What's happening
This bill requires process servers to submit electronic records to a third party contractor within three days and prohibits tampering with those records.
Why it matters
Mandates prompt and secure electronic recordkeeping. By requiring process servers to submit records to a third-party contractor within three days, the bill aims to reduce the risk of lost, delayed, or manipulated service records, which can be critical in legal proceedings.
Enhances data integrity and transparency. The prohibition against tampering—including modifying metadata or altering records after submission—seeks to ensure that service records remain authentic and traceable, strengthening their evidentiary value in court.
Provides for error correction with accountability. Allowing only the third-party contractor to make amendments (with original entries marked in italics) creates a clear audit trail, making it harder for bad actors to falsify or conceal changes while still allowing legitimate corrections.
Improves oversight and access. Daily backups and the requirement that records be available for review by interested parties enhance accountability, making it easier to investigate disputes over service and reducing opportunities for fraudulent “sewer service.”
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Who cares
Headline styles
Digitize Process Server Records
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
No co-sponsors yet.
History
- Referred to economic development
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.196
- Referred to consumer protection
- Returned to senate
- Died in assembly
- Referred to economic development
- Delivered to assembly
- Passed senateVote 61–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.874
- 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.
Digitize Process Server Records
In Assembly Committee · Economic Development · Sponsor J. Gary Pretlow
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4977
2019-2020 Regular Sessions
IN SENATE
April 3, 2019
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 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
S. 4977 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.
Sponsor's memo
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 1. To amend 89-bb of the general business law adding a new subdivision 3 to read A "third party contractor" is an independent third party who provides services and perform functions described in subdivi- sion one of sec.89-cc for the purpose of meeting the data storage retrieval requirements.
Section 2. Subdivision 1 of sec. 89-cc of the general business law, added by chapter 340 of the laws of 1986. Each process server shall maintain a legible record of all service made by him as prescribed in this section.
Section 3. Effective Date
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 transpar- ency and reduce the risk of fraud.
Legislative history
Assembly 05/30/18 A3939 referred to codes 03/03/15 A5656 referred to economic development 06/03/15 A5656 amend and recommit to economic development 06/03/15 A5656 print number 5656a 01/06/16 A5656 referred to economic development 05/24/16 A5656 reported referred to codes Senate 2015 - S4916A - Passed Senate 2016 - S4916A - Passed Senate 2017 - S29- Passed Senate 2018 - S29 - Passed Senate
Fiscal implications
None.
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.