senate Bill S1643

Requires schools to provide instruction on the history of the Ukrainian genocide-holodomor of 1932 through 1933

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Sponsor

Bill Status


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

actions

Summary

Requires schools to provide instruction on the history of the Ukrainian Genocide Holodomor from 1932 through 1933.

Bill Details

See Assembly Version of this Bill:
A1867
Versions:
S1643
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §801, Ed L

Sponsor Memo

BILL NUMBER:S1643

TITLE OF BILL:

An act to amend the education law, in relation to instruction on the
subject of the history of the Ukrainian Genocide-Holodomor of 1932 to
1933

PURPOSE:

Requires schools to provide instruction on the history of the
Ukrainian genocide holodornor from 1932 through 1933.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the Subdivisions 1 and 3 of Section 801
of the education law as amended by Chapter 574 of the laws of 1997 to
include the Ukrainian Genocide-Holdomor of 1932 and 1933 as required
courses instructions.

JUSTIFICATION:

The famine in the Ukraine was deliberately initiated and enforced by
the Soviet regime through the seizure of grain and the blockade of
food shipments into the affected areas, as well as by forcibly
preventing the starving population from leaving the region for the
purposes of eliminating resistance to the forced collectivization of
agriculture and destroying Ukraine's national identity. This famine
resulted in the deaths of millions of men, women and children in the
Ukraine and in other regions.

Although Ukraine was one of the greatest losses of human life in the
20th century remains insufficiently recognized in the United States
and in the world. As such, the fight against racism begins with our
children learning the history of Ukrainian Genocide Holodomor and
teaching them solutions to keep our communities whole.

LEGISLATIVE HISTORY:

2009/2010 - S3356-A (Died Education)
2011/2012 - S.1016 (Died Education)
2013/2014 - S.4107 (Died Education)

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Shall take effect on the first July next succeeding the date on which
it shall have become law.

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

                                  1643

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

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

AN ACT to amend the education law, in relation  to  instruction  on  the
  subject  of the history of the Ukrainian Genocide-Holodomor of 1932 to
  1933

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

  Section  1.  Subdivisions 1 and 3 of section 801 of the education law,
as amended by chapter 574 of the laws of 1997, are amended  to  read  as
follows:
  1.  In  order  to  promote a spirit of patriotic and civic service and
obligation and to foster in the children of the state moral  and  intel-
lectual  qualities  which  are  essential in preparing to meet the obli-
gations of citizenship in peace or in war, the regents of The University
of the State of New York  shall  prescribe  courses  of  instruction  in
patriotism, citizenship, and human rights issues, with particular atten-
tion  to the study of the inhumanity of genocide, slavery (including the
freedom trail and underground railroad), the  Holocaust,  THE  UKRAINIAN
GENOCIDE-HOLODOMOR  OF  1932 TO 1933, and the mass starvation in Ireland
from 1845 to 1850, to be maintained and followed in all the  schools  of
the  state.  The  boards of education and trustees of the several cities
and school districts of the state shall require instruction to be  given
in  such  courses,  by the teachers employed in the schools therein. All
pupils attending such schools, over the age of eight years, shall attend
upon such instruction.
  Similar courses of instruction shall be prescribed and  maintained  in
private  schools in the state, and all pupils in such schools over eight
years of age shall attend upon such courses. If such courses are not  so
established and maintained in a private school, attendance upon instruc-
tion  in  such  school  shall  not be deemed substantially equivalent to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00294-01-5

S. 1643                             2

instruction given to pupils of like age in the  public  schools  of  the
city or district in which such pupils reside.
  3.  The  regents  shall  determine the subjects to be included in such
courses of instruction in  patriotism,  citizenship,  and  human  rights
issues,  with  particular  attention  to  the study of the inhumanity of
genocide, slavery (including the freedom  trail  and  underground  rail-
road),  the Holocaust, THE UKRAINIAN GENOCIDE-HOLODOMOR OF 1932 TO 1933,
and the mass starvation in Ireland from 1845 to 1850, and in the  histo-
ry,  meaning, significance and effect of the provisions of the constitu-
tion of the United States, the amendments thereto,  the  declaration  of
independence,  the  constitution of the state of New York and the amend-
ments thereto, and the period of instruction in each of  the  grades  in
such subjects. They shall adopt rules providing for attendance upon such
instruction and for such other matters as are required for carrying into
effect  the objects and purposes of this section. The commissioner shall
be responsible for the enforcement of such section and shall cause to be
inspected and supervise the instruction to be given  in  such  subjects.
The  commissioner  may, in his discretion, cause all or a portion of the
public school money to be apportioned to a district or city to be  with-
held  for  failure of the school authorities of such district or city to
provide instruction in such courses and to compel attendance  upon  such
instruction,  as  herein  prescribed,  and for a non-compliance with the
rules of the regents adopted as herein provided.
  S 2. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.

senate Bill S1642

Requires that a member of the Westchester county industrial development agency is a member of the governing body of Westchester county

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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

Allows that the Westchester county governing body appoint an additional member of the Westchester county industrial development agency.

Bill Details

See Assembly Version of this Bill:
A920
Versions:
S1642
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §923-a, Gen Muni L

Sponsor Memo

BILL NUMBER:S1642

TITLE OF BILL:

An act to amend the general municipal law, in relation to allowing the
governing body of Westchester county to appoint a member of the
Westchester county industrial development agency

PURPOSE OR GENERAL IDEA OF BILL:

To allow the presiding officer of the Westchester County Legislature
to appoint a member of the Westchester County Industrial Development
agency, subject to confirmation of such governing body.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends Section 923-a of the general municipal
law as amended by Chapter 564 of the laws of 1983 to change the number
of members of the Westchester County Industrial Board to eight members
and allows that one member shall be appointed by the presiding officer
of the governing body of the county of Westchester, subject to
confirmation by its governing body, who may be a member of such
governing body The member appointed shall be a no-voting member.

Section two, of the bill is the effective data.

JUSTIFICATION:

This measure provides for greater over sight and accountability of
economic development projects and initiatives of the Westchester
County Industrial Development Agency by having a member appointed by
the elected County Legislature serve on the IDA board.

LEGISLATIVE HISTORY:

2011: S.4304-B Died in Local Government
2013: S.4297 Died in Local Government

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
________________________________________________________________________

                                  1642

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to  allowing  the
  governing  body of Westchester county to appoint a member of the West-
  chester county industrial development agency

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

  Section  1.  Section 923-a of the general municipal law, as amended by
chapter 564 of the laws of 1983, is amended to read as follows:
  S 923-a. County of Westchester industrial development agency.  For the
benefit of the county of Westchester and  the  inhabitants  thereof,  an
industrial  development agency, to be known as the COUNTY OF WESTCHESTER
INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the accomplish-
ment of any or all of the purposes specified in  title  one  of  article
eighteen-A  of  this chapter.   It shall constitute a body corporate and
politic, and be perpetual in duration.   It shall have  the  powers  and
duties  now or hereafter conferred by title one of article eighteen-A of
this chapter upon industrial development agencies and provided that  the
exercise of the powers by such agency with respect to the acquisition of
real  property  whether by purchase, condemnation or otherwise, shall be
limited to the corporate limits of the county of  Westchester  and  such
agency shall take into consideration the local zoning and planning regu-
lations  as well as regional and local land use plans.  The agency shall
not use its funds to commence any project unless  (i)  at  least  thirty
days'  prior  notice of such project shall have been given to each local
municipality in which a part or parts of the project is, or  is  to  be,
located  and  (ii)  no objection, by resolution of the governing body of
such municipality, shall have been made  and  delivered  to  the  agency
within  such  thirty  days.  Notwithstanding  the provisions of the next
preceding sentence, in the case of a project which  is,  or  is  to  be,
located  within  a  village  within the county of Westchester, notice to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02584-01-5

S. 1642                             2

such village shall be sufficient as to any part or parts of the  project
within  the village and no other notice shall be required to be given to
any other municipality in which such village  is  located  with  respect
thereto.  It shall be organized in a manner prescribed by and be subject
to the provisions of title one of article eighteen-A of this chapter and
shall consist of [seven] EIGHT members. Its members shall  be  appointed
by  the chief executive officer of the county of Westchester, subject to
confirmation by its governing body, EXCEPT  THAT  ONE  MEMBER  SHALL  BE
APPOINTED  BY  THE PRESIDING OFFICER OF THE GOVERNING BODY OF THE COUNTY
OF WESTCHESTER, SUBJECT TO CONFIRMATION BY ITS GOVERNING BODY,  WHO  MAY
BE  A MEMBER OF SUCH GOVERNING BODY. THE MEMBER APPOINTED BY THE PRESID-
ING OFFICER SHALL BE A NON-VOTING MEMBER. The agency, its members, offi-
cers and employees, and its  operations  and  activities  shall  in  all
respects  be  governed  by  the provisions of title one of article eigh-
teen-A of this chapter.
  S 2. This act shall take effect immediately.

senate Bill S1635

Relates to the role and duties of advisors in trust agreements

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 role and duties of advisors in trust agreements.

Bill Details

Versions:
S1635
Current Committee:
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Add §11-2.2-a, EPT L

Sponsor Memo

BILL NUMBER:S1635

TITLE OF BILL: An act to amend the estates, powers and trusts law, in
relation to the role and duties of advisors in trust agreements

PURPOSE:

This bill creates authority for grantors to establish directed
trusteeships under which fiduciaries would act under the advice or
direction of an advisor or protector who could direct, consent to or
disapprove the fiduciaries' decisions with regard to investments,
distributions or other matters.

