S T A T E O F N E W Y O R K
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3939
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
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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.
LBD06000-01-7
A. 3939 2
DATA, AND ALL DATA MUST BE AVAILABLE FOR REVIEW UPON REQUEST OF ANY AND
ALL INTERESTED PARTIES.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.