Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 21, 2014 |
signed chap.453 |
Nov 10, 2014 |
delivered to governor |
Jun 12, 2014 |
returned to assembly passed senate 3rd reading cal.959 substituted for s7332 |
Jun 12, 2014 |
substituted by a9577 |
Jun 02, 2014 |
advanced to third reading |
May 29, 2014 |
2nd report cal. |
May 28, 2014 |
1st report cal.959 |
May 13, 2014 |
referred to finance |
Senate Bill S7332
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A9577 - Signed by Governor
- 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
2013-S7332 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9577
- Law Section:
- Abandoned Property Law
- Laws Affected:
- Amd ยง1406, Ab Prop L
2013-S7332 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7332 TITLE OF BILL: An act to amend the abandoned property law, in relation to withdrawal actions PURPOSE: The purpose of this legislation is to clarify that court withdrawal actions must be commenced in the court of original jurisdiction and specifically bars the commencement of court withdrawal actions as special proceedings against the State Comptroller. SUMMARY OF PROVISIONS: Section 1 amends Subdivision 2 of section 1406 of the abandoned property law to increase from five to ten thousand dollars the amount of a claim for any abandoned property paid to the State that may be established only on order of the court which had original jurisdiction of the underlying matter, after service of notice upon the State Comptroller and upon due notice to all parties to the action or proceeding which resulted in the monies being paid into court (court withdrawal action.) Also, provides that such court withdrawal action must be commenced in the court which had jurisdiction over the underlying matter using the court index number of that original action and further provides that no such withdrawal action shall be brought as a special proceeding against the State Comptroller.
2013-S7332 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7332 I N S E N A T E May 13, 2014 ___________ Introduced by Sen. DeFRANCISCO -- (at request of the State Comptroller) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the abandoned property law, in relation to withdrawal actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 1406 of the abandoned property law, as amended by section 5 of part P of chapter 62 of the laws of 2003, is amended to read as follows: 2. (a) Claim in the amount or value of [five] TEN thousand dollars or more for any abandoned property heretofore paid to the state pursuant to section forty-four of chapter fifty-eight of the laws of nineteen hundred nine or as such section was amended by chapter two hundred seventeen of the laws of nineteen hundred thirty-three and chapter two hundred thirty-one of the laws of nineteen hundred thirty-eight, or hereafter paid to the state comptroller pursuant to paragraph (a) of subdivision one of section six hundred of this chapter, may be estab- lished only on order of the court which had original jurisdiction of the underlying matter, after service of notice upon the state comptroller and upon due notice to all parties to the action or proceeding which resulted in the monies being paid into court. [Any other provision of law to the contrary notwithstanding] SUCH COURT WITHDRAWAL ACTION SHALL BE COMMENCED IN THE COURT WHICH HAD ORIGINAL JURISDICTION OF THE UNDER- LYING MATTER USING THE COURT INDEX NUMBER OF SUCH ORIGINAL ACTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO SUCH WITHDRAWAL ACTION SHALL BE BROUGHT AS A SPECIAL PROCEEDING AGAINST THE STATE COMPTROLLER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, if an order directing payment by the state comptroller is made by the court, the claimant or the claimant's attorney shall serve upon the state comptroller a copy thereof, duly certified by the clerk of the court to be a true copy of the original of such order on file in the clerk's office. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13690-02-4
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.