Bill Text: NY A03939 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2018-05-30 - reported referred to codes [A03939 Detail]

Download: New_York-2017-A03939-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3939
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section 1. Subdivision 1 of section 89-cc of the general business law,
     2  as added by chapter 340 of the laws of  1986,  is  amended  to  read  as
     3  follows:
     4    1.  Each process server shall maintain a legible record of all service
     5  made by him as prescribed in this section.  [Such records shall be  kept
     6  in  chronological  order  in  a  bound, paginated volume. Corrections in
     7  records shall be made only by drawing a straight line through the  inac-
     8  curate  entry  and  clearly  printing  the accurate information directly
     9  above the inaccurate entry. All other methods of  correction,  including
    10  but  not  limited  to  erasing, opaquing, obliterating or redacting, are
    11  prohibited.] The process server shall preserve such record by submitting
    12  recorded entries to a  third  party  contractor  within  three  days  of
    13  service   or  attempted  service,  provided,  however  that  permissions
    14  pertaining to such data will be secured  so  that  the  data  cannot  be
    15  deleted  upon  submission.  Records  shall  be reported in chronological
    16  order. It shall be unlawful for any process server to tamper  with  data
    17  or  properties  of  any  electronic record kept pursuant to this section
    18  after an image file is made by modifying, amending, deleting,  rearrang-
    19  ing  or in any other way altering any such data or properties including,
    20  but not limited to, using a meta data  scrubber  or  similar  device  or
    21  program.  If  a typographical error has occurred or if data contained in
    22  the process server's record was accidentally omitted from the electronic
    23  data entry, the third party contractor may make an  amendment  in  which
    24  the  original  record shall be identified by entering it in italics. All
    25  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.
                                                                   LBD06000-01-7
        A. 3939                             2
     1  data,  and all data must be available for review upon request of any and
     2  all interested parties.
     3    §  2.  This  act shall take effect on the thirtieth day after it shall
     4  have become a law.