assembly Bill A2987

Prohibits state purchase of products manufactured under conditions that fail to comply with minimum OSHA standards

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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

Prohibits state purchase of products manufactured under conditions that fail to comply with minimum OSHA standards; requires the commissioner of general services to compile a list of products manufactured under conditions that fail to comply with minimum safety standards and the manufacturers thereof.

Bill Details

Versions:
A2987
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Amd §165, St Fin L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2987

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

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

AN  ACT to amend the state finance law, in relation to products manufac-
  tured under conditions that fail to comply with minimum OSHA standards

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

  Section 1. Section 165 of the state finance law is amended by adding a
new subdivision 9 to read as follows:
  9. PRODUCTS MANUFACTURED IN COMPLIANCE WITH MINIMUM OCCUPATIONAL SAFE-
TY AND HEALTH ACT (OSHA) STANDARDS.
  A.  AS  USED  IN THIS SUBDIVISION, "MINIMUM OSHA STANDARDS" SHALL MEAN
THOSE STANDARDS ISSUED PURSUANT TO THE OCCUPATIONAL  SAFETY  AND  HEALTH
ACT OF 1970, AS AMENDED.
  B.  THE  COMMISSIONER  OF GENERAL SERVICES SHALL HAVE THE POWER AND IT
SHALL BE HIS OR HER DUTY TO PREPARE A LIST  OF  ALL  PRODUCTS  THAT  ARE
MANUFACTURED  UNDER  CONDITIONS  THAT  FAIL  TO  OBSERVE:  (I) STANDARDS
PROMULGATED UNDER OSHA; OR (II) STANDARDS THAT ARE AT LEAST AS EFFECTIVE
AS THE STANDARDS PROMULGATED UNDER OSHA, WHICH RELATE TO THE SAME ISSUES
THEREUNDER, WHERE SUCH A MANUFACTURING OPERATION OCCURS IN  A  JURISDIC-
TION NOT OTHERWISE REQUIRED TO COMPLY WITH SUCH STANDARDS, INCLUDING ANY
OPERATION  WHICH  TAKES  PLACE IN ANY OTHER COUNTRY, NATION OR PROVINCE.
THE COMMISSIONER OF GENERAL SERVICES SHALL PREPARE A COMPANION  LIST  OF
THE MANUFACTURERS OF SUCH PRODUCTS. THE COMMISSIONER OF GENERAL SERVICES
SHALL  ADD  OR  DELETE  FROM SAID LISTS ANY PRODUCT OR MANUFACTURER UPON
GOOD CAUSE SHOWN. THE COMMISSIONER OF GENERAL SERVICES SHALL CAUSE  SUCH
LISTS TO BE PUBLISHED ON THE WEBSITE OF THE OFFICE OF GENERAL SERVICES.
  C. A STATE AGENCY SHALL NOT ENTER INTO ANY CONTRACT FOR PROCUREMENT OF
A  (I)  PRODUCT  CONTAINED  ON  THE LIST PREPARED BY THE COMMISSIONER OF
GENERAL SERVICES PURSUANT TO PARAGRAPH B OF THIS  SUBDIVISION;  OR  (II)
PRODUCT MANUFACTURER BY A MANUFACTURER CONTAINED ON THE LIST PREPARED BY
THE  COMMISSIONER  OF  GENERAL  SERVICES PURSUANT TO PARAGRAPH B OF THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07454-01-5

A. 2987                             2

SUBDIVISION. THE PROVISIONS OF THIS PARAGRAPH MAY BE WAIVED BY THE  HEAD
OF  THE STATE AGENCY IF THE HEAD OF THE STATE AGENCY DETERMINES IN WRIT-
ING THAT IT IS IN THE BEST INTERESTS OF THE STATE TO DO SO. THE HEAD  OF
THE  STATE  AGENCY SHALL DELIVER EACH SUCH WAIVER TO THE COMMISSIONER OF
GENERAL SERVICES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

assembly Bill A2986

Relates to the community guardianship 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
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actions

Summary

Provides the community guardian program shall obtain annually a statement prepared by a physician, psychologist, nurse clinician, social worker, or other person, evaluating the condition and current functional level of the person for whom the community guardian program serves as guardian.

Bill Details

Versions:
A2986
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §473-d, Soc Serv L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2986

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Mental Health

AN  ACT  to  amend the social services law, in relation to the community
  guardianship program

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

  Section  1.  Paragraph  (g)  of  subdivision 3 of section 473-d of the
social services law, as added by chapter 846 of the  laws  of  1986  and
such  section  as  renumbered  by  chapter  395  of the laws of 1995, is
amended to read as follows:
  (g) the community guardian program shall  obtain  [annual  assessments
from  two  qualified psychiatrists or one qualified psychiatrist and one
qualified psychologist who are independent  of  the  community  guardian
program  of  persons  for  whom it serves as committee or conservator to
determine whether continuation of the guardianship is necessary, and the
appointing court shall be informed of the results  of  such  assessments
and  may  discharge  the  community  guardian  program as conservator or
committee pursuant to sections 77.35 and 78.27  of  the  mental  hygiene
law]  ANNUALLY  A STATEMENT PREPARED BY A PHYSICIAN, PSYCHOLOGIST, NURSE
CLINICIAN, OR SOCIAL WORKER, OR OTHER PERSON  EVALUATING  THE  CONDITION
AND FUNCTIONAL LEVEL OF A PERSON FOR WHOM THE COMMUNITY GUARDIAN PROGRAM
SERVES  AS  GUARDIAN  PURSUANT  TO  PARAGRAPH FIVE OF SUBDIVISION (B) OF
SECTION 81.31 OF THE MENTAL HYGIENE LAW;
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03833-01-5

senate Bill S1012

Amended

Establishes the New York state justice reinvestment fund and program to provide not-for-profit and faith based entities with funding to improve certain communities; appropriation

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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

Establishes the New York state justice reinvestment fund and program to provide not-for-profit and faith based entities with funding to improve communities with a higher than normal criminal offender and ex-offender population; appropriates $10,000,000 therefor.

Bill Details

See Assembly Version of this Bill:
A3277
Versions:
S1012
S1012A
Current Committee:
Law Section:
Appropriations
Laws Affected:
Add §99-w, St Fin L; add §844-c, Exec L

Sponsor Memo

BILL NUMBER: S1012

TITLE OF BILL : An act to amend the state finance law and the
executive law, in relation to establishing the New York state justice
reinvestment fund and the New York state justice reinvestment program;
and making an appropriation therefor

PURPOSE :

To establish a program and funding for not-for-profit agencies and
faith based organizations to coordinate with state and local criminal
justice agencies and community and family support programs to enhance
reentry support for prisoners returning to affected communities.

SUMMARY OF PROVISIONS :

Section 1 amends the state finance law by adding a new section 99-y to
establish a justice reinvestment fund in joint custody of the state
comptroller and the commissioner of the division of criminal justice
services. Provides for the distribution of such appropriated funds to
qualified entities.

Section 2 amends the executive law by adding a new section 844-c to
create a New York State Justice Reinvestment Program under the
Commissioner of the Division of Criminal Justice Services. It provides
that such program shall coordinate the efforts of state and local
criminal justice agencies with those of not-for-profit and faith based
organizations and family support programs to facilitate the reentry of
inmates to communities. It further defines the duties and
responsibilities of the Commissioner of the Division of Criminal
Justice Services and qualified entities.

Section 3 appropriates the sum of ten million dollars to the New York
State Justice Reinvestment Fund.

