senate Bill S4531

2011-2012 Legislative Session

Relates to abandoned property and residuals payment plans established by labor unions

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to finance
Apr 11, 2011 referred to finance

S4531 - Bill Details

See Assembly Version of this Bill:
A7019
Current Committee:
Law Section:
Abandoned Property Law
Laws Affected:
Amd ยงยง103 & 501, Ab Prop L

S4531 - Bill Texts

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Relates to abandoned property and residuals payment plans established by labor unions.

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BILL NUMBER:S4531

TITLE OF BILL:
An act
to amend the abandoned property law, in relation to residuals payment
plans established by labor unions

PURPOSE OR GENERAL IDEA OF BILL:
Relates to abandoned property and
residuals payment plans established by labor unions.

SUMMARY OF SPECIFIC PROVISIONS:
Section 103 of the abandoned property
law is amended by adding a new subdivision (h).

Section 501 of the abandoned property law is amended by adding a new
subdivision 6.

JUSTIFICATION:
New York State's Abandoned Property Law currently deems
"abandoned" any property belonging to a resident of the state of NY
that is unclaimed by the intended recipient for a period of 3 years.
This abandoned property is then required to be turned over to the New
York State Comptroller's Office. This bill seeks to exclude
compensation placed in a residual payment plan by entertainment
unions from the definition of abandoned property. This legislation
recognizes that entertainment unions are uniquely positioned to
ensure that union members ultimately receive their residuals through
a systematic program established to locate the performers.
Additionally, union members may indefinitely access these payment
plans and submit claims for payment. The Screen Actors Guild, for
example. has successfully administered a residuals payment plan on
behalf of its members for over 30 years.

Performers receive payments for the supplemental use of film and
television projects produced pursuant to collective bargaining
agreements, agreements negotiated by performer unions. These payments
are called residuals and they are paid by film and TV employers who
send checks, made out to the individual performers, to the performer
unions for processing. The unions then forward the checks to the
individual performers. However, performers are a transient class of
professionals and it is oftentimes difficult to locate and track
them. If a payment is returned to sender, the unions begin a time
consuming and resource intensive process of trying to locate the
payee. The relationship between performers and their unions with
regard to residuals and residuals payment plans are unique and unlike
the typical employer-employee relationship, or trade
association-member relationship. In order to best facilitate the
return of residuals to performers, performer unions create residuals
payment plans, which serve as single, nationwide clearinghouses for
actors who may have residuals owed to them. Performer unions
continually attempt to locate performers who are due residuals, and
performers can contact their unions to determine if residuals are
due to them.


In the event performers are not located, these residuals payments
should be available for use by entertainment unions for the
collective benefit of the performers, but with the clear
understanding that a performer retains the right to seek the return
of such funds at any time in the future. It is clearly in the best
interest of performers, due to their unique relationship with the
unions, and to the unique method of residuals payment distribution
from the employers, for this money to remain in entertainment union
residuals payment plans and not to be classified as abandoned
property under the New York Abandoned Property Law.

PRIOR LEGISLATIVE HISTORY:
New for 2011.

FISCAL IMPLICATIONS:
None to New York State.

EFFECTIVE DATE:
This act shall take effect on the sixteenth day after
it shall have become a law.

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

    S. 4531                                                  A. 7019

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 11, 2011
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Finance

IN ASSEMBLY -- Introduced by M. of A. LENTOL -- read once  and  referred
  to the Committee on Ways and Means

AN  ACT  to  amend  the abandoned property law, in relation to residuals
  payment plans established by labor unions

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

  Section  1.  Section  103  of the abandoned property law is amended by
adding a new subdivision (h) to read as follows:
  (H) "RESIDUALS" MEANS  PAYMENTS,  PURSUANT  TO  LAW  OR  A  COLLECTIVE
BARGAINING  AGREEMENT,  OF  ADDITIONAL  COMPENSATION  FOR  DOMESTIC  AND
FOREIGN USES OF RECORDED MATERIALS.
  S 2. Section 501 of the abandoned property law is amended by adding  a
new subdivision 6 to read as follows:
  6.  A  RESIDUALS  PAYMENT  PLAN,  AND THE ACCOUNTS AND MONIES THEREIN,
ESTABLISHED BY A LABOR UNION WHICH RECEIVES FOR  DISTRIBUTION  RESIDUALS
ON  BEHALF  OF EMPLOYEES WORKING UNDER COLLECTIVE-BARGAINING AGREEMENTS,
SHALL NOT BE DEEMED ABANDONED PROPERTY IF THE PLAN ALLOWS A PARTICIPANT,
ENTITLED TO A DISTRIBUTION UNDER THE PLAN, TO  BE  REIMBURSED  UPON  THE
MAKING OF A VALID CLAIM TO THE LABOR UNION FOR PAYMENT.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10590-01-1

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