assembly Bill A1723

Revises proceedings to recover possession to prevent avoidable eviction and resulting homelessness; requires improved notice to the respondent

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

Revises proceedings to recover possession of premises located in a multiple dwelling; requires premises to be registered with the local agency responsible for code enforcement; petition shall be stated in plain language and include notice of the rights of the respondent and a statement of any outstanding code violations on the premises and whether rent payments from a public assistance office is being withheld therefor; provides civil penalties for willful misstatements on such petition.

Bill Details

See Senate Version of this Bill:
S2800
Versions:
A1723
Current Committee:
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711, 721, 731, 741, 743, 745, 749 & 751, RPAP L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1723

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Housing

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation to proceedings to recover possession

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

  Section 1. The opening paragraph of section 711 of the  real  property
actions  and  proceedings  law, as amended by chapter 739 of the laws of
1982, is amended to read as follows:
  [A] NO  TENANT  IN  A  RESIDENTIAL  DWELLING  SHALL  BE  REMOVED  FROM
POSSESSION  EXCEPT  IN  A  SPECIAL  PROCEEDING OR THROUGH OTHER JUDICIAL
PROCESS. FOR THE PURPOSES OF THIS ARTICLE, A  tenant  shall  include  an
occupant  of  one  or  more  rooms in a rooming house or a resident, not
including a transient occupant, of one or more rooms in a hotel who  has
been  in possession for thirty consecutive days or longer[; he shall not
be removed from possession except in a special proceeding].   A  special
proceeding  may  be  maintained  under  this  article upon the following
grounds:
  S 2. Subdivision 1 of section 721 of the  real  property  actions  and
proceedings law, as added by chapter 312 of the laws of 1962, is amended
to read as follows:
  1.  The  landlord  or  lessor,  PROVIDED,  HOWEVER, THAT NO PERSON MAY
INSTITUTE A PROCEEDING PURSUANT TO THIS ARTICLE WITH RESPECT TO PREMISES
LOCATED IN A MULTIPLE DWELLING UNTIL SUCH  TIME  AS  THE  OWNER  OF  THE
MULTIPLE  DWELLING  HAS  REGISTERED PROPERLY WITH THE AGENCY RESPONSIBLE
FOR CODE ENFORCEMENT, IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE
HUNDRED OF THE MULTIPLE RESIDENCE LAW OR SECTION THREE  HUNDRED  OF  THE
MULTIPLE DWELLING LAW.
  S  3.  Subdivision  1  of section 731 of the real property actions and
proceedings law, as amended by chapter 563  of  the  laws  of  1994,  is
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03882-01-5

A. 1723                             2

  1.  The  special  proceeding  prescribed  by  this  article  shall  be
commenced by petition and a notice of petition  PREPARED  IN  ACCORDANCE
WITH RULES APPROVED BY THE APPELLATE DIVISION WITH JURISDICTION OVER THE
PROCEEDINGS.  SUCH  RULES  SHALL PROVIDE FOR THE USE OF LANGUAGE THAT IS
DESIGNED TO BE UNDERSTOOD BY THE RESPONDENT IN THE PROCEEDING. THE PETI-
TION  SHALL INCLUDE SUCH OTHER NOTICE OF THE RIGHTS OF THE RESPONDENT AS
MAY BE DEEMED APPROPRIATE, INCLUDING A STATEMENT THAT A FORM  ANSWER  IS
AVAILABLE  FROM  THE  CLERK  OF THE COURT.   A notice of petition may be
issued only by an attorney, judge or the clerk of the court; it may  not
be issued by a party prosecuting the proceeding in person.
  S 4. Section 741 of the real property actions and proceedings  law, as
added  by  chapter  312  of  the  laws of 1962, the opening paragraph as
amended by chapter 583 of the laws of 1979 and subdivision 5 as  amended
by chapter 302 of the laws of 1976, is amended to read as follows:
  S  741.   Contents of petition.  The petition shall be verified by the
person authorized by section seven hundred twenty-one OF THIS ARTICLE to
maintain the proceeding; or by a legal representative, attorney or agent
of such person pursuant to subdivision (d) of section  [thirty  hundred]
THREE  THOUSAND twenty of the civil practice law and rules.  An attorney
of such person  may  verify  the  petition  on  information  and  belief
notwithstanding  the  fact  that  such person is in the county where the
attorney has his office.  Every petition shall:
  1.  State the interest of the petitioner in the  premises  from  which
removal is sought.
  2.   State the respondent's interest in the premises and his relation-
ship to petitioner with regard thereto.
  3.  Describe the premises from which removal is sought.
  4. STATE WHETHER THERE ARE ANY VIOLATIONS OF ANY STATE OR LOCAL  HOUS-
ING  CODES  WHICH REMAIN OUTSTANDING ON THE PREMISES OR COMMON AREAS. IN
CITIES WITH A POPULATION OF ONE MILLION OR MORE, OR IN ANY  MUNICIPALITY
IN  WHICH  HOUSING CODE VIOLATIONS ARE CLASSIFIED BY DEGREE OF THREAT TO
HEALTH AND SAFETY, THE PETITION SHALL ITEMIZE ANY SUCH VIOLATIONS  WHICH
HAVE  BEEN  IDENTIFIED  BY THE APPLICABLE CODE ENFORCEMENT AGENCY IN ITS
NOTICE OF VIOLATION AS BEING  "HAZARDOUS",  "IMMEDIATELY  HAZARDOUS"  OR
WHICH  HAVE  BEEN  OTHERWISE  CATEGORIZED  AS CONSTITUTING A SERIOUS, OR
IMMINENT, THREAT TO HEALTH AND SAFETY OR REQUIRING IMMEDIATE REPAIR.
  5. STATE WHETHER THE PETITIONER HAS BEEN NOTIFIED BY THE LOCAL DEPART-
MENT OF SOCIAL SERVICES THAT PAYMENT FOR RENT IS BEING WITHHELD PURSUANT
TO SECTION ONE HUNDRED FORTY-THREE-B OF THE SOCIAL SERVICES LAW FOR  ANY
PORTION OF THE PREMISES.
  6.  WITH RESPECT TO PREMISES SUBSIDIZED DIRECTLY OR INDIRECTLY UNDER A
STATE OR FEDERAL PROGRAM  WHICH  REQUIRES  THAT  CONDITIONS  BE  MET  IN
CONNECTION  WITH  LEASE  TERMINATION  OR EVICTION, STATE THE NAME OF THE
PROGRAM, THE NAME OF THE AGENCY CHARGED WITH SUPERVISION AND WHETHER THE
PETITIONER HAS COMPLIED  WITH  ALL  APPLICABLE  RULES,  REGULATIONS  AND
ADMINISTRATIVE  HEARING REQUIREMENTS AND HAS SERVED ALL NOTICES REQUIRED
IN CONNECTION WITH LEASE TERMINATION OR EVICTION  FROM  THAT  PUBLIC  OR
SUBSIDIZED HOUSING PROGRAM.
  7.  State the facts upon which the special proceeding is based.
  [5.]  8.   State the relief sought.  The relief may include a judgment
for rent due, and for a period of occupancy during which no rent is due,
for the fair value of use and occupancy of the premises if the notice of
petition contains a notice that a demand for such a  judgment  has  been
made.
  ANY  WILLFUL  MATERIAL MISSTATEMENT OR OMISSION BY THE PETITIONER WITH
RESPECT TO THE REQUIREMENTS OF THIS SECTION SHALL SUBJECT THE PETITIONER

