DCALegislation/Bills

New York Process Server Log Book Bill Passes Senate

By April 19, 2017 No Comments
New York process server log book

New York process server log bookSenate Bill 29 has passed the Senate, taking the process server log book rules one step closer to no longer requiring both a digital and handwritten copy.

The bill was introduced after process servers began to strongly feel the burden of maintaining two types of log books in addition to their regular daily duties.  The bill would remove the requirement to keep a handwritten log book and would instead require process servers to submit entries to a third party within three days of service or attempted service.

This option also requires process servers to not have the ability to edit these records in any way. If there is a type or error, the third party would be able to edit the credits but only through the addition of italicized text and may not make any deletions.

The bill is currently waiting to be passed in the Assembly (A3939).

Here is the complete justification from the court documents as to the proposed change:

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.

The New York State Professional Process Servers Association is requesting process servers reach out to their Assemblyperson in support of the passage of the bill.

To read the complete bills:

Assembly Bill 3939

Senate Bill 29

 

 

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