assembly Bill A3581

Relates to the audit powers and duties of the New York city comptroller

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Bill Status


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

actions

Summary

Relates to the audit powers and duties of the New York city comptroller.

Bill Details

Versions:
A3581
Current Committee:
Law Section:
New York City Charter
Laws Affected:
Amd §93, NYC Chart
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3581

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of A. BRENNAN, DINOWITZ, ROSENTHAL, CLARK, COLTON --
  Multi-Sponsored by -- M.  of  A.  LAVINE,  MARKEY  --  read  once  and
  referred to the Committee on Cities

AN  ACT  to  amend  the  New York city charter, in relation to the audit
  powers and duties of the New York city comptroller

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

  Section  1.  Subdivision c of section 93 of the New York city charter,
as added by a vote of the people of the city of New York at the  general
election held in November of 1989, is amended to read as follows:
  c.  1.  The  comptroller  shall  have  power to audit all agencies, as
defined in subdivision two of section  eleven  hundred  fifty,  and  all
agencies, the majority of whose members are appointed by city officials.
The  comptroller  shall  be  entitled to obtain access to agency records
required by law to be kept confidential, other than  records  which  are
protected by the privileges for attorney-client communications, attorney
work  products,  or  material  prepared for litigation, upon a represen-
tation by the comptroller that necessary and appropriate steps  will  be
taken  to  protect  the confidentiality of such records. The comptroller
shall establish a regular auditing cycle to ensure that one or  more  of
the  programs  or activities of each city agency, or one or more aspects
of each agency's operations, is audited at least once every four  years.
The  audits  conducted  by  the  comptroller shall comply with generally
accepted government auditing standards. In accordance with  such  stand-
ards,  and  before  any draft or final audit or audit report, or portion
thereof, may be made public, the comptroller shall send a  copy  of  the
draft  audit  or  audit  report  to  the  head of the audited agency and
provide the agency, in writing,  with  a  reasonable  deadline  for  its
review  and  response.  The comptroller shall include copies of any such
agency response in any draft or final audit or audit report, or  portion
thereof,  which is made public. The comptroller shall send copies of all

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01801-01-5

A. 3581                             2

final audits and audit reports to the council, the mayor, and the  audit
committee.  IF  THE  FINAL  REPORT  MAKES RECOMMENDATIONS FOR CORRECTIVE
ACTION, THE HEAD OF THE ENTITY AUDITED SHALL REPORT WITHIN  NINETY  DAYS
AFTER  RECEIPT THEREOF TO THE COUNCIL, THE MAYOR AND THE AUDIT COMMITTEE
WHAT STEPS WERE TAKEN TO  IMPLEMENT  SUCH  RECOMMENDATIONS,  AND,  WHERE
RECOMMENDATIONS  WERE  NOT  IMPLEMENTED,  THE REASON THEREFOR, INCLUDING
WHETHER ALTERNATE ACTIONS HAVE BEEN  TAKEN  THAT  ESSENTIALLY  MEET  THE
AUDITOR'S  INTENT  OR CIRCUMSTANCES HAVE CHANGED AND THE RECOMMENDATIONS
ARE NO LONGER VALID. SUCH REPORTS BY THE AGENCY AUDITED  SHALL  CONTINUE
TO  BE  MADE  AS  PROVIDED  IN  THIS SECTION EVERY NINETY DAYS UNTIL ALL
RECOMMENDATIONS TO WHICH THE AUDITED AGENCY  CONCURS  ARE  FULLY  IMPLE-
MENTED  OR  UNTIL CIRCUMSTANCES HAVE CHANGED AND THE RECOMMENDATIONS ARE
NO LONGER APPLICABLE.
  2. THE COMPTROLLER MAY CONDUCT FOLLOW-UP REVIEWS TO EXAMINE THE IMPLE-
MENTATION STATUS OF RECOMMENDATIONS OF PREVIOUSLY  CONDUCTED  AUDITS  OF
ANY  AGENCY.  WHEN  CONDUCTING A FOLLOW-UP REVIEW, THE COMPTROLLER SHALL
DETERMINE WHETHER SUCH RECOMMENDATIONS WERE FULLY IMPLEMENTED, PARTIALLY
IMPLEMENTED, NOT IMPLEMENTED AT ALL OR WERE NO  LONGER  APPLICABLE.  THE
COMPTROLLER  SHALL  THEREAFTER SUBMIT THE FOLLOW-UP REVIEW TO THE AGENCY
AUDITED. IF THE FOLLOW-UP REVIEW INCLUDES UNIMPLEMENTED  RECOMMENDATIONS
FOR  CORRECTIVE ACTION AND THE AGENCY CONCURS WITH SUCH RECOMMENDATIONS,
THE HEAD OF THE AUDITED AGENCY SHALL, WITHIN NINETY DAYS AFTER RECEIVING
THE FOLLOW-UP REVIEW, REPORT TO THE COMPTROLLER, THE COUNCIL, THE  MAYOR
AND THE AUDIT COMMITTEE WHAT STEPS WERE TAKEN TO IMPLEMENT THE RECOMMEN-
DATIONS  AND  WHERE THE RECOMMENDATIONS WERE NOT IMPLEMENTED, THE REASON
THEREFOR, INCLUDING WHETHER  ALTERNATE  ACTIONS  HAVE  BEEN  TAKEN  THAT
ESSENTIALLY  MEET THE AUDITORS' INTENT OR CIRCUMSTANCES HAVE CHANGED AND
THE RECOMMENDATIONS ARE NO LONGER VALID.  SUCH  REPORTS  BY  THE  AGENCY
AUDITED  SHALL  CONTINUE  TO  BE  MADE AS PROVIDED IN THIS SECTION EVERY
NINETY DAYS UNTIL ALL RECOMMENDATIONS ARE  FULLY  IMPLEMENTED  OR  UNTIL
CIRCUMSTANCES  HAVE CHANGED AND THE RECOMMENDATIONS ARE NO LONGER APPLI-
CABLE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

assembly Bill A3614

Expands coverage of sex offender registration act

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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

Expands coverage of sex offender registration act.