A. 1723                             3

TO A CIVIL PENALTY, NOT TO EXCEED ONE THOUSAND DOLLARS, TO  BE  ASSESSED
IN  THE EVICTION PROCEEDING OR IN A SUBSEQUENT PLENARY ACTION. THE PETI-
TIONER MAY REQUEST LEAVE OF THE COURT TO  AMEND  THE  PETITION  FOR  THE
PURPOSE OF CORRECTING MATERIAL MISSTATEMENTS OR CURING OMISSIONS. IN THE
EVENT  LEAVE  TO  AMEND  IS GRANTED, THE RESPONDENT SHALL BE PROVIDED AN
ADJOURNMENT TO RESPOND OF NOT LESS  THAN  TEN  DAYS  FROM  THE  DATE  OF
SERVICE  OF  THE  AMENDED PETITION. A PETITIONER SHALL BE DEEMED TO HAVE
MADE A MATERIAL MISSTATEMENT OR OMISSION WITH RESPECT  TO  THE  REQUIRE-
MENTS  OF  SUBDIVISION FOUR OF THIS SECTION UPON SUBMISSION TO THE COURT
OF CERTIFIED RECORDS, OR OTHERWISE PROPERLY  AUTHENTICATED  RECORDS,  OF
THE   LOCAL  AGENCY  OR  AGENCIES  CHARGED  WITH  CODE  COMPLIANCE  THAT
VIOLATIONS OF APPLICABLE CODES, OTHER THAN TENANT CAUSED OR HOUSEKEEPING
AS DETERMINED BY THE COURT, WERE OUTSTANDING AT THE TIME OF THE  VERIFI-
CATION  OF  THE  PETITION  WHICH  WERE NOT DESCRIBED THEREIN. A MATERIAL
MISSTATEMENT SHALL BE DEEMED WILLFUL UNLESS THE PETITIONER CAN ESTABLISH
BY A PREPONDERANCE OF THE EVIDENCE THAT SUCH MISSTATEMENT WAS NOT  WILL-
FUL. IN ADDITION TO THE FOREGOING, IN THE EVENT THAT AN EVICTION WARRANT
IS  EXECUTED IN A PROCEEDING IN WHICH A WILLFUL MATERIAL MISSTATEMENT IS
MADE, THE RESPONDENT SHALL BE ENTITLED TO DAMAGES  NOT  EXCEEDING  THREE
TIMES  THE  COSTS  INCURRED AS A RESULT OF THE EVICTION UNLESS THE PETI-
TIONER CAN ESTABLISH THAT THE EVICTION WOULD HAVE BEEN JUSTIFIED REGARD-
LESS OF THE MISSTATEMENT.
  S 5. Section 743 of the real property actions and proceedings law,  as
amended  by  chapter  644  of  the  laws  of 2003, is amended to read as
follows:
  S 743. Answer. Except as provided in section [732] SEVEN HUNDRED THIR-
TY-TWO OF THIS ARTICLE, relating to  a  proceeding  for  non-payment  of
rent,  at  the  time when the petition is to be heard the respondent, or
any person in possession or claiming possession  of  the  premises,  may
answer, orally or in writing. If the answer is oral the substance there-
of  shall  be  recorded  by  the  clerk or, if a particular court has no
clerk, by the presiding judge or justice of such court,  and  maintained
in  the  case record. A FORM ANSWER, IN A FORM APPROVED BY THE APPELLATE
DIVISION WITH JURISDICTION OVER THE PROCEEDING, SHALL BE MADE  AVAILABLE
TO  THE  RESPONDENT  BY  THE  CLERK  OF THE COURT. THE FORM ANSWER SHALL
INCLUDE POSSIBLE DEFENSES TO THE PROCEEDING, INCLUDING BUT  NOT  LIMITED
TO  DEFENSES  ESTABLISHED  BY  SECTIONS TWO HUNDRED TWENTY-THREE AND TWO
HUNDRED THIRTY-FIVE-B OF THE REAL  PROPERTY  LAW,  SECTION  ONE  HUNDRED
FORTY-THREE-B  OF  THE  SOCIAL  SERVICES  LAW  AND SECTION THREE HUNDRED
FIVE-A OF THE MULTIPLE RESIDENCE LAW. If  the  notice  of  petition  was
served at least eight days before the time at which it was noticed to be
heard  and  it  so demands, the answer shall be made at least three days
before the time the petition is noticed to be heard and, if in  writing,
it shall be served within such time; whereupon any reply shall be served
at  least  one day before such time. The answer may contain any legal or
equitable defense, or counterclaim. The  court  may  render  affirmative
judgment for the amount found due on the counterclaim.
  S  6.  Subdivision  1  of section 745 of the real property actions and
proceedings law, as amended by chapter 403  of  the  laws  of  1983,  is
amended to read as follows:
   1.  Where  triable  issues of fact are raised, they shall be tried by
the court unless, at the time the petition is noticed  to  be  heard,  a
party  demands  a  trial  by jury, in which case trial shall be by jury.
WHEN THE PETITION INDICATES PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION
SEVEN HUNDRED FORTY-ONE OF THIS ARTICLE, THAT THERE ARE OUTSTANDING CODE
VIOLATIONS,  THE COURT SHALL INQUIRE REGARDING THE DURATION AND SEVERITY

A. 1723                             4

OF THE OUTSTANDING  VIOLATIONS  AND  MAY  STAY  THE  PROCEEDING  PENDING
REMOVAL  OF  THE  VIOLATIONS  IN  ACCORDANCE  WITH SECTION SEVEN HUNDRED
FIFTY-FIVE OF THIS ARTICLE, OR MAKE OTHER DISPOSITION OF THE  PROCEEDING
INCLUDING GRANTING A TOTAL OR PARTIAL ABATEMENT OF RENT, OR DISMISSAL OF
THE  PROCEEDING,  AS  APPROPRIATE.  At the time when issue is joined the
court, in its discretion at the request of either party and  upon  proof
to its satisfaction by affidavit or orally that an adjournment is neces-
sary  to  enable the applicant to procure his necessary witnesses, or by
consent of all the parties who appear, may  adjourn  the  trial  of  the
issue, but not more than ten days, except by consent of all parties.
  S  7. Section 749 of the real property actions and proceedings  law is
amended by adding two new subdivisions 4 and 5 to read as follows:
  4. THE NOTICE DESCRIBED IN  SUBDIVISION  TWO  OF  THIS  SECTION  SHALL
INCLUDE  A  STATEMENT ADVISING THE RESPONDENT THAT ASSISTANCE TO PREVENT
THE EVICTION OR OTHERWISE TO PREVENT THE RESPONDENT FROM BECOMING  HOME-
LESS  MAY  BE AVAILABLE FROM THE LOCAL DEPARTMENT OF SOCIAL SERVICES AND
SHALL INCLUDE THE PHONE NUMBER PROVIDED TO THE  ENFORCEMENT  OFFICER  BY
ANY PRIVATE OR PUBLIC AGENCY PROVIDING SUCH ASSISTANCE AT THE REQUEST OF
SUCH  AGENCY.  REFERRAL  TO  LEGAL  AID,  LEGAL  SERVICES OR OTHER LEGAL
ASSISTANCE OFFICES SHALL ALSO BE INCLUDED ON SUCH NOTICES AT THE REQUEST
OF SUCH OFFICES. IN A PROCEEDING BASED  UPON  NON-PAYMENT,  SUCH  NOTICE
SHALL  ALSO  ADVISE  THE  RESPONDENT OF THE RENT DETERMINED DUE TOGETHER
WITH TAXES, ASSESSMENTS, INTEREST, PENALTIES  AND  COSTS  IN  ACCORDANCE
WITH THE PROVISION OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED FIFTY-ONE
OF  THIS ARTICLE, AND SHALL ADVISE THE RESPONDENT OF THE AMOUNT REQUIRED
AND PROCEDURE FOR PAYMENT.
  5. UPON WRITTEN OR ORAL NOTIFICATION TO THE OFFICER BY  AN  AUTHORIZED
REPRESENTATIVE OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES THAT AN APPLI-
CATION  FOR  ASSISTANCE  TO PREVENT EVICTION IS PENDING ON BEHALF OF THE
RESPONDENT HOUSEHOLD, THE OFFICER SHALL REFRAIN FROM  EXECUTION  OF  THE
WARRANT  UNTIL  SUCH  TIME  AS  THAT  OFFICER  IS  ADVISED BY THE SOCIAL
SERVICES OFFICIAL OF THE DETERMINATION OF  SUCH  APPLICATION,  PROVIDED,
HOWEVER,  THAT  THE  SOCIAL SERVICES DISTRICT SHALL GUARANTEE PAYMENT TO
THE PETITIONER FOR ANY ADDITIONAL RENT ACCRUING DURING THIS PERIOD TO BE
CALCULATED ON A PRO-RATA BASIS FOR THE NUMBER OF DAYS  DELAY  OCCASIONED
BY THE OPERATION OF THIS PROVISION.
  S  8.  The  opening  paragraph and subdivision 1 of section 751 of the
real property actions and proceedings  law, as added by chapter  312  of
the laws of 1962, are amended to read as follows:
   The  respondent  may,  at  any  time  before  a  warrant  is [issued]
EXECUTED,  stay  the  [issuing]  EXECUTION  thereof  and  also  stay  an
execution to collect the costs, as follows:
  1.    Where  the  lessee  or  tenant holds over after a default in the
payment of rent, or of taxes or assessments, he may  effect  a  stay  by
depositing  the  amount of the rent due or of such taxes or assessments,
and interest and penalty, if any thereon  due,  and  the  costs  of  the
special  proceeding, with the clerk of the court, or where the office of
clerk is not provided for, with the court,  who  shall  thereupon,  upon
demand,  pay  the amount deposited to the petitioner or his duly author-
ized agent; or by delivering to the  court  or  clerk  [his]  A  WRITTEN
ASSURANCE  BY  AN  AUTHORIZED  REPRESENTATIVE OF THE LOCAL DEPARTMENT OF
SOCIAL SERVICES OR AN undertaking to the petitioner in such sum  as  the
court  approves to the effect that [he will pay] the rent[, or] DUE WILL
BE PAID TOGETHER WITH such taxes or assessments, and interest and penal-
ty and costs within ten days, at the expiration of which time a  warrant

A. 1723                             5

may issue, unless [he] THE RESPONDENT produces to the court satisfactory
evidence of the payment.
  S 9. This act shall take effect on the first of February next succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
actions and proceedings commenced  on  or  after  such  effective  date,
provided,  however,  that  effective immediately, all actions and proce-
dures with respect to the proposed adoption,  amendment,  suspension  or
repeal  of any rule or regulation necessary to the timely implementation
of this act on its effective date are directed and authorized to be made
and completed on or before such effective date.

assembly Bill A846

Provides for a transfer fee of 75% of the fair market value in dissolution or sales of a rental project or mutual company

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

Provides for a transfer fee of 75% of the fair market value in dissolution or sales of a rental project or mutual company.