SUMMARY OF PROVISIONS:

Section 1:Amends the Estates, Powers and Trusts Law by adding a new
section 11-2.2-a to make clear that grantors may establish directed
trusteeships, clarifies the responsibilities of fiduciaries who follow
the advice or direction of an advisor or protector, and specifies the
duties of the fiduciary in relation to advisors and protectors. Also,
it states that advisors accept the jurisdiction of New York courts
when accepting appointment. It also sets the same standard of
reasonable compensation for an advisor as exists for other
fiduciaries. Finally, it clarifies that the term "advisor" includes
"protectors," and specifies some, but not all, of the powers of
advisors; and clarifies the term "investment decision."

Section 2:Effective date.

JUSTIFICATION:

This legislation is designed to remedy a gap in the State's judicial
fabric by providing guidance for the courts, grantors and fiduciaries
as to the governing law, in the absence of provisions in the trust
instrument to the contrary, for directed trusteeships. It clarifies
matters of definition, court jurisdiction, compensation, fiduciary
liability and the responsibility of administrative trustees and
advisors or protectors. As in the Uniform Prudent Management of
Institutional Funds Act, Chapter 490 of the Laws of 2010, it allows a
fiduciary to delegate responsibility to a delegee so long as the
instrument so provides and the delegation is in accordance with its
terms. This bill is designed to help New York fiduciaries compete for
trust business, which is increasingly flowing to states with more
modern trust laws.

A growing number of states are recognizing the desire of trust
grantors to establish bifurcated trusts which vest authority for
investment and other major decisions in the hands of an advisor or
protector while retaining a traditional corporate trustee perform
other ministerial functions. While the New York courts have recognized
the validity of directed trusteeships in New York, there is no body of
law which provides guidance as to how such trusteeships should
function. In addition, New York's Prudent Investor Act makes a
fiduciary liable for any delegation of investment or other decisions,
even when the fiduciary follows all of the rules of delegation
contained in the Prudent Investor Act. This is unusual among the
states that have enacted a prudent investor act. Thus, New York


fiduciaries, even when directed by an advisor or protector in all
investment decision, remain liable under New York law for those
decisions. The broad liability exposure that fiduciaries are subjected
to causes grantors to choose states other than New York to establish
directed trusts. New York fiduciaries have, in many cases, established
non-New York affiliates to administer directed trusts, but using
out-of-State affiliates has two problems. First, many New York
corporate trustees are too small to establish an out-of-State
affiliate, resulting in their being at a competitive disadvantage in
competing for directed trusteeship business with larger corporate
trustees. Second, the existence of out-of-State affiliates encourages
a large number of trust grantors to establish their trusts in
jurisdictions more friendly to directed trusteeships than New York.
This pulls jobs and the corporate and personal income taxes they
generate out of the State, which this legislation will help resolve.

LEGISLATIVE HISTORY:

S. 2014 of 2013:Died in Senate Judiciary Committee
S.7183 of 2012:Died in Senate Judiciary Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to all trusts
which come into existence after this act shall have become a law,
provided, however, those trusts incorporate this section by reference
within the trust agreement.

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

                                  1635

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

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

AN ACT to amend the estates, powers and trusts law, in relation  to  the
  role and duties of advisors in trust agreements

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

  Section 1. The estates, powers and trusts law is amended by  adding  a
new section 11-2.2-a to read as follows:
S 11-2.2-A ADVISORS
  (A) ADVISORS.
  (1)  WHERE  ONE  OR MORE PERSONS ARE GIVEN AUTHORITY BY THE TERMS OF A
GOVERNING INSTRUMENT TO DIRECT, CONSENT TO OR DISAPPROVE  A  FIDUCIARY'S
ACTUAL OR PROPOSED INVESTMENT DECISIONS, DISTRIBUTION DECISIONS OR OTHER
DECISION  OF THE FIDUCIARY, SUCH PERSONS SHALL BE CONSIDERED TO BE ADVI-
SORS AND FIDUCIARIES WHEN EXERCISING SUCH AUTHORITY UNLESS THE GOVERNING
INSTRUMENT OTHERWISE PROVIDES.
  (2) IF A GOVERNING INSTRUMENT PROVIDES THAT A FIDUCIARY IS  TO  FOLLOW
THE  DIRECTION  OF AN ADVISOR, AND THE FIDUCIARY ACTS IN ACCORDANCE WITH
SUCH A DIRECTION, THEN EXCEPT IN CASES OF WILLFUL MISCONDUCT ON THE PART
OF THE FIDUCIARY SO DIRECTED, THE FIDUCIARY SHALL NOT BE LIABLE FOR  ANY
LOSS RESULTING DIRECTLY OR INDIRECTLY FROM ANY SUCH ACT.
  (3)  IF  A  GOVERNING  INSTRUMENT PROVIDES THAT A FIDUCIARY IS TO MAKE
DECISIONS WITH THE CONSENT OF AN ADVISOR, THEN EXCEPT IN CASES OF  WILL-
FUL  MISCONDUCT  OR  GROSS  NEGLIGENCE ON THE PART OF THE FIDUCIARY, THE
FIDUCIARY SHALL NOT BE LIABLE FOR ANY LOSS RESULTING DIRECTLY  OR  INDI-
RECTLY FROM ANY ACT TAKEN OR OMITTED AS A RESULT OF SUCH ADVISOR'S FAIL-
URE  TO PROVIDE SUCH CONSENT AFTER HAVING BEEN REQUESTED TO DO SO BY THE
FIDUCIARY.
  (4) WHENEVER A GOVERNING INSTRUMENT PROVIDES THAT A  FIDUCIARY  IS  TO
FOLLOW THE DIRECTION OF AN ADVISOR WITH RESPECT TO INVESTMENT DECISIONS,
DISTRIBUTION  DECISIONS,  OR  OTHER  DECISIONS  OF  THE FIDUCIARY, THEN,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03333-01-5

S. 1635                             2

EXCEPT TO THE EXTENT THAT THE GOVERNING INSTRUMENT  PROVIDES  OTHERWISE,
THE FIDUCIARY SHALL HAVE NO DUTY TO:
  (A) MONITOR THE CONDUCT OF THE ADVISOR;
  (B) PROVIDE ADVICE TO THE ADVISOR OR CONSULT WITH THE ADVISOR; OR
  (C) COMMUNICATE WITH OR WARN OR APPRISE ANY BENEFICIARY OR THIRD PARTY
CONCERNING  INSTANCES  IN  WHICH THE FIDUCIARY WOULD OR MIGHT HAVE EXER-
CISED THE FIDUCIARY'S OWN DISCRETION IN  A  MANNER  DIFFERENT  FROM  THE
MANNER DIRECTED BY THE ADVISOR.
  ABSENT  CLEAR  AND CONVINCING EVIDENCE TO THE CONTRARY, THE ACTIONS OF
THE FIDUCIARY PERTAINING TO MATTERS WITHIN THE SCOPE  OF  THE  ADVISOR'S
AUTHORITY  (SUCH  AS  CONFIRMING THAT THE ADVISOR'S DIRECTIONS HAVE BEEN
CARRIED OUT AND RECORDING AND REPORTING ACTIONS TAKEN AT  THE  ADVISOR'S
DIRECTION),  SHALL BE PRESUMED TO BE ADMINISTRATIVE ACTIONS TAKEN BY THE
FIDUCIARY SOLELY TO ALLOW THE FIDUCIARY TO PERFORM THOSE DUTIES ASSIGNED
TO THE FIDUCIARY UNDER THE GOVERNING INSTRUMENT AND SUCH  ADMINISTRATIVE
ACTIONS  SHALL NOT BE DEEMED TO CONSTITUTE AN UNDERTAKING BY THE FIDUCI-
ARY TO MONITOR THE ADVISOR OR OTHERWISE PARTICIPATE  IN  ACTIONS  WITHIN
THE SCOPE OF THE ADVISOR'S AUTHORITY.
  (B) COURT JURISDICTION.
  BY  ACCEPTING  APPOINTMENT TO SERVE AS ADVISOR, THE ADVISOR SUBMITS TO
THE JURISDICTION OF THE COURTS OF THIS STATE EVEN IF THE ADVISORY AGREE-
MENT OR OTHER RELATED AGREEMENTS PROVIDE OTHERWISE, AND THE ADVISOR  MAY
BE  MADE  A  PARTY  TO  ANY  ACTION OR PROCEEDING RELATING TO DECISIONS,
ACTIONS OR INACTIONS OF THE ADVISOR.
  (C) COMPENSATION.
  (1) THE ADVISOR SHALL BE ENTITLED  TO  SUCH  COMPENSATION  AS  MAY  BE
REASONABLE,  AND  THE  COURT, UPON APPLICATION OF A PERSON INTERESTED IN
THE TRUST, MAY REVIEW THE REASONABLENESS OF SUCH COMPENSATION.
  (2) THE FIDUCIARY SHALL BE ENTITLED TO COMMISSIONS IN ACCORDANCE  WITH
ARTICLE TWENTY-THREE OF THE SURROGATE'S COURT PROCEDURE ACT.
  (D) DEFINITIONS. AS USED IN THIS SECTION:
  (1)  "ADVISOR"  SHALL  INCLUDE A "PROTECTOR" WHO SHALL HAVE ALL OF THE
POWER AND AUTHORITY GRANTED TO THE PROTECTOR BY THE TERMS OF THE GOVERN-
ING INSTRUMENT, WHICH MAY INCLUDE BUT SHALL NOT BE LIMITED TO:
  (A) THE POWER TO REMOVE AND APPOINT TRUSTEES, ADVISORS, TRUST  COMMIT-
TEE MEMBERS, AND OTHER PROTECTORS;
  (B)  THE  POWER TO MODIFY OR AMEND THE GOVERNING INSTRUMENT TO ACHIEVE
FAVORABLE TAX STATUS OR TO FACILITATE THE  EFFICIENT  ADMINISTRATION  OF
THE TRUST; AND
  (C)  THE  POWER TO MODIFY, EXPAND, OR RESTRICT THE TERMS OF A POWER OF
APPOINTMENT GRANTED TO A BENEFICIARY BY THE GOVERNING INSTRUMENT.
  (2) "INVESTMENT DECISION" MEANS, WITH RESPECT TO ANY  INVESTMENT,  THE
RETENTION, PURCHASE, SALE, EXCHANGE, TENDER OR OTHER TRANSACTION AFFECT-
ING THE OWNERSHIP THEREOF OR RIGHTS THEREIN, AND AN ADVISOR WITH AUTHOR-
ITY WITH RESPECT TO SUCH DECISIONS IS AN INVESTMENT ADVISOR.
  S  2.  This  act  shall take effect immediately and shall apply to all
trusts which come into existence after this act shall have become a law,
provided, however, those trusts incorporate this  section  by  reference
within the trust agreement.

