senate Bill S787

Prohibits the application of certain lawn fertilizers to any watersheds and drainage basins in certain counties

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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

Prohibits the application of lawn fertilizers that are labeled as containing more than zero percent phosphorous to any watersheds and drainage basins in certain counties where the county legislature has passed a local law relating thereto.

Bill Details

See Assembly Version of this Bill:
A582
Versions:
S787
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §33-1006, amd §71-2907, En Con L

Sponsor Memo

BILL NUMBER:S787

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
application of lawn fertilizer to watersheds and drainage basins

PURPOSE:

Prohibits the application of lawn fertilizers containing more than
zero percent phosphorus to any waters.

SUMMARY OF PROVISIONS:

Adds a new Section 33-1006 to the environmental conservation law
defining terms and establishing provisions relating to the application
of lawn fertilizer to watersheds or drainage basins. Subdivision 1 of
Section 71-2907 of the environmental conservation law is amended to
set forth specific violation penalties.

JUSTIFICATION:

The ecological health, recreational quality and aesthetic value of
freshwater and marine environments is threatened when higher
concentrations of phosphates are introduced into waterways by storm
water runoff in drainage systems or as a non-point source of pollution
into groundwater. An excess of nutrients, such as phosphorus, can
increase the growth of algae and degrade the quality of water.
Prohibiting the application of lawn fertilizers containing more than
zero percent phosphorus to watersheds and drainage basins will help
protect the environmental and recreational quality of water resources
and contribute to the general health and welfare of the public.

LEGISLATIVE HISTORY:

2013-14 S.2357-A/A.2607-A;
2011-12 S.3554A;
2010 S.6822

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

Immediately

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

    S. 787                                                    A. 582

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  application of lawn fertilizer to watersheds and drainage basins

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 33-1006 to read as follows:
S 33-1006. APPLICATION  OF  LAWN  FERTILIZER  TO  WATERSHEDS OR DRAINAGE
             BASINS IN CERTAIN COUNTIES.
  1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  A.  "AGRICULTURE  USES"  MEANS  BEEKEEPING,  DAIRYING, EGG PRODUCTION,
FLORICULTURE, FISH OR FUR FARMING, FOREST AND GAME MANAGEMENT;  GRAZING;
LIVESTOCK  RAISING;  ORCHARDS;  PLANT GREENHOUSES AND NURSERIES; POULTRY
RAISING; RAISING OF GRAIN,  GRASS,  MINT  AND  SEED  CROPS;  RAISING  OF
FRUITS, NUTS, BERRIES, SOD FARMING AND VEGETABLE RAISING.
  B. "LAWN FERTILIZER" MEANS ANY FERTILIZER, WHETHER APPLIED BY PROPERTY
OWNER,  RENTER  OR  COMMERCIAL ENTITY, INTENDED FOR NONAGRICULTURAL USE,
SUCH AS FOR LAWNS, GOLF COURSES, PARKS AND CEMETERIES.  LAWN  FERTILIZER
DOES  NOT  INCLUDE  FERTILIZER PRODUCTS INTENDED PRIMARILY FOR GARDEN OR
INDOOR USE.
  2. A. EFFECTIVE MARCH FIRST, TWO THOUSAND  SEVENTEEN,  IN  ANY  COUNTY
WHERE  THE  COUNTY  LEGISLATURE HAS ADOPTED A LOCAL LAW, NO PERSON SHALL
APPLY ANY LAWN FERTILIZER WITHIN ANY WATERSHED OR DRAINAGE BASIN THAT IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02671-01-5

