senate Bill S840

2011-2012 Legislative Session

Provides that certain actions for injury caused by domestic violence may be commenced within two years

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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
Mar 12, 2012 committee discharged and committed to rules
Mar 09, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to judiciary
Mar 08, 2011 committee discharged and committed to judiciary
Jan 05, 2011 referred to codes

Co-Sponsors

S840 - Bill Details

See Assembly Version of this Bill:
A2090
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง215-a, CPLR
Versions Introduced in 2009-2010 Legislative Session:
S5681A, A8621A

S840 - Bill Texts

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Provides that certain actions for injury caused by domestic violence may be commenced within two years.

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BILL NUMBER:S840

TITLE OF BILL:
An act
to amend the general municipal law, in relation to restricting the
formation of new development agencies in Erie county

PURPOSE OR GENERAL IDEA OF THE BILL:
This bill would allow only the
Erie County Industrial Development Agency to exempt state and county
taxes, without prior approval. Further, this bill would require any
town Industrial Development Agencies within Erie County to seek
approval if they wish to exempt any taxes other than the individual
town's property taxes.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 891-a of the
general municipal law by limiting the authority of town industrial
development agencies located within Erie County to exempt certain
taxes.

Section 2 amends section 898-a of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies.

Section 3 amends section 901-a of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies.

Section 4 amends section 914-a of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies.

Section 5 amends section 925-t of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies.

Section 6 amends section 925-v of the general municipal law stating
section 891-a is controlling law in the event of any inconsistencies,

JUSTIFICATION:
Currently, Erie County has 5 town IDAs (Amherst,
Clarence, Concord, Hamburg, and Lancaster) in addition to the Erie
County IDA. The ECIDA has power and authority to act on a county wide
basis while the town IDAs can only act on projects within the
boundaries of their town. This leads to competition between the town
IDAs in attempting to lure businesses to their municipalities. The
taxes generally waived by these town IDAs consist of-state and county
taxes, as well as, the taxes of school districts and other
municipalities. This results in the town IDAs competing to exempt
taxes from the same general pool of tax revenue. The ECIDA is in a
better position to oversee the tax exemptions granted to businesses
and implement regional strategies for economic growth.

PRIOR LEGISLATIVE HISTORY:

2012: A.10560 Referred to Rules

FISCAL IMPLICATIONS:
No fiscal implications to the state. State tax
revenues should increase as the ECIDA will be the sole IDA which can
exempt state taxes.

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
________________________________________________________________________

                                   840

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  time  within  which  certain  actions  for  injury  caused by domestic
  violence may be commenced

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

  Section 1. The civil practice law and rules is amended by adding a new
section 215-a to read as follows:
  S  215-A.  ACTIONS  TO RECOVER DAMAGES FOR INJURY ARISING FROM ACTS OF
DOMESTIC VIOLENCE. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
AN ACTION TO RECOVER DAMAGES FOR INJURY ARISING FROM AN ACT OF  DOMESTIC
VIOLENCE,  INCLUDING  DISORDERLY CONDUCT, HARASSMENT, MENACING, RECKLESS
ENDANGERMENT,  KIDNAPPING,  ASSAULT,  ATTEMPTED  ASSAULT,  OR  ATTEMPTED
MURDER,  COMMITTED  AGAINST  ANY  PERSON  OVER  THE  AGE OF SIXTEEN, ANY
MARRIED PERSON OR ANY PARENT ACCOMPANIED BY HIS OR HER  MINOR  CHILD  OR
CHILDREN  IN SITUATIONS IN WHICH SUCH PERSON OR SUCH PERSON'S CHILD IS A
VICTIM OF SUCH ACTS, SHALL BE COMMENCED WITHIN TWO YEARS.    NOTHING  IN
THIS  SECTION  SHALL  BE  CONSTRUED TO REQUIRE THAT A CRIMINAL CHARGE BE
BROUGHT OR A CRIMINAL CONVICTION BE OBTAINED AS A CONDITION OF  BRINGING
A  CIVIL  CAUSE OF ACTION OR RECEIVING A CIVIL JUDGMENT PURSUANT TO THIS
SECTION OR BE CONSTRUED TO REQUIRE THAT ANY OF  THE  RULES  GOVERNING  A
CRIMINAL PROCEEDING BE APPLICABLE TO ANY SUCH CIVIL ACTION.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00824-01-1

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