Bill Details

See Senate Version of this Bill:
S2799
Versions:
A846
Current Committee:
Law Section:
Private Housing Finance Law
Laws Affected:
Amd §35, Priv Hous Fin L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   846

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Housing

AN ACT to amend the private housing finance law, in relation to windfall
  profits on the dissolution or first sale of rental companies  and  the
  dissolution and/or reconstitution of mutual companies

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

  Section 1. Subdivision 2 of section 35 of the private housing  finance
law,  as  amended by chapter 229 of the laws of 1989, is amended to read
as follows:
  2. A company aided by a loan made after May  first,  nineteen  hundred
fifty-nine,  may  voluntarily  be  dissolved,  SOLD AND/OR RECONSTITUTED
without the consent of the commissioner or of the supervising agency, as
the case may be, not less than twenty years  after  the  occupancy  date
upon  the  payment  in  full  of  the remaining balance of principal and
interest due and unpaid upon the mortgage or mortgages [and], of any and
all expenses incurred in effecting such voluntary dissolution AND  OF  A
TRANSFER  FEE  EQUAL TO SEVENTY-FIVE PERCENT OF THE FAIR MARKET VALUE IN
THE CASE OF DISSOLUTION OR SALES PRICE ON THE FIRST  SALE  OF  A  RENTAL
PROJECT, OR, IN THE CASE OF A MUTUAL COMPANY SEVENTY-FIVE PERCENT OF THE
SALES  PRICE ON EACH FIRST SALE THEREAFTER FOR MARKET VALUE BY A SELLING
SHAREHOLDER. THE PROCEEDS OF THE TRANSFER FEES ARE TO  BE  PAID  INTO  A
FUND  HELD  BY THE NEW YORK CITY HOUSING DEVELOPMENT CORPORATION AND THE
NEW YORK STATE HOUSING FINANCE AGENCY FOR THE FOLLOWING PURPOSES:
  (A) TO CONTINUE TO SUBSIDIZE  THE  DEVELOPMENT  FOR  AS  LONG  AS  THE
PURCHASER OF A RENTAL DEVELOPMENT REMAINS IN THE MITCHELL-LAMA PROGRAM;
  (B)  FOR  THE CITY OR STATE TO PURCHASE THE LAND AND TO LEASE THE LAND
TO THE TENANTS AND CONVERT THE PROJECT TO A LIMITED PROFIT MUTUAL COMPA-
NY, WITH A NINETY-NINE YEAR LEASE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03728-01-5

A. 846                              2

  (C) FOR REPAIR LOANS AT ZERO PERCENT INTEREST TO FUND NECESSARY  CAPI-
TAL IMPROVEMENTS FOR AS LONG AS THE COMPANY REMAINS IN THE MITCHELL-LAMA
PROGRAM;
  (D)  FOR EACH YEAR THAT THE COMPANY REMAINS AS A LIMITED PROFIT COMPA-
NY, TO FORGIVE ONE-THIRTIETH OF THE PRINCIPAL OF ANY  REPAIR  LOAN  EACH
YEAR;
  (E)  FOR  THE SUBSIDIZATION OF OTHER LIMITED PROFIT HOUSING COMPANIES;
AND
  (F) FOR THE DEVELOPMENT OF OTHER AFFORDABLE HOUSING.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

assembly Bill A3784

Includes the war on terrorism within the definition of "period of war" for purposes of the veterans alternative property tax exemption

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

Includes the war on terrorism which commenced in 2001, within the definition of "period of war" for purposes of the veterans alternative property tax exemption.

Bill Details

Versions:
A3784
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §458-a, RPT L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3784

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M. of A. TENNEY, LALOR, HAWLEY, FINCH, McDONOUGH -- read
  once and referred to the Committee on Veterans' Affairs

AN ACT to amend the real property tax law, in relation to including  the
  war on terrorism within the definition of "period of war" for purposes
  of the veterans alternative property tax exemption

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

  Section 1. Paragraph (a) of subdivision 1 of section 458-a of the real
property tax law, as amended by chapter 179 of  the  laws  of  2006,  is
amended to read as follows:
  (a) "Period of war" means the Spanish-American war; the Mexican border
period;  World War I; World War II; the hostilities, known as the Korean
war, which commenced June twenty-seventh,  nineteen  hundred  fifty  and
terminated  on  January  thirty-first,  nineteen hundred fifty-five; the
hostilities, known as the Vietnam war, which commenced February  twenty-
eighth,  nineteen hundred sixty-one and terminated on May seventh, nine-
teen hundred seventy-five; [and] the hostilities, known as  the  Persian
Gulf  conflict,  which commenced August second, nineteen hundred ninety;
AND THE HOSTILITIES, KNOWN AS THE WAR ON TERRORISM, WHICH  COMMENCED  IN
TWO THOUSAND ONE INCLUDING THE HOSTILITIES IN AFGHANISTAN AND IRAQ.
  S  2.  Subdivision 3 of section 458-a of the real property tax law, as
amended by chapter 646 of the laws of 2004 and  as  further  amended  by
subdivision  (b)  of  section  1  of part W of chapter 56 of the laws of
2010, is amended to read as follows:
  3. Application for exemption must be made by the owner, or all of  the
owners,  of  the  property on a form prescribed by the commissioner. The
owner or owners shall file the completed form in the  assessor's  office
on or before the appropriate taxable status date PROVIDED THAT ANY CITY,
COUNTY,  TOWN OR VILLAGE MAY ELECT, BY PASSAGE OF A LOCAL LAW, TO ACCEPT
AN APPLICATION MADE BY AN OWNER WHO IS OTHERWISE ELIGIBLE FOR EXEMPTION,
BUT WHO FAILED TO FILE FOR EXEMPTION DUE TO THEIR BEING ON  ACTIVE  DUTY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07530-01-5

A. 3784                             2

IN  SERVICE  TO  THE  ARMED  FORCES  OF THE UNITED STATES ON THE TAXABLE
STATUS DATE, PROVIDED FURTHER,    HOWEVER,  THAT  SUCH  OWNER  SHALL  BE
REQUIRED  TO  FILE  FOR EXEMPTION WITHIN THIRTY DAYS OF THEIR SEPARATION
FROM  SERVICE  OR  WITHIN  THIRTY  DAYS  OF THE PASSAGE OF THE LOCAL LAW
PERMITTING SUCH LATE APPLICATION, WHICHEVER IS LATER. SUCH  OWNER  SHALL
BE  REQUIRED  TO  SUBMIT  PROOF  OF SUCH ACTIVE DUTY SERVICE IN A MANNER
PRESCRIBED BY THE COMMISSIONER.  The exemption shall  continue  in  full
force  and effect for all appropriate subsequent tax years and the owner
or owners of the property shall not be required  to  refile  each  year.
Applicants  shall  be  required  to  refile on or before the appropriate
taxable status date if the percentage of disability percentage increases
or decreases or may refile if other changes have occurred  which  affect
qualification  for  an  increased  or decreased amount of exemption. Any
applicant convicted of making any willful false statement in the  appli-
cation  for  such exemption shall be subject to the penalties prescribed
in the penal law.
  S 3. This act shall take effect immediately.

assembly Bill A3808

Creates a tax exemption for leasing of certain aircraft used for flight schools

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

Creates a tax exemption for leasing of certain aircraft used for flight schools.

