S T A T E   O F   N E W   Y O R K
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                                  1735--A
     Cal. No. 460
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by Sens. SKOUFIS, MANNION -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection  --  recommitted to the Committee on Consumer Protection in
   accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, passed by Senate and delivered  to  the  Assembly,  recalled,
   vote  reconsidered,  restored  to  third  reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00170-03-1
 S. 1735--A                          2
 
 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
 THE ELECTRONIC DATA ENTRY, THE THIRD PARTY CONTRACTOR MAY MAKE AN AMEND-
 MENT 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  DATA,  AND ALL DATA MUST BE AVAILABLE FOR REVIEW UPON REQUEST
 OF ANY AND ALL INTERESTED PARTIES.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.