Bill Details

Versions:
A3614
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §168-a, Cor L; amd §330.20, CP L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3614

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  TENNEY, RAIA, FINCH, CROUCH -- read once and
  referred to the Committee on Correction

AN ACT to amend the correction law and the criminal  procedure  law,  in
  relation to sex offenders

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

  Section 1. Subdivision 1 of section 168-a of the  correction  law,  as
added by chapter 192 of the laws of 1995, is amended to read as follows:
  1.  "Sex  offender" includes (A) any person who is convicted of any of
the offenses set forth in subdivision two or three of this  section;  OR
(B)  ANY  PERSON  AGAINST WHOM A VERDICT OF NOT RESPONSIBLE BY REASON OF
MENTAL DISEASE OR DEFECT IS ENTERED OR FROM WHOM A PLEA OF NOT RESPONSI-
BLE BY REASON OF MENTAL DISEASE OR DEFECT IS ACCEPTED WHERE THE  OFFENSE
OR  OFFENSES  CHARGED IN THE INDICTMENT OR ACCUSATORY INSTRUMENT INCLUDE
ANY OF THE OFFENSES SET FORTH  IN  SUBDIVISION  TWO  OR  THREE  OF  THIS
SECTION.    Convictions  that result from or are connected with the same
act, or result from offenses committed at the same time, shall be count-
ed for the purpose of this article as one conviction. Any conviction set
aside pursuant to law is not a conviction for purposes of this article.
  S 2. Subdivision 6 of section 330.20 of the criminal procedure law, as
added by chapter 548 of the laws of 1980, is amended to read as follows:
  6. Initial hearing; commitment order. After  the  examination  reports
are  submitted,  the  court must, within ten days of the receipt of such
reports, conduct an initial hearing to determine the defendant's present
mental condition. If the defendant is in the custody of the commissioner
pursuant to an examination order, the court must direct the  sheriff  to
obtain custody of the defendant from the commissioner and to confine the
defendant  pending further order of the court, except that the court may
direct the sheriff to confine the defendant in  an  institution  located
near  the place where the court sits if that institution has been desig-
nated by the commissioner as  suitable  for  the  temporary  and  secure

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07568-01-5

A. 3614                             2

detention  of  mentally  disabled  persons. At such initial hearing, the
district attorney must establish to the satisfaction of the  court  that
the defendant has a dangerous mental disorder or is mentally ill. If the
court  finds that the defendant has a dangerous mental disorder, it must
issue a commitment order, PROVIDED HOWEVER THAT  WHERE  THE  OFFENSE  OR
OFFENSES  CHARGED IN THE INDICTMENT OR ACCUSATORY INSTRUMENT AGAINST THE
DEFENDANT INCLUDE ANY OF THE OFFENSES SET FORTH IN  SUBDIVISION  TWO  OR
THREE  OF  SECTION  ONE  HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW THE
ORDER SHALL REQUIRE THE DEFENDANT TO COMPLY WITH THE PROVISIONS OF ARTI-
CLE SIX-C OF THE CORRECTION LAW UPON DISCHARGE OR  CONDITIONAL  RELEASE.
If  the  court finds that the defendant does not have a dangerous mental
disorder but is mentally ill, the provisions  of  subdivision  seven  of
this section shall apply.
  S 3. Subdivision 7 of section 330.20 of the criminal procedure law, as
added by chapter 548 of the laws of 1980, is amended to read as follows:
  7.  Initial  hearing  civil commitment and order of conditions. If, at
the conclusion of the initial hearing conducted pursuant to  subdivision
six  of this section, the court finds that the defendant is mentally ill
but does not have a dangerous mental disorder, the provisions  of  arti-
cles nine or fifteen of the mental hygiene law shall apply at that stage
of  the proceedings and at all subsequent proceedings. Having found that
the defendant is mentally ill, the court must issue an order  of  condi-
tions  and  an  order  committing  the  defendant  to the custody of the
commissioner. The latter order shall be deemed an order made pursuant to
the mental hygiene law and not pursuant to  this  section,  and  further
retention,  conditional  release or discharge of such defendant shall be
in accordance with the provisions of the mental  hygiene  law,  PROVIDED
HOWEVER  THAT WHERE THE OFFENSE OR OFFENSES CHARGED IN THE INDICTMENT OR
ACCUSATORY INSTRUMENT AGAINST THE DEFENDANT INCLUDE ANY OF THE  OFFENSES
SET   FORTH   IN  SUBDIVISION  TWO  OR  THREE  OF  SECTION  ONE  HUNDRED
SIXTY-EIGHT-A OF THE CORRECTION LAW THE ORDER SHALL REQUIRE THE  DEFEND-
ANT TO COMPLY WITH THE PROVISIONS OF ARTICLE SIX-C OF THE CORRECTION LAW
UPON  DISCHARGE  OR  CONDITIONAL RELEASE.   If, at the conclusion of the
initial hearing, the court finds that the  defendant  does  not  have  a
dangerous  mental  disorder  and  is  not  mentally  ill, the court must
discharge the defendant either unconditionally or subject to an order of
conditions, PROVIDED HOWEVER THAT WHERE THE OFFENSE OR OFFENSES  CHARGED
IN THE INDICTMENT OR ACCUSATORY INSTRUMENT AGAINST THE DEFENDANT INCLUDE
ANY OF THE OFFENSES SET FORTH IN SUBDIVISION TWO OR THREE OF SECTION ONE
HUNDRED  SIXTY-EIGHT-A OF THE CORRECTION LAW THE ORDER SHALL REQUIRE THE
DEFENDANT TO  COMPLY  WITH  THE  PROVISIONS  OF  ARTICLE  SIX-C  OF  THE
CORRECTION LAW UPON UNCONDITIONAL DISCHARGE OR CONDITIONAL RELEASE.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

