senate Bill S1029

Requires the New York police department and the parks and recreation department to submit to the city council reports of crime in all parks, including playgrounds, recreation centers, beaches and pools; repealer

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Bill Status


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

Requires the New York City police department and the parks and recreation department to submit to the city council reports of crime in all parks, including playgrounds, recreation centers, beaches and pools within the city.

Bill Details

Versions:
S1029
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Rpld & add §14-150 sub a ¶4, NYC Ad Cd

Sponsor Memo

BILL NUMBER:S1029

TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to requiring the New York police department and
the parks and recreation department to submit to the city council
reports of crime in all parks, including playgrounds, recreation
centers, beaches and pools within the city; and repealing certain
provisions of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to
require the New York Police Department to issue a more substantive
crime status report in parks within the jurisdiction of the department
of parks and recreation including parks, playgrounds and recreation
centers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill repeals paragraph 4 of subdivision a of section
14-.150 of the administrative code of the city of New York and a new
paragraph 4 is added that sets forth reporting requirements for crime
status in parks.

The new section requires the police department and the department of
parks and recreation to provide crime status reports to include the
total number of crime complaints (categorized by class of crime,
indicating whether the crime is a misdemeanor or felony) for each
patrol precinct, including housing bureau and transit bureau
complaints within each precinct; arrests (categorized by class of
crime, indicating whether the arrest is for a misdemeanor or felony)
for each patrol precinct, housing police service area, transit
district, street crime unit and narcotics division; summons activity
(categorized by type of summons, indicating whether the summons is a
parking violation, moving violation, environmental control board
notice of violation, or criminal court summons) for each patrol
precinct, housing police service area and transit district; such
reports reports shall include the total number of major felony crime
complaints for all parks under the jurisdiction of the department of
parks and recreation.

In addition, the department shall submit to the council, the total
number of major felony crime complaints quarterly one year after
enactment of this law for parks under the jurisdiction of the
department of parks and recreation.

The Police and the Parks Department also shall submit biannual reports
on all summons activity (categorized by type of summons, indicating
whether the summons is a parking violation, moving violation,
environmental control board notice of violation, or criminal court
summons, broken down by type of summons, i.e. illegal Dumping, Lewd
Acts, Failure to Comply With A Sign, Illegal vending.)

The Police and/or Parks Department shall conspicuously post all
reports online via the department's website within five business days
of the department's submission of such reports to the City Council and
no later than one month after the end of the quarter.


Section 2 sets forth an effective date thirty days after it shall have
become law.

JUSTIFICATION: Currently the New York Police Department tracks crime
in only 30 of the city's 1700 public parks and playgrounds. This is
despite the fact that each of the 1700 public parks are located within
a New York City police precinct. In addition, weekly data is currently
available on only one New York City park w Central Park in Manhattan.

Given that each park is located within a police precinct there is no
reason that tracking and reporting of crime in all parks, playgrounds
and recreation centers could be made readily available.

Furthermore, the department of parks and recreation currently tracks
arrests although it does not publicly release such data and they
currently track weekly, monthly and weekly and yearly statically
summons activity reports broken down by park.

This bill will revise the breadth and manner in which crime status
reports are to be issued to the city council. Such information is
necessary to adequately inform the public and to assist relevant
agencies, including the police department and department of parks and
recreation, in reducing criminal activity in city parks.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect thirty days after it shall
have become law.

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

                                  1029

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

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

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to requiring the New York police department and the parks and
  recreation  department  to submit to the city council reports of crime
  in all parks, including playgrounds, recreation centers,  beaches  and
  pools  within  the  city; and repealing certain provisions of such law
  relating thereto

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

  Section  1.  Paragraph  4  of  subdivision  a of section 14-150 of the
administrative code of the city of New York is REPEALED and a new  para-
graph 4 is added to read as follows:
  4.  REPORTING  REQUIREMENTS  FOR  CRIME STATUS IN PARKS. (A) IN CITIES
HAVING A POPULATION OF ONE  MILLION  OR  MORE  INHABITANTS,  THE  POLICE
DEPARTMENT  AND  PARKS  AND  RECREATION  DEPARTMENT  SHALL ISSUE A CRIME
STATUS REPORT. SUCH REPORT SHALL INCLUDE:
  (I) THE TOTAL NUMBER OF CRIME  COMPLAINTS,  CATEGORIZED  BY  CLASS  OF
CRIME, INDICATING WHETHER THE CRIME IS A MISDEMEANOR OR FELONY, FOR EACH
PATROL  PRECINCT, INCLUDING HOUSING BUREAU AND TRANSIT BUREAU COMPLAINTS
WITHIN EACH PRECINCT;
  (II) ARRESTS, CATEGORIZED BY CLASS OF CRIME,  INDICATING  WHETHER  THE
ARREST IS FOR A MISDEMEANOR OR FELONY, FOR EACH PATROL PRECINCT, HOUSING
POLICE  SERVICE  AREA, TRANSIT DISTRICT, STREET CRIME UNIT AND NARCOTICS
DIVISION; AND
  (III) SUMMONS ACTIVITY, CATEGORIZED BY  TYPE  OF  SUMMONS,  INDICATING
WHETHER  THE  SUMMONS IS A PARKING VIOLATION, MOVING VIOLATION, ENVIRON-
MENTAL CONTROL BOARD NOTICE OF VIOLATION, OR CRIMINAL COURT SUMMONS  FOR
EACH PATROL PRECINCT, HOUSING POLICE SERVICE AREA AND TRANSIT DISTRICT.
  (B)  SUCH REPORTS SHALL INCLUDE THE TOTAL NUMBER OF MAJOR FELONY CRIME
COMPLAINTS FOR ALL PARKS UNDER THE JURISDICTION  OF  THE  DEPARTMENT  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02063-01-5

S. 1029                             2

PARKS AND RECREATION. IN ADDITION, WITHIN ONE YEAR OF THE EFFECTIVE DATE
OF  THIS  PARAGRAPH,  THE DEPARTMENTS SHALL SUBMIT QUARTERLY TO THE CITY
COUNCIL, THE TOTAL NUMBER OF MAJOR FELONY  CRIME  COMPLAINTS  FOR  PARKS
UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS AND RECREATION.
  (C) THE POLICE DEPARTMENT AND THE PARKS AND RECREATION DEPARTMENT ALSO
SHALL  SUBMIT  BI-ANNUAL REPORTS ON ALL SUMMONS ACTIVITY, CATEGORIZED BY
TYPE OF SUMMONS, INDICATING WHETHER THE SUMMONS IS A PARKING  VIOLATION,
MOVING  VIOLATION,  ENVIRONMENTAL  CONTROL BOARD NOTICE OF VIOLATION, OR
CRIMINAL COURT SUMMONS. SUCH SUMMONS SHALL BE BROKEN  DOWN  BY  TYPE  OF
SUMMONS, INCLUDING BUT NOT LIMITED TO, ILLEGAL DUMPING, LEWD ACTS, FAIL-
URE TO COMPLY WITH A SIGN, AND ILLEGAL VENDING.
  (D)  THE  POLICE  DEPARTMENT  AND  THE PARKS AND RECREATION DEPARTMENT
SHALL CONSPICUOUSLY  POST  ALL  REPORTS  ONLINE  VIA  SUCH  DEPARTMENT'S
WEBSITE WITHIN FIVE BUSINESS DAYS OF THE DEPARTMENT'S SUBMISSION OF SUCH
REPORTS TO THE CITY COUNCIL AND NO LATER THAN ONE MONTH AFTER THE END OF
THE QUARTER.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

senate Bill S1028

Requires municipal and government agencies to abstain from disposing and destroying of public trees and tree parts that are involved in property damage, personal injury or death to persons

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Bill Status


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

Summary

Enacts "Yingyi's law"; requires municipal and government agencies, and individual members of the public to abstain from disposing and destroying of public trees, tree parts that are involved in property damage, personal injury or death to persons from trees growing within and across the public-right-of-ways, including parks and street trees; provides that trees and/or tree parts shall be inspected, analyzed and diagnosed for defects, disease and determine presumed/opinion as to the cause of failure by a full-time independent consulting arborist (CA) trained and skilled in tree diagnostic practices, lab sampling, photo documentation, forensics and legally binding report writing.

