assembly Bill A1928

Relates to providing oversight and monitoring the operations of an independent system operator

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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

Summary

Relates to providing oversight and monitoring of the operations of an independent system operator; authorizes the public service commission to provide oversight and requires annual reports on the independent system operator.

Bill Details

See Senate Version of this Bill:
S3543
Versions:
A1928
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Amd §66, Pub Serv L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1928

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public service law, in relation to  providing  over-
  sight and monitoring the operations of an independent system operator

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

  Section 1. 1. Definitions. For  the  purposes  of  this  section,  the
terms:
  a.  "independent system operator" shall mean any not-for-profit corpo-
ration formed and operating in the state of New York that is approved by
the United States federal energy regulatory commission to operate in the
state to administer and monitor wholesale electricity markets.
  b. "end use sector member" shall mean any entity that purchases  elec-
tricity for its own consumption and not for resale.
  2.  Board  members.  The  board of directors of the independent system
operator shall include three members who shall represent  the  interests
of  small  business owners and farmers. The governor, the speaker of the
assembly and the temporary president of the senate  shall  each  appoint
one such member.
  3.  Disclosure of information. a. An independent system operator oper-
ating in this state shall disclose price data related to  its  wholesale
market  operations  including,  but not limited to, information on real-
time, hour-ahead and day-ahead bids in the independent system operator's
wholesale electricity market auctions, transmission congestion  contract
auctions  and  installed  capacity  market  auctions with no more than a
three month delay. Such data shall  be  provided  in  aggregate  hourly,
daily,  monthly, annual and historical data sets for comparison purposes
and shall also reflect seasonal and peak load variations and averages.
  b. The independent system operator shall also disclose  the  names  of
any  bidder that submits a bid in any of the auctions described in para-
graph a of this subdivision and the amount of the bid.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02449-01-5

A. 1928                             2

  c. Such information shall be made in a format  readily  available  and
accessible to the public.
  4.  Consumer liaison. The independent system operator shall appoint an
employee to serve as consumer liaison, whose primary duty  shall  be  to
interact with members of the end-use sector for the purposes of:
  a. keeping end-use sector members informed about developments that may
affect their interests;
  b.  explaining  the issues and proposals under discussion and proposed
for consideration at the operating committee, business issues  committee
and management committee as well as the ramifications of those proposals
on residential consumers;
  c.  responding to the questions and concerns of members of the end-use
sector; and
  d. serving as the liaison between the end-use sector and  the  members
of  the  operator's board of directors who are designated or assigned to
focus on the interests of the residential, small business and farm elec-
tricity users.
  5. Notwithstanding any other provision of law  to  the  contrary,  the
independent  system operator shall be subject to the provisions of arti-
cles 6 and 7 of the public officers law.
  S 2. Section 66 of the public service law is amended by adding  a  new
subdivision 29 to read as follows:
  29. (A) FOR THE PURPOSES OF THIS SUBDIVISION:
  (I) "INDEPENDENT SYSTEM OPERATOR" SHALL MEAN ANY NOT-FOR-PROFIT CORPO-
RATION  FORMED AND OPERATING IN THE STATE THAT IS APPROVED BY THE UNITED
STATES FEDERAL ENERGY REGULATORY COMMISSION TO OPERATE IN THE  STATE  TO
ADMINISTER AND MONITOR WHOLESALE ELECTRICITY MARKETS; AND
  (II)  "END  USE SECTOR MEMBER" SHALL INCLUDE ANY ENTITY THAT PURCHASES
ELECTRICITY FOR ITS OWN CONSUMPTION AND NOT FOR RESALE.
  (B) THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO  PROVIDE  OVERSIGHT
AND MONITOR THE MARKET AND CORPORATE OPERATIONS OF AN INDEPENDENT SYSTEM
OPERATOR, INCLUDING  BUT NOT LIMITED TO THE EXTENT TO WHICH IT:
  (I)  SERVES THE NEEDS OF ALL CUSTOMER CLASSES AND OPERATES IN A MANNER
THAT IS IN THE BEST INTEREST OF THE PUBLIC;
  (II) ENSURES RELIABILITY, QUALITY AND MAINTENANCE OF THE  TRANSMISSION
SYSTEM;
  (III)  COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK STATE OPEN MEET-
ING AND FREEDOM OF INFORMATION LAWS; AND
  (IV) CONTRIBUTES TO THE ACHIEVEMENT  OF  ENERGY  EFFICIENCY  AND  FUEL
DIVERSITY GOALS OF THE STATE.
  (C) THE COMMISSIONER SHALL ANNUALLY ISSUE A REPORT RELATING THE MARKET
AND  CORPORATE  OPERATIONS  OF  THE  INDEPENDENT SYSTEM OPERATOR.   SUCH
REPORTS SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I)  ANALYSES  BY  AN  INDEPENDENT  SYSTEM  OPERATOR  AND  OTHER  DATA
COLLECTED  AND  ANALYZED  BY  THE  COMMISSION  INFORMATION ON REAL-TIME,
HOUR-AHEAD AND DAY-AHEAD MARKET  BIDS  AND  BIDDERS  IN  AN  INDEPENDENT
SYSTEM  OPERATOR'S  WHOLESALE  ELECTRICITY MARKET AUCTIONS, TRANSMISSION
CONGESTION CONTRACT AUCTIONS AND INSTALLED MARKET AUCTIONS;
  (II) A DETERMINATION OF THE EXTENT TO WHICH  THE  ENERGY  MARKETS  ARE
MAINTAINING NECESSARY LEVELS OF RELIABILITY;
  (III) A DETERMINATION OF WHETHER OR NOT ALL CUSTOMER CLASSES ARE BEING
ADEQUATELY SERVED BY COMPETITIVE ENERGY MARKETS;
  (IV) A DETERMINATION OF THE COMPETITIVENESS OF ENERGY MARKETS; INCLUD-
ING  A  DETERMINATION  WHETHER OR NOT THE ELECTRIC INDUSTRY IS PROVIDING
CONSUMERS WITH THE LOWEST PRICES POSSIBLE WITHIN A RESTRUCTURED, COMPET-
ITIVE RETAIL MARKETPLACE;

A. 1928                             3

  (V) A DETERMINATION OF THE EXTENT TO  WHICH  THE  ENERGY  MARKETS  ARE
ACHIEVING THE ENERGY EFFICIENCY AND FUEL DIVERSITY GOALS OF THE STATE;
  (VI)  THE NAME AND TERMS OF THE BOARDS OF DIRECTORS AND OF THE MEMBERS
OF THE INDEPENDENT SYSTEM OPERATOR'S MANAGEMENT, OPERATING AND  BUSINESS
COMMITTEES;
  (VII) AN INDEPENDENT SYSTEM OPERATOR'S FINANCIAL INFORMATION; AND
  (VIII) RECOMMENDATIONS FOR IMPROVING ANY DEFICIENCIES SO IDENTIFIED IN
ELECTRICITY  ENERGY  MARKETS,  INCLUDING  NON-COMPETITIVE  PRICING SITU-
ATIONS.
  (D) THE COMMISSION SHALL SUBMIT SUCH REPORT TO THE GOVERNOR, THE PRES-
IDENT PRO TEM OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE  MINORITY
LEADERS OF THE SENATE AND THE ASSEMBLY, THE CHAIRS OF THE ENERGY COMMIT-
TEES  OF  THE  SENATE  AND  THE ASSEMBLY, NO LATER THAN APRIL FIRST, TWO
THOUSAND SIXTEEN AND ANNUALLY THEREAFTER.
  S 3. This act shall take effect immediately.

assembly Bill A1216

Abolishes the market clearing price

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Sponsor

Bill Status


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

actions

Summary

Abolishes the use of a market clearing price relating to the buying of electricity at an auction held by the independent systems operator.

