| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Mar 22, 2016 | referred to economic development delivered to assembly passed senate |
| Mar 07, 2016 | advanced to third reading |
| Mar 02, 2016 | 2nd report cal. |
| Mar 01, 2016 | 1st report cal.258 |
| Jan 06, 2016 | referred to consumer protection returned to senate died in assembly |
| Jun 15, 2015 | referred to economic development delivered to assembly passed senate |
| Jun 08, 2015 | amended on third reading 4916a |
| Jun 02, 2015 | advanced to third reading |
| Jun 01, 2015 | 2nd report cal. |
| May 28, 2015 | 1st report cal.1036 |
| Apr 23, 2015 | referred to consumer protection |
senate Bill S4916A
2015-2016 Legislative Session
Sponsored By
Martin J. Golden
(R, C, IP) 0 Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Votes
Bill Amendments
S4916 - Details
S4916 - Sponsor Memo
BILL NUMBER:S4916 TITLE OF BILL: An act to amend the general business law, in relation to process server records PURPOSE: To eliminate the mandated redundancy and duplication of efforts in record keeping by a process server that has incurred since the inception of NYC municipal laws that now mandate a digital record requirement. SUMMARY OF PROVISIONS: Section one of this bill amends section 89-bb of the General Business Law adding a new subdivision 3 to define the term "third party contrac- tor" to mean "an independent third party who provides services and perform functions described in section 89-cc(1) for the purpose of meet- ing the data storage retrieval requirements set forth therein." Section of this bill amends subdivision 1 of sec. 89-cc of the General Business Law, to eliminate the requirement that process servers maintain a bound volume containing his or her service record and to require that such records be maintained electronically by a third party contractor. Each process server will be required to submit his or her records to the third party contractor within three days of service or attempted service.
S4916 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4916
2015-2016 Regular Sessions
I N S E N A T E
April 23, 2015
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
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
S4916A (ACTIVE) - Details
S4916A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4916A TITLE OF BILL: An act to amend the general business law, in relation to process server records PURPOSE: To eliminate the mandated redundancy and duplication of efforts in record keeping by a process server that has incurred since the inception of NYC municipal laws that now mandate a digital record requirement. SUMMARY OF PROVISIONS: Section one of this bill amends subdivision 1 of section 89-cc of the General Business Law to provide that a process server must preserve a record by submitting recorded entries to a third party contractor within three days of service or attempted service as long as permissions pertaining to the data will be secured so that the data cannot be deleted upon submission. It is further provided that records must be reported in chronological order, and it will be unlawful for any process server to tamper with data or properties of any electronic record after an image file is made by modifying, amending, deleting, rearranging or altering any data or properties using a meta data scrubber or any other similar device. If a typographical error was made or if there was an accidental omission form the electronic data entry, the third party contractor can make an amendment by identifying it in the original record through the use of italics. All third party
S4916A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4916--A
Cal. No. 1036
2015-2016 Regular Sessions
I N S E N A T E
April 23, 2015
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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