Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
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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Bill Amendments
A5656 - Details
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
James Skoufis
A5656A (ACTIVE) - Details
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