What's happening
This bill requires process servers to submit records electronically to a third party within three days and prohibits tampering with those records.
Why it matters
Increases accountability and transparency in legal service. By requiring process servers to submit records to an independent third party within three days, the bill reduces opportunities for falsification or manipulation of service records, which are crucial in legal proceedings.
Limits tampering and retroactive changes. The explicit prohibition on modifying, deleting, or using tools like metadata scrubbers after record submission ensures a trustworthy, unalterable timeline of service events, which can help prevent disputes over whether due process was properly executed.
Enhances access and oversight for all stakeholders. Mandating daily backups and on-demand availability of records to interested parties (such as defendants, attorneys, or courts) strengthens the integrity of the process and makes it easier to audit or investigate service practices.
Modernizes outdated recordkeeping methods. By replacing handwritten, bound volumes with electronic records managed by third parties, the bill brings process serving into the digital age, potentially increasing efficiency and reducing administrative errors.
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Who cares
Headline styles
Digitize Process Server Records
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to economic development
- Referred to economic development
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.
Digitize Process Server Records
In Assembly Committee · Economic Development · Sponsor James Skoufis
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3579
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Economic Development
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 Assembly, 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 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.] 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, 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 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.
LBD07774-01-9
A. 3579 2
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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.