assembly Bill A4211

Provides persons with disabilities with access to prearranged for-hire vehicles

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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

Provides persons with disabilities with access to prearranged for-hire vehicles and shuttle services.

Bill Details

Versions:
A4211
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1220-d, V & T L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4211

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M. of A. TITUS, PAULIN, CAHILL -- read once and referred
  to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  access  to
  certain  for-hire  vehicles and shuttle services by persons with disa-
  bilities

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

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1220-d to read as follows:
  S 1220-D. ACCESSIBILITY IN FOR-HIRE VEHICLES. 1. FOR THE  PURPOSES  OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "PRE-ARRANGED  FOR-HIRE  VEHICLE"  SHALL  MEAN  A  MOTOR VEHICLE,
DESIGNED TO CARRY NO MORE THAN NINE PASSENGERS (EXCLUDING  THE  DRIVER),
THAT IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION
ON  A  PRE-ARRANGED BASIS, AND OPERATED IN SUCH BUSINESS UNDER A LICENSE
OR PERMIT ISSUED BY A LICENSING  JURISDICTION.  THE  TERM  "PRE-ARRANGED
FOR-HIRE  VEHICLE"  SHALL  APPLY  TO VEHICLES AS DEFINED IN THIS SECTION
REGARDLESS OF ANY OTHER PROVISION OF  LOCAL  LAW  OR  RULE  DEFINING  OR
DESCRIBING  SUCH  VEHICLES BY ANY OTHER TERMS SUCH AS LIVERY, BLACK CAR,
OR LUXURY LIMOUSINE.
  (B) "PRE-ARRANGED FOR-HIRE VEHICLE OPERATOR" SHALL MEAN THE REGISTERED
OWNER OF A PRE-ARRANGED FOR-HIRE VEHICLE,  OR  A  DULY  LICENSED  DRIVER
DESIGNATED  BY  SUCH  REGISTERED OWNER TO OPERATE THE REGISTERED OWNER'S
PRE-ARRANGED FOR-HIRE  VEHICLE  AS  THE  REGISTERED  OWNER'S  AUTHORIZED
DESIGNEE.
  (C)  "SHUTTLE  SERVICE"  SHALL  MEAN ANY PRE-ARRANGED FOR-HIRE VEHICLE
TRANSPORTATION OFFERED ON A FIXED ROUTE INCLUDING, BUT NOT  LIMITED  TO,
GROUND TRANSPORTATION OFFERED BY HOTELS TO AND FROM AIRPORTS AND TOURISM
DESTINATIONS.
  (D)  "WHEELCHAIR  ACCESSIBLE  VEHICLE" SHALL MEAN A VEHICLE CAPABLE OF
TRANSPORTING INDIVIDUALS WHO USE WHEELCHAIRS OR OTHER MOBILITY AIDS  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06617-01-5

A. 4211                             2

WHO  ARE UNABLE TO TRANSFER FROM A WHEELCHAIR OR OTHER MOBILITY AID TO A
VEHICLE PASSENGER SEAT. NOTHING  IN  THIS  CHAPTER  SHALL  DIMINISH  THE
REQUIREMENTS  OF FOR-HIRE VEHICLES TO COMPLY WITH THE NON-DISCRIMINATION
REQUIREMENTS OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT OF 1990
(42 U.S.C. 12181 ET SEQ.).
  (E) "EQUIVALENT SERVICE" SHALL MEAN THE PROVISION OF SERVICES TO INDI-
VIDUALS  WITH  DISABILITIES,  INCLUDING INDIVIDUALS WHO USE WHEELCHAIRS,
THAT WHEN TAKEN IN TOTALITY IS EQUIVALENT TO  THE  SERVICE  PROVIDED  TO
PERSONS  WITHOUT  DISABILITIES WHEN MEASURED BY THE FOLLOWING CHARACTER-
ISTICS:
  (I) ABILITY TO ACCEPT RESERVATIONS;
  (II) FARES CHARGED;
  (III) RESPONSE TIME TO REQUESTS FOR SERVICE;
  (IV) HOURS AND DAYS OF SERVICE AVAILABILITY;
  (V) RESTRICTIONS BASED UPON TRIP PURPOSE; AND
  (VI) OTHER LIMITATIONS ON CAPACITY OR SERVICE AVAILABILITY.
  2. (A) EVERY PRE-ARRANGED FOR-HIRE VEHICLE OWNER  OR  SHUTTLE  SERVICE
PROVIDER  WITH  NOT  MORE THAN TEN FOR-HIRE VEHICLES SHALL (I) ADVERTISE
AND PROVIDE ACCESSIBLE ALTERNATIVE  TRANSPORTATION  UPON  REQUEST  OF  A
PATRON;  AND  (II)  PURCHASE  AT LEAST ONE WHEELCHAIR ACCESSIBLE VEHICLE
UPON ITS NEXT PURCHASE OF A NEW OR USED VEHICLE.
  (B) EVERY PRE-ARRANGED  FOR-HIRE  VEHICLE  OWNER  OR  SHUTTLE  SERVICE
PROVIDER  WITH  NOT  LESS  THAN ELEVEN OR MORE THAN ONE HUNDRED FOR-HIRE
VEHICLES SHALL (I) ADVERTISE AND PROVIDE ACCESSIBLE  ALTERNATIVE  TRANS-
PORTATION  UPON REQUEST OF A PATRON; AND (II) PURCHASE WHEELCHAIR ACCES-
SIBLE VEHICLES UPON NEED TO REPLACE EXISTING VEHICLES, OR  WITHIN  THREE
YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, UNTIL NOT LESS THAN TEN
PERCENT OF THE FLEET IS WHEELCHAIR ACCESSIBLE.
  (C)  EVERY  PRE-ARRANGED  FOR-HIRE  VEHICLE  OWNER  OR SHUTTLE SERVICE
PROVIDER WITH NOT LESS THAN ONE HUNDRED ONE FOR-HIRE VEHICLES SHALL  (I)
ADVERTISE AND PROVIDE ACCESSIBLE ALTERNATIVE TRANSPORTATION UPON REQUEST
OF  A PATRON; AND (II) PURCHASE WHEELCHAIR ACCESSIBLE VEHICLES UPON NEED
TO REPLACE EXISTING VEHICLES, OR WITHIN FIVE YEARS OF THE EFFECTIVE DATE
OF THIS SUBDIVISION, UNTIL NOT LESS THAN TWENTY PERCENT OF THE FLEET  IS
WHEELCHAIR ACCESSIBLE.
  3.  FAILURE  TO  COMPLY WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS
SECTION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY A FINE  OF  NOT  LESS
THAN  FIFTY  DOLLARS AND NOT MORE THAN ONE HUNDRED FIFTY DOLLARS PER DAY
FROM THE DATE A VIOLATION OCCURRED UNTIL  THE  DATE  SUCH  VIOLATION  IS
CURED.  A  VIOLATION  MAY  ALSO  BE  GROUNDS FOR REVOCATION OR DENIAL OF
LICENSING OR  REGISTRATION,  OR  RENEWAL  THEREOF,  UNDER  SECTION  FOUR
HUNDRED  ONE  OF  THIS  CHAPTER. THE LOCAL AND STATE AUTHORITIES CHARGED
WITH ISSUING PERMITS, LICENSES AND REGISTRATION OF PRE-ARRANGED FOR-HIRE
VEHICLES AND SHUTTLE SERVICES SHALL REQUIRE PROOF PRIOR TO  ISSUANCE  OF
SUCH PERMIT, LICENSE AND REGISTRATION, OR RENEWAL THEREOF, OF COMPLIANCE
WITH THE PROVISIONS OF THIS SECTION.
  S  2.  This act shall take effect on the three hundred sixty-fifth day
after it shall have become a law.

assembly Bill A4209

Directs courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, unless the people show good cause

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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

Directs courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, unless the people show good cause otherwise.