S. 787                              2                             A. 582

LABELED AS CONTAINING MORE  THAN  ZERO  PERCENT  PHOSPHORUS,  EXCEPT  AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
  B. IN SUCH COUNTY, NO LAWN FERTILIZER SHALL BE APPLIED WHEN THE GROUND
IS FROZEN.
  C. IN SUCH COUNTY, NO PERSON SHALL APPLY LAWN FERTILIZER TO ANY IMPER-
VIOUS  SURFACE  INCLUDING PARKING LOTS, ROADWAYS, AND SIDEWALKS. IF SUCH
APPLICATION OCCURS, THE FERTILIZER SHALL  BE  IMMEDIATELY  REMOVED  FROM
SUCH  SURFACES AND EITHER LEGALLY APPLIED TO TURF OR PLACED IN AN APPRO-
PRIATE CONTAINER.
  3. THE RESTRICTIONS UPON THE USE OF LAWN FERTILIZER UNDER  SUBDIVISION
TWO OF THIS SECTION SHALL NOT APPLY TO:
  A.  NEWLY  ESTABLISHED  TURF  OR LAWN AREAS DURING THEIR FIRST GROWING
SEASON.
  B. TURF OR LAWN AREAS THAT SOIL TESTS, PERFORMED WITHIN THE PAST THREE
YEARS BY A STATE CERTIFIED SOIL TESTING LABORATORY OR OTHER QUALIFIED OR
RECOGNIZED AUTHORITY IN THE AREA OF SOIL  ANALYSIS,  CONFIRM  ARE  BELOW
PHOSPHORUS  LEVELS ESTABLISHED BY THE CORNELL COOPERATIVE EXTENSION. THE
LAWN FERTILIZER APPLICATION SHALL NOT CONTAIN AN  AMOUNT  OF  PHOSPHORUS
EXCEEDING  THE  AMOUNT  AND  RATE OF APPLICATION RECOMMENDED IN THE SOIL
TEST EVALUATION.
  C. AGRICULTURAL USES, VEGETABLE AND FLOWER GARDENS, OR APPLICATION  TO
TREES OR SHRUBS.
  D.  YARD WASTE COMPOST, BIO-SOLIDS OR OTHER SIMILAR MATERIALS THAT ARE
PRIMARILY ORGANIC IN NATURE AND ARE  APPLIED  TO  IMPROVE  THE  PHYSICAL
CONDITION OF THE SOIL.
  4.  EFFECTIVE MARCH FIRST, TWO THOUSAND SEVENTEEN, ALL VENDORS OF LAWN
FERTILIZER WITHIN ANY SUCH COUNTY SHALL DISPLAY A MAP  OF  THE  AFFECTED
WATERSHED  OR  DRAINAGE  BASIN  AND A SIGN CONTAINING THE PROVISIONS SET
FORTH IN THIS SECTION AND THE EFFECTS OF PHOSPHORUS ON SUCH WATERSHED OR
DRAINAGE BASIN. ALL VENDORS SHALL OFFER FERTILIZER THAT  IS  LABELED  AS
CONTAINING 0% PHOSPHORUS.
  S  2.  Subdivision 1 of section 71-2907 of the environmental conserva-
tion law is amended by adding a new undesignated paragraph  to  read  as
follows:
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON
WHO  VIOLATES  SUBDIVISION TWO OF SECTION 33-1006 OF THIS CHAPTER IN THE
APPLICATION OF LAWN FERTILIZER AT HIS OR HER RESIDENCE SHALL BE  SUBJECT
TO  A CIVIL INFRACTION PENALTY OF ONE HUNDRED DOLLARS PER VIOLATION. ANY
COMMERCIAL FERTILIZER APPLICATOR, RESIDENTIAL OR  COMMERCIAL  DEVELOPER,
INDUSTRIAL  OR COMMERCIAL OWNER, AND ANY PERSON WHO VIOLATES SUBDIVISION
TWO OF SECTION 33-1006 OF THIS CHAPTER  SHALL  BE  SUBJECT  TO  A  CIVIL
INFRACTION PENALTY OF TWO HUNDRED DOLLARS FOR THE FIRST VIOLATION WITHIN
A  TWELVE  MONTH  PERIOD;  THREE  HUNDRED  FIVE  DOLLARS  FOR THE SECOND
VIOLATION WITHIN A TWELVE MONTH PERIOD; AND FIVE HUNDRED DOLLARS FOR THE
THIRD AND EACH SUBSEQUENT VIOLATION WITHIN A TWELVE MONTH PERIOD.
  S 3. This act shall take effect immediately.

senate Bill S786

Relates to operating a vessel while under the influence of alcohol or drugs

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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 operating a vessel while under the influence of alcohol or drugs; provides that no person shall operate a vessel while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva.