Bill Details

Versions:
S1028
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Add §4-209, NYC Ad Cd

Sponsor Memo

BILL NUMBER:S1028

TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to requiring municipal and government agencies,
and individual members of the public to abstain from disposing and
destroying of public trees, tree parts that are involved in property
damage, personal injury or death to persons from trees growing within
and across the public-right-of-ways, including parks and street trees

PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to ensure
that the city of New York is properly inspecting, diagnosing and
analyzing public trees that cause property damage, personal injury or
death within 48 hours and make such reports publicly available.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the administrative code of the city of New York by
adding a new section 4-209 that requires the New York City Parks and
Recreation Department and other relevant agencies:

* to contract with consulting arborists to inspect, diagnose and
analyze for defects and disease all public trees and/or tree parts
involved in property damage, personal injury or death within 48 hours
and for a report to be issued that is publicly available on-line
within 30 days of the inspection.

* All reasonable efforts are required to be made to save and preserve
the tree and/or tree part samples at the scene of the incident so that
it can be examined by the consulting arborist or a chain of custody
must be established.

* In cases of severe damage due to storms every reasonable effort must
be made to mark, label and identify the tree at the location by the
consulting arborist.

Section 2 sets forth an immediate effective date.

JUSTIFICATION: The bill is named in honor of a young woman Yingyi
Li-Dikov who was 6 months pregnant with her first child and was killed
when she was struck by falling tree in Kissena Park Queens in August
2013.

Public properties belonging to the city of New York are home to
thousands of trees in varying states of health. The city is
responsible for maintaining these trees so that they remain healthy
and do not pose extraordinary dangers to public safety and property.

This bill is necessary to ensure that the city is engaging in proper
inspections where incidents may occur so that the public is protected
and the city can better manage its responsibility for maintaining its
tree population.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE:


This act shall take effect immediately.

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

                                  1028

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

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

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to requiring municipal and government agencies, and individ-
  ual members of the public to abstain from disposing and destroying  of
  public  trees,  tree  parts  that  are  involved  in  property damage,
  personal injury or death to persons  from  trees  growing  within  and
  across the public-right-of-ways, including parks and street trees

  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 "Yingyi's law".
  S 2. The administrative code of the city of New  York  is  amended  by
adding a new section 4-209 to read as follows:
  S  4-209 PUBLIC  TREES. 1. THE PARKS AND RECREATION DEPARTMENT AND ALL
RELEVANT AGENCIES SHALL CONTRACT WITH A FULL-TIME INDEPENDENT CONSULTING
ARBORIST TO INSPECT, DIAGNOSE AND ANALYZE FOR DEFECTS  AND  DISEASE  ALL
PUBLIC TREES, TREE PARTS INVOLVED IN PROPERTY DAMAGE, PERSONAL INJURY OR
DEATH  WITHIN FORTY-EIGHT HOURS. SUCH CONSULTING ARBORIST SHALL GENERATE
A REPORT WHICH WILL BE PUBLICLY AVAILABLE ON-LINE WITHIN THIRTY DAYS  OF
SUCH INSPECTION.
  2.  THE  CONDITION  AND CAUSE OF THE TREE FAILURE SHALL BE DOCUMENTED.
TREES AND/OR TREE PARTS SHALL BE INSPECTED, ANALYZED AND  DIAGNOSED  FOR
DEFECTS, DISEASE AND DETERMINE PRESUMED/OPINION AS TO THE CAUSE OF FAIL-
URE  BY  A  FULL-TIME  INDEPENDENT  CONSULTING ARBORIST (CA) TRAINED AND
SKILLED IN TREE DIAGNOSTIC PRACTICES, LAB SAMPLING, PHOTO DOCUMENTATION,
FORENSICS AND LEGALLY BINDING REPORT WRITING.  THE  CONSULTING  ARBORIST
WITH  THIS  SKILL  SET  SHALL  BE  A MEMBER OF THE NATIONAL ORGANIZATION
REPRESENTING THE PROFESSION-THE AMERICAN SOCIETY OF CONSULTING ARBORISTS
(ASCA) AND PREFERABLY REFERRED TO AS A REGISTERED  CONSULTING  ARBORISTS
(RCA) BY THAT ORGANIZATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02064-01-5

S. 1028                             2

  3.   THE   INSPECTION/SAMPLING  AND  DIAGNOSIS  MUST  BE  MADE  WITHIN
FORTY-EIGHT HOURS OF THE INCIDENT. EVERY EFFORT SHALL BE MADE TO PROVIDE
THE CONSULTING ARBORIST WITH ACCESS TO THE SPECIMEN AT THE INITIAL  SITE
OF  OCCURRENCE AND OR ANY SUBSEQUENT LOCATION THAT THE SPECIMEN HAS BEEN
MOVED  TO  FOR STORAGE AND PRESERVATION WITHIN THE BOROUGH OF OCCURRENCE
IN THE CITY OF NEW YORK.
  4. EVERY REASONABLE EFFORT MUST BE MADE TO SAVE AND PRESERVE THE  TREE
AND/OR  TREE PART SAMPLE AT THE SCENE OF THE INCIDENT. IN THE EVENT THAT
AN INDEPENDENT CONSULTING ARBORIST IS UNABLE TO VISIT THE SITE TO SECURE
THE SPECIMEN OR SPECIMENS IN A REASONABLE PERIOD OF  TIME,  A  CHAIN  OF
CUSTODY SHALL BE ESTABLISHED BY THE CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION FORESTRY AND/OR CLIMBER AND PRUNER PERSONNEL.
  5.  IN THE EVENT THE TREES INHABIT PROPERTIES BELONGING TO OTHER AGEN-
CIES SUCH AS THE BOARD OF EDUCATION, OR DCAS, MTA, STATE DOT, NYCHA ETC.
THE CHAIN OF CUSTODY REVERTS TO THE INDIVIDUAL AGENCY.  THE  CITY  SHALL
MAINTAIN A LIST OF APPROVED CONSULTING ARBORISTS, CREATED FROM THE ISSU-
ANCE  OF  A  REQUEST FOR PROPOSALS. A REPRESENTATIVE FROM THE INDIVIDUAL
AGENCIES SHALL BE DESIGNATED TO CALL THE APPROVED ARBORISTS.
  6. RESULTS ON THE FINDINGS ABOUT THE CONDITION OF  TREES  AND/OR  TREE
LIMBS  INVOLVED  IN  PERSONAL  INJURIES AND PROPERTY DAMAGE MUST BE MADE
PERMANENTLY AVAILABLE ON-LINE WITHIN THIRTY DAYS OF THE  INCIDENT  ON  A
WEBSITE  MAINTAINED  BY  THE  CITY OF NEW YORK; AND THAT THE INDEPENDENT
REPORTING IN THE FORM OF A CONSULTING ARBORIST REPORT SHALL OCCUR BY THE
CONSULTING ARBORIST WHO WILL VERIFY THE PERFORMED TREE AND/OR TREE  PART
DIAGNOSIS AND LAB ANALYSIS. THE FORMAT OF SUCH REPORT FOR ON-LINE INTER-
NET AVAILABILITY SHALL BE DETERMINED BY THE CITY OF NEW YORK.
  7. IN THE EVENT OF STORMS OR A SERIES OF STORMS THAT RESULT IN A LARGE
VOLUME  OF  TREE  LOSSES  OR  TREE  FAILURES THAT CAUSE PROPERTY DAMAGE,
PERSONAL INJURIES OR DEATH TO PERSONS, EVERY REASONABLE EFFORT  MUST  BE
MADE TO MARK, LABEL AND IDENTIFY THE TREE/TREE PARTS AT THAT LOCATION BY
THE CONSULTING ARBORIST, ONCE CONTACTED.
  S 3. This act shall take effect immediately.