Bill Details

Versions:
A3808
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §1115, Tax L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3808

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. HAWLEY, DiPIETRO, McLAUGHLIN, RAIA, WALTER, McDO-
  NOUGH -- Multi-Sponsored by -- M. of A. DUPREY, FITZPATRICK, McKEVITT,
  RIVERA -- read once and referred to the Committee on Ways and Means

AN ACT to amend the tax law, in relation to creating a tax exemption for
  leasing of certain aircraft used for flight schools

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

  Section 1. Subdivision (a) of section 1115 of the tax law  is  amended
by adding a new paragraph 44 to read as follows:
  (44) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH THREE OF PARAGRAPH
(A) OF SUBDIVISION (I) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE,
LEASES  AND  RENTALS OF NONCOMMERCIAL AIRCRAFT HAVING A SEATING CAPACITY
OF LESS THAN TWENTY PASSENGERS AND A MAXIMUM PAYLOAD  CAPACITY  OF  LESS
THAN  SIX  THOUSAND  POUNDS  THAT  ARE USED FOR TRAINING AND EDUCATIONAL
PURPOSES.
  S 2. This act shall take effect on the first day of a sales tax  quar-
terly period, as described in subdivision (b) of section 1136 of the tax
law,  next  commencing  at  least  sixty  days after this act shall have
become law and shall apply in accordance  with  the  applicable  transi-
tional  provisions  of  sections 1106 and 1217 of the tax law; provided,
further, that the commissioner of taxation and finance shall be  author-
ized  on  and  after  the  date this act shall have become a law to take
steps necessary to implement the provisions of this act on its effective
date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02245-01-5

assembly Bill A3807

Provides for tuberculosis screenings outreach and services in epidemic areas and makes an appropriation therefor

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

Provides that the department of health shall establish a program, or enhance existing programs, for the prevention, early diagnosis and treatment of cases of tuberculosis in areas of the state where the incidence of tuberculosis prevails at epidemic levels; provides that such program shall provide a standardized level of care for the systematic, routine and periodic examination of men, women and children residing in such areas; appropriates $8,000,000 therefor.

Bill Details

Versions:
A3807
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add Art 22 Title 2 §2220, Pub Health L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3807

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. WRIGHT, ZEBROWSKI -- Multi-Sponsored by -- M. of
  A. HIKIND -- read once and referred to the Committee on Health

AN ACT to amend the public  health  law,  in  relation  to  tuberculosis
  screening, outreach and services and making an appropriation therefor

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

  Section 1. Title 2 of article 22 of the public health law  is  amended
by adding a new section 2220 to read as follows:
  S  2220. TUBERCULOSIS SCREENING, OUTREACH AND SERVICES. 1. THE DEPART-
MENT SHALL ESTABLISH A PROGRAM, OR ENHANCE EXISTING  PROGRAMS,  FOR  THE
PREVENTION,  EARLY  DIAGNOSIS  AND TREATMENT OF CASES OF TUBERCULOSIS IN
AREAS OF THE STATE WHERE  THE  INCIDENCE  OF  TUBERCULOSIS  PREVAILS  AT
EPIDEMIC LEVELS. SUCH PROGRAM SHALL PROVIDE A STANDARDIZED LEVEL OF CARE
FOR  THE SYSTEMATIC, ROUTINE AND PERIODIC EXAMINATION OF MEN, WOMEN, AND
CHILDREN RESIDING IN SUCH AREAS.
  2. ANY PHYSICIAN, HEALTH CARE PROFESSIONAL, OR HEALTH ORGANIZATION WHO
DIAGNOSES A CASE OR PROBABLE CASE OF TUBERCULOSIS SHALL MAKE  A  WRITTEN
REPORT  OF  SUCH  FINDING  (I) TO THE PARENT OR GUARDIAN OF THE AFFECTED
CHILD OR TO THE AFFECTED ADULT, AS THE CASE MAY  BE,  AND  (II)  TO  THE
LOCAL  COMMISSIONER  OF  HEALTH  OR  PUBLIC  HEALTH  DIRECTOR AND TO THE
COMMISSIONER. THE LOCAL COMMISSIONER OF HEALTH OR PUBLIC HEALTH DIRECTOR
SHALL CAUSE TO BE EXAMINED OTHER FAMILY AND  HOUSEHOLD  MEMBERS  OF  THE
AFFECTED  PERSON EVERY YEAR FOR THREE YEARS OR SUCH OTHER PERIOD OF TIME
AS THE COMMISSIONER SHALL DEEM  ADVISABLE.  THE  LOCAL  COMMISSIONER  OF
HEALTH OR PUBLIC HEALTH DIRECTOR SHALL ADVISE OTHER FAMILY AND HOUSEHOLD
MEMBERS OF THE AFFECTED PERSON OF THE SERIOUSNESS OF THE DISEASE, OF THE
NEED  TO  TAKE  APPROPRIATE  SANITARY  MEASURES, OF THE NEED TO TAKE ALL
PRESCRIBED MEDICATION, OF THE MEANS OF TRANSMISSION OF THE DISEASE,  AND
OF OTHER APPROPRIATE PRECAUTIONARY MEASURES.
  3.  THE COMMISSIONER, THROUGH LOCAL COMMISSIONERS OF HEALTH AND PUBLIC
HEALTH DIRECTORS, SHALL ESTABLISH, IN AREAS OF EPIDEMIC, A COMPREHENSIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05197-01-5

A. 3807                             2

PROGRAM,  OR  EXPAND  EXISTING  PROGRAMS,  FOR  INCREASED   TUBERCULOSIS
OUTREACH  AND  SCREENING,  UPGRADED  TUBERCULOSIS  REGISTRIES,  ENHANCED
FOLLOW-UP ON TUBERCULOSIS CASE REPORTS, INCREASED CONTACT  INVESTIGATION
WITH  CASE  MANAGEMENT, AND IMPROVED FOLLOW-UP ON CONTINUED TUBERCULOSIS
TREATMENT FOR POSITIVE CASES, INCLUDING PREVENTIVE MEDICATION AND  REGU-
LAR SCREENING FOR HIGH RISK CASES.
  4.  THE  COMMISSIONER,  AND  LOCAL  COMMISSIONERS OF HEALTH AND PUBLIC
HEALTH DIRECTORS SHALL DEVELOP AND IMPLEMENT,  OR  ENHANCE  AND  FURTHER
IMPLEMENT,  IN  AREAS  OF  EPIDEMIC,  A  PROGRAM FOR THE DISBURSEMENT OF
GRANTS TO FACILITIES SUBJECT TO ARTICLE TWENTY-EIGHT  OF  THIS  CHAPTER,
LOCAL  AND STATE CORRECTIONAL FACILITIES, AND OTHER APPROPRIATE COMMUNI-
TY-BASED  ORGANIZATIONS,  INCLUDING  REPRODUCTIVE  HEALTH  CLINICS   AND
SERVICES, FOR THE PURPOSES OF PROVIDING THE SERVICES SET FORTH IN SUBDI-
VISION THREE OF THIS SECTION.
  5.  THE  COMMISSIONER MAY PROMULGATE SUCH RULES AND REGULATIONS AS ARE
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
  S 2. The sum of eight million dollars ($8,000,000), or so much thereof
as may be necessary, is hereby appropriated to the department of  health
from  any moneys in the state treasury in the general fund to the credit
of the local assistance  account  not  otherwise  appropriated  for  the
purposes  of  making  grants provided for by the provisions of this act.
Such sum shall be payable on the audit and warrant of  the  state  comp-
troller on vouchers certified or approved by the commissioner of health,
or  his duly designated representative in the manner provided by law. No
expenditure shall be made from this appropriation until a certificate of
approval of availability shall have been issued by the director  of  the
budget  and  filed  with the state comptroller and a copy filed with the
chairman of the senate finance committee and the chairman of the  assem-
bly ways and means committee.  Such certificate may be amended from time
to  time by the director of the budget and a copy of each such amendment
shall be filed with the state comptroller, the chairman  of  the  senate
finance  committee  and  the  chairman  of  the  assembly ways and means
committee.
  S 3. This act shall take effect immediately.

assembly Bill A3806

Prohibits the erection or maintenance of billboards advertising alcoholic beverages within 1000 feet of schools or playgrounds

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

Prohibits the erection or maintenance of billboards advertising alcoholic beverages within 1000 feet of schools or playgrounds; defines "billboard".

Bill Details

Versions:
A3806
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §397-b, Gen Bus L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3806

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

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

AN  ACT  to  amend  the  general business law, in relation to billboards
  advertising alcoholic beverages

  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.   BILLBOARDS ADVERTISING ALCOHOLIC  BEVERAGES.  NO  BILLBOARD
ADVERTISING ANY ALCOHOLIC BEVERAGE SHALL BE ERECTED OR MAINTAINED WITHIN
ONE  THOUSAND  FEET OF (1) ANY PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY
SCHOOL OR (2) ANY PLAYGROUND ADJACENT TO OR WITHIN ONE THOUSAND FEET  OF
ANY  PRIVATE  OR  PUBLIC ELEMENTARY OR SECONDARY SCHOOL. FOR PURPOSES OF
THIS SECTION, THE TERM "BILLBOARD" SHALL INCLUDE  ANY  BILLBOARD,  SIGN,
NOTICE,  POSTER,  DISPLAY OR OTHER STATIONARY DEVICE INTENDED TO ATTRACT
OR WHICH DOES ATTRACT THE ATTENTION OF OPERATORS OF  MOTOR  VEHICLES  OR
PEDESTRIANS.
  S  2.  This  act shall take effect one year after the date on which it
shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05200-01-5

assembly Bill A3805

Relates to leaves of absence for lawful causes

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 leaves of absence for lawful causes of every public officer or employee who is or becomes a member of any force of the organized militia or reserves.