JUSTIFICATION :

Criminal justice experts increasingly recognize the critical roles
that community organizations, criminal justice agencies, families and
family support agencies play in re-entry support for returning
prisoners, alternatives to incarceration and recidivism. Escalating
funding for the correctional system and incarceration may have a
positive economic impact on those communities in which the facilities
are located but little or no impact on crime and recidivism. This
initiative is an inducement for state and local criminal justice
agencies, courts, district attorneys, criminal defense offices,
community and faith based organizations, families and family support
agencies in communities where offenders and ex-offenders are
concentrated to combine their efforts to reduce crime and recidivism.

LEGISLATIVE HISTORY :

2009-2010: S.1265- Died in Committee
2007-2008: S.2018- Died in Committee
2005-2006: S.1063- Died in Committee
2004-2005: S.6516 -Died in Committee
2011-2012: S.104- Died in Committee
2013-2014: S.1323- Died in Committee

FISCAL IMPLICATIONS :

$10 million

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
________________________________________________________________________

                                  1012

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN ACT to amend the state finance law and the executive law, in relation
  to establishing the New York state justice reinvestment fund  and  the
  New  York  state justice reinvestment program; and making an appropri-
  ation therefor

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

  Section  1.  The  state finance law is amended by adding a new section
99-w to read as follows:
  S 99-W. NEW YORK STATE JUSTICE REINVESTMENT FUND. 1. THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AN ACCOUNT  TO
BE KNOWN AS THE NEW YORK STATE JUSTICE REINVESTMENT FUND.
  2.  SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, ALL OTHER MONEYS CREDITED  OR  TRANSFERRED  TO  SUCH  FUND
PURSUANT  TO  LAW, ALL MONEYS REQUIRED BY THE PROVISIONS OF THIS SECTION
OR ANY OTHER LAW TO BE PAID INTO OR  CREDITED  TO  SUCH  FUND,  AND  ALL
MONEYS RECEIVED BY THE FUND OR DONATED TO IT.
  3.  MONEYS OF SUCH FUND SHALL BE AVAILABLE FOR APPROPRIATION AND ALLO-
CATION TO THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  FOR  PURPOSES  OF
DISTRIBUTING  SUCH  MONEYS  TO  QUALIFIED ENTITIES OF THE NEW YORK STATE
JUSTICE  REINVESTMENT  PROGRAM  PURSUANT  TO   SECTION   EIGHT   HUNDRED
FORTY-FOUR-C OF THE EXECUTIVE LAW.
  4.  MONEYS  SHALL  BE  PAID  OUT ON THE AUDIT AND WARRANT OF THE COMP-
TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF  CRIMI-
NAL JUSTICE SERVICES.
  S  2.  The  executive  law is amended by adding a new section 844-c to
read as follows:
  S 844-C. NEW YORK STATE JUSTICE REINVESTMENT PROGRAM. 1.  CREATION AND
PURPOSES. THE COMMISSIONER SHALL ESTABLISH WITHIN  THE  DIVISION  A  NEW

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01221-01-5

S. 1012                             2

YORK  STATE  JUSTICE REINVESTMENT PROGRAM. THE PURPOSE OF THE PROGRAM IS
TO HAVE STATE AND LOCAL CRIMINAL JUSTICE AGENCIES,  AND  AS  PART  OF  A
LARGER  EFFORT INCLUDING COURTS, DISTRICT ATTORNEYS AND CRIMINAL DEFENSE
OFFICES,  TO  WORK  IN PARTNERSHIP WITH NOT-FOR-PROFIT ORGANIZATIONS AND
FAITH-BASED ORGANIZATIONS IN THE COMMUNITY  ON  ISSUES  SUCH  AS  INMATE
RE-ENTRY  INTO THE COMMUNITY, INCARCERATION ALTERNATIVES, FAMILY SUPPORT
PROGRAMS FOR OFFENDERS AND EX-OFFENDERS, AS WELL AS OTHER ISSUES RELATED
TO IMPROVING THE ROLE OF THE CRIMINAL JUSTICE SYSTEM IN OUR COMMUNITIES.
  2. QUALIFIED  ENTITY.  (A)  A  QUALIFIED  ENTITY  SHALL  BE  EITHER  A
NOT-FOR-PROFIT ORGANIZATION OR FAITH-BASED ORGANIZATION PROVIDING ONE OR
MORE OF THE FOLLOWING SERVICES:
  (I)  RE-ENTRY  SUPPORT FOR INMATES RETURNING TO THE COMMUNITY, INCLUD-
ING, BUT NOT LIMITED TO JOB DEVELOPMENT AND HOUSING ASSISTANCE;
  (II) INCARCERATION ALTERNATIVES, INCLUDING, BUT NOT LIMITED TO  COMMU-
NITY  SERVICE PROGRAMS, COMMUNITY YOUTH COURT, ALTERNATIVE HIGH SCHOOLS,
SERVICE-ENRICHED SUPPORTIVE HOUSING AND COMMUNITY BASED  DRUG  TREATMENT
PROGRAMS;
  (III)    FAMILY    SUPPORT,    INCLUDING,    BUT    NOT   LIMITED   TO
FATHERHOOD/PARENTING PROGRAMS, FOR OFFENDERS AND EX-OFFENDERS; AND
  (IV) COMMUNITY BASED  COLLABORATIVE  PROGRAMS  WITH  CRIMINAL  JUSTICE
AGENCIES.
  (B)  A  QUALIFIED  ENTITY SHALL BE LOCATED IN COMMUNITIES WHICH HAVE A
HIGHER THAN NORMAL  CONCENTRATION  OF  OFFENDERS  AND  EX-OFFENDERS,  AS
DETERMINED BY THE COMMISSIONER.
  (C)  A  QUALIFIED  ENTITY'S  SERVICES SHALL HAVE A PRIMARY EMPHASIS ON
COMMUNITIES WHICH HAVE A HIGHER THAN NORMAL CONCENTRATION  OF  OFFENDERS
AND EX-OFFENDERS, AS DETERMINED BY THE COMMISSIONER.
  (D)  A  QUALIFIED  ENTITY SHALL SUBMIT A STRATEGIC PLAN TO THE COMMIS-
SIONER DETAILING HOW THE APPLICANT'S PROGRAM WILL REDUCE CRIME AND RECI-
DIVISM IN COMMUNITIES WITH A HIGHER THAN NORMAL CONCENTRATION OF  OFFEN-
DERS AND EX-OFFENDERS, AS DETERMINED BY THE COMMISSIONER.
  3.  APPLICATION.  ANY QUALIFIED ENTITY SEEKING FUNDS FROM THE DIVISION
SHALL FILE AN APPLICATION, AS DETERMINED BY THE COMMISSIONER. ALL  FUNDS
AUTHORIZED  PURSUANT TO THIS SUBDIVISION SHALL BE PAID FROM THE NEW YORK
STATE JUSTICE REINVESTMENT FUND IN ACCORDANCE WITH SECTION NINETY-NINE-W
OF THE STATE FINANCE LAW.
  4. RESPONSIBILITIES OF THE COMMISSIONER. (A)  THE  COMMISSIONER  SHALL
PROMULGATE RULES AND REGULATIONS FOR THE APPLICATION OF GRANT MONEY FROM
THE NEW YORK STATE JUSTICE REINVESTMENT FUND.
  (B)  THE  COMMISSIONER SHALL DESIGNATE QUALIFIED ENTITIES BASED ON THE
APPLICATION CRITERIA ESTABLISHED BY THIS SECTION AND ADDITIONAL CRITERIA
AS DETERMINED BY THE COMMISSIONER.
  S 3. The sum of ten million dollars ($10,000,000), or so much  thereof
as  may  be  necessary,  is  hereby  appropriated  to the New York state
justice reinvestment fund from the general fund, for  administration  of
grants  to  qualified  entities  selected  by  the  division of criminal
justice services.
  S 4. This act shall take effect immediately.

assembly Bill A3105

Prevents gas and electric companies from expanding transmission lines or electric generating facilities for lines and facilities originating outside of New York

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

Prevents gas and electric companies from expanding transmission lines or electric generating facilities for lines and facilities originating outside of New York.

