senate Bill S4977

2019-2020 Legislative Session

Relates to process server records

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 27, 2020 referred to economic development
delivered to assembly
passed senate
Jan 22, 2020 advanced to third reading
Jan 21, 2020 2nd report cal.
Jan 15, 2020 1st report cal.196
Jan 08, 2020 referred to consumer protection
returned to senate
died in assembly
Jun 11, 2019 referred to economic development
delivered to assembly
passed senate
May 29, 2019 advanced to third reading
May 22, 2019 2nd report cal.
May 21, 2019 1st report cal.874
Apr 03, 2019 referred to consumer protection

Votes

view votes

Jan 15, 2020 - Consumer Protection committee Vote

S4977
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Jan 15, 2020

May 21, 2019 - Consumer Protection committee Vote

S4977
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 21, 2019

S4977 (ACTIVE) - Details

See Assembly Version of this Bill:
A3579
Law Section:
General Business Law
Laws Affected:
Amd §89-cc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4916, A5656
2017-2018: S29, A3939
2021-2022: S1735, A1713

S4977 (ACTIVE) - Summary

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

S4977 (ACTIVE) - Sponsor Memo

S4977 (ACTIVE) - Bill Text download pdf


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

                                  4977

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              April 3, 2019
                               ___________

Introduced  by  Sen. SKOUFIS -- 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
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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.