Bill Details

See Senate Version of this Bill:
S3540
Versions:
A1216
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Amd §66, Pub Serv L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1216

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public service law, in relation  to  abolishing  the
  market clearing price

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

  Section 1.  Section 66 of the public service law is amended by  adding
three new subdivisions 29, 30 and 31 to read as follows:
  29.  REVIEW  THE  RATES  OF  ANY  PUBLIC  UTILITY  ON AN ANNUAL BASIS,
PROVIDED HOWEVER THAT UPON A DETERMINATION BY THE  COMMISSION  THAT  THE
PUBLIC  INTEREST  DOES  NOT REQUIRE SUCH ANNUAL RATE REVIEW, A REVIEW OF
RATES MAY BE UNDERTAKEN AT NO MORE THAN THREE YEAR INTERVALS.
  30. (A) USE THE FULLEST EXTENT OF ITS POWERS TO REGULATE THE  DISTRIB-
UTION OF RETAIL ELECTRIC ENERGY TO RETAIL CUSTOMERS IN THE STATE AND, TO
THE  EXTENT  NOT PROHIBITED BY FEDERAL LAW, THE TRANSMISSION OF ELECTRIC
ENERGY IN THE STATE.
  (B) A MARKET CLEARING PRICE MECHANISM FOR THE PURCHASE OF POWER  SHALL
BE  FORBIDDEN  FOR PURCHASES MADE THROUGH THE WHOLESALE MARKET VIA A BID
PROCUREMENT OR AUCTION PROCESS HELD BY THE INDEPENDENT  SYSTEM  OPERATOR
("ISO")  OF NEW YORK, OR ANY SUCCESSOR IN LAW AND FUNCTION TO SUCH ENTI-
TY.
  (C) SUCH AUCTION OR BID PROCUREMENT PROCESS SHALL BE OVERSEEN  BY  THE
COMMISSION,  WHICH  SHALL REQUIRE A DESCENDING CLOCK, PAY-AS-BID AUCTION
IN WHICH BID AMOUNTS WILL CONTINUE TO FALL UNTIL NO BIDDER IS WILLING TO
SUPPLY ELECTRICITY AT A LOWER PRICE. FOR THE PURPOSES  OF  THIS  ARTICLE
"DESCENDING  CLOCK  AUCTION" SHALL BE DEFINED AS AN AUCTION IN WHICH THE
PRICES DROP THROUGHOUT AN AUCTION  OF  TIME-LIMITED  DURATION;  STARTING
HIGH AND BEING REDUCED GRADUALLY UNTIL THE SUPPLY BID IS JUST SUFFICIENT
TO  MEET  THE ELECTRICAL LOAD TO BE PROCURED. PRICES THAT TICK DOWN IN A
ROUND DECREASE BY A DECREMENT; WHICH IS A GIVEN PERCENTAGE OF THE PREVI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02311-01-5

A. 1216                             2

OUS PRICE. BIDDERS HOLDING THE FINAL BIDS WHEN THE  AUCTION  CLOSES  ARE
THE WINNERS.
  (D)  BIDDERS  WILL  BE FORBIDDEN FROM KNOWING WHEN THE AMOUNT OF ELEC-
TRICITY SUPPLY FILLS REQUIREMENTS.
  (E) THE COMMISSION SHALL APPOINT  AN  INDEPENDENT  MARKET  ADVISOR  TO
REVIEW  MARKET  PRACTICES  AND  BEHAVIOR; THAT WILL RECOMMEND TO THE ISO
ACTIONS THAT CAN BE TAKEN TO MITIGATE  OR  CORRECT  BEHAVIOR  BY  MARKET
PARTICIPANTS  THAT  WAS  REASONABLY  CALCULATED TO, OR HAD THE EFFECT OF
AFFECTING THE FUNCTION OF THE AUCTION PROCESS SO THAT THE WINNING BIDDER
WAS NOT THE LOWEST PRICE BIDDER.
  (F) UTILITIES MAY BUY POWER FROM MARKETS OTHER THAN THE  ISO,  OR  VIA
CONTRACTS  WITH  INDIVIDUALS  OR GROUPS OF GENERATING ENTITIES, PROVIDED
THAT SUCH ELECTRICAL ENERGY MUST BE OFFERED TO  CUSTOMERS  AT  JUST  AND
REASONABLE RATES.
  31.  (A)  THE COMMISSION SHALL EXERCISE ITS FULL JURISDICTION OVER THE
ISO OF NEW YORK.
  (B) THE COMMISSION SHALL REGULATE THE RELIABILITY, QUALITY AND MAINTE-
NANCE BY TRANSMITTERS AND DISTRIBUTORS OF THEIR TRANSMISSION AND  RETAIL
DISTRIBUTION SYSTEMS.
  (C)  THE  COMMISSION  SHALL REGULATE THE RELIABILITY, QUALITY, MAINTE-
NANCE, AND PRICE OF GENERATORS.
  (D) THE COMMISSION SHALL NOT REQUIRE ANY INCUMBENT ELECTRIC UTILITY TO
DIVEST ITSELF OF ANY GENERATION,  TRANSMISSION  OR  DISTRIBUTION  ASSETS
PURSUANT  TO  ANY PROVISION OF THIS CHAPTER WITHOUT SPECIFIC AUTHORIZING
LEGISLATION FOR SUCH PURPOSE.
  (E) THE COMMISSION  SHALL  DEVELOP  CODES  OF  CONDUCT  GOVERNING  THE
CONDUCT  OF INCUMBENT ELECTRIC UTILITIES AND AFFILIATES THEREOF WHEN ANY
SUCH AFFILIATES PROVIDE, OR CONTROL ANY  ENTITY  THAT  PROVIDES,  GENER-
ATION, DISTRIBUTION, OR TRANSMISSION SERVICES TO THE EXTENT NECESSARY TO
PREVENT IMPAIRMENT OF COMPETITION. NOTHING IN THIS CHAPTER SHALL PREVENT
AN  INCUMBENT  ELECTRIC  UTILITY  FROM  OFFERING METERING OPTIONS TO ITS
CUSTOMERS.
  S 2. This act shall take effect immediately.

senate Bill S3531

Directs New York state urban development corporation to implement affirmative action programs for women and women-owned businesses to afford equal opportunity

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Sponsor

Bill Status


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

actions

Summary

Requires the state urban development corporation and each of its subsidiaries to take affirmative action so as to assure that business enterprises owned and operated by women be given an equal opportunity to participate in the planning, construction and operation of projects of the corporation or its subsidiaries; provides that the UDC shall from time to time gather information and make written findings, if warranted, with respect to areas of the state where its projects are located, concerning the effects of past discrimination against women and business enterprises owned and operated by women; provides that the UDC shall adopt, in writing and implement such actions to achieve and maintain equal employment and business opportunity as it may reasonably deem necessary and appropriate.