Bill Details

Versions:
A4209
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.20 & 530.40, CP L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4209

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M. of A. TITUS, COOK, O'DONNELL, CLARK, WRIGHT -- Multi-
  Sponsored by -- M. of A. GOTTFRIED, JAFFEE, PERRY, ZEBROWSKI  --  read
  once and referred to the Committee on Codes

AN  ACT  to amend the criminal procedure law, in relation to exoneration
  of bail

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

  Section  1. Section 530.20 of the criminal procedure law is amended by
adding a new subdivision 3 to read as follows:
  3. WHEN A LOCAL CRIMINAL COURT HAS, IN ACCORDANCE WITH  THIS  SECTION,
ORDERED  BAIL  WITH  RESPECT TO A DEFENDANT CHARGED BY FELONY COMPLAINT,
AND THE DEFENDANT IS SUBSEQUENTLY AT LIBERTY IN THE ACTION FOLLOWING THE
POSTING OF BAIL, SUCH COURT SHALL UPON  APPLICATION  OF  THE  DEFENDANT,
EXONERATE  BAIL  AND ORDER RECOGNIZANCE WHEN, AT THE TIME OF THE DEFEND-
ANT'S APPLICATION THEREFOR, THE FELONY COMPLAINT  HAS  BEEN  PENDING  IN
SUCH LOCAL CRIMINAL COURT, WITH NO ACTION OF THE GRAND JURY, FOR A PERI-
OD OF AT LEAST FORTY-FIVE DAYS FROM THE DATE OF THE DEFENDANT'S ARRAIGN-
MENT  THEREON;  PROVIDED, HOWEVER, THAT THE COURT MAY DENY SUCH APPLICA-
TION WHERE THE PEOPLE SHOW GOOD CAUSE WHY BAIL SHOULD NOT BE EXONERATED.
  S 2. Section 530.40 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
WHERE  A  DEFENDANT  CHARGED  BY  FELONY  COMPLAINT IS AT LIBERTY IN THE
ACTION FOLLOWING THE POSTING OF BAIL, THE COURT SHALL  UPON  APPLICATION
OF  THE  DEFENDANT,  EXONERATE  BAIL AND ORDER RECOGNIZANCE WHEN, AT THE
TIME OF THE DEFENDANT'S APPLICATION THEREFOR, SUCH FELONY COMPLAINT  HAS
BEEN PENDING, WITH NO ACTION OF THE GRAND JURY, FOR A PERIOD OF AT LEAST
FORTY-FIVE  DAYS  FROM  THE DATE OF THE DEFENDANT'S ARRAIGNMENT THEREON;
PROVIDED, HOWEVER, THAT THE COURT MAY DENY SUCH  APPLICATION  WHERE  THE
PEOPLE SHOW GOOD CAUSE WHY BAIL SHOULD NOT BE EXONERATED.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06605-01-5

assembly Bill A4206

Relates to educational or training work activity requirements

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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 educational or training work activity requirements.

Bill Details

Versions:
A4206
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §336, Soc Serv L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4206

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by M. of A. TITUS -- read once and referred to the Committee
  on Social Services

AN ACT to amend the social services law, in relation to  educational  or
  training work activity requirements

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

  Section 1. Section 336 of the social services law is amended by adding
a new subdivision 9 to read as follows:
  9. FOR ANY PARTICIPANT ENGAGED IN AN EDUCATIONAL OR TRAINING  ACTIVITY
PURSUANT  TO  PARAGRAPHS (H), (I), (J), (K) OR (N) OF SUBDIVISION ONE OF
THIS SECTION, HOMEWORK EXPECTED OR REQUIRED BY THE EDUCATIONAL  INSTITU-
TION,  INCLUDING  UP  TO  ONE  HOUR OF UNSUPERVISED HOMEWORK PER HOUR OF
CLASS TIME, PLUS ADDITIONAL HOURS OF HOMEWORK SUPERVISED BY  THE  EDUCA-
TIONAL  INSTITUTION,  SHALL  COUNT  TOWARDS  SATISFACTION OF THE PARTIC-
IPANT'S WORK ACTIVITY REQUIREMENTS UNDER THIS TITLE, TO THE EXTENT  THAT
SUCH  PARTICIPATION  SHALL  NOT  IMPAIR  THE NEED OF THE SOCIAL SERVICES
DISTRICT TO MEET FEDERAL AND STATE WORK ACTIVITY PARTICIPATION  REQUIRE-
MENTS.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06711-01-5

assembly Bill A4205

Relates to requiring clear and conspicuous labeling of all consumable commodities

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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 requiring clear and conspicuous labeling of all consumable commodities, including infant formula.

Bill Details

Versions:
A4205
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4205

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by M. of A. TITUS, GLICK, PEOPLES-STOKES, MONTESANO, COOK --
  Multi-Sponsored by -- M. of A. HIKIND,  PERRY,  SKARTADOS,  THIELE  --
  read  once  and  referred  to  the  Committee  on Consumer Affairs and
  Protection

AN ACT to amend the general business law, in relation to  requiring  the
  labeling of all consumable commodities containing genetically modified
  organisms

  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
391-t to read as follows:
  S 391-T. CONSUMABLE COMMODITIES; THE REQUIREMENT OF CLEAR AND CONSPIC-
UOUS LABELING. 1. DEFINITIONS. AS USED IN THIS  SECTION,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "FOOD"  MEANS  (I)  ARTICLES USED FOR FOOD OR DRINK FOR HUMANS OR
OTHER ANIMALS, (II) CHEWING GUM, (III) INFANT FORMULA, AND (IV) ARTICLES
USED FOR COMPONENTS OF ANY SUCH ARTICLE.
  (B) "DISTRIBUTOR" MEANS A  PERSON  OR  ENTITY  THAT  SELLS,  SUPPLIES,
FURNISHES  OR  TRANSPORTS  FOOD  INTENDED  FOR HUMAN CONSUMPTION IN THIS
STATE THAT SUCH PERSON OR ENTITY DOES NOT PRODUCE.
  (C) "GENETICALLY MODIFIED ORGANISM  (GMO)"  MEANS  AN  ORGANISM  WHOSE
GENETIC CHARACTERISTICS HAVE BEEN ALTERED BY THE INSERTION OF A MODIFIED
GENE  OR  A  GENE  FROM ANOTHER ORGANISM USING THE TECHNIQUES OF GENETIC
ENGINEERING.
  (D) "GENETIC ENGINEERING" MEANS A PROCESS BY  WHICH  A  FOOD  OR  FOOD
INGREDIENT  THAT  IS PRODUCED FROM AN ORGANISM OR ORGANISMS IN WHICH THE
GENETIC MATERIAL HAS BEEN CHANGED THROUGH THE  APPLICATION  OF:  (I)  IN
VITRO  NUCLEIC ACID TECHNIQUES, INCLUDING RECOMBINANT DNA TECHNIQUES AND
THE DIRECT INJECTION OF NUCLEIC ACID INTO CELLS OR ORGANELLES;  OR  (II)
FUSION  OF  CELLS,  INCLUDING  PROTOPLAST FUSION, OR HYBRIDIZATION TECH-
NIQUES THAT OVERCOME NATURAL PHYSIOLOGICAL, REPRODUCTIVE  OR  RECOMBINA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06658-01-5