senate Bill S1630

Requires alcohol and substance use screening for all incoming college students

download pdf

Sponsor

Bill Status


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

actions

Summary

Requires alcohol and substance use screening for all incoming college students; screening in person, online or written; screening for illegal drugs and prescription medication for non-medical uses.

Bill Details

Versions:
S1630
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §6439, Ed L

Sponsor Memo

BILL NUMBER:S1630

TITLE OF BILL: An act to amend the education law, in relation to
requiring alcohol and substance use screening for all incoming college
students

PURPOSE OR GENERAL IDEA OF BILL:

This bill will require all incoming students to take an alcohol and
substance use screening or assessment.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill requires colleges to administer an alcohol and
substance use screening or assessment to all incoming college
students.

Section 2 enumerates the ways in which assessments can be administered
and requires the screening of illegal drugs, including but not limited
to, heroin and other opioids.

Section 3 of this bill authorizes colleges to use evidence-based
screening instruments approved by OASAS. Section 3 also directs the
commissioner of education, health and OASAS to collaborate to develop
materials for a drug prevention program and an alcohol and drug intake
assessment.

JUSTIFICATION:

This legislation will promote college health and wellness by
addressing the increasing prevalence of alcohol and substance abuse
among young adults. By requiring assessments of students, colleges can
begin to tackle the rampant heroin and opioid epidemic in New York.
With this information, colleges will be enabled to make appropriate
and targeted alcohol and drug prevention informational programs. These
assessments will also allow colleges to evaluate and refer students
who may need additional health services to local prevention and/or
treatment programs.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of July of the next succeeding date on which it shall have
become law.

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

                                  1630

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- 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 requiring alcohol  and
  substance use screening for all incoming college students

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

  Section 1. The education law is amended by adding a new  section  6439
to read as follows:
  S  6439.  ALCOHOL  AND  SUBSTANCE USE SCREENING. 1. EACH COLLEGE SHALL
ADMINISTER AN ALCOHOL AND SUBSTANCE USE SCREENING OR ASSESSMENT  TO  ALL
INCOMING STUDENTS.
  2.  THE  SCREENING  OR ASSESSMENT MAY BE IN PERSON, ONLINE OR WRITTEN.
THIS SHALL INCLUDE THE SCREENING  FOR  ILLEGAL  DRUGS  AND  PRESCRIPTION
MEDICATION FOR NON-MEDICAL USES, INCLUDING BUT NOT LIMITED TO HEROIN AND
OTHER OPIOIDS.
  3. COLLEGES MAY USE EVIDENCE-BASED ALCOHOL AND SUBSTANCE USE SCREENING
INSTRUMENTS  ALREADY  APPROVED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES. THE COMMISSIONER, IN COLLABORATION WITH THE COMMISSIONER
OF HEALTH AND THE OFFICE OF ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES,
SHALL  DEVELOP GUIDANCE FOR COLLEGES AND PROVIDE RESOURCES AND MATERIALS
TO ASSIST IN THE DEVELOPMENT OF A DRUG PREVENTION  PROGRAM  AND  ALCOHOL
AND DRUG INTAKE ASSESSMENT.
  S  2. This act shall take effect the first of July next succeeding the
date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06069-01-5

senate Bill S1629

Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable

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

Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable.

Bill Details

See Assembly Version of this Bill:
A1354
Versions:
S1629
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §396, Gen Bus L

Sponsor Memo

BILL NUMBER:S1629

TITLE OF BILL: An act to amend the general business law, in relation
to authorizing the attorney general to bring an action for violation
of the prohibitions concerning unlawful selling practices and
specifying damages awardable

PURPOSE OF THE BILL:

Authorizes the attorney general to bring an action to protect
consumers who are sent unsolicited goods and later billed with their
only recourse being sending back the goods at their own expense.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 396 of the general business law
as it relates to authorizing the attorney general to take action
against violations of the unsolicited and unordered good provisions.
It allows the attorney general to recover damages of either the actual
damages or up to $500 for each violation. The court may also award the
costs of the action together with reasonable attorney's fees.

JUSTIFICATION:

Consumers are sometimes sent unsolicited goods under the pretense that
they will not be charged if they return the goods. This requires the
consumer to both buy postage and the take the time and energy to pack
up and mail out a product they never ordered in the first place. If
consumers simply ignore the matter they are threatened with collection
notices and credit report damage. This practice is deceptive and
unethical and the Attorney General should be empowered to stop it.

PRIOR LEGISLATIVE HISTORY:

A.2213 of 2011-12;
A.8049 of 2009-10.

FISCAL IMPLICATIONS FOR STATE:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to all selling
practices pertaining to unordered goods.

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

                                  1629

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to authorizing the
  attorney  general to bring an action for violation of the prohibitions
  concerning unlawful selling practices and specifying damages awardable

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

  Section  1.  Subdivision 3 of section 396 of the general business law,
as amended by chapter 99 of the laws of 1966,  is  amended  to  read  as
follows:
  3. A. Whenever there shall be a violation of this section, an applica-
tion  may  be  made by the attorney general in the name of the people of
the state of New York to a court or justice having jurisdiction to issue
an injunction, and upon notice to the defendant of not  less  than  five
days,  to  enjoin and restrain the continuance of such violation; and if
it shall appear to the satisfaction of the court  or  justice  that  the
defendant  is,  in  fact,  violating  this section, an injunction may be
issued by such court or justice, enjoining and restraining  such  action
or violation, without requiring proof that any person has, in fact, been
misled or deceived or otherwise damaged thereby.
  B. IN ADDITION TO THE AUTHORITY GRANTED TO THE ATTORNEY GENERAL PURSU-
ANT  TO  PARAGRAPH  A OF THIS SUBDIVISION AND THE AUTHORITY GRANTED TO A
RECIPIENT PURSUANT TO PARAGRAPH A OF SUBDIVISION TWO  OF  THIS  SECTION,
THE  ATTORNEY  GENERAL,  OR ANY PERSON ADVERSELY AFFECTED BY REASON OF A
VIOLATION OF THE PROVISIONS OF SUBDIVISION  TWO  OF  THIS  SECTION,  MAY
BRING AN ACTION AGAINST A PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVI-
SION TWO OF THIS SECTION TO RECOVER THE GREATER OF:
  (1) ACTUAL DAMAGES; OR
  (2) UP TO FIVE HUNDRED DOLLARS FOR EACH INSTANCE IN WHICH GOODS, WARES
OR  MERCHANDISE  WERE SENT IN VIOLATION OF THE PROVISIONS OF SUBDIVISION
TWO OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00521-01-5

S. 1629                             2

  C. IN AN ACTION UNDER PARAGRAPH B OF THIS SUBDIVISION  THE  COURT  MAY
AWARD  THE  COSTS OF THE ACTION TOGETHER WITH REASONABLE ATTORNEY'S FEES
TO A PREVAILING PLAINTIFF.
  D.  NOTHING  IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS OR REMEDIES
WHICH ARE OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL  OR  ANY
OTHER PERSON AUTHORIZED TO BRING AN ACTION UNDER THIS SECTION.
  S  2.  This  act  shall take effect immediately and shall apply to all
selling practices pertaining to unordered goods.

senate Bill S1623

Enacts the "responsible alcohol education act"

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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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Summary

Enacts the responsible alcohol education act; establishes on-premise liquor licenses for certified educators of alcoholic beverage instructional courses and special permits for registered lecturers to conduct these courses.

Bill Details

See Assembly Version of this Bill:
A2307
Versions:
S1623
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §3, add §§55-d, 58-d, 63-b, 80-a & 99-h, ABC L

Sponsor Memo

BILL NUMBER:S1623

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to establishing on-premise liquor licenses for certified
educators of alcoholic beverage instructional courses, establishing
special permits for registered lecturers to conduct these courses, and
establishing the "responsible alcohol education act"

PURPOSE:

The purpose of this bill is to allow the State Liquor Authority to
issue on-premise liquor licenses to Certified Educators of alcoholic
beverages, as well as special permits to Registered Lecturers to
conduct these classes.