assembly Bill A3623

Relates to retaining peace officer status for facilities parole officers

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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 retaining peace officer status for facilities parole officers.

Bill Details

Versions:
A3623
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §2.10, CP L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3623

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A. TENNEY, MONTESANO, RAIA, KATZ, DUPREY, FINCH,
  CROUCH -- Multi-Sponsored by -- M.  of  A.  MAGEE  --  read  once  and
  referred to the Committee on Codes

AN  ACT  to  amend  the criminal procedure law, in relation to retaining
  peace officer status for parole officers

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

  Section  1.  Subdivision  23 of section 2.10 of the criminal procedure
law, as amended by section 70 of subpart B of part C of  chapter  62  of
the laws of 2011, is amended to read as follows:
  23.   Parole  officers  or  warrant  officers  in  the  department  of
corrections and community supervision AND OFFENDER REHABILITATION  COOR-
DINATORS  WHOSE  JOB FUNCTIONS INCLUDE THE FOLLOWING: ASSIGNED TO ONE OR
MORE OF THE STATE'S CORRECTIONAL  FACILITIES;  PROVIDE  GUIDANCE  TO  AN
ASSIGNED  CASELOAD OF INMATES AND ASSESS NEEDS, PREPARE EVALUATIONS, AND
PREPARE ELIGIBLE INMATES FOR RELEASE INTO THE COMMUNITY; MAKE  RECOMMEN-
DATIONS TO THE BOARD OF PAROLE REGARDING INMATE'S READINESS FOR RELEASE;
PERFORM  BOTH  SOCIAL WORK AND LAW ENFORCEMENT FUNCTIONS; TRAINED IN USE
OF FIREARMS, HANDLE AND DISCHARGE FIREARMS.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07266-01-5

assembly Bill A3613

Amends the distances allowable between harness horse racetracks

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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 the distance between harness horse racetracks and other technical provisions relating thereto.

Bill Details

Versions:
A3613
Current Committee:
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §307, RWB L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3613

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of A. TENNEY, FINCH -- read once and referred to the
  Committee on Racing and Wagering

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
  relation  to  the  distance between harness horse racetracks and other
  technical provisions relating thereto

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

  Section  1.  Subdivision  4  of section 307 of the racing, pari-mutuel
wagering and breeding law is amended to read as follows:
  4. In considering an application for a license under this section  the
state  racing and wagering board may give consideration to the number of
licenses already granted and to the location of  the  tracks  previously
licensed.  No  such  license shall be granted to any track which has not
conducted pari-mutuel harness racing during at least ten calendar  years
and  which  is  located within ten miles of a state, county or town fair
conducting harness racing for the three  consecutive  years  immediately
preceding  April  second,  nineteen  hundred  fifty-three, which license
shall be operative during the racing dates  of  such  fair,  unless  the
association,  corporation or society conducting such fair shall affirma-
tively waive objection to the issuance of such license for dates  within
such period. No such license shall be granted to any track located with-
in  the  corporate  limits of a city of the first class. No such license
shall be granted to any harness horse racetrack OR HARNESS  HORSE  RACE-
TRACKS  WITH  VIDEO LOTTERY TERMINALS located within [twenty-five] SIXTY
miles of any track already licensed for the same dates and hours  except
with the consent of the licensee located within such [twenty-five] SIXTY
mile area.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07477-01-5

assembly Bill A3621

Relates to the allocation of funds under the supportive housing development program

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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 the allocation of funds under the supportive housing development program.

Bill Details

See Senate Version of this Bill:
S625
Versions:
A3621
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2823, Pub Health L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3621

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the public health law, in relation to the allocation  of
  funds under the supportive housing development program

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

  Section 1. Subdivision 8 of section 2823 of the public health  law  is
renumbered  subdivision  9  and  a new subdivision 8 is added to read as
follows:
  8. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO LESS  THAN
TEN  MILLION  DOLLARS OF GRANTS UNDER THIS SECTION SHALL BE ALLOCATED TO
PROJECTS IN COUNTIES WITH CITIES THAT HAVE POPULATIONS OF LESS THAN  ONE
MILLION PEOPLE.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01979-01-5

assembly Bill A3612

Directs the superintendent of financial services to study the feasibility of developing and implementing a liability reform plan for recreational land use

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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 the superintendent of financial services, to study the feasibility of developing and implementing a liability reform plan to protect private landowners who permit public recreational uses of their land.

