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A2577Assembly2009-2010 SessionSame asS2974

Requires brokers who receive monies in a fiduciary capacity to deposit such monies in an interest on broker account

Sponsor Helene WeinsteinAD-41Affects Legal
Status
In Assembly Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Who cares

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Sponsors

Primary sponsor
Helene Weinstein

Assembly Member · Assembly District 41

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S2974Senate

Requires brokers who receive monies in a fiduciary capacity to deposit such monies in an interest on broker account

In Senate Committee · Judiciary · Sponsor John L. Sampson

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A2577 REPLACEMENT 5/21/10

Title of bill

An act to amend the real property law and the state finance law, in relation to brokers fiduciary funds

Purpose or general idea of bill

To direct real estate brokers to hold escrowed monies in certain specialized accounts.

Summary of specific provisions

This bill would direct real estate brokers to hold all escrowed monies held for the benefits of others in specialized Interest On Brokers Accounts (IOBA), patterned after Interest On Lawyers' Accounts (IOLA). All interest earned from MBA accounts would flow to the benefit of civil legal service funding.

Justification

In 1993 Judiciary Law Sec. 497 was enacted, which provided for attorney's escrow monies to be held in specialized IOLA accounts. The interest proceeds from these accounts were then used to fund much needed civil legal services. It is submitted that the extension of these accounts for the benefit of civil legal services would be a sensible and logical step which would likewise benefits those will civil legal service needs, but without the resources to pay for same.

This bill extends the similar guidelines to financial institutions and brokers applicable to said funds as had been made applicable to attorneys pursuant to the aforementioned IOLA legislation.

Prior legislative history

2009: A.2577/S.2974 - A. Judi/S. Judi 2007-08: A.2992- Passed Assembly 2006: A.11662- Passed Assembly

Fiscal implications for state and local governments

None.

Effective date

Immediately, however, Section 1 of the bill shall not take effect until the Secretary of State, the board of trustees of the IOLA fund, and the Internal Revenue Service shall have provided appropriate certifications as to the nontaxable nature of interest accrued in such accounts.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.