A. 4205                             2

TION  BARRIERS,  WHERE THE DONOR CELLS OR PROTOPLASTS DO NOT FALL WITHIN
THE SAME TAXONOMIC GROUP, IN A WAY THAT DOES NOT OCCUR BY NATURAL MULTI-
PLICATION OR NATURAL RECOMBINATION.
  (E)  "INFANT  FORMULA" MEANS A MILK-BASED OR SOY-BASED POWDER, CONCEN-
TRATED LIQUID OR READY-TO-FEED SUBSTITUTE FOR HUMAN BREAST MILK THAT  IS
INTENDED FOR INFANT CONSUMPTION AND IS COMMERCIALLY AVAILABLE.
  (F) "LABEL" MEANS A DISPLAY OF WRITTEN, PRINTED OR GRAPHIC MATTER UPON
THE  IMMEDIATE  CONTAINER OF ANY ARTICLE, PROVIDED A REQUIREMENT MADE BY
OR UNDER AUTHORITY OF THIS CHAPTER THAT ANY INFORMATION OR OTHER WORD OR
STATEMENT APPEAR ON THE LABEL SHALL NOT BE  CONSIDERED  TO  BE  COMPLIED
WITH  UNLESS SUCH INFORMATION OR OTHER WORD OR STATEMENT ALSO APPEARS ON
THE OUTSIDE CONTAINER OR WRAPPER, IF ANY, OF THE RETAIL PACKAGE OF  SUCH
ARTICLE, OR IS EASILY LEGIBLE THROUGH THE OUTSIDE CONTAINER OR WRAPPER.
  (G)  "LABELING" MEANS ALL LABELS AND OTHER WRITTEN, PRINTED OR GRAPHIC
MATTER (I) UPON ANY ARTICLE OR ANY OF ITS  CONTAINERS  OR  WRAPPERS,  OR
(II) ACCOMPANYING SUCH ARTICLE; PROVIDED, IF AN ARTICLE IS ALLEGED TO BE
MISBRANDED BECAUSE THE LABELING IS MISLEADING, OR IF AN ADVERTISEMENT IS
ALLEGED  TO  BE  FALSE  BECAUSE  IT  IS MISLEADING, THEN, IN DETERMINING
WHETHER THE LABELING OR ADVERTISEMENT  IS  MISLEADING,  THERE  SHALL  BE
TAKEN INTO ACCOUNT, AMONG OTHER THINGS, NOT ONLY REPRESENTATIONS MADE OR
SUGGESTED BY STATEMENT, WORD, DESIGN, DEVICE OR SOUND OR ANY COMBINATION
THEREOF,  BUT  ALSO  THE  EXTENT  TO WHICH THE LABELING OR ADVERTISEMENT
FAILS TO REVEAL FACTS MATERIAL IN THE LIGHT OF SUCH  REPRESENTATIONS  OR
MATERIAL  WITH  RESPECT TO CONSEQUENCES WHICH MAY RESULT FROM THE USE OF
THE ARTICLE TO WHICH THE LABELING OR  ADVERTISEMENT  RELATES  UNDER  THE
CONDITIONS OF USE PRESCRIBED IN THE LABELING OR ADVERTISEMENT THEREOF OR
UNDER SUCH CONDITIONS OF USE AS ARE CUSTOMARY OR USUAL, AND PROVIDED THE
REPRESENTATION  OF A DRUG, IN ITS LABELING OR ADVERTISEMENT, AS AN ANTI-
SEPTIC SHALL BE CONSIDERED TO BE A REPRESENTATION THAT IT  IS  A  GERMI-
CIDE,  EXCEPT IN THE CASE OF A DRUG PURPORTING TO BE, OR REPRESENTED AS,
AN ANTISEPTIC FOR INHIBITORY USE AS A WET DRESSING, OINTMENT OR  DUSTING
POWDER  OR  FOR  SUCH  OTHER  USE AS INVOLVES PROLONGED CONTACT WITH THE
BODY.
  (H) "MANUFACTURER" MEANS A PERSON WHO PRODUCES FOOD INTENDED FOR HUMAN
CONSUMPTION OR SEED OR SEED STOCK THAT IS INTENDED TO PRODUCE  FOOD  FOR
HUMAN CONSUMPTION AND SELLS SUCH ITEM TO A RETAILER OR DISTRIBUTOR.
  (I)  "RAW AGRICULTURAL COMMODITY" MEANS ANY FOOD IN ITS RAW OR NATURAL
STATE, INCLUDING ALL FRUITS THAT ARE WASHED, COLORED OR OTHERWISE TREAT-
ED IN THEIR UNPEELED NATURAL FORM PRIOR TO MARKETING.
  (J) "RETAILER" MEANS A PERSON OR ENTITY THAT ENGAGES IN  THE  SALE  OF
FOOD INTENDED FOR HUMAN CONSUMPTION TO A CONSUMER.
  (K)  "SALE"  MEANS  ANY  AND  EVERY SALE AND INCLUDES (I) MANUFACTURE,
PROCESSING, PACKING, CANNING, BOTTLING OR ANY OTHER PRODUCTION, PREPARA-
TION OR PUTTING UP; (II) EXPOSURE, OFFER OR  ANY  OTHER  PROFFER;  (III)
HOLDING,  STORING  OR  ANY  OTHER  POSSESSING;  (IV) DISPENSING, GIVING,
DELIVERING, SERVING OR ANY OTHER SUPPLYING; AND (V)  APPLYING,  ADMINIS-
TERING OR ANY OTHER USING.
  2.  LABELING  OF  CONSUMABLE  COMMODITIES.  (A) CONSUMABLE COMMODITIES
SHALL BE LABELED AS FOLLOWS: (I) IN THE CASE OF SUCH FOOD THAT  IS  SOLD
WHOLESALE  AND  IS  NOT  INTENDED  FOR  RETAIL SALE, ON THE BILL OF SALE
ACCOMPANYING SUCH FOOD DURING SHIPPING, WITH THE CLEAR  AND  CONSPICUOUS
WORDS: "PRODUCED WITH GENETIC ENGINEERING";
  (II)  IN THE CASE OF SUCH FOOD FOR RETAIL SALE CONTAINED IN A PACKAGE,
INCLUDING  INFANT  FORMULA,  WITH  THE  CLEAR  AND  CONSPICUOUS   WORDS:
"PRODUCED WITH GENETIC ENGINEERING";

