NY State Senate Bill S5443

senate Bill S5443

2019-2020 Legislative Session

Relates to the reimbursement of employment-related transportation expenses incurred due to the physical injuries sustained as a direct result of a crime

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Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2019	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.683 committee discharged and committed to rules
May 07, 2019	referred to finance
May 01, 2019	referred to crime victims, crime and correction

Votes

view votes

May 14, 2019 - floor Vote

S5443

floor

Aye

Nay

Absent

Excused

Abstained

May 14, 2019 - Rules committee Vote

S5443

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 7, 2019 - Crime Victims, Crime and Correction committee Vote

S5443

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S5443 (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §§621 & 631, Exec L

S5443 (ACTIVE) - Summary

Relates to the reimbursement of employment-related transportation expenses incurred due to the physical injuries sustained as a direct result of a crime.

S5443 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5443

SPONSOR: PERSAUD
 
TITLE OF BILL:  An act AN ACT to amend the executive law, in relation
to the reimbursement of employment-related transportation expenses
necessary as the result of a crime

 
PURPOSE OF THE BILL

The purpose of this measure is to define "employment-related transporta-
tion expenses" as the costs in excess of those normally incurred by a
person, due to their personal physical injury(ies) as the result of a
crime. OVS would reimburse such reasonable expenses, capped at $2,500,
for the period of time necessary, as determined by the relevant medical
information.

 
SUMMARY OF PROVISIONS

Section one would add a new subdivision 25 to section 621 of the Execu-
tive Law, creating the definition of "employment-related transportation
expenses."

Section two would amend subdivision 2 of section 631 of the executive
law, to include in an award to a claimant reasonable employment-related
transportation expenses, not exceeding $2,500 and only for a period
during which such additional expenses are necessary.

Section three is the effective date.

 
JUSTIFICATION

Under current law, a victim who suffers a temporary physical limitation
(e.g., a broken leg) as the result of a crime and is unable to commute
to their place of employment in their normal fashion, faces additional
expenses which OVS is not statutorily-authorized to reimburse. A person
who easily walked a few city blocks to work may now have to take a bus
or car service. Such expenses create an additional burden for crime
victims.

This measure would create a new, enumerated, OVS reimbursable expense to
account for such situations. The expense is capped at $2,500 and limited
to the time period necessary due to the crime-related injuries. Though
rarely requested from OVS' claimants, such a change would be greatly
beneficial to those who would need the reimbursement.

 
PRIOR LEGISLATIVE HISTORY

This is a new bill.

 
FISCAL IMPLICATIONS

This measure will have minimal fiscal impact for the OVS. Past experi-
ence is a good indication that this will be an expense rarely requested.
Any potential increase in compensation costs would be offset by an
increase in the federal reimbursement for victim compensation.

 
EFFECTIVE DATE
This act would take effect on the one-hundred eightieth day after it
becomes law and would apply to all claims filed on or after such effec-
tive date.

S5443 (ACTIVE) - Bill Text download pdf


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

                                  5443

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 1, 2019
                               ___________

Introduced  by  Sen.  PERSAUD  --  (at  request  of the Office of Victim
  Services) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Crime Victims, Crime and Correction

AN  ACT AN ACT to amend the executive law, in relation to the reimburse-
  ment of employment-related transportation expenses  necessary  as  the
  result of a crime

