senate Bill S746

Amended

Provides for the corporation to do studies in targeted areas of Buffalo as part of a retail revitalization program

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Sponsor

Bill Status


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

actions

Summary

Provides for the corporation to do studies in targeted areas of Buffalo as part of a retail revitalization program; requires final report to legislature no later than January 1, 2018.

Bill Details

Versions:
S746
S746A
Current Committee:
Law Section:
New York State Urban Development Corporation Act
Laws Affected:
Add §16-x, UDC Act

Sponsor Memo

BILL NUMBER:S746

TITLE OF BILL:

An act to amend the New York state urban development corporation act,
in relation to requiring the corporation to study the city of Buffalo
for the purpose of fostering the growth of business and industry in
New York state; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE:

The purpose of the study is to examine and evaluate the prospects for
retail redevelopment in the city of Buffalo. The commission shall
develop a retail revitalization program including, choosing target
industries, developing voluntary programs, and creating tax credits or
other similar incentives.

SUMMARY OF PROVISIONS:

The "Retail Redevelopment Commission" shall establish a pilot program,
whose primary responsibility shall be to produce a study of the
possible retail industries that would benefit residents and visitors
to Buffalo. This pilot program study shall be conducted within the
city of Buffalo and include a comprehensive market analysis study.
The commission shall report on current and projected trends in retail
for the city, develop initiatives, programs and policies for the
development and growth of retail businesses in Buffalo, as a model for
other cities in the state. The study would require that the results be
presented in a report to the legislature of its conclusions and
recommendations, including legislative proposals necessary to
implement the suggested programs, not later than July 1, 2016 and a
final report on or before January 1, 2017.

JUSTIFICATION:

With high rates of joblessness, homelessness, poverty and crime; many
Buffalo residents struggle, as evidenced in the 2000 Census. The per
capita income in the City of Buffalo is $14,991. This number is well
below the national per capita income of $21,587. Twenty six percent of
residents in the City of Buffalo live beneath the poverty level, as
determined by the U.S. Department of Health and Human Services.
Additionally, unemployment is on the rise at 10.4%, as reported by the
New York State Department of Labor in December of 2003. Facing these
grim statistics, Buffalo still has many advantages and is
strategically oriented to build on its assets.

For much of its history, Buffalo's economy has been dominated by
manufacturing, and when the jobs moved, so did the people. Over the
past several decades, and especially today, the economic climate is
changing.

As manufacturing employment continues to decline, the growth of the
area's 'a new economy,' defined by information technology,
cross-sector partnerships, urban reinvestment and changing
demographics, has begun soar.


As a city rich with culture and history, record commercial development
In downtown Buffalo, a resurgence in downtown living, and serving as a
Gate way to one of the Seven Wonders of the Natural World, Buffalo is
at the cusp of a new era. With a new master plan for our schools, the
newly designed award-winning airport, and innovative efforts to bring
Buffalo and the region's economy to a new level, Buffalo is poised to
attract progressive retail chains to the area. Therefore, it is
imperative that the city devise a comprehensive strategy to rebuild
its suffering retail industry to complement other positive
developments. The retail industry is one of the most important sectors
in the economy, providing over 15 per cent of all employment and
including some of the largest and most admired companies worldwide.
Retailing deals with a large variety of products - ranging from
physical products, such as packaged goods, to intangible products,
such as financial services or travel. The importance of retailing for
consumers does not need much explanation: most people deal as
consumers with retailers almost every day and for many people shopping
plays an important part in their lives.

Through this Retail Redevelopment Commission, Buffalo becomes a
strong, urban epicenter - as it once was in its hey day -- where
citizens of the city and the surrounding region can live, work,
entertain and have access to a progressive and diverse retail
industry.

LEGISLATIVE HISTORY:

2011-12: S.6933/A.976 Referred to Corporations, Authorities and
Commissions
2013-14: Referred to Corporations, Authorities and Commissions

FISCAL IMPLICATIONS:

Compensation may be required for actual and necessary expenses to
conduct this study.

EFFECTIVE DATE:

This act shall take effect immediately and remain in effect until
March 31, 2017, when upon such date the provisions of this act shall
expire and be deemed repealed.

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

                                   746

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN ACT to amend the New York state urban development corporation act, in
  relation to requiring the corporation to study the city of Buffalo for
  the  purpose  of  fostering the growth of business and industry in New
  York state; and providing for the repeal of such provisions upon expi-
  ration thereof

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

  Section  1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development  corporation  act,  is  amended  by
adding a new section 16-x to read as follows:
  S  16-X.  RETAIL  REDEVELOPMENT  IN THE CITY OF BUFFALO. 1. THE CORPO-
RATION SHALL COMPLETE A STUDY ON THE PROSPECTS FOR RETAIL  REDEVELOPMENT
IN  THE  CITY  OF BUFFALO.   THROUGH A MARKET ANALYSIS STUDY, THE CORPO-
RATION SHALL REPORT ON CURRENT AND PROJECTED TRENDS IN  RETAIL  FOR  THE
CITY.  THE  DEPARTMENT SHALL MAKE RECOMMENDATIONS FOR THE DEVELOPMENT OF
INITIATIVES, PROGRAMS AND POLICIES FOR THE GROWTH OF  RETAIL  BUSINESSES
IN  BUFFALO,  AS  A MODEL FOR OTHER CITIES IN THE STATE. THE CORPORATION
SHALL DEVELOP A RETAIL REVITALIZATION PROPOSAL INCLUDING, BUT NOT LIMIT-
ED, TO THE FOLLOWING:
  (A) CHOOSING TARGET INDUSTRIES WHICH  ARE  UNDERREPRESENTED  OR  WOULD
HAVE A POSITIVE EFFECT ON BUFFALO, ITS RESIDENTS AND TOURISTS, AND WOULD
BE BENEFICIAL TO THE GROWTH AND FINANCIAL WELL BEING OF THE CITY.
  (B)  DEVELOPING  VOLUNTARY  PROGRAMS  WITH NEW YORK STATE COLLEGES AND
UNIVERSITIES TO TRAIN STUDENTS TO WORK IN  THE  SELECTED  TARGET  INDUS-
TRIES,  INCLUDING  SPECIFIC  EDUCATION  IN STARTING AND RUNNING A RETAIL
BUSINESS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01281-01-5

S. 746                              2

  (C) CREATING TAX CREDITS OR OTHER SIMILAR INCENTIVES FOR RETAILERS WHO
ARE WILLING TO OPEN UNDERREPRESENTED OR FUTURE TREND  RETAIL  BUSINESSES
OR  INDUSTRIES  IN  THE  CITY  OF  BUFFALO;  AND WHO ARE WILLING TO HIRE
STUDENTS FROM THE VOLUNTARY PROGRAMS INCLUDING FULL-TIME, PART-TIME  AND
SUMMER EMPLOYMENT.
  2.  THE CORPORATION SHALL MAKE A PRELIMINARY REPORT TO THE LEGISLATURE
OF ITS CONCLUSIONS AND RECOMMENDATIONS, INCLUDING LEGISLATIVE  PROPOSALS
NECESSARY  TO  IMPLEMENT  THE SUGGESTED PROGRAMS, NOT LATER THAN JULY 1,
2016 AND A FINAL REPORT ON OR BEFORE JANUARY 1, 2017.
  S 2. This act shall take effect immediately and shall remain in effect
until March 31, 2017, when upon such date the  provisions  of  this  act
shall expire and be deemed repealed.

assembly Bill A962

Regulates the cutting, topping and removal of trees upon rights of way by providers of electric service; requires the planting of replacement trees in certain cases

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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

Regulates the cutting, topping and removal of trees upon rights of way by providers of electric service; requires the planting of replacement trees in certain cases; provides for the enforcement of such provisions.

Bill Details

Versions:
A962
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Add Art 3 §§55 - 61, Pub Serv L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   962

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

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

AN  ACT  to  amend  the public service law, in relation to tree cutting,
  topping and removal along electricity distribution lines

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

  Section 1. The public service law is amended by adding a new article 3
to read as follows:
                                ARTICLE 3
                    TREE CUTTING, TOPPING AND REMOVAL
                     ALONG ELECTRICITY DISTRIBUTION
                                  LINES
SECTION 55. LEGISLATIVE FINDINGS.
        56. DEFINITIONS.
        57. PROHIBITION.
        58. NOTIFICATION.
        59. REGULATIONS.
        60. ENFORCEMENT.
        61. SEVERABILITY.
  S 55. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY RECOGNIZES THE NEED
FOR  THE  RELIABLE DELIVERY OF ELECTRIC POWER TO THE RESIDENTS AND BUSI-
NESSES OF THIS STATE. TREES AND TREE LIMBS, IF NOT PROPERLY  MAINTAINED,
MAY  ENDANGER  SUCH RELIABLE DELIVERY OF ELECTRIC POWER, THUS MAKING THE
CUTTING AND/OR REMOVAL OF TREES A NECESSITY.
  HOWEVER, THE LEGISLATURE ALSO RECOGNIZES THAT  TREES  PROVIDE  VARIOUS
BENEFITS  TO  THE  PEOPLE  OF THE STATE, INCLUDING PREVENTION OF FLOODS,
PURIFICATION OF WATER, REDUCTION OF  SOIL  EROSION,  REMOVAL  OF  CARBON
DIOXIDE  FROM  THE AIR, PROTECTION FROM THE ELEMENTS, AND ENHANCEMENT OF
COMMUNITY CHARACTER AND INDIVIDUAL PROPERTY VALUES.
  THE PURPOSE OF THIS ARTICLE IS TO REGULATE TREE CUTTING AND REMOVAL BY
ELECTRIC CORPORATIONS AND MUNICIPALITIES BY REQUIRING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03064-01-5

