STATE OF NEW YORK
________________________________________________________________________
4916--A
Cal. No. 1036
2015-2016 Regular Sessions
IN SENATE
April 23, 2015
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
reported favorably from said committee, ordered to first and second
report, ordered to a 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:
1 Section 1. Subdivision 1 of section 89-cc of the general business law,
2 as added by chapter 340 of the laws of 1986, is amended to read as
3 follows:
4 1. Each process server shall maintain a legible record of all service
5 made by him as prescribed in this section. [Such records shall be kept
6 in chronological order in a bound, paginated volume. Corrections in
7 records shall be made only by drawing a straight line through the inac-
8 curate entry and clearly printing the accurate information directly
9 above the inaccurate entry. All other methods of correction, including
10 but not limited to erasing, opaquing, obliterating or redacting, are
11 prohibited.] The process server shall preserve such record by submitting
12 recorded entries to a third party contractor within three days of
13 service or attempted service, provided, however that permissions
14 pertaining to such data will be secured so that the data cannot be
15 deleted upon submission. Records shall be reported in chronological
16 order. It shall be unlawful for any process server to tamper with data
17 or properties of any electronic record kept pursuant to this section
18 after an image file is made by modifying, amending, deleting, rearrang-
19 ing or in any other way altering any such data or properties including,
20 but not limited to, using a meta data scrubber or similar device or
21 program. If a typographical error has occurred or if data contained in
22 the process server's record was accidentally omitted from the electronic
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09577-03-5
S. 4916--A 2
1 data entry, the third party contractor may make an amendment in which
2 the original record shall be identified by entering it in italics. All
3 third party contractors must maintain a daily backup of all submitted
4 data, and all data must be available for review upon request of any and
5 all interested parties.
6 § 2. This act shall take effect on the thirtieth day after it shall
7 have become a law.
