assembly Bill A5656A

2015-2016 Legislative Session

Relates to process server records

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 24, 2016 reported referred to codes
Jan 06, 2016 referred to economic development
Jun 03, 2015 print number 5656a
Jun 03, 2015 amend and recommit to economic development
Mar 03, 2015 referred to economic development

A5656 - Details

See Senate Version of this Bill:
S4916
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §89-cc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3939, S29
2019-2020: A3579, S4977
2021-2022: A1713, S1735

A5656 - Summary

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

A5656 - Bill Text download pdf

                    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

Co-Sponsors

A5656A (ACTIVE) - Details

See Senate Version of this Bill:
S4916
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §89-cc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3939, S29
2019-2020: A3579, S4977
2021-2022: A1713, S1735

A5656A (ACTIVE) - Summary

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

A5656A (ACTIVE) - Bill Text download pdf

                    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:

  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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09577-02-5