NY State Senate Bill 2017-S2748

Senate Bill S2748

2017-2018 Legislative Session

Permits antitrust fines or penalties to be paid to the office of victim services in the court's discretion

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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
Jan 03, 2018	referred to consumer protection
Mar 07, 2017	reported and committed to finance
Jan 17, 2017	referred to consumer protection

Votes

- Mar 7, 2017 - Consumer Protection Committee Vote
  S2748
  
  8
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Mar 7, 2017
      
      aye (8)
      
      Brooks
      
      Carlucci
      
      Funke
      
      Hamilton
      
      Helming
      
      Latimer
      
      Robach
      
      Serrano
      
      nay (2)
      
      Amedore
      
      Comrie
      
      aye wr (1)
      
      Boyle

2017-S2748 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §347-a, Gen Bus L; amd §623, Exec L

2017-S2748 (ACTIVE) - Summary

Provides that in any action commenced under the state's anti-trust law, the court may direct that all or any part of a criminal fine or civil penalty imposed upon a violator may, in the court's discretion, be ordered to be deposited with the office of victim services.

2017-S2748 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2748

 TITLE OF BILL :  An act to amend the general business law and the
executive law, in relation to the disposition of certain fines

 PURPOSE OR GENERAL IDEA OF THE BILL :

This bill would grant a court discretion to designate that part or all
of any fine or penalty paid by an adjudicated violator of the State's
Antitrust Law be paid to the Office of Victim Services.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would add a  new subsection 347-a to the Donnelly Act, the
State's Antitrust Law (General Business Law, SS 240-347) to provide a
sentencing court with discretion to direct that part or all of any
criminal fine or civil penalty paid by an adjudicated violator of the
Antitrust Law deposited with the Office of Victim Services to be
expanded pursuant to Executive Law, Article 22, Executive Law S 623
(19) is amended to facilitate this expenditure.

 JUSTIFICATION :

Antitrust crime by its very nature is economic crime against the
pecuniary interest of broad segments of the populace. In these cases
it is appropriate for courts to be given discretion to direct that

part or all of the monies paid as criminal fines or civil penalties be
paid to the Office of Victim Services, an agency with a broad public
purpose. In 1982, Justice O'Donoghue of the Supreme Court, Kings
County expressed the desire to direct that fines be paid by four
convicted defendants in the milk price fixing case be paid to the
Victims Services Agency of Queens County. He sought the Attorney
General's opinion and was advised that the court had no such
discretion under current law. This bill would grant the court such
discretion.

 PRIOR LEGISLATIVE HISTORY :

2012: A.9028 - Passed Assembly
2011: A,2942-A - Passed Assembly
2009-10: A.1046 - Passed Assembly
2007-08: A.,931 - Passed Assembly
2005-06: A.257 - Passed Assembly

 FISCAL IMPLICATIONS :

This bill would generate revenues in an undetermined amount by
providing a new source of funding for the Office of Victim Services,

 EFFECTIVE DATE :
90th day following enactment: applicable to any judgment entered or
fine or penalty levied on or after such date.

2017-S2748 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2748
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN  ACT  to  amend  the  general  business law and the executive law, in
   relation to the disposition of certain fines
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 347-a to read as follows:
   §  347-A.  FINES  PAYABLE TO THE OFFICE OF VICTIM SERVICES.  FOLLOWING
 SENTENCING FOR A CRIME PURSUANT TO SECTION THREE  HUNDRED  FORTY-ONE  OF
 THIS  ARTICLE  OR  UPON  A  JUDGMENT  PURSUANT  TO SECTION THREE HUNDRED
 FORTY-TWO-A OF THIS ARTICLE, THE COURT IN ITS DISCRETION  MAY  DETERMINE
 THAT  ANY  FINE  OR  PENALTY OR ANY PORTION THEREOF SHALL BE PAID TO THE
 OFFICE OF VICTIM SERVICES TO BE EXPENDED  FOR  ANY  PURPOSE  OF  ARTICLE
 TWENTY-TWO  OF  THE EXECUTIVE LAW AS PROVIDED BY SUBDIVISION NINETEEN OF
 SECTION SIX HUNDRED TWENTY-THREE OF SUCH LAW.
   § 2. Subdivision 19 of section 623 of the executive law, as amended by
 section 8 of part A-1 of chapter 56 of the laws of 2010, is  amended  to
 read as follows:
   19.  To  accept,  with  the  approval of the governor, as agent of the
 state, any grant  including  federal  grants,  ANY  FINES  OR  PENALTIES
 IMPOSED  PURSUANT  TO  SECTION  THREE HUNDRED FORTY-ONE OR THREE HUNDRED
 FORTY-TWO-A OF THE GENERAL BUSINESS LAW AND MADE PAYABLE TO  THE  OFFICE
 PURSUANT TO SECTION THREE HUNDRED FORTY-SEVEN-A OF SUCH LAW, or any gift
 for the purposes of this article. Any monies so received may be expended
 by  the office to effectuate any purpose of this article, subject to the
 applicable provisions of the state finance law.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law  and shall apply to any judgment entered or fine or
 penalty imposed on or after such date.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07477-01-7

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