senate Bill S1544

Makes the failure of a sex offender to register or verify pursuant to sex offender registration act, or working on an ice cream truck a class D felony

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 02 / Jun / 2011
    • 1ST REPORT CAL.977
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO CORRECTION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 18 / Apr / 2012
    • 1ST REPORT CAL.542
  • 19 / Apr / 2012
    • 2ND REPORT CAL.
  • 25 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 01 / May / 2012
    • PASSED SENATE
  • 01 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 02 / May / 2012
    • REFERRED TO CORRECTION

Summary

Makes the failure of a sex offender to register or verify pursuant to the provisions of the sex offender registration act or violation of the prohibition on sex offenders being employed on a motor vehicle engaged in the retail sale of frozen desserts a class D felony.

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Bill Details

Versions:
S1544
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §168-t, Cor L
Versions Introduced in 2009-2010 Legislative Cycle:
S1483

Sponsor Memo

BILL NUMBER:S1544

TITLE OF BILL: An act to amend the multiple dwelling law, in relation
to the collection of charges for heat-related residential utility
service

PURPOSE OR GENERAL IDEA OF BILL: This bill would amend section 79 of
the Multiple Dwelling Law to eliminate the practice of building owners
charging residential rental tenants for electricity, natural gas, and
other fuel used for space heating in the dwelling unit.

SUMMARY OF SPECIFIC PROVISIONS: Subdivision 1 of section 79 of the
multiple dwelling law is amended to prohibit an owner or agent of any
owner from separately charging tenants or occupants for any electricity,
electric service, natural gas or natural gas service or other fuel
utilized to heat living quarters.

JUSTIFICATION: Shifting heating costs to tenants reduces economic
incentives fox landlords to improve the thermal efficiency of their
structures, through measures such as insulation, window replacement with
high efficiency glass, and provide more efficient heating systems,
fixtures, and smart controls. This is contrary to state policy to
promote energy efficiency and to reduce greenhouse gas emissions.

As utility costs rise, some building owners have begun to shift their
costs for fuel and electricity onto their tenants, by requiring tenants
to pay heating surcharges, separate and apart from rent, for fuel or
electricity used to heat their dwelling units. These surcharges are
based on consumption measured by either landlord-owned meters, or based
on apartment square footage allocations. These surcharges, typically for
natural gas or electricity, are inherently unpredictable, are not quan-
tified in tenant leases, and are not knowable in advance. As such, they
cause great hardship to tenants living on fixed incomes from social
security, disability and pensions, who lack significant savings.
Frequently, heating surcharges imposed by owners are not subject to
outside audit or verification by the tenant and are therefore inherently
prone to abuse. Shifting building owners' heating costs to tenants
through unpredictable and continually varying surcharges. renders these
costs not transparent to tenants, because owners are not obligated to
reveal the energy inefficiencies of their buildings or the amount of
energy wasted by the heating equipment they operate. In contrast, if
building owners retain direct responsibility for heating costs, they
will recover those costs in the rent they charge and they will have the
incentive to adopt cost effective efficiency measures. The charge for
rent is fixed and transparent, and can be understood by existing and
prospective tenants. The Multiple Dwelling Law already imposes upon
landlords the obligation to provide heat or heating fixtures to tenants.

This bill prevents owners of multiple dwellings from imposing charges
for natural gas, electricity, or other fuel used fox space heating sepa-
rate from the stated rent. It does not affect situations where a tenant

has directly metered gas or electric service from a franchised gas
corporation or electric corporation.

Requiring tenants to pay surcharges to building owners for fuel and
electricity for heating denies them the protections of programs designed
by the legislature to protect low income utility customers from abuse,
such as the Home Energy Fair Practices Act (HEFPA), and the legislative-
ly-created safety nets for the needy including the emergency utility
assistance program under Social Services Law § 131-s and the energy
crisis provisions of the home energy assistance program under Social
Services Law 97 (HEAP). Customer remedies and assistance in these
programs is triggered by a notice of termination of utility service, and
is not available when surcharges for heating costs axe deemed to be
"added rent," allowing landlords to evict tenants for nonpayment.
Tenants who encounter temporary difficulty in meeting their obligations
to pay for fluctuating charges heat-related utility service are in a far
worse position than direct utility company over unpaid or disputed
charges; they are given the opportunity to pay arrears over time in
affordable installments through deferred payment plans, which must be
offered as an alternative to termination of utility service, and they
have the opportunity to obtain emergency HEAP or Social Services Law
section 131-s assistance. Such assistance is not available when the
landlord imposes a rent surcharge for a utility service it provides
through its own meters or for the cost of utility service which the
landlord uses to heat the premises and allocates based on square footage
or other factors.

PRIOR LEGISLATIVE HISTORY: 2011-2012: S.1775 Referred to Housing,
Construction & Community Development
2009-2010: S.4749 Referred to Housing, Construction & Community Develop-
ment

FISCAL IMPLICATIONS: None is anticipated.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1544

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- 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 correction law, in relation to the failure to regis-
  ter  or verify under the sex offender registration act or violation of
  the prohibition of sex offenders working on motor vehicles engaged  in
  retail sales of frozen desserts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 168-t of the correction law, as amended by  chapter
373 of the laws of 2007, is amended to read as follows:
  S  168-t.  Penalty. Any sex offender required to register or to verify
pursuant to the provisions of this article  who  fails  to  register  or
verify  in  the  manner and within the time periods provided for in this
article [shall be guilty of a class E felony  upon  conviction  for  the
first  offense,  and  upon conviction for a second or subsequent offense
shall be guilty of a class D felony. Any sex offender] OR  who  violates
the  provisions  of  section  one  hundred sixty-eight-v of this article
shall be guilty of [a class A misdemeanor upon conviction for the  first
offense, and upon conviction for a second or subsequent offense shall be
guilty  of] a class D felony. Any such failure to register or verify may
also be the basis for revocation  of  parole  pursuant  to  section  two
hundred fifty-nine-i of the executive law or the basis for revocation of
probation pursuant to article four hundred ten of the criminal procedure
law.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06189-01-1

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