A. 4205                             3

  (III)  IN  THE CASE OF SUCH FOOD THAT IS A RAW AGRICULTURAL COMMODITY,
ON THE PACKAGE OFFERED FOR RETAIL SALE OR,  IN  THE  CASE  OF  ANY  SUCH
COMMODITY  THAT  IS  NOT  SEPARATELY PACKAGED OR LABELED, ON THE BILL OF
SALE OR INVOICE FOR SUCH COMMODITY AND ON THE RETAIL STORE SHELF OR  BIN
THAT HOLDS SUCH COMMODITY DISPLAYED FOR SALE WITH THE CLEAR AND CONSPIC-
UOUS WORDS: "PRODUCED WITH GENETIC ENGINEERING"; AND
  (IV)  IN  THE  CASE  OF  ANY SUCH SEED OR SEEK STOCK, ON THE CONTAINER
HOLDING THE SEED OR SEED STOCK DISPLAYED FOR SALE OR ON ANY LABEL  IDEN-
TIFYING  OWNERSHIP  OR  POSSESSION  OF  THE COMMODITY WITH THE CLEAR AND
CONSPICUOUS WORDS: "PRODUCED WITH GENETIC ENGINEERING".
  SUCH FOOD LABELING SHALL BE DISPLAYED IN THE SAME SIZE AND FONT AS THE
INGREDIENTS IN THE NUTRITIONAL FACTS PANEL ON THE FOOD LABEL.
  (B) THE REQUIREMENTS OF PARAGRAPH (A) OF THIS  SUBDIVISION  SHALL  NOT
APPLY TO ANY OF THE FOLLOWING: (I) ALCOHOLIC BEVERAGES;
  (II)  FOOD  INTENDED  FOR  HUMAN  CONSUMPTION THAT IS NOT PACKAGED FOR
RETAIL SALE AND THAT EITHER:  (A)  IS  A  PROCESSED  FOOD  PREPARED  AND
INTENDED  FOR IMMEDIATE CONSUMPTION, OR (B) IS SERVED, SOLD OR OTHERWISE
PROVIDED IN ANY RESTAURANT OR OTHER  FOOD  FACILITY  THAT  IS  PRIMARILY
ENGAGED IN THE SALE OF FOOD PREPARED AND INTENDED FOR IMMEDIATE CONSUMP-
TION;
  (III) FARM PRODUCTS THAT ARE SOLD BY A FARMER OR THE FARMER'S AGENT TO
A  CONSUMER  AT  A PICK-YOUR-OWN FARM, ROADSIDE STAND, ON-FARM MARKET OR
FARMERS' MARKET; AND
  (IV) FOOD CONSISTING ENTIRELY OF, OR DERIVED ENTIRELY FROM, AN  ANIMAL
THAT  WAS  NOT GENETICALLY ENGINEERED, REGARDLESS OF WHETHER SUCH ANIMAL
WAS FED OR INJECTED WITH ANY GENETICALLY-ENGINEERED  FOOD  OR  ANY  DRUG
THAT WAS PRODUCED THROUGH MEANS OF GENETIC ENGINEERING.
  (C) ANY PERSON SELLING, OFFERING FOR SALE, MANUFACTURING OR DISTRIBUT-
ING IN THIS STATE ANY FOOD, SEED OR SEED STOCK REQUIRED TO BE LABELED AS
PROVIDED  IN  PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE RESPONSIBLE FOR
ENSURING THAT SUCH FOOD, SEED OR SEED STOCK IS SO LABELED.
  (D) THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS  SUBDIVISION  SHALL  BE
ENFORCED, WITHIN AVAILABLE APPROPRIATIONS, BY THE DEPARTMENT OF AGRICUL-
TURE AND MARKETS.
  (E) ANY PERSON FOUND TO KNOWINGLY VIOLATE PARAGRAPH (A) OF THIS SUBDI-
VISION  SHALL  BE  LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND
DOLLARS PER DAY, PER PRODUCT. CALCULATION OF SUCH  CIVIL  PENALTY  SHALL
NOT  BE  MADE  OR MULTIPLIED BY THE NUMBER OF INDIVIDUAL PACKAGES OF THE
SAME PRODUCT DISPLAYED OR  OFFERED  FOR  RETAIL  SALE.  CIVIL  PENALTIES
ASSESSED  UNDER  THIS  PARAGRAPH  SHALL  ACCRUE AND BE ASSESSED PER EACH
UNIQUELY NAMED, DESIGNATED OR MARKETED PRODUCT.
  (F) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION, A RETAILER SHALL NOT BE PENALIZED OR OTHERWISE HELD LIABLE FOR THE
FAILURE  TO  LABEL  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION UNLESS
(I) THE RETAILER IS THE PRODUCER OR THE MANUFACTURER OF  THE  GENETICAL-
LY-ENGINEERED  FOOD,  SEED OR SEED STOCK AND SELLS THE GENETICALLY-ENGI-
NEERED FOOD UNDER A BRAND IT OWNS, OR (II)  THE  RETAILER'S  FAILURE  TO
LABEL WAS KNOWING AND WILFUL.
  (G)  IN ANY ACTION IN WHICH IT IS ALLEGED THAT A RETAILER HAS VIOLATED
THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVISION,  IT  SHALL  BE  A
DEFENSE  THAT  SUCH  RETAILER  REASONABLY  RELIED  ON (I) ANY DISCLOSURE
CONCERNING GENETICALLY-ENGINEERED FOODS CONTAINED IN THE BILL OF SALE OR
INVOICE PROVIDED BY THE WHOLESALER OR DISTRIBUTOR PURSUANT TO  PARAGRAPH
(A) OF THIS SUBDIVISION, OR (II) THE LACK OF ANY SUCH DISCLOSURE.
  3.  RULES  AND  REGULATIONS.  (A)  THE  DEPARTMENT  OF AGRICULTURE AND
MARKETS SHALL ENFORCE THE IDENTIFICATION OF GENETICALLY MODIFIED  ORGAN-

A. 4205                             4

ISMS  (GMOS)  IN  CONSUMABLE  COMMODITIES AND SHALL PROMULGATE RULES AND
REGULATIONS IN FURTHERANCE OF THE PROVISIONS SET FORTH IN THIS  SECTION;
AND
  (B)  THE  DEPARTMENT  OF AGRICULTURE AND MARKETS SHALL ADOPT ANY RULES
AND REGULATIONS NECESSARY FOR A SPECIAL TASK  FORCE  TO  BE  IMPLEMENTED
WITH  THE  CHARGE  OF  INVESTIGATING  THE FULL EFFECTS, BOTH HARMFUL AND
BENEFICIAL, OF USING GENETICALLY MODIFIED ORGANISMS (GMOS) IN CONSUMABLE
COMMODITIES.
  S 2. This act shall take effect immediately.

