senate Bill S2962A

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

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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

  • 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.

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Bill Details

See Assembly Version of this Bill:
A2493A
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

Sponsor Memo

BILL NUMBER:S2962A

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
veteran'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 communities. 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. Violations
that pose an imminent threat to health and safety and any violations
of the Alcoholic Beverage Control Law are exempt from the 120 day
notice

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--A

                       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  --
  reported  favorably from said committee and committed to the Committee
  on Investigations and Government Operations --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

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 ARE ISSUED OR
APPLIED BY ANY MUNICIPAL OR HEALTH AGENCY 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  CONTINUES,  THEN  A  MONETARY  FINE  MAY BE ISSUED OR APPLIED
PROVIDED, THAT AFTER SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH  VETERANS'
ORGANIZATION  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.  THE PROVISIONS OF
THIS SECTION SHALL NOT: (A)  APPLY  TO  ANY  IMMINENT  LIFE  THREATENING
BUILDING  CODE  OR HEALTH CODE VIOLATION WHICH NECESSITATES AN EMERGENCY
CLOSURE OF A FACILITY; OR (B) BE CONSTRUED TO APPLY  TO  OR  EFFECT  ANY
VIOLATION OF THE ALCOHOLIC BEVERAGE CONTROL LAW MADE BY A FACILITY.
  2.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "CONGRESSIONALLY CHAR-
TERED VETERANS' GROUP" SHALL MEAN ANY  VETERANS'  GROUP  THAT  HAS  BEEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01064-04-3

S. 2962--A                          2

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.

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