Senate Bill S3943

                                 BILL NUMBER:  S3943

 TITLE OF BILL :
An act to amend the executive law, in relation to raising the level of
claims for which proof of financial difficulty is not required


 PURPOSE :
To raise the threshold amount for claims for compensation for crime
related losses, for which the Crime Victims Board must determine that
the claimant will suffer financial difficulty unless the claim is
approved, from $5,000 to $6,000.

 SUMMARY OF PROVISIONS :
Section 631(6) (a) of the Executive Law is amended to state that no
finding of financial difficulty is required for a claim for an
emergency award or an award less than $6,000.

 EFFECT ON EXISTING LAW :
Current law states that no finding of financial difficulty is required
for a claim for an emergency award or an award less than $5,000.

 JUSTIFICATION :
Under current law, any compensation to a victim which approaches the
maximum threshold award of $5,000 must be investigated to determine
whether, but for the award, the claimant would suffer financial
              

difficulty.  According to Crime victims Board statistics, only 1 or 2
claims are denied annually for failure to establish financial
difficulty. The requirement of such a finding requires additional
paperwork on the part of the victim, places a greater burden on the
family already suffering as a result of the crime, and prolongs the
reimbursement process. In 1996, the Executive Law was amended to
increase the burial expenses for which the Crime Victims Board could
provide compensation to $6,000. In raising the maximum burial award,
the Legislature acknowledged the financial cost which can accrue to
families for burying homicide victims. As it now stands, every family
seeking the maximum compensation for burial expenses must show
financial difficulty simply because their claim exceeds $5,000. While
the increase proposed by this bill would apply to all claims filed
with the Board, it is anticipated that the greatest impact would be in
death claims for burial expenses. This bill eliminates the additional
paperwork and hassle to the families of victims by creating parity
between the burial expenses and the threshold for providing
compensation without a determination of financial difficulty.

 LEGISLATIVE HISTORY :
03/14/07 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
01/09/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

 FISCAL IMPLICATIONS :
Fiscal implications, if any, would be minimal. A claimant would, at
most, receive an award of an additional $1,000 before the need to
determine financial difficulty would come into play. When considered
with the fact that only one or two claims are annually denied for lack
of showing of financial difficulty, it is likely that this proposal
would have no fiscal impact. The administrative cost to the Board of
having claims specialists compile financial documentation in such
claims would in all likelihood surpass any increase in awards.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to all claims
pending before the board or submitted thereto on or after its
effective date.