S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1713--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Economic Development -- reported and referred to the  Committee
   on  Codes  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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,
 REARRANGING 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00170-02-1

 A. 1713--A                          2
 
 THE ELECTRONIC DATA ENTRY, THE THIRD PARTY CONTRACTOR MAY MAKE AN AMEND-
 MENT 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  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.