SUMMARY OF PROVISIONS:

This legislation would allow the State Liquor Authority to grant
on-premise liquor licenses to "Certified Educators" in order to hold
alcohol appreciation/education/tasting seminars and classes.
"Registered Lecturers" retained by the Certified Educator may be
granted a special permit by the Authority in order to conduct and
oversee such classes subject to the control of the Certified Educator.
Amends provisions of alcoholic beverage control law relating to
definitions, licenses for beer, cider, liquor, and wine, and special
permits.

JUSTIFICATION:

This bill would allow expert alcohol beverage educators and their
staff to conduct alcoholic beverage seminars (with a tasting
component) for a fee at designated locations with the approval of the
State Liquor Authority. Currently, alcohol education/tasting classes
are being forced to close because they do not have on-premise liquor
licenses for alcohol consumption. This bill would allow these types of
classes to continue in order to educate individuals on alcohol
appreciation, thus leading to more informed consumers who will
hopefully choose to support their local wine, beer, and spirits
stores.

LEGISLATIVE HISTORY:

2013-2014: A. 10113 Economic Development

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This bill shall take effect on the one hundred twentieth day after it
shall have become a law

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

                                  1623

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  establishing on-premise liquor licenses  for  certified  educators  of
  alcoholic beverage instructional courses, establishing special permits
  for  registered  lecturers  to conduct these courses, and establishing
  the "responsible alcohol education act"

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

  Section  1. This act shall be known and may be cited as the "responsi-
ble alcohol education act."
  S 2. Section 3 of the alcoholic beverage control  law  is  amended  by
adding a new subdivision 7-aa to read as follows:
  7-AA.  "CERTIFIED EDUCATOR" MEANS ANY PERSONS OR COMPANY OWNED AND RUN
BY PERSONS WHO HAVE APPROPRIATE CREDENTIALING  AND  WHO  ENGAGE  IN  THE
SPECIFIC  BUSINESS  OF  CREATING,  SELLING,  AND EXECUTING INSTRUCTIONAL
COURSES IN THE CONSUMPTION AND APPRECIATION OF WINE, BEER, AND  SPIRITS.
CERTIFIED  EDUCATORS  MUST POSSESS CERTIFICATION THAT IS SATISFACTORY TO
THE STATE LIQUOR AUTHORITY ("AUTHORITY"), INCLUDING, BUT NOT LIMITED  TO
THE  FOLLOWING:  (A)  A  CERTIFIED  SPECIALIST OF WINE OR CERTIFIED WINE
EDUCATOR STATUS AS CONFERRED BY THE SOCIETY OF  WINE  EDUCATORS;  (B)  A
WINE  AND  SPIRITS  EDUCATION  TRUST  DIPLOMA; (C) STATUS AS A CERTIFIED
SOMMELIER; (D) THE COMPLETION OF A WINE INDUSTRY PROGRAM AT A  TECHNICAL
COLLEGE  OR  CULINARY  SCHOOL;  (E)  CERTIFICATION  AS  A  CICERONE; (F)
COMPLETION OF COURSEWORK FROM THE  MASTER  BREWERS  ASSOCIATION  OF  THE
AMERICAS;  (G)  OR  ANY  OTHER  CERTIFICATION  PROGRAM ACCEPTABLE TO THE
AUTHORITY. CERTIFIED EDUCATORS MUST ALSO COMPLETE  TRAINING  FOR  INTER-
VENTION  PROCEDURES  (TIPS) OR OTHER CERTIFIED ALCOHOL TRAINING PROGRAMS
AND HAVE A VALID CERTIFICATE ON FILE  WITH  THE  AUTHORITY.    CERTIFIED
EDUCATORS  MAY  INDIVIDUALLY PERFORM INSTRUCTIONAL COURSES OR BE ALLOWED
TO RETAIN REGISTERED LECTURERS TO SERVE AS THE ON-SITE  SUPERVISORS  AND
TEACHERS OF EACH CLASS AND TO OVERSEE THE POURING OF BEVERAGES BY VOLUN-
TEERS WORKING UNDER THEIR DIRECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06404-01-5

S. 1623                             2

  S  3.  Section  3  of the alcoholic beverage control law is amended by
adding a new subdivision 24-a to read as follows:
  24-A.  "REGISTERED  LECTURER"  MEANS  ANY PERSON WHO POSSESSES CERTIF-
ICATION THAT IS SATISFACTORY TO THE AUTHORITY AND WHO IS RETAINED  BY  A
CERTIFIED  EDUCATOR  FOR THE PURPOSE OF ON-SITE SUPERVISION AND INSTRUC-
TION OF EACH CLASS, AS WELL AS  TO  OVERSEE  THE  POURING  OF  ALCOHOLIC
BEVERAGES BY VOLUNTEERS WORKING UNDER THEIR DIRECTION.
  S  4.  The  alcoholic  beverage control law is amended by adding a new
section 55-d to read as follows:
  S 55-D. CERTIFIED EDUCATOR'S  LICENSES.  THE  AUTHORITY  MAY  ISSUE  A
"CERTIFIED  EDUCATOR  LICENSE"  TO  A PERSON OR COMPANY OWNED AND RUN BY
PERSONS WHO MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION  SEVEN-AA  OF
SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
PER  LICENSE  TO  A CERTIFIED EDUCATOR OF ALCOHOLIC BEVERAGES, UNDER THE
FOLLOWING CONDITIONS:
  1. LICENSES SHALL BE LIMITED TO A  PERMANENT  LOCATION  WHERE  CLASSES
WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
THE CHANGE TO THE COURSE'S LOCATION;
  2.  THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC BEVERAGES
FROM DOMESTIC WHOLESALERS, WITH THE DECISIONS TO BE MADE  BASED  ON  THE
JUDGMENT OF THE CERTIFIED EDUCATOR;
  3.  THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL DATE
OF ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE  AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  4.  THE  LICENSE  MAY  BE USED TO SERVE ALCOHOLIC BEVERAGES FOR EDUCA-
TIONAL PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF  TWENTY-ONE
IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
  5.  ALL  EVENTS  CONDUCTED  PURSUANT TO THIS LICENSE MUST BE CONDUCTED
THROUGH ADVANCE REGISTRATION, AND  NO  WALK-IN  ACCESS  TO  THE  GENERAL
PUBLIC IS PERMITTED;
  6.  ALL  PERSONS  RETAINED  BY  A  CERTIFIED EDUCATOR TO ENGAGE IN THE
INSTRUCTION AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL  PERMITS,
AS  SPECIFIED  IN SECTION NINETY-NINE-H OF THIS CHAPTER, THAT ARE ISSUED
BY THE AUTHORITY FOR  THE  PURPOSE  OF  SUPERVISING  CLASSES,  PROVIDING
EDUCATIONAL  INSTRUCTION  ON ALCOHOLIC BEVERAGES, OVERSEEING THE POURING
OF BEVERAGES BY VOLUNTEERS, AND CARRYING ON  THE  ACTIVITIES  ASSOCIATED
WITH ALCOHOLIC BEVERAGE EDUCATION;
  7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
  8. EXCEPT AS PROVIDED FOR IN THIS  SECTION,  CERTIFIED  EDUCATORS  MAY
HOLD  CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A LIQUOR
LICENSE, SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC  ZONING
LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
TOR AND APPROVAL BY THE AUTHORITY;
  9.  CLASSES  SHALL  NOT  BE  CONDUCTED DURING BUSINESS HOURS AT RETAIL
BUSINESSES THAT DO NOT HAVE  A  LIQUOR  LICENSE  NOR  SHALL  CLASSES  BE
CONDUCTED  AFTER  HOURS  AT  A  RETAIL  BUSINESS THAT DOES HAVE A LIQUOR
LICENSE;
  10. CERTIFIED EDUCATORS SHALL MAINTAIN A  SUITABLE  LEVEL  OF  GENERAL
LIABILITY  INSURANCE,  AND THE POLICY SHALL BE REPORTED TO THE AUTHORITY
ALONG WITH THE LICENSE APPLICATION;
  11. PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER  THIS
SECTION,  THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS AND
LOCATION OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL  INCLUDE

