senate Bill S1546

Signed By Governor
2011-2012 Legislative Session

Authorizes an attorney to attach a lien to awards and settlement proceeds received by his or her client through alternative dispute resolution or settlement

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 03, 2012 signed chap.478
Sep 21, 2012 delivered to governor
Jun 19, 2012 returned to senate
passed assembly
Jun 14, 2012 ordered to third reading rules cal.151
substituted for a5275
Apr 30, 2012 referred to judiciary
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.390
Jan 04, 2012 referred to judiciary
Jan 10, 2011 referred to judiciary

Votes

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S1546 - Bill Details

See Assembly Version of this Bill:
A5275
Law Section:
Judiciary Law
Laws Affected:
Amd ยงยง475 & 475-a, Judy L
Versions Introduced in 2009-2010 Legislative Session:
A8697, S8049

S1546 - Bill Texts

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Authorizes an attorney to attach a lien to awards and settlement proceeds received by his or her client through alternative dispute resolution or settlement negotiations.

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BILL NUMBER:S1546

TITLE OF BILL: An act to amend the labor law, in relation to authoriz-
ing the commissioner of labor to implement rules and regulations
concerning the removal of lead, asbestos and other hazardous wastes

PURPOSE: Authorizes the commissioner of labor to implement rules and
regulations regarding the removal of lead, asbestos, and other hazardous
waste.

SUMMARY OF PROVISIONS: Adds a new subdivision 6 to section 902 of the
labor law. Licensing and Certification standards shall be established by
the commissioner for the removal of lead, asbestos, and other hazardous
materials. Any person possessing a valid license or certificate for the
removal of lead, asbestos, or other hazardous material prior to January
first, in the year preceding the effective date of this legislation,
shall be grandfathered under the provisions pursuant to paragraph (a) of
this subdivision.

JUSTIFICATION: Approximately, 1,300 asbestos workers will lose their
employment based upon the standards set by the Department of Labor and
the Department of Motor Vehicles.

LEGISLATIVE HISTORY: 2011-12: S.2413 - Referred to Labor 2009-10:
S.1132 - Referred to Labor 2007-08: S.2921 - Referred to Labor 2005-06:
S.1598 - Passed Assembly 1/24/06; Referred to Labor; Died in Senate
2004: S.7645 - Referred to Rules A.11558 (same as) - Passed Assembly

FISCAL IMPLICATIONS: This bill would have an impact on the Department.
Once rules and regulations regarding the licensing and certification of
the removal of lead, asbestos or other hazardous material are promulgat-
ed the Department will have to process approximately 6,000 lead applica-
tions annually. The department of labor estimates it will be necessary
to hire at least two Grade 9 Keyboard Specialists in order to handle the
increased workload. The estimate cost of these positions is $125,000.

*provided by the New York State Department of Labor

EFFECTIVE DATE: This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1546

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to authorizing an  attor-
  ney  to  attach a charging lien to awards and settlement proceeds that
  clients receive through alternative dispute resolutions and settlement
  negotiations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 475 of the judiciary law, as amended by chapter 105
of the laws of 1946, is amended to read as follows:
  S  475.  Attorney's lien in action, special or other proceeding.  From
the commencement of an action, special or other proceeding in any  court
or  before  any state, municipal or federal department, except a depart-
ment of labor, or the service of an answer containing a counterclaim, OR
THE INITIATION OF ANY MEANS OF ALTERNATIVE DISPUTE RESOLUTION INCLUDING,
BUT NOT LIMITED TO,  MEDIATION  OR  ARBITRATION,  OR  THE  PROVISION  OF
SERVICES  IN  A  SETTLEMENT NEGOTIATION AT ANY STAGE OF THE DISPUTE, the
attorney who appears for a party has a lien upon  his  OR  HER  client's
cause  of  action,  claim  or counterclaim, which attaches to a verdict,
report, determination, decision, AWARD, SETTLEMENT,  judgment  or  final
order in his OR HER client's favor, and the proceeds thereof in whatever
hands  they  may come; and the lien cannot be affected by any settlement
between the parties before or after judgment, final  order  or  determi-
nation.    The  court  upon  the  petition of the client or attorney may
determine and enforce the lien.
  S 2. Section 475-a of the judiciary law, as added by  chapter  551  of
the laws of 1955, is amended to read as follows:
  S  475-a.  NOTICE  OF LIEN. If prior to the commencement of an action,
ARBITRATION, MEDIATION OR A FORM OF ALTERNATIVE DISPUTE RESOLUTION, OR A
special or other proceeding, an attorney serves a notice  of  lien  upon
the  person  or persons against whom his OR HER client has or may have a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06080-01-1

S. 1546                             2

claim or cause of action, the attorney has a  lien  upon  the  claim  or
cause  of action from the time such notice is given, which attaches to a
verdict, report, determination, decision,  AWARD,  SETTLEMENT  or  final
order in his OR HER client's favor of any court, ARBITRAL TRIBUNAL or of
any  state,  municipal  or  federal  department,  except a department of
labor, and to any money or property which may be recovered on account of
such claim or cause of action in whatever hands they may come;  and  the
lien cannot be affected by any settlement between the parties after such
notice  of  lien  is  given.  The  notice shall, (1) be served by either
personal service or registered mail; (2) be in writing; (3)  state  that
the relationship of attorney and client has been established, the nature
of  the claim or cause of action, and that the attorney claims a lien on
such claim or cause of action; (4) be signed by  the  client,  or  by  a
person  on  his  OR  HER  behalf  whose relationship is shown, and which
signature shall also  be  witnessed  by  a  disinterested  person  whose
address  shall  also be given; and (5) be signed by the attorney. A lien
obtained under this section shall otherwise have the same effect and  be
enforced  in  the  same  manner  as  a  lien obtained under section four
hundred seventy-five of this [chapter] ARTICLE.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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