Bill Details

Versions:
A3612
Current Committee:
Law Section:
Insurance
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3612

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M. of A. TENNEY, KOLB, FINCH -- Multi-Sponsored by -- M.
  of A. LOPEZ -- read once and referred to the Committee on Insurance

AN ACT to direct the superintendent of financial services to  study  the
  feasibility of developing and implementing a liability reform plan for
  private  landowners who provide public access to their lands for vari-
  ous recreational activities; and providing  for  the  repeal  of  such
  provisions upon expiration thereof

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

  Section 1. Legislative intent. Private  land  owners  are  potentially
exposed  to  extensive  civil liabilities for providing public access to
their lands for recreational opportunities. Therefore, it is increasing-
ly difficult  to  negotiate  recreational  opportunities  that  traverse
private  land.  However, if private landowners were insulated from civil
liabilities when opening up parts of their property  for  public  recre-
ational activities, such activities would increase.
  S  2.  The superintendent of financial services shall study the feasi-
bility of developing  and  implementing  a  liability  reform  plan  for
private  land  owners  who provide the public with access to their lands
for various recreational activities including, but not limited to, hunt-
ing, fishing, hiking,  skiing,  snow  shoeing,  snowmobiling,  horseback
riding,  mountain  biking and operating all terrain vehicles. Such study
shall include any relevant information which shall further the intent of
this act.
  S 3. A report of the findings of such study,  recommendations  of  the
superintendent of financial services and any proposed legislation neces-
sary  to  implement  such findings shall be filed with the governor, the
temporary president of the senate, the  speaker  of  the  assembly,  the
minority  leader  of  the senate and the minority leader of the assembly
within one year after the effective date of this act.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed one year after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07495-01-5

assembly Bill A3620

Limits the state tax on motor and Diesel fuels to the national average; repealer

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

Limits the state tax on motor and diesel fuels to the national average.

Bill Details

Versions:
A3620
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §§284, 282-a, 289-e & 289-c, rpld §§282-b, 282-c, 284-a & 284-c, Tax L; amd §376, Pub Auth L; amd §10-c, Hway L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3620

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

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

AN ACT to amend the tax law, the public authorities law and the  highway
  law,  in  relation  to limiting the tax on motor fuels to the national
  average; and to repeal sections 282-b, 282-c, 284-a and 284-c  of  the
  tax law relating to additional and supplemental fuel taxes

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

  Section 1. Subdivision 1 of section 284 of the tax law, as amended  by
chapter  276  of the laws of 1986, is amended and a new subdivision 3 is
added to read as follows:
  1. There is hereby levied and imposed an excise tax [of four cents per
gallon] AS DETERMINED ANNUALLY BY A MAJORITY OF THE LEGISLATURE NO LATER
THAN APRIL FIRST, NOT TO EXCEED THE NATIONAL AVERAGE OF TAXES  ON  MOTOR
FUEL  BY  STATES  AND  THE DISTRICT OF COLUMBIA, INCLUDING ANY TAXES AND
FEES IMPOSED BY LOCAL GOVERNMENTS, AS COMPILED ANNUALLY BY  THE  DEPART-
MENT,  upon  motor  fuel (a) imported into or caused to be imported into
the state by a distributor for use, distribution, storage or sale in the
state or upon motor fuel which is  produced,  refined,  manufactured  or
compounded  by  a distributor in the state (which acts shall hereinafter
in this subdivision be encompassed by the phrase "imported  or  manufac-
tured") or (b) if the tax has not been imposed prior to its sale in this
state,  which  is  sold by a distributor (which act, in conjunction with
the acts described in paragraph (a) of this subdivision,  shall  herein-
after  in  this article be encompassed by the phrase "imported, manufac-
tured or sold"),  except  when  imported,  manufactured  or  sold  under
circumstances which preclude the collection of such tax by reason of the
United  States  constitution  and  of  laws of the United States enacted
pursuant thereto or when imported or  manufactured  by  an  organization
described  in  paragraph one or two of subdivision (a) of section eleven
hundred sixteen of this chapter or a hospital included in the  organiza-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00771-01-5