A. 962                              2

  1. ADVANCE NOTICE OF CUTTING TO PROPERTY OWNERS AND MUNICIPALITIES;
  2. ADHERENCE TO REGULATIONS ESTABLISHED BY THE COMMISSION;
  3.  REASONABLE EFFORTS TO MINIMIZE AND MITIGATE POSSIBLE ENVIRONMENTAL
DAMAGE FROM ANY NECESSARY TREE REMOVAL, SUCH AS PLANTING  OF  NEW  TREES
COMPATIBLE  WITH  THE CHARACTER OF THE COMMUNITY AND THE ELECTRIC LINES;
AND
  4. MUNICIPAL INPUT IN DETERMINING WHEN, WHICH AND HOW TREES ARE TO  BE
CUT.
  S  56. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
MEAN:
  1. "ARBORIST" MEANS ANY PERSON ENGAGED IN THE PRACTICE  OF  ARBORICUL-
TURE  WHO,  THROUGH  EXPERIENCE,  EDUCATION  AND TRAINING, POSSESSES THE
COMPETENCE TO PROVIDE FOR OR SUPERVISE THE MANAGEMENT OF TREES.
  2. "CUT" OR "CUTTING" MEANS THE REMOVAL OF ANY PART OF A TREE.
  3. "DISTRIBUTION LINE" MEANS ANY ELECTRIC LINE  WHICH  DISTRIBUTES  OR
WHICH  IS  INTENDED TO DISTRIBUTE ELECTRIC POWER TO ONE OR MORE RESIDEN-
TIAL AND/OR COMMERCIAL CUSTOMERS.
  4. "PRUNING" MEANS THE SELECTIVE CUTTING OF TREE PARTS TO MEET SPECIF-
IC GOALS AND OBJECTIVES.
  5. "RIGHT OF WAY" MEANS AN EASEMENT OR OTHER RIGHT OF WAY  GRANTED  TO
AN  ELECTRIC  CORPORATION  OR MUNICIPALITY AND UPON WHICH A DISTRIBUTION
LINE OR SERVICE LINE IS SITUATE.
  6. "SERVICE LINE" MEANS AN ELECTRIC LINE USED TO  CONNECT  A  DISTRIB-
UTION  LINE  TO AN INDIVIDUAL CUSTOMER'S METER OR OTHER POINT OF ATTACH-
MENT.
  7. "TREE" MEANS ANY SELF-SUPPORTING WOODY  PLANT  OF  A  SPECIES  THAT
GROWS  AT MATURITY TO AN OVERALL HEIGHT OF NOT LESS THAN TEN FEET, HAS A
SINGLE TRUNK OR MULTIPLE TRUNKS WHICH IN THE AGGREGATE ARE NOT LESS THAN
SIX INCHES IN DIAMETER, AS MEASURED FOUR AND  ONE-HALF  FEET  ABOVE  THE
GROUND.
  8. "TOPPING" MEANS THE CUTTING OF MOST OF THE CANOPY OF A TREE FOR THE
PURPOSE OF PRODUCING BRANCH STUBS.
  S 57. PROHIBITION. NO ELECTRIC CORPORATION OR MUNICIPALITY SHALL CUT A
TREE WITHIN A RIGHT OF WAY, EXCEPT AS PROVIDED PURSUANT TO THIS ARTICLE.
  S  58.  NOTIFICATION. 1. NO ELECTRIC CORPORATION OR MUNICIPALITY SHALL
CUT A TREE WITHIN A RIGHT OF WAY UNLESS IT PROVIDES  WRITTEN  NOTICE  OF
THE  PROPOSED  TREE  CUTTING  TO  THE GOVERNING BODY OF THE MUNICIPALITY
WHERE THE TREE IS SITUATE, THE GRANTOR OF THE RIGHT OF WAY OR HIS OR HER
SUCCESSOR IN INTEREST, AND, IF THE RIGHT OF WAY WAS GRANTED BY A GOVERN-
MENTAL ENTITY, TO EACH OWNER OF THE PROPERTY IMMEDIATELY ADJACENT THERE-
TO.
  2. THE NOTICES REQUIRED BY SUBDIVISION ONE OF THIS  SECTION  SHALL  BE
DELIVERED  BY PERSONAL SERVICE OR FIRST CLASS MAIL NOT LESS THAN FIFTEEN
DAYS NOR MORE THAN THIRTY DAYS PRIOR  TO  THE  DATE  THE  PROPOSED  TREE
CUTTING IS TO OCCUR.
  3.  EACH  SUCH  NOTICE SHALL INCLUDE THE NAMES OF THE SPECIFIC STREETS
UPON WHICH TREES WILL BE CUT; THE APPROXIMATE DATE OR DATES  UPON  WHICH
TREES  WILL BE CUT WITHIN SPECIFIC RIGHTS OF WAY; THE NAME AND TELEPHONE
NUMBER OF THE ELECTRIC CORPORATION'S OR  MUNICIPALITY'S  CONTACT  PERSON
FOR  THE  SPECIFIC RIGHT OF WAY; AND A SUMMARY OF THE PROVISIONS OF THIS
ARTICLE.
  S 59. REGULATIONS. NO ELECTRIC CORPORATION OR MUNICIPALITY SHALL CUT A
TREE WITHIN A RIGHT OF WAY, EXCEPT AS PROVIDED IN THIS SECTION.
  1. PRUNING. (A) EVERY ELECTRIC CORPORATION AND MUNICIPALITY  SHALL  BE
SUBJECT  TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSION RELATING
TO PRUNING. SUCH RULES AND REGULATIONS, TO THE EXTENT PRACTICABLE, SHALL

A. 962                              3

REFLECT THE MOST RECENT  EDITION  OF  THE  AMERICAN  NATIONAL  STANDARDS
INSTITUTE  A-300  (PART  1) STANDARD, "TREE, SCRUB AND OTHER WOODY PLANT
MAINTENANCE - STANDARD PRACTICES (PRUNING)".
  (B)  AN ELECTRIC CORPORATION OR MUNICIPALITY MAY PRUNE A TREE WITHIN A
RIGHT OF WAY ONLY WHEN AN ARBORIST,  DESIGNATED  BY  THE  DEPARTMENT  OF
AGRICULTURE  AND  MARKETS,  CERTIFIES  THAT  THE  PART OF THE TREE TO BE
PRUNED IS DEAD, DISEASED, A BROKEN BRANCH, RESTING AGAINST A SERVICE  OR
DISTRIBUTION  LINE,  OR  POSES OR COULD REASONABLY BE EXPECTED TO POSE A
DANGER TO A SERVICE OR DISTRIBUTION LINE.
  (C) NO ELECTRIC  CORPORATION  OR  MUNICIPALITY  SHALL  ENGAGE  IN  THE
TOPPING  OF  A  TREE  IN  A  RIGHT  OF  WAY  SO  AS  TO REMOVE MORE THAN
TWENTY-FIVE PERCENT OF THE FOLIAGE WITHIN AN ANNUAL GROWING SEASON.
  (D) AN ELECTRIC CORPORATION OR MUNICIPALITY MAY BY AGREEMENT WITH  THE
GRANTOR  OF A RIGHT OF WAY OR HIS OR HER SUCCESSOR IN INTEREST, PRUNE OR
CONTRACT FOR THE PRUNING OF A TREE WITHIN SUCH RIGHT OF WAY  IN  ACCORD-
ANCE  WITH THE RULES OF THE COMMISSION PROMULGATED PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION.
  2. REMOVAL. (A) AN ELECTRIC CORPORATION OR MUNICIPALITY MAY  REMOVE  A
TREE  FROM  A  RIGHT  OF  WAY  ONLY  WHEN AN ARBORIST, DESIGNATED BY THE
DEPARTMENT OF AGRICULTURE AND MARKETS, CERTIFIES THAT  THE  TREE  TO  BE
REMOVED  IS  DEAD,  DISEASED, BROKEN, THAT ITS BRANCHES ARE SO ENTANGLED
WITH A SERVICE OR DISTRIBUTION LINE THAT PRUNING  CANNOT  BE  REASONABLY
EXPECTED  TO  PREVENT INTERFERENCE WITH SUCH LINE, ITS TRUNK IS TOUCHING
SUCH A LINE, OR OTHERWISE POSES A DANGER TO A  SERVICE  OR  DISTRIBUTION
LINE IF NOT REMOVED.
  (B) NO ELECTRIC CORPORATION OR MUNICIPALITY SHALL REMOVE A TREE WITHIN
A  RIGHT OF WAY UNLESS IT SHALL HAVE PROVIDED WRITTEN NOTICE THEREOF AND
THE CERTIFICATION OF AN ARBORIST  PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
SUBDIVISION,  AS  PROVIDED  IN  SECTION FIFTY-EIGHT OF THIS ARTICLE, AND
SHALL HAVE RECEIVED THE WRITTEN CONSENT OF EACH PARTY TO WHICH NOTICE IS
REQUIRED TO BE PROVIDED NOT LESS THAN FIVE DAYS PRIOR TO THE REMOVAL  OF
THE TREE.
  3.  EMERGENCIES.  NOTHING  IN THIS ARTICLE SHALL BE DEEMED TO PROHIBIT
ANY ELECTRIC CORPORATION OR MUNICIPALITY FROM CUTTING, PRUNING,  TOPPING
OR  REMOVING ANY TREE THAT HAS FALLEN ON A SERVICE OR DISTRIBUTION LINE,
OR IS IN IMMINENT DANGER OF DOING SO.
  4. TREE PLANTINGS. (A) IF REQUESTED BY THE GRANTOR OF A RIGHT  OF  WAY
OR  HIS  OR  HER  SUCCESSOR IN INTEREST OR THE APPROPRIATE CITY, TOWN OR
VILLAGE, AN ELECTRIC CORPORATION OR MUNICIPALITY SHALL PLANT A  REPLACE-
MENT TREE FOR EACH TREE THAT IT REMOVED WITHIN A RIGHT OF WAY.
  (B)  EACH  REPLACEMENT TREE SHALL BE PLANTED IN CLOSE PROXIMITY TO THE
TREE IT REPLACES AND SHALL BE A TREE NATIVE TO THE REGION OF  THE  STATE
IN  WHICH  IT IS PLANTED, AS DETERMINED BY THE DEPARTMENT OF AGRICULTURE
AND MARKETS. ALL OTHER  TERMS  AND  CONDITIONS  OF  THE  PLANTING  OF  A
REPLACEMENT  TREE  SHALL  BE  AS  AGREED UPON IN WRITING BY THE ELECTRIC
CORPORATION OR MUNICIPALITY AND THE PERSON  OR  ENTITY  REQUESTING  SUCH
PLANTING;  PROVIDED, THAT IF NO SUCH AGREEMENT IS REACHED, WITHIN FORTY-
FIVE DAYS, UPON SUCH TERMS AND CONDITIONS AS SHALL BE DETERMINED BY  THE
COMMISSION.
  (C)  IN  ANY  INSTANCE IN WHICH THE OWNER OF A RIGHT OF WAY, OR HIS OR
HER SUCCESSOR IN INTEREST, FAILS TO REQUEST THE PLANTING OF  A  REPLACE-
MENT  TREE,  THE  COMMISSION  SHALL  REQUIRE THE ELECTRIC CORPORATION OR
MUNICIPALITY TO:
  (I) TAKE SUCH ACTION AS IS NECESSARY TO INSURE AGAINST  ADVERSE  ENVI-
RONMENTAL  EFFECTS,  INCLUDING SOIL EROSION AND DRAINAGE IN THE VICINITY
OF THE REMOVED TREE; OR