S. 1623                             3

INFORMATION  THAT  PERTAINS  TO  THE EXACT DURATION AND LOCATION OF EACH
CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
  12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 5. The alcoholic beverage control law is amended  by  adding  a  new
section 58-d to read as follows:
  S  58-D.  CERTIFIED  EDUCATOR'S  LICENSES.  THE  AUTHORITY MAY ISSUE A
"CERTIFIED EDUCATOR LICENSE" TO A PERSON OR COMPANY  OWNED  AND  RUN  BY
PERSONS  WHO  MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA OF
SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
PER LICENSE TO A CERTIFIED EDUCATOR OF ALCOHOLIC  BEVERAGES,  UNDER  THE
FOLLOWING CONDITIONS:
  1.  LICENSES  SHALL  BE  LIMITED TO A PERMANENT LOCATION WHERE CLASSES
WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
THE CHANGE TO THE COURSE'S LOCATION;
  2. THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC  BEVERAGES
FROM  DOMESTIC  WHOLESALERS,  WITH THE DECISIONS TO BE MADE BASED ON THE
JUDGMENT OF THE CERTIFIED EDUCATOR;
  3. THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL  DATE
OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  4. THE LICENSE MAY BE USED TO SERVE  ALCOHOLIC  BEVERAGES  FOR  EDUCA-
TIONAL  PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF TWENTY-ONE
IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
  5. ALL EVENTS CONDUCTED PURSUANT TO THIS  LICENSE  MUST  BE  CONDUCTED
THROUGH  ADVANCE  REGISTRATION,  AND  NO  WALK-IN  ACCESS TO THE GENERAL
PUBLIC IS PERMITTED;
  6. ALL PERSONS RETAINED BY A  CERTIFIED  EDUCATOR  TO  ENGAGE  IN  THE
INSTRUCTION  AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL PERMITS,
AS SPECIFIED IN SECTION NINETY-NINE-H OF THIS CHAPTER, THAT  ARE  ISSUED
BY  THE  AUTHORITY  FOR  THE  PURPOSE  OF SUPERVISING CLASSES, PROVIDING
EDUCATIONAL INSTRUCTION ON ALCOHOLIC BEVERAGES, OVERSEEING  THE  POURING
OF  BEVERAGES  BY  VOLUNTEERS, AND CARRYING ON THE ACTIVITIES ASSOCIATED
WITH ALCOHOLIC BEVERAGE EDUCATION;
  7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
  8.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, CERTIFIED EDUCATORS MAY
HOLD CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A  LIQUOR
LICENSE,  SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC ZONING
LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
TOR AND APPROVAL BY THE AUTHORITY;
  9. CLASSES SHALL NOT BE CONDUCTED  DURING  BUSINESS  HOURS  AT  RETAIL
BUSINESSES  THAT  DO  NOT  HAVE  A  LIQUOR  LICENSE NOR SHALL CLASSES BE
CONDUCTED AFTER HOURS AT A RETAIL  BUSINESS  THAT  DOES  HAVE  A  LIQUOR
LICENSE;
  10.  CERTIFIED  EDUCATORS  SHALL  MAINTAIN A SUITABLE LEVEL OF GENERAL
LIABILITY INSURANCE, AND THE POLICY SHALL BE REPORTED TO  THE  AUTHORITY
ALONG WITH THE LICENSE APPLICATION;

S. 1623                             4

  11.  PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER THIS
SECTION, THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS  AND
LOCATION  OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL INCLUDE
INFORMATION THAT PERTAINS TO THE EXACT DURATION  AND  LOCATION  OF  EACH
CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
  12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 6. The alcoholic beverage control law is amended  by  adding  a  new
section 63-b to read as follows:
  S  63-B.  CERTIFIED  EDUCATOR'S  LICENSES.  THE  AUTHORITY MAY ISSUE A
"CERTIFIED EDUCATOR LICENSE" TO A PERSON OR COMPANY  OWNED  AND  RUN  BY
PERSONS  WHO  MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA OF
SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
PER LICENSE TO A CERTIFIED EDUCATOR OF ALCOHOLIC  BEVERAGES,  UNDER  THE
FOLLOWING CONDITIONS:
  1.  LICENSES  SHALL  BE  LIMITED TO A PERMANENT LOCATION WHERE CLASSES
WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
THE CHANGE TO THE COURSE'S LOCATION;
  2. THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC  BEVERAGES
FROM  DOMESTIC  WHOLESALERS,  WITH THE DECISIONS TO BE MADE BASED ON THE
JUDGMENT OF THE CERTIFIED EDUCATOR;
  3. THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL  DATE
OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  4. THE LICENSE MAY BE USED TO SERVE  ALCOHOLIC  BEVERAGES  FOR  EDUCA-
TIONAL  PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF TWENTY-ONE
IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
  5. ALL EVENTS CONDUCTED PURSUANT TO THIS  LICENSE  MUST  BE  CONDUCTED
THROUGH  ADVANCE  REGISTRATION,  AND  NO  WALK-IN  ACCESS TO THE GENERAL
PUBLIC IS PERMITTED;
  6. ALL PERSONS RETAINED BY A  CERTIFIED  EDUCATOR  TO  ENGAGE  IN  THE
INSTRUCTION  AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL PERMITS,
AS SPECIFIED IN SECTION NINETY-NINE-H OF THIS CHAPTER, THAT  ARE  ISSUED
BY  THE  AUTHORITY  FOR  THE  PURPOSE  OF SUPERVISING CLASSES, PROVIDING
EDUCATIONAL INSTRUCTION ON ALCOHOLIC BEVERAGES, OVERSEEING  THE  POURING
OF  BEVERAGES  BY  VOLUNTEERS, AND CARRYING ON THE ACTIVITIES ASSOCIATED
WITH ALCOHOLIC BEVERAGE EDUCATION;
  7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
  8.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, CERTIFIED EDUCATORS MAY
HOLD CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A  LIQUOR
LICENSE,  SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC ZONING
LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
TOR AND APPROVAL BY THE AUTHORITY;
  9. CLASSES SHALL NOT BE CONDUCTED  DURING  BUSINESS  HOURS  AT  RETAIL
BUSINESSES  THAT  DO  NOT  HAVE  A  LIQUOR  LICENSE NOR SHALL CLASSES BE
CONDUCTED AFTER HOURS AT A RETAIL  BUSINESS  THAT  DOES  HAVE  A  LIQUOR
LICENSE;

S. 1623                             5

  10.  CERTIFIED  EDUCATORS  SHALL  MAINTAIN A SUITABLE LEVEL OF GENERAL
LIABILITY INSURANCE, AND THE POLICY SHALL BE REPORTED TO  THE  AUTHORITY
ALONG WITH THE LICENSE APPLICATION;
  11.  PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER THIS
SECTION, THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS  AND
LOCATION  OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL INCLUDE
INFORMATION THAT PERTAINS TO THE EXACT DURATION  AND  LOCATION  OF  EACH
CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
  12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 7. The alcoholic beverage control law is amended  by  adding  a  new
section 80-a to read as follows:
  S  80-A.  CERTIFIED  EDUCATOR'S  LICENSES.  THE  AUTHORITY MAY ISSUE A
"CERTIFIED EDUCATOR LICENSE" TO A PERSON OR COMPANY  OWNED  AND  RUN  BY
PERSONS  WHO  MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA OF
SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
PER LICENSE TO A CERTIFIED EDUCATOR OF ALCOHOLIC  BEVERAGES,  UNDER  THE
FOLLOWING CONDITIONS:
  1.  LICENSES  SHALL  BE  LIMITED TO A PERMANENT LOCATION WHERE CLASSES
WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
THE CHANGE TO THE COURSE'S LOCATION;
  2. THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC  BEVERAGES
FROM  DOMESTIC  WHOLESALERS,  WITH THE DECISIONS TO BE MADE BASED ON THE
JUDGMENT OF THE CERTIFIED EDUCATOR;
  3. THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL  DATE
OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  4. THE LICENSE MAY BE USED TO SERVE  ALCOHOLIC  BEVERAGES  FOR  EDUCA-
TIONAL  PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF TWENTY-ONE
IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
  5. ALL EVENTS CONDUCTED PURSUANT TO THIS  LICENSE  MUST  BE  CONDUCTED
THROUGH  ADVANCE  REGISTRATION,  AND  NO  WALK-IN  ACCESS TO THE GENERAL
PUBLIC IS PERMITTED;
  6. ALL PERSONS RETAINED BY A  CERTIFIED  EDUCATOR  TO  ENGAGE  IN  THE
INSTRUCTION  AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL PERMITS,
AS SPECIFIED IN SECTION NINETY-NINE-H OF THIS CHAPTER, THAT  ARE  ISSUED
BY  THE  AUTHORITY  FOR  THE  PURPOSE  OF SUPERVISING CLASSES, PROVIDING
EDUCATIONAL INSTRUCTION ON ALCOHOLIC BEVERAGES, OVERSEEING  THE  POURING
OF  BEVERAGES  BY  VOLUNTEERS, AND CARRYING ON THE ACTIVITIES ASSOCIATED
WITH ALCOHOLIC BEVERAGE EDUCATION;
  7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
  8.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, CERTIFIED EDUCATORS MAY
HOLD CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A  LIQUOR
LICENSE,  SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC ZONING
LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
TOR AND APPROVAL BY THE AUTHORITY;
  9. CLASSES SHALL NOT BE CONDUCTED  DURING  BUSINESS  HOURS  AT  RETAIL
BUSINESSES  THAT  DO  NOT  HAVE  A  LIQUOR  LICENSE NOR SHALL CLASSES BE