Bill Details

Versions:
A3805
Current Committee:
Law Section:
Military Law
Laws Affected:
Amd §242, Mil L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3805

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. RA -- read once and referred to the Committee on
  Governmental Employees

AN ACT to amend the military law, in relation to leaves of  absence  for
  lawful cause

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

  Section 1. Section 242 of the military law is amended by adding a  new
subdivision 3-b to read as follows:
  3-B. LEAVE OF ABSENCE WHILE RECOVERING FROM SICKNESS, WOUNDS, OR OTHER
LAWFUL  CAUSE.  EVERY  PUBLIC  OFFICER  OR  EMPLOYEE WHO IS OR BECOMES A
MEMBER OF ANY FORCE OF THE ORGANIZED MILITIA OR OF ANY RESERVE FORCE  OR
RESERVE  COMPONENT  OF  THE  ARMED  FORCES OF THE UNITED STATES SHALL BE
ENTITLED TO ABSENT HIMSELF OR HERSELF AND SHALL  BE  DEEMED  TO  HAVE  A
LEAVE  OF ABSENCE FROM HIS OR HER DUTIES OR SERVICE AS SUCH PUBLIC OFFI-
CER OR EMPLOYEE WHILE ASSIGNED AS A MEMBER  OF  SUCH  FORCE  OR  RESERVE
COMPONENT  AND  WHILE  RECOVERING  FROM  SICKNESS,  WOUNDS, OR FOR OTHER
LAWFUL CAUSE AS MAY BE DEFINED BY THE GENERAL PROVISIONS OF CHAPTER  TWO
SECTION  ONE HUNDRED ONE OF THE UNITED STATES SOLDIERS AND SAILORS CIVIL
RELIEF ACT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04236-01-5

assembly Bill A3804

Relates to the labeling of foods produced with certain types of fertilizer

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 labeling of foods produced with certain types of fertilizer.

Bill Details

Versions:
A3804
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §214-o, Ag & Mkts L; add §391-t, Gen Bus L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3804

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. CERETTO -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT to amend the agriculture and markets law and the general business
  law, in relation to the labeling of foods produced with certain  types
  of fertilizer

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

  Section 1. The agriculture and markets law is amended by adding a  new
section 214-o to read as follows:
  S 214-O. THE LABELING OF FOODS PRODUCED WITH CERTAIN TYPES  OF  FERTI-
LIZERS.  1.  DEFINITIONS.  AS  USED  IN THIS SECTION THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "ANAEROBIC  DIGESTION"  MEANS  ANY  NATURAL  BIOLOGICAL  PROCESSES
INVOLVING  MICROORGANISMS  IN  THE ABSENCE OF OXYGEN FOR THE PURPOSES OF
BREAKING DOWN BIODEGRADABLE MATERIAL AND THE CREATION OF METHANE.
  (B) "COMMERCIAL FERTILIZER" SHALL MEAN ANY SUBSTANCES  CONTAINING  ONE
OR  MORE RECOGNIZED PLANT NUTRIENTS WHICH IS USED FOR ITS PLANT NUTRIENT
CONTENT, AND WHICH IS DESIGNED FOR USE  OR  CLAIMED  TO  HAVE  VALUE  IN
PROMOTING  PLANT  GROWTH,  EXCEPT  UNMANIPULATED  ANIMAL  AND  VEGETABLE
MANURES, AGRICULTURAL LIMING MATERIAL,  WOOD  ASHES,  GYPSUM  AND  OTHER
PRODUCTS EXEMPTED BY REGULATION OF THE COMMISSIONER.
  (C)  "DIGESTATE"  MEANS  ANY  LIQUID  OR SOLID THAT IS PRODUCED AS THE
RESULT OF THE PROCESS OF ANAEROBIC DIGESTION.
  (D) "EFFLUENT" MEANS ANY  GARBAGE,  REFUSE,  RAW  SEWAGE,  SEPTAGE  OR
SLUDGE  PRODUCED FROM A SEWAGE TREATMENT PLANT, WASTE TREATMENT PLANT OR
WATER SUPPLY TREATMENT PLANT THAT IS  KNOWN  TO  CONTAIN  EXCREMENTITOUS
WASTE  PRODUCTS  OR  OTHER  WASTES  OR WASHINGS FROM THE BODIES OF HUMAN
BEINGS.
  2. (A) ANY FOOD FOR HUMAN CONSUMPTION OFFERED FOR RETAIL SALE  IN  NEW
YORK IS MISBRANDED IF IT IS PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED
OF  DIGESTATE PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07162-01-5

A. 3804                             2

THROUGH AN ANAEROBIC DIGESTION PROCESS AND THAT FACT IS NOT DISCLOSED AS
FOLLOWS:
  (I)  IN  THE CASE OF RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
PACKAGED OR LABELED, THE  WORDS  "PRODUCED  WITH  FERTILIZER  CONTAINING
ANAEROBICALLY  DIGESTED  HUMAN  FECAL MATTER" OR ANY OTHER DERIVATIVE OF
THOSE WORDS SHALL BE PLACED ON THE CONTAINER USED FOR  PACKAGING,  HOLD-
ING,  AND/OR TRANSPORT IN A CLEAR AND CONSPICUOUS MANNER BY THE MANUFAC-
TURER, AND MAINTAINED BY THE DISTRIBUTOR, AND DISPLAYED IN A  CLEAR  AND
CONSPICUOUS  MANNER  ON  THE  RETAIL  STORE  SHELF  OR BIN IN WHICH SUCH
COMMODITY IS FOR SALE BY THE RETAILER;
  (II) IN THE CASE OF PROCESSED FOOD CONTAINING SOME  PRODUCTS  PRODUCED
WITH  COMMERCIAL  FERTILIZER COMPOSED OF DIGESTATE PRODUCED OR PARTIALLY
PRODUCED FROM EFFLUENT THAT HAS  GONE  THROUGH  AN  ANAEROBIC  DIGESTION
PROCESS,  THE MANUFACTURER MUST LABEL THE FOOD, IN A CLEAR AND CONSPICU-
OUS MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE  WORDS  "PRODUCED  WITH
FERTILIZER  CONTAINING ANAEROBICALLY DIGESTED HUMAN FECAL MATTER" OR ANY
OTHER DERIVATIVE OF THOSE WORDS; AND
  (III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER
ENTITY RESPONSIBLE FOR PRODUCING THE SEED MUST LABEL THE  SEED  OR  SEED
STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI-
CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH
THE  WORDS  "PRODUCED  WITH FERTILIZER CONTAINING ANAEROBICALLY DIGESTED
HUMAN FECAL MATTER" OR ANY OTHER DERIVATIVE OF THOSE WORDS.
  (B) THIS SUBDIVISION SHALL NOT BE  CONSTRUED  TO  REQUIRE  EITHER  THE
LISTING  OR  IDENTIFICATION  OF  ANY INGREDIENTS THAT WERE PRODUCED WITH
COMMERCIAL  FERTILIZER  COMPOSED  OF  DIGESTATE  PRODUCED  OR  PARTIALLY
PRODUCED  FROM  EFFLUENT  THAT  HAS  GONE THROUGH AN ANAEROBIC DIGESTION
PROCESS, NOR THAT THE PHRASE "PRODUCED WITH FERTILIZER CONTAINING  ANAE-
ROBICALLY  DIGESTED HUMAN FECAL MATTER" OR ANY OTHER DERIVATIVE OF THOSE
WORDS BE PLACED IMMEDIATELY PRECEDING ANY COMMON NAME OR PRIMARY PRODUCT
DESCRIPTOR OF A FOOD.
  (C) ANY PROCESSED FOOD OR RAW AGRICULTURAL  COMMODITY  THAT  WOULD  BE
SUBJECT TO THIS SECTION SOLELY BECAUSE IT INCLUDES ONE OR MORE MATERIALS
PRODUCED  WITH  COMMERCIAL  FERTILIZER COMPOSED OF DIGESTATE PRODUCED OR
PARTIALLY PRODUCED FROM EFFLUENT  THAT  HAS  GONE  THOUGH  AN  ANAEROBIC
DIGESTION PROCESS IS NOT MISBRANDED PROVIDED THAT THESE MATERIALS IN THE
AGGREGATE DO NOT ACCOUNT FOR MORE THAN NINE-TENTHS OF ONE PERCENT OF THE
TOTAL WEIGHT OF THE PROCESSED FOOD OR RAW AGRICULTURAL COMMODITY.
  (D) THIS SUBDIVISION SHALL NOT APPLY TO ANY OF THE FOLLOWING:
  (I)  A RAW AGRICULTURAL COMMODITY OR FOOD THAT HAS BEEN GROWN, RAISED,
PRODUCED, OR DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE  OF  FERTI-
LIZER COMPOSED OF DIGESTATE PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT
THAT  HAS  GONE  THROUGH AN ANAEROBIC DIGESTION PROCESS. INCLUDED WITHIN
THE EXCLUSION UNDER THIS PARAGRAPH, THE PERSON RESPONSIBLE FOR COMPLYING
WITH PARAGRAPH (A) OF THIS SUBDIVISION WITH RESPECT TO  A  RAW  AGRICUL-
TURAL  COMMODITY  OR FOOD, SHALL OBTAIN FROM WHOMEVER SOLD THE RAW AGRI-
CULTURAL COMMODITY OR FOOD TO THAT PERSON, A  WRITTEN  STATEMENT,  WHICH
SHALL BE INCLUDED ON AN INVOICE, THAT MAY BE IN AN ELECTRONIC FORM, THAT
THE  RAW  AGRICULTURAL  COMMODITY OR FOOD: (A) HAS NOT BEEN KNOWINGLY OR
INTENTIONALLY PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED OF  DIGESTATE
PRODUCED  OR  PARTIALLY  PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN
ANAEROBIC DIGESTION PROCESS; AND (B) HAS BEEN SEGREGATED FROM,  AND  HAS
NOT  BEEN KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS THAT MAY HAVE
BEEN PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE  PRODUCED
OR  PARTIALLY  PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN ANAEROBIC
DIGESTION PROCESS. IN PROVIDING SUCH STATEMENT, A PERSON MAY RELY  ON  A