senate Bill S1027

Authorizes school districts to establish a reserve fund to cover the costs and expenses of providing special education programs

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Bill Status


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

Summary

Authorizes school districts to establish a reserve fund to cover the costs and expenses of providing special education programs.

Bill Details

Versions:
S1027
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3651, Ed L

Sponsor Memo

BILL NUMBER:S1027

TITLE OF BILL: An act to amend the education law, in relation to
authorizing school districts to establish reserve funds for the
payment of the costs and expenses of programs of special education

PURPOSE: Authorizes school districts to establish a reserve fun to
cover the costs and expenses of providing special education programs

SUMMARY OF PROVISIONS:

Section one- adds two new subdivisions to section 3651 of the
education law to provide for the establishment of a reserve fund for
the payments of the costs and expenses of providing programs of
special education.

Section two- contains the effective date.

EXISTING LAW:

Section 3651 of the Education Law relates to special revenue funds

JUSTIFICATION: Under the current state education aid formula, each
school district's aid is based on enrollment from the previous school
year. There are many instances when new students enroll in a school
district or enroll during a school year who require special education
services. This legislation seeks to ameliorate this situation by
permitting school distracts' to establish a special reserve fund for
special education purposes so that the district will have the funds to
pay for the needed program in the year the child receives the service.

LEGISLATIVE HISTORY: 2007/08: S. 5365 Referred to Education Committee
2009/10: S. 296 Referred to Education Committee 2012: S. 6125
Referred to Education Committee

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1027

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- 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  authorizing  school
  districts  to establish reserve funds for the payment of the costs and
  expenses of programs of special education

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

  Section  1. Section 3651 of the education law is amended by adding two
new subdivisions 1-c and 3-b to read as follows:
  1-C.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  ANY  SCHOOL  DISTRICT  MAY  ESTABLISH  A  RESERVE FUND FOR THE
PAYMENTS OF THE COSTS AND EXPENSES  OF  PROVIDING  PROGRAMS  OF  SPECIAL
EDUCATION  PURSUANT  TO  ARTICLE  EIGHTY-NINE  OF  THIS CHAPTER, WITHOUT
APPROVAL BY THE QUALIFIED VOTERS OF  THE  DISTRICT,  PROVIDED,  HOWEVER,
THAT  THE TOTAL OF THE MONIES HELD IN SUCH RESERVE FUND SHALL NOT EXCEED
THAT AMOUNT WHICH MIGHT REASONABLY BE DEEMED NECESSARY  TO  MEET  ANTIC-
IPATED COSTS AND EXPENSES OF PROVIDING PROGRAMS OF SPECIAL EDUCATION FOR
WHICH THE STATE HAS NOT PROVIDED FINANCIAL ASSISTANCE. ANY MONIES DEPOS-
ITED  TO SUCH RESERVE FUND WHICH ARE NOT EXPENDED FOR THE PAYMENT OF THE
COSTS AND EXPENSES OF PROVIDING PROGRAMS OF SPECIAL EDUCATION DURING THE
SCHOOL YEAR AND/OR WHICH WILL NOT REASONABLY BE REQUIRED TO PAY ANY SUCH
COSTS AND EXPENSES SHALL BE RETURNED TO THE GENERAL FUND.
  3-B. NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION, ANY SCHOOL DISTRICT WHICH ESTABLISHES A RESERVE FUND IN ACCORD-
ANCE  WITH  SUBDIVISION ONE-C OF THIS SECTION MAY MAKE EXPENDITURES FROM
SUCH FUND FOR THE PURPOSES SPECIFIED IN SUCH SUBDIVISION WITHOUT AUTHOR-
IZATION OF THE VOTERS.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06213-01-5

senate Bill S1007

Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by him or her

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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 the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by the state for the office of parks, recreation and historic preservation, unless the commissioner of parks, recreation and historic preservation finds that the land is of great significance and importance to the state.

Bill Details

See Assembly Version of this Bill:
A805
Versions:
S1007
Current Committee:
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §3.17, Pks & Rec L

Sponsor Memo

BILL NUMBER:S1007

TITLE OF BILL: An act to amend the parks, recreation and historic
preservation law, in relation to requiring the office of parks,
recreation and historic preservation to acquire all mineral rights to
real property acquired by such office

PURPOSE OF THE BILL:

The purpose of the bill is to ensure that OPRHP acquires the minerals
rights when acquiring property for state park, historic preservation
and other uses under its jurisdiction. The bill provides for certain
exceptions for lands of great significance and importance.

SUMMARY OF PROVISIONS:

The bill amends Section 3.17, Subdivision 1 of the Parks, Recreation
and Historic preservation Law, to require that real property acquired,
received, held or administered by the OPRHP commissioner include the
mineral rights on and under such lands. The bill does allow
acquisition and acceptance of lands of great significant and
importance without the mineral rights. Such acquisitions or
acceptances would be subject to an analytical report prepared by
OPRHP, that justifies and provides the rationale for such acquisition"
including but not limited to a description of the property, the
significance and importance of the land to the state, and the economic
benefits and impacts and local impacts of acquiring such property.
ORPHP would be required to hold one or more public hearings, including
at least one in the impacted area, and to publish such actions in the
Environmental Notice Bulletin at least one month prior to the hearing.

JUSTIFICATION:

In the past, OPRHP has acquired or accepted lands for state park
purposes without acquiring the mineral rights on or under such lands.
These mineral rights can be utilized, for example, for extraction of
materials such as oil and gas. Such activities can have a significant
adverse affect on the dedicated use of the lands (e.g. parks, historic
sites, etc.) and are inconsistent with the dedicated purpose of the
lands. This bill seeks to correct such problems by limiting future
acquisitions to those which include mineral rights on or under the
lands. An exception is provided for lands for great significance and
importance, in which case the acquisition/acceptance would be subject
to an in-depth analysis and report of potential impacts by OPRHP and
public review.

PRIOR LEGISLATIVE HISTORY:

2009/2010: Senate Reported and Committed to Finance. Assembly
Referred to Environmental Conservation.
2011/2012: S.2748 Referred to Cultural Affairs, Tourism, Parks &
Recreation
2013/2014: S.917 Referred to Cultural Affairs, Tourism, Parks &
Recreation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:


The bill may have some effect on the cost of acquiring lands for the
State Parks system, historic sites and other facilities administered
by OPRHP.

There would be costs associated with the preparation of the report and
the public hearings.

EFFECTIVE DATE:

This act would take effect immediately and apply to real property
acquired or received on or after such date.

