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 |
Jun 17, 2013 |
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 |
Senate Bill S4042
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A8013 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(D, WF) Senate District
(R) Senate District
2013-S4042 - Details
- See Assembly Version of this Bill:
- A7552
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §403, CPLR; amd §212, Judy L; add §175.37, Pen L; amd §9-518, UCC
2013-S4042 - Sponsor Memo
BILL NUMBER:S4042 TITLE OF BILL: 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 This measure is being introduced at the request of the Chief Administrative Judge to redress "paper terrorism" against judges and other public servants committed to harass them or to retaliate against them for discharge of their official duties. This is a growing problem, not just here in New York{1}, but across the Nation, See National Association of Secretaries of State, "State Strategies to Subvert Fraudulent Uniform Commercial Code (UCC) Filings: A Report for State Business Filing Agencies," available at http://nass.org/indes.php?option=com content&view=article&id= 329%3 Anews-release-new-ucc-report-aug12&catid=964%3Auncategorized- news-releases&Itemid=1 (August 27, 2012). The Uniform Commercial Code ("UCC") Article 9 provides a simple way for a creditor to record an interest in a debtor's property with the Department of State ("DOS"), thereby giving notice of that interest to the debtor's future creditors, Typically such a recording, termed a "financing statement" by the UCC, covers property purchased under a security agreement subject to attachment (e.g., a vehicle), and is necessary for a creditor to assert a claim. With the rise of the
2013-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
(D, WF) Senate District
(R) Senate District
2013-S4042A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7552
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §403, CPLR; amd §212, Judy L; add §175.37, Pen L; amd §9-518, UCC
2013-S4042A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4042A TITLE OF BILL: An act to amend the judiciary law, the penal law and the uniform commercial code, in relation to financing statements falsely filed under the uniform commercial code This measure is being introduced at the request of the Chief Administrative Judge to redress "paper terrorism" against judges and other public servants committed to harass them or to retaliate against them for discharge of their official duties. This is a growing problem, not just here in New York, but across the Nation. See National Association of Secretaries of State, "State Strategies to Subvert Fraudulent Uniform Commercial Code (UCC) Filings: A Report for State Business Filing Agencies," available at http://nass.org/indes,php?option=com content&view=article&id= 329%3Anews-release-new-ucc-report-aug12&catid=964%3Auncategorized- news-release&itemid-1 (Aug 27, 2012). The Uniform Commercial Code ("UCC") Article 9 provides a simple way for a creditor to record an interest in a debtor's property with the Department of State ("DOS"), thereby giving notice of that interest to the debtor's future creditors. Typically such a recording, termed a "financing statement" by the UCC, covers property purchased under a security agreement subject to attachment (e.g., a vehicle), and is necessary for a creditor to assert a claim. With the rise of the Internet and especially smart-phones, filers instantly can record
2013-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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