New York City Council Header
File #: Int 1258-2018    Version: Name: Mandating audits of the records of process servers and creating a notification system regarding licensed process servers who have had their licenses suspended, revoked or who have had renewal denied.
Type: Introduction Status: Enacted
Committee: Committee on Housing and Buildings
On agenda: 11/28/2018
Enactment date: 6/8/2019 Law number: 2019/112
Title: A Local Law to amend the administrative code of the city of New York, in relation to mandating audits of the records of process servers and creating a notification system regarding licensed process servers who have had their licenses suspended, revoked or who have had renewal denied
Sponsors: Robert E. Cornegy, Jr., Rory I. Lancman, Ben Kallos, Bill Perkins, Carlina Rivera
Council Member Sponsors: 5
Summary: This bill would require that the Department of Consumer Affairs (DCA) annually audit the records of at least 20% of licensed process servers who have served at least one summons, subpoena, notice, citation or other process for a housing court proceeding. The bill would also require that process servers notify the DCA every six month if they have served process for a housing court proceeding. This bill would further require that the DCA post on its website, and notify process serving agencies, when a process server has been disciplined, or where the process server’s license has been suspended, revoked, or license renewal is denied.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 1258-A, 2. Summary of Int. No. 1258, 3. Int. No. 1258, 4. November 28, 2018 - Stated Meeting Agenda with Links to Files, 5. Committee Report 12/13/18, 6. Hearing Testimony 12/13/18, 7. Hearing Transcript 12/13/18, 8. Proposed Int. No. 1258-A - 5/9/19, 9. Committee Report 5/7/19, 10. Hearing Testimony 5/7/19, 11. Hearing Transcript 5/7/19, 12. Committee Report - Stated Meeting, 13. Hearing Transcript - Stated Meeting 5-8-19, 14. Int. No. 1258-A (FINAL), 15. Fiscal Impact Statement, 16. Legislative Documents - Letter to the Mayor, 17. Local Law 112, 18. Minutes of the Stated Meeting - May 8, 2019
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
6/11/2019ARobert E. Cornegy, Jr. City Council Returned Unsigned by Mayor  Action details Meeting details Not available
6/8/2019ARobert E. Cornegy, Jr. Administration City Charter Rule Adopted  Action details Meeting details Not available
5/8/2019ARobert E. Cornegy, Jr. City Council Sent to Mayor by Council  Action details Meeting details Not available
5/8/2019ARobert E. Cornegy, Jr. City Council Approved by CouncilPass Action details Meeting details Not available
5/7/2019*Robert E. Cornegy, Jr. Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
5/7/2019*Robert E. Cornegy, Jr. Committee on Housing and Buildings Amendment Proposed by Comm  Action details Meeting details Not available
5/7/2019*Robert E. Cornegy, Jr. Committee on Housing and Buildings Amended by Committee  Action details Meeting details Not available
5/7/2019ARobert E. Cornegy, Jr. Committee on Housing and Buildings Approved by CommitteePass Action details Meeting details Not available
12/13/2018*Robert E. Cornegy, Jr. Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
12/13/2018*Robert E. Cornegy, Jr. Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
11/28/2018*Robert E. Cornegy, Jr. City Council Referred to Comm by Council  Action details Meeting details Not available
11/28/2018*Robert E. Cornegy, Jr. City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1258-A

 

By Council Members Cornegy, Lancman, Kallos, Perkins and Rivera

 

A Local Law to amend the administrative code of the city of New York, in relation to mandating audits of the records of process servers and creating a notification system regarding licensed process servers who have had their licenses suspended, revoked or who have had renewal denied

 

Be it enacted by the Council as follows:

 

Section 1. Subdivision c of section 20-406.3 of the administrative code of the city of New York, as added by local law number 7 for the year 2010, is amended to read as follows:

c. The commissioner [may] shall conduct audits of the information required to be kept pursuant to subdivision [(]a[)] of this section in order to monitor compliance with this subchapter. The commissioner shall conduct annual audits, of the information required to be kept pursuant to subdivision a, for at least 20 percent of the licensed process servers who have certified, pursuant to subdivision d, having served at least one summons, subpoena, notice, citation or other process, directing an appearance or response to a legal action, legal proceeding or administrative proceeding that is subject to the provisions of section 110 of the civil court act.

§ 2. Section 20-406.3 of the administrative code of the city of New York, as added by local law number 7 for the year 2010, is amended by adding a new subdivision d to read as follows:

d. By February 1, 2020 and every six months thereafter, each licensed process server shall submit electronically to the commissioner a certification, in a form to be determined by the commissioner, stating whether the licensed process server has served at least one summons, subpoena, notice, citation or other process, directing an appearance or response to a legal action, legal proceeding or administrative proceeding that is subject to the provisions of section 110 of the civil court act within the immediately prior semi-annual calendar year period.

§ 3. Subdivision a of section 20-409 of the administrative code of the city of New York is amended to read as follows:

a. A license issued hereunder may be suspended or revoked or its renewal denied by the commissioner at any time for the failure of the licensee to comply with any rule, regulation or order promulgated by the commissioner. Where a license is suspended or revoked or its renewal denied for the reasons set forth in this section, where a penalty is issued pursuant to section 20-409.1 or where such license holder is otherwise disciplined by the commissioner, the commissioner shall post to the department’s website and notify all process serving agencies of the suspension, revocation or denial of renewal of such license, the issuance of a penalty pursuant to section 20-409.1 and the reasons for such suspension, revocation or denial of renewal or issuance of such penalty. Such notification and posting shall occur no more than five days from the date the department has suspended, revoked or denied renewal of such license, or issued such penalty. 

§ 4. This local law takes effect 120 days after it becomes law, except that the commissioner of consumer affairs may take such measures as are necessary for its implementation, including the promulgation of rules, before such date.

 

 

JG/GZ

LS #7722

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