| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Feb 27, 2018 | referred to economic development delivered to assembly passed senate |
| Feb 13, 2018 | advanced to third reading |
| Feb 12, 2018 | 2nd report cal. |
| Feb 06, 2018 | 1st report cal.412 |
| Jan 03, 2018 | referred to consumer protection returned to senate died in assembly |
| Mar 02, 2017 | referred to economic development delivered to assembly passed senate |
| Mar 01, 2017 | advanced to third reading |
| Feb 28, 2017 | 2nd report cal. |
| Feb 14, 2017 | 1st report cal.246 |
| Jan 04, 2017 | referred to consumer protection |
senate Bill S29
2017-2018 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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S29 (ACTIVE) - Details
S29 (ACTIVE) - Sponsor Memo
BILL NUMBER: S29 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
S29 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
29
2017-2018 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2017
___________
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. 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
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