Bill Details

Versions:
A3105
Current Committee:
Law Section:
Transportation Corporations Law
Laws Affected:
Amd §11, Transp Corps L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3105

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M.  of  A.  MORELLE, ZEBROWSKI, RUSSELL, RYAN, BRINDISI,
  HEVESI, CUSICK, SKOUFIS -- read once and referred to the Committee  on
  Judiciary

AN  ACT to amend the transportation corporations law, in relation to the
  powers of gas and electric corporations

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

  Section  1.    Section  11  of  the transportation corporations law is
amended by adding a new subdivision 8 to read as follows:
  8. SUBDIVISIONS THREE, THREE-A AND THREE-B OF THIS SECTION  SHALL  NOT
APPLY TO ANY ELECTRIC CORPORATION WHICH:
  (A) SEEKS, THROUGH ITSELF, OR THROUGH ONE OR MORE AFFILIATED INTERESTS
AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, TO EITHER BUILD A TRAN-
SMISSION  LINE  OR  TO EXPAND AN EXISTING TRANSMISSION LINE WHICH TRANS-
MISSION LINE ORIGINATES AT A LOCATION OUTSIDE OF THE TERRITORIAL  LIMITS
OF  THE  UNITED  STATES  OF AMERICA AND EXTENDS TO A LOCATION WITHIN THE
STATE OF NEW YORK; OR
  (B) SEEKS, THROUGH ITSELF, OR THROUGH ONE OR MORE AFFILIATED INTERESTS
AS DEFINED IN PARAGRAPH (C) OF THIS  SUBDIVISION,  TO  EITHER  BUILD  AN
ELECTRIC GENERATING FACILITY, OR TO EXPAND AN EXISTING ELECTRIC GENERAT-
ING  FACILITY  THAT  IS LOCATED OUTSIDE OF THE TERRITORIAL LIMITS OF THE
UNITED STATES OF AMERICA TOGETHER WITH BUILDING OR  OTHERWISE  UTILIZING
AN  EXISTING  ELECTRICAL  INTERCONNECTION  TO A POINT LOCATED WITHIN THE
STATE OF NEW YORK.
  (C) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  I.  "AFFILIATED  INTERESTS"  SHALL  INCLUDE BUT NOT BE LIMITED TO, ANY
PERSON WHICH DIRECTLY, INDIRECTLY, OR CONSTRUCTIVELY:
  A. CONTROLS ANOTHER PERSON;
  B. IS CONTROLLED BY ANOTHER PERSON; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04741-01-5

A. 3105                             2

  C. IS, ALONG WITH ANOTHER  PERSON,  UNDER  THE  CONTROL  OF  A  COMMON
PARENT.
  II.  "CONTROL"  MEANS  POSSESSION OF THE POWER TO DIRECT, OR CAUSE THE
DIRECTION OF, THE MANAGEMENT AND POLICIES OF ANOTHER PERSON.
  III. "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, PUBLIC BENEFIT CORPO-
RATION, POLITICAL SUBDIVISION, SOVEREIGN OR  TRIBAL  NATION,  GOVERNMENT
AGENCY,  MUNICIPALITY,  PARTNERSHIP,  CO-OPERATIVE ASSOCIATION, TRUST OR
ESTATE.
  S 2. This act shall take effect immediately.

assembly Bill A3106

Permits issuance of distinctive plates to members of the association of city court judges

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

Permits issuance of distinctive plates to members of the association of city court judges.

Bill Details

Versions:
A3106
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §404-x, V & T L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3106

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M.  of A. MORELLE, OTIS -- read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  distinctive
  plates for association of city court judges

  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 404-x to read as follows:
  S  404-X.  DISTINCTIVE PLATES FOR ASSOCIATION OF CITY COURT JUDGES. 1.
ANY CURRENT OR FORMER CITY COURT JUDGE THAT IS OR WAS A  MEMBER  OF  THE
ASSOCIATION  OF  CITY  COURT JUDGES OF THE STATE OF NEW YORK SHALL, UPON
REQUEST, BE ISSUED A LICENSE PLATE BEARING  THE  WORDS  "ASSOCIATION  OF
CITY  COURT  JUDGES".  IF  A DISTINCTIVE PLATE IS ISSUED TO A CURRENT OR
FORMER CITY COURT JUDGE PURSUANT TO THIS SECTION, ADDITIONAL DISTINCTIVE
PLATES MAY BE ISSUED FOR EVERY VEHICLE REGISTERED IN  THE  NAME  OF  THE
CURRENT  OR  FORMER CITY COURT JUDGE IN THIS STATE. APPLICATION FOR SUCH
LICENSE PLATES SHALL BE FILED WITH THE COMMISSIONER  IN  SUCH  FORM  AND
DETAIL AS THE COMMISSIONER SHALL PRESCRIBE.
  2.  THE  DISTINCTIVE  PLATE AUTHORIZED BY THIS SECTION SHALL BE ISSUED
UPON PROOF, SATISFACTORY TO THE COMMISSIONER, THAT THE  APPLICANT  IS  A
CURRENT OR FORMER CITY COURT JUDGE.
  3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
IN  THE  SAME  MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF THE REGULAR
REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS  ARTICLE
AND  AN  ADDITIONAL  ONE  TIME SERVICE CHARGE OF TWENTY DOLLARS SHALL BE
CHARGED FOR SUCH PLATE.
  4. NOTWITHSTANDING SUBDIVISION THREE OF  THIS  SECTION  AND  THE  FEES
PRESCRIBED  OR  PERMITTED  BY  SECTION FOUR HUNDRED ONE OF THIS ARTICLE,
THERE SHALL BE NO CHARGE FOR THE ISSUANCE OF A NUMBER PLATE PURSUANT  TO
THIS SECTION TO A CURRENT OR FORMER CITY COURT JUDGE, NOR SHALL THERE BE
IMPOSED AN ADDITIONAL SERVICE CHARGE FOR THE ISSUANCE OF SUCH PLATE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04432-01-5

assembly Bill A3107

Relates to domestic excess line insurance companies

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 domestic excess line insurance companies.

