Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to labor |
Jun 21, 2017 |
committed to rules |
Jun 05, 2017 |
advanced to third reading |
May 24, 2017 |
2nd report cal. |
May 23, 2017 |
1st report cal.1276 |
Mar 27, 2017 |
reported and committed to finance |
Mar 15, 2017 |
referred to labor |
Senate Bill S5199
2017-2018 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Labor 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
Actions
Votes
2017-S5199 (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §538, Lab L
2017-S5199 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5199 TITLE OF BILL : An act to amend the labor law, in relation to fees of attorneys assigned to represent claimants on appeals to the appellate division in unemployment insurance cases This measure is being introduced at the request of Unified Court System on behalf of the Appellate Division, Third Judicial Department. Under present section 538(1)(d) of the Labor Law, assigned counsel handling appeals to the Appellate Division and to the Court of Appeals in cases arising under the Unemployment Insurance Law are entitled to a fee not exceeding $500. This measure would adjust this level of compensation instead to provide assigned counsel with a fee at the rate of $75 per hour subject to a cap in any one case of $2,000. As adjusted, compensation would continue to be funded by the State through the court system budget. If enacted, this would be the first adjustment in the attorney fee for assigned counsel in these cases in nearly 35 years. Not since the 1981 legislative session, when the fee was raised to the present level, has there been any change or, to our knowledge, any effort to promote a change. This is notwithstanding that other State-paid assigned counsel, under section 35 of the Judiciary Law, have received two
2017-S5199 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5199 2017-2018 Regular Sessions I N S E N A T E March 15, 2017 ___________ Introduced by Sen. ALCANTARA -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to fees of attorneys assigned to represent claimants on appeals to the appellate division in unem- ployment insurance cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 1 of section 538 of the labor law, as amended by chapter 831 of the laws of 1981, is amended to read as follows: (d) In addition to any fee which may be allowed by the appeal board for services rendered to the claimant, an attorney representing a claim- ant shall [be entitled to a fee] RECEIVE COMPENSATION AT A RATE OF SEVENTY-FIVE DOLLARS PER HOUR AND SUCH COMPENSATION SHALL not [to] exceed the sum of [five hundred] TWO THOUSAND dollars and necessary printing and other disbursements in each of the following cases: (1) On an appeal from a decision of the appeal board in favor of the claimant. (2) On a motion for leave to appeal to the court of appeals from a deci- sion of the appellate division of the supreme court which relates to a decision of the appeal board in favor of the claimant. (3) On an appeal to the court of appeals from a decision of the appellate division of the supreme court which relates to a decision of the appeal board in favor of the claimant. When a claimant takes such appeal, the court shall allow a fee and disbursements only if it finds the appeal to have been meritorious. § 2. This act shall take effect immediately; provided, however, it shall apply only to appeals commenced on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08986-01-7
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