| 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 |
senate Bill S4977
2019-2020 Legislative Session
Sponsored By
James Skoufis
(D) 42nd 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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S4977 (ACTIVE) - Details
S4977 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4977 SPONSOR: SKOUFIS 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 1. To amend 89-bb of the general business law adding a new subdivision 3 to read A "third party contractor" is an independent third party who provides services and perform functions described in subdivi- sion one of sec.89-cc for the purpose of meeting the data storage retrieval requirements. Section 2. Subdivision 1 of sec. 89-cc of the general business law,
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.
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