A. 962                              4

  (II) CONTRIBUTE A SUM OF MONEY FOR USE BY THE APPROPRIATE  CITY,  TOWN
OR VILLAGE FOR THE PLANTING OF TREES.
  5.  REGULATIONS. (A) THE COMMISSION SHALL PROMULGATE ANY AND ALL RULES
AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
  (B) THE COMMISSION SHALL  ESTABLISH  AND  CONDUCT  AN  ONGOING  PUBLIC
EDUCATION PROGRAM ON THE PROVISIONS OF THIS ARTICLE.
  S 60. ENFORCEMENT. 1. THE COMMISSION, UPON RECEIPT OF A COMPLAINT OF A
VIOLATION  OF  THIS  ARTICLE,  MAY  ISSUE  A STOP WORK ORDER OR MAY SEEK
INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION TO  RESTRAIN  ANY
SUCH VIOLATION AND/OR COMPEL THE RESTORATION OF THE PREMISES AFFECTED BY
SUCH VIOLATION.
  2.  THE  GRANTOR OF A RIGHT OF WAY OR HIS OR HER SUCCESSOR IN INTEREST
MAY BRING A CIVIL CAUSE OF ACTION FOR DAMAGES INCURRED AS THE RESULT  OF
A VIOLATION OF THIS ARTICLE.
  3. ANY ELECTRIC CORPORATION OR MUNICIPALITY FOUND BY THE COMMISSION TO
HAVE  VIOLATED ANY PROVISION OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL
PENALTY OF NOT LESS THAN FIVE HUNDRED DOLLARS PER TREE THAT IS DAMAGED.
  S 61. SEVERABILITY. IF ANY CLAUSE,  SENTENCE,  PARAGRAPH,  SECTION  OR
PART  OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVAL-
IDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS  OPERATION  TO
THE  CLAUSE,  SENTENCE,  PARAGRAPH,  SECTION,  OR  PART THEREOF DIRECTLY
INVOLVED IN THE CONTROVERSY IN  WHICH  SUCH  JUDGMENT  SHALL  HAVE  BEEN
RENDERED.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law. Effective immediately any rules and regu-
lations necessary to implement the provisions of this act on its  effec-
tive date are authorized to be made on or before such date.

assembly Bill A960

Relates to level three designation for certain sex offenders under the sex offender registration 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
view actions

actions

Summary

Relates to level three designation for certain sex offenders under the sex offender registration act; provides for a level three designation under the sex offender registration act for persons convicted of or a conviction for an attempt to commit an offense contained in article 130 (sexual offenses) or 263 (sexual performance by a child) or section 135.25 (kidnapping in the first degree), section 230.06 (patronizing a prostitute in the first degree), section 230.32 (promoting prostitution in the first degree) or section 255.25, 255.26 or 255.27 (incest) of the penal law where the victim of the related offense is less than eleven years old.

Bill Details

Versions:
A960
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §168-l, Cor L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   960

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Correction

AN  ACT  to  amend the correction law, in relation to level three desig-
  nation for certain sex offenders

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

  Section  1. The opening paragraph of paragraph (c) of subdivision 6 of
section 168-l of the correction law, as separately amended  by  chapters
318 and 680 of the laws of 2005, is amended to read as follows:
  If the risk of repeat offense is high and there exists a threat to the
public  safety  a  level  three  designation  shall be given to such sex
offender.  IF THE SEX OFFENDER HAS A CONVICTION OF OR A  CONVICTION  FOR
AN  ATTEMPT TO COMMIT AN OFFENSE CONTAINED IN ARTICLE ONE HUNDRED THIRTY
OR TWO HUNDRED SIXTY-THREE OR SECTION 135.25,  230.06,  230.32,  255.25,
255.26  OR  255.27  OF THE PENAL LAW AND WHERE THE VICTIM OF THE RELATED
OFFENSE IS LESS THAN ELEVEN YEARS OLD A LEVEL THREE DESIGNATION SHALL BE
GIVEN TO SUCH SEX OFFENDER. In [such] EITHER case, the  law  enforcement
agency or agencies having jurisdiction and the law enforcement agency or
agencies  having  had  jurisdiction at the time of his or her conviction
shall be notified and may disseminate relevant information  which  shall
include  a  photograph  and  description  of  the offender and which may
include the sex offender's exact name and any aliases used by the offen-
der, exact address, address of the offender's place of employment, back-
ground information including the offender's crime of conviction, mode of
operation, type of victim targeted, the name and address of any institu-
tion of higher education at which the sex offender is enrolled, attends,
is employed or resides and the description of special conditions imposed
on the offender to any entity with vulnerable populations related to the
nature of the offense committed by such sex offender. Any entity receiv-
ing information on a sex offender may disclose  or  further  disseminate
such  information  at  its  discretion. In addition[, in such case,] the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02791-01-5

A. 960                              2

information described [herein] IN THIS PARAGRAPH shall also be  provided
in  the subdirectory established in this article and notwithstanding any
other provision of law, such information shall, upon  request,  be  made
available to the public.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

assembly Bill A959

Eases certain restrictions on the conducting of games of chance for charitable purposes

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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

Eases certain restrictions on the conducting of games of chance for charitable purposes; authorizes the payment, out of the net proceeds of games of chance, of reimbursement for reasonable expenses of volunteers working at the games; expands the frequency upon which games of chance may be held; authorizes auxiliary members of authorized organizations to operate games of chance; authorizes persons convicted of crimes to operate games of chance when participating in a rehabilitation program; authorizes conducting of games of chance on Sundays; expands advertising of games of chance.

Bill Details

Versions:
A959
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd Gen Muni L, generally
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   959

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Racing and Wagering

AN ACT to amend the general municipal law, in relation to the conducting
  of games of chance by certain organizations

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

  Section  1. Subdivisions 4 and 6 of section 186 of the general munici-
pal law, as amended by chapter 574 of the laws of 1978, are amended  and
two new subdivisions 4-a and 22 are added to read as follows:
  4.  "Authorized  organization"  shall  mean  and include any bona fide
religious or charitable organization or bona fide educational, fraternal
or service organization or bona  fide  organization  of  veterans  [or],
volunteer  [firemen]  FIREFIGHTERS OR VOLUNTEER AMBULANCE WORKERS, which
by its charter, certificate of incorporation, constitution,  or  act  of
the  legislature,  shall have among its dominant purposes one or more of
the lawful purposes as defined in this article, provided that each shall
operate without profit to its  members,  and  provided  that  each  such
organization  has  engaged in serving one or more of the lawful purposes
as defined in this article for a period  of  three  years  [immediatley]
IMMEDIATELY prior to applying for a license under this article.
  No  organization  shall  be deemed an authorized organization which is
formed primarily for the purpose of conducting games of chance and which
does not devote at least seventy-five percent of its activities to other
than conducting games of chance. No political party shall be  deemed  an
authorized organization.
  4-A.  "AUXILIARY MEMBER" SHALL MEAN A BONA FIDE MEMBER OF AN ORGANIZA-
TION  OR  ASSOCIATION  WHICH  IS AUXILIARY TO AN AUTHORIZED ORGANIZATION
LICENSED PURSUANT TO THIS ARTICLE; OR A BONA FIDE MEMBER OF AN ORGANIZA-
TION OR ASSOCIATION OF WHICH AN AUTHORIZED ORGANIZATION LICENSED  PURSU-
ANT  TO THIS ARTICLE IS AN AUXILIARY; OR A BONA FIDE MEMBER OF AN ORGAN-
IZATION  OR  ASSOCIATION  WHICH  IS  AFFILIATED   WITH   AN   AUTHORIZED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03885-02-5

A. 959                              2

ORGANIZATION LICENSED PURSUANT TO THIS ARTICLE BY BEING, WITH IT, AUXIL-
IARY TO ANOTHER ORGANIZATION OR ASSOCIATION.
  6.  "Net  proceeds"  shall  mean (a) in relation to the gross receipts
from one or more license periods of games of  chance,  the  amount  that
shall remain after deducting the reasonable sums necessarily and actual-
ly  expended  for  CONDUCTING GAMES OF CHANCE INCLUDING, BUT NOT LIMITED
TO, supplies and equipment, prizes, security-personnel, stated rental if
any, bookkeeping or accounting  services  according  to  a  schedule  of
compensation  prescribed  by  the board, janitorial services and utility
supplies if any, license fees, and  [the  cost  of  bus  transportation]
REIMBURSEMENT  OF  REASONABLE EXPENSES INCURRED BY VOLUNTEERS WHO DONATE
THEIR TIME TO HOLD, OPERATE OR CONDUCT, OR ASSIST IN THE CONDUCT OF SUCH
GAMES, AND AS AUTHORIZED BY THE BOARD AND if authorized by the clerk  or
department  and (b) in relation to the gross rent received by an author-
ized games of chance lessor for the use of its premises  by  a  game  of
chance  licensee,  the  amount  that  shall  remain  after deducting the
reasonable  sums  necessarily  and  actually  expended  for   janitorial
services and utility supplies directly attributable thereto if any.
  22.  "REASONABLE EXPENSES" SHALL INCLUDE, BUT NOT BE LIMITED TO, CHILD
CARE EXPENSES, TRANSPORTATION EXPENSES, MEALS  AND  OTHER  EXPENSES,  AS
DETERMINED AND REGULATED BY THE BOARD.
  S  2. Subdivisions 4, 5, 6, 8, 10 and 11 of section 189 of the general
municipal law, subdivisions 4, 10 and 11 as amended by  chapter  574  of
the  laws of 1978, subdivisions 5 and 8 as amended by chapter 455 of the
laws of 2012 and subdivision 6 as amended by chapter 302 of the laws  of
2010, are amended to read as follows:
  4.  The entire net proceeds of any game of chance shall be exclusively
devoted to the lawful purposes of the organization permitted to  conduct
the  same  and the net proceeds of any rental derived therefrom shall be
exclusively devoted to the lawful purposes of the  authorized  games  of
chance lessor; PROVIDED, HOWEVER, THAT A PERSON MAY ACCEPT REIMBURSEMENT
OF REASONABLE EXPENSES INCURRED TO MANAGE, HOLD, OPERATE OR CONDUCT SUCH
GAMES.
  5.  No single prize awarded by games of chance other than raffle shall
exceed the sum or value of [three] FOUR hundred dollars, except that for
merchandise wheels, no single prize shall exceed the  sum  or  value  of
[two]  THREE  hundred [fifty] dollars. No single prize awarded by raffle
shall exceed the sum or value of one hundred thousand dollars. No single
wager shall exceed six dollars  and  for  bell  jars,  coin  boards,  or
merchandise  boards,  no  single prize shall exceed five hundred dollars
provided, however, that such limitation shall not apply to the amount of
money or value paid by the participant in a raffle in return for a tick-
et or other receipt. For coin boards and merchandise boards,  the  value
of  a prize shall be determined by its costs to the authorized organiza-
tion or, if donated, its fair market value.
  6. No authorized organization shall award a series of prizes  consist-
ing  of  cash or of merchandise with an aggregate value in excess of ten
thousand dollars during the successive operations of any one merchandise
wheel OR BELL JAR, and three  thousand  dollars  during  the  successive
operations  of  any  [bell  jar,] coin board[,] or merchandise board. No
series of prizes awarded by raffle shall  have  an  aggregate  value  in
excess of five hundred thousand dollars. For coin boards and merchandise
boards,  the  value  of  a  prize shall be determined by its cost to the
authorized organization or, if donated, its fair market value.
  8. Except for merchandise wheels and raffles, no series of  prizes  on
any  one  occasion shall aggregate more than [four] FIVE hundred dollars