Bill Details

Versions:
S3531
Current Committee:
Law Section:
New York State Urban Development Corporation Act
Laws Affected:
Amd §4, UDC Act

Sponsor Memo

BILL NUMBER:S3531

TITLE OF BILL: An act to amend the New York state urban development
corporation act, in relation to certain employment discrimination

SUMMARY OF PROVISIONS:The purpose of this bill is to authorize the New
York State Urban Development Corporation (UDC) and its subsidiaries to
take affirmative action an behalf of women and women-owned business
enterprises. In Section 1 of the bill, the Legislature finds and
declares that women and women-owned business enterprises have been the
victim of past discrimination, that they have been denied equal
opportunity to participate in and contribute to the State's economy,
that the State has a compelling interest in eradicating the effects of
such past discrimination and that in some instances the effects of
such discrimination can only be overcome by the use of numerical goals
and other temporary preferential methods. The Legislature also finds
that the UDC has the expertise necessary to gather data concerning
discrimination and to formulate and implement effective affirmative
action programs in accordance with such information.

Section 2 provides that this bill is to be deemed an exercise of the
police and procurement powers and in fulfillment of the State
Constitution's provisions regarding civil rights. Section 3 provides,
in summary, as follows: 1. The UDC Act (Unconsolidated Laws, sections
6251 through 6285) is amended by adding a new section 4 which directs
the UDC to take affirmative action on behalf of women and women-owned
business enterprises, 2. In areas where its projects are located, UDC
is authorized to make findings with respects to the effects of past
discrimination against women. 3. UDC is authorized to take such
remedial measures to achieve and maintain equal employment and
business opportunities as it deems necessary and appropriate. Such
actions may include the establishment of counseling and training
programs, affirmative recruitment and community liaison efforts and
the temporary use of numerical goals and special bid conditions. 4. No
remedial measure may mandate the discharge of any work because of sex.
5. In instances where public bidding is required, UDC is directed to
consider the ability and the willingness of a bidder to provide for
the participation of women and women-owned business enterprises in
determining whether the b idder is responsible. 6. UDC and its
subsidiaries are authorized to require that any person or entity
involved in a UDC project comply with its affirmative action program.
7. UDC is required to include in its annual report a description of
its activities under section 4{ 12) and is authorized to promulgate
regulations to effect the purposes of the bill.

JUSTIFICATION: Existing law does not contain a sufficient basis for
the establishment of affirmative action programs to increase the level
of participation by women and women-owned business enterprises where
such programs include the use of numerical goals and other temporary
preferential methods.

This bill is intended to remedy this situation and provide the
appropriate legislative authority for UDC to implement affirmative
action programs for women and women-owned business enterprises
containing such provisions.


LEGISLATIVE HISTORY: 2013/14: Referred to Corporations, Authorities,
and Commissions

FISCAL IMPLICATIONS:

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
________________________________________________________________________

                                  3531

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 11, 2015
                               ___________

Introduced by Sen. PANEPINTO -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Corporations, Authorities
  and Commissions

AN ACT to amend the New York state urban development corporation act, in
  relation to certain employment discrimination

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

  Section  1.  Legislative  intent. It is hereby found and declared that
the state has had a leadership role in maximizing equal  opportunity  in
employment  for  all  its  citizens, but that in many communities in the
state, because of past sex discrimination, women and  women-owned  busi-
ness enterprises do not have such equal opportunity.
  It  is  further  found  and  declared  that  as  a result of such past
discrimination, many women and women-owned business enterprises  do  not
enjoy  full  opportunity to participate in and contribute to the state's
economy, or to obtain the experience necessary to become more productive
contributors to the economy.
  It is further found and declared  that  the  lack  of  opportunity  to
participate  in public contracts tends to decrease the pool of available
labor, thereby adversely affecting the cost and progress of such  public
contracts.
  It  is  further  found  and  declared  that the state has a compelling
interest in eradicating the effects of  such  past  discrimination,  and
that  well chosen efforts at eradication result in a gain which substan-
tially outweighs any detrimental effects.
  It is further found and declared that the  patterns,  causes,  effects
and  victims  of such past discrimination have varied and do vary widely
among communities, occupations and industries, and that no one  approach
to  remedying  the effects of this discrimination will be most effective
in all  circumstances,  but  rather  that,  where  feasible,  corrective
programs should be tailored to the particular situation.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00940-01-5

S. 3531                             2

  It  is  further found and declared that under some circumstances equal
opportunity can be afforded to women  and  women-owned  business  enter-
prises, only by the temporary use of preferential methods such as numer-
ical  goals  for participation by women and women-owned enterprises, and
that  such methods can and should be carefully chosen, using statistical
and other information where available, so that the methods are  employed
only  where  they are considered necessary to achieve equal opportunity,
and have the least practicable adverse impact on men and men-owned busi-
nesses.
  It is further found and declared that the New York state urban  devel-
opment  corporation  and its subsidiaries have developed extensive know-
ledge and expertise in the areas of manpower development  and  training,
urban  blight  and  revitalization,  affirmative  action, the letting of
public contracts, the construction of public projects, and  the  statis-
tical analysis of employment and economic patterns throughout the state.
  It  is further found and declared that the New York state urban devel-
opment corporation and its subsidiaries have the requisite knowledge and
expertise to examine employment  and  economic  patterns  in  particular
communities,  occupations  and  industries, and to ascertain whether the
effects of past discrimination persist, and if so, how they  might  best
be remedied.
  It is further found and declared that affirmative action is consistent
with,  and a necessary component of fulfilling, the New York state urban
development corporation's mission of  revitalizing  the  blighted  urban
areas  and  the economy of the state, and of improving the conditions of
the low income residents of the state.
  Therefore, it is hereby found and declared that it is  in  the  public
interest  and  necessary  and  desirable  that  the New York state urban
development corporation, for itself and for  its  subsidiaries,  develop
and  implement  affirmative  action  programs where and as necessary for
their projects, applicable to the corporation and its subsidiaries,  and
their  projects  and  activities, and their contractors, subcontractors,
consultants, vendees and lessees, based where necessary upon analysis of
the circumstances in the relevant communities,  occupations  and  indus-
tries,  with  the goal of ensuring equal opportunity for women and busi-
ness enterprises actually owned and operated by women.
  S 2. This act shall be deemed an exercise of the police power and  the
procurement  power of the state, and in fulfillment of the provisions of
the constitution of the state concerning civil rights.
  S 3. Section 4 of section 1 of  chapter  174  of  the  laws  of  1968,
constituting  the  New  York state urban development corporation act, is
amended by adding a new subdivision 12 to read as follows:
  (12) THE CORPORATION AND EACH OF  ITS  SUBSIDIARIES,  WHETHER  CREATED
SPECIALLY  BY  STATUTE  OR  OTHERWISE,  SHALL TAKE AFFIRMATIVE ACTION IN
WORKING WITH CONSTRUCTION FIRMS, CONTRACTORS,  SUBCONTRACTORS,  CONSULT-
ANTS  AND  OTHER  FIRMS,  TO THE END THAT WOMEN AND BUSINESS ENTERPRISES
OWNED AND OPERATED BY WOMEN, SHALL  BE  AFFORDED  EQUAL  OPPORTUNITY  TO
PARTICIPATE  IN  THE PLANNING, CONSTRUCTION AND OPERATION OF PROJECTS OF
THE CORPORATION AND ITS SUBSIDIARIES, AND IN ALL OTHER ACTIVITIES OF THE
CORPORATION AND ITS SUBSIDIARIES.  TOWARD THIS END:  (A) THE CORPORATION
SHALL FROM TIME TO TIME GATHER INFORMATION AND MAKE WRITTEN FINDINGS, IF
WARRANTED, WITH RESPECT TO THE AREAS OF THE STATE WHERE ITS PROJECTS ARE
LOCATED, CONCERNING THE EFFECTS OF ANY PAST DISCRIMINATION AGAINST WOMEN
AND BUSINESS ENTERPRISES OWNED AND OPERATED BY WOMEN.
  (B) SUCH FINDINGS MAY, BUT NEED NOT BE BASED, IN  WHOLE  OR  IN  PART,
UPON  STATISTICS  INDICATING  THAT CERTAIN WOMEN OR BUSINESS ENTERPRISES

