NY State Senate Bill 2015-S5899

Senate Bill S5899

Signed By Governor

2015-2016 Legislative Session

Requires the department of law shall file annual reports of awards pursuant to the New York state equal access to justice act

download bill text pdf

Archive: Last Bill Status Via A6079 - 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2015	signed chap.439
Nov 10, 2015	delivered to governor
Jun 17, 2015	returned to assembly passed senate substituted for s5899
Jun 17, 2015	substituted by a6079 ordered to third reading cal.1744
Jun 10, 2015	referred to rules

Votes

- Jun 17, 2015 - Floor Vote
  A6079
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Jun 17, 2015 - Rules Committee Vote
  S5899
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2015
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young

2015-S5899 (ACTIVE) - Details

See Assembly Version of this Bill:: A6079
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §8604, CPLR
Versions Introduced in 2013-2014 Legislative Session:: A9758

2015-S5899 (ACTIVE) - Summary

Requires the department of law to file annual reports of awards pursuant to the New York state equal access to justice act.

2015-S5899 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5899

TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to the
reporting of awards pursuant to the New York state equal access to
justice act

PURPOSE:

To properly shift the responsibility for creating an annual report
pursuant to the New York State Equal Access to Justice Act from the
State Comptroller's Office to the Attorney General's Office.

SUMMARY OF PROVISIONS:

This bill would amend Section 8604 of the Civil Practice Law and Rules
by replacing a reference to the Department of Audit and Control with a
reference to the Department of Law.

PRIOR LEGISLATIVE HISTORY:

A.9758 (Passed Assembly) of 2013-2014

JUSTIFICATION:

New York's Equal Access to Justice Act (EAJA) was enacted in 1989 and
was patterned after Federal legislation enacted in 1976. The EAJA
authorizes an award of attorney's fees to litigants, including small
businesses, not-for-profit organizations and individuals of modest
means, who have been wronged by the unjustified actions of New York
State agencies.

The Office of the State Comptroller (OSC) is responsible creating an
annual report describing the number, nature and amount of each award
under the EAJA in the previous fiscal year including the agency
involved in each action, and other relevant information which might
aid the legislature and the governor in evaluating the scope and
impact of such awards. The nature of this annual report has been
ministerial on the part of OSC. The Office of the Attorney General
(OAG) collects information on the awards issued during the past fiscal
year from its regional offices and provides this information to OSC in
a spreadsheet. OSC just produces a cover letter and attaches the data
provided by the OAG. This legislation would simplify the issuing of
this report by removing OSC which is extraneously made part of the
process.

The State Comptroller urges the passage of this proposed legislation.

FISCAL IMPLICATIONS FOR STATE:

This bill has no significant State fiscal impact.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5899 (ACTIVE) - Bill Text download pdf

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

                                  5899

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 10, 2015
                               ___________

Introduced  by  Sen. BONACIC -- (at request of the State Comptroller) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Rules

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  reporting of awards pursuant to the New York  state  equal  access  to
  justice act

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

  Section 1. Section 8604 of the civil practice law and rules, as  added
by chapter 770 of the laws of 1989, is amended to read as follows:
  S 8604. Annual report. The department of [audit and control] LAW shall
file  with  the  governor, the speaker of the assembly and the [majority
leader] TEMPORARY PRESIDENT of the senate an  annual  report  describing
the  number, nature and amount of each award in the previous fiscal year
including the agency involved in each action, and other relevant  infor-
mation  which  might  aid the legislature and the governor in evaluating
the scope and impact of such awards.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02989-01-5

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