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

                                  1007

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by Sens. SERRANO, KRUEGER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cultural Affairs,
  Tourism, Parks and Recreation

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to  requiring  the  office of parks, recreation and historic
  preservation to acquire all mineral rights to real  property  acquired
  by such office

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

  Section 1. Subdivision 1 of section 3.17 of the parks, recreation  and
historic  preservation  law,  as  amended  by chapter 727 of the laws of
1978, is amended to read as follows:
  1. Notwithstanding any other provision of law,  the  commissioner  may
acquire such property as may be necessary for the purposes and functions
of  the  office, within the amounts appropriated or available therefore.
Such property may be acquired pursuant to the provisions of the  eminent
domain  procedure law, or by purchase, lease, exchange, grant, condemna-
tion, gift, devise, bequest, or by any other lawful means. No real prop-
erty shall be so acquired unless the title thereto is  approved  by  the
attorney  general.    PROVIDED,  FURTHER, THAT NO REAL PROPERTY SHALL BE
ACQUIRED, RECEIVED, HELD OR ADMINISTERED BY THE COMMISSIONER UNLESS  THE
MINERAL  RIGHTS  ON AND UNDER SUCH LAND ARE ALSO ACQUIRED BY THE COMMIS-
SIONER IN THE NAME OF THE PEOPLE OF THE STATE  OF  NEW  YORK;  PROVIDED,
HOWEVER,  THAT THE COMMISSIONER MAY ACQUIRE, RECEIVE, HOLD OR ADMINISTER
REAL PROPERTY TO WHICH HE OR SHE HAS NOT  ACQUIRED  THE  MINERAL  RIGHTS
THERETO IN ANY CASE IN WHICH THE COMMISSIONER FINDS THAT SUCH REAL PROP-
ERTY IS OF GREAT SIGNIFICANCE AND IMPORTANCE TO THE STATE.  PRIOR TO THE
ACQUISITION,  RECEIPT, HOLDING OR ADMINISTRATION OF REAL PROPERTY BY THE
OFFICE TO WHICH THE COMMISSIONER HAS NOT  ACQUIRED  THE  MINERAL  RIGHTS
THERETO, THE COMMISSIONER SHALL ISSUE AN ANALYTICAL REPORT THAT PROVIDES
JUSTIFICATION  AND THE RATIONALE FOR SUCH PROPERTY ACQUISITION, NOTWITH-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04314-01-5

S. 1007                             2

STANDING THE LACK OF THE  MINERAL  RIGHTS  THERETO,  INCLUDING  BUT  NOT
LIMITED  TO  A  DESCRIPTION  OF  THE REAL PROPERTY, THE SIGNIFICANCE AND
IMPORTANCE OF THE LAND TO THE  STATE,  AND  THE  ECONOMIC  BENEFITS  AND
IMPACTS AND LOCAL IMPACTS OF ACQUIRING SUCH REAL PROPERTY.  AT LEAST ONE
MONTH AFTER THE ISSUANCE OF SUCH REPORT, THE OFFICE SHALL CONDUCT ONE OR
MORE  PUBLIC  HEARINGS,  WITH  AT LEAST ONE SUCH HEARING IN THE IMPACTED
AREA, AND SUCH ACTIONS SHALL BE PUBLISHED IN  THE  ENVIRONMENTAL  NOTICE
BULLETIN  AT  LEAST ONE MONTH PRIOR TO SUCH HEARING. Notwithstanding the
provisions of section eleven of the state finance law, the  commissioner
may  accept  a  conditional  grant,  gift,  devise  or  bequest with the
approval of the director of the budget. Title to real property which  is
acquired  shall  be  taken in the name of and be vested in the people of
the state of New York.
  S 2. This act shall take effect immediately and shall  apply  to  real
property acquired or received on or after such date.

senate Bill S1003

Gives members of the New York state legislature the ability to solemnize marriages

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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

Gives members of the New York State Legislature the ability to solemnize marriages, provided that they shall not charge a fee.

Bill Details

Versions:
S1003
Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §11, Dom Rel L

Sponsor Memo

BILL NUMBER:S1003

TITLE OF BILL: An act to amend the domestic relations law, in
relation to persons who may solemnize marriages

PURPOSE:

To authorize members of the New York state legislature to solemnize
marriages, as long as they do not charge or receive a fee.

SUMMARY OF PROVISIONS:

Section 1 includes members of the New York state legislature in
Section 11 of Domestic Relations Law by whom a marriage must be
solemnized.

Section 2 sets the effective date as immediately.

JUSTIFICATION:

Other elected officials are authorized to solemnize marriages, such as
a mayor and a county executive. There is no reason not to extend this
privilege to members of the New York state legislature. To ensure the
sanctity of such ceremonies, a member of the state legislature may not
charge or receive a fee to solemnize a marriage.

LEGISLATIVE HISTORY:

2013-14: S.4771 Referred to Judiciary

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

Immediately.

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

                                  1003

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

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

AN ACT to amend the domestic relations law, in relation to  persons  who
  may solemnize marriages

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

  Section 1. Section 11 of the domestic  relations  law  is  amended  by
adding a new subdivision 2-a to read as follows:
  2-A.  A  MEMBER  OF THE NEW YORK STATE LEGISLATURE, PROVIDED THAT SUCH
PERSON SHALL NOT CHARGE OR RECEIVE A FEE.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05974-01-5

senate Bill S995

Relates to use of ultra low sulfur diesel fuel and best available technology by the state; repealer

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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

Repeals provisions relating to use of ultra low sulfur diesel fuel and best available technology by the state.

Bill Details

Versions:
S995
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Rpld §19-0323, En Con L

Sponsor Memo

BILL NUMBER:S995

TITLE OF BILL: An act to repeal section 19-0323 of the environmental
conservation law relating to use of ultra low sulfur diesel fuel and
best available technology by the state

PURPOSE OR GENERAL IDEA OF BILL:

To repeal section 19-0323 of the Environmental Conservation Law.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - repeals Section 19-0323 of the Environmental Conservation
Law.

Section 2 - provides that this act shall become effective immediately.

JUSTIFICATION:

Section 19-0323 was enacted in 2006 with all the best intentions to
improve air quality in New York. As it has been gradually phased in,
it has proven to be very expensive for the state and for businesses
providing goods and services to the state, with continuing onerous
record keeping that must be prepared by businesses and reviewed and
saved by the state. The section only applies to in-state companies,
and doesn't apply to thousands of over-the-road truckers, interstate
delivery vehicles and the many vehicles from out-of-state who travel
New York roads. In effect, it does not solve the problem of air
pollution, while singling out New York companies to make them
economically non-competitive with out-of-state companies. This section
has become another expensive unfunded mandate with limited
environmental value, and it is time for the state to reconsider
whether it is appropriate to create burdens for our businesses and
government, and simply pass the costs of such regulations on without
recognizing the terrible costs they place on our state's economy and
our residents who cannot find jobs because businesses have gone
elsewhere.

PRIOR LEGISLATIVE HISTORY:

2011-12 - S.3523 - EN CON
2013-14 - S.2436 - EN CON

FISCAL IMPLICATIONS:

Overall savings to the state and businesses.

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
________________________________________________________________________

                                   995

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

AN ACT to repeal section 19-0323 of the environmental  conservation  law
  relating  to  use  of  ultra low sulfur diesel fuel and best available
  technology by the state

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

  Section  1.  Section  19-0323 of the environmental conservation law is
REPEALED.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02208-01-5

senate Bill S989

Requires institutions of higher education to disclose financial aid policies

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Sponsor

Bill Status


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

actions

Summary

Enacts the "financial aid disclosure act"; makes definitions; requires institutions of higher education to disclose financial aid policies relating to contributions to be made by such institution, any changes which may result to such financial aid and the reasons therefor; makes board of regents in charge of enforcement.

