Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 17, 2010 |
vote reconsidered - restored to third reading |
Feb 22, 2010 |
returned to senate recalled from assembly referred to governmental operations delivered to assembly passed senate |
Feb 08, 2010 |
advanced to third reading |
Feb 02, 2010 |
2nd report cal. |
Feb 01, 2010 |
1st report cal.77 |
Jan 06, 2010 |
referred to crime victims, crime and correction |
Jul 16, 2009 |
committed to rules |
May 20, 2009 |
advanced to third reading |
May 19, 2009 |
2nd report cal. |
May 18, 2009 |
1st report cal.350 |
Apr 27, 2009 |
referred to crime victims, crime and correction |
Senate Bill S4893
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2009-S4893 (ACTIVE) - Details
2009-S4893 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4893 TITLE OF BILL : An act to amend the executive law, in relation to prohibiting any negative impact on a crime victim's credit rating from a lien created under section 634 of such law PURPOSE OR GENERAL IDEA OF BILL : To prevent creditors from discriminating against applicants based on a crime victim's board lien created under §634 of the executive law. SUMMARY OF SPECIFIC PROVISIONS : Section 1 amends subdivision 2 of §634 of the executive law, by adding a clause which stipulates that a lien filed under that section shall not be included in any complication of a victim's consumer credit report or mortgage eligibility. EXISTING LAW : Existing law creates a lien for the amount the board pays in any claim. Lien notices are filed with county clerk offices. These liens, unless satisfied, exist in perpetuity. Section 1 amends subdivision 2 of 8634 of the executive law, which stipulates that a lien filed under that section shall not be included in any complication of a victim's consumer credit report or mortgage eligibility. JUSTIFICATION : When a crime victim receives an award from the Crime
2009-S4893 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4893 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law, in relation to prohibiting any nega- tive impact on a crime victim's credit rating from a lien created under section 634 of such law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 634 of the executive law, as added by chapter 513 of the laws of 1982, is amended to read as follows: 2. Acceptance of an award made pursuant to this article shall create a lien in favor of the state on the proceeds of any recovery from the person or persons liable for the injury or death giving rise to the award by the board, whether by judgment, settlement or otherwise, after the deduction of the reasonable and necessary expenditures, including attorney's fees, incurred in effecting such recovery, to the total amount of the award made by the board. Such lien shall attach to any moneys received or to be received by the claimant or victim on account of losses resulting from the crime. Should the claimant or victim secure a recovery from the person or persons liable for the injury or death giving rise to the award by the board, whether by judgment, settlement or otherwise, such claimant may, upon notice to the board, apply to the court in which the action was instituted, or to any court of competent jurisdiction if no action was instituted, for an order apportioning the reasonable and necessary expenditures, including attor- ney's fees, incurred in effecting such recovery. Such expenditures shall be equitably apportioned by the court between the claimant and the board. A copy of such lien shall be mailed to the clerk of the county within which the crime occurred and such clerk will file the copy in accordance with the duties of such clerk as set forth in section five hundred twenty-five of the county law. The amount of such lien may be EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00722-01-9
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