A. 959                              3

when the licensed authorized organization conducts five single types  of
games  of  chance  during any one license period. Except for merchandise
wheels, raffles and bell jars, no series of prizes on any  one  occasion
shall aggregate more than five hundred dollars when the licensed author-
ized  organization  conducts  less  than  five  single types of games of
chance, exclusive of merchandise wheels, raffles and bell  jars,  during
any one license period. No authorized organization shall award by raffle
prizes  with  an aggregate value in excess of two million dollars during
any one license period.
  10. No person except a bona fide member  of  the  licensed  authorized
organization  OR  AN AUXILIARY MEMBER OF SUCH ORGANIZATION shall partic-
ipate in the management of such games[; no person  except  a  bona  fide
member  of the licensed authorized organization, its auxiliary or affil-
iated organization, shall participate in the operation of such game,  as
set forth in section one hundred ninety-five-c of this article].
  11.  No person shall receive any remuneration for participating in the
management or operation of any such  game;  PROVIDED,  HOWEVER,  THAT  A
PERSON  MAY  ACCEPT  REIMBURSEMENT  OF  REASONABLE  EXPENSES INCURRED TO
MANAGE, HOLD, OPERATE OR CONDUCT GAMES OF CHANCE.
  S 3. Subparagraph 5 of paragraph (a) of subdivision 1 of  section  190
of  the  general municipal law, as amended by chapter 574 of the laws of
1978, is amended to read as follows:
  (5) the purposes to which the entire net proceeds of such games are to
be devoted and in what  manner;  that  no  commission,  salary,  compen-
sation[,]  OR  reward  [or  recompense]  will  be paid to any person for
conducting such game or games or for assisting therein except as in this
article otherwise provided; and  such  other  information  as  shall  be
prescribed by such rules and regulations.
  S  4.  Paragraph  (b)  of  subdivision 1 of section 190 of the general
municipal law, as amended by chapter 574 of the laws of 1978, is amended
to read as follows:
  (b) In each application there shall be designated not less than [four]
THREE bona fide members of the applicant  organization  under  whom  the
game  or games of chance will be managed and to the application shall be
appended a statement executed by the members so  designated,  that  they
will  be responsible for the management of such games in accordance with
the terms of the license, the rules and regulations of the  board,  this
article and the applicable local laws or ordinances.
  S  5.  Paragraph  (a) of subdivision 2 of section 190-a of the general
municipal law, as amended by chapter 400 of the laws of 2005, is amended
to read as follows:
  (a) For the purposes of this section, "authorized organization"  shall
mean  and  include any bona fide religious or charitable organization or
bona fide educational, fraternal or service organization  or  bona  fide
organization  of  veterans [or], volunteer [firefighter] FIREFIGHTERS OR
VOLUNTEER AMBULANCE WORKERS, which by its charter, certificate of incor-
poration, constitution, or act of the legislature, shall have among  its
dominant  purposes one or more of the lawful purposes as defined in this
article, provided that each shall operate without profit to its members,
and provided that each such organization has engaged in serving  one  or
more  of  the lawful purposes as defined in this article for a period of
three years immediately prior to being granted  the  filing  requirement
exemption contained in subdivision one of this section.
  S  6.  Subdivision 3 of section 190-a of the general municipal law, as
added by chapter 400 of the laws of 2005, is amended to read as follows:

A. 959                              4

  3. No person under the age of eighteen shall be  permitted  to  play[,
operate or assist] in any raffle conducted pursuant to this section.  NO
PERSON  UNDER THE AGE OF EIGHTEEN YEARS SHALL BE PERMITTED TO OPERATE OR
ASSIST IN ANY RAFFLE  CONDUCTED  PURSUANT  TO  THIS  SECTION;  PROVIDED,
HOWEVER,  THAT  A  PERSON  UNDER  THE  AGE  OF EIGHTEEN YEARS AND WHO IS
SIXTEEN YEARS OF AGE OR OLDER SHALL BE PERMITTED TO ASSIST IN ANY RAFFLE
IF ACCOMPANIED BY AN ADULT.
  S 7. Paragraph (a) of subdivision 1 of  section  191  of  the  general
municipal  law, as amended by section 15 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
  (a) Issuance of licenses to conduct games of chance. If such clerk  or
department  shall  determine  that the applicant is duly qualified to be
licensed to conduct games of chance under this article; that the  member
or  members  of  the  applicant  designated in the application to manage
games of chance are bona fide active members of the  applicant  and  are
persons  of  good  moral  character  and  have never been convicted of a
crime, or, if convicted, have received a pardon, a certificate  of  good
conduct or a certificate of relief from disabilities pursuant to article
twenty-three  of  the  correction  law,  OR, IF CONVICTED, THE MEMBER OR
MEMBERS ARE PARTICIPATING IN A REHABILITATION PROGRAM LICENSED OR CERTI-
FIED BY A STATE AGENCY AND OPERATED BY THE  APPLICANT  OR  AN  AUXILIARY
THEREOF;  that  such  games  are  to be conducted in accordance with the
provisions of this article and in accordance with the  rules  and  regu-
lations  of  the  board and applicable local laws or ordinances and that
the proceeds thereof are to be disposed of as provided by this  article,
and if such clerk or department is satisfied that no commission, salary,
compensation[,] OR reward [or recompense] whatever will be paid or given
to  any  person  managing,  operating or assisting therein except as [in
this article] otherwise provided IN THIS ARTICLE,  INCLUDING  REIMBURSE-
MENT OF REASONABLE EXPENSES INCURRED BY VOLUNTEERS WHO DONATE THEIR TIME
TO  HOLD, OPERATE OR CONDUCT, OR ASSIST IN THE CONDUCT OF SUCH GAMES; it
shall issue a license to the applicant  for  the  conduct  of  games  of
chance  upon  payment  of  a license fee of twenty-five dollars for each
license period.
  S 8. Subdivision 3 of section 194 of the  general  municipal  law,  as
amended  by  chapter  550  of  the  laws  of 1994, is amended to read as
follows:
  3.  [Service  of  alcoholic  beverages.]  Subject  to  the  applicable
provisions  of  the alcoholic beverage control law, beer AND WINE may be
offered for sale during the conduct of  games  of  chance  on  games  of
chance  premises as such premises are defined in subdivision nineteen of
section one hundred eighty-six of this article; provided, however,  that
nothing  herein shall be construed to limit the offering for sale of any
other alcoholic beverage in areas other than the games of  chance  prem-
ises  or the sale of any other alcoholic beverage in premises where only
the games of chance known as bell jar or raffles are conducted.
  S 9. Section 195 of the general municipal law, as amended  by  chapter
461 of the laws of 2003, is amended to read as follows:
  S  195. Sunday; conduct of games on. Except as provided in section one
hundred ninety-five-b of this article, [no] games of chance [shall]  MAY
be  conducted  under  any license issued under this article on the first
day of the week, commonly known and  designated  as  Sunday,  unless  it
shall  be  otherwise  provided  in the license issued for the conducting
thereof, pursuant to the provisions of a local law or an ordinance  duly
adopted by the governing body of the municipality wherein the license is
issued,  [authorizing]  PROHIBITING the conduct of games of chance under

A. 959                              5

this article on that day [only between the hours of noon and  midnight].
Notwithstanding  the  foregoing  provisions  of this section no games of
chance shall be conducted on Easter Sunday or Christmas Day.
  S  10. Section 195-a of the general municipal law, as amended by chap-
ter 574 of the laws of 1978, is amended to read as follows:
  S 195-a. Participation by persons under eighteen. No person under  the
age  of  eighteen  years shall be permitted to play any game or games of
chance conducted pursuant to any  license  issued  under  this  article.
Persons under the age of eighteen years may be permitted to attend games
of  chance  [at  the  discretion  of the games of chance licensee].   No
person under the age of eighteen years shall be permitted to operate any
game of chance conducted pursuant to any license issued under this arti-
cle or to assist therein; PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE
OF EIGHTEEN YEARS AND WHO IS SIXTEEN YEARS OF  AGE  OR  OLDER  SHALL  BE
PERMITTED  TO  ASSIST IN THE OPERATION OF ANY GAME OF CHANCE IF ACCOMPA-
NIED BY A PARENT.
  S 11. Section 195-b of the general municipal law, as amended by  chap-
ter 252 of the laws of 1998, is amended to read as follows:
  S  195-b.  Frequency  of  games.  No game or games of chance, shall be
conducted under any license issued under this article  more  often  than
[twelve]  EIGHTEEN  times  in  any calendar year. No particular premises
shall be used for the conduct of games of chance on  more  than  twenty-
four  license  periods  during  any  one  calendar  year. Games shall be
conducted only between the hours of noon and midnight on SUNDAY, Monday,
Tuesday, Wednesday and Thursday, and only between the hours of  noon  on
Friday  and  two  A.M.   Saturday, and only between the hours of noon on
Saturday and two A.M.  Sunday. The two A.M. closing  period  shall  also
apply  to  a legal holiday.  The above restrictions shall not apply when
only the games of chance known as bell jar and/or raffle are conducted.
  S 12. Section 195-c of the general municipal law, as amended by  chap-
ter 252 of the laws of 1998, is amended to read as follows:
  S  195-c.  [1.]  Persons operating games; equipment; expenses; compen-
sation.  1. No person shall operate any game of chance under any license
issued under this article except a bona fide member OR AUXILIARY  MEMBER
of  the  authorized  organization  to which the license is issued[, or a
bona fide member of an organization or association which is an auxiliary
to the licensee or a bona fide member of an organization or  association
of  which  such  licensee  is  an  auxiliary or a bona fide member of an
organization or association which is affiliated  with  the  licensee  by
being, with it, auxiliary to another organization or association]. Noth-
ing  herein  shall  be  construed to limit the number of games of chance
licensees for whom such persons may  operate  games  of  chance  nor  to
prevent  non-members  from  assisting the licensee in any activity other
than managing or operating games. No game of chance shall  be  conducted
with  any  equipment  except  such  as  shall  be owned or leased by the
authorized organization so licensed  or  used  without  payment  of  any
compensation  therefor  by the licensee. However, in no event shall bell
jar tickets be transferred from one authorized organization to  another,
with  or  without payment of any compensation thereof. The head or heads
of the authorized organization shall upon request certify,  under  oath,
that the persons operating any game of chance are bona fide OR AUXILIARY
members  of such authorized organization, auxiliary or affiliated organ-
ization. Upon request by an officer or the department  any  such  person
involved  in  such  games  of chance shall certify that he or she has no
criminal record. No items of  expense  shall  be  incurred  or  paid  in
connection  with  the  conducting  of any game of chance pursuant to any