Bill Details

Versions:
S989
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 14-B §§698 - 698-b, §209-b, Ed L

Sponsor Memo

BILL NUMBER:S989

TITLE OF BILL: An act to amend the education law, in relation to
financial aid disclosure

PURPOSE:

This legislation protects students and those responsible for the
payment of enrollment costs for that student at an institution of
higher education by requiring that institutions of higher education
disclose their policies regarding adjustments to financial aid awards.

SUMMARY OF PROVISIONS:

This legislation requires that an institution of higher education
disclose to students and prospective students its financial aid policy
regarding adjustments made by the institution to an individual's
financial aid award.

JUSTIFICATION:

Due to the rising costs of receiving higher education, students often
rely on financial aid awards when choosing which college they will
attend. Financial aid is often awarded to students when several
factors such as the individual's income, financial need, outside
scholarships, grants, the school's available pool of financial aid,
etc. are considered. Many times some of these factors change during
the course of the individual's attendance at the institution,
resulting in a subsequent change in the individual's financial aid
package. This legislation would require the institution to disclose
its policy concerning how changes in these factors might cause
adjustments in the individual's financial aid package. In addition the
institution would be required to disclose how those adjustments would
be implemented.

This legislation further charges the regents to establish guidelines
for an enforce the provisions of this legislation.

LEGISLATIVE HISTORY:

2013-14 S.1563;
2011-12 S.1807; 2009-10 S.2050;
S.6373 of 2000,
S.2353 of 2001-02;
S.299 of 2003-2004;
S. 837 of 2005-2006;
S.3921, 2007-2008.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This legislation shall take effect on the first day of July next
succeeding the date on which it shall have become a law, provided,
however, that the adoption, amendments and/or repeal of any rule or


regulation necessary for the timely implementation of the provisions
of this act is authorized and directed to be completed on or before
such effective date.

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

                                   989

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sens.  LAVALLE, DeFRANCISCO, LARKIN, RANZENHOFER -- 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 financial aid disclo-
  sure

  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 article 14-B
to read as follows:
                              ARTICLE 14-B
                      FINANCIAL AID DISCLOSURE ACT
SECTION 698. SHORT TITLE.
        698-A. DEFINITIONS.
        698-B. DISCLOSURE OF FINANCIAL AID POLICY.
  S 698. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AS THE "FINANCIAL  AID
DISCLOSURE ACT."
  S  698-A.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
  1. "INSTITUTION OF HIGHER EDUCATION" SHALL HAVE THE  SAME  MEANING  AS
DEFINED IN ARTICLE FOURTEEN-A OF THIS CHAPTER.
  2.  "STUDENT" MEANS ANY INDIVIDUAL OR GROUP OF INDIVIDUALS RESPONSIBLE
FOR PAYING THE COST OF AN ENROLLED STUDENT'S HIGHER EDUCATION, INCLUDING
BUT NOT LIMITED TO A STUDENT AND HIS OR HER FAMILY.
  3. "FINANCIAL AID AWARD" MEANS ANY SCHOLARSHIP, GRANT, LOAN  OR  OTHER
FINANCIAL  AID  COMPENSATION  AWARDED  TO  A  STUDENT BY OR ADMINISTERED
THROUGH AN INSTITUTION OF HIGHER EDUCATION WITH THE PURPOSE OF  DECREAS-
ING  THE STUDENT'S COST OF ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCA-
TION.
  4. "OUTSIDE FINANCIAL AID AWARD" MEANS ANY SCHOLARSHIP,  GRANT,  AWARD
OR  OTHER TYPE OF FINANCIAL ASSISTANCE AWARDED TO A STUDENT BY OR ADMIN-
ISTERED THROUGH STATE OR NATIONAL GOVERNMENT OR A PRIVATE INDIVIDUAL  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00332-01-5

S. 989                              2

COMPANY  FOR  THE PURPOSE OF DECREASING THE STUDENT'S COST OF ATTENDANCE
AT AN INSTITUTION OF HIGHER EDUCATION.
  5.  "FINANCIAL AID PUBLICATION" MEANS ANY CATALOG, HAND BOOK, PROSPEC-
TUS, PAMPHLET, BULLETIN OR OTHER WRITTEN MATERIAL, SUPPLIED BY AN INSTI-
TUTION OF HIGHER EDUCATION THAT CONTAINS, EITHER  EXCLUSIVELY  OR  ALONG
WITH  OTHER MATERIAL, CONSIDERABLE INFORMATION REGARDING THE INSTITUTION
OF HIGHER EDUCATION'S FINANCIAL AID POLICIES.
  6. "FINANCIAL AID AWARD STATEMENT" MEANS THE STATEMENT PROVIDED BY THE
INSTITUTION OF HIGHER EDUCATION AND DISTRIBUTED TO  A  STUDENT  ACCEPTED
FOR  ENROLLMENT  AT SUCH INSTITUTION OF HIGHER EDUCATION THAT IDENTIFIES
THE SPECIFIC AMOUNT OF THE PROPOSED  INDIVIDUAL'S  FINANCIAL  AID  AWARD
FROM THE INSTITUTION OF HIGHER EDUCATION.
  7.  "FINANCIAL  AID AWARD AGREEMENT" MEANS THE ACTUAL FORM UTILIZED BY
THE INSTITUTION OF HIGHER EDUCATION AND THE STUDENT IN ORDER TO FINALIZE
THE FINANCIAL AID AGREEMENT.
  S 698-B. DISCLOSURE OF FINANCIAL AID POLICY. ALL FINANCIAL AID  PUBLI-
CATIONS, AWARD STATEMENTS AND AWARD AGREEMENTS SHALL DISCLOSE THE INSTI-
TUTION OF HIGHER EDUCATION'S FINANCIAL AID POLICY REGARDING:
  1. ANY CHANGES TO THE CONTRIBUTION THE INSTITUTION OF HIGHER EDUCATION
MAY  MAKE  IN  ITS AWARD DUE TO THE STUDENT'S USAGE OF OUTSIDE FINANCIAL
AID AWARDS, SCHOLARSHIPS, GRANTS, AWARDS OR  OTHER  TYPES  OF  FINANCIAL
ASSISTANCE  AWARDED TO A STUDENT BY OR ADMINISTERED THROUGH THE STATE OR
FEDERAL GOVERNMENT OR A PRIVATE INDIVIDUAL OR COMPANY FOR  THE  PURPOSES
OF DECREASING THE STUDENT'S COST OF ATTENDING COLLEGE;
  2.  ANY  ANNUAL ADJUSTMENT OF AN AWARD DUE TO CHANGES IN THE RESOURCES
OF THE STUDENT OR THOSE OF THE INSTITUTION OF HIGHER  EDUCATION  OR  FOR
ANY OTHER REASON; AND
  3.  IN  WHAT  SEQUENCE THE COMPONENTS OF A FINANCIAL AID AWARD WILL BE
INCREASED OR DECREASED WHEN A TOTAL  AWARD  IS  ADJUSTED,  AND  HOW  THE
INCREASE OR DECREASE WILL BE DISTRIBUTED BETWEEN COMPONENTS.
  S  2.  The  education  law is amended by adding a new section 209-b to
read as follows:
  S 209-B. ENFORCEMENT RELATING TO FINANCIAL AID DISCLOSURE. THE REGENTS
SHALL, BY RULE OR REGULATION, ESTABLISH GUIDELINES FOR AND CARRY OUT THE
ENFORCEMENT OF THE PROVISIONS OF ARTICLE FOURTEEN-B OF THIS CHAPTER  AND
SHALL PROVIDE NOTICE TO ALL INSTITUTIONS OF HIGHER EDUCATION OF ANY SUCH
RULE OR REGULATION ADOPTED FOR SUCH PURPOSES.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law provided, however, that the
adoption, amendment and/or repeal of any rule  or  regulation  necessary
for  the  timely implementation of the provisions of this act is author-
ized and directed to be completed on or before such effective date.

senate Bill S987

Relates to disqualification of employment for criminal history and the definition of ability to consent; provides hearsay exception for developmentally disabled

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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 an exception to the hearsay rule to allow testimony from persons with developmental disabilities.