A. 3804                             3

WRITTEN  STATEMENT,  WHICH MAY BE IN AN ELECTRONIC FORM, FROM HIS OR HER
OWN SUPPLIER THAT CONTAINS SUCH AN AFFIRMATION;
  (II)  ANY  PROCESSED  FOOD  THAT  WOULD BE SUBJECT TO THIS SUBDIVISION
SOLELY BECAUSE ONE OR MORE OF THE PROCESSING AIDS OR ENZYMES USED IN ITS
PRODUCTION WERE PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED  OF  DIGES-
TATE  PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH
AN ANAEROBIC DIGESTION PROCESS;
  (III) ANY ALCOHOLIC BEVERAGE THAT IS  SUBJECT  TO  REGULATION  BY  THE
ALCOHOLIC BEVERAGE CONTROL LAW;
  (IV)  FOOD  THAT  HAS BEEN LAWFULLY CERTIFIED TO BE LABELED, MARKETED,
AND OFFERED FOR SALE AS "ORGANIC" PURSUANT TO THE FEDERAL ORGANIC  FOODS
PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ., AND THE NATIONAL ORGANIC
PROGRAM  REGULATIONS  PROMULGATED  PURSUANT THERETO BY THE UNITED STATES
DEPARTMENT OF AGRICULTURE;
  (V) FOOD THAT IS NOT PACKAGED FOR RETAIL SALE AND THAT EITHER: (A)  IS
A  PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN CONSUMPTION;
OR (B) IS SERVED, SOLD, OR OTHERWISE PROVIDED IN ANY RESTAURANT OR OTHER
FOOD FACILITY THAT IS ENGAGED IN THE SALE OF FOOD PREPARED AND  INTENDED
FOR IMMEDIATE CONSUMPTION; OR
  (VI) MEDICAL FOOD.
  (E)  ANY  PERSON,  FIRM,  CORPORATION, OR OTHER LEGAL ENTITY VIOLATING
THIS SUBDIVISION SHALL BE SUBJECT TO THE PENALTIES FOR FALSE LABELS  AND
MISREPRESENTATIONS AS SET FORTH IN SECTION THREE HUNDRED NINETY-TWO-B OF
THE  GENERAL BUSINESS LAW, PROVIDED HOWEVER THAT A RETAILER SHALL NOT BE
PENALIZED  FOR  THE  FAILURE  TO  LABEL  UNDER  SECTION  THREE   HUNDRED
NINETY-TWO-B  OF THE GENERAL BUSINESS LAW UNLESS (I) THE RETAILER IS THE
MANUFACTURER OF THE FOOD, SEED OR SEED STOCK  PRODUCED  WITH  COMMERCIAL
FERTILIZER  COMPOSED  OF  DIGESTATE  PRODUCED OR PARTIALLY PRODUCED FROM
EFFLUENT THAT HAS GONE THROUGH AN ANAEROBIC DIGESTION PROCESS AND  SELLS
SUCH  FOOD UNDER A BRAND IT OWNS OR (II) THE RETAILER'S FAILURE TO LABEL
WAS KNOWING AND WILLFUL. IN AN ACTION IN WHICH  IT  IS  ALLEGED  THAT  A
RETAILER  HAS  VIOLATED  THE  PROVISIONS  OF THIS SECTION, IT SHALL BE A
DEFENSE THAT SUCH RETAILER RELIED ON (A) ANY DISCLOSURE CONCERNING FOODS
PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED OF  DIGESTATE  PRODUCED  OR
PARTIALLY  PRODUCED  FROM  EFFLUENT  THAT  HAS GONE THROUGH AN ANAEROBIC
DIGESTION PROCESS RECEIVED PURSUANT TO THIS SECTION OR (B) THE  LACK  OF
ANY DISCLOSURE.
  S 2. The general business law is amended by adding a new section 391-t
to read as follows:
  S  391-T.  THE LABELING OF FOODS PRODUCED WITH CERTAIN TYPES OF FERTI-
LIZERS. 1. DEFINITIONS. AS USED IN  THIS  SECTION  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "ANAEROBIC  DIGESTION"  MEANS  ANY  NATURAL  BIOLOGICAL PROCESSES
INVOLVING MICROORGANISMS IN THE ABSENCE OF OXYGEN FOR  THE  PURPOSES  OF
BREAKING DOWN BIODEGRADABLE MATERIAL AND THE CREATION OF METHANE.
  (B)  "COMMERCIAL  FERTILIZER" SHALL MEAN ANY SUBSTANCES CONTAINING ONE
OR MORE RECOGNIZED PLANT NUTRIENTS WHICH IS USED FOR ITS PLANT  NUTRIENT
CONTENT,  AND  WHICH  IS  DESIGNED  FOR  USE OR CLAIMED TO HAVE VALUE IN
PROMOTING  PLANT  GROWTH,  EXCEPT  UNMANIPULATED  ANIMAL  AND  VEGETABLE
MANURES,  AGRICULTURAL  LIMING  MATERIAL,  WOOD  ASHES, GYPSUM AND OTHER
PRODUCTS EXEMPTED BY REGULATION OF THE COMMISSIONER.
  (C) "DIGESTATE" MEANS ANY LIQUID OR SOLID  THAT  IS  PRODUCED  AS  THE
RESULT OF THE PROCESS OF ANAEROBIC DIGESTION.
  (D)  "EFFLUENT"  MEANS  ANY  GARBAGE,  REFUSE,  RAW SEWAGE, SEPTAGE OR
SLUDGE PRODUCED FROM A SEWAGE TREATMENT PLANT, WASTE TREATMENT PLANT  OR
WATER  SUPPLY  TREATMENT  PLANT THAT IS KNOWN TO CONTAIN EXCREMENTITIOUS