A. 959                              6

license issued under this article except those that are  reasonable  and
are  necessarily  expended  for  games of chance supplies and equipment,
prizes,  security  personnel,  stated  rental  if  any,  bookkeeping  or
accounting  services  according to a schedule of compensation prescribed
by the board, janitorial services  and  utility  supplies  if  any,  and
license  fees,  REIMBURSEMENT  OF REASONABLE EXPENSES INCURRED BY VOLUN-
TEERS WHO DONATE THEIR TIME TO OPERATE OR ASSIST  IN  THE  OPERATION  OF
GAMES  OF  CHANCE  and  the cost of bus transportation, if authorized by
such clerk or department.  No  commission,  salary,  compensation[,]  OR
reward [or recompense] shall be paid or given to any person for the sale
or assisting with the sale of raffle tickets.
  2.  For the purpose of the sale of tickets for the game of raffle, the
term "operate" shall not include the sale of such tickets by persons  of
lineal or collateral consanguinity to members of an authorized organiza-
tion licensed to conduct a raffle.
  S 13.  Section 195-e of the general municipal law, as amended by chap-
ter 94 of the laws of 1981, is amended to read as follows:
  S  195-e.  Advertising  games. A licensee may advertise the conduct of
games of chance to the general public by means of  newspaper,  circular,
handbill  [and],  poster, ELECTRONIC MAIL, ELECTRONIC COMMUNICATIONS AND
GOVERNMENT ACCESS TELEVISION BROADCASTS, and by one sign  not  exceeding
sixty  square feet in area, which may be displayed on or adjacent to the
premises owned or occupied by a licensed  authorized  organization,  and
when  an organization is licensed to conduct games of chance on premises
of an authorized games of chance lessor, one additional such sign may be
displayed on or adjacent to the premises in which the games  are  to  be
conducted.    Additional  signs  may be displayed upon any fire fighting
equipment belonging to any licensed authorized organization which  is  a
volunteer  fire  company, or upon any equipment of a first aid or rescue
squad, OR VOLUNTEER AMBULANCE COMPANY in and  throughout  the  community
served by such volunteer fire company or such first aid or rescue squad,
OR  VOLUNTEER  AMBULANCE COMPANY, as the case may be. All advertisements
shall be limited to the description of such event as "Games  of  chance"
or "Las Vegas Night", the name of the authorized organization conducting
such  games,  the  license  number  of  the  authorized  organization as
assigned by the clerk or department and the date, location and  time  of
the event.
  S  14. Subdivision 3 of section 195-f of the general municipal law, as
amended by chapter 550 of the laws  of  1994,  is  amended  to  read  as
follows:
  3.  Any authorized organization required to file an annual report with
the secretary of state pursuant to article seven-A of the executive  law
[or  the  attorney  general  pursuant  to  article eight of the estates,
powers and trusts law] shall include with such annual report a  copy  of
the statement required to be filed with the clerk or department pursuant
to subdivision one or two of this section.
  S  15. Subdivision 1 of section 195-n of the general municipal law, as
amended by chapter 637 of the laws  of  1999,  is  amended  to  read  as
follows:
  1.  Distribution; manufacturers. For business conducted in this state,
manufacturers licensed by the board to sell bell jar tickets shall  sell
only  such  tickets to distributors licensed by the board. Manufacturers
of bell jar tickets, seal cards, merchandise boards, and coin boards may
submit samples, artists' renderings, or color  photocopies  of  proposed
bell  jar  tickets,  seal cards, merchandise boards, coin boards, payout
cards, and flares for review and approval by the  board.  Within  thirty

A. 959                              7

days  of receipt of such sample or rendering, the board shall approve or
deny such bell jar tickets. [Following approval of a rendering of a bell
jar ticket, seal card, merchandise board, or coin board  by  the  board]
PRIOR TO THE SALE OF A BELL JAR GAME, JAR TICKET, SEAL CARD, MERCHANDISE
BOARD  OR  COIN  BOARD  TO  ANY  LICENSED DISTRIBUTOR FOR RESALE IN THIS
STATE, the manufacturer shall submit to the board a sample of the print-
ed bell jar ticket, seal card, merchandise  board,  coin  board,  payout
card,  and flare for such game. [Such sample shall be submitted prior to
the sale of the game to any licensed  distributor  for  resale  in  this
state.]  WITHIN  FORTY-FIVE  DAYS  OF  RECEIPT OF SUCH SAMPLE, THE BOARD
SHALL APPROVE OR DENY THE  BELL  JAR  TICKET,  JAR  TICKET,  SEAL  CARD,
MERCHANDISE BOARD OR COIN BOARD. For coin boards and merchandise boards,
nothing  herein  shall require the submittal of actual coins or merchan-
dise as part of the approval  process.  Any  licensed  manufacturer  who
willfully  violates  the provisions of this section shall: (a) upon such
first offense, have their license suspended for a period of thirty days;
(b) upon such second offense, participate in a hearing to  be  conducted
by the board, and surrender their license for such period as recommended
by  the board; and (c) upon such third or subsequent offense, have their
license suspended for a period of one year and  shall  be  guilty  of  a
class  E felony. Any unlicensed manufacturer who violates the provisions
of this section shall be guilty of a class E felony.
  S 16. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

assembly Bill A958

Provides that certain camps may make inquiries of and be provided with information from the statewide central register of child abuse and maltreatment

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 certain camps may make inquiries of and be provided with information from the statewide central register of child abuse and maltreatment to determine if any person who may have contact with children is on file on such register.

Bill Details

Versions:
A958
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §424-a, Soc Serv L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   958

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of  A.  MILLER,  WEPRIN,  GOTTFRIED, COLTON, JAFFEE,
  GUNTHER, MONTESANO, McDONOUGH, RAIA -- Multi-Sponsored by -- M. of  A.
  ARROYO,  CROUCH, LOPEZ, MAGEE -- read once and referred to the Commit-
  tee on Children and Families

AN ACT to amend the social services law, in relation to  the  access  of
  certain  information  contained in the central register of child abuse
  and maltreatment

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

  Section  1.  Subparagraph  (iv)  of  paragraph (b) of subdivision 1 of
section 424-a of the social services law is renumbered subparagraph  (v)
and a new subparagraph (iv) is added to read as follows:
  (IV)  A  CAMP SUBJECT TO THE PROVISIONS OF ARTICLE THIRTEEN-A OR THIR-
TEEN-B OF THE PUBLIC HEALTH LAW MAY INQUIRE OF THE  OFFICE  OF  CHILDREN
AND  FAMILY SERVICES, AND THE OFFICE SHALL, UPON RECEIPT OF SUCH INQUIRY
AND SUBJECT TO THE PROVISIONS OF  PARAGRAPH  (E)  OF  THIS  SUBDIVISION,
INFORM SUCH AGENCY AND THE SUBJECT OF THE INQUIRY WHETHER ANY PERSON WHO
IS ACTIVELY BEING CONSIDERED FOR EMPLOYMENT AND WHO WILL HAVE THE POTEN-
TIAL FOR REGULAR AND SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE CARED FOR
BY  THE AGENCY, IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREAT-
MENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF  CHILD  ABUSE
AND MALTREATMENT.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02793-01-5

assembly Bill A955

Creates specific computer crimes as well as increasing penalties for crimes committed with the aid of a computer

download pdf

Sponsor

Bill Status


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

actions

Summary

Creates specific computer crimes as well as increasing penalties for crimes committed with the aid of a computer; provides for civil relief in cases of pornography on the internet, and penal sanctions in such cases.

Bill Details

Versions:
A955
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §§200.50 & 700.05, CP L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   955

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

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

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to computer crimes and obscenities

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

  Section  1. The penal law is amended by adding two new sections 156.41
and 156.42 to read as follows:
S 156.41 CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE SECOND  DEGREE
WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE ENCRYPTION TO:
  1.  COMMIT,  FURTHER,  FACILITATE  OR  PROMOTE  CONDUCT CONSTITUTING A
CRIME;
  2. CONCEAL THE COMMISSION OF ANY CRIME;
  3. CONCEAL OR PROTECT THE IDENTITY OF A PERSON WHO HAS  COMMITTED  ANY
CRIME; OR
  4.  PREVENT, IMPEDE, DELAY OR DISRUPT THE NORMAL OPERATION OR USE OF A
COMPUTER, COMPUTER PROGRAM OR COMPUTER SYSTEM.
  CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
NOR.
S 156.42 CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE  FIRST  DEGREE
WHEN  HE  OR  SHE COMMITS THE CRIME OF CRIMINAL USE OF ENCRYPTION IN THE
SECOND DEGREE AND HE OR SHE:
  1. DOES SO WITH AN INTENT TO COMMIT OR ATTEMPT TO  COMMIT  OR  FURTHER
THE COMMISSION OF A FELONY;
  2. DOES SO WITH AN INTENT TO CONCEAL THE COMMISSION OF ANY FELONY;
  3. DOES SO WITH THE INTENT TO PROTECT THE IDENTITY OF A PERSON WHO HAS
COMMITTED ANY FELONY; OR
  4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE.
  CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE IS A CLASS E FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02701-01-5