Bill Details

Versions:
S987
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.77, CP L

Sponsor Memo

BILL NUMBER:S987

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to providing an exception to the hearsay rule to allow
testimony from persons with developmental disabilities

PURPOSE:

Establishes the exception to the hearsay rule for persons with
Developmental Disabilities.

SUMMARY OF PROVISIONS:

This bill creates a statutory exception to the "hearsay rule" to allow
an otherwise inadmissible statement made by a victim with
developmental disabilities to be used in court if deemed reliable by a
judge.

JUSTIFICATION:

Research has shown that 80 percent of developmentally disabled women
and 32 percent of developmentally disabled men have been the victims
of sexual assault, however, less than one percent of prosecuted sexual
assault cases involve developmentally disabled victims. These cases
are often not prosecuted because individuals with developmental
disabilities have a perceived lack of credibility and can have
severely limited means of communication.

By allowing these individuals to provide statements to those close to
them or in the communicative means most comfortable to them they are
able to provide effective testimony.

This legislation also provides for protections for the accused by
mandating detailed jury instructions and corroborating evidence at
trial Currently more than seven states have enacted similar
legislation. This legislation is critical to strengthening protections
for our most vulnerable populations and to hold the guilty accountable
for their actions.

LEGISLATIVE HISTORY:

Same as S.3803-2014-Codes Committee

FISCAL IMPLICATIONS:

None.

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
________________________________________________________________________

                                   987

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

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

AN ACT to amend the criminal procedure law, in relation to providing  an
  exception  to  the  hearsay  rule to allow testimony from persons with
  developmental disabilities

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

  Section  1.    The  criminal  procedure law is amended by adding a new
section 60.77 to read as follows:
S 60.77 STATEMENTS OF PERSONS WITH DEVELOPMENTAL  DISABILITIES;  HEARSAY
          EXCEPTION.
  1.  AN  OUT-OF-COURT  STATEMENT  MADE BY A PERSON WITH A DEVELOPMENTAL
DISABILITY, AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF  THE
MENTAL  HYGIENE LAW, NOT OTHERWISE ADMISSIBLE BY A STATUTE OR COURT RULE
THAT PROVIDES AN EXCEPTION TO THE OBJECTION OF HEARSAY IS ADMISSIBLE  IN
ANY CRIMINAL OR DELINQUENCY PROCEEDING IN WHICH THE PERSON IS ALLEGED TO
HAVE BEEN A VICTIM IF THE CONDITIONS OF SUBDIVISION FIVE OF THIS SECTION
ARE SATISFIED.
  2. (A) AN OUT-OF-COURT STATEMENT MADE BY A PERSON WITH A DEVELOPMENTAL
DISABILITY,  AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE
MENTAL HYGIENE LAW, THAT DESCRIBES ALL OR PART OF AN  OFFENSE  DESCRIBED
IN  PARAGRAPH  (B) OF THIS SUBDIVISION PERFORMED WITH, BY, ON, OR IN THE
PRESENCE OF THE DECLARANT, AND THAT IS NOT  OTHERWISE  ADMISSIBLE  BY  A
STATUTE  OR  COURT  RULE  THAT PROVIDES AN EXCEPTION TO THE OBJECTION OF
HEARSAY, IS ADMISSIBLE IN ANY CRIMINAL, DELINQUENCY, OR CIVIL PROCEEDING
IF THE CONDITIONS OF SUBDIVISION FIVE OF THIS SECTION ARE SATISFIED.
  (B) THE EXCEPTION DESCRIBED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION
APPLIES  TO  AN  OUT-OF-COURT STATEMENT MADE BY A PERSON WITH A DEVELOP-
MENTAL DISABILITY, WHICH STATEMENT DESCRIBES ALL OR PART OF ANY  OF  THE
FOLLOWING OFFENSES:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05002-01-5

S. 987                              2

  (I)  ANY  OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL
LAW;
  (II)  LABOR  TRAFFICKING  AS  DESCRIBED IN SECTION 135.35 OF THE PENAL
LAW;
  (III) AN OFFENSE INVOLVING INCEST  AS  DESCRIBED  IN  SECTION  255.25,
255.26 OR 255.27 OF THE PENAL LAW;
  (IV) SEX TRAFFICKING AS DESCRIBED IN SECTION 230.34 OF THE PENAL LAW;
  (V)  ANY  OFFENSE  DESCRIBED IN ARTICLE TWO HUNDRED THIRTY-FIVE OF THE
PENAL LAW;
  (VI) CRIMINAL ATTEMPT TO COMMIT ANY OF  THE  ACTS  SPECIFIED  IN  THIS
PARAGRAPH.
  3. AN OUT-OF-COURT STATEMENT BY A PERSON WITH A DEVELOPMENTAL DISABIL-
ITY,  AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL
HYGIENE LAW, THAT DESCRIBES ANY ACT OF CHILD  ABUSE,  CHILD  NEGLECT  OR
CHILD  MALTREATMENT  TO  WHICH  THE DECLARANT WAS SUBJECTED OR WHICH THE
DECLARANT WITNESSED, AND THAT IS NOT OTHERWISE ADMISSIBLE BY  A  STATUTE
OR COURT RULE THAT PROVIDES AN EXCEPTION TO THE OBJECTION OF HEARSAY, IS
ADMISSIBLE IN EVIDENCE IN ANY CRIMINAL, DELINQUENCY, OR CIVIL PROCEEDING
IN  WHICH  A  CHILD IS ALLEGED TO BE A VICTIM OF CHILD ABUSE, NEGLECT OR
MALTREATMENT, IF THE CONDITIONS OF SUBDIVISION FIVE OF THIS SECTION  ARE
SATISFIED.
  4.  AN  OUT-OF-COURT  STATEMENT  MADE BY A PERSON WITH A DEVELOPMENTAL
DISABILITY, AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF  THE
MENTAL  HYGIENE  LAW, THAT DESCRIBES ALL OR PART OF AN OFFENSE CONTAINED
IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW, OR  THAT  DESCRIBES
AN  ACT  OF  DOMESTIC  VIOLENCE AS DEFINED IN SUBDIVISION ONE OF SECTION
FOUR HUNDRED EIGHTY-ONE-C OF THE  SOCIAL  SERVICES  LAW,  NOT  OTHERWISE
ADMISSIBLE  BY  STATUTE  OR COURT RULE THAT PROVIDES AN EXCEPTION TO THE
OBJECTION OF HEARSAY, IS ADMISSIBLE IN EVIDENCE IN ANY CRIMINAL,  DELIN-
QUENCY,  OR  CIVIL  PROCEEDING  IF THE CONDITIONS OF SUBDIVISION FIVE OF
THIS SECTION ARE SATISFIED.
  5. THE EXCEPTIONS TO THE OBJECTION OF HEARSAY  DESCRIBED  IN  SUBDIVI-
SIONS  ONE,  TWO, THREE AND FOUR OF THIS SECTION SHALL APPLY ONLY IF THE
COURT FINDS IN A HEARING CONDUCTED OUTSIDE THE PRESENCE OF THE JURY THAT
THE TIME, CONTENT, AND CIRCUMSTANCES OF THE STATEMENT PROVIDE SUFFICIENT
SAFEGUARDS OF RELIABILITY; AND EITHER:
  (A) THE STATEMENT IS A NON-TESTIMONIAL STATEMENT; OR
  (B) (I) THE DECLARANT TESTIFIES AT THE PROCEEDINGS; OR
  (II) IF THE DECLARANT IS UNAVAILABLE TO TESTIFY, THE DEFENDANT HAS HAD
AN OPPORTUNITY TO CROSS-EXAMINE THE DECLARANT IN A  PREVIOUS  PROCEEDING
AND  THERE  IS CORROBORATIVE EVIDENCE OF THE ACT WHICH IS THE SUBJECT OF
THE STATEMENT.
  6. IF A STATEMENT IS ADMITTED PURSUANT  TO  THIS  SECTION,  THE  COURT
SHALL  INSTRUCT  THE  JURY IN THE FINAL WRITTEN INSTRUCTIONS THAT DURING
THE PROCEEDING THE JURY HEARD EVIDENCE REPEATING A PERSON'S OUT-OF-COURT
STATEMENT, THAT IT IS FOR THE JURY TO DETERMINE THE WEIGHT AND CREDIT TO
BE GIVEN THE STATEMENT, AND THAT, IN MAKING THE DETERMINATION, THE  JURY
SHALL  CONSIDER  THE  NATURE  OF  THE STATEMENT, THE CIRCUMSTANCES UNDER
WHICH THE STATEMENT WAS MADE, AND ANY OTHER RELEVANT FACTOR.
  7. THE PROPONENT OF THE STATEMENT SHALL GIVE THE ADVERSE PARTY REASON-
ABLE NOTICE OF HIS OR HER INTENTION  TO  OFFER  THE  STATEMENT  AND  THE
PARTICULARS OF THE STATEMENT.
  S 2. This act shall take effect immediately.