Bill Details

See Senate Version of this Bill:
S1759
Versions:
A3107
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Add Art 58 §§5801 - 5809, Ins L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3107

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced by M. of A. MORELLE -- Multi-Sponsored by -- M. of A. GARBAR-
  INO -- read once and referred to the Committee on Insurance

AN  ACT  to amend the insurance law, in relation to domestic excess line
  insurance companies

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

  Section  1. The insurance law is amended by adding a new article 58 to
read as follows:
                                ARTICLE 58
                DOMESTIC EXCESS LINE INSURANCE COMPANIES
SECTION 5801. PURPOSE AND APPLICABILITY OF ARTICLE.
        5802. DEFINITIONS.
        5803. ORGANIZATION AND APPROVAL.
        5804. TAXATION.
        5805. POLICY RATE AND FORMS.
        5806. APPLICABILITY OF OTHER INSURANCE LAWS.
        5807. EXEMPTIONS.
        5808. PRINCIPAL PLACE OF BUSINESS.
        5809. MANDATORY DISCLOSURE NOTICE.
  S 5801. PURPOSE AND APPLICABILITY OF  ARTICLE.  THE  PURPOSE  OF  THIS
ARTICLE  IS TO FACILITATE THE FORMATION AND OPERATION OF DOMESTIC EXCESS
LINE INSURANCE COMPANIES WITHIN THE STATE OF NEW  YORK  WHICH  SHALL  BE
SUBJECT TO REGULATION AND OVERSIGHT, WITH RESPECT TO FINANCIAL SOLVENCY,
INVESTMENTS, CORPORATE GOVERNANCE, REPORTING AND DISCLOSURE, AS PROVIDED
FOR IN THIS ARTICLE.
  S  5802.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CERTIFICATE OF ELIGIBILITY" MEANS A  WRITTEN  AUTHORIZATION  FROM
THE  SUPERINTENDENT  PERMITTING A DOMESTIC EXCESS LINE INSURANCE COMPANY
TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04735-01-5

A. 3107                             2

  (1) ENTER INSURANCE TRANSACTIONS THROUGH EXCESS LINE LICENSEES PROCUR-
ING EXCESS LINE INSURANCE;
  (2)  SELL  INSURANCE  DIRECTLY  TO  INSUREDS WHO INDEPENDENTLY PROCURE
INSURANCE WHERE PERMITTED BY LAW BUT IN NO EVENT  TO  AN  INSURED  WHOSE
HOME  STATE  IS  NEW YORK FROM ANY OFFICE OF SUCH INSURER LOCATED IN NEW
YORK STATE; AND
  (3) CONDUCT AN EXCESS LINE AND/OR SURPLUS LINE BUSINESS IN  ANY  OTHER
STATE WHICH GRANTS THE INSURER ELIGIBILITY.
  (B) "DOMESTIC EXCESS LINE INSURANCE COMPANY" MEANS:
  (1)  AN  INSURER  ORGANIZED AND INCORPORATED IN NEW YORK AS AN INSURER
WHICH IS NOT AN AUTHORIZED INSURER AS DEFINED  IN  SECTION  ONE  HUNDRED
SEVEN  OF THIS CHAPTER BUT WHICH IS GRANTED A CERTIFICATE OF ELIGIBILITY
BY THE SUPERINTENDENT TO:
  (A) INSURE RISKS PLACED BY EXCESS  LINE  LICENSEES  OF  THE  KINDS  OF
INSURANCE  SET  FORTH  IN  SECTION TWO THOUSAND ONE HUNDRED FIVE OF THIS
CHAPTER;
  (B) SELL INSURANCE DIRECTLY  TO  INSUREDS  WHO  INDEPENDENTLY  PROCURE
INSURANCE  WHERE  PERMITTED  BY  LAW BUT IN NO EVENT TO AN INSURED WHOSE
HOME STATE IS NEW YORK FROM ANY OFFICE OF SUCH INSURER  LOCATED  IN  NEW
YORK STATE; AND
  (C) INSURE EXCESS LINE AND/OR SURPLUS LINE RISKS FOR ANY INSURED WHOSE
HOME STATE IS A STATE OTHER THAN NEW YORK PROVIDED THE INSURER IS ELIGI-
BLE TO WRITE SUCH RISKS IN SUCH STATE.
  (2)  A  DOMESTIC EXCESS LINE INSURANCE COMPANY IS DEEMED A NONADMITTED
INSURER FOR PURPOSES OF THE DODD FRANK WALL STREET REFORM  AND  CONSUMER
PROTECTION ACT, PUB. L. NO. 111-203.
  S  5803.  ORGANIZATION AND APPROVAL. (A) A DOMESTIC EXCESS LINE INSUR-
ANCE COMPANY MAY BE INCORPORATED AND ORGANIZED IN THE MANNER  SET  FORTH
IN SECTION ONE THOUSAND TWO HUNDRED ONE OF THIS CHAPTER, EXCEPT AS MODI-
FIED BY THE PROVISIONS OF THIS ARTICLE.
  (B) UPON INCORPORATION AND COMPLETION OF THE REQUIREMENTS OF ORGANIZA-
TION  UNDER  SECTION  ONE  THOUSAND  TWO  HUNDRED ONE AND SUBJECT TO ALL
PROVISIONS OF THIS ARTICLE, UNLESS THE SUPERINTENDENT,  UPON  A  WRITTEN
RECORD  DETERMINES  THAT  ANY  INCORPORATOR, DIRECTOR, OFFICER, PROPOSED
SHAREHOLDER OR  MEMBER  OF  THE  PROPOSED  HOLDING  COMPANY  SYSTEM,  IS
UNTRUSTWORTHY,  IN  A FINANCIALLY HAZARDOUS CONDITION OR OTHERWISE COULD
NOT QUALIFY TO OBTAIN A CERTIFICATE OF AUTHORITY IN NEW YORK, THE SUPER-
INTENDENT SHALL, WITHIN NINETY DAYS OF RECEIPT OF A CERTIFIED COPY OF  A
RESOLUTION  ADOPTED BY THE BOARD OF DIRECTORS DECLARING THAT THE INSURER
INTENDS TO ACT AS A DOMESTIC EXCESS  LINE  INSURANCE  COMPANY,  ISSUE  A
CERTIFICATE OF ELIGIBILITY.
  (C)  EVERY  DOMESTIC EXCESS LINE INSURANCE COMPANY MUST HAVE AND MAIN-
TAIN PRIOR TO ISSUANCE OF A CERTIFICATE OF ELIGIBILITY AND AT ALL  TIMES
THEREAFTER  A  MINIMUM CAPITAL AND PAID IN SURPLUS IN AN AMOUNT EQUAL TO
OR EXCEEDING THE GREATER OF FORTY-FIVE MILLION DOLLARS  OR  THE  MINIMUM
AMOUNT  REQUIRED  BY  NEW YORK FOR FOREIGN AND ALIEN INSURER EXCESS LINE
ELIGIBILITY AS SET FORTH IN A REGULATION PROMULGATED BY THE  SUPERINTEN-
DENT.
  (D)  TRANSACTIONS  UNDER  THIS  ARTICLE  SHALL NOT CONSTITUTE DOING AN
INSURANCE BUSINESS WITHOUT A LICENSE IN VIOLATION OF SUBSECTION  (A)  OF
SECTION ONE THOUSAND ONE HUNDRED TWO OF THIS CHAPTER.
  (E)  UPON  ISSUANCE  OF A CERTIFICATE OF ELIGIBILITY THE DIRECTORS AND
INCORPORATORS SHALL HAVE NO FURTHER LIABILITY FOR THE DEBTS AND  LIABIL-
ITIES OF THE INSURER.
  S  5804. TAXATION.   (A) THE TAX SET FORTH IN SECTION TWO THOUSAND ONE
HUNDRED EIGHTEEN OF THIS CHAPTER  SHALL  APPLY  TO  THE  GROSS  PREMIUMS