S. 1623                             6

CONDUCTED AFTER HOURS AT A RETAIL  BUSINESS  THAT  DOES  HAVE  A  LIQUOR
LICENSE;
  10.  CERTIFIED  EDUCATORS  SHALL  MAINTAIN A SUITABLE LEVEL OF GENERAL
LIABILITY INSURANCE, AND THE POLICY SHALL BE REPORTED TO  THE  AUTHORITY
ALONG WITH THE LICENSE APPLICATION;
  11.  PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER THIS
SECTION, THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS  AND
LOCATION  OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL INCLUDE
INFORMATION THAT PERTAINS TO THE EXACT DURATION  AND  LOCATION  OF  EACH
CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
  12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 8. The alcoholic beverage control law is amended  by  adding  a  new
section 99-h to read as follows:
  S 99-H. REGISTERED LECTURERS. THE AUTHORITY MAY ISSUE A SPECIAL PERMIT
TO  A  PERSON MEETING THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA
OF SECTION THREE OF THIS CHAPTER, AT A  ONE-TIME  COST  OF  TWO  HUNDRED
DOLLARS, TO BE RENEWED BIANNUALLY, SUBJECT TO THE FOLLOWING CONDITIONS:
  1.  REGISTERED  LECTURERS  MUST  BE  DIRECTLY  RETAINED BY, AS WELL AS
SUBJECT TO THE CONTROL OF LICENSED CERTIFIED EDUCATORS;
  2. REGISTERED LECTURERS SHALL  BE  BOUND  BY  THE  SAME  CREDENTIALING
REQUIREMENTS  AS  ARE  CERTIFIED  EDUCATORS, AS SPECIFIED IN SUBDIVISION
SEVEN-AA OF SECTION THREE OF THIS CHAPTER;
  3. CERTIFIED EDUCATORS MAY EMPLOY AND UTILIZE ANY NUMBER OF REGISTERED
LECTURERS PER CLASS OR PER CURRICULUM, WITH THE  DECISIONS  TO  BE  MADE
BASED ON THE JUDGMENT OF THE CERTIFIED EDUCATOR;
  4.  REGISTERED  LECTURERS  SHALL NOT BE REQUIRED TO MAINTAIN THEIR OWN
GENERAL LIABILITY INSURANCE;
  5. REGISTERED LECTURERS SHALL HAVE THE ABILITY TO CONDUCT  ALL  ACTIV-
ITIES  ASSOCIATED  WITH  ALCOHOL EDUCATION, INCLUDING BUT NOT LIMITED TO
SUPERVISING CLASSES,  PROVIDING  EDUCATIONAL  INSTRUCTION  ON  ALCOHOLIC
BEVERAGES, AND OVERSEEING THE POURING OF BEVERAGES BY VOLUNTEERS; EXCEPT
THAT  THE  PERMIT  SHALL  NOT  ALLOW REGISTERED LECTURERS TO PURCHASE OR
PROCURE ALCOHOLIC BEVERAGES FOR THE PURPOSES OF ALCOHOL EDUCATION;
  6. PERMITS FOR REGISTERED LECTURERS SHALL BE APPLIED FOR  THROUGH  THE
AUTHORITY  NO  LATER  THAN  THIRTY DAYS PRIOR TO THE COMMENCEMENT OF THE
FIRST CLASS OR COURSE TAUGHT BY THE REGISTERED LECTURER;
  7. THE PERMIT MUST BE RENEWED EVERY TWO YEARS FROM THE  ORIGINAL  DATE
OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  8. REGISTERED LECTURERS SHALL HOLD  CLASSES  AT  LOCATIONS  THAT  WERE
PREVIOUSLY  APPROVED  BY  THE CERTIFIED EDUCATOR AND FOLLOWED THE PROCE-
DURES  SPECIFIED  IN   SUBDIVISION   TEN   OF   SECTIONS   FIFTY-FIVE-D,
FIFTY-EIGHT-D, SIXTY-THREE-B AND EIGHTY-A OF THIS CHAPTER;
  9.  REGISTERED  LECTURERS SHALL BE SUBJECT TO THE POWERS AND DUTIES OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  10. THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN  FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 9. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

senate Bill S1621

Requires institutions of higher education to disclose the average dollar amount of institutional aid awarded to students

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Bill Status


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

actions

Summary

Requires institutions of higher education to disclose the average dollar amount of institutional aid awarded to students.

Bill Details

Versions:
S1621
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §6406, Ed L

Sponsor Memo

BILL NUMBER:S1621

TITLE OF BILL: An act to amend the education law, in relation to the
disclosure of average awards by institutions of higher education

PURPOSE:

This Bill requires institutions of higher education to disclose the
average dollar amount of institutional aid awarded to students with an
annual incomes of less than two hundred thousand dollars ($200,000).

SUMMARY OF PROVISIONS:

Section 1. amends the education law by defining the tennis
"institution of higher education" an "income."

Section 2. amends the education law by requiring institutions of
higher education to disclose the average dollar amount of
institutional aid awarded to students with an annual incomes of less
than two hundred thousand dollars. Such disclosure shall be made for
each level of annual income in twenty thousand dollar increments.
This information shall be available in written form upon request of
any person and shall be set forth on the institutions web site and in
their catalog.

JUSTIFICATION:

Tuition discounting is the practice of using institutional aid to
adjust tuition levels to best match what students and families are
willing to pay. Almost half of private, four-year institutions with at
least 1,000 students provide discounts to 90% or more of their
students.

Financial aid awards for a student can vary dramatically between
colleges, and it is nearly impossible for students who are evaluating
a particular institution to predict the amount of institutional aid
that they may receive. Unless this information is provided to them,
prospective students are unable to obtain a realistic idea of the
financial aid package that they may receive.

LEGISLATIVE HISTORY:

2013-14 S.2029A;
2011-12 S.1001A;
2009-10 S.877;
2007-08, S.7215-A.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Sections 2(a) and 2(b) of this act shall take effect on the sixtieth
day after it becomes law and Section 2(c) shall take effect on July 1,
2016.


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

                                  1621

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- 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  the  disclosure  of
  average awards by institutions of higher education

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

  Section 1. The education law is amended by adding a new  section  6406
to read as follows:
  S  6406. DISCLOSURE OF AVERAGE AWARDS BY INSTITUTIONS OF HIGHER EDUCA-
TION. 1. FOR PURPOSES OF THIS SECTION THE TERM  "INSTITUTION  OF  HIGHER
EDUCATION"  SHALL  MEAN  AN  INSTITUTION THAT MEETS THE REQUIREMENTS SET
FORTH IN SUBDIVISION TWO OF SECTION SIXTY-FOUR HUNDRED ONE OF THIS ARTI-
CLE, OR AS DEFINED IN SUBDIVISIONS TWO, THREE, OR FOUR OF SECTION  THREE
HUNDRED  FIFTY  OF THIS CHAPTER, OR SUBDIVISIONS FOUR OR FIVE OF SECTION
SIXTY-TWO HUNDRED TWO OF THIS TITLE AND THE TERM "INCOME" SHALL HAVE THE
SAME MEANING AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF  SECTION  SIX
HUNDRED SIXTY-THREE OF THIS CHAPTER.
  2.  EACH  INSTITUTION  OF HIGHER EDUCATION LOCATED IN THIS STATE SHALL
DISCLOSE THE AVERAGE DOLLAR AMOUNT OF AID AWARDED BY THE INSTITUTION  TO
STUDENTS  WITH  AN  ANNUAL  INCOME  OF  LESS  THAN  TWO HUNDRED THOUSAND
DOLLARS. SUCH DISCLOSURE SHALL BE MADE FOR EACH LEVEL OF  ANNUAL  INCOME
IN  TWENTY  THOUSAND  DOLLAR INCREMENTS. SUCH DISCLOSURE SHALL BE AVAIL-
ABLE: (A) IN WRITTEN FORM UPON REQUEST BY ANY PERSON; (B) ON THE WEBSITE
OF SUCH INSTITUTION; AND (C) IN SUCH INSTITUTION'S CATALOGUE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law;  provided  that the provisions of paragraph (c) of
subdivision 2 of section 6406 of the education law added by section  one
of this act shall take effect July 1, 2016.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00863-01-5

senate Bill S1620

Authorizes the commissioner of education to restrict the sale and advertisement of alcoholic beverages at certain sporting events

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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

Authorizes the commissioner of education to restrict the sale and advertisement of alcoholic beverages at sporting events participated in by any state university of New York, city university of New York or community college.

Bill Details

See Assembly Version of this Bill:
A88
Versions:
S1620
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §319, Ed L

Sponsor Memo

BILL NUMBER:S1620

TITLE OF BILL:

An act to amend the education law, in relation to authorizing the
commissioner of education to restrict the sale and advertisement of
alcoholic beverages at sporting events participated in by any state
university of New York, city university of New York or community
college

PURPOSE:

Provides for the elimination of alcohol and/or alcohol or alcohol
related advertisements at sporting events participated by any public
college or public university in New York State.

SUMMARY OF PROVISIONS:

Section 1 provides for the legislative intent. This section explains
the significance of sporting events in youth development. Children who
watch or attend sporting events learn important values. The
advertising of alcohol at such events has detrimental consequences for
young viewers. The marketing of alcohol products at sporting events is
not consistent with New York's mission of higher education.

Section 2 amends the education law by adding a new section 319 which
prohibits the sale and advertisement of alcohol at college sporting
events that take place on state or city college and university
campuses, including community colleges. The board of trustees of the
city university system and the board of trustees of the state
university system will be authorized to promulgate the rules and
regulations of this act. This section also clearly defines the term
"sporting event" and exempts the sale of alcohol at alumni and other
non-student events, as well as the advertisement of alcoholic
beverages at on-campus tournaments from the prohibition.

Section 3 provides for an effective date.

JUSTIFICATION:

Sporting events are frequently watched and attended by young children
and the advertising of alcohol at these events can lead to
irresponsible drinking. Given the extent of underage and binge
drinking on college campuses, it is essential for New York to take a
proactive stance towards defeating this problem. By eliminating the
presence of alcohol and banning alcohol related advertisements from
New York State college and university sporting events, we remain
committed to our mission of higher education and more importantly,
committed to decreasing the incidences of preventable death in our
youth.

LEGISLATIVE HISTORY:

2013-14 S.2883A;
2011-12 S.3832;
2009-10 S.3609;
2007-08, S.3749-A.


FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.

