Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 04, 2012 |
referred to crime victims, crime and correction |
Mar 02, 2011 |
referred to crime victims, crime and correction |
Senate Bill S3728
2011-2012 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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
co-Sponsors
(D, WF) 28th Senate District
2011-S3728 (ACTIVE) - Details
- Current Committee:
- Senate Crime Victims, Crime And Correction
- Law Section:
- Executive Law
- Laws Affected:
- Amd §631, Exec L
- Versions Introduced in 2009-2010 Legislative Session:
-
S3943
2011-S3728 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3728 TITLE OF BILL: An act to amend the executive law, in relation to raising the level of claims for which proof of financial difficulty is not required PURPOSE: To raise the threshold amount for claims for compensation for crime related losses, for which the Crime Victims Board must determine that the claimant will suffer financial difficulty unless the claim is approved, from $5,000 to $6,000. SUMMARY OF PROVISIONS: Section 631(6) (a) of the Executive Law is amended to state that no finding of financial difficulty is required for a claim for an emergency award or an award less than $6,000. EFFECT ON EXISTING LAW: Current law states that no finding of financial difficulty is required for a claim for an emergency award or an award less than $5,000. JUSTIFICATION: Under current law, any compensation to a victim which approaches the maximum threshold award of $5,000 must be investigated
2011-S3728 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3728 2011-2012 Regular Sessions I N S E N A T E March 2, 2011 ___________ Introduced by Sens. OPPENHEIMER, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law, in relation to raising the level of claims for which proof of financial difficulty is not required THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 6 of section 631 of the execu- tive law, as amended by section 22 of Part A1 of chapter 56 of the laws of 2010, is amended to read as follows: (a) Claims may be approved only if the office finds that unless the claimant's award is approved he will suffer financial difficulty. However, no finding of financial difficulty is required for a claim for an emergency award or an award less than [five] SIX thousand dollars. In determining financial difficulty, the office shall consider all relevant factors, including but not limited to: (1) the number of claimant's dependents; (2) reasonable living expenses of the claimant and his family; (3) any special health, rehabilitative or educational needs of the claimant and his dependents; (4) the claimant's employment situation including income and potential earning capacity; (5) the claimant's net financial resources after authorized deduction as provided in paragraphs (b) and (c) of this subdivision; (6) whether claimant's financial resources will become exhausted during his lifetime; and (7) the nature and the amount of claimant's total debt and liabil- ities, including the amount of debt incurred or to be incurred to pay for losses and expenses of the crime, and the extent to which claimant's essential assets will have to be liquidated. S 2. This act shall take effect immediately and shall apply to all claims pending before the board or submitted thereto on or after its effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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