assembly Bill A3939

2017-2018 Legislative Session

Relates to process server records

download bill text pdf

Sponsored By

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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 30, 2018 reported referred to codes
Jan 03, 2018 referred to economic development
Jan 30, 2017 referred to economic development

Co-Sponsors

A3939 (ACTIVE) - Details

See Senate Version of this Bill:
S29
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §89-cc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5656, S4916
2019-2020: A3579, S4977
2021-2022: A1713, S1735

A3939 (ACTIVE) - Summary

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

A3939 (ACTIVE) - Bill Text download pdf


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

                                  3939

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2017
                               ___________

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. 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
THIRD PARTY CONTRACTORS MUST MAINTAIN A DAILY BACKUP  OF  ALL  SUBMITTED

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