S. 3531                             3

OWNED AND OPERATED BY WOMEN HAVE A DISPROPORTIONATELY LOW  PARTICIPATION
IN  RELEVANT  OCCUPATIONS  OR  INDUSTRIES IN THE AREA, RELATIVE TO THEIR
PROPORTION IN THE RELEVANT POPULATION OR LABOR FORCE.
  (C)  THE  CORPORATION  SHALL  ADOPT,  IN  WRITING,  AND IMPLEMENT SUCH
ACTIONS TO ACHIEVE AND MAINTAIN EQUAL EMPLOYMENT AND  BUSINESS  OPPORTU-
NITY AS IT MAY REASONABLY DEEM NECESSARY AND APPROPRIATE. IN APPROPRIATE
INSTANCES,  THESE  ACTIONS  MAY INCLUDE, WITHOUT LIMITATION, AFFIRMATIVE
EFFORTS AT RECRUITMENT, COUNSELLING, TRAINING,  AND  COMMUNITY  LIAISON,
AND  WHEN FINDINGS OF DISCRIMINATION HAVE BEEN MADE, AND NOTWITHSTANDING
ANY OTHER PROVISION OF STATE OR LOCAL LAW, THE TEMPORARY USE OF  ATTAIN-
ABLE  PREFERENTIAL METHODS TO ENSURE THAT WOMEN AND BUSINESS ENTERPRISES
ACTUALLY OWNED AND OPERATED BY WOMEN MAY PARTICIPATE FULLY IN THE  PLAN-
NING,  CONSTRUCTION  AND OPERATION OF THE APPLICABLE PROJECT, AND IN THE
OCCUPATIONS AND INDUSTRIES WHICH PARTICIPATE IN SUCH PROJECT. AS USED IN
THE PRECEDING SENTENCE, THE TERM "OWNED" MEANS BONA FIDE OWNERSHIP OF AT
LEAST FIFTY PER CENTUM OF THE BUSINESS ENTERPRISE, AND THE  TERM  "OPER-
ATED"  MEANS  THE CONTROL OF THE MANAGEMENT AND DAILY OPERATIONS OF SUCH
BUSINESS ENTERPRISE. NO METHOD SELECTED SHALL MANDATE THE  DISCHARGE  OF
ANY  WORKER  BECAUSE  OF  HIS  OR  HER SEX. WHERE APPROPRIATE BECAUSE OF
DIFFERING CIRCUMSTANCES, THE CORRECTIVE ACTIONS CHOSEN MAY DIFFER  AMONG
AREAS  AND  PROJECTS, AND WITHIN PROJECTS AMONG OCCUPATIONS, INDUSTRIES,
AND CONTRACTS. NOTHING IN THIS SUBDIVISION SHALL BE  DEEMED  TO  REQUIRE
THE  HIRING  OF  UNQUALIFIED  WORKERS,  OR  TO AUTHORIZE THE AWARDING OF
CONTRACTS TO ENTERPRISES THAT ARE NOT RESPONSIBLE AND RELIABLE AND QUAL-
IFIED TO PERFORM THE WORK REQUIRED.
  (D) IN DETERMINING WHETHER A BIDDER OR  PROPOSED  CONTRACTOR  FOR  ANY
TYPE  OF WORK LET OR SERVICES PROCURED BY THE CORPORATION OR ITS SUBSID-
IARIES IS  RESPONSIBLE,  THE  CORPORATION  AND  ITS  SUBSIDIARIES  SHALL
CONSIDER  (BUT  NEED  NOT  LIMIT THEIR CONSIDERATION TO) THE ABILITY AND
WILLINGNESS OF SUCH BIDDER OR PROPOSED CONTRACTOR  TO  PROVIDE,  AND  TO
COMMIT  TO  PROVIDE, FOR PARTICIPATION OF WOMEN AND BUSINESS ENTERPRISES
ACTUALLY OWNED AND OPERATED BY WOMEN, TO THE EXTENT DETERMINED NECESSARY
PURSUANT TO THIS SUBDIVISION, AND  IN  ACCORDANCE  WITH  THE  PROCEDURES
ESTABLISHED HEREIN.
  (E)  THE  CORPORATION AND ITS SUBSIDIARIES, IF NECESSARY OR CONVENIENT
TO  ACHIEVE  THE  PURPOSES  OF  THIS  SUBDIVISION,  MAY  IMPOSE  THROUGH
CONTRACT,  LEASE  OR CONVEYANCE PROVISIONS OR OTHERWISE, THE AFFIRMATIVE
ACTION MEASURES UNDERTAKEN PURSUANT TO THIS SUBDIVISION UPON ANY PERSONS
OR ENTITIES THAT PLAN, CONSTRUCT OR OPERATE ITS PROJECTS, INCLUDING  BUT
NOT LIMITED TO THOSE PROJECTS WHOSE CONSTRUCTION IS COMPLETE, AND WHETH-
ER  OR  NOT  THE  CORPORATION  OR ANY OF ITS SUBSIDIARIES RETAINS A REAL
PROPERTY INTEREST IN ANY PORTION OF THE PROJECT.
  (F) THE CORPORATION IN ITS ANNUAL  REPORT  SHALL  FULLY  DESCRIBE  ITS
ACTIVITIES  PURSUANT  TO  THIS  SUBDIVISION, SO THAT THE LEGISLATURE MAY
FROM TIME TO TIME REASSESS ITS DELEGATION TO  THE  CORPORATION  AND  ITS
SUBSIDIARIES  OF FACT-FINDING AND IMPLEMENTING RESPONSIBILITIES CONCERN-
ING AFFIRMATIVE ACTION.
  (G) THE CORPORATION MAY FROM TIME TO TIME PROMULGATE PROCEDURES, REGU-
LATIONS AND  INTERPRETATIONS  NECESSARY  OR  CONVENIENT  TO  EFFECT  THE
PURPOSES  OF THIS SUBDIVISION. SUCH PROMULGATIONS SHALL NOT BE DEEMED TO
BE "RULES" FOR PURPOSES OF CHAPTER 167 OF THE LAWS OF 1975, AS AMENDED.
  S 4. If any provisions of this act, or the application thereof to  any
person  or  circumstances  shall  be  adjudged by any court of competent
jurisdiction to be invalid or unenforceable,  such  judgment  shall  not
affect,  impair  or invalidate the remainder of this act or the applica-
tion of such provision to any other person or circumstance, but shall be

S. 3531                             4

confined in its operation to  the  provision,  person  and  circumstance
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 5.  This act shall take effect immediately.

assembly Bill A4279

Relates to establishing the "police officer protection fund" for the purpose of retrofitting officer patrol vehicles with bullet-proof glass

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Bill Status


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

actions

Summary

Relates to establishing the "police officer protection" fund for the purpose of retrofitting officer patrol vehicles with bullet-proof glass.