J416

Memorializing Governor Andrew M. Cuomo to proclaim February 11, 2015, as United Way 2-1-1 Northeast Region Day

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Sponsor

actions

  • 30 / Jan / 2015
    • REFERRED TO FINANCE

Resolution Details

Versions:
J416
Law Section:
Resolutions, Legislative

text

J416


LEGISLATIVE RESOLUTION memorializing Governor Andrew M. Cuomo to
proclaim February 11, 2015, as United Way 2-1-1 Northeast Region Day

WHEREAS, It is the custom of this Legislative Body to commend and pay
tribute to those vital programs throughout the State of New York whose
purposeful endeavors serve to enhance the quality of life in the commu-
nities; and
WHEREAS, Attendant to such concern, and in full accord with its long-
standing traditions, it is the sense of this Legislative Body to memori-
alize Governor Andrew M. Cuomo to proclaim February 11, 2015, as United
Way 2-1-1 Northeast Region Day; and
WHEREAS, United Way 2-1-1 Northeast Region is a free, confidential
information and referral telephone number helping people gain access to
essential services; and
WHEREAS, United Way 2-1-1 Northeast Region has been providing direct,
personal and professional assistance for health, human and crisis
services since 2009; and
WHEREAS, United Way 2-1-1 Northeast Region operates out of a 2-1-1
call center staffed by trained call specialists, seven days a week from
9 a.m. to 7 p.m. and is supported by funding from United Way of the
Greater Capital Region, as well as private and public funding; and
WHEREAS, United Way 2-1-1 Northeast Region is committed to offering
all community residents information on issues concerning food, housing,
child care, employment, health care, financial education services, free
tax preparation, senior care, substance abuse, mental health, crisis
counseling, legal matters and volunteer opportunities; and
WHEREAS, United Way 2-1-1 Northeast Region is a vital resource also
functioning to assist businesses, support human resource departments,
hospital social workers and individuals new to the community who are
seeking information about what the region has to offer; and
WHEREAS, With a total of 12,528 calls for the year 2014, the number of
United Way 2-1-1 calls received from the 12 counties that make up the
Northeast Region include: Albany-5,327; Columbia-149; Fulton-102;
Greene-173; Hamilton-17; Montgomery-145; Rensselaer-859; Saratoga-928;
Schenectady-2,777; Schoharie-57; Warren-214; and Washington-203; and
WHEREAS, United Way 2-1-1 Northeast Region maintains a database of
more than 5,000 agencies and programs in the 12 counties; and
WHEREAS, The top reasons for the United Way 2-1-1 calls, excluding
referrals to other 2-1-1 systems, include: Volunteer Income Tax Assist-
ance (VITA), Food Pantries, Utility Assistance, Undesignated Temporary
Financial Assistance, Rent Payment Assistance, Homeless
Shelter/Emergency Shelter, General Legal Aid, Holiday Gifts/Toys, Hous-
ing Search Assistance, and Case/Care Management; and
WHEREAS, It is the practice of this Legislative Body that those who
enhance the well-being and vitality of their community and have shown a
long and sustained commitment to excellence certainly have earned the
recognition and applause of all the citizens of this great Empire State;
now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
memorialize Governor Andrew M. Cuomo to proclaim February 11, 2015, as
United Way 2-1-1 Northeast Region Day; and be it further
RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to The Honorable Andrew M. Cuomo, Governor of the State of New
York.

senate Bill S2112

Requires the inclusion of a fiscal note with the adoption of resolutions or rules and regulations governing educational institutions, which have a fiscal impact

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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

Requires the inclusion of a fiscal note with the adoption of a resolution or change in the rules and regulations governing educational institutions which have a fiscal impact.

Bill Details

See Assembly Version of this Bill:
A3042
Versions:
S2112
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§355, 6206 & 207, Ed L

Sponsor Memo

BILL NUMBER:S2112

TITLE OF BILL:

An act to amend the education law, in relation to the inclusion of
fiscal notes with certain resolutions or rules and regulations adopted
by educational institutions

PURPOSE:

The purpose of the bill is to ensure that the SUNY Board of Trustees,
the CUNY Board of Trustees and the Board of Regents are aware of a
fiscal impact to the state when resolutions are adopted, or rules and
regulations are altered or amended.

SUMMARY OF PROVISIONS:

The first section amends section 355 of the education law to add a new
subparagraph requiring the SUNY Board of Trustees to have a fiscal
note prior to the adoption of any resolution or any alteration or
amendment to the rules and regulations that may require an increase in
the alteration or amendment to the rules and regulations that may
require an increase in the expenditures of state moneys in the fiscal
year of such adoption or of any future fiscal years. The fiscal note
would also be required to be attached to or part of said resolution.

The second and third sections would require the CUNY Board of Trustees
and the Board of Regents to secure fiscal notes in similar
circumstances.

JUSTIFICATION:

Under current law, a fiscal note is not required prior to the adoption
of a resolution, alteration, or amendment to the rules and regulations
by the SUNY Board of Trustees, the CUNY Board of Trustees or the Board
of Regents. There are many instances when these boards have adopted
resolutions that require significant increases in state funding in
order to implement proposed changes. These changes can cost millions,
if not hundreds of millions of dollars to put into effect; however
there is no acknowledgment regarding those costs when boards vote on
these proposals. More importantly, the public should be made fully
aware of the potential costs associated with the policy or regulation
changes being proposed. In addition, if presented with a realistic
assessment of such costs, these boards may be more willing to require
staff to pursue alternative proposals that may address the particular
issue but limit the overall cost to the state. In essence, this bill
will force these boards to recognize the true costs associated with
their proposals and be responsible for their advancement.

LEGISLATIVE HISTORY:

2013-14: S.4416/A.6427
2011-12: S.1076/A.6610
2009-10: S.2922
2007-08: S.1244
2005-06: S.557/A.3197
2003-04: S.294/A.2398


2001-02: S.4287

FISCAL IMPLICATIONS:

None to the state.

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
________________________________________________________________________

    S. 2112                                                  A. 3042

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Higher Educa-
  tion

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Higher Education

AN ACT to amend the education law,  in  relation  to  the  inclusion  of
  fiscal notes with certain resolutions or rules and regulations adopted
  by educational institutions

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

  Section 1. The opening paragraph of paragraph b of  subdivision  2  of
section  355 of the education law is designated subparagraph 1 and a new
subparagraph 2 is added to read as follows:
  (2) PRIOR TO THE ADOPTION OF A RESOLUTION OR ANY ALTERATION OR  AMEND-
MENT  TO  THE  RULES  AND  REGULATIONS  FOR  THE GOVERNANCE OF THE STATE
UNIVERSITY AND THE INSTITUTIONS THEREIN THAT MAY REQUIRE AN INCREASE  IN
THE  EXPENDITURES OF STATE MONEYS IN THE FISCAL YEAR OF SUCH ADOPTION OR
ANY FUTURE FISCAL YEAR, A FISCAL NOTE  SHALL  BE  REQUIRED  WHICH  SHALL
STATE  THE  AMOUNT  IN DOLLARS THAT SHALL BE REQUIRED FOR THE UNIVERSITY
SYSTEM TO FULFILL THE PROVISION OF  SUCH  RESOLUTION  OR  ALTERATION  OR
AMENDMENT  TO  SUCH  RULES  AND  REGULATIONS.  SUCH FISCAL NOTE SHALL BE
ATTACHED TO AND/OR BE PART OF ANY RESOLUTION BY THE  BOARD  OF  TRUSTEES
AMENDING OR ALTERING THE RULES AND REGULATIONS OF THE UNIVERSITY SYSTEM.
FOR  THE PURPOSES OF THE PROVISIONS OF THIS SUBPARAGRAPH THE FISCAL NOTE
SHALL BE APPROVED BY THE CHANCELLOR AND SECURED FROM THE DIVISION OF THE
BUDGET.
  S 2. Section 6206 of the education law is  amended  by  adding  a  new
subdivision 18 to read as follows:
  18.  PRIOR TO THE ADOPTION OF A RESOLUTION OR ANY ALTERATION OR AMEND-
MENT TO THE RULES AND REGULATIONS OR BY-LAWS OF THE CITY  UNIVERSITY  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07184-01-5