A. 3107                             3

CHARGED  LESS  THE  AMOUNT OF PREMIUM RETURNED TO SUCH INSUREDS ON EVERY
POLICY PROCURED BY AN EXCESS LINE LICENSEE WHEN NEW  YORK  IS  THE  HOME
STATE  OF THE INSURED. IT IS THE DUTY OF THE EXCESS LINE LICENSEE TO PAY
SUCH TAX.
  (B)  EVERY DOMESTIC EXCESS LINE INSURANCE COMPANY IS EXEMPT FROM ARTI-
CLE NINETY-ONE OF THIS CHAPTER, SECTION TWO HUNDRED SIX OF THE FINANCIAL
SERVICES LAW EXCEPT SUBSECTION (F) OF SUCH SECTION, AND  ARTICLES  NINE,
NINE-A AND THIRTY-THREE OF THE TAX LAW.
  S  5805.  POLICY RATE AND FORMS. DOMESTIC EXCESS LINE INSURANCE COMPA-
NIES ARE EXEMPT FROM ARTICLE TWENTY-THREE OF THIS CHAPTER AND SHALL  NOT
BE  REQUIRED  TO  FILE NOR SEEK APPROVAL FOR ANY FORM, CONTRACT OR OTHER
DOCUMENT WHICH EXPRESSES COVERAGE TERMS AND CONDITIONS.
  S 5806. APPLICABILITY OF OTHER INSURANCE LAWS. (A) EXCEPT AS  MODIFIED
BY  THE PROVISIONS OF THIS ARTICLE DOMESTIC EXCESS LINE INSURANCE COMPA-
NIES ARE SUBJECT TO THE PROVISIONS OF:
  (1) ARTICLE ONE OF THIS CHAPTER. GENERAL PROVISIONS.
  (2) ARTICLE TWO OF THIS CHAPTER. ORGANIZATION  OF  THE  DEPARTMENT  OF
FINANCIAL SERVICES.
  (3)  ARTICLE  THREE  OF  THIS  CHAPTER.  ADMINISTRATIVE AND PROCEDURAL
PROVISIONS.
  (4) ARTICLE FOUR OF THIS CHAPTER. INSURANCE FRAUDS PREVENTION.
  (5) ARTICLE ELEVEN OF THIS CHAPTER. LICENSING OF INSURERS.
  (6) ARTICLE TWELVE OF THIS CHAPTER. ORGANIZATION AND CORPORATE  PROCE-
DURE.
  (7) ARTICLE THIRTEEN OF THIS CHAPTER. ASSETS AND DEPOSITS.
  (8) ARTICLE FOURTEEN OF THIS CHAPTER. INVESTMENTS.
  (9) ARTICLE FIFTEEN OF THIS CHAPTER. HOLDING COMPANIES.
  (10)  ARTICLE  SIXTEEN  OF  THIS  CHAPTER.  SUBSIDIARIES  OF  DOMESTIC
PROPERTY/CASUALTY INSURANCE COMPANIES AND CERTAIN OTHER ENTITIES.
  (11) ARTICLE SEVENTY-ONE OF THIS CHAPTER. MERGER, CONSOLIDATION, REDO-
MESTICATION, ACQUISITION OF ASSETS AND ACQUISITION OF CERTAIN SHARES  OF
INSURERS.
  (12)  ARTICLE  SEVENTY-FOUR  OF  THIS  CHAPTER. REHABILITATION, LIQUI-
DATION, CONSERVATION AND DISSOLUTION OF INSURERS.
  (B) NOTWITHSTANDING SUBSECTION (A) OF THIS SECTION:
  (1) NO LICENSE TO ACT AS AN AUTHORIZED INSURER  IS  REQUIRED  FOR  ANY
INSURER TO WHICH A CERTIFICATE OF ELIGIBILITY HAS BEEN ISSUED.
  (2)  SECTION  ONE  THOUSAND TWO HUNDRED THIRTEEN OF THIS CHAPTER SHALL
NOT APPLY TO DOMESTIC EXCESS LINE INSURERS.
  (C) EXCEPT AS MODIFIED BY THIS ARTICLE, DOMESTIC EXCESS LINE  INSURERS
ARE SUBJECT TO EACH PROVISION OF THIS CHAPTER WHICH:
  (1)  APPLY  BROADLY  TO  INSURANCE POLICIES ISSUED OR DELIVERED IN NEW
YORK AND NOT EXCLUSIVELY TO AUTHORIZED INSURERS; OR
  (2) EXPRESSLY APPLY TO OR EXEMPT EXCESS  LINE  INSURANCE  POLICIES  OR
COVERAGE PROVIDED, IN SUCH POLICIES; AND
  (3) ARE SET FORTH IN ANY OF THE FOLLOWING:
  (A)  ARTICLE  TWENTY-ONE  OF THIS CHAPTER. AGENTS, BROKERS, ADJUSTERS,
CONSULTANTS AND INTERMEDIARIES.
  (B) ARTICLE TWENTY-FOUR OF THIS CHAPTER. UNFAIR METHODS OF COMPETITION
AND UNFAIR AND DECEPTIVE ACTS AND PRACTICES.
  (C)  ARTICLE  TWENTY-FIVE  OF  THIS  CHAPTER.   PROHIBITIONS   AGAINST
CONTROLLED BUSINESS.
  (D)  ARTICLE TWENTY-SIX OF THIS CHAPTER. UNFAIR CLAIM SETTLEMENT PRAC-
TICES; OTHER MISCONDUCT; DISCRIMINATION.
  (E) ARTICLE TWENTY-SEVEN OF THIS CHAPTER. HOLOCAUST VICTIMS  INSURANCE
ACT OF 1998.

A. 3107                             4

  (F)     ARTICLE     THIRTY-FOUR    OF    THIS    CHAPTER.    INSURANCE
CONTRACTS-PROPERTY/CASUALTY.
  (G)  ARTICLE  FORTY-ONE  OF  THIS CHAPTER. PROPERTY/CASUALTY INSURANCE
COMPANIES.
  (H) ARTICLE SEVENTY-FOUR OF THIS CHAPTER. REHABILITATION, LIQUIDATION,
CONSERVATION AND DISSOLUTION OF INSURERS.
  (D) NOTWITHSTANDING SUBSECTION (C) OF THIS SECTION, SECTION FOUR THOU-
SAND ONE HUNDRED THREE OF THIS  CHAPTER  SHALL  NOT  APPLY  TO  DOMESTIC
EXCESS LINE INSURANCE COMPANIES.
  S  5807.  EXEMPTIONS.  DOMESTIC  EXCESS  LINE  INSURANCE COMPANIES ARE
EXEMPT FROM THE PROVISIONS OF:
  (A) ARTICLE FIFTY-TWO OF THIS CHAPTER. MOTOR VEHICLE ACCIDENT INDEMNI-
FICATION CORPORATION.
  (B) ARTICLE FIFTY-THREE  OF  THIS  CHAPTER.  MOTOR  VEHICLE  INSURANCE
ASSIGNED RISK PLANS.
  (C)  ARTICLE  FIFTY-FOUR  OF THIS CHAPTER. NEW YORK PROPERTY INSURANCE
UNDERWRITING ASSOCIATION.
  (D) ARTICLE FIFTY-FIVE OF THIS CHAPTER. MEDICAL MALPRACTICE  INSURANCE
ASSOCIATION.
  (E)  ARTICLE  SEVENTY-SIX  OF THIS CHAPTER. PROPERTY/CASUALTY SECURITY
FUNDS.
  S 5808. PRINCIPAL PLACE OF BUSINESS. A DOMESTIC  EXCESS  LINE  INSURER
SHALL  MAINTAIN  ITS PRINCIPAL PLACE OF BUSINESS WITHIN THE STATE OF NEW
YORK.
  S 5809. MANDATORY DISCLOSURE  NOTICE.  THE  SUPERINTENDENT  SHALL,  BY
REGULATION,  REQUIRE  EVERY  POLICY  AND/OR  BINDER ISSUED BY A DOMESTIC
EXCESS LINE INSURANCE COMPANY TO BEAR  SPECIFIC  LANGUAGE  CONSPICUOUSLY
DISPLAYED, WHICH ADVISES THE INSURED THAT THE INSURER IS NOT LICENSED BY
THE  STATE  OF  NEW YORK, THAT IN THE EVENT OF INSOLVENCY OF THE INSURER
PROTECTIONS PROVIDED BY THE NEW YORK STATE SECURITY FUNDS DO  NOT  APPLY
AND  THAT  THE  POLICY  MAY  NOT  BE  SUBJECT  TO ALL OF THE REGULATIONS
PERTAINING TO POLICY FORMS.
  S 2. 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 A3108

Enacts the "minority mental health act" to establish the division of minority mental health within the office of mental health

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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

Enacts the "minority mental health act" to establish the division of minority mental health within the office of mental health; provides that such division shall be responsible for assuring that mental health programs and services are culturally and linguistically appropriate to meet the needs of racial and ethnic minorities.