Bill Details

See Senate Version of this Bill:
S1710
Versions:
A4279
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Add §99-w, St Fin L; add §630-d, Tax L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4279

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Ways and Means

AN ACT to amend the state finance law and the tax law,  in  relation  to
  establishing the police officer protection fund

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

  Section 1. The  commissioner  of  the  division  of  criminal  justice
services  shall establish and implement a program to retrofit all patrol
vehicles of the New York police department, and  thereafter  all  patrol
vehicles  of  the  New York state police, with bullet-proof glass within
five years of the effective date of this act. Funding for  such  program
shall  be  drawn  from  the  police  officer protection fund established
pursuant to section 99-w of the state finance law.
  S 2. The state finance law is amended by adding a new section 99-w  to
read as follows:
  S  99-W. POLICE OFFICER PROTECTION FUND. 1. A SPECIAL FUND TO BE KNOWN
AS THE "POLICE OFFICER PROTECTION FUND" IS  HEREBY  ESTABLISHED  IN  THE
CUSTODY  OF  THE  STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
FINANCE.
  2. THE FUND SHALL CONSIST OF  ALL  MONIES  TRANSFERRED  TO  SUCH  FUND
PURSUANT  TO LAW, ALL MONIES REQUIRED BY ANY PROVISION OF LAW TO BE PAID
INTO OR CREDITED TO THE FUND, ALL MONIES FROM GIFTS PURSUANT TO  SECTION
SIX  HUNDRED THIRTY-D OF THE TAX LAW AND ANY INTEREST EARNINGS WHICH MAY
ACCRUE FROM THE INVESTMENT OF MONIES  IN  THE  FUND.  NOTHING  CONTAINED
HEREIN  SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS
FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION  AND  DEPOSITING
THEM INTO THE FUND ACCORDING TO LAW.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE TO THE DIVI-
SION  OF  CRIMINAL  JUSTICE SERVICES FOR THE PURPOSE OF ESTABLISHING AND
IMPLEMENTING A PROGRAM TO RETROFIT ALL PATROL VEHICLES OF THE  NEW  YORK

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07202-01-5

A. 4279                             2

POLICE  DEPARTMENT,  AND  THEREAFTER ALL PATROL VEHICLES OF THE NEW YORK
STATE POLICE, WITH BULLET-PROOF GLASS.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
OF CRIMINAL JUSTICE SERVICES.
  S  3.  The tax law is amended by adding a new section 630-d to read as
follows:
  S 630-D. GIFT FOR THE POLICE OFFICER PROTECTION  FUND.  EFFECTIVE  FOR
ANY TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN,
AN  INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE POLICE
OFFICER PROTECTION FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE  DOLLAR
AMOUNT  AND  SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDI-
VIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME  TAX
RETURN  TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING
ANY OTHER PROVISION OF LAW  ALL  REVENUES  COLLECTED  PURSUANT  TO  THIS
SECTION  SHALL  BE  CREDITED  TO POLICE OFFICER PROTECTION FUND AND USED
ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-NINE-W OF THE STATE
FINANCE LAW.
  S 4. This act shall take effect immediately.

assembly Bill A3848

Provides that the language used in a proposed amendment, proposition or question to be submitted to the people for approval shall be the in the legislation authorizing such submission; repealer

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Bill Status


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

actions

Summary

Provides that the language used in a proposed amendment, proposition or question to be submitted to the people for approval shall be in the legislation authorizing such submission.

Bill Details

Versions:
A3848
Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §4-108, rpld sub 3, El L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3848

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. STIRPE -- read once and referred to the Committee
  on Election Law

AN  ACT  to  amend  the  election law, in relation to language used in a
  proposed amendment, proposition or question to  be  submitted  to  the
  people  for  their  approval; and to repeal certain provisions of such
  law relating thereto

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

  Section  1.  Subdivision  2  of  section 4-108 of the election law, as
amended by chapter 136 of the laws  of  1978,  is  amended  to  read  as
follows:
  2.  The  form in which the proposed amendment, proposition or question
is to be submitted shall consist of only an abbreviated title indicating
generally and briefly, and in a clear and coherent  manner  using  words
with common and every-day meanings, the subject matter of the amendment,
proposition  or  question. SUCH FORM OF SUBMISSION SHALL BE SET FORTH IN
THE LEGISLATION AUTHORIZING THE SUBMISSION OF SUCH  AMENDMENT,  PROPOSI-
TION OR QUESTION TO THE PEOPLE FOR THEIR APPROVAL. If more than one such
amendment, proposition or question is to be voted upon at such election,
each such amendment, proposition or question respectively shall be sepa-
rately and consecutively numbered.
  S 2. Subdivision 3 of section 4-108 of the election law is REPEALED.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06722-01-5

assembly Bill A3657

Relates to permitting licensees authorized to sell liquor at retail for consumption off the premises to sell additional related items

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Sponsor

Bill Status


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

actions

Summary

Relates to permitting licensees authorized to sell liquor at retail for consumption off the premises to sell additional related items including gift baskets, glassware, accessories, novelty clothing, liquor candy, gift bags and books.

Bill Details

See Senate Version of this Bill:
S3031
Versions:
A3657
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §63, ABC L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3657

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. STIRPE -- read once and referred to the Committee
  on Economic Development

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  permitting licensees authorized to sell liquor at retail for  consump-
  tion off the premises to sell additional related items

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

  Section 1. Subdivision 4 of  section  63  of  the  alcoholic  beverage
control  law,  as amended by chapter 603 of the laws of 1992, is amended
to read as follows:
  4. No licensee under this section shall be engaged in any other  busi-
ness  on  the  licensed premises. The sale of lottery tickets, when duly
authorized and lawfully conducted, the sale of corkscrews or the sale of
ice or the sale of  publications,  including  prerecorded  video  and/or
audio  cassette tapes, designed to help educate consumers in their know-
ledge and appreciation of wine and wine products, as defined in  section
three  of  this  chapter,  or  the  sale of non-carbonated, non-flavored
mineral waters, spring waters and drinking waters or the sale of glasses
designed for the consumption of wine, racks designed for the storage  of
wine,  and  devices  designed  to  minimize oxidation in bottles of wine
which have been uncorked,  ADDITIONAL  ITEMS  RELATED  TO  THE  SALE  OF
LIQUOR,  INCLUDING  BUT NOT LIMITED TO NOVELTY CLOTHING, LIQUOR AND WINE
ACCESSORIES, GLASSWARE, PRE-PACKAGED GIFT BASKETS CONTAINING  LIQUOR  OR
WINE  WITH  ACCESSORIES,  LIQUOR  CANDY,  GIFT BAGS AND BOOKS, shall not
constitute engaging in another  business  within  the  meaning  of  this
subdivision.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01744-01-5

J586

Congratulating Josh Lamison upon the occasion of reaching 1,000 points in his career as a member of the Bridgehampton High School Va...