S. 2112                             2                            A. 3042

NEW  YORK  BY THE TRUSTEES FOR THE GOVERNANCE OF THE CITY UNIVERSITY AND
THE INSTITUTIONS THEREIN THAT MAY REQUIRE AN INCREASE IN THE EXPENDITURE
OF STATE MONEYS IN THE FISCAL YEAR OF SUCH ADOPTION OR ANY FUTURE FISCAL
YEAR,  A  FISCAL  NOTE SHALL BE REQUIRED WHICH SHALL STATE THE AMOUNT IN
DOLLARS THAT SHALL BE REQUIRED FOR THE UNIVERSITY SYSTEM TO FULFILL  THE
PROVISIONS  OF  SUCH RESOLUTION OR ALTERATION OR AMENDMENT TO SUCH RULES
AND REGULATIONS OR BY-LAWS.   SUCH FISCAL  NOTE  SHALL  BE  ATTACHED  TO
AND/OR  BE  PART  OF ANY RESOLUTION BY THE BOARD OF TRUSTEES AMENDING OR
ALTERING THE RULES AND REGULATIONS OF THE  UNIVERSITY  SYSTEM.  FOR  THE
PURPOSES  OF THE PROVISIONS OF THIS SUBDIVISION THE FISCAL NOTE SHALL BE
APPROVED BY THE CHANCELLOR AND SECURED FROM THE DIVISION OF THE BUDGET.
  S 3. Section 207 of the education law is amended to read as follows:
  S 207. Legislative power.  Subject and in conformity to the  constitu-
tion and laws of the state, the regents shall exercise legislative func-
tions  concerning  the  educational  system  of the state, determine its
educational policies, and, except, as to the judicial functions  of  the
commissioner  [of  education],  establish rules for carrying into effect
the laws and policies of the state, relating to education, and the func-
tions, powers, duties and trusts conferred or charged upon the universi-
ty and the education department.  But no enactment of the regents  shall
modify  in  any degree the freedom of the governing body of any seminary
for the training of priests or clergymen to determine and  regulate  the
entire  course  of religious, doctrinal or theological instruction to be
given in such institution.  No rule by which more than a  majority  vote
shall  be  required  for  any  specified  action by the regents shall be
amended, suspended or repealed by a smaller vote than that required  for
action thereunder.  Rules or regulations, or amendments or repeals ther-
eof,  adopted  or  prescribed  by  the  commissioner  [of  education] as
provided by law shall not be effective unless and until approved by  the
regents,  except  where  authority  is conferred by the regents upon the
commissioner [of education] to adopt, prescribe, amend  or  repeal  such
rules  or  regulations.    PRIOR  TO THE ADOPTION OF A RESOLUTION OR ANY
ALTERATION OR AMENDMENT TO THE RULES AND REGULATIONS PRESCRIBED  BY  THE
REGENTS THAT MAY REQUIRE AN INCREASE IN THE EXPENDITURE OF STATE MONEYS,
IN  THE FISCAL YEAR OF SUCH ADOPTION OR ANY FUTURE FISCAL YEAR, A FISCAL
NOTE SHALL BE REQUIRED WHICH SHALL STATE  THE  AMOUNT  IN  DOLLARS  THAT
SHALL BE REQUIRED TO FULFILL THE PROVISIONS OF SUCH RESOLUTION OR ALTER-
ATION OR AMENDMENT TO SUCH RULES AND REGULATIONS. SUCH FISCAL NOTE SHALL
BE  ATTACHED TO AND/OR BE PART OF ANY RESOLUTION BY THE REGENTS AMENDING
OR  ALTERING  THE  RULES  AND  REGULATIONS.  FOR  THE  PURPOSES  OF  THE
PROVISIONS  OF  THIS  SECTION, SUCH FISCAL NOTE SHALL BE APPROVED BY THE
COMMISSIONER AND SECURED FROM THE DIVISION OF THE BUDGET.
  S 4. This act shall take effect immediately.

senate Bill S1489

Changes the juvenile delinquent status age from sixteen to seventeen years of age

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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

Changes the juvenile delinquent status age, found in the Family Court Act, from sixteen to seventeen years of age.

Bill Details

See Assembly Version of this Bill:
A4412
Versions:
S1489
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §301.2, Fam Ct Act

Sponsor Memo

BILL NUMBER:S1489

TITLE OF BILL: An act to amend the family court act, in relation to
changing the juvenile delinquent status age from sixteen to seventeen

PURPOSE OR GENERAL IDEA OF BILL:

This bill would change the age or juveniles subject to juvenile
courts.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends section 301.2 of the family court act,
so that the term "juvenile delinquent" would apply to a person over
seven and less than eighteen years of age. Current law provides that
the term applies 19 those under sixteen years of age.

JUSTIFICATION:

By federal standards all person 17 and under are considered juveniles.
Each state however has the authority to decide who by age may be tried
in juvenile courts. Only North Carolina, Connecticut and New York
limit that jurisdiction to persons 15 and younger. Georgia, Illinois,
Louisiana, Massachusetts, Michigan, Missouri, New Hampshire, South
Carolina, Texas and Wisconsin juvenile courts have jurisdiction over
persons 16 years and younger. All other states set the juvenile status
at 17, which is the federal norm. This bill would conform. New York
law to the federal norm, and the age utilized in most other states,

PRIOR LEGISLATIVE HISTORY:

2011-2012: A.3613- Referred to Children and Families
2009-2010: A.5496- Referred to Children and Families
2007-2008: A.3778- Reported referred to codes 2005-2006: A.10368
Referred to Children and Families

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Thirty days after it becomes a law.

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

                                  1489

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the family court act, in relation to changing the  juve-
  nile delinquent status age from sixteen to seventeen

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

  Section 1. Subdivision 1 of section 301.2 of the family court act,  as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  "Juvenile  delinquent"  means  a  person  over seven and less than
[sixteen] SEVENTEEN years of age, who,  having  committed  an  act  that
would constitute a crime if committed by an adult, (a) is not criminally
responsible for such conduct by reason of infancy, or (b) is the defend-
ant  in  an  action  ordered removed from a criminal court to the family
court pursuant to article seven  hundred  twenty-five  of  the  criminal
procedure law.
  S  2.  This act shall take effect on the thirtieth day next succeeding
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.
                                                           LBD06548-01-5

senate Bill S2617

Relates to recipients of public assistance who lack appropriate child care

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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 recipients of public assistance who lack appropriate child care.