A. 955                              2

  S 2. Section 156.00 of the penal law is amended by adding a new subdi-
vision 10 to read as follows:
  10.  "ENCRYPTION"  MEANS ANY PROTECTIVE OR DISRUPTIVE MEASURE, INCLUD-
ING, WITHOUT LIMITATION, CRYPTOGRAPHY, ENCIPHERING OR ENCODING, WHICH:
  (A) CAUSES OR MAKES ANY DATA, INFORMATION, IMAGE, PROGRAM,  SIGNAL  OR
SOUND UNINTELLIGIBLE OR UNUSABLE; OR
  (B) PREVENTS, IMPEDES, DELAYS OR DISRUPTS ACCESS TO ANY DATA, INFORMA-
TION, IMAGE, PROGRAM, SIGNAL OR SOUND.
  S 3. Section 215.35 of the penal law is amended to read as follows:
S 215.35 Tampering with physical evidence; definitions of terms.
  The following definitions are applicable to section 215.40:
  1.  "Physical  evidence"  means any article, object, document, record,
PROPERTY OF ANY KIND, or other thing of physical substance [which is  or
is  about to be produced or used as evidence in an official proceeding],
INCLUDING BUT NOT  LIMITED  TO  COMPUTER  PROGRAMS,  COMPUTER  DATA  AND
COMPUTER SERVICES AS DEFINED IN SECTION 156.00 OF THIS PART.
  2. "Official proceeding" means any action or proceeding, INVESTIGATION
OR INQUIRY conducted by or before a legally constituted judicial, legis-
lative,  administrative  or  other  governmental  agency or official, in
which evidence may properly be received OR GATHERED.
  3. "ENCRYPTION" MEANS ANY PROTECTIVE OR DISRUPTIVE MEASURE,  INCLUDING
BUT  NOT  LIMITED  TO  CRYPTOGRAPHY, ENCIPHERING OR ENCODING, WHICH: (A)
CAUSES OR MAKES ANY DATA, INFORMATION, IMAGE, PROGRAM, SIGNAL  OR  SOUND
UNINTELLIGIBLE OR UNUSABLE; OR (B) PREVENTS, IMPEDES, DELAYS OR DISRUPTS
ACCESS TO ANY DATA, INFORMATION, IMAGE, PROGRAM, SIGNAL OR SOUND.
  S 4. Section 215.40 of the penal law is amended to read as follows:
S 215.40 Tampering with physical evidence.
  A person is guilty of tampering with physical evidence when:
  1.  With intent that it be used or introduced in, OR BELIEVING THAT IT
HAS BEEN REQUESTED OR MAY BE GATHERED DURING OR PURSUANT TO an  official
proceeding  or  a prospective official proceeding, [he] SUCH PERSON: (a)
knowingly makes, devises or prepares false  physical  evidence,  or  (b)
produces  or  offers such evidence at such a proceeding knowing it to be
false; or
  2. Believing that certain physical evidence [is about to] HAS BEEN  OR
MAY  be REQUESTED, GATHERED, produced or used in OR PURSUANT TO an offi-
cial proceeding or a prospective official proceeding, and  intending  to
prevent  such  production  or use, [he] SUCH PERSON suppresses it by any
act of concealment, alteration, ENCRYPTION or destruction, or by employ-
ing force, intimidation or deception against any person.
  3. NO ELECTRONIC COMMUNICATIONS SERVICE OR REMOTE  COMPUTING  SERVICE,
AS  DEFINED  UNDER  THE  FEDERAL  ELECTRONIC COMMUNICATIONS PRIVACY ACT,
WHICH IS ACTING WITHIN THE ORDINARY COURSE OF BUSINESS, SHALL  BE  OBLI-
GATED TO RETAIN CUSTOMER INFORMATION AND/OR CONTENT UNLESS IN RECEIPT OF
AN OFFICIAL REQUEST TO RETAIN PHYSICAL EVIDENCE.
  Tampering with physical evidence is a class [E] D felony.
  S  5.  The penal law is amended by adding a new article 495 to read as
follows:
                               ARTICLE 495
                  COMPUTER SEX CRIMES AGAINST CHILDREN

SECTION 495.00 COMPUTER SEX CRIMES.
        495.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
S 495.00 COMPUTER SEX CRIMES.
  1. A PERSON COMMITS A COMPUTER SEX CRIME WHEN HE OR SHE COMMITS A  SEX
CRIME  AGAINST A CHILD AND FACILITATED THE COMMISSION OF SUCH OFFENSE BY

A. 955                              3

USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE  TO  COMMUNI-
CATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED.
  2. A "SEX CRIME AGAINST A CHILD" MEANS A FELONY OFFENSE (A) THE ESSEN-
TIAL ELEMENTS OF WHICH INCLUDE THE COMMISSION OR ATTEMPTED COMMISSION OF
SEXUAL  CONDUCT, AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THIS
CHAPTER, OR THE USE OR PROMOTION OF A SEXUAL OR OBSCENE SEXUAL  PERFORM-
ANCE,  AS  DEFINED  IN  SECTION 263.00 OF THIS CHAPTER, (B) COMMITTED OR
ATTEMPTED TO BE COMMITTED AGAINST A CHILD LESS THAN SEVENTEEN YEARS OLD.
S 495.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
  1. WHEN A PERSON IS CONVICTED OF A  COMPUTER  SEX  CRIME  PURSUANT  TO
SECTION 495.00 OF THIS ARTICLE, AND THE UNDERLYING CRIME AGAINST A CHILD
IS  A  VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS CHAP-
TER, THE COMPUTER SEX CRIME SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
  2. WHEN A PERSON IS CONVICTED OF A  COMPUTER  SEX  CRIME  PURSUANT  TO
SECTION  495.00  OF THIS ARTICLE, AND THE UNDERLYING SEX CRIME AGAINST A
CHILD IS A CLASS C, D OR E FELONY,  THE  COMPUTER  SEX  CRIME  SHALL  BE
DEEMED  TO BE ONE CATEGORY HIGHER THAN THE SEX CRIME AGAINST A CHILD THE
DEFENDANT COMMITTED, OR ONE  CATEGORY  HIGHER  THAN  THE  OFFENSE  LEVEL
APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO
COMMIT A SEX CRIME AGAINST A CHILD, WHICHEVER IS APPLICABLE.
  3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
CONVICTED OF A COMPUTER SEX CRIME PURSUANT TO  SECTION  495.00  OF  THIS
ARTICLE  AND THE UNDERLYING SEX CRIME AGAINST A CHILD IS A CLASS B FELO-
NY:
  (A) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT  YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
  (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
AND
  (C)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.05  OF
THIS CHAPTER.
  S  6. Subdivisions 4 and 7 of section 200.50 of the criminal procedure
law, subdivision 4 as amended by section 15 of subpart A of  part  H  of
chapter 55 of the laws of 2014 and subdivision 7 as amended by chapter 7
of the laws of 2007, are amended to read as follows:
  4.  A statement in each count that the grand jury, or, where the accu-
satory instrument is a superior court information, the  district  attor-
ney,  accuses  the  defendant  or  defendants  of  a designated offense,
provided that in any prosecution under article four hundred  eighty-five
of the penal law, the designated offense shall be the specified offense,
as  defined  in  subdivision  three  of section 485.05 of the penal law,
followed by the phrase "as a hate crime", and provided further  that  in
any  prosecution  under  section 490.25 of the penal law, the designated
offense shall be the specified offense, as defined in subdivision  three
of  section  490.05 of the penal law, followed by the phrase "as a crime
of terrorism"; and  provided  further  that  in  any  prosecution  under
section  130.91  of  the  penal law, the designated offense shall be the
specified offense, as defined in subdivision two of  section  130.91  of
the  penal law, followed by the phrase "as a sexually motivated felony";
and provided further that in  any  prosecution  under  section  [496.06]
495.00  of the penal law, the designated offense shall be the [specified
offense, as defined in subdivision two of such section, followed by  the
phrase  "as  a  public corruption crime"] UNDERLYING SEX CRIME AGAINST A
CHILD, AS DEFINED IN SUBDIVISION TWO OF SECTION 495.00 OF THE PENAL LAW,
FOLLOWED BY THE PHRASE "AS A COMPUTER SEX CRIME"; and

A. 955                              4

  7. A plain and concise factual statement in each count which,  without
allegations of an evidentiary nature,
  (a)  asserts facts supporting every element of the offense charged and
the defendant's or defendants' commission thereof with sufficient preci-
sion to clearly apprise the defendant or defendants of the conduct which
is the subject of the accusation; and
  (b) in the case of any armed felony, as defined in subdivision  forty-
one  of  section  1.20,  states that such offense is an armed felony and
specifies  the  particular  implement  the   defendant   or   defendants
possessed,  were  armed  with,  used  or displayed or, in the case of an
implement displayed, specifies what the implement appeared to be; and
  (c) in the case of any hate crime, as defined in section 485.05 of the
penal law, specifies, as applicable, that the  defendant  or  defendants
intentionally selected the person against whom the offense was committed
or  intended to be committed; or intentionally committed the act or acts
constituting the offense, in whole or in substantial part because  of  a
belief  or perception regarding the race, color, national origin, ances-
try, gender, religion, religious practice,  age,  disability  or  sexual
orientation of a person; and
  (d)  in the case of a crime of terrorism, as defined in section 490.25
of the penal law,  specifies,  as  applicable,  that  the  defendant  or
defendants  acted  with  intent to intimidate or coerce a civilian popu-
lation, influence the policy of a unit of government by intimidation  or
coercion,  or  affect  the  conduct  of  a unit of government by murder,
assassination or kidnapping; and
  (e) in the case of a sexually motivated felony, as defined in  section
130.91  of  the  penal law, asserts facts supporting the allegation that
the offense was sexually motivated; and
  (F) IN THE CASE OF A COMPUTER SEX CRIME, AS DEFINED IN SUBDIVISION ONE
OF SECTION 495.00 OF THE PENAL LAW, SPECIFIES, AS APPLICABLE,  THAT  THE
DEFENDANT  OR  DEFENDANTS  FACILITATED  THE  COMMISSION  OF  A SEX CRIME
AGAINST A CHILD, AS DEFINED IN SUBDIVISION TWO OF SUCH  SECTION  495.00,
BY  USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE TO COMMU-
NICATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED; AND
  S 7. Paragraph (c) of subdivision 5 of section  156.00  of  the  penal
law, as amended by chapter 558 of the laws of 2006, is amended and a new
paragraph (d) is added to read as follows:
  (c)  is  not  and is not intended to be available to anyone other than
the person or persons  rightfully  in  possession  thereof  or  selected
persons  having  access thereto with his, her or their consent and which
accords or may accord such rightful possessors an advantage over compet-
itors or other persons who do not have knowledge or the  benefit  there-
of[.]; OR
  (D) CONTAINS RECORDS OF THE EMPLOYMENT, SALARY, CREDIT OR OTHER FINAN-
CIAL OR PERSONAL INFORMATION RELATING TO ANOTHER PERSON AND SUCH RECORDS
ARE ACCESSED AFTER THE TIME AT WHICH A PERSON KNOWS OR REASONABLY SHOULD
KNOW  THAT  HE  OR  SHE IS WITHOUT AUTHORIZATION TO VIEW THE INFORMATION
DISPLAYED.
  S 8. Subdivision 2 of section 156.10 of the penal law, as  amended  by
chapter 558 of the laws of 2006, is amended to read as follows:
  2.  he  or she thereby knowingly gains access to computer material[.];
OR
  S 9. Section 156.10 of the penal law is amended by adding a new subdi-
vision 3 to read as follows:
  3. HE OR SHE GAINS ACCESS TO SUCH  COMPUTER  OR  COMPUTER  SERVICE  BY
USING A CARD, CODE OR OTHER MEANS OF ACCESS, OR ANY COMBINATION THEREOF,

