Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to environmental conservation |
Mar 12, 2009 |
referred to environmental conservation |
Assembly Bill A6785
2009-2010 Legislative Session
Sponsored By
SWEENEY
Archive: Last Bill Status - In Assembly Committee
- 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
2009-A6785 (ACTIVE) - Details
- See Senate Version of this Bill:
- S3026
- Current Committee:
- Assembly Environmental Conservation
- Law Section:
- Navigation Law
- Laws Affected:
- Amd §181-a, Nav L
2009-A6785 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6785 2009-2010 Regular Sessions I N A S S E M B L Y March 12, 2009 ___________ Introduced by M. of A. SWEENEY -- (at request of the State Comptroller) -- read once and referred to the Committee on Environmental Conserva- tion AN ACT to amend the navigation law, in relation to the lien priority of liens of the New York environmental protection and spill compensation fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 181-a of the navigation law, as added by chapter 488 of the laws of 1991, is amended and a new subdivi- sion 5 is added to read as follows: 4. An environmental lien [is subject to the rights of any other person, including an owner, purchaser, holder of a mortgage or security interest, or judgment lien creditor,] SHALL HAVE PRIORITY OVER ALL OTHER LIENS EXCEPT: (A) MORTGAGES whose interest is perfected before a lien notice has been filed as provided in section one hundred eighty-one-c of this part; AND (B) LIENS FOR TAXES ON THE REAL PROPERTY IN FAVOR OF ANY ASSESSING UNIT, SCHOOL DISTRICT, SPECIAL DISTRICT, COUNTY OR OTHER TAXING UNIT. 5. (A) IF EXECUTION UPON A JUDGMENT FOR THE RECOVERY OF THE EXPENSES OF ANY SUCH CLEANUP AND REMOVAL COSTS AND DAMAGE COSTS INCURRED BY THE FUND IS RETURNED WHOLLY OR PARTIALLY UNSATISFIED, SUCH JUDGMENT, IF DOCKETED IN THE PLACE AND MANNER REQUIRED BY LAW TO MAKE A JUDGMENT OF A COURT OF RECORD A LIEN UPON REAL PROPERTY, A COPY OF WHICH SHALL BE DELIVERED TO THE DEPARTMENT OF AUDIT AND CONTROL, SHALL BE A FIRST LIEN UPON SUCH PREMISES, HAVING PREFERENCE OVER ANY AND ALL OTHER LIENS AND ENCUMBRANCES. (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, SUCH LIEN SHALL NOT HAVE PREFERENCE OVER ANY: (I) PRIOR RECORDED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09516-04-9
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