senate Bill S4916

2015-2016 Legislative Session

Relates to process server records

download bill text pdf

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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

view actions (17)
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

Votes

view votes

Mar 1, 2016 - Consumer Protection committee Vote

S4916A
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 1, 2016

May 28, 2015 - Consumer Protection committee Vote

S4916
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 28, 2015

aye wr (1)

S4916 - Details

Law Section:
General Business Law
Laws Affected:
Amd §§89-bb & 89-cc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S29
2019-2020: S4977
2021-2022: S1735

S4916 - Summary

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

S4916 - Sponsor Memo

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

Law Section:
General Business Law
Laws Affected:
Amd §§89-bb & 89-cc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S29
2019-2020: S4977
2021-2022: S1735

S4916A (ACTIVE) - Summary

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

S4916A (ACTIVE) - Sponsor Memo

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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