Defines and establishes the extent of relocation expenses for crime victim awards.
Ayes (13): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Montgomery, Hoylman, Peralta, Rivera
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
TITLE OF BILL: An act to amend the executive law, in relation to the definition of relocation expenses for the purposes of crime victim services
Purpose of Bill: This bill would amend the Executive Law to authorize the Office of Victim Services (OVS) to include expenses of other household members, and not just the victim's expenses, when making an award for relocation expenses.
Summary of Provisions:
Section one of the bill would amend Executive Law § 621(23) to include certain household members' expenses within the definition of "relocation expenses" for which a crime victim may receive an award from OVS.
Section two of the bill provides the effective date.
Existing Law: Under Executive Law § 621(23), the OVS may only make an award for relocation expenses to the victim of a crime. Specifically, subdivision twenty-three states that "relocation expenses" shall mean "the cost of relocating a crime victim, when relocation is necessary for the health or safety of the victim." As a result, when household members relocate with a victim, OVS may only make an award for the share of the relocation expenses allocated to the victim.
Prior Legislative History: This is a new bill.
Statement in Support: OVS has the authority to make an award to a crime victim for his or her relocation expenses when the move is necessary to ensure the victim's health or safety. When a victim lives with family members, however, there is no provision which would allow the OVS to make such an award that includes the moving expenses of other family or household members. This has led to OVS having to make awards based on the victim's pro-rata share of the overall moving expenses of the household.
This bill would correct this obvious shortcoming in the current law by providing that when an award is made for relocation expenses, the award shall include the reasonable costs of moving and transporting the victim's spouse and dependents with whom he or she resides. For a child victim, the award would include the expenses of the child-victim's parent, stepparent or guardian, as well as other persons who are dependent upon the parent, stepparent or guardian who also resides in the household.
Budget Implications: This measure will have minimal fiscal impact for the OVS. Any potential increase in compensation costs would be offset by an increase in the federal reimbursement for victim compensation.
Effective Date: This bill would take effect 30 days after it becomes a law.
STATE OF NEW YORK ________________________________________________________________________ 4344 2013-2014 Regular Sessions IN SENATE March 21, 2013 ___________Introduced by Sen. GALLIVAN -- (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 to amend the executive law, in relation to the definition of relocation expenses for the purposes of crime victim services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 23 of section 621 of the executive law, as added by chapter 377 of the laws of 2005, is amended to read as follows: 23. "Relocation expenses" shall mean the cost of relocating a crime victim, when relocation is necessary for the health or safety of the victim.
[Relocation expenses shall include the reasonable cost of moving and transportation expenses.]AN AWARD FOR RELOCATION EXPENSES OF A VICTIM SHALL INCLUDE THE REASONABLE COST OF MOVING AND TRANSPORTATION EXPENSES FOR (A) THE VICTIM, WHICH MAY INCLUDE THE RELOCATION EXPENSES OF THEIR SPOUSE AND ANY OTHER PERSON DEPENDENT FOR HIS OR HER PRINCIPAL SUPPORT UPON THE VICTIM OR SPOUSE WHO LIVES IN THE SAME RESIDENCE AS THE VICTIM, OR (B) IF THE VICTIM IS A CHILD VICTIM ELIGIBLE FOR SUCH AN AWARD PURSUANT TO THIS ARTICLE, THE CHILD VICTIM, WHICH MAY INCLUDE THE RELOCATION EXPENSES OF THEIR PARENT, STEPPARENT, GUARDIAN AND ANY OTHER PERSON DEPENDENT FOR HIS OR HER PRINCIPAL SUPPORT UPON SUCH PARENT, STEPPARENT, AND GUARDIAN WHO LIVES IN THE SAME RESIDENCE AS THE CHILD VICTIM. S 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to all original awards made on and after such date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09017-01-3