Assembly Bill A1713

Signed By Governor
2021-2022 Legislative Session

Relates to process server records

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Archive: Last Bill Status - Signed by Governor

  • 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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Bill Amendments

2021-A1713 - Details

See Senate Version of this Bill:
S1735
Law Section:
General Business Law
Laws Affected:
Amd §89-cc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5656, S4916
2017-2018: A3939, S29
2019-2020: A3579, S4977

2021-A1713 - Summary

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

2021-A1713 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1713
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 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.

2021-A1713A (ACTIVE) - Details

See Senate Version of this Bill:
S1735
Law Section:
General Business Law
Laws Affected:
Amd §89-cc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5656, S4916
2017-2018: A3939, S29
2019-2020: A3579, S4977

2021-A1713A (ACTIVE) - Summary

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

2021-A1713A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1713--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Economic Development -- reported and referred to the  Committee
   on  Codes  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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 OR HER as prescribed in this section.  Such records shall be
 kept, EITHER:
   (A) in chronological order in a bound, paginated  volume.  Corrections
 in  records  shall  be  made only by drawing a straight line through the
 inaccurate 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[.]; OR
   (B)  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  CHRONO-
 LOGICAL  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,
 REARRANGING 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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