A. 955                              5

THAT  HE OR SHE KNOWS TO BE FORGED OR STOLEN, OR THROUGH USE OF A FICTI-
TIOUS IDENTITY.
  S  10.  The  opening  paragraph of section 156.20 of the penal law, as
amended by chapter 558 of the laws  of  2006,  is  amended  to  read  as
follows:
  A  person is guilty of computer tampering in the fourth degree when he
or she uses, causes  to  be  used,  or  accesses  a  computer,  computer
service,  or computer network without authorization and he or she inten-
tionally alters in any manner or destroys, DAMAGES OR CONCEALS  computer
data or a computer program of another person.
  S  11.  Subdivisions  3  and  4 of section 156.25 of the penal law, as
amended by chapter 89 of the laws  of  1993,  are  amended  to  read  as
follows:
  3.  [he]  SUCH  PERSON intentionally alters in any manner or destroys,
DAMAGES OR CONCEALS computer material; or
  4. [he] SUCH PERSON intentionally alters in any  manner  or  destroys,
DAMAGES  OR  CONCEALS computer data or a computer program so as to cause
damages in an aggregate amount exceeding one thousand dollars.
  S 12. Section 156.26 of the penal law, as amended by  chapter  590  of
the laws of 2008, is amended to read as follows:
S 156.26 Computer tampering in the second degree.
  A  person is guilty of computer tampering in the second degree when he
or she commits the crime of computer tampering in the fourth degree  and
he  or  she  intentionally  alters in any manner or destroys, DAMAGES OR
CONCEALS:
  1. computer data or a computer program: (A) so as to cause damages  in
an  aggregate  amount  exceeding  three thousand dollars, OR (B) DOES SO
WITH THE INTENT TO ENDANGER PUBLIC SAFETY, INCLUDING,  BUT  NOT  LIMITED
TO, INTERRUPTING OR IMPAIRING THE PROVIDING OF SERVICES BY ANY PUBLIC OR
PRIVATE  UTILITY  OR  BY ANY STATE, COUNTY OR LOCAL GOVERNMENTAL AGENCY,
PUBLIC CARRIER OR PUBLIC COMMUNICATION SERVICE; or
  2. computer material that contains records of the medical  history  or
medical treatment of an identified or readily identifiable individual or
individuals  and  as  a  result  of such alteration or destruction, such
individual or individuals suffer serious physical injury, and he or  she
is  aware  of and consciously disregards a substantial and unjustifiable
risk that such serious physical injury may occur.
  Computer tampering in the second degree is a class D felony.
  S 13. The opening paragraph of section 156.27 of  the  penal  law,  as
added by chapter 89 of the laws of 1993, is amended to read as follows:
  A person is guilty of computer tampering in the first degree when [he]
SUCH PERSON commits the crime of computer tampering in the fourth degree
and  [he]  SUCH  PERSON  intentionally alters in any manner or destroys,
DAMAGES OR CONCEALS computer data or a computer program so as  to  cause
damages in an aggregate amount exceeding fifty thousand dollars.
  S  14.  Subdivision  2 of section 115.00 of the penal law, as added by
chapter 422 of the laws of 1978, is amended to read as follows:
  2. to a person under sixteen years of age who  intends  to  engage  in
conduct  which  would  constitute  a crime, [he] SUCH PERSON, being over
eighteen years of age, engages in conduct  which  provides  such  person
with  means  or opportunity for the commission thereof and which in fact
aids such person to commit a crime[.]; OR
  S 15. Section 115.00 of the penal law  is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  TO  A  PERSON WHO INTENDS TO COMMIT A CRIME, HE ENGAGES IN CONDUCT
WHICH INCLUDES THE INTENTIONAL DISCLOSURE OF A COMPUTER PASSWORD,  IDEN-

A. 955                              6

TIFYING  CODE, PERSONAL INFORMATION NUMBER, OR OTHER CONFIDENTIAL INFOR-
MATION ABOUT A COMPUTER SECURITY SYSTEM WHICH PROVIDES SUCH PERSON  WITH
MEANS  OR  OPPORTUNITY  FOR THE COMMISSION THEREOF AND IN FACT AIDS SUCH
PERSON TO COMMIT A CRIME.
  S 16. Subdivision 8 of section 700.05 of the criminal procedure law is
amended by adding two new paragraphs (v) and (w) to read as follows:
  (V) COMPUTER SEX CRIMES AS DEFINED IN SECTION 495.00 OF THE PENAL LAW,
COMPUTER TRESPASS AS DEFINED IN SECTION 156.10 OF THE PENAL LAW, COMPUT-
ER  TAMPERING  IN  THE  THIRD DEGREE AS DEFINED IN SECTION 156.25 OF THE
PENAL LAW, COMPUTER TAMPERING IN THE SECOND DEGREE AS DEFINED IN SECTION
156.26 OF THE PENAL LAW, COMPUTER  TAMPERING  IN  THE  FIRST  DEGREE  AS
DEFINED  IN  SECTION  156.27  OF  THE PENAL LAW, UNLAWFUL DUPLICATION OF
COMPUTER RELATED MATERIAL AS DEFINED IN SECTION 156.30 OF THE PENAL LAW,
CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL AS DEFINED  IN  SECTION
156.35 OF THE PENAL LAW, CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE
AS  DEFINED  IN  SECTION  156.41  OF  THE  PENAL  LAW,  CRIMINAL  USE OF
ENCRYPTION IN THE FIRST DEGREE AS DEFINED IN SECTION 156.42 OF THE PENAL
LAW AND DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE AS
DEFINED IN SECTION 235.22 OF THE PENAL LAW.
  (W) USE OF A CHILD IN A  SEXUAL  PERFORMANCE  AS  DEFINED  IN  SECTION
263.05  OF  THE  PENAL LAW, PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD AS DEFINED IN SECTION 263.10  OF  THE  PENAL  LAW,  POSSESSING  AN
OBSCENE  SEXUAL  PERFORMANCE  BY A CHILD AS DEFINED IN SECTION 263.11 OF
THE PENAL LAW, PROMOTING A SEXUAL PERFORMANCE BY A CHILD AS  DEFINED  IN
SECTION  263.15  OF  THE PENAL LAW, POSSESSING A SEXUAL PERFORMANCE BY A
CHILD AS DEFINED IN SECTION 263.16 OF THE PENAL LAW.
  S 17. Paragraph (a) of subdivision 1 of section 460.10  of  the  penal
law, as amended by chapter 37 of the laws of 2014, is amended to read as
follows:
  (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25  relating  to  kidnapping; section 135.35 relating to labor traf-
ficking; section 135.65 relating to coercion;  sections  140.20,  140.25
and  140.30  relating  to  burglary;  sections 145.05, 145.10 and 145.12
relating to criminal mischief; article one  hundred  fifty  relating  to
arson;  sections  155.30,  155.35,  155.40  and 155.42 relating to grand
larceny; SECTION 156.10 RELATING TO COMPUTER TRESPASS, SECTIONS  156.25,
156.26, AND 156.27 RELATING TO COMPUTER TAMPERING; SECTION 156.30 RELAT-
ING TO UNLAWFUL DUPLICATION OF COMPUTER RELATED MATERIAL; SECTION 156.35
RELATING  TO  CRIMINAL  POSSESSION OF COMPUTER RELATED MATERIAL; SECTION
156.41 RELATING TO CRIMINAL USE OF ENCRYPTION; sections 177.10,  177.15,
177.20  and  177.25  relating  to health care fraud; article one hundred
sixty relating to robbery; sections 165.45, 165.50,  165.52  and  165.54
relating  to criminal possession of stolen property; sections 165.72 and
165.73 relating to trademark counterfeiting;  sections  170.10,  170.15,
170.25,  170.30, 170.40, 170.65 and 170.70 relating to forgery; sections
175.10, 175.25, 175.35, 175.40 and 210.40 relating to false  statements;
sections  176.15, 176.20, 176.25 and 176.30 relating to insurance fraud;
sections  178.20  and  178.25  relating   to   criminal   diversion   of
prescription  medications  and  prescriptions;  sections 180.03, 180.08,
180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10,  200.11,
200.12,  200.20,  200.22,  200.25,  200.27,  200.56,  215.00, 215.05 and
215.19; sections 187.10, 187.15, 187.20 and 187.25 relating to  residen-
tial  mortgage  fraud,  sections  190.40 and 190.42 relating to criminal

A. 955                              7

usury; section 190.65 relating to schemes to defraud; any felony defined
in article four hundred ninety-six; sections 205.60 and 205.65  relating
to  hindering  prosecution; sections 210.10, 210.15, and 215.51 relating
to perjury and contempt; section 215.40 relating to tampering with phys-
ical  evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31,
220.34, 220.39, 220.41,  220.43,  220.46,  220.55,  220.60,  220.65  and
220.77  relating  to  controlled  substances; sections 225.10 and 225.20
relating to gambling; sections 230.25, 230.30, and  230.32  relating  to
promoting  prostitution;  section  230.34  relating  to sex trafficking;
sections 235.06,  235.07,  235.21  and  235.22  relating  to  obscenity;
sections  263.05,  263.10  [and] , 263.11, 263.15 AND 263.16 relating to
[promoting] a sexual performance by a child;  sections  265.02,  265.03,
265.04,  265.11,  265.12,  265.13  and  the provisions of section 265.10
which constitute a felony relating to firearms and other dangerous weap-
ons; sections 265.14 and 265.16 relating to criminal sale of a  firearm;
section  275.10,  275.20,  275.30,  or  275.40  relating to unauthorized
recordings; [and] sections 470.05, 470.10, 470.15 and 470.20 relating to
money laundering AND SECTION 495.00 RELATING TO COMPUTER SEX CRIMES; or
  S 18. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.

assembly Bill A945

Directs the department of taxation and finance to create and implement an online program which will enable New York state taxpayers to electronically file income tax returns free of charge

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

Directs the department of taxation and finance to create and implement an online program which will enable each New York state taxpayer to prepare and electronically file his or her federal and state income tax returns free of charge.

Bill Details

See Senate Version of this Bill:
S495
Versions:
A945
Current Committee:
Law Section:
Taxation
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   945

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

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

AN ACT directing the department of taxation and finance  to  create  and
  implement  an  online  program  which  will enable each New York state
  taxpayer to prepare and electronically file his  or  her  federal  and
  state income tax returns free of charge

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

  Section 1. The department of taxation and finance  is  authorized  and
directed  to  create  and  implement an online program which will enable
each New York state taxpayer to prepare and electronically file  his  or
her  federal  and state income tax returns free of charge, regardless of
the taxpayer's income level. This program shall be made available to all
New York state taxpayers on the department's website no later  than  one
hundred eighty days following the effective date of this act.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01217-01-5

assembly Bill A954

Prohibits the employment of sex offenders in any position having substantial contact with children

download pdf

Sponsor

Bill Status


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

actions

Summary

Prohibits the employment of a sex offender in any position having substantial contact with children; defines "substantial contact" as any activity involving children; establishes criminal penalties for violation of statutory provisions.