A. 3804                             4

WASTE PRODUCTS OR OTHER WASTES OR WASHINGS  FROM  THE  BODIES  OF  HUMAN
BEINGS.
  2.  (A)  ANY FOOD FOR HUMAN CONSUMPTION OFFERED FOR RETAIL SALE IN NEW
YORK IS MISBRANDED IF IT IS PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED
OF DIGESTATE PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT THAT HAS  GONE
THROUGH AN ANAEROBIC DIGESTION PROCESS AND THAT FACT IS NOT DISCLOSED AS
FOLLOWS:
  (I) IN THE CASE OF A RAW AGRICULTURAL COMMODITY THAT IS NOT SEPARATELY
PACKAGED  OR  LABELED,  THE  WORDS  "PRODUCED WITH FERTILIZER CONTAINING
ANAEROBICALLY DIGESTED HUMAN FECAL MATTER" OR ANY  OTHER  DERIVATIVE  OF
THOSE  WORDS SHALL BE PLACED  ON THE CONTAINER USED FOR PACKAGING, HOLD-
ING, AND/OR TRANSPORT IN A CLEAR AND CONSPICUOUS MANNER BY THE  MANUFAC-
TURER,  AND  MAINTAINED BY THE DISTRIBUTOR, AND DISPLAYED IN A CLEAR AND
CONSPICUOUS MANNER ON THE RETAIL  STORE  SHELF  OR  BIN  IN  WHICH  SUCH
COMMODITY IS FOR SALE BY THE RETAILER;
  (II)  IN  THE CASE OF PROCESSED FOOD CONTAINING SOME PRODUCTS PRODUCED
WITH COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE PRODUCED  OR  PARTIALLY
PRODUCED  FROM EFFLUENT THAT HAS GONE THROUGH AN AEROBIC DIGESTION PROC-
ESS, THE MANUFACTURER MUST LABEL THE FOOD, IN A  CLEAR  AND  CONSPICUOUS
MANNER ON THE PACKAGE OF SUCH FOOD, WITH THE WORDS "PRODUCED WITH FERTI-
LIZER CONTAINING ANAEROBICALLY DIGESTED HUMAN FECAL MATTER" OR ANY OTHER
DERIVATIVE OF THOSE WORDS; AND
  (III) IN THE CASE OF ANY SEED OR SEED STOCK, THE MANUFACTURER OR OTHER
ENTITY  RESPONSIBLE  FOR  PRODUCING THE SEED MUST LABEL THE SEED OR SEED
STOCK CONTAINER, THE SALES RECEIPT, AND ANY OTHER REFERENCE TO IDENTIFI-
CATION, OWNERSHIP, OR POSSESSION, IN A CLEAR AND CONSPICUOUS MANNER WITH
THE WORDS "PRODUCED WITH FERTILIZER  CONTAINING  ANAEROBICALLY  DIGESTED
HUMAN FECAL MATTER" OR ANY OTHER DERIVATIVE OF THOSE WORDS.
  (B)  THIS  SUBDIVISION  SHALL NOT BE CONSTRUCTED TO REQUIRE EITHER THE
LISTING OR IDENTIFICATION OF ANY INGREDIENTS  THAT  WERE  PRODUCED  WITH
COMMERCIAL  FERTILIZER  COMPOSED  OF  DIGESTATE  PRODUCED  OR  PARTIALLY
PRODUCED FROM EFFLUENT THAT HAS  GONE  THROUGH  AN  ANAEROBIC  DIGESTION
PROCESS,  NOR THAT THE PHRASE "PRODUCED WITH FERTILIZER CONTAINING ANAE-
ROBICALLY DIGESTED HUMAN FECAL MATTER" OR ANY OTHER DERIVATIVE OF  THOSE
WORDS BE PLACED IMMEDIATELY PRECEDING ANY COMMON NAME OR PRIMARY PRODUCT
DESCRIPTOR OF A FOOD.
  (C)  ANY  PROCESSED  FOOD  OR RAW AGRICULTURAL COMMODITY THAT WOULD BE
SUBJECT TO THIS SECTION SOLELY BECAUSE IT INCLUDES ONE OR MORE MATERIALS
PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED OF  DIGESTATE  PRODUCED  OR
PARTIALLY  PRODUCED  FROM  EFFLUENT  THAT  HAS GONE THROUGH AN ANAEROBIC
DIGESTIVE PROCESS IS NOT MISBRANDED PROVIDED THAT THESE MATERIALS ON THE
AGGREGATE DO NOT ACCOUNT FOR MORE THAN NINE-TENTHS OF ONE PERCENT OF THE
TOTAL WEIGHT OF THE PROCESSED FOOD OR RAW AGRICULTURAL COMMODITY.
  (D) THIS SUBDIVISION SHALL NOT APPLY TO ANY OF THE FOLLOWING:
  (I) A RAW AGRICULTURAL COMMODITY OR FOOD THAT HAS BEEN GROWN,  RAISED,
PRODUCED,  OR  DERIVED WITHOUT THE KNOWING AND INTENTIONAL USE OF FERTI-
LIZER COMPOSED OF DIGESTATE PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT
THAT HAS GONE THROUGH AN ANAEROBIC DIGESTION  PROCESS.  INCLUDED  WITHIN
THE EXCLUSION UNDER THIS PARAGRAPH, THE PERSON RESPONSIBLE FOR COMPLYING
WITH  PARAGRAPH  (A)  OF THIS SUBDIVISION WITH RESPECT TO A RAW AGRICUL-
TURAL COMMODITY OR FOOD, SHALL OBTAIN FROM WHOMEVER SOLD THE  RAW  AGRI-
CULTURAL  COMMODITY  OR  FOOD TO THAT PERSON, A WRITTEN STATEMENT, WHICH
SHALL BE INCLUDED ON AN INVOICE THAT MAY BE IN AN ELECTRONIC FORM,  THAT
THE  RAW  AGRICULTURAL  COMMODITY OR FOOD: (A) HAS NOT BEEN KNOWINGLY OR
INTENTIONALLY PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED OF  DIGESTATE
PRODUCED  OR  PARTIALLY  PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN

A. 3804                             5

ANAEROBIC DIGESTION PROCESS; AND (B) HAS BEEN SEGREGATED FROM,  AND  HAS
NOT  BEEN KNOWINGLY OR INTENTIONALLY COMMINGLED WITH FOODS THAT MAY HAVE
BEEN PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED OF DIGESTATE  PRODUCED
OR  PARTIALLY  PRODUCED FROM EFFLUENT THAT HAS GONE THROUGH AN ANAEROBIC
DIGESTION PROCESS. IN PROVIDING SUCH STATEMENT, A PERSON MAY RELY  ON  A
WRITTEN  STATEMENT,  WHICH MAY BE IN AN ELECTRONIC FORM, FROM HIS OR HER
OWN SUPPLIER THAT CONTAINS SUCH AN AFFIRMATION;
  (II) ANY PROCESSED FOOD THAT WOULD  BE  SUBJECT  TO  THIS  SUBDIVISION
SOLELY BECAUSE ONE OR MORE OF THE PROCESSING AIDS OR ENZYMES USED IN ITS
PRODUCTION  WERE  PRODUCED WITH COMMERCIAL FERTILIZER COMPOSED OF DIGES-
TATE PRODUCED OR PARTIALLY PRODUCED FROM EFFLUENT THAT HAS GONE  THROUGH
AN ANAEROBIC DIGESTION PROCESS;
  (III)  ANY  ALCOHOLIC  BEVERAGE  THAT  IS SUBJECT TO REGULATION BY THE
ALCOHOLIC BEVERAGE CONTROL LAW;
  (IV) FOOD THAT HAS BEEN LAWFULLY CERTIFIED TO  BE  LABELED,  MARKETED,
AND  OFFERED FOR SALE AS "ORGANIC" PURSUANT TO THE FEDERAL ORGANIC FOODS
PRODUCTION ACT OF 1990, 7 U.S.C. 6501, ET SEQ., AND THE NATIONAL ORGANIC
PROGRAM REGULATIONS PROMULGATED PURSUANT THERETO BY  THE  UNITED  STATES
DEPARTMENT OF AGRICULTURE;
  (V)  FOOD THAT IS NOT PACKAGED FOR RETAIL SALE AND THAT EITHER: (A) IS
A PROCESSED FOOD PREPARED AND INTENDED FOR IMMEDIATE HUMAN  CONSUMPTION;
OR (B) IS SERVED, SOLD, OR OTHERWISE PROVIDED IN ANY RESTAURANT OR OTHER
FOOD  FACILITY THAT IS ENGAGED IN THE SALE OF FOOD PREPARED AND INTENDED
FOR IMMEDIATE CONSUMPTION; OR
  (VI) MEDICAL FOOD.
  (E) ANY PERSON, FIRM, CORPORATION, OR  OTHER  LEGAL  ENTITY  VIOLATING
THIS  SUBDIVISION SHALL BE SUBJECT TO THE PENALTIES FOR FALSE LABELS AND
MISREPRESENTATIONS AS SET FORTH IN SECTION THREE HUNDRED NINETY-TWO-B OF
THIS ARTICLE, PROVIDED HOWEVER THAT A RETAILER SHALL  NOT  BE  PENALIZED
FOR  THE  FAILURE  TO  LABEL UNDER SECTION THREE HUNDRED NINETY-TWO-B OF
THIS ARTICLE UNLESS (I) THE RETAILER IS THE MANUFACTURER  OF  THE  FOOD,
SEED  OR  SEED  STOCK  PRODUCED  WITH  COMMERCIAL FERTILIZER COMPOSED OF
DIGESTATE PRODUCED OR PARTIALLY PRODUCED FROM  EFFLUENT  THAT  HAS  GONE
THROUGH AN ANAEROBIC DIGESTION PROCESS AND SELLS SUCH FOOD UNDER A BRAND
IT OWNS OR (II) THE RETAILER'S FAILURE TO LABEL WAS KNOWING AND WILLFUL.
IN  AN  ACTION  IN  WHICH IT IS ALLEGED THAT A RETAILER HAS VIOLATED THE
PROVISIONS OF THIS SECTION, IT SHALL BE A  DEFENSE  THAT  SUCH  RETAILER
RELIED  ON  (A) ANY DISCLOSURE CONCERNING FOODS PRODUCED WITH COMMERCIAL
FERTILIZER COMPOSED OF DIGESTATE PRODUCED  OR  PARTIALLY  PRODUCED  FROM
EFFLUENT  THAT  HAS GONE THROUGH AN ANAEROBIC DIGESTION PROCESS RECEIVED
PURSUANT TO THIS SECTION OR (B) THE LACK OF ANY DISCLOSURE.
  S 3. Severability clause. If any provision of this act or its applica-
tion to any person, legal entity, or circumstance is held  invalid,  the
remainder  of  the  act  or  the  application  of the provision to other
persons, legal entity or circumstances shall not be affected.
  S 4. This act shall take effect twenty-four months after it shall have
become a law; provided, however, that effective immediately, the depart-
ment of agriculture and markets shall adopt any  rules  and  regulations
necessary to implement this act, including, but not limited to, creating
and  maintaining  a list, which shall be made available to the public at
no cost, of raw agricultural commodities that are produced with  commer-
cial  fertilizer  composed  of  digestate produced or partially produced
from effluent that has gone through an anaerobic digestion process.

assembly Bill A3781

Makes membership in the state retirement system optional for members of the legislature

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

Makes membership in the state retirement system optional for members of the legislature.