Bill Details

See Assembly Version of this Bill:
A4410
Versions:
S2617
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §§131, 332 & 336-d, Soc Serv L

Sponsor Memo

BILL NUMBER:S2617

TITLE OF BILL: An act to amend the social services law, in relation
to recipients of public assistance who lack appropriate child care

PURPOSE OR GENERAL IDEA OF BILL:

Requires that no applicant for or recipient of an eligible child shall
be subject to ineligibility provisions if the lack of child care that
is appropriate prevents the individual from abiding by the
requirements.

SUMMARY OF SPECIFIC PROVISIONS:

The social services law is amended by adding a new subdivision 5 of
section 131, as added by section II of part B of chapter 436 of the
laws of 1997, that provides that no applicant or recipient who is a
parent or caretaker relative of an eligible child shall be subject to
the ineligibility provisions of social service law if the lack of
child care that is appropriate, suitable, and within a reasonable
distance, and reflects parental preferences prevents the individual
from complying with existing requirements.

Section 2 paragraph (e) of subdivision 1 of section 332 as amended by
section 148 of part B of chapter 436 is amended and a new paragraph
(f) is added to read as follows: the parent or caretaker of an
eligible child, shall not be deemed ineligible for public assistance
during the period of time of which such participation in work
activities is prevented by the lack of appropriate child care that is
appropriate, suitable, and within a reasonable distance, reflective of
the child care preferences included in the parent's assessment.

Section 3, subdivision 1 of section 336-d of the social services law,
as added by section 148 of part B of chapter 436 of the laws of 1997,
provides that no applicant or recipient who is a parent or caretaker
relative of an eligible child shall be subject, to the ineligibility
provisions of social service law if the lack of child care that is
appropriate, suitable, and within a reasonable distance, and reflects
parental preferences prevents the individual from complying with
existing requirements.

JUSTIFICATION:

The federal Temporary Assistance for Needy Families (TANF) program
provides assistance to low-income families with children to achieve
self-sufficiency. At the end of 2011, the total number of recipients
receiving TANF in New York was 278,632. Under the federal welfare law,
states are required to ensure that a set percentage of recipients
participate in work activities.

This legislation clarifies state policies related to the rights of
public assistance recipients transitioning to self sufficiency through
work and, by doing so, it will reduce the number of families living
ip: poverty by helping them secure employment and ensuring that local
social services districts make the appropriate resources available to
the parents and the caretakers of children who are on public
assistance.


This legislation conforms with existing federal regulations that
include a provision stating that a "refusal to work when an acceptable
form of child case is available is not protected from sanctioning."

PRIOR LEGISLATIVE HISTORY:

2013-14: S.5427/A.9482 - Referred to Social Services
2011-12: A.9700 - Referred to Social Services

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the 120th day after enactment.

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

                                  2617

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the social services law, in relation  to  recipients  of
  public assistance who lack appropriate child care

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

  Section 1. Subdivision 5 of section 131 of the social services law, as
added by section 11 of part B of chapter 436 of the  laws  of  1997,  is
amended to read as follows:
  5.  No public assistance shall be given to an applicant for or recipi-
ent of public assistance who has failed to comply with the  requirements
of  this chapter, or has refused to accept employment in which he or she
is able to engage.  EXCEPT THAT NO APPLICANT OR  RECIPIENT  WHO  IS  THE
PARENT  OR  CARETAKER  RELATIVE OF AN ELIGIBLE CHILD SHALL BE SUBJECT TO
THE INELIGIBILITY PROVISIONS OF THIS CHAPTER IF THE LACK OF  CHILD  CARE
THAT  IS  APPROPRIATE,  SUITABLE,  AND WITHIN A REASONABLE DISTANCE, AND
REFLECTS PARENTAL PREFERENCES PREVENTS  THE  INDIVIDUAL  FROM  COMPLYING
WITH THE REQUIREMENTS THEREIN.
  S  2.  Paragraph  (e)  of  subdivision  1 of section 332 of the social
services law, as amended by section 148 of part B of chapter 436 of  the
laws  of  1997,  is  amended and a new paragraph (f) is added to read as
follows:
  (e) a woman who is  pregnant,  beginning  thirty  days  prior  to  the
medically verified date of delivery of her child[.];
  (F)  THE  PARENT  OR  CARETAKER RELATIVE OF AN ELIGIBLE CHILD, FOR THE
PERIOD OF TIME DURING WHICH SUCH PARTICIPATION IS PREVENTED BY THE  LACK
OF  CHILD  CARE  THAT  IS  APPROPRIATE, SUITABLE AND WITHIN A REASONABLE
DISTANCE, AND THAT IS REFLECTIVE OF THE CHILD CARE PREFERENCES  INCLUDED
IN THE PARENT'S ASSESSMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06680-01-5

S. 2617                             2

  S  3.  Subdivision  1  of section 336-d of the social services law, as
added by section 148 of part B of chapter 436 of the laws  of  1997,  is
amended to read as follows:
  1.  Each  applicant  for or recipient of public assistance shall, upon
request of the social services official, demonstrate that he or  she  is
engaged  in  an active and continuing effort to achieve self-sufficiency
as defined by the department.   Such effort shall  include  but  not  be
limited  to  an  active  and  continuing  search  for employment, or for
persons otherwise exempt in accordance with section three hundred  thir-
ty-two  of  this  title,  and  where  deemed  appropriate  by the social
services official, activities that foster  preparation  for  employment.
Each  such  applicant  or  recipient  shall  have an affirmative duty to
accept any offer of lawful employment in which he or she may engage. The
failure of a social services district to assign applicants  and  recipi-
ents to activities pursuant to this title shall not relieve such persons
from  the  requirements    of  this  section. An individual who fails to
comply with the requirements of the section  shall  be  subject  to  the
provisions  set forth in subdivision five of section one hundred thirty-
one of this chapter and [of section] SECTIONS  three  hundred  forty-one
and  three  hundred forty-two of this title. EXCEPT THAT NO APPLICANT OR
RECIPIENT WHO IS THE PARENT OR CARETAKER RELATIVE OF AN  ELIGIBLE  CHILD
SHALL  BE SUBJECT TO THE INELIGIBILITY PROVISIONS OF THIS SECTION IF THE
LACK OF CHILD CARE THAT IS APPROPRIATE, SUITABLE, AND WITHIN  A  REASON-
ABLE  DISTANCE  PREVENTS  THE  INDIVIDUAL  FROM  COMPLYING WITH THE WORK
REQUIREMENTS OF THIS SECTION.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.

assembly Bill A4204

Relates to providing state aid to newly eligible municipalities in which a video lottery gaming facility is located

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 state aid to newly eligible municipalities in which a video lottery gaming facility is located.

