senate Bill S2962

Amended

Requires a 120-day warning period for violations at certain veterans' organization facilities

download pdf

Sponsor

Bill Status


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

actions

  • 25 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 11 / Mar / 2013
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 18 / Mar / 2013
    • REPORTED AND COMMITTED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 23 / Apr / 2013
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 23 / Apr / 2013
    • PRINT NUMBER 2962A
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 03 / Feb / 2014
    • 1ST REPORT CAL.85
  • 04 / Feb / 2014
    • 2ND REPORT CAL.
  • 10 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 28 / Apr / 2014
    • PASSED SENATE
  • 28 / Apr / 2014
    • DELIVERED TO ASSEMBLY
  • 28 / Apr / 2014
    • REFERRED TO VETERANS' AFFAIRS

Summary

Requires a 120-day warning period for violations at congressionally chartered veterans' organization facilities.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A2493
Versions:
S2962
S2962A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add ยง397-b, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
S6414, A9708

Votes

9
0
9
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Consumer Protection committee vote details

Sponsor Memo

BILL NUMBER:S2962

TITLE OF BILL: An act to amend the general business law, in relation to
requiring a one hundred twenty-day warning period for certain violations
at certain veterans' organization facilities

PURPOSE: The purpose is to provide a warning period whereby the veter-
an's organization can rectify the violation in lieu of the immediate
imposition of a fine.

SUMMARY OF PROVISIONS: Amends the general business law by adding a new
section 397-b which would provide for a warning period for certain
violations at certain veterans organizations facilities. The term
"congressionally chartered veterans group shall mean any veterans' group
that has been chartered by the United States Congress under title 36 of
the United States code.

JUSTIFICATION: Veteran's organizations such as American Legions and VFW
posts provide a variety of much needed services to our veterans. They
serve as a resource for various for nonprofit and government services as
well as a brotherhood and support system for veterans in their communi-
ties. Very often these organizations will be charged with various
violations from New York City agencies. This legislation seeks to give
the Veterans organization 120 days to rectify said violation prior to a
fine being imposed. The financial burden of fines is enormous for these
crucial organizations that have lost so much financial support due to
the recession. The 120 days notice will give the veterans organization
the time needed to rectify the violation prior to the fine being
imposed. In addition, the legislation dictates that after a 120 day
period, veterans organizations may request a written extension with
proof of attempt to cure violation.

LEGISLATIVE HISTORY: 2012: S. 6414 - Referred to Consumer Protection

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
becoming law.

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

                                  2962

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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, in relation to requiring a one
  hundred twenty-day warning period for certain  violations  at  certain
  veterans' organization facilities

  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
397-b to read as follows:
  S 397-B. WARNING PERIOD FOR CERTAIN VIOLATIONS  AT  CERTAIN  VETERANS'
ORGANIZATION  FACILITIES.  1. BEFORE ANY MONETARY FINES OR PENALTIES ARE
ISSUED OR APPLIED TO THE OWNER OR OPERATOR OF ANY PLACE, POST,  FACILITY
OR  HALL  OWNED  OR  OPERATED  BY  A CONGRESSIONALLY CHARTERED VETERANS'
GROUP, A WARNING PERIOD OF ONE HUNDRED  TWENTY  DAYS  SHALL  TAKE  PLACE
DURING  WHICH TIME SUCH GROUP SHALL BE ABLE TO CURE SUCH VIOLATION.  IF,
AT THE END OF SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH VIOLATION CONTIN-
UES, THEN A MONETARY FINE OR PENALTY MAY BE ISSUED OR APPLIED  PROVIDED,
THAT  AFTER SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH VETERANS' ORGANIZA-
TION MAY REQUEST AN EXTENSION OF TIME TO  CURE  SUCH  VIOLATION.    SUCH
REQUEST  SHALL  BE MADE IN WRITING AND SHALL INCLUDE PROOF OF AN ATTEMPT
TO CURE SUCH VIOLATION WITHIN SUCH PERIOD.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM  "CONGRESSIONALLY  CHAR-
TERED  VETERANS'  GROUP"  SHALL  MEAN  ANY VETERANS' GROUP THAT HAS BEEN
CHARTERED BY THE UNITED STATES CONGRESS UNDER TITLE  36  OF  THE  UNITED
STATES CODE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01064-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.