removal of information from a filing based on a sworn affidavit and administrative dissolution based on the response to interrogatories.(See SF 2402.)