Bill Text: NY A05656 | 2015-2016 | 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 2-0)

Status: (Introduced - Dead) 2016-05-24 - reported referred to codes [A05656 Detail]

Download: New_York-2015-A05656-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5656--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 3, 2015
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Economic Development --  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 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09577-02-5
       A. 5656--A                          2
    1  THIRD  PARTY  CONTRACTORS  MUST MAINTAIN A DAILY BACKUP OF ALL SUBMITTED
    2  DATA, AND ALL DATA MUST BE AVAILABLE FOR REVIEW UPON REQUEST OF ANY  AND
    3  ALL INTERESTED PARTIES.
    4    S  2.  This  act shall take effect on the thirtieth day after it shall
    5  have become a law.