Bill Details

See Senate Version of this Bill:
S1488
Versions:
A3108
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add Art 8 §§8.01 - 8.09, Ment Hyg L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3108

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Mental Health

AN ACT to amend the mental hygiene law, in relation to establishing  the
  division of minority mental health within the office of mental health,
  and providing for its powers and duties

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

  Section 1. Legislative  intent.  The  legislature  hereby  finds  that
racial  and  ethnic  minorities  in  America  comprise a substantial and
vibrant segment of the United States population. According to  the  2000
United  States Census, minorities comprised the majority of the New York
City population. Further, the legislature finds that nearly half of  all
New  York  City  households speak a language other than English at home,
and that the "enormous shortage  of  trained  bilingual  and  bicultural
counselors, therapists, psychiatrists and social workers, make it impos-
sible,  for many limited-English-proficient New Yorkers to obtain refer-
rals and timely, appropriate mental health  services"  (New  York  State
Assembly  Standing  Committee  on Mental Health report, AN EVALUATION OF
THE DELIVERY OF MENTAL HYGIENE SERVICES  IN  NEW  YORK  STATE,  February
2005).  Moreover, the legislature finds that the President's New Freedom
Commission on Mental Health also found that the mental health system  in
the  United  States  "has not kept pace with the diverse needs of racial
and ethnic minorities.  Misunderstanding and  misinterpreting  behaviors
have  led  to  tragic  consequences,  including  inappropriately placing
minorities in the criminal and juvenile justice systems."  Consequently,
the  legislature  finds that a division of minority mental health should
be created to address the unique mental health needs of the  racial  and
ethnic minority citizens of the state.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"minority mental health act".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01409-01-5

A. 3108                             2

  S 3. The mental hygiene law is amended by adding a new  article  8  to
read as follows:
                                ARTICLE 8
                       DIVISION OF MINORITY MENTAL
                                 HEALTH
SECTION 8.01 DECLARATION OF POLICY.
        8.03 DEFINITIONS.
        8.05 DIVISION OF MINORITY MENTAL HEALTH.
        8.07 SCOPE OF RESPONSIBILITIES.
        8.09 MINORITY MENTAL HEALTH COUNCIL.

S 8.01 DECLARATION OF POLICY.
  THE  STATE OF NEW YORK AND ITS LOCAL GOVERNMENTS HAVE A RESPONSIBILITY
TO CARE FOR AND TREAT ALL OF ITS CITIZENS SUFFERING FROM MENTAL DISABIL-
ITIES. TO ADDRESS THE GROWING AND  SIGNIFICANT  DISCONNECT  BETWEEN  THE
MENTAL  HEALTH  CARE  NEEDS,  AND  THE AVAILABILITY AND ACCESSIBILITY OF
CULTURALLY AND LINGUISTICALLY COMPETENT CARE FOR ALL NEW YORKERS, A  NEW
DIVISION  OF MINORITY MENTAL HEALTH IS CREATED. THE DIVISION SHALL FOCUS
ON ASSESSING THE MENTAL HEALTH NEEDS OF RACIAL AND ETHNIC MINORITY POPU-
LATIONS AND STRIVE TO BEST ENSURE THAT APPROPRIATE CARE IS  PROVIDED  TO
THESE INDIVIDUALS.
S 8.03 DEFINITIONS.
  AS USED IN THIS ARTICLE:
  (A)  "COUNCIL" MEANS THE MINORITY MENTAL HEALTH COUNCIL ESTABLISHED BY
SECTION 8.09 OF THIS ARTICLE.
  (B) "DIVISION" MEANS THE DIVISION OF MINORITY  HEALTH  ESTABLISHED  BY
SECTION 8.05 OF THIS ARTICLE.
S 8.05 DIVISION OF MINORITY MENTAL HEALTH.
  THERE IS HEREBY ESTABLISHED, WITHIN THE OFFICE, A DIVISION OF MINORITY
MENTAL HEALTH. THE DIVISION SHALL ASSIST THE OFFICE AND THE COMMISSIONER
IN  CARRYING  OUT  THEIR  POWERS AND DUTIES RELATING TO THE PROVISION OF
MENTAL HEALTH SERVICES TO RACIAL AND ETHNIC MINORITIES.
S 8.07 SCOPE OF RESPONSIBILITIES.
  THE DIVISION SHALL:
  (A) BE RESPONSIBLE  FOR  ASSURING  THAT  MENTAL  HEALTH  PROGRAMS  AND
SERVICES ARE CULTURALLY AND LINGUISTICALLY APPROPRIATE TO MEET THE NEEDS
OF RACIAL AND ETHNIC MINORITIES;
  (B)  SERVE  AS  LIAISON AND ADVOCATE FOR THE OFFICE ON MINORITY MENTAL
HEALTH MATTERS.   THIS FUNCTION SHALL INCLUDE  THE  PROVISION  OF  STAFF
SUPPORT  TO  THE  COUNCIL  AND  THE ESTABLISHMENT OF APPROPRIATE PROGRAM
LINKAGE WITH RELATED FEDERAL, STATE, AND LOCAL AGENCIES AND PROGRAMS;
  (C) ASSIST PROFESSIONAL SCHOOLS AND STATE AGENCIES TO DEVELOP  COMPRE-
HENSIVE PROGRAMS TO IMPROVE THE SUPPLY OF MINORITY MENTAL HEALTH PERSON-
NEL BY PROMOTING MINORITY MENTAL HEALTH CLINICAL TRAINING AND CURRICULUM
IMPROVEMENT, AND DISSEMINATING MINORITY MENTAL HEALTH CAREER INFORMATION
TO HIGH SCHOOL AND COLLEGE STUDENTS; AND
  (D)  REVIEW THE IMPACT OF PROGRAMS, REGULATIONS AND MENTAL HEALTH CARE
REIMBURSEMENT POLICIES ON MINORITY MENTAL HEALTH  SERVICE  DELIVERY  AND
ACCESS.
S 8.09 MINORITY MENTAL HEALTH COUNCIL.
  (A)  THERE  IS  HEREBY  ESTABLISHED,  WITHIN  THE DIVISION, A MINORITY
MENTAL HEALTH COUNCIL  TO  CONSIST  OF  THE  COMMISSIONER  AND  FOURTEEN
APPOINTED  MEMBERS.    THE  COMMISSIONER SHALL SERVE AS THE CHAIR OF THE
COUNCIL.  THE APPOINTED MEMBERSHIP OF THE COUNCIL  SHALL  HAVE  RELEVANT
EXPERIENCE  RELATED TO THE PROVISION OR RECEIPT OF MINORITY SERVICES AND
SHALL BE REFLECTIVE OF THE DIVERSITY OF THE STATE'S  POPULATION  INCLUD-

