senate Bill S1735A

Signed By Governor
2021-2022 Legislative Session

Relates to process server records

download bill text pdf

Sponsored By

Current Bill Status Via A1713 - Signed by Governor


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

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Actions

view actions (27)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2022 signed chap.189
Apr 27, 2022 delivered to governor
Mar 22, 2022 returned to assembly
passed senate
3rd reading cal.460
substituted for s1735a
Mar 22, 2022 substituted by a1713a
Mar 14, 2022 amended on third reading 1735a
Mar 14, 2022 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
Mar 02, 2022 referred to economic development
delivered to assembly
passed senate
Feb 14, 2022 advanced to third reading
Feb 09, 2022 2nd report cal.
Feb 08, 2022 1st report cal.460
Jan 05, 2022 referred to consumer protection
returned to senate
died in assembly
May 11, 2021 referred to economic development
delivered to assembly
passed senate
Apr 28, 2021 advanced to third reading
Apr 27, 2021 2nd report cal.
Apr 26, 2021 1st report cal.771
Jan 14, 2021 referred to consumer protection

Votes

view votes

Feb 8, 2022 - Consumer Protection committee Vote

S1735
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 8, 2022

Apr 26, 2021 - Consumer Protection committee Vote

S1735
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 26, 2021

Co-Sponsors

S1735 - Details

See Assembly Version of this Bill:
A1713
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
2019-2020: S4977, A3579

S1735 - Summary

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

S1735 - Sponsor Memo

S1735 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1735
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 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.

Co-Sponsors

S1735A (ACTIVE) - Details

See Assembly Version of this Bill:
A1713
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
2019-2020: S4977, A3579

S1735A (ACTIVE) - Summary

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

S1735A (ACTIVE) - Sponsor Memo

S1735A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1735--A
     Cal. No. 460
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by Sens. SKOUFIS, MANNION -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection  --  recommitted to the Committee on Consumer Protection in
   accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, passed by Senate and delivered  to  the  Assembly,  recalled,
   vote  reconsidered,  restored  to  third  reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 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 OR HER as prescribed in this section.  Such records shall be
 kept, EITHER:
   (A) in chronological order in a bound, paginated  volume.  Corrections
 in  records  shall  be  made only by drawing a straight line through the
 inaccurate 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[.]; OR
   (B)  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  CHRONO-
 LOGICAL  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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