senate Bill S984

Authorizes certain inmates serving an indeterminate sentence to receive good time allowances of up to 1/3 of their minimum sentences

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 inmates serving indeterminate sentences of imprisonment for offenses involving controlled substances and marihuana to receive good time allowances against the minimum terms of their sentences not to exceed one-third of the minimum term imposed; provides that drug offenders can receive good behavior allowances for progress in assigned treatment programs and willing performance of duties.

Bill Details

Versions:
S984
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§803 & 805, Cor L

Sponsor Memo

BILL NUMBER:S984

TITLE OF BILL: An act to amend the correction law, in relation to
good behavior allowances

PURPOSE:

To authorize certain inmates serving indeterminate sentences to
receive good time allowances against the minimum terms of their
sentences not to exceed 1/3 of the actual minimum term imposed.

SUMMARY OF SPECIFICATION PROVISIONS:

Section 803 of the Correction Law is amended to allow for the granting
of good time allowances against the minimum terms of imprisonment, for
those inmates serving time for drug offenses pertaining to Article 220
or 221 of the Penal Law, but not to exceed 1/3 of the sentence imposed
by the court. Drug offenders can receive good behavior allowances for
progress in an assigned treatment program and willing performance of
duties. However, those who violate institutional rules or fail to
perform properly in assigned duties will not be granted good time
allowance.

This section is also amended to specify that the minimum period of
imprisonment will be reduced by the time allowance granted and the
eligibility of an inmate to receive this allowance will have no effect
on the inmate's ability to participate in department programs.

JUSTIFICATION:

Our prison population has a large number of inmates who are serving
terms of long sentences for non-violent drug offenses. This bill
would allow for drug offenders to receive good time allowances by
successfully performing their duties or completing assigned treatment
programs. Since the allowance may be applied towards the minimum terms
of their sentence, the inmates would be given the opportunity to see
the parole board sooner than they would under normal procedures
However, this does not mean that the inmate would be released sooner.

LEGISLATIVE HISTORY:

2013-2014: Referred to Crime Victims, Crime and Correction and died in
Committee.

FISCAL IMPLICATIONS:

The fiscal implication on state and local government is unknown at the
present time.

EFFECTIVE DATE:

This act shall take effect on the 1st of November next succeeding the
date on which it shall be become law.

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

                                   984

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

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

AN  ACT to amend the correction law, in relation to good behavior allow-
  ances

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

  Section  1.  Section  803 of the correction law is amended by adding a
new subdivision 1-a to read as follows:
  1-A. EVERY PERSON CONFINED IN AN INSTITUTION OF THE  DEPARTMENT  OR  A
FACILITY  IN  THE  DEPARTMENT OF MENTAL HYGIENE SERVING AN INDETERMINATE
SENTENCE OF IMPRISONMENT,  FOR  AN  OFFENSE  CONTAINED  IN  ARTICLE  TWO
HUNDRED  TWENTY  OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, MAY RECEIVE
TIME ALLOWANCE AGAINST THE MINIMUM TERM OR PERIOD OF HIS OR HER SENTENCE
NOT TO EXCEED IN THE AGGREGATE ONE-THIRD OF THE TERM OR  PERIOD  IMPOSED
BY THE COURT. SUCH ALLOWANCES MAY BE GRANTED FOR GOOD BEHAVIOR AND EFFI-
CIENT  AND  WILLING  PERFORMANCE  OF  DUTIES  ASSIGNED  OR  PROGRESS AND
ACHIEVEMENT IN AN ASSIGNED  TREATMENT  PROGRAM,  AND  MAY  BE  WITHHELD,
FORFEITED OR CANCELED IN WHOLE OR IN PART FOR BAD BEHAVIOR, VIOLATION OF
INSTITUTIONAL  RULES  OR  FAILURE  TO  PERFORM PROPERLY IN THE DUTIES OR
PROGRAM ASSIGNED.
  S 2. Section 803 of the correction law is  amended  by  adding  a  new
subdivision 1-b to read as follows:
  1-B.  EVERY  PERSON  CONFINED IN AN INSTITUTION OF THE DEPARTMENT OR A
FACILITY IN THE DEPARTMENT OF MENTAL HYGIENE  SERVING  AN  INDETERMINATE
SENTENCE  OF  IMPRISONMENT,  FOR  AN  OFFENSE  CONTAINED  IN ARTICLE TWO
HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW,  MAY  RECEIVE
TIME ALLOWANCE AGAINST THE MINIMUM TERM OR PERIOD OF HIS OR HER SENTENCE
NOT  TO  EXCEED IN THE AGGREGATE ONE-THIRD OF THE TERM OR PERIOD IMPOSED
BY THE COURT. SUCH ALLOWANCES MAY BE GRANTED FOR GOOD BEHAVIOR AND EFFI-
CIENT AND  WILLING  PERFORMANCE  OF  DUTIES  ASSIGNED  OR  PROGRESS  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02995-01-5