Bill Details

Versions:
A4204
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Amd §54-l, St Fin L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4204

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

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

AN ACT to amend the state finance law, in relation to state aid to newly
  eligible municipalities in which a video lottery  gaming  facility  is
  located

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

  Section 1. Section 54-l of the state finance law, as added by  section
1  of  part J of chapter 57 of the laws of 2011, paragraph b of subdivi-
sion 2 as amended by section 1 of part X of chapter 55 of  the  laws  of
2014, is amended to read as follows:
  S  54-l.  State  assistance  to  eligible  cities and eligible munici-
palities in which a video lottery gaming facility is located.  1.  Defi-
nitions.  When used in this section, unless otherwise expressly stated:
  a.  "Eligible  city"  shall  mean a city with a population equal to or
greater than one hundred twenty-five thousand and less than one  million
in  which a video lottery gaming facility is located and operating as of
January first, two thousand nine pursuant  to  section  sixteen  hundred
seventeen-a of the tax law.
  b.  "Eligible municipality" shall mean a county, city, town or village
in which a video lottery gaming facility is located pursuant to  section
sixteen hundred seventeen-a of the tax law that is not located in a city
with a population equal to or greater than one hundred twenty-five thou-
sand.
  C.  "NEWLY  ELIGIBLE  MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN OR
VILLAGE IN WHICH A VIDEO LOTTERY GAMING FACILITY IS LOCATED PURSUANT  TO
SECTION  SIXTEEN  HUNDRED SEVENTEEN-A OF THE TAX LAW THAT IS NOT LOCATED
IN A CITY WITH A POPULATION EQUAL TO OR GREATER THAN ONE  HUNDRED  TWEN-
TY-FIVE  THOUSAND  AND  WHICH WAS NOT OPERATING AS OF JANUARY FIRST, TWO
THOUSAND FIFTEEN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04205-01-5

A. 4204                             2

  D. "ESTIMATED NET MACHINE INCOME" FOR A  NEWLY  ELIGIBLE  MUNICIPALITY
SHALL  MEAN  THE  ESTIMATED  FULL  ANNUAL VALUE OF TOTAL REVENUE WAGERED
AFTER PAYOUT FOR PRIZES FOR GAMES  KNOWN  AS  VIDEO  LOTTERY  GAMING  AS
AUTHORIZED  UNDER  ARTICLE  THIRTY-FOUR  OF  THE  TAX LAW FOR THE PERIOD
COMMENCING  ON  APRIL  FIRST  NEXT SUCCEEDING THE DATE ON WHICH MACHINES
LOCATED WITHIN SUCH MUNICIPALITY FIRST GENERATE INCOME AND ENDING ON THE
FOLLOWING MARCH THIRTY-FIRST.
  2. a. Within the amount appropriated therefor, an eligible city  shall
receive  an  amount equal to the state aid payment received in the state
fiscal year commencing April first, two thousand eight from an appropri-
ation for aid to municipalities with video lottery gaming facilities.
  b. Within the amounts appropriated therefor,  eligible  municipalities
shall  receive  an  amount  equal  to  seventy  percent of the state aid
payment received in the state fiscal year commencing  April  first,  two
thousand  eight  from  an  appropriation  for aid to municipalities with
video lottery gaming facilities.
  C. A NEWLY ELIGIBLE MUNICIPALITY SHALL RECEIVE  A  STATE  AID  PAYMENT
EQUAL  TO  THREE  AND  ONE-HALF  PERCENT  OF  THE "ESTIMATED NET MACHINE
INCOME" GENERATED BY A VIDEO LOTTERY GAMING FACILITY LOCATED WITHIN SUCH
NEWLY ELIGIBLE MUNICIPALITY AS FOLLOWS: (I) TWENTY-FIVE PERCENT SHALL BE
APPORTIONED AND PAID TO THE COUNTY; AND (II) SEVENTY-FIVE PERCENT  SHALL
BE  APPORTIONED  AND  PAID ON PRO RATA BASIS TO ELIGIBLE MUNICIPALITIES,
OTHER THAN THE COUNTY, BASED UPON THE POPULATION OF SUCH ELIGIBLE  MUNI-
CIPALITIES.  SUCH STATE AID PAYMENT SHALL NOT EXCEED TWENTY-FIVE PERCENT
OF AN ELIGIBLE MUNICIPALITY'S TOTAL  EXPENDITURES  AS  REPORTED  IN  THE
STATISTICAL REPORT OF THE COMPTROLLER IN THE PRECEDING STATE FISCAL YEAR
PURSUANT TO SECTION THIRTY-SEVEN OF THE GENERAL MUNICIPAL LAW.
  3.  a.  State  aid payments made to an eligible city pursuant to para-
graph a of subdivision two of this section shall  be  used  to  increase
support for public schools in such city.
  b.  State  aid  payments  made to [an] eligible [municipality] MUNICI-
PALITIES AND NEWLY ELIGIBLE MUNICIPALITIES pursuant to [paragraph] PARA-
GRAPHS b AND C of subdivision two of this section shall be used by  such
eligible municipality to: (i) defray local costs associated with a video
lottery gaming facility, or (ii) minimize or reduce real property taxes.
  4.  Payments of state aid pursuant to this section shall be made on or
before June thirtieth of each state fiscal  year  to  the  chief  fiscal
officer of each eligible city [and], each eligible municipality AND EACH
NEWLY  ELIGIBLE  MUNICIPALITY,  on  audit and warrant of the state comp-
troller out of moneys appropriated by the legislature for  such  purpose
to  the  credit  of the local assistance fund in the general fund of the
state treasury.
  S 2. This act shall take effect immediately.

assembly Bill A4203

Provides that the statute of limitations on class B violent felonies is eliminated

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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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Summary

Eliminates the statute of limitations on class B violent felonies.

Bill Details

Versions:
A4203
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4203

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  eliminating
  the statute of limitations for class B violent felonies

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

  Section 1. Paragraph (a) of subdivision 2  of  section  30.10  of  the
criminal  procedure  law, as amended by chapter 467 of the laws of 2008,
is amended to read as follows:
  (a) A prosecution for a class A felony[, or rape in the  first  degree
as  defined  in  section  130.35 of the penal law, or a crime defined or
formerly defined in section 130.50 of the penal law, or aggravated sexu-
al abuse in the first degree as defined in section 130.70 of  the  penal
law,  or course of sexual conduct against a child in the first degree as
defined in section 130.75 of the penal law] OR A CLASS B VIOLENT  FELONY
may be commenced at any time;
  S  2.  Paragraph (f) of subdivision 3 of section 30.10 of the criminal
procedure law, as separately amended by chapters 3 and 320 of  the  laws
of 2006, is amended to read as follows:
  (f)  For  purposes  of  a  prosecution  involving  a sexual offense as
defined in article one hundred thirty of the penal law,  other  than  [a
sexual]  AN  offense  delineated  in paragraph (a) of subdivision two of
this section, committed against a child less than eighteen years of age,
incest in the [first,] second or third degree  as  defined  in  sections
[255.27,]  255.26  and 255.25 of the penal law committed against a child
less than eighteen years of age, or use of a child in a sexual  perform-
ance  as defined in section 263.05 of the penal law, the period of limi-
tation shall not begin to run until the child has  reached  the  age  of
eighteen  or  the  offense  is  reported  to a law enforcement agency or
statewide central register of child abuse  and  maltreatment,  whichever
occurs earlier.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00553-01-5

A. 4203                             2

  S  3.  This  act  shall  take  effect  immediately  and shall apply to
offenses committed on and after such date as well as to offenses commit-
ted prior thereto, provided that this act shall not  apply  to  offenses
committed prior to such date on which the prosecution thereof was barred
under  the  provisions of section 30.10 of the criminal procedure law in
effect immediately prior to such date.

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