Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Mar 31, 2022 |
referred to codes delivered to assembly passed senate |
Mar 09, 2022 |
advanced to third reading |
Mar 08, 2022 |
2nd report cal. |
Mar 07, 2022 |
1st report cal.655 |
Jan 05, 2022 |
referred to codes returned to senate died in assembly |
May 19, 2021 |
referred to codes delivered to assembly passed senate |
May 12, 2021 |
advanced to third reading |
May 11, 2021 |
2nd report cal. |
May 10, 2021 |
1st report cal.967 |
Jan 30, 2021 |
referred to codes |
Senate Bill S3791
2021-2022 Legislative Session
Sponsored By
(D) 14th Senate District
Archive: Last Bill Status - In Assembly 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
co-Sponsors
(D) 50th Senate District
2021-S3791 (ACTIVE) - Details
2021-S3791 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3791 SPONSOR: COMRIE TITLE OF BILL: An act to amend the penal law, in relation to the misappropriation of payroll funds PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to establish the crime of misappropriation of payroll funds in New York. SUMMARY OF PROVISIONS: Section one establishes the crime of Misappropriation of Payroll Funds. States that a delay in the transfer of funds when related to an investi- gation cannot be considered a misappropriation. Section two establishes corporate criminal liability for the crime of Misappropriation of Payroll Funds.
2021-S3791 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3791 2021-2022 Regular Sessions I N S E N A T E January 30, 2021 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the misappropriation of payroll funds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 165.80 to read as follows: § 165.80 MISAPPROPRIATION OF PAYROLL FUNDS. A PERSON IS GUILTY OF MISAPPROPRIATION OF PAYROLL FUNDS WHEN HE OR SHE KNOWS THAT FUNDS ARE DESIGNATED FOR USE AS EMPLOYEE PAYROLL FUNDS OR AS PAYMENT OF PAYROLL TAXES, AND INTENTIONALLY PREVENTS THE FUNDS FROM BEING USED FOR THEIR DESIGNATED PURPOSE. A DELAYED TRANSFER OF FUNDS, IN ACCORDANCE WITH AN AGREEMENT BETWEEN A PAYROLL PROCESSING COMPANY AND AN EMPLOYER FOR THE PURPOSE OF INVESTIGATING POTENTIALLY FRAUDULENT OR INCORRECT TRANSACTIONS, SHALL NOT CONSTITUTE MISAPPROPRIATION OF PAYROLL FUNDS. A PAYROLL PROCESSING COMPANY SHALL NOT BE RESPONSIBLE FOR AN EMPLOYER'S FAILURE TO PROVIDE SUFFICIENT FUNDS. MISAPPROPRIATION OF PAYROLL FUNDS IS A CLASS E FELONY. § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law, as amended by chapter 671 of the laws of 1986, is amended to read as follows: (c) The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of his OR HER employment and in behalf of the corporation, and the offense is (i) a misdemeanor or a violation, (ii) one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on a corporation, [or] (iii) any offense set forth in title twenty-seven of article seven- ty-one of the environmental conservation law, OR (IV) MISAPPROPRIATION OF PAYROLL FUNDS AS DEFINED IN SECTION 165.80 OF THIS CHAPTER. § 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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