senate Bill S4042A

Signed By Governor
2013-2014 Legislative Session

Authorizes the chief administrator of the courts to establish rules for special proceedings authorized under section 9-518 of the uniform commercial code

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Archive: Last Bill Status Via A8013 - Signed by Governor


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 13, 2013 signed chap.490
Nov 01, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
3rd reading cal.637
substituted for s4042a
Jun 20, 2013 substituted by a8013
Jun 17, 2013 amended on third reading (t) 4042a
vote reconsidered - restored to third reading
Jun 14, 2013 returned to senate
recalled from assembly
May 23, 2013 referred to judiciary
delivered to assembly
passed senate
May 22, 2013 advanced to third reading
May 21, 2013 2nd report cal.
May 20, 2013 1st report cal.637
Apr 16, 2013 reported and committed to codes
Mar 05, 2013 referred to judiciary

Votes

view votes

May 20, 2013 - Codes committee Vote

S4042
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Apr 16, 2013 - Judiciary committee Vote

S4042
20
0
committee
20
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4042 - Details

See Assembly Version of this Bill:
A8013
Law Section:
Judiciary Law
Laws Affected:
Amd §212, Judy L; add §175.35, Pen L; amd §9-518, UCC

S4042 - Summary

Authorizes the chief administrator of the courts to establish rules for special proceedings authorized under section 9-518 of the uniform commercial code relating to wrongful financial statements.

S4042 - Sponsor Memo

S4042 - Bill Text download pdf

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

                                  4042

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 5, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, the judiciary law, the
  penal  law  and  the  uniform commercial code, in relation to wrongful
  financing statements filed under the uniform commercial code

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

  Section  1.  Subdivision  (c) of section 403 of the civil practice law
and rules is amended to read as follows:
  (c) Manner of service. A notice of petition shall  be  served  in  the
same  manner  as a summons in an action EXCEPT THAT A NOTICE OF PETITION
IN A SPECIAL PROCEEDING BROUGHT PURSUANT TO PARAGRAPH ONE OF SUBDIVISION
(D) OF SECTION 9-518 OF THE UNIFORM COMMERCIAL CODE SHALL BE  SERVED  BY
MAILING  IT BY FIRST CLASS MAIL TO THE PERSON TO BE SERVED AT HIS OR HER
LAST KNOWN RESIDENCE, PROOF OF SUCH SERVICE  SHALL  BE  FILED  WITH  THE
CLERK  OF  THE  COURT DESIGNATED IN THE NOTICE OF PETITION WITHIN TWENTY
DAYS OF SUCH MAILING AND SERVICE SHALL BE COMPLETE FIVE DAYS AFTER  SUCH
FILING.
  S  2.  Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (s) to read as follows:
  (S) ESTABLISH RULES FOR SPECIAL PROCEEDINGS AUTHORIZED BY  SUBDIVISION
(D)  OF  SECTION  9-518  OF  THE UNIFORM COMMERCIAL CODE. SUCH RULES MAY
AUTHORIZE THE COURT IN WHICH SUCH A SPECIAL  PROCEEDING  IS  PENDING  TO
ORDER A REFEREE TO HEAR AND DETERMINE SUCH SPECIAL PROCEEDING.
  S  3.  The penal law is amended by adding a new section 175.37 to read
as follows:
S 175.37 OFFERING A FALSE INSTRUMENT FOR FILING IN RETALIATION  FOR  THE
           PERFORMANCE OF OFFICIAL DUTIES.
  A PERSON IS GUILTY OF OFFERING A FALSE INSTRUMENT FOR FILING IN RETAL-
IATION FOR THE PERFORMANCE OF OFFICIAL DUTIES WHEN HE OR SHE COMMITS THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08971-01-3

Co-Sponsors

S4042A (ACTIVE) - Details

See Assembly Version of this Bill:
A8013
Law Section:
Judiciary Law
Laws Affected:
Amd §212, Judy L; add §175.35, Pen L; amd §9-518, UCC

S4042A (ACTIVE) - Summary

Authorizes the chief administrator of the courts to establish rules for special proceedings authorized under section 9-518 of the uniform commercial code relating to wrongful financial statements.

S4042A (ACTIVE) - Sponsor Memo

S4042A (ACTIVE) - Bill Text download pdf

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

                                 4042--A
    Cal. No. 637

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 5, 2013
                               ___________

Introduced by Sens. BONACIC, HASSELL-THOMPSON, MAZIARZ -- (at request of
  the Office of Court Administration) -- read twice and ordered printed,
  and  when  printed  to  be  committed to the Committee on Judiciary --
  reported favorably from said committee and committed to the  Committee
  on  Codes  -- reported favorably from said committee, ordered to first
  and second report, ordered to a third reading, passed  by  Senate  and
  delivered  to  the  Assembly, recalled, vote reconsidered, restored to
  third reading, amended and ordered reprinted, retaining its  place  in
  the order of third reading

AN ACT to amend the judiciary law, the penal law and the uniform commer-
  cial code, in relation to financing statements falsely filed under the
  uniform commercial code

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

  Section 1. Legislative findings. The legislature finds that the retal-
iatory filing of false financing statements under the uniform commercial
code by members of separatist  groups  against  New  Yorkers  in  public
service  and  private service is a growing and pernicious practice. As a
result of the proliferation of such filings, the credit of  New  Yorkers
in  public  service and private service has been impaired solely because
they were doing their jobs on behalf of the citizens of the state. It is
vital that all appropriate steps be  taken  to  counter  this  practice.
Accordingly, it is the objective of this act to discourage the filing of
false  financing  statements and to provide a meaningful and expeditious
remedy for those who have been harmed by such filings. It  is  also  the
objective  of  this  measure  to  declare the state's interest in future
effectuation of a second step: careful review of procedures  authorizing
the filing of financing statements under the uniform commercial code and
subsequent  modification  of  laws and procedures as may be necessary to
ensure that the public is  adequately  protected  against  the  kind  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08971-07-3

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