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History
- Referred to economic development
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.258
- Referred to consumer protection
- Returned to senate
- Died in assembly
- Referred to economic development
- Delivered to assembly
- Passed senateVote 62–0
Show 5 earlier actions
- Amended on third reading 4916a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1036
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to process server records
In Assembly Committee · Codes · Sponsor J. Gary Pretlow
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4916A
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 one of this bill amends subdivision 1 of section 89-cc of the General Business Law to provide that a process server must preserve a record by submitting recorded entries to a third party contractor within three days of service or attempted service as long as permissions pertaining to the data will be secured so that the data cannot be deleted upon submission. It is further provided that records must be reported in chronological order, and it will be unlawful for any process server to tamper with data or properties of any electronic record after an image file is made by modifying, amending, deleting, rearranging or altering any data or properties using a meta data scrubber or any other similar device. If a typographical error was made or if there was an accidental omission form the electronic data entry, the third party contractor can make an amendment by identifying it in the original record through the use of italics. All third party contractors have to maintain a daily backup of all submitted data.
Section two of this bill provides that this act shall take effect on the thirtieth day after it shall have become law.
Justification
In order to create a more efficient way for the regulators to review the records of process servers, municipalities that have one million or more people (NYC) have implemented a mandatory digital record requirement that mirrors the State requirement of General business law Sec. 89-cc. Requiring the process server to record the same information twice, a handwritten format and a digital format. The result of that law has created an undue burden for the process server. This burden does not provide any benefit to the citizens of New York nor any regulatory authority. This law will allow the process server an option to meet the requirement of sec. 89-cc that mirrors the requirement of the local Municipality. The process server will be able to streamline their data recording in a tamper proof environment that will create more transparency and reduce the risk of fraud.
Legislative history
New Bill
Fiscal implications
None to the State
Effective date
This act shall take effect on the thirtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.