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

                                  1620

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- 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  authorizing  the
  commissioner  of  education  to restrict the sale and advertisement of
  alcoholic beverages at sporting events participated in  by  any  state
  university  of  New  York,  city  university  of New York or community
  college

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

  Section 1. Legislative findings and intent. The legislature finds that
1,700 students lose their lives to alcohol each year, and 500,000 others
are  injured.  The legislature also finds that about 70,000 students are
victims of alcohol-related sexual  assaults.    Additionally,  many  New
Yorkers believe that sports play a significant role in youth development
and  helps  build  good  character in children, and it is not just young
people who play sports who benefit -- many New Yorkers say that children
who simply watch or attend sporting events learn important values. More-
over, many adults say that there are real  and  measurable  consequences
associated with alcohol advertising during sports that negatively affect
teenagers  and  other  viewers.  Further, New Yorkers are very concerned
about underage and binge drinking on our state's campuses. They think it
is wrong for universities and colleges to make money from alcohol adver-
tising on college sports while they are trying to  reduce  underage  and
binge drinking on their campuses. New Yorkers further think that alcohol
advertising  at college sporting events is inconsistent with the mission
of higher  education.  Many  parents  and  other  adults  reject  higher
education's  acceptance  of alcohol advertising and support breaking the
tie between college sports and alcohol ads. Many  New  Yorkers  strongly
support an outright ban on all alcohol advertising during college sports
broadcasts.  For  these reasons, the legislature supports the passage of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01550-01-5

S. 1620                             2

this act limiting the presence of  alcohol  at  college  and  university
sporting events.
  S  2. The education law is amended by adding a new section 319 to read
as follows:
  S 319. PROHIBITION AGAINST THE SALE AND ADVERTISEMENT OF  ALCOHOL.  1.
THE  BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND THE TRUS-
TEES OF THE CITY UNIVERSITY OF NEW YORK  ARE  AUTHORIZED  TO  PROMULGATE
RULES,  REGULATIONS, OR POLICIES PROHIBITING ANY STATE UNIVERSITY OF NEW
YORK OR CITY UNIVERSITY OF NEW YORK RESPECTIVELY,  INCLUDING  ALL  THEIR
CONSTITUENT  UNITS  INCLUDING  COMMUNITY  COLLEGES,  WHICH ARE RECEIVING
FUNDING OR FINANCIAL ASSISTANCE FROM THIS STATE, FROM:
  (A) ALLOWING THE ADVERTISEMENT OF ALCOHOLIC BEVERAGES OF ANY  KIND  IN
ASSOCIATION WITH ANY SPORTING EVENT; THIS PROHIBITION SHALL INCLUDE, BUT
NOT BE LIMITED TO, SIGNAGE, PRINT, RADIO AND TELEVISION ADVERTISING;
  (B)  ALLOWING  SPONSORSHIP  OF  ANY  ATHLETIC TEAMS BY ANY ENTITY THAT
MANUFACTURES ALCOHOLIC BEVERAGES; AND
  (C) ALLOWING THE SALE OF ANY ALCOHOLIC BEVERAGES AT A SPORTING EVENT.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM "SPORTING  EVENT"  SHALL
MEAN  ANY EVENT INCLUDING ATHLETES, CONDUCTED IN A FIELD OF PLAY OF SUCH
EVENT, INCLUDING, BUT NOT LIMITED TO, TENNIS, BOXING,  WRESTLING,  BASE-
BALL, BASKETBALL, FOOTBALL, HOCKEY, SOCCER OR VOLLEYBALL THAT IS HELD ON
A STATE UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK CAMPUS.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.

senate Bill S1616

Amended

Establishes the "rebuild and renew public higher education facilities fund"

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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 "rebuild and renew public higher education facilities fund".

Bill Details

Versions:
S1616
S1616A
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Add §99-w, St Fin L

Sponsor Memo

BILL NUMBER:S1616

TITLE OF BILL:

An act to amend the state finance law, in relation to establishing the
"rebuild and renew public higher education facilities fund"

PURPOSE:

To establish a fund in the joint custody of the State Comptroller and
Commissioner of Taxation and Finance to pay for the costs of
unanticipated emergency repairs to public higher education.

SUMMARY OF PROVISIONS:

Section 1 amends the state finance law to add a new section to
establish the "rebuild and renew public higher education facilities
fund".

Section 2 sets forth the effective date.

JUSTIFICATION:

The recent floods, as a result of hurricane Irene and campus based
fires have caused considerable damage at Binghamton, Cobleskill, Delhi
and Canton. As a result, these campuses are faced with the prospect of
undertaking extensive unanticipated repairs and reconstruction of
critical campus facilities. Currently, these campuses have no source
to fund these repairs other than capital funds already appropriated
and dedicated to approved projects, thus those projects must be
postponed or cancelled. This legislation would create a fund subject
to appropriation to meet these emergency needs.

LEGISLATIVE HISTORY:

2013-14 S.1656A;
2012 S.7338.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately and shall be deemed to have been in full force and effect
on and after January 1, 2015.

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

                                  1616

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

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

AN ACT to amend the state finance law, in relation to  establishing  the
  "rebuild and renew public higher education facilities fund"

  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. REBUILD AND RENEW PUBLIC HIGHER EDUCATION FACILITIES FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMP-
TROLLER  AND  THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO
BE KNOWN AS THE "REBUILD AND RENEW PUBLIC  HIGHER  EDUCATION  FACILITIES
FUND."
  2.  THIS FUND SHALL CONTAIN ALL MONEYS APPROPRIATED BY THE LEGISLATURE
AND PROCEEDS RECEIVED FROM THE SALE OF STATE PERSONAL INCOME TAX REVENUE
BONDS BY AUTHORIZED  ISSUERS  PURSUANT  TO  SECTIONS  SIXTY-EIGHT-A  AND
SIXTY-EIGHT-B OF THIS CHAPTER. SUCH MONEYS SHALL BE USED ONLY TO PAY FOR
THE  COST  OF  UNANTICIPATED  EMERGENCY REPAIRS INCLUDING MAJOR FACILITY
REHABILITATION OR REPLACEMENT TO ANY PUBLIC  HIGHER  EDUCATION  FACILITY
CAUSED  BY  BUT  NOT LIMITED TO, FIRE, FLOOD, HAZARDOUS MATERIAL CONTAM-
INATION, INCLEMENT WEATHER, ACTS OF GOD  OR  ANY  OTHER  INCIDENT  WHICH
CAUSES UNANTICIPATED DAMAGE TO SUCH FACILITIES.
  3.  EXPENDITURES FROM THIS FUND SHALL BE MADE ONLY UPON THE WARRANT OF
A CHANCELLOR OF A PUBLIC HIGHER EDUCATION SYSTEM AND THE ISSUANCE  OF  A
CERTIFICATE OF AVAILABILITY OF FUNDS BY THE DIRECTOR OF THE BUDGET. SUCH
WARRANTS  AND  CERTIFICATES  SHALL BE FILED WITH THE CHAIR OF THE SENATE
FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS  AND  MEANS  COMMITTEE
AND THE STATE COMPTROLLER.
  4. STATE PERSONAL INCOME TAX REVENUE BONDS ISSUED PURSUANT TO SECTIONS
SIXTY-EIGHT-A  AND  SIXTY-EIGHT-B  OF  THIS CHAPTER ARE AUTHORIZED TO BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00477-01-5

S. 1616                             2

SOLD TO REIMBURSE THE STATE FOR EXPENDITURES MADE FOR THE  PURPOSES  SET
FORTH IN SUBDIVISION TWO OF THIS SECTION.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2015.

senate Bill S1614

Relates to establishing equalization rates for Greenburgh Central School District

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 establishing equalization rates for Greenburgh Central School District.

Bill Details

See Assembly Version of this Bill:
A212
Versions:
S1614
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §1230, RPT L

Sponsor Memo

BILL NUMBER:S1614

TITLE OF BILL:

An act to amend the real property tax law, in relation to establishing
equalization rates for Greenburgh central school district

PURPOSE OR GENERAL IDEA OF BILL:

To establish a special equalization rate for the Greenburgh central
school district commencing in the 2015-2016 school year.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends real property tax law section 1230
subdivision 3, as amended by section 54 part Al of chapter 58 of the
laws of 2006, by adding Greenburgh central school district to the list
of school districts for which special equalization rates have been
established.

Section 2 provides formulas for calculating aid apportioned to
Greenburgh central school district for any project for which aid is
first apportioned pursuant to subdivision 6 of section 3602 of the
education law on or after July 1, 2015; for calculating the selected
building aid ratio-equivalent which shall not be less than zero; and
for calculating the equivalent pupils of the school district. This
section also provides that the office of real property services shall
determine such equivalent actual valuation and it shall be final and
not subject to change on or after July first, two thousand sixteen.

Section 3 defines the effective date as immediately and applies this
act to the 2015-2016 school year.

JUSTIFICATION:

Greenburgh Central School District (the Greenburgh School District)
lies within the unincorporated Town of Greenburgh. For purposes of
computing Greenburgh School District's state aid to education, the
assessing unit is the Town of Greenburgh and includes the
unincorporated areas of Greenburgh, including Edgemont, a community
with far greater property value and income than the Greenburgh School
District. School-aged children residing in Edgemont attend the
Edgemont Union Free School District (Edgemont School District).

This legislation amends existing law to establish a special
equalization rate for the Greenburgh School District for the purpose
of determining actual valuation to calculate its operating and
building aid.

Under current law education state aid is determined through the use of
equalization rates. A State Equalization Rate is the percentage of
full value at which taxable real property in a county, city, town or
village is assessed as determined by the State Board of Equalization
and Assessment.


This determination assumes assessment at a uniform percentage of
value. Value is computed by dividing the assessed value of taxable
real property within a district by the State Equalization Rate.

Since the equalization rate used in the state aid formula is based on
the actual valuation of the entire unincorporated Town of Greenburgh
including the much wealthier community of Edgemont, the full value of
the property in the Greenburgh School District is overstated thereby
reducing the amount of education aid received by the district.