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

  Section 1. Section 621 of the executive law is amended by adding a new
subdivision 25 to read as follows:
  25. "EMPLOYMENT-RELATED TRANSPORTATION EXPENSES" SHALL MEAN THE  COSTS
IN  EXCESS  OF  THOSE  NORMALLY  EXPENDED BY A VICTIM TO GET TO AND FROM
THEIR PLACES OF  EMPLOYMENT,  DUE  TO  THE  PERSONAL  PHYSICAL  INJURIES
SUSTAINED AS A DIRECT RESULT OF THE CRIME UPON WHICH THE CLAIM IS BASED.
IF  REQUIRED  BY LAW, SUCH PLACES OF EMPLOYMENT SHALL BE REPORTED TO THE
APPROPRIATE TAXING AUTHORITY. SUCH COSTS SHALL NOT INCLUDE THE PURCHASE,
LEASE OR RENTAL OF A VEHICLE.
  § 2. Subdivision 2 of section 631 of the executive law, as amended  by
chapter 494 of the laws of 2018, is amended to read as follows:
  2.  Any  award made pursuant to this article shall be in an amount not
exceeding  out-of-pocket  expenses,  including  indebtedness  reasonably
incurred  for  medical  or  other  services necessary as a result of the
injury upon which the claim  is  based;  loss  of  earnings  or  support
resulting  from  such injury not to exceed thirty thousand dollars; loss
of savings not to exceed thirty thousand dollars;  burial  expenses  not
exceeding six thousand dollars of a victim who died on or after November
first,  nineteen  ninety-six as a direct result of a crime; the costs of
crime scene cleanup and securing of a crime scene not exceeding  twenty-
five hundred dollars; reasonable relocation expenses not exceeding twen-
ty-five  hundred  dollars;  REASONABLE EMPLOYMENT-RELATED TRANSPORTATION
EXPENSES, NOT EXCEEDING TWENTY-FIVE HUNDRED DOLLARS and the unreimbursed

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

                                                           LBD09239-01-9

S. 5443                             2

cost of repair or replacement of articles of essential personal property
lost, damaged or destroyed as a direct result of the crime. An award for
loss of earnings shall include earnings lost by a parent or guardian  as
a result of the hospitalization of a child victim under age eighteen for
injuries  sustained  as  a  direct result of a crime. In addition to the
medical or other services necessary as a result of the injury upon which
the claim is based, an award may be made for rehabilitative occupational
training for the purpose of job retraining or similar employment-orient-
ed rehabilitative services based upon the claimant's medical and employ-
ment history. For the purpose of this subdivision, rehabilitative  occu-
pational  training  shall  include  but  not  be  limited to educational
training and expenses. An award for rehabilitative occupational training
may be made to a victim, or to a family member of a victim where  neces-
sary  as  a  direct  result  of a crime. AN AWARD FOR EMPLOYMENT-RELATED
TRANSPORTATION EXPENSES SHALL BE LIMITED TO THE  TIME  PERIOD  NECESSARY
DUE  TO  THE  PERSONAL PHYSICAL INJURIES SUSTAINED AS A DIRECT RESULT OF
THE CRIME UPON WHICH THE CLAIM IS BASED, AS DETERMINED  BY  THE  MEDICAL
INFORMATION COLLECTED DURING THE INVESTIGATION OF THE CLAIM.
  § 3. This act shall take effect on the one hundred eightieth day after
it  shall have become law; provided, however, that if chapter 494 of the
laws of 2018 shall not have taken effect on or  before  such  date  then
section  two  of  this act shall take effect on the same date and in the
same manner as such chapter of the laws of 2018 takes effect.

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The New York State Senate

senate Bill S5443

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

May 14, 2019 - floor Vote

Floor Vote: May 14, 2019

May 14, 2019 - Rules committee Vote

Rules Committee Vote: May 14, 2019

May 7, 2019 - Crime Victims, Crime and Correction committee Vote

Crime Victims, Crime and Correction Committee Vote: May 7, 2019

Co-Sponsors

S5443 (ACTIVE) - Details

S5443 (ACTIVE) - Summary

S5443 (ACTIVE) - Sponsor Memo

S5443 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5443

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Sponsored By

Roxanne J. Persaud

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

May 14, 2019 - floor Vote

Floor Vote: May 14, 2019

May 14, 2019 - Rules committee Vote

Rules Committee Vote: May 14, 2019

May 7, 2019 - Crime Victims, Crime and Correction committee Vote

Crime Victims, Crime and Correction Committee Vote: May 7, 2019

Co-Sponsors

Pete Harckham

Anna M. Kaplan

S5443 (ACTIVE) - Details

S5443 (ACTIVE) - Summary

S5443 (ACTIVE) - Sponsor Memo

S5443 (ACTIVE) - Bill Text download pdf

Comments