A. 3108                             3

ING, BUT NOT LIMITED TO, THE VARIOUS MINORITY POPULATIONS THROUGHOUT THE
STATE.  THE MEMBERS SHALL BE APPOINTED AS FOLLOWS:
  1. FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
  2.  FOUR  MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  3. FOUR MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  4. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
AND
  5. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE  ASSEM-
BLY.
  (B)  THE  APPOINTED  MEMBERS OF THE COUNCIL SHALL EACH SERVE A TERM OF
TWO YEARS, BUT SHALL CONTINUE TO SERVE IN OFFICE UNTIL THEIR  SUCCESSORS
ARE  APPOINTED.  ALL VACANCIES IN THE MEMBERSHIP OF THE COUNCIL SHALL BE
FILLED FOR THE UNEXPIRED TERM WITHIN SIX MONTHS OF THE DATE THE  VACANCY
OCCURS.  VACANCIES  SHALL  BE  FILLED IN THE SAME MANNER AS THE ORIGINAL
APPOINTMENT.
  (C) THE COUNCIL SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY  REQUIRE,
BUT  IN  NO  CASE SHALL IT MEET LESS THAN FOUR TIMES DURING ANY CALENDAR
YEAR.
  (D) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS ARTICLE.
  (E) THE COUNCIL SHALL:
  1. AT THE REQUEST OF THE COMMISSIONER, CONSIDER ANY MATTER RELATING TO
THE PROVISION AND IMPROVEMENT OF MINORITY MENTAL HEALTH SERVICES; AND
  2.  CONDUCT  A  STUDY  ON THE MENTAL HEALTH NEEDS OF RACIAL AND ETHNIC
MINORITIES AND THE AVAILABILITY AND EFFECTIVENESS OF  PROGRAMS  DESIGNED
TO  MEET SUCH NEEDS. SUCH STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO, AN
EXAMINATION OF: RATES OF UNDERUTILIZATION OF MENTAL HEALTH  SERVICES  BY
SPECIFIC  RACIAL AND ETHNIC MINORITY GROUPS, THE REASONS CONTRIBUTING TO
SUCH  UNDERUTILIZATION  PATTERNS,  THE  AVAILABILITY  OF  MENTAL  HEALTH
SERVICES SPECIFICALLY DESIGNED TO ADDRESS THE NEEDS OF IDENTIFIED RACIAL
AND  ETHNIC  MINORITIES  AND  RECOMMENDATIONS  FOR ADDRESSING IDENTIFIED
UNMET NEEDS  AND  FOR  IMPROVING  THE  AVAILABILITY  OF  CULTURALLY  AND
LINGUISTICALLY  APPROPRIATE SERVICES. THE COUNCIL SHALL REPORT ITS FIND-
INGS AND RECOMMENDATIONS TO THE GOVERNOR, THE COMMISSIONER,  THE  TEMPO-
RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIR-
PERSONS  OF  THE  SENATE  MENTAL  HEALTH  AND DEVELOPMENTAL DISABILITIES
COMMITTEE AND THE ASSEMBLY  MENTAL  HEALTH  COMMITTEE,  WITHIN  EIGHTEEN
MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE.
  S  4. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided that any appoint-
ments, rules and regulations necessary to implement  the  provisions  of
this  act  on  its  effective  date  are  authorized  and directed to be
completed on or before such date.

assembly Bill A1573

Relates to approval of electric transmission line facilities

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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

Provides that, prior to granting a certificate for the construction of an electric transmission line facility, the public service commission must find that the facility conforms to the most recent state energy plan and consider whether approval of the facility would cause adverse impacts on the state's environmental quality due to electric generation.

Bill Details

Versions:
A1573
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Amd §126, Pub Serv L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1573

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON,
  MOYA, ROSENTHAL -- read once and referred to the Committee on Energy

AN ACT to amend the public service law, in relation to approval of elec-
  tric transmission line facilities

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

  Section 1. Paragraph (d) of subdivision 1 of section 126 of the public
service  law, as added by chapter 272 of the laws of 1970, is amended to
read as follows:
  (d) in the case of an electric transmission line, (1)  what  part,  if
any,  of  the  line shall be located underground; (2) that such facility
conforms to [a long-range plan for expansion of the electric power  grid
of  the  electric  systems serving this state and interconnected utility
systems, which will serve the interests of electric system  economy  and
reliability]  THE  MOST RECENT STATE ENERGY PLAN AS ESTABLISHED PURSUANT
TO ARTICLE SIX OF THE ENERGY   LAW, WITH CONSIDERATION  OF  WHETHER  THE
APPROVAL  OF  SUCH  FACILITY  WOULD CAUSE ADVERSE IMPACTS ON THE STATE'S
ENVIRONMENTAL QUALITY DUE TO AN INCREASE  IN  IN-STATE  OR  OUT-OF-STATE
ELECTRIC GENERATION;
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06225-01-5

assembly Bill A1572

Provides that any charges assessed by a credit card company for late payment shall not exceed five percent of the unpaid balance of any bill or twenty dollars

download pdf

Sponsor

Bill Status


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

actions

Summary

Provides that any charges assessed by a credit card company for late payment shall not exceed five percent of the unpaid balance of any bill, including any interest thereon, or twenty dollars, whichever amount is less.

Bill Details

See Senate Version of this Bill:
S2377
Versions:
A1572
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §518-b, Gen Bus L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1572

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M. of A. CAHILL -- Multi-Sponsored by -- M. of A. CLARK,
  CURRAN, ENGLEBRIGHT, HOOPER, MAGEE -- read once and  referred  to  the
  Committee on Banks

AN  ACT  to  amend  the general business law, in relation to credit card
  late charges

  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
518-b to read as follows:
  S  518-B.  CREDIT  CARD LATE CHARGES. ANY CHARGES ASSESSED BY A CREDIT
CARD COMPANY FOR LATE PAYMENT SHALL  NOT  EXCEED  FIVE  PERCENT  OF  THE
UNPAID  BALANCE  OF  ANY BILL, INCLUDING ANY INTEREST THEREON, OR TWENTY
DOLLARS, WHICHEVER AMOUNT IS LESS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06226-01-5

senate Bill S816

Provides for the certification of and qualifications for dentists practicing oral and maxillofacial surgery

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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

Provides for the certification of and qualifications for dentists practicing oral and maxillofacial surgery; includes such dentist within provisions of law regulating office-based surgery; provides for a study of whether an oral and maxillofacial surgery profiling program should be established; and provides that in an oral and maxillofacial surgery malpractice action a physician may be called as an expert witness at trial.

Bill Details

See Assembly Version of this Bill:
A3329
Versions:
S816
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§6601, Ed L; amd §§230-d & 2995-d, Pub Health L; amd §3101, CPLR

Sponsor Memo

BILL NUMBER:S816

TITLE OF BILL:

An act to amend the education law, in relation to amending the
definition of the scope of practice of dentistry to authorize certain
dentists who are qualified and certified to perform any procedure in
the oral and maxillofacial area; and to amend the public health law
and the civil practice law and rules, in relation to the discipline
and liability of dentists who are so qualified and certified

PURPOSE OR GENERAL IDEA OF BILL:

This bill would permit maxillofacial surgeons who have: A) been
certified by the State Education Department and the American Board of
Oral and Maxillofacial Surgery, and have B) been granted privileges to
perform certain oral and maxillofacial surgery procedures by a general
hospital to perform the same oral and maxillofacial procedures
regardless of its relation to the oral cavity. It would eliminate the
need to rely on the emergency exception for those surgeons who-do
perform such procedures.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Education Law section 6601 to divide the scope of
practice section into two subdivisions. The second new section adds
express authorization for oral and maxillofacial surgeons to perform
certain procedures in the oral and maxillofacial area provided the
oral and maxillofacial surgeon has been granted privileges to perform
such procedure by a general hospital under Article 28 of the Public
Health Law. Only surgeons who have been certified by the State
Education Department would be eligible to obtain this expanded scope
of practice.