A. 3620                             2

tions described in paragraph four of such subdivision for its own use or
consumption and except kero-jet fuel when imported or manufactured by an
airline for use in its airplanes. Provided, further, no motor fuel shall
be  included  in  the measure of the tax unless it shall have previously
come to rest within the meaning of federal decisional  law  interpreting
the  United  States  constitution.  All  tax  for the period for which a
return is required to be filed shall be due on the date limited for  the
filing  of the return for such period, regardless of whether a return is
filed by such distributor as required by this  article  or  whether  the
return which is filed correctly shows the amount of tax due.
  3. THE METHODOLOGY BY WHICH THE DEPARTMENT COMPUTES THE NATIONAL AVER-
AGE  OF  SALES TAXES IMPOSED ON MOTOR FUEL BY STATES AND THE DISTRICT OF
COLUMBIA FOR THE PURPOSES OF LIMITING THE ANNUAL EXCISE TAX  IMPOSED  BY
SUBDIVISION  ONE  OF  THIS  SECTION  SHALL  BE SUBJECT TO THE REVIEW AND
APPROVAL OF A MAJORITY OF THE LEGISLATURE EVERY FOUR YEARS NO LATER THAN
APRIL FIRST.
  S 2. Subdivision 1 of section 282-a of the  tax  law,  as  amended  by
section  2 of part W of chapter 59 of the laws of 2013, is amended and a
new subdivision 1-a is added to read as follows:
  1. There is hereby levied and imposed with  respect  to  Diesel  motor
fuel  an excise tax [of four cents per gallon] AS DETERMINED ANNUALLY BY
A MAJORITY OF THE LEGISLATURE NO LATER THAN APRIL FIRST, NOT  TO  EXCEED
THE  NATIONAL AVERAGE OF TAXES ON DIESEL FUEL BY STATES AND THE DISTRICT
OF COLUMBIA INCLUDING ANY TAXES AND FEES IMPOSED BY LOCAL GOVERNMENTS AS
COMPILED ANNUALLY BY THE DEPARTMENT, upon the  sale  or  use  of  Diesel
motor fuel in this state.
  The  excise  tax  is  imposed on the first sale or use of Diesel motor
fuel to occur which is not exempt from tax under this article. Provided,
however, if the tax has not been imposed  prior  thereto,  it  shall  be
imposed  on  the  removal  of highway Diesel motor fuel from a terminal,
other than by pipeline, barge, tanker or other vessel, or  the  delivery
of Diesel motor fuel to a filling station or into the fuel tank connect-
ing  with the engine of a motor vehicle for use in the operation thereof
whichever event shall be first to occur. The tax shall be computed based
upon the number of gallons of Diesel motor fuel sold, removed or used or
the number of gallons of Diesel fuel delivered into the fuel tank  of  a
motor  vehicle,  as  the  case  may be. Nothing in this article shall be
construed to require the payment of such excise tax more than once  upon
the same Diesel motor fuel. Nor shall the collection of such tax be made
applicable  to  the sale or use of Diesel motor fuel under circumstances
which preclude the collection of such tax by reason of the United States
constitution and of laws of the United States enacted pursuant  thereto.
Provided, further, no Diesel motor fuel shall be included in the measure
of the tax unless it shall have previously come to rest within the mean-
ing  of  federal decisional law interpreting the United States constitu-
tion. All tax for the period for which a return is required to be  filed
shall  be  due on the date limited for the filing of the return for such
period, regardless of whether a return is  filed  as  required  by  this
article  or whether the return which is filed correctly shows the amount
of tax due.
  1-A. THE METHODOLOGY BY WHICH THE  DEPARTMENT  COMPUTES  THE  NATIONAL
AVERAGE OF SALES TAXES IMPOSED ON DIESEL FUEL BY STATES AND THE DISTRICT
OF  COLUMBIA  FOR THE PURPOSES OF LIMITING THE ANNUAL EXCISE TAX IMPOSED
BY SUBDIVISION ONE OF THIS SECTION SHALL BE SUBJECT TO  THE  REVIEW  AND
APPROVAL OF A MAJORITY OF THE LEGISLATURE EVERY FOUR YEARS NO LATER THAN
APRIL FIRST.

A. 3620                             3

  S  3.  Sections  282-b,  282-c,  284-a  and  284-c  of the tax law are
REPEALED.
  S  4.  Subdivision  1  of  section 289-e of the tax law, as amended by
section 15 of part K of chapter 61 of the laws of 2011,  is  amended  to
read as follows:
  1.  All  taxes,  interest, penalties and fees collected or received by
the commissioner under the taxes imposed  by  this  article,  except  as
provided  otherwise  in  subdivision  two  and subdivision three of this
section  [and   sections   two   hundred   eighty-two-b,   two   hundred
eighty-two-c,  two hundred eighty-four-a and two hundred eighty-four-c,]
other than the fee imposed by  section  two  hundred  eighty-four-d  and
penalties  and  interest on such fee, shall be deposited and disposed of
pursuant to the provisions of section one hundred seventy-one-a of  this
chapter;  provided that an amount equal to thirty-seven and one-half per
centum of the moneys collected under section two hundred eighty-four  of
this  [chapter]  ARTICLE shall be appropriated and used for the acquisi-
tion of property necessary for the construction  and  reconstruction  of
highways  and  bridges  or culverts on the state highway system, and for
the construction, maintenance and repair of such highways and bridges or
culverts, all under the direction of the commissioner of transportation.
  S 5. Paragraphs (b), (d) and (e) of subdivision 3 of section 289-c  of
the  tax  law,  paragraph  (b)  as amended by chapter 411 of the laws of
1971, paragraph (d) as amended by chapter 836 of the laws  of  1974  and
paragraph  (e)  as added by chapter 756 of the laws of 1974, are amended
to read as follows:
  (b) Any omnibus carrier which shall buy any motor fuel  on  which  the
[aggregate]  tax imposed by section two hundred eighty-four [and section
two hundred eighty-four-a] of this  [chapter]  ARTICLE,  or  any  diesel
motor  fuel  on which the [aggregate] tax imposed by section two hundred
eighty-two-a [and section two hundred eighty-two-b]  of  this  [chapter]
ARTICLE,  shall have been paid, shall be reimbursed, in the case of such
motor fuel, the amount paid pursuant  to  such  [sections]  SECTION  two
hundred  eighty-four  [and  two hundred eighty-four-a] in excess of four
cents per gallon, and in the case of diesel motor fuel, the amount  paid
pursuant  to  such  [sections] SECTION two hundred eighty-two-a [and two
hundred eighty-two-b] in excess of six cents per gallon,  provided  such
motor fuel or diesel motor fuel has been consumed by such carrier in the
operation  of an omnibus in this state. Any taxicab licensee, as defined
by subdivision ten of section two hundred eighty-two of  this  [chapter]
ARTICLE,  who or which shall buy any motor fuel on which the [aggregate]
tax imposed by section two hundred eighty-four [and section two  hundred
eighty-four-a]  of  this  [chapter]  ARTICLE or any diesel motor fuel on
which the [aggregate] tax imposed by section  two  hundred  eighty-two-a
[and  section two hundred eighty-two-b] of this [chapter] ARTICLE, shall
have been paid, shall be reimbursed, in the case of such motor fuel, the
amount paid pursuant to such [sections] SECTION two hundred  eighty-four
[and  two hundred eighty-four-a] in excess of four cents per gallon, and
in the case of diesel motor fuel,  the  amount  paid  pursuant  to  such
[sections]   SECTION   two   hundred   eighty-two-a   [and  two  hundred
eighty-two-b] in excess of six cents per  gallon,  provided  such  motor
fuel  or diesel fuel has been consumed by such licensee in the operation
of a taxicab in this state.
  (d) Any omnibus carrier which  shall  buy  motor  fuel  on  which  the
[aggregate] tax imposed by section two hundred eighty-four[, section two
hundred  eighty-four-a  and  section  two hundred eighty-four-c] of this
[chapter] ARTICLE or any diesel motor fuel on which the [aggregate]  tax

