Bill Text: NY A01713 | 2021-2022 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-05-09 - signed chap.189 [A01713 Detail]

Download: New_York-2021-A01713-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1713--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    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:

     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 or her as prescribed in this section.  Such records shall be
     6  kept, either:
     7    (a) in chronological order in a bound, paginated  volume.  Corrections
     8  in  records  shall  be  made only by drawing a straight line through the
     9  inaccurate entry and clearly printing the accurate information  directly
    10  above  the  inaccurate entry. All other methods of correction, including
    11  but not limited to erasing, opaquing,  obliterating  or  redacting,  are
    12  prohibited[.]; or
    13    (b)  by submitting recorded entries to a third party contractor within
    14  three days of service  or  attempted  service,  provided,  however  that
    15  permissions  pertaining  to  such  data will be secured so that the data
    16  cannot be deleted upon submission. Records shall be reported in  chrono-
    17  logical  order.  It  shall  be unlawful for any process server to tamper
    18  with data or properties of any electronic record kept pursuant  to  this
    19  section  after  an  image file is made by modifying, amending, deleting,
    20  rearranging or in any other way altering any  such  data  or  properties
    21  including,  but  not  limited  to, using a meta data scrubber or similar
    22  device or program. If a typographical error  has  occurred  or  if  data
    23  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.
                                                                   LBD00170-02-1
        A. 1713--A                          2

     1  the electronic data entry, the third party contractor may make an amend-
     2  ment in which the original record shall be identified by entering it  in
     3  italics. All third party contractors must maintain a daily backup of all
     4  submitted  data,  and all data must be available for review upon request
     5  of any and all interested parties.
     6    § 2. This act shall take effect on the thirtieth day  after  it  shall
     7  have become a law.