Senate Bill S29

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

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2017-S29 (ACTIVE) - Details

See Assembly Version of this Bill:
A3939
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Amd §89-cc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4916, A5656
2019-2020: S4977, A3579
2021-2022: S1735, A1713

2017-S29 (ACTIVE) - Summary

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

2017-S29 (ACTIVE) - Sponsor Memo

2017-S29 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    29
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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