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Sponsor

actions

  • 12 / Feb / 2015
    • REFERRED TO FINANCE

Resolution Details

Versions:
J586
Law Section:
Resolutions, Legislative

text

J586


LEGISLATIVE RESOLUTION congratulating Josh Lamison upon the occasion of
reaching 1,000 points in his career as a member of the Bridgehampton
High School Varsity Basketball Team

WHEREAS, Excellence and success in competitive sports can be achieved
only through strenuous practice, team play and team spirit, nurtured by
dedicated coaching and strategic planning; and
WHEREAS, Athletic competition enhances the moral and physical develop-
ment of the young people of this State, preparing them for the future by
instilling in them the value of teamwork, encouraging a standard of
healthy living, imparting a desire for success and developing a sense of
fair play and competition; and
WHEREAS, This Legislative Body is justly proud to commend Josh Lamison
upon the occasion of reaching1,000 points in his career as a member of
the Bridgehampton High School Varsity Basketball Team; and
WHEREAS, Josh Lamison, a junior forward for the Bridgehampton High
School Varsity Basketball Team, recorded his 1,000th career point in his
team's 74-37 victory over Stony Brook on Tuesday, February 3, 2015; and
WHEREAS, A prolific scorer and rebounder, Josh Lamison is only the
fourth player in Bridgehampton High School history to reach 1,000 points
as a junior; and
WHEREAS, Josh Lamison's performance throughout the season has been
outstanding and he was loyally and enthusiastically supported by family,
fans, friends and the community at large; and
WHEREAS, Poised eagerly with enthusiasm and determined purpose, this
exemplary athlete now stands honorably, with just pride in his accom-
plishments and in eager anticipation of future challenges, understanding
and appreciating the caring counsel and support provided by his coaches,
teachers, and parents; and
WHEREAS, It is the intent of this Legislative Body to commend and pay
tribute to those young people who, by achieving outstanding success in
athletic competition, have inspired and brought pride to our majestic
Empire State; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
congratulate Josh Lamison upon the occasion of reaching 1,000 points in
his career as a member of the Bridgehampton High School Varsity Basket-
ball Team; and be it further
RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to Josh Lamison.

assembly Bill A1267

Chapter amends A. 8106-C and S. 5885-B, to amend the reporting requirements for employers which violate wage payment provisions and eliminates the duty to investigate the previous 6 years; repealer

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Sponsor

Bill Status


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

actions

Summary

Amends the reporting requirements for employers which violate wage payment provisions and eliminates the duty of the commissioner of labor to investigate such employers' records for the previous 6 years; repeals the wage theft prevention enforcement account.

Bill Details

See Senate Version of this Bill:
S1319
Versions:
A1267
Law Section:
Labor Law
Laws Affected:
Amd §§218, 219-c, 198 & 663, Lab L; rpld §97-pppp, St Fin L; amd §13, Chap 537 of 2014
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1267

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. LUPARDO, HEASTIE -- read once and referred to the
  Committee on Labor

AN  ACT  to amend the labor law, in relation to penalties for violations
  of wage payment provisions and  contractor  accountability;  to  amend
  chapter  537 of the laws of 2014 amending the labor law and other laws
  relating  to  increased  penalties  for  violations  of  wage  payment
  provisions and contractor accountability, in relation to the effective
  date  of  certain provisions thereof; and to repeal section 97-pppp of
  the state finance law relating to the wage theft  prevention  enforce-
  ment account

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

  Section 1. Subdivision 1 of section 218 of the labor law,  as  amended
by chapter 537 of the laws of 2014, is amended to read as follows:
  1.  If  the  commissioner  determines  that an employer has violated a
provision of article six (payment of wages), article  nineteen  (minimum
wage  act),  article  nineteen-A  (minimum wage standards and protective
labor practices for farm workers), section two hundred twelve-a, section
two hundred twelve-b, section one hundred sixty-one  (day  of  rest)  or
section  one hundred sixty-two (meal periods) of this chapter, or a rule
or regulation promulgated thereunder, the commissioner  shall  issue  to
the  employer  an  order  directing  compliance  therewith,  which shall
describe particularly the nature of the alleged  violation.  A  copy  of
such  order  shall be provided to any employee who has filed a complaint
and any authorized representative of him or her. In addition to  direct-
ing  payment of wages, benefits or wage supplements found to be due, and
liquidated damages in the amount of one hundred percent of unpaid wages,
such order, if issued to an employer who previously has  been  found  in
violation  of  those provisions, rules or regulations, or to an employer
whose violation is willful or egregious, shall  direct  payment  to  the
commissioner of an additional sum as a civil penalty in an amount not to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12006-01-5

A. 1267                             2

exceed  double  the total amount of wages, benefits, or wage supplements
found to be due. [Additionally, such order, if issued to an employer who
previously has been found in violation of  those  provisions,  rules  or
regulations,  or to an employer whose violation is willful or egregious,
shall direct such employer to report, by location, and for  such  period
as  the  commissioner shall determine, (a) the number of permanent full-
time employees, the number of temporary full-time employees, the  number
of  permanent  part-time  employees,  the  number of temporary part-time
employees,  and  the  number  of  temporary  staffing  agency  employees
performing work for the employer; (b) the hourly rates of such employees
reported  in  the  following  brackets: the state minimum wage to $9.99;
$10.00 to $11.99; $12.00 to $14.99; and $15.00 or more; (c)  the  number
of employees who regularly worked the following number of hours per week
during  the relevant calendar period: at least sixty; at least fifty but
fewer than sixty; at least forty, but fewer than fifty; at  least  thir-
ty-five  but  fewer  than  forty; at least thirty but fewer than thirty-
five; at least twenty-five but fewer than thirty; at  least  twenty  but
fewer  than  twenty-five;  at  least ten but fewer than twenty; at least
five but fewer than ten; fewer  than  five.  No  individual  identifying
information  of  such employees shall be reported or otherwise disclosed
to the department. The department shall post the data collected  on  the
department's  website.  For  the  purposes  of  this  section, temporary
employees shall be those employees who are hired for a period  of  sixty
days  or  less  during  the  relevant calendar year, full-time employees
shall be those regularly working forty hours or more per week during the
relevant calendar year, part-time employees shall be those working  less
than forty hours per week during the relevant calendar year.] In no case
shall  the  order direct payment of an amount less than the total wages,
benefits or wage supplements found by the commissioner to be  due,  plus
the  liquidated  damages  in the amount of one hundred percent of unpaid
wages, the appropriate civil penalty, and interest at the rate of inter-
est then in effect, as prescribed by  the  superintendent  of  financial
services  pursuant  to  section  fourteen-a of the banking law per annum
from the date of the underpayment to the date of the payment. Where  the
violation  is  for  a  reason  other  than the employer's failure to pay
wages, benefits or wage supplements found to be  due,  the  order  shall
direct  payment  to the commissioner of a civil penalty in an amount not
to exceed one thousand dollars  for  a  first  violation,  two  thousand
dollars  for a second violation or three thousand dollars for a third or
subsequent violation. In  assessing  the  amount  of  the  penalty,  the
commissioner  shall give due consideration to the size of the employer's
business, the good faith basis of  the  employer  to  believe  that  its
conduct  was  in  compliance with the law, the gravity of the violation,
the history of previous violations and, in the case of  wages,  benefits
or  supplements  violations, the failure to comply with recordkeeping or
other non-wage requirements.
  Where there is a violation of section one  hundred  ninety-eight-b  of
this chapter, the order shall direct payment back to the employee of the
amount of wages, supplements or other thing of value unlawfully received
plus  liquidated  damages in the amount of one hundred percent of unpaid
wages, and  interest  at  the  rate  of  interest  then  in  effect,  as
prescribed  by  the  superintendent  of  financial  services pursuant to
section fourteen-a of the banking law per annum from  the  date  of  the
payback,  return,  donation  or contribution to the date of payment, and
shall include such other relief as may be appropriate, including  rehir-
ing or reinstatement of the employee to his or her former position, back