Section 2: Amends Public Health Law section 230-d to add oral and
maxillofacial surgeons who have been certified pursuant to the new
Education Law section 6601(2)to perform office based surgery as long
as they are licensed by the Department of Health.

Section 3: Amends Public Health Law section 2995--d to ask the
Department of Health, in cooperation with the SED, to examine whether
oral and maxillofacial surgeons, who have the expanded scope of
practice, should become part of the physician profiling program.

Section 4: Amends CPLR section 3101 to permit physicians to testify in
medical malpractice cases that involve, oral and maxillofacial surgery
that is authorized under the expanded scope of practice.

JUSTIFICATION:

Oral and Maxillofacial Surgeons are surgical specialists of the dental
profession. Like medical surgeons, Oral and Maxillofacial Surgeons
undergo long residencies of between four to six years. These
nationally accredited residencies involve hundreds of facial
Surgeries, schooling in advanced biomedical Sciences, hospital surgery
rotations and general anesthesia/deep sedation. Surgical
concentrations are in four main areas: 1) trauma; 2) pathology; 3) jaw


surgery and 4) reconstructive and cosmetic surgery. Most Oral and
Maxillofacial Surgeons serve on hospital trauma teams to repair facial
injuries on accident victims. In 2001, chapter 576 expanded and
amended the scope of practice for dentistry to include the entire oral
and maxillofacial area as it related to restoring or maintaining
dental health. This amendment would Continue the scope's modernization
by allowing any procedure within that area to be performed by those
Oral and Maxillofacial Surgeons who have been granted privileges to
perform the procedure/s in a hospital licensed by the health
department.

PRIOR LEGISLATIVE HISTORY:

2012 - Passed Senate
2010 - Passed Senate
2008 - Referred to Higher Education
2013 - Passed Senate
2014 - Referred to Higher Education

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 180 days after it shall have become law.

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

                                   816

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation  to  amending  the  defi-
  nition  of  the  scope  of  practice of dentistry to authorize certain
  dentists who are qualified and certified to perform any  procedure  in
  the  oral  and  maxillofacial area; and to amend the public health law
  and the civil practice law and rules, in relation  to  the  discipline
  and liability of dentists who are so qualified and certified

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

  Section 1. Section 6601 of the education law, as  amended  by  chapter
576 of the laws of 2001, is amended to read as follows:
  S 6601. Definition  of  practice  of dentistry. 1. The practice of the
profession of dentistry is defined as diagnosing,  treating,  operating,
or  prescribing  for  any  disease, pain, injury, deformity, or physical
condition of the oral and maxillofacial area related  to  restoring  and
maintaining  dental  health.  The  practice  of  dentistry  includes the
prescribing and fabrication of dental  prostheses  and  appliances.  The
practice  of  dentistry  may  include performing physical evaluations in
conjunction with the provision of dental treatment.
  2. ANY ORAL AND MAXILLOFACIAL SURGEON CERTIFIED BY THE  DEPARTMENT  IN
ACCORDANCE WITH QUALIFICATIONS ESTABLISHED BY THE DEPARTMENT MAY PERFORM
ADDITIONAL SURGICAL PROCEDURES INVOLVING THE HARD OR SOFT TISSUES OF THE
ORAL  AND  MAXILLOFACIAL AREA. QUALIFICATIONS TO PERFORM SUCH ADDITIONAL
SURGICAL PROCEDURES SHALL INCLUDE BEING: (A) CERTIFIED BY  THE  AMERICAN
BOARD  OF  ORAL  AND  MAXILLOFACIAL  SURGERY OR SUCH EQUIVALENT NATIONAL
CERTIFYING BOARD OR ORGANIZATION ACCEPTABLE TO THE COMMISSIONER FOR SUCH
ADDITIONAL SURGICAL PROCEDURES, AND (B) GRANTED HOSPITAL PRIVILEGES  FOR
SUCH  SURGICAL  PROCEDURES  BY  A  GENERAL HOSPITAL LICENSED PURSUANT TO
ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04734-01-5

S. 816                              2

  S 2. Paragraph (i) of subdivision 1 of section  230-d  of  the  public
health law, as amended by chapter 438 of the laws of 2012, is amended to
read as follows:
  (i)  "Licensee" shall mean an individual licensed or otherwise author-
ized under article one hundred  thirty-one,  one  hundred  thirty-one-B,
CERTIFIED  PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-SIX HUNDRED ONE,
OR individuals who have obtained an issuance of a privilege  to  perform
podiatric  standard  or  advanced ankle surgery pursuant to subdivisions
one and two of section seven thousand nine of the education law.
  S 3. Section 2995-d of the public health law is amended  by  adding  a
new subdivision 4-b to read as follows:
  4-B.  IN  COOPERATION WITH THE EDUCATION DEPARTMENT, STUDY HEALTH CARE
PRACTITIONER DATA RELATING TO ORAL AND MAXILLOFACIAL SURGEONS  CERTIFIED
PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION SIXTY-SIX HUNDRED ONE OF THE
EDUCATION LAW. SUCH STUDY SHALL  INCLUDE  CONSIDERATION  OF  WHETHER  AN
INDIVIDUAL PROFILING PROGRAM SHOULD BE ESTABLISHED AND OUTLINE AN APPRO-
PRIATE  METHOD TO DEVELOP AND IMPLEMENT SUCH A PROFILING PROGRAM IF SUCH
A PROGRAM IS DETERMINED BY THE DEPARTMENT TO BE IN THE PUBLIC  INTEREST.
SUCH  PROGRAM  AND  RECOMMENDATIONS  MAY  BE  SIMILAR  TO  THE PHYSICIAN
PROFILES   ESTABLISHED   PURSUANT   TO   SECTION   TWENTY-NINE   HUNDRED
NINETY-FIVE-A  OF  THIS  TITLE.  SUCH  A PROPOSED ORAL AND MAXILLOFACIAL
SURGEON PROFILING PROGRAM, IF  SUCH  A  PROGRAM  IS  DETERMINED  BY  THE
DEPARTMENT  TO  BE IN THE PUBLIC INTEREST, SHOULD BE CAPABLE OF PRESENT-
ING, IN A COST EFFECTIVE MANNER, RELEVANT MEDICAL AND TREATMENT INFORMA-
TION IN A FORMAT THAT IS EASILY UNDERSTOOD BY AND MADE AVAILABLE TO  THE
GENERAL  PUBLIC.   SUCH STUDY AND ITS FINDINGS SHALL BE SUBMITTED TO 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 ON OR BEFORE JUNE FIRST, TWO THOUSAND NINETEEN;
  S 4. Paragraph 1 of subdivision (d) of section 3101 of the civil prac-
tice law and rules is amended by adding a new subparagraph (v)  to  read
as follows:
  (V)  IN  AN ACTION FOR ORAL AND MAXILLOFACIAL SURGERY MEDICAL MALPRAC-
TICE FOR PROCEDURES PERFORMED PURSUANT TO  SUBDIVISION  TWO  OF  SECTION
SIXTY-SIX HUNDRED ONE OF THE EDUCATION LAW, A PHYSICIAN MAY BE CALLED AS
AN EXPERT WITNESS AT TRIAL.
  S 5. This act shall take effect on the one hundred eightieth 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  the provisions of this act on its effective date are author-
ized to be made on or before such effective date.

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