Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to consumer protection |
Jan 07, 2015 |
referred to consumer protection |
Senate Bill S306
2015-2016 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection 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
2015-S306 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2661
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §347-a, Gen Bus L; amd §623, Exec L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A1046
2011-2012: A2942, A9028
2013-2014: S7577, A5386
2017-2018: S58, A3555
2019-2020: S41, A4054
2015-S306 (ACTIVE) - Sponsor Memo
BILL NUMBER: S306 TITLE OF BILL : An act to amend the general business law and the executive law, in relation to the disposition of certain fines PURPOSE OR GENERAL IDEA OF THE BILL : This bill would grant a court discretion to designate that part or all of any fine or penalty paid by an adjudicated violator of the State's Antitrust Law be paid to the Office of Victim Services. SUMMARY OF SPECIFIC PROVISIONS : This bill would add a new subsection 347-a to the Donnelly Act, the State's Antitrust Law (General Business Law, SS 240-347) to provide a sentencing court with discretion to direct that part or all of any criminal fine or civil penalty paid by an adjudicated violator of the Antitrust Law deposited with the Office of Victim Services to be expanded pursuant to Executive Law, Article 22, Executive Law S 623 (19) is amended to facilitate this expenditure. JUSTIFICATION : Antitrust crime by its very nature is economic crime against the pecuniary interest of broad segments of the populace. In these cases it is appropriate for courts to be given discretion to direct that part or all of the monies paid as criminal fines or civil penalties be paid to the Office of Victim Services, an agency with a broad public purpose. In 1982, Justice O'Donoghue of the Supreme Court, Kings County expressed the desire to direct that fines be paid
2015-S306 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 306 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law and the executive law, in relation to the disposition of certain fines THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 347-a to read as follows: S 347-A. FINES PAYABLE TO THE OFFICE OF VICTIM SERVICES. FOLLOWING SENTENCING FOR A CRIME PURSUANT TO SECTION THREE HUNDRED FORTY-ONE OF THIS ARTICLE OR UPON A JUDGMENT PURSUANT TO SECTION THREE HUNDRED FORTY-TWO-A OF THIS ARTICLE, THE COURT IN ITS DISCRETION MAY DETERMINE THAT ANY FINE OR PENALTY OR ANY PORTION THEREOF SHALL BE PAID TO THE OFFICE OF VICTIM SERVICES TO BE EXPENDED FOR ANY PURPOSE OF ARTICLE TWENTY-TWO OF THE EXECUTIVE LAW AS PROVIDED BY SUBDIVISION NINETEEN OF SECTION SIX HUNDRED TWENTY-THREE OF SUCH LAW. S 2. Subdivision 19 of section 623 of the executive law, as amended by section 8 of part A-1 of chapter 56 of the laws of 2010, is amended to read as follows: 19. To accept, with the approval of the governor, as agent of the state, any grant including federal grants, ANY FINES OR PENALTIES IMPOSED PURSUANT TO SECTION THREE HUNDRED FORTY-ONE OR THREE HUNDRED FORTY-TWO-A OF THE GENERAL BUSINESS LAW AND MADE PAYABLE TO THE OFFICE PURSUANT TO SECTION THREE HUNDRED FORTY-SEVEN-A OF SUCH LAW, or any gift for the purposes of this article. Any monies so received may be expended by the office to effectuate any purpose of this article, subject to the applicable provisions of the state finance law. S 3. This act shall take effect on the sixtieth day after it shall have become a law and shall apply to any judgment entered or fine or penalty imposed on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.