Authorizes an attorney to attach a lien to awards and settlement proceeds received by his or her client through alternative dispute resolution or settlement negotiations.
Ayes (57): Adams, Addabbo, Alesi, Avella, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Young, Zeldin
Nays (1): Ball
Excused (3): Hannon, Parker, Valesky
TITLE OF BILL: An act to amend the labor law, in relation to authorizing the commissioner of labor to implement rules and regulations concerning the removal of lead, asbestos and other hazardous wastes
PURPOSE: Authorizes the commissioner of labor to implement rules and regulations regarding the removal of lead, asbestos, and other hazardous waste.
SUMMARY OF PROVISIONS: Adds a new subdivision 6 to section 902 of the labor law. Licensing and Certification standards shall be established by the commissioner for the removal of lead, asbestos, and other hazardous materials. Any person possessing a valid license or certificate for the removal of lead, asbestos, or other hazardous material prior to January first, in the year preceding the effective date of this legislation, shall be grandfathered under the provisions pursuant to paragraph (a) of this subdivision.
JUSTIFICATION: Approximately, 1,300 asbestos workers will lose their employment based upon the standards set by the Department of Labor and the Department of Motor Vehicles.
LEGISLATIVE HISTORY: 2011-12: S.2413 - Referred to Labor 2009-10: S.1132 - Referred to Labor 2007-08: S.2921 - Referred to Labor 2005-06: S.1598 - Passed Assembly 1/24/06; Referred to Labor; Died in Senate 2004: S.7645 - Referred to Rules A.11558 (same as) - Passed Assembly
FISCAL IMPLICATIONS: This bill would have an impact on the Department. Once rules and regulations regarding the licensing and certification of the removal of lead, asbestos or other hazardous material are promulgated the Department will have to process approximately 6,000 lead applications annually. The department of labor estimates it will be necessary to hire at least two Grade 9 Keyboard Specialists in order to handle the increased workload. The estimate cost of these positions is $125,000.
*provided by the New York State Department of Labor
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1546 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to authorizing an attor- ney to attach a charging lien to awards and settlement proceeds that clients receive through alternative dispute resolutions and settlement negotiations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 475 of the judiciary law, as amended by chapter 105 of the laws of 1946, is amended to read as follows: S 475. Attorney's lien in action, special or other proceeding. From the commencement of an action, special or other proceeding in any court or before any state, municipal or federal department, except a depart- ment of labor, or the service of an answer containing a counterclaim, OR THE INITIATION OF ANY MEANS OF ALTERNATIVE DISPUTE RESOLUTION INCLUDING, BUT NOT LIMITED TO, MEDIATION OR ARBITRATION, OR THE PROVISION OF SERVICES IN A SETTLEMENT NEGOTIATION AT ANY STAGE OF THE DISPUTE, the attorney who appears for a party has a lien upon his OR HER client's cause of action, claim or counterclaim, which attaches to a verdict, report, determination, decision, AWARD, SETTLEMENT, judgment or final order in his OR HER client's favor, and the proceeds thereof in whatever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment, final order or determi- nation. The court upon the petition of the client or attorney may determine and enforce the lien. S 2. Section 475-a of the judiciary law, as added by chapter 551 of the laws of 1955, is amended to read as follows: S 475-a. NOTICE OF LIEN. If prior to the commencement of an action, ARBITRATION, MEDIATION OR A FORM OF ALTERNATIVE DISPUTE RESOLUTION, OR A special or other proceeding, an attorney serves a notice of lien upon the person or persons against whom his OR HER client has or may have aEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06080-01-1 S. 1546 2
claim or cause of action, the attorney has a lien upon the claim or cause of action from the time such notice is given, which attaches to a verdict, report, determination, decision, AWARD, SETTLEMENT or final order in his OR HER client's favor of any court, ARBITRAL TRIBUNAL or of any state, municipal or federal department, except a department of labor, and to any money or property which may be recovered on account of such claim or cause of action in whatever hands they may come; and the lien cannot be affected by any settlement between the parties after such notice of lien is given. The notice shall, (1) be served by either personal service or registered mail; (2) be in writing; (3) state that the relationship of attorney and client has been established, the nature of the claim or cause of action, and that the attorney claims a lien on such claim or cause of action; (4) be signed by the client, or by a person on his OR HER behalf whose relationship is shown, and which signature shall also be witnessed by a disinterested person whose address shall also be given; and (5) be signed by the attorney. A lien obtained under this section shall otherwise have the same effect and be enforced in the same manner as a lien obtained under section four hundred seventy-five of this
[chapter]ARTICLE. S 3. This act shall take effect on the ninetieth day after it shall have become a law.