Bill Details

Versions:
A3781
Current Committee:
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §40, R & SS L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3781

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. LALOR, McLAUGHLIN, BORELLI -- Multi-Sponsored by
  -- M. of A. TENNEY -- read once  and  referred  to  the  Committee  on
  Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  making membership in the retirement system optional for members of the
  legislature

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

  Section 1. Subparagraph (i) of paragraph 1 of subdivision b of section
40 of the retirement and social security law, is renumbered subparagraph
(j) and a new subparagraph (i) is added to read as follows:
  (I) WHO BEGINS SERVICE AS A MEMBER OF THE LEGISLATURE AFTER THE EFFEC-
TIVE DATE OF THIS SUBPARAGRAPH.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00768-01-5

assembly Bill A3803

Requires notification to a non-custodial parent when their minor child is the victim of violence and/or sexual abuse and when the custodial parent of such child is arrested

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

Requires the state, by and through the secretary of state, to make good faith efforts to notify a non-custodial parent when a minor is the victim of a crime of violence and/or sexual abuse; requires the court upon the arraignment of a criminal defendant to investigate whether the defendant is the parent of a minor child and if so, to instruct the defendant to make an appropriate plan for the child; requires the court to notify a non-custodial parent of the custodial parent's arrest for the commission of a felony; and requires family courts to require parties to a custody and/or visitation proceeding, one of which who was previously arrested on a felony charge, to immediately notify the other parent of such arrest.

Bill Details

Versions:
A3803
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §214-a, Exec L; amd §170.10, CP L; add §658, Fam Ct Act
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3803

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
  Committee on Children and Families

AN ACT to amend the executive law, in relation to requiring  the  super-
  intendent  of  state  police  to  develop and disseminate policies and
  procedures in regard to notifying a non-custodial parent  of  a  minor
  child when such child has been the victim of violence or sexual abuse;
  to  amend  the criminal procedure law, in relation to notifying a non-
  custodial parent of the custodial parent's arrest for  the  commission
  of a felony; and to amend the family court act, in relation to requir-
  ing  family courts to include such notice requirements within the text
  of child custody determinations

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

  Section 1. Section 214-a of the executive law, as added by chapter 504
of the laws of 1988, is amended to read as follows:
  S 214-a. Child  abuse  prevention.  The  superintendent shall, for all
members of the state police:
  (1) develop, maintain and disseminate written policies and  procedures
pursuant  to  title  six  of  article six of the social services law and
applicable provisions of article ten of the family court act,  regarding
the  mandatory reporting of child abuse or neglect, reporting procedures
and obligations of persons required to report, provisions for  taking  a
child  into  protective custody, mandatory reporting of deaths, immunity
from liability, penalties for failure to report and obligations for  the
provision  of services and procedures necessary to safeguard the life or
health of the child; [and]
  (2) DEVELOP, MAINTAIN AND DISSEMINATE WRITTEN POLICIES AND  PROCEDURES
REGARDING  MANDATORY  NOTIFICATION  TO A NON-CUSTODIAL PARENT OF A MINOR
CHILD WHEN SUCH MINOR CHILD HAS BEEN THE VICTIM OF A CRIME  OF  VIOLENCE
OR SEXUAL ABUSE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03478-01-5

A. 3803                             2

  (3)  establish,  and implement on an ongoing basis, a training program
for all current and new employees regarding the policies and  procedures
established pursuant to this section.
  S 2. Subdivision 9 of section 170.10 of the criminal procedure law, as
renumbered by chapter 449 of the laws of 1992, is renumbered subdivision
11 and two new subdivisions 9 and 10 are added to read as follows:
  9.  UPON  THE ARRAIGNMENT, THE COURT SHALL INSTRUCT THE DEFENDANT THAT
IF THE DEFENDANT IS THE CUSTODIAL PARENT OF A CHILD, THE DEFENDANT SHALL
IMMEDIATELY MAKE AN APPROPRIATE PLAN FOR THE CHILD WHILE  THE  DEFENDANT
REMAINS  IN CUSTODY. THE COURT SHALL FURTHER INSTRUCT THE DEFENDANT THAT
FAILURE TO MAKE AN APPROPRIATE PLAN FOR  THE  CHILD  MAY  BE  CONSIDERED
CHILD  NEGLECT  AND/OR ABUSE PURSUANT TO ARTICLE TEN OF THE FAMILY COURT
ACT.
  IF THE COURT DISCOVERS THAT THE DEFENDANT HAS LEFT  A  CHILD  AT  HOME
WITHOUT  ADULT  SUPERVISION,  THE  COURT  SHALL  IMMEDIATELY CONTACT THE
OFFICE OF CHILDREN AND FAMILY SERVICES.
  10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  IF  A
PERSON IS CHARGED WITH THE COMMISSION OF A FELONY, THE COURT SHALL:
  (A)  UPON THE ARRAIGNMENT, INQUIRE WHETHER THE DEFENDANT IS THE CUSTO-
DIAL PARENT OF A MINOR CHILD. THE COURT SHALL EXERCISE DUE DILIGENCE  IN
OBTAINING  THE  WHEREABOUTS  AND CONTACT INFORMATION OF SUCH MINOR CHILD
AND THE NAME AND CONTACT INFORMATION OF  THE  NON-CUSTODIAL  PARENT,  IF
ANY. FOR PURPOSES OF THIS SUBDIVISION, "NON-CUSTODIAL PARENT" SHALL MEAN
ANY PERSON RECOGNIZED AS THE BIOLOGICAL PARENT OF A MINOR CHILD, INCLUD-
ING,  BUT  NOT  LIMITED  TO,  PERSONS  NAMED ON SUCH MINOR CHILD'S BIRTH
CERTIFICATE AND/OR NAMED WITHIN A CHILD  SUPPORT  OR  CUSTODY/VISITATION
ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION, AND WHO DOES NOT HAVE
PHYSICAL CUSTODY OF THE CHILD AT THE TIME OF THE PERSON'S ARREST; AND
  (B)  WITHIN  TEN DAYS AFTER THE ARRAIGNMENT, CONTACT THE NON-CUSTODIAL
PARENT AND INFORM SUCH PARENT OF SUCH ARREST.
  (C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY WHERE AN  ORDER
OF  PROTECTION  HAS  BEEN  ISSUED  AGAINST THE NON-CUSTODIAL PARENT BY A
COURT OF COMPETENT JURISDICTION.
  S 3. The family court act is amended by adding a new  section  658  to
read as follows:
  S  658.  REQUIRED  CONDITIONS  TO A CHILD CUSTODY DETERMINATION WHEN A
PARTY TO THE CUSTODY AND/OR VISITATION PROCEEDING  HAS  BEEN  PREVIOUSLY
ARRESTED  ON A FELONY CHARGE.  WHERE A PARTY TO A CUSTODY AND/OR VISITA-
TION PROCEEDING HAS BEEN PREVIOUSLY ARRESTED AND/OR CONVICTED ON A FELO-
NY CHARGE, THE COURT SHALL NOT ACCEPT OR ISSUE A CHILD CUSTODY  DETERMI-
NATION WITHOUT REQUIRING THE FOLLOWING CONDITIONS:
  (A)  IF  EITHER  PARTY  TO THE CUSTODY AND/OR VISITATION PROCEEDING IS
SUBSEQUENTLY ARRESTED ON A FELONY CHARGE, SUCH PARTY  SHALL  IMMEDIATELY
NOTIFY THE OTHER PARTY OF THEIR ARREST;
  (B)  IF EITHER PARTY TO THE CUSTODY AND/OR VISITATION PROCEEDING RELO-
CATES TO ANOTHER STATE, THE RELOCATING PARTY SHALL REGISTER THE  CUSTODY
AND/OR  VISITATION DETERMINATION WITH THE OTHER STATE WITHIN THIRTY DAYS
AFTER RELOCATION AND SUCH PARTY'S FAILURE TO REGISTER THE  DETERMINATION
WITHIN  THE SPECIFIED TIME PERIOD SHALL BE CONSIDERED A PER SE VIOLATION
OF THE CHILD CUSTODY DETERMINATION OF THIS STATE; AND
  (C) BOTH PARTIES SHALL PROMPTLY NOTIFY THE STATE IN  WHICH  THE  CHILD
CURRENTLY RESIDES OF ANY CHANGE IN ADDRESS AND/OR OTHER CONTACT INFORMA-
TION DEEMED APPROPRIATE.
  S  4.  This act shall take effect the first of January next succeeding
the date on which it shall have become a law.

Pages