Assembly Bill A5656A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5656

                       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

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. Section 89-bb of the general business  law  is  amended  by
adding a new subdivision 3 to read as follows:
  3.  A  "THIRD  PARTY  CONTRACTOR"  IS  AN  INDEPENDENT THIRD PARTY WHO
PROVIDES SERVICES AND PERFORMS FUNCTIONS DESCRIBED IN SUBDIVISION ONE OF
SECTION EIGHTY-NINE-CC OF THIS ARTICLE FOR THE PURPOSE  OF  MEETING  THE
DATA  STORAGE AND RETRIEVAL REQUIREMENTS SET FORTH THEREIN. FOR PURPOSES
OF THIS ARTICLE, A THIRD PARTY WILL NOT BE CONSIDERED INDEPENDENT  IF  A
PROCESS  SERVER,  OR  ANY  OFFICER  THAT  HAS TEN PERCENT OR MORE OF THE
SHARES OF A PROCESS SERVING AGENCY, HAS ANY INTEREST,  DIRECT  OR  INDI-
RECT, IN SUCH THIRD PARTY.
  S  2.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09577-01-5
              

A. 5656                             2

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
DATA, AND ALL DATA MUST BE AVAILABLE FOR REVIEW UPON REQUEST OF ANY  AND
ALL INTERESTED PARTIES.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.