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.