Bill Details

Versions:
A954
Current Committee:
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   954

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Correction

AN  ACT  to  amend  the  correction  law, in relation to prohibiting sex
  offenders from any position involving substantial contact  with  chil-
  dren

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

  Section 1. Section 168-w of the correction law, as relettered by chap-
ter 604 of the laws of 2005, is  relettered  section  168-x  and  a  new
section 168-w is added to read as follows:
  S  168-W.  SEX OFFENDERS SHALL NOT BE EMPLOYED IN A POSITION INVOLVING
SUBSTANTIAL CONTACT WITH CHILDREN. 1. NO SEX OFFENDER SHALL APPLY FOR OR
ACCEPT A POSITION WHICH INVOLVES SUBSTANTIAL CONTACT WITH CHILDREN. SUCH
POSITION SHALL INCLUDE ANY JOB, TASK OR OCCUPATION, WHICH BY ITS NATURE,
REQUIRES A PERSON TO BE IN SUBSTANTIAL  CONTACT  WITH  CHILDREN  IN  THE
REGULAR  PERFORMANCE  OF HIS OR HER DUTIES OR DEALINGS IN SUCH POSITION.
THIS SECTION SHALL ALSO APPLY TO ANY PERSON SEEKING A PERMIT OR  PERMIS-
SION  TO EXECUTE ANY ACTIVITY OR PERFORMANCE THAT WOULD PRESENT A DIRECT
CONTACT WITH CHILDREN.
  2. THE DEFINITION OF "POSITION" AS USED IN THIS SECTION,  SHALL  APPLY
TO ANY PERSON SEEKING EMPLOYMENT EITHER PAID OR UNPAID, ANY PERSON SEEK-
ING  TO  VOLUNTEER,  OR  ANY  PERSON SEEKING A PERMIT OR PERMISSION THAT
WOULD PRESENT A SUBSTANTIAL CONTACT WITH CHILDREN.
  3. EXAMPLES OF SUCH EMPLOYMENT SHALL INCLUDE, BUT SHALL NOT BE LIMITED
TO:
  A. ANY POSITION IN A SCHOOL INCLUDING TEACHERS, TEACHER-AIDES,  ADMIN-
ISTRATORS,  ASSISTANTS, CAFETERIA WORKERS, JANITORS, NURSES OR ANY OTHER
PERSON WORKING IN A SCHOOL THAT WOULD HAVE  CONTACT  WITH  THE  CHILDREN
ATTENDING SAID SCHOOL;
  B. ANY POSITION IN A CHILD-CARE FACILITY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02720-01-5

A. 954                              2

  C.  ANY RECREATIONAL POSITION SUCH AS A COACH, BOY SCOUT OR GIRL SCOUT
LEADER, CAMP COUNSELOR, LIFEGUARD, INSTRUCTOR OR ANY OTHER  RECREATIONAL
AREA THAT WOULD PRESENT A SUBSTANTIAL CONTACT WITH CHILDREN;
  D.  ANY  POSITION  IN  A PARK, PLAYGROUND, AMUSEMENT PARK, POOL OR ANY
OTHER FACILITY OR AREA WHERE CHILDREN HAVE A PROPENSITY TO INHABIT;
  E. ANY STORE OR RESTAURANT THAT IS SPECIFICALLY TARGETED TOWARDS CHIL-
DREN SUCH AS A TOY STORE OR CHILDREN'S THEME RESTAURANT;
  F. ANY POSITION WHEREIN A PERSON WOULD BE EMPLOYED  IN  AN  AREA  THAT
SPECIFICALLY  IS  TARGETED  TOWARDS  CHILDREN SUCH AS AN ICE CREAM TRUCK
OPERATOR;
  G. ANY PERSON APPLYING FOR A PERMIT OR  PERMISSION  THAT  WOULD  GRANT
SAID  PERSON  THE  ABILITY  TO  CARRY OUT ANY ACTIVITY OR ACTION THAT IS
DIRECTED TOWARDS OR WOULD INVOLVE SUBSTANTIAL CONTACT WITH CHILDREN.
  4. EMPLOYERS, ORGANIZATIONS AND GOVERNMENT ENTITIES SHALL HAVE  ACCESS
TO  THE  STATEWIDE  CENTRAL REGISTRY OF CHILD ABUSE AND MALTREATMENT FOR
THE PURPOSE OF PERFORMING A BACKGROUND  CHECK  FOR  ANY  CONVICTIONS  OF
SEXUAL  ABUSE  OF  A  CHILD. EVERY EMPLOYER, ORGANIZATION AND GOVERNMENT
ENTITY SHALL CHECK ANY POTENTIAL EMPLOYEES SEEKING TO ASSUME A  POSITION
THAT  WILL  BE  IN  SUBSTANTIAL  CONTACT  WITH CHILDREN AGAINST BOTH THE
STATEWIDE CENTRAL REGISTRY OF  CHILD  ABUSE  AND  MALTREATMENT  AND  THE
REGISTERED  SEX  OFFENDERS  DATABASE  TO  ASCERTAIN IF SAID PERSON HAS A
CONVICTION FOR SEXUAL ABUSE OF A CHILD.
  5. "SUBSTANTIAL CONTACT WITH CHILDREN" AS USED IN THIS  SECTION  MEANS
WORKING  WITH CHILDREN, HAVING ACCESS TO CHILDREN, HAVING OPPORTUNITY TO
BE ALONE WITH CHILDREN, SPENDING  TIME  WITH  CHILDREN,  PERFORMING  FOR
CHILDREN OR ANY OTHER ACTIVITY THAT INVOLVES CHILDREN.
  6.  A.  ANY  SEX  OFFENDER  WHO  APPLIES  FOR OR ACCEPTS EMPLOYMENT IN
VIOLATION OF THIS SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR  UPON
THE FIRST CONVICTION THEREOF, AND UPON A SECOND OR SUBSEQUENT CONVICTION
THEREOF SHALL BE GUILTY OF A CLASS D FELONY.
  B.  ANY  EMPLOYER WHO KNOWINGLY EMPLOYS A SEX OFFENDER IN VIOLATION OF
THIS SECTION SHALL, UPON CONVICTION, BE GUILTY OF A CLASS A MISDEMEANOR.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

assembly Bill A941

Relates to regulations authorizing the issuance of financial penalties

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 regulations authorizing the issuance of financial penalties.

Bill Details

Versions:
A941
Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Add §229, Pub Hous L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   941

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

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

AN  ACT  to  amend  the  public  housing law, in relation to regulations
  authorizing the issuance of financial penalties

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

  Section  1.  The public housing law is amended by adding a new section
229 to read as follows:
  S 229. REGULATIONS. NO AUTHORITY, OFFICE  OR  OTHER  ENTITY  OPERATING
PURSUANT  TO THIS CHAPTER SHALL ENACT ANY NEW REGULATION AUTHORIZING THE
ISSUANCE OF A FINANCIAL PENALTY UNLESS:
  (A) ALL AFFECTED RESIDENTS ARE NOTIFIED  OF  THE  PROPOSED  REGULATION
WITH A DETAILED DESCRIPTION OF (I) THE PENALTY, (II) WHO HAS THE AUTHOR-
ITY  TO  ISSUE  SUCH  PENALTY,  AND  (III)  HOW  SUCH  PENALTY  SHALL BE
COLLECTED;
  (B) A MAJORITY OF THE  AFFECTED  RESIDENTS  APPROVES  SUCH  REGULATION
THROUGH A PAPER BALLOT; AND
  (C)  A MAJORITY OF THE BOARD OF DIRECTORS OF SUCH ENTITY APPROVES SUCH
REGULATION.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01132-01-5

assembly Bill A953

Relates to prohibiting certain practices by code enforcement officers

download pdf

Sponsor

Bill Status


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

actions

Summary

Prohibits the use of certain interactive, live feed technology by code enforcement officers conducting inspections.

Bill Details

Versions:
A953
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Add §§17-302 & 20-119, NYC Ad Cd; add §1312, Pub Health L; amd §381, Exec L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   953

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Cities

AN  ACT  to  amend  the administrative code of the city of New York, the
  public health law and the executive law, in  relation  to  prohibiting
  the  use  of  certain  devices  or  technology  during  the conduct of
  inspections

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

  Section  1. The administrative code of the city of New York is amended
by adding two new sections 17-302 and 20-119 to read as follows:
  S 17-302 INSPECTIONS; PROHIBITIONS. NO  OFFICER  OR  EMPLOYEE  OF  THE
DEPARTMENT  WHO  IS  CONDUCTING  AN INSPECTION OF A PREMISES LICENSED OR
REGULATED UNDER THIS TITLE SHALL UTILIZE ANY DEVICE OR TECHNOLOGY  WHICH
PERMITS  THE  USER  TO CONDUCT A LIVE FEED OF DATA OR IMAGES TO A REMOTE
VIEWER. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT  AN  INSPECTOR
FROM  PHOTOGRAPHING  OR RECORDING IMAGES, DATA OR COMMUNICATIONS FOR THE
PURPOSES OF FUTURE ACCESS AND VIEWING.
  S 20-119 INSPECTIONS; PROHIBITIONS. NO  OFFICER  OR  EMPLOYEE  OF  THE
DEPARTMENT  WHO  IS  CONDUCTING  AN INSPECTION OF A PREMISES LICENSED OR
REGULATED UNDER THIS TITLE SHALL UTILIZE ANY DEVICE OR TECHNOLOGY  WHICH
PERMITS  THE  USER  TO CONDUCT A LIVE FEED OF DATA OR IMAGES TO A REMOTE
VIEWER. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT  AN  INSPECTOR
FROM  PHOTOGRAPHING  OR RECORDING IMAGES, DATA OR COMMUNICATIONS FOR THE
PURPOSES OF FUTURE ACCESS AND VIEWING.
  S 2. The public health law is amended by adding a new section 1312  to
read as follows:
  S  1312.  INSPECTIONS;  PROHIBITIONS.  NO  OFFICER  OR EMPLOYEE OF THE
DEPARTMENT OR OF  ANY  LOCAL  BOARD  OF  HEALTH  WHO  IS  CONDUCTING  AN
INSPECTION  OF A PREMISES LICENSED OR REGULATED UNDER THIS CHAPTER SHALL
UTILIZE ANY DEVICE OR TECHNOLOGY WHICH PERMITS THE  USER  TO  CONDUCT  A
LIVE  FEED  OF DATA OR IMAGES TO A REMOTE VIEWER. THE PROVISIONS OF THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02895-01-5

A. 953                              2

SECTION SHALL NOT PROHIBIT AN INSPECTOR FROM PHOTOGRAPHING OR  RECORDING
IMAGES,  DATA  OR  COMMUNICATIONS  FOR THE PURPOSES OF FUTURE ACCESS AND
VIEWING.
  S  3.  Section  381  of  the  executive law is amended by adding a new
subdivision 7 to read as follows:
  7. NO STATE OR LOCAL OFFICER OR AGENT WHO IS CONDUCTING AN  INSPECTION
OF  ANY PREMISES TO DETERMINE COMPLIANCE WITH STATE OR LOCAL CODES SHALL
UTILIZE ANY DEVICE OR TECHNOLOGY WHICH PERMITS THE  USER  TO  CONDUCT  A
LIVE  FEED  OF DATA OR IMAGES TO A REMOTE VIEWER. THE PROVISIONS OF THIS
SECTION SHALL NOT PROHIBIT AN INSPECTOR FROM PHOTOGRAPHING OR  RECORDING
IMAGES,  DATA  OR  COMMUNICATIONS  FOR THE PURPOSES OF FUTURE ACCESS AND
VIEWING.
  S 4. This act shall take effect immediately.

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