Assembly Bill A3939

2017-2018 Legislative Session

Relates to process server records

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2017-A3939 (ACTIVE) - Details

See Senate Version of this Bill:
S29
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §89-cc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5656, S4916
2019-2020: A3579, S4977
2021-2022: A1713, S1735

2017-A3939 (ACTIVE) - Summary

Relates to process server records; provides for oversight of process server records by third party contractors.

2017-A3939 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3939
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the general business law, in relation to process  server
   records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 89-cc of the general business law,
 as added by chapter 340 of the laws of  1986,  is  amended  to  read  as
 follows:
   1.  Each process server shall maintain a legible record of all service
 made by him as prescribed in this section.  [Such records shall be  kept
 in  chronological  order  in  a  bound, paginated volume. Corrections in
 records shall be made only by drawing a straight line through the  inac-
 curate  entry  and  clearly  printing  the accurate information directly
 above the inaccurate entry. All other methods of  correction,  including
 but  not  limited  to  erasing, opaquing, obliterating or redacting, are
 prohibited.] THE PROCESS SERVER SHALL PRESERVE SUCH RECORD BY SUBMITTING
 RECORDED ENTRIES TO A  THIRD  PARTY  CONTRACTOR  WITHIN  THREE  DAYS  OF
 SERVICE   OR  ATTEMPTED  SERVICE,  PROVIDED,  HOWEVER  THAT  PERMISSIONS
 PERTAINING TO SUCH DATA WILL BE SECURED  SO  THAT  THE  DATA  CANNOT  BE
 DELETED  UPON  SUBMISSION.  RECORDS  SHALL  BE REPORTED IN CHRONOLOGICAL
 ORDER. IT SHALL BE UNLAWFUL FOR ANY PROCESS SERVER TO TAMPER  WITH  DATA
 OR  PROPERTIES  OF  ANY  ELECTRONIC RECORD KEPT PURSUANT TO THIS SECTION
 AFTER AN IMAGE FILE IS MADE BY MODIFYING, AMENDING, DELETING,  REARRANG-
 ING  OR IN ANY OTHER WAY ALTERING ANY SUCH DATA OR PROPERTIES INCLUDING,
 BUT NOT LIMITED TO, USING A META DATA  SCRUBBER  OR  SIMILAR  DEVICE  OR
 PROGRAM.  IF  A TYPOGRAPHICAL ERROR HAS OCCURRED OR IF DATA CONTAINED IN
 THE PROCESS SERVER'S RECORD WAS ACCIDENTALLY OMITTED FROM THE ELECTRONIC
 DATA ENTRY, THE THIRD PARTY CONTRACTOR MAY MAKE AN  AMENDMENT  IN  WHICH
 THE  ORIGINAL  RECORD SHALL BE IDENTIFIED BY ENTERING IT IN ITALICS. ALL
 THIRD PARTY CONTRACTORS MUST MAINTAIN A DAILY BACKUP  OF  ALL  SUBMITTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.