A. 1267                             3

wages, and restoration of seniority. In addition, the commissioner shall
order payment of a civil penalty of at least twenty-five hundred dollars
but  not more than five thousand dollars per violation. In assessing the
amount  of the penalty, the commissioner shall give due consideration to
the size of the employer's business, the good faith basis of the employ-
er to believe that its conduct was in compliance with the law, the grav-
ity of the violation, AND the history of previous violations.
  At the discretion of the commissioner,  the  commissioner  shall  have
full  authority to provide for inclusion of an automatic fifteen percent
additional amount of damages to come due and owing  upon  expiration  of
ninety  days  from  an  order to comply becoming final. The commissioner
shall provide written notice to the employer in the order to  comply  of
this additional damage.
  S  2. Section 219-c of the labor law is amended by adding a new subdi-
vision 3 to read as follows:
  3. WHERE AN ORDER IS ISSUED UNDER SECTION TWO HUNDRED EIGHTEEN OF THIS
ARTICLE THAT  ASSESSES  A  CIVIL  PENALTY  AGAINST  AN  EMPLOYER  FOR  A
REPEATED,  WILLFUL,  OR  EGREGIOUS VIOLATION, TO DIRECT SUCH EMPLOYER TO
REPORT, BY LOCATION, AND TO POST ON THE DEPARTMENT'S WEBSITE,  FOR  SUCH
PERIOD  AS THE COMMISSIONER SHALL DETERMINE, (A) THE NUMBER OF PERMANENT
FULL-TIME EMPLOYEES, THE NUMBER OF TEMPORARY  FULL-TIME  EMPLOYEES,  THE
NUMBER  OF  PERMANENT  PART-TIME  EMPLOYEES,  THE  NUMBER  OF  TEMPORARY
PART-TIME EMPLOYEES, AND THE NUMBER OF TEMPORARY STAFFING AGENCY EMPLOY-
EES PERFORMING WORK FOR THE EMPLOYER;  (B)  THE  HOURLY  RATES  OF  SUCH
EMPLOYEES  REPORTED IN THE FOLLOWING BRACKETS: THE STATE MINIMUM WAGE TO
$9.99; $10.00 TO $11.99; $12.00 TO $14.99; AND $15.00 OR MORE;  (C)  THE
NUMBER  OF  EMPLOYEES WHO REGULARLY WORKED THE FOLLOWING NUMBER OF HOURS
PER WEEK DURING THE RELEVANT CALENDAR PERIOD: AT LEAST SIXTY;  AT  LEAST
FIFTY  BUT  FEWER  THAN  SIXTY;  AT LEAST FORTY BUT FEWER THAN FIFTY; AT
LEAST THIRTY-FIVE BUT FEWER THAN FORTY; AT LEAST THIRTY BUT  FEWER  THAN
THIRTY-FIVE; AT LEAST TWENTY-FIVE BUT FEWER THAN THIRTY; AT LEAST TWENTY
BUT FEWER THAN TWENTY-FIVE; AT LEAST TEN BUT FEWER THAN TWENTY; AT LEAST
FIVE  BUT  FEWER  THAN  TEN;  FEWER THAN FIVE. NO INDIVIDUAL IDENTIFYING
INFORMATION OF SUCH EMPLOYEES SHALL BE REPORTED OR  OTHERWISE  DISCLOSED
TO  THE  DEPARTMENT. FOR THE PURPOSES OF THIS SECTION "TEMPORARY EMPLOY-
EES" SHALL BE THOSE EMPLOYEES WHO ARE HIRED FOR A PERIOD OF  SIXTY  DAYS
OR  LESS DURING THE RELEVANT CALENDAR YEAR, FULL-TIME EMPLOYEES SHALL BE
THOSE REGULARLY WORKING FORTY HOURS OR MORE PER WEEK DURING THE RELEVANT
CALENDAR YEAR, PART-TIME EMPLOYEES SHALL  BE  THOSE  WORKING  LESS  THAN
FORTY HOURS PER WEEK DURING THE RELEVANT CALENDAR YEAR.
  S  3.  Subdivision  3  of  section 198 of the labor law, as amended by
chapter 537 of the laws of 2014, is amended to read as follows:
  3. Notwithstanding any other provision of law, an  action  to  recover
upon  a  liability  imposed by this article must be commenced within six
years.  The statute of limitations shall be  tolled  from  the  date  an
employee  files  a  complaint  with the commissioner or the commissioner
commences an investigation, whichever is  earlier,  until  an  order  to
comply  issued  by  the commissioner becomes final, or where the commis-
sioner does not issue an order, until the date on which the commissioner
notifies the complainant that the investigation has concluded.  Investi-
gation  by  the  commissioner  shall  not be a prerequisite to nor a bar
against a person bringing a civil action under this section. All employ-
ees shall have the right  to  recover  full  wages,  benefits  and  wage
supplements and liquidated damages accrued during the six years previous
to  the  commencing of such action, whether such action is instituted by
the employee or by the commissioner.  [The commissioner's  investigation