This legislation is intended to correct this inequitable situation by
calculating the equalization rate based on the total assessed value of
property in the Greenburgh School District only. In addition to
differing property wealth there are many additional reasons that
justify a special equalization rate for the Greenburgh School
District. Income wealth and socio/ethnic diversity in the Greenburgh
School District also differ greatly from the Edgemont School District.

Based on home property values and income, the Edgemont School District
is one of the wealthiest communities in New York State. According to
Multiple Listing Service statistics, the median residential sale price
for the year 2013 was $968,750 in Edgemont compared to $433,000 in the
Greenburgh School District. The median home price in Edgemont is more
than twice the median home price in the Greenburgh School District.
Moreover, the median residential sale price for the year 2013 in
Westchester County was $610,000 which is substantially higher than the
median sale price of a home in the Greenburgh School District but
substantially lower than a home in the Edgemont School District.

Edgemont's median family income ($176,493) is more than twice that of
the Greenburgh Central school's median family income ($87,660).
Edgemont's per capital income ($71,287) is almost twice that of the
Greenburgh School District's ($37,797). An even greater indicator of
the differences between the two communities is reflected in the
percentage of students who receive free/reduced lunch. 51% of
Greenburgh School District's students receive a free/reduced lunch;
Edgemont has 0% students receiving a free/reduced lunch. In addition,
Greenburgh School District's black and Hispanic population is 78%;
Edgemont School District's black and Hispanic population is 5%.

Utilizing an equalization rate based on the combined assessed value of
the Unincorporated Town of Greenburgh is unfair in its treatment of
the Greenburgh School District. The Greenburgh School District, the
poorer district, is penalized by incorporating the wealthier community
of the Edgemont School District's total assessed value into the
Unincorporated Town of Greenburgh's calculation. This method makes the
Greenburgh School District appear wealthier than is actually the case,
thereby lowering its fair share of state aid.

A comparison between The Greenburgh School District and a similar
school district, Tarrytown, confirms the current inequity.
Tarrytown's building aid ratio was 25% from 1996-2001 and 32% from
2001 to the present whereas the Greenburgh School District's has
remained steady at 4.8%.

Moreover, a comparison between the Greenburgh School District and
other wealthy school districts in Westchester County further


exemplifies the inequity of the building state aid received by the
Greenburgh School District. The Scarsdale Union Free School District's
building aid is 9.5%; Bronxville Union Free School District's building
aid is 10.1%; and Chappaqua Central School District's building aid is
23.6%

Precedent for the establishment of special equalization rates for
school districts in similar circumstances as the Greenburgh School
District is firmly established in the law.

In 1983, the then Governor signed into law legislation to require the
State Board of Equalization and Assessment to establish special
equalization rates for the Hempstead and Freeport Union Free School
Districts. The rationale for these special laws was that a "special"
rate should be established for education aid purposes because the
areas encompassed by these school districts were assessed at a higher
ratio of assessed value to market value than the Town of Hempstead as
a whole causing a hardship to these school districts (identical to the
Greenburgh School District situation).

In 1984, Governor Mario Cuomo vetoed special equalization rate bills
for four school districts (Lindenhurst, Amityville, Patchogue-Medford
and Babylon) based upon his objection to a "caseby-case" approach to
this issue and directed the State Board to develop recommendations to
address this issue in a "comprehensive, statewide manner that will
make similar local bills unnecessary."

In 1986, chapter 660 of the Laws of New York State was enacted
establishing a task force to examine the impact of the use of state
equalization rates in the distribution of state aid to education. The
school districts surveyed included 53 districts in Nassau, all or part
of 57 districts in six towns in Suffolk, two districts in Erie and one
district in Albany County. Notably, no Westchester County school
district was included in this study. This task force recommended that
"segment equalization" rates not be established for school districts
because most school districts would not be affected. Accordingly, the
State could not justify the cost of establishing rates for every
district. The only recourse available for school districts that were
not properly assessed was to enact legislation that would authorize
the State Board to establish a special "segment" equalization rate.
Thus, in 1989 the Legislature passed and Governor Mario Cuomo signed a
law establishing a Special Equalization Rate for each of six school
districts in Nassau and Suffolk Counties: Uniondale, Westbury,
Central Islip, Brentwood, Wyandanch and Amityville. Significantly,
this legislation established special "segment" equalization rates for
Suffolk County districts despite the fact that there was insufficient
data regarding actual valuation for these school districts. More
recently, in 2006 the Legislature passed and the then Governor signed
a law establishing a Special Equalization Rate for the Tuckahoe School
District in Westchester County due to the fact that its state aid was
unfairly impacted by the wealth of the Village of Bronxville.

The Greenburgh School District is currently in the same situation as
were these Suffolk County districts and the Tuckahoe School District,
over-valued and losing critical state aid dollars. The only way for
the Greenburgh School District to receive its fair share of state aid
is to amend the current law to include the Greenburgh School District


among those districts already provided a special equalization rate.
As set forth above, precedent for this legislation is well
established.

Receiving its fair share of building aid is a critical issue for the
Greenburgh School District at this time. To address growing
enrollment, the increase in mandated courses, implementation of the
Common Core, and the need to update its aging facilities, Greenburgh
is proposing a major construction project that will consolidate all of
the Greenburgh School District's educational programs on a single
campus.

To accomplish this vision, the District would sell two schools, expand
the school already on the 100 acre campus for pre-kindergarten through
second grade; construct a new facility to serve children in grades
three through eight; and renovate the high school which serves
students in ninth through 12th grades. In 2008, a state audit of the
current six buildings in the District showed that it would cost, at
that time, approximately fifty million dollars to bring them up to
code. The projected cost to consolidate all six locations on one
campus is one hundred million dollars. It is estimated that the sale
of the two school properties in the District will range between $2.5
and $5 million and that the consolidation of the District on one
campus will save money by eliminating some administrative positions
and cutting transportation costs. Moreover, the new facilities would
be technologically up to date and incorporate the latest energy-saving
materials.

The construction of these new and improved facilities' is critical to
the continued academic success of the Greenburgh School District. An
increase in building aid will improve the likelihood of getting voter
support for the bond referendum needed for this project.

This legislation will allow the Greenburgh School District to utilize
a special equalization rate to calculate its select aid ratio and help
rectify a long existing inequity in state aid received by the
District.

LEGISLATIVE HISTORY:

2014: S6874-A died in local government;
A8893-B passed assembly

FISCAL IMPLICATIONS:

To be determined

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
________________________________________________________________________

                                  1614

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local Government

AN ACT to amend the real property tax law, in relation  to  establishing
  equalization rates for Greenburgh central school district

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

  Section 1. Subdivision 3 of section 1230 of the real property tax law,
as amended by section 54 of part A1 of chapter 58 of the laws  of  2006,
is amended to read as follows:
  3.  Special  equalization rates shall be established for the following
school districts:
  Amityville union free school district
  Brentwood school district
  Central Islip school district
  Freeport union free school district
  GREENBURGH CENTRAL SCHOOL DISTRICT
  Hempstead union free school district
  Roosevelt union free school district
  Tuckahoe union free school district
  Uniondale union free school district
  Westbury union free school district
  Wyandanch school district
  S 2. For calculation of aid  apportioned  to  the  Greenburgh  central
school  district  for  any  project  for  which aid is first apportioned
pursuant to subdivision 6 of section 3602 of the  education  law  on  or
after  July 1, 2015, the district shall compute aid under the provisions
of such subdivision using the greater of:
  a. the building aid ratio computed for use in the current year; or
  b. a building aid ratio equal to the difference of the selected build-
ing aid ratio equivalent computed pursuant to this  section,  less  one-
tenth.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02749-01-5

S. 1614                             2

  (1)  The  selected building aid ratio equivalent shall be the positive
difference of:
  (a) one, less
  (b) the product, computed to three decimal places without rounding, of
  (i)  the  quotient, computed to three decimal places without rounding,
of
  (A) the quotient, computed to the nearest whole number without  round-
ing, of
  (I)  the  actual valuation of the school district, as defined pursuant
to subdivision 1 of section 3602 of the education law, divided by
  (II) the equivalent pupils of the school district
  (B) divided by the state average actual valuation per  pupil  computed
pursuant  to  subdivision 3 of section 3602 of the education law, multi-
plied by
  (ii) fifty-one percent.
  Such aid ratio shall not be less than zero.
  (2) The  equivalent  pupils  of  the  school  district  shall  be  the
quotient, computed to the nearest whole number without rounding, of
  (a)  an  equivalent actual valuation equal to the amount that would be
computed obtained by taking the assessed valuation of taxable real prop-
erty within such district as it appears upon the assessment roll of  the
town  in which such property is located, for the calendar year two years
prior to the calendar year in  which  the  base  year  commenced,  after
revision  as  provided by law, and dividing it by the state equalization
rate as determined by the state office of real  property  services,  for
the  assessment roll of such town completed during such preceding calen-
dar year, divided by
  (b) the product, computed to the nearest whole number  without  round-
ing, of
  (i)  the state average actual valuation per pupil computed pursuant to
subdivision 3 of section 3602 of the education law, multiplied by
  (ii) the quotient, computed to three decimals without rounding, of
  (A) the positive difference of
  (I) one less
  (II) the building aid ratio that was used or that would have been used
to compute an apportionment pursuant to subdivision 6 of section 3602 of
the education law in the 1999--2000 school year, divided by
  (B) fifty-one one-hundredths.
  The office of real property services shall determine  such  equivalent
actual  valuation  and  shall report it to the state comptroller and the
commissioner of education. Such computations shall be deemed  final  and
not subject to change on or after July 1, 2016.
  S 3. This act shall take effect immediately.

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