S. 984                              2

ACHIEVEMENT  IN  AN  ASSIGNED  TREATMENT  PROGRAM,  AND MAY BE WITHHELD,
FORFEITED OR CANCELED IN WHOLE OR IN PART FOR BAD BEHAVIOR, VIOLATION OF
INSTITUTIONAL RULES OR FAILURE TO PERFORM  PROPERLY  IN  THE  DUTIES  OR
PROGRAM ASSIGNED.
  S 3. Subdivision 2 of section 803 of the correction law, as amended by
chapter 126 of the laws of 1987, is amended to read as follows:
  2.  If  a  person  is  serving  more than one sentence, the authorized
allowances may be granted separately against the [maximum term] TERMS of
each sentence or, where consecutive sentences are involved, against  the
aggregate [maximum term] TERMS.  In no case, however, shall the total of
all  allowances  granted  to  any  such person under this section exceed
one-third of the time he would be required to  serve,  computed  without
regard to this section.
  S  4.  The  opening  paragraph  of subdivision 2 of section 803 of the
correction law, as amended by chapter 3 of the laws of 1995, is  amended
to read as follows:
  If  a  person is serving more than one sentence, the authorized allow-
ances may be granted separately against the term or [maximum term] TERMS
of each sentence or, where consecutive sentences are  involved,  against
the aggregate [maximum term] TERMS.  Such allowances shall be calculated
as follows:
  S  5.  Section  803  of  the correction law is amended by adding a new
subdivision 7 to read as follows:
  7. THE EXPIRATION OF THE MINIMUM PERIOD OF IMPRISONMENT, AS SET  FORTH
IN  PARAGRAPH  (A) OF SUBDIVISION ONE OF SECTION 70.40 OF THE PENAL LAW,
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I  OF
THE EXECUTIVE LAW, AND SECTION EIGHT HUNDRED FIVE OF THIS ARTICLE, SHALL
BE DEEMED TO MEAN THE MINIMUM PERIOD OF IMPRISONMENT REDUCED BY ANY TIME
ALLOWANCE  GRANTED  PURSUANT  TO  SUBDIVISION ONE-A OF THIS SECTION. THE
ELIGIBILITY OF AN INMATE TO  RECEIVE  ANY  TIME  ALLOWANCE  PURSUANT  TO
SUBDIVISION  ONE-A  OF  THIS  SECTION  SHALL  NOT  OTHERWISE AFFECT SUCH
INMATE'S ELIGIBILITY TO PARTICIPATE IN ANY DEPARTMENT PROGRAM.
  S 6. Subdivision 7 of section 803 of the correction law, as  added  by
section five of this act, is amended to read as follows:
  7.  The expiration of the minimum period of imprisonment, as set forth
in paragraph (a) of subdivision one of section 70.40 of the  penal  law,
paragraph  (a) of subdivision two of section two hundred fifty-nine-i of
the executive law, and section eight hundred five of this article, shall
be deemed to mean the minimum period of imprisonment reduced by any time
allowance granted pursuant to subdivision [one-a] ONE-B of this section.
The eligibility of an inmate to receive any time allowance  pursuant  to
subdivision  [one-a]  ONE-B  of  this section shall not otherwise affect
such inmate's eligibility to participate in any department program.
  S 7. Section 805 of the correction law, as amended  by  section  4  of
part E of chapter 62 of the laws of 2003, is amended to read as follows:
  S 805. Earned eligibility program. Persons committed to the custody of
the  department under an indeterminate or determinate sentence of impri-
sonment shall be assigned a work and treatment program as soon as  prac-
ticable. No earlier than two months prior to the inmate's eligibility to
be  paroled  pursuant  to  subdivision one of section 70.40 of the penal
law, the commissioner shall review the inmate's institutional record  to
determine  whether  he OR SHE has complied with the assigned program. If
the commissioner determines that the  inmate  has  successfully  partic-
ipated  in  the  program he may issue the inmate a certificate of earned
eligibility. Notwithstanding any other provision of law, an  inmate  who
is  serving  a sentence with a minimum term of not more than eight years

S. 984                              3

and who has been issued a certificate of earned  eligibility,  shall  be
granted  parole release at the expiration of his OR HER minimum term, OR
WHERE APPLICABLE, AT THE EXPIRATION OF THE MINIMUM TERM REDUCED  BY  ANY
TIME  ALLOWANCES,  or as authorized by subdivision four of section eight
hundred sixty-seven of this chapter unless the board  of  parole  deter-
mines  that  there  is  a reasonable probability that, if such inmate is
released, he OR SHE will not live and remain at liberty without  violat-
ing  the  law and that his release is not compatible with the welfare of
society. Any action by the commissioner pursuant to this  section  shall
be  deemed  a  judicial  function and shall not be reviewable if done in
accordance with law.
  S 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law,  provided  that  the
amendments  to  section  803 of the correction law made by sections one,
four and five of this act shall be subject to the expiration and  rever-
sion  of such section pursuant to section 74 of chapter 3 of the laws of
1995, as amended, when upon such date the provisions  of  sections  two,
three  and six of this act shall take effect; and provided, further, the
amendments to section 805 of the correction law made by section seven of
this act shall not affect the expiration of such section  and  shall  be
deemed to expire therewith.

senate Bill S838

Relates to providing grant assistance for service dogs

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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

Provides grant assistance for up to five thousand dollars for service dogs if they are deemed to be medically necessary by a licensed physician.

Bill Details

Versions:
S838
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §303-a, Soc Serv L

Sponsor Memo

BILL NUMBER:S838

TITLE OF BILL: An act to amend the social services law, in relation
to providing grant assistance for service dogs

PURPOSE:

To provide grant assistance of up to five thousand dollars to
individuals for whom a service dog is deemed medically necessary by a
licensed physician, to assist in covering the costs required for the
health or maintenance of such service dog.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends social services law section 303-a
subdivision 4 to renumber it to subdivision 5. Subdivision 4 is added
to require grant assistance of up to five thousand dollars for the
purchase and training, food, and any other expense required for the
health or maintenance of such service dog, provided such service dog
is deemed medically necessary by a licensed physician.

Section 2 of the bill is the effective date.

JUSTIFICATION:

The benefits of service animals as a form of medical treatment for
physical and mental disabilities are widely recognized. Licensed
physicians often determine service animals to be a medical necessity
for individuals with certain mental or physical disabilities. Despite
such animals being deemed necessary, under current law, the impaired
individual bears the exorbitant cost of acquiring, training, and
maintaining the service animal. Therefore, these individuals are often
forced to seek outside assistance to alleviate these costs, such as
through not-for-profit organizations. By providing a grant to help
cover the costs associated with acquisition, training, and maintenance
of service animals, this legislation will relieve impaired individuals
for whom service animals are deemed medically necessary, of the burden
of this high-cost form of treatment.

LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

The cost implications have not been fully determined.

EFFECTIVE DATE:

60 days after immediately bill becomes a law.

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

                                   838

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the social services law, in relation to providing  grant
  assistance for service dogs

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

  Section 1. Subdivision 4 of section 303-a of the social  services  law
is  renumbered subdivision 5 and a new subdivision 4 is added to read as
follows:
  4. IF SUCH SERVICE DOG IS DEEMED MEDICALLY  NECESSARY  BY  A  LICENSED
PHYSICIAN,  GRANT  ASSISTANCE  SHALL BE PROVIDED FOR UP TO FIVE THOUSAND
DOLLARS FOR THE PURCHASE AND  TRAINING,  FOOD,  AND  ANY  OTHER  EXPENSE
REQUIRED FOR THE HEALTH OR MAINTENANCE OF SUCH SERVICE DOG.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00516-01-5

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