A. 3620                             4

imposed by section two hundred eighty-two-a[, section two hundred eight-
y-two-b  and section two hundred eighty-two-c] of this [chapter] ARTICLE
shall have been paid, shall be reimbursed the amount paid provided  such
motor fuel or diesel motor fuel has been consumed by such carrier in the
operation  of an omnibus in local transit service in this state pursuant
to a certificate of convenience and necessity issued by the commissioner
of transportation of this state or by the interstate commerce commission
of the United States or pursuant to a  contract,  franchise  or  consent
between  such  carrier  and  a city having a population of more than one
million inhabitants, or any agency of such city.
  (e) Any nonpublic school operator which shall buy motor fuel on  which
the [aggregate] tax imposed by section two hundred eighty-four[, section
two hundred eighty-four-a and section two hundred eighty-four-c] of this
[chapter]  ARTICLE or any diesel motor fuel on which the [aggregate] tax
imposed by section two hundred eighty-two-a[, section two hundred eight-
y-two-b and section two hundred eighty-two-c] of this [chapter]  ARTICLE
shall  have been paid, shall be reimbursed the amount paid provided such
motor fuel or diesel motor fuel has  been  consumed  by  such  nonpublic
school operator exclusively in educational related activities.
  S  6.  Paragraph  (b)  of  subdivision  5 of section 376 of the public
authorities law, as amended by chapter  55  of  the  laws  of  1992,  is
amended to read as follows:
  (b)  To  assure  the continued operation and solvency of the authority
for the carrying out of the purposes relating to this section, provision
is made in this section for the accumulation in the debt service reserve
fund of an amount equal to the maximum amount of principal and  interest
maturing  and  becoming due in any succeeding calendar year on all bonds
of the authority then outstanding and  secured  by  such  reserve  fund;
provided  however  for  such  bonds  issued by the authority after April
first, nineteen hundred ninety-two, such debt service reserve  fund  may
in  the  discretion  of  the authority and consistent with any covenants
with any existing bondholders and without impairing the  rights  of  any
existing  bondholders  be sized in an amount equal to not less than one-
half of the maximum amount of principal and interest maturing and becom-
ing due in any succeeding calendar year on such bonds of  the  authority
then outstanding and secured by such debt service reserve fund. In order
to  further  assure  the  maintenance of such debt service reserve fund,
with respect to bonds of the authority issued pursuant  to  subdivisions
two-a,  two-b  and  two-c  of  this  section after April first, nineteen
hundred ninety, the authority shall create a special subaccount in  each
revenue  fund  established  pursuant  to  any  resolution or resolutions
authorizing such bonds. [Such subaccounts shall consist  of  the  moneys
available  after  April  first,  nineteen  hundred  ninety,  pursuant to
sections two hundred eighty-two-b, two hundred eighty-two-c, two hundred
eighty-four-a and two hundred eighty-four-c of the tax law,  respective-
ly,  in  the  emergency  highway  reconditioning  and  preservation fund
reserve account established pursuant to paragraph (b) of subdivision two
of section eighty-nine of the state finance law  and  in  the  emergency
highway construction and reconstruction fund reserve account established
pursuant to paragraph (b) of subdivision two of section eighty-nine-a of
the state finance law, apportioned and paid to the authority for deposit
in such subaccount of the revenue fund.] Amounts in each such subaccount
shall be kept separate and shall not be commingled with any other moneys
in  the custody of the authority.  Amounts in each such subaccount shall
be applied solely to pay such sum, if any, as shall  semi-annually,  (on
such dates as are established under the terms of any cooperative highway