A. 1267                             4

shall cover the entire six-year statute of limitations period unless the
commissioner otherwise notifies all affected employees.]
  S  4.  Subdivision  3  of  section 663 of the labor law, as amended by
chapter 537 of the laws of 2014, is amended to read as follows:
  3. Limitation of time. Notwithstanding any other provision of law,  an
action  to  recover  upon  a  liability  imposed by this article must be
commenced within six years. The statute of limitations shall  be  tolled
from the date an employee files a complaint with the commissioner or the
commissioner  commences an investigation, whichever is earlier, until an
order to comply issued by the commissioner becomes final, or  where  the
commissioner  does  not  issue  an  order,  until  the date on which the
commissioner  notifies  the  complainant  that  the  investigation   has
concluded.  [The  commissioner's  investigation  shall  cover the entire
six-year statute of limitations period unless the commissioner otherwise
notifies all affected  employees.]  Investigation  by  the  commissioner
shall  not  be  a  prerequisite to nor a bar against a person bringing a
civil action under this article.
  S 5. Subdivision 3 of section 218 of the  labor  law,  as  amended  by
chapter 537 of the laws of 2014, is amended to read as follows:
  3.  Provided  that no proceeding for administrative or judicial review
as provided in this chapter shall then  be  pending  and  the  time  for
initiation  of  such proceeding shall have expired, the commissioner may
file with the county clerk of the county where the employer  resides  or
has  a  place of business the order of the commissioner, or the decision
of the industrial board of appeals containing the amount found to be due
including  the  civil  penalty,  if  any,  and  at  the   commissioner's
discretion,  an  additional fifteen percent damages upon any outstanding
monies owed. At the request  of  an  employee,  the  commissioner  shall
assign,  WITHOUT  CONSIDERATION OR LIABILITY, that portion of the [money
due] FILED ORDER that constitutes wages, wage supplements,  interest  on
wages  or  wage supplements, or liquidated damages due that employee, to
that employee and MAY file an ASSIGNMENT OR order in that amount in  the
name  of  that  employee  with  the county clerk of the county where the
employer resides or has a place of business. The filing of such  ASSIGN-
MENT,  order or decision shall have the full force and effect of a judg-
ment duly docketed in the office of such clerk. The ASSIGNMENT, order or
decision may be enforced by and in the name of the commissioner,  or  by
the  employee,  in  the  same  manner,  and  with  like  effect, as that
prescribed by the civil practice law and rules for the enforcement of  a
money judgment.
  S  6.  Subdivision  3  of  section 219 of the labor law, as amended by
chapter 537 of the laws of 2014, is amended to read as follows:
  3. Provided that no proceeding for administrative or  judicial  review
as  provided  in  this  chapter  shall  then be pending and the time for
initiation of such proceeding shall have expired, the  commissioner  may
file  with  the county clerk of the county where the employer resides or
has a place of business the order of the commissioner or the decision of
the industrial board of appeals containing the amount found to  be  due,
including,  at  the  commissioner's  discretion,  an  additional fifteen
percent damages upon any outstanding monies owed. At the request  of  an
employee,  the  commissioner  shall  assign,  WITHOUT  CONSIDERATION  OR
LIABILITY, that portion of the [money due] FILED ORDER that  constitutes
wages,  wage  supplements,  interest  on  wages  or wage supplements, or
liquidated damages due the employee, to that employee and  MAY  file  an
ASSIGNMENT OR order in that amount in the name of such employee with the
county  clerk of the county where the employer resides or has a place of

A. 1267                             5

business. The filing of such ASSIGNMENT, order or  decision  shall  have
the  full  force and effect of a judgment duly docketed in the office of
such clerk. The ASSIGNMENT, order or decision may be enforced by and  in
the  name  of  the commissioner, or by the employee, in the same manner,
and with like effect, as that prescribed by the civil practice  law  and
rules for the enforcement of a money judgment.
  S 7. Section 97-pppp of the state finance law is REPEALED.
  S 8. Section 13 of chapter 537 of the laws of 2014, amending the labor
law  and  other  laws  relating to increased penalties for violations of
wage payment provisions and contractor  accountability,  is  amended  to
read as follows:
  S  13.  This  act shall take effect on the sixtieth day after it shall
have become a law, EXCEPT THAT SECTION ONE OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
  S 9. This act shall take effect immediately; provided,  however,  that
sections  one  through  seven  of this act shall take effect on the same
date and in the same manner as chapter 537 of the laws of 2014.

assembly Bill A1159

Relates to the right to hunt, trap and fish

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

Summary

Relates to the right to hunt, trap and fish; provides for regulation by the state.

Bill Details

Versions:
A1159
Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Ren Art 20 to be Art 21, add Art 20, Constn
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1159

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. GUNTHER, STECK, COOK, PALMESANO, TENNEY, CORWIN,
  GIGLIO, McLAUGHLIN, BARCLAY, MONTESANO -- Multi-Sponsored by -- M.  of
  A.  DUPREY, HAWLEY, KATZ -- read once and referred to the Committee on
  Environmental Conservation

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to the constitution, in relation to the right  to
  hunt, trap and fish

  Section  1.  Resolved  (if  the Senate concur), That article 20 of the
constitution be renumbered article 21 and a new article 20 be  added  to
read as follows:

                               ARTICLE XX
                      RIGHT TO HUNT, TRAP AND FISH

  SECTION  1.    HUNTING,  TRAPPING,  AND FISHING AND THE TAKING OF WILD
ANIMALS, BIRDS AND FISH ARE A VALUED PART OF OUR HERITAGE  AND  WILL  BE
FOREVER  PRESERVED FOR THE PEOPLE. FISH AND WILDLIFE SHALL BE MANAGED BY
STATE LAWS AND REGULATIONS THAT PROVIDE    PERSONS  WITH  THE  CONTINUED
OPPORTUNITY  TO  TAKE,  BY TRADITIONAL MEANS AND METHODS, SPECIES TRADI-
TIONALLY PURSUED BY HUNTERS, ANGLERS AND  TRAPPERS.  FISH  AND  WILDLIFE
MANAGEMENT,  INCLUDING TAKING, SHALL BE CONSISTENT WITH THE STATE'S DUTY
TO PROTECT THIS HERITAGE AND ITS DUTY TO CONSERVE WILD  ANIMALS,  BIRDS,
AND FISH, AND SHALL BE SUBJECT TO REASONABLE REGULATION AS PRESCRIBED BY
STATE STATUTE.
  S  2. Resolved (if the Senate concur), That the foregoing amendment be
referred to the first regular legislative session  convening  after  the
next  succeeding  general  election  of members of the Assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89018-01-5

assembly Bill A1126

Relates to possession of firearms on property owned by or held in trust for SUNY ESF

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

Summary

Relates to possession of firearms on property owned by or held in trust for SUNY ESF.

Bill Details

See Senate Version of this Bill:
S6318
Versions:
A1126
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §265.01-a, Pen L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1126

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. MAGEE, BARCLAY, RUSSELL, STIRPE -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to possession of firearms  on
  property owned by or held in trust for SUNY ESF

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

  Section 1. Section 265.01-a of the penal law, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
S 265.01-a[.] Criminal possession of a weapon on school grounds.
  A person is guilty of  criminal  possession  of  a  weapon  on  school
grounds  when  he or she knowingly has in his or her possession a rifle,
shotgun, or firearm in or upon a building or grounds,  used  for  educa-
tional  purposes,  of  any  school,  college,  or university, except the
forestry lands, wherever located, owned [and], maintained [by]  OR  HELD
IN  TRUST  FOR  THE BENEFIT OF THE NEW YORK STATE COLLEGE OF FORESTRY AT
SYRACUSE UNIVERSITY, NOW KNOWN AS  the  State  University  of  New  York
college  of  environmental science and forestry, or upon a school bus as
defined in section one hundred forty-two of the vehicle and traffic law,
without the written authorization of such educational institution.
  Criminal possession of a weapon on school grounds is a class E felony.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01088-01-5

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