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New York Consolidated Laws, Debtor and Creditor Law - DCD § 273-a. Conveyances by defendants

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Every conveyance made without fair consideration when the person making it is a defendant in an action for money damages or a judgment in such an action has been docketed against him, is fraudulent as to the plaintiff in that action without regard to the actual intent of the defendant if, after final judgment for the plaintiff, the defendant fails to satisfy the judgment.

(a)(1) A local educational agency shall inform, through a notice in the manner prescribed in this section, the parents or guardians of each enrolled pupil of California's child access prevention laws and laws relating to the safe storage of firearms, including, but not limited to, Division 4 (commencing with Section 25000) of Title 4 of Part 6 of the Penal Code.

(2) The notice shall be provided annually at the beginning of the first semester or quarter of the regular school term.

(3) The notice shall be informed by the most updated model language developed pursuant to subdivision (c).

(b)(1) The notice described in subdivision (a) shall be made using any of the methods described in Section 48981 that apply and may be provided as a single notice for multiple pupils living in the same household.

(2) A school district shall provide the notice as part of the annual notification required pursuant to Section 48980.

(c)(1) On or before July 1, 2023, the department shall develop, in consultation with the Department of Justice, model language for the notice described in subdivision (a).

(2) On or before July 1, 2024, and each July 1 thereafter, the department shall update as necessary for any change in the law, in consultation with the Department of Justice, the model language developed pursuant to paragraph (1).

(3) The department shall share the model language developed and updated pursuant to paragraphs (1) and (2) in both of the following manners:

(A) With all local educational agencies for the purposes described in subdivision (a).

(B) Upon request, with any private school for distribution or potential distribution by the private school.

(d) A local educational agency, a private school, and the department are immune from civil liability for any damages allegedly caused by, arising out of, or relating to the notice if the entity provided the notice using the model language provided to it by the department.

(e) For purposes of this section, the following definitions apply:

(1) “Local educational agency” means a school district, county office of education, or charter school.

(2) “Private school” means a person, firm, association, partnership, or corporation offering or conducting private school instruction in the state.

(3) “Private school instruction” means instruction at the elementary or high school level for one or more pupils who are 6 to 18 years of age, inclusive. Private school instruction includes, but is not limited to, instruction by conventional or traditional private schools, private school satellite programs, private online or virtual schools, and certified nonpublic nonsectarian schools.

(f)(1) If a local educational agency provides a notice required by Section 49392, the local educational agency shall be deemed to have complied with the requirements of subdivisions (a) and (b), as applicable.

(2) If the department develops model language pursuant to Section 49391, the department shall be deemed to have complied with the requirements of subdivision (c).

(3) This subdivision shall only become operative if Senate Bill 906 of the 2021-22 Regular Session is enacted and becomes effective on or before January 1, 2023, and adds Sections 49391 and 49392 to the Education Code.

Cite this article: - New York Consolidated Laws, Debtor and Creditor Law - DCD § 273-a. Conveyances by defendants - last updated January 01, 2021 |

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