A. 3620                             5

contractual  agreement  of the department of transportation with the New
York state thruway authority entered into on or after April first, nine-
teen hundred ninety which is then in effect), be certified by the chair-
man of the authority to the governor and state director of the budget as
necessary  to  provide funds in an amount sufficient together with other
moneys available to the authority for such purpose, to pay  one-half  of
the total annual principal and interest maturing and becoming due during
the next succeeding twelve calendar months on all bonds of the authority
issued  pursuant  to subdivisions two-a, two-b and two-c of this section
after April first, nineteen hundred ninety and  maintaining  or  funding
debt  service reserve funds therefor. [Any surplus of funds in excess of
such certified amounts remaining in  each  such  subaccount  after  such
payments,  if  any,  have been made shall on the dates established under
the terms of such cooperative  highway  agreements,  be  paid  over  for
deposit, respectively, in the emergency highway reconditioning and pres-
ervation  fund  reserve account established pursuant to paragraph (b) of
subdivision two of section eighty-nine of the state finance law  and  in
the  emergency  highway  construction  and  reconstruction  fund reserve
account established pursuant to paragraph  (b)  of  subdivision  two  of
section eighty-nine-a of the state finance law.]
  S  7.  Subdivision 5 of section 10-c of the highway law, as amended by
chapter 20 of the laws of 1983, is amended to read as follows:
  5. For amounts to be distributed pursuant to this  section  above  the
funding  level,  as defined in this subdivision, received by any munici-
pality, such municipality shall use at  least  seventy-five  percent  of
such apportioned moneys for the construction, reconstruction or improve-
ment  of  local  highways,  bridges  and/or  highway-railroad crossings,
including  right  of  way  acquisition,  preliminary  engineering,   and
construction  supervision  and inspection, where the service life of the
project is at least ten years. Such moneys made available may be used to
match other state and federal funds made  available  for  such  projects
under  federal-aid highway acts. The remainder of the apportionment, may
be used for any highway purposes, except debt service, including but not
limited to, the acquisition of materials and equipment devoted to opera-
tion and maintenance of local highways, bridges and/or  highway-railroad
crossings  and  the payment of any costs directly attributable to opera-
tion and maintenance of local highways, bridges and/or  highway-railroad
crossings. At the discretion of the commissioner, the requirement speci-
fied  in  this  subdivision  may  be  waived  for assistance payments in
amounts of less than five thousand dollars. For purposes of this section
"funding level" shall mean the  average  amounts,  calculated  for  each
municipality,  received  over two years ending March thirty-first, nine-
teen hundred eighty-two from the provisions of the town highway improve-
ment program, the distribution made by former section one hundred twelve
of this chapter, as repealed by section twenty-one of the transportation
systems assistance and financing act of 1981 of amounts  collected  from
taxes  on  motor  fuel imposed by [sections] SECTION two hundred eighty-
four [and two hundred eighty-four-a] of the tax law and on Diesel  motor
fuel  imposed  by  [sections]  SECTION two hundred eighty-two-a [and two
hundred eighty-two-b] of the  tax  law,  and  from  motor  vehicle  fees
collected  from residents pursuant to the vehicle and traffic law, [and]
the distribution made by former section two hundred seventy-nine of this
chapter, as repealed by section twenty-one of the transportation systems
assistance and financing act of 1981,  AND  THE  DISTRIBUTIONS  MADE  BY
FORMER SECTIONS TWO HUNDRED EIGHTY-TWO-B AND TWO HUNDRED EIGHT-FOUR-A OF

A. 3620                             6

THE  TAX  LAW,  AS  REPEALED  BY  A  CHAPTER OF THE LAWS OF TWO THOUSAND
FIFTEEN WHICH AMENDED THIS SUBDIVISION.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law.

assembly Bill A3611

Relates to payments in lieu of taxes

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 payments in lieu of taxes; improves how payments in lieu of taxes are collected.

Bill Details

See Senate Version of this Bill:
S1151
Versions:
A3611
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §3-c, Gen Muni L; amd §2023-a, Ed L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3611

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. MORELLE, SCHIMMINGER, BARRETT -- Multi-Sponsored
  by -- M. of A.  BUTLER, McDONALD, MONTESANO, PALMESANO,  SKARTADOS  --
  read once and referred to the Committee on Local Governments

AN  ACT  to  amend  the  general municipal law and the education law, in
  relation to payments in lieu of taxes

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

  Section  1.  Subparagraph  (i)  of  paragraph  (b) of subdivision 3 of
section 3-c of the general municipal law, as added by section 1 of  part
A of chapter 97 of the laws of 2011, is amended to read as follows:
  (i) The commissioner of taxation and finance shall calculate a quanti-
ty  change  factor  for each local government for the coming fiscal year
based upon the physical or quantity change, as defined by section twelve
hundred twenty of the real property tax law, reported to the commission-
er of taxation and finance by the  assessor  or  assessors  pursuant  to
section  five  hundred  seventy-five  of  the real property tax law. The
quantity change factor shall show the percentage by which the full value
of the taxable real property in the local government has changed due  to
physical  or quantity change between the second final assessment roll or
rolls preceding the final assessment roll or rolls upon which taxes  are
to be levied, and the final assessment roll or rolls immediately preced-
ing the final assessment roll or rolls upon which taxes are to be levied
AND INCLUDE THE CHANGE IN ASSESSED VALUE FOR EACH PROPERTY ON THE EXEMPT
SIDE OF THE TAX ROLLS UNDER A PAYMENT IN LIEU OF TAX AGREEMENT.
  S 2. Paragraph b of subdivision 2-a of section 2023-a of the education
law,  as added by section 2 of part A of chapter 97 of the laws of 2011,
is amended to read as follows:
  b. The commissioner of taxation and finance shall calculate a quantity
change factor for the coming school year for each school district  based
upon  the  physical  or  quantity  change,  as defined by section twelve
hundred twenty of the real property tax law, reported to the commission-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04426-01-5

A. 3611                             2

er of taxation and finance by the  assessor  or  assessors  pursuant  to
section  five  hundred  seventy-five  of  the real property tax law. The
quantity change factor shall show the percentage by which the full value
of  the  taxable real property in the school district has changed due to
physical or quantity change between the second final assessment roll  or
rolls  preceding the final assessment roll or rolls upon which taxes are
to be levied, and the final assessment roll or rolls immediately preced-
ing the final assessment roll or rolls upon which taxes are to be levied
AND INCLUDE THE CHANGE IN ASSESSED VALUE FOR EACH PROPERTY ON THE EXEMPT
SIDE OF THE TAX ROLLS UNDER A PAYMENT IN LIEU OF TAX AGREEMENT.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that  the  amendments  to
section  3-c  of  the  general  municipal  law and section 2023-a of the
education law made by sections one and two of  this  act,  respectively,
shall  not  affect  the  repeal  of  such  sections  and shall be deemed
repealed  therewith.  Effective  immediately,  the  addition,  amendment
and/or  repeal of any rules or regulations necessary for the implementa-
tion of this act on its effective date is authorized to be  made  on  or
before such effective date.

assembly Bill A3610

Relates to the New York state science, technology, engineering and mathematics incentive program

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 New York state science, technology, engineering and mathematics incentive program.

Bill Details

See Senate Version of this Bill:
S523
Versions:
A3610
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §669-e, Ed L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3610

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of A. MORELLE, SCHIMMINGER, MOSLEY, BRINDISI -- read
  once and referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to  the  New  York  state
  science, technology, engineering and mathematics incentive program

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

  Section 1. Subdivision 1 of section 669-e of  the  education  law,  as
added  by  section  1  of  part  G of chapter 56 of the laws of 2014, is
amended to read as follows:
  1. Undergraduate students who are matriculated in an  approved  under-
graduate program leading to a career in science, technology, engineering
or  mathematics at a New York state [public institution of higher educa-
tion] COLLEGE AS DEFINED IN SECTION SIX  HUNDRED  ONE  OF  THIS  CHAPTER
shall  be  eligible for an award under this section, provided the appli-
cant: (a) graduates from a high school located in New York state  during
or after the two thousand thirteen--fourteen school year; and (b) gradu-
ates within the top ten percent of his or her high school class; and (c)
enrolls  in  full-time  study each term beginning in the fall term after
his or her high school graduation in an approved  undergraduate  program
in  science,  technology,  engineering or mathematics, as defined by the
corporation, at a New York state [public institution  of  higher  educa-
tion] COLLEGE AS DEFINED IN SECTION SIX HUNDRED ONE OF THIS CHAPTER; and
(d) signs a contract with the corporation agreeing that his or her award
will  be  converted  to a student loan in the event the student fails to
comply with the terms of this program as set forth in  subdivision  four
of this section; and (e) complies with the applicable provisions of this
article  and  all  requirements  promulgated  by the corporation for the
administration of the program.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03431-01-5

assembly Bill A3609

Exempts owners of farms and the owners of multiple dwellings from the scaffold law in certain instances

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

Exempts owners of farms and the owners of multiple dwellings from complying with the scaffold law in certain instances.

Bill Details

Versions:
A3609
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §§240 & 241, Lab L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3609

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. HAWLEY, KOLB, CROUCH -- Multi-Sponsored by -- M.
  of A. BARCLAY, GIGLIO, OAKS -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation to the use of scaffolding and
  other devices for use by employees

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

  Section  1.  Subdivision 1 of section 240 of the labor law, as amended
by chapter 241 of the laws of 1981, is amended to read as follows:
  1.  All contractors and owners and  their  agents,  except  OWNERS  OF
FARMS,  owners  of  one  and two-family dwellings AND OWNERS OF MULTIPLE
DWELLINGS who contract for but do not direct or control the work, in the
erection, demolition, repairing, altering, painting, cleaning or  point-
ing  of  a  building or structure shall furnish or erect, or cause to be
furnished or erected for the performance  of  such  labor,  scaffolding,
hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons,
ropes, and other devices which shall be so constructed, placed and oper-
ated as to give proper protection to a person so employed.
  No  liability  pursuant to this subdivision for the failure to provide
protection to a person so employed  shall  be  imposed  on  professional
engineers  as  provided  for  in  article  one hundred forty-five of the
education law, architects as provided for in article one hundred  forty-
seven of such law or landscape architects as provided for in article one
hundred  forty-eight  of  such law who do not direct or control the work
for activities other than planning and design. This exception shall  not
diminish or extinguish any liability of professional engineers or archi-
tects  or landscape architects arising under the common law or any other
provision of law.
  S 2. The opening paragraph of section 241 of the labor law, as amended
by chapter 670 of the laws of 1980, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02076-01-5

A. 3609                             2

  All contractors and owners and their agents, except OWNERS  OF  FARMS,
owners  of one and two-family dwellings AND OWNERS OF MULTIPLE DWELLINGS
who contract for but do not direct or control the work, when  construct-
ing or demolishing buildings or doing any excavating in connection ther-
ewith, shall comply with the following requirements:
  S 3. This act shall take effect immediately.

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