Bill Details

Versions:
S786
Current Committee:
Law Section:
Navigation Law
Laws Affected:
Amd §49-a, Nav L

Sponsor Memo

BILL NUMBER:S786

TITLE OF BILL:

An act to amend the navigation law, in relation to operating a vessel
while under the influence of alcohol or drugs

PURPOSE:

This bill updates provisions of the Navigation Law to be consistent
with the Vehicle and Traffic Law including aggravated BWI (.18 BAC),
operating with a child passenger, and operating under the combined
influence of drugs and alcohol

SUMMARY OF PROVISIONS:

Section 1 amends section 49-a of the Navigation Law to add provisions
prohibiting aggravated BWI (.18 blood alcohol content), operating
intoxicated with a child passenger, as well as operating under the
combined influence of drugs and alcohol.

Section 2 provides that this act shall take effect 180 days after it
shall have become law.

EXISTING LAW:

Currently, Navigation Law section 49-a is not in parity with VTL
section 1192. It does not include provisions for aggravated
intoxicated operation, operating intoxicated with a child passenger,
and operating under the combined influence of drugs and alcohol.

JUSTIFICATION:

Current statistics show that one in every five boating accidents
involve the use of alcohol. This bill seeks to make clear that
operation of any vehicle while intoxicated is a serious offense. To
that end, this bill updates provisions of the Navigation Law to be
consistent with the Vehicle and Traffic Law including aggravated BWI -
.18 BAC and operating with a child passenger, and links the penalties
for multiple intoxicated operation convictions across all types of
vehicles. This legislation makes clear that the privilege to operate
any vehicle in New York State is contingent upon an operator's ability
to demonstrate his or her responsibility to operate sober, and that in
failing to do so, an individual is jeopardizing his or her privilege
to operate any vehicle.

LEGISLATIVE HISTORY:

2013: Rules Committee (S.5398/A.7539)
2014: Transportation Committee (S.6405/A.7539)

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:


180 days.

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

                                   786

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the navigation law, in relation to  operating  a  vessel
  while under the influence of alcohol or drugs

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

  Section 1. Subdivisions 2, 3, 5, paragraph (a) of  subdivision  7  and
subdivision  11 of section 49-a of the navigation law, as added by chap-
ter 805 of the laws of 1992, subdivision 2 as amended by chapter 151  of
the laws of 2006 and subparagraph 1 of paragraph (a) of subdivision 3 as
amended  by  chapter  599  of  the  laws of 2008, are amended to read as
follows:
  2. Offenses: criminal penalties. (a) No person shall operate a  vessel
upon  the  waters  of the state while his OR HER ability to operate such
vessel is impaired by the consumption of alcohol. A  violation  of  this
[subdivision] PARAGRAPH shall be an offense and shall be punishable by a
fine  of  not less than three hundred dollars nor more than five hundred
dollars, or by imprisonment in a penitentiary or  county  jail  for  not
more  than fifteen days, or by both such fine and imprisonment. A person
who operates a vessel in violation of this [subdivision] PARAGRAPH after
being convicted of a violation of any [subdivision]  PARAGRAPH  of  this
[section]  SUBDIVISION within the preceding five years shall be punished
by a fine of not less than five hundred  dollars  nor  more  than  seven
hundred  fifty  dollars, or by imprisonment of not more than thirty days
in a penitentiary or county jail or by both such fine and  imprisonment.
A  person who operates a vessel in violation of this [subdivision] PARA-
GRAPH after being convicted two or more times  of  a  violation  of  any
[subdivision] PARAGRAPH of this [section] SUBDIVISION within the preced-
ing ten years shall be guilty of a misdemeanor, and shall be punished by
a  fine  of  not  less  than  seven  hundred fifty dollars nor more than

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02193-01-5

S. 786                              2

fifteen hundred dollars, or by imprisonment of not more than one hundred
eighty days in a penitentiary or county jail or by both  such  fine  and
imprisonment.
  (b)  No  such person shall operate a vessel other than a public vessel
while he OR SHE has .08 of one per centum or more by weight  of  alcohol
in  his  OR  HER  blood,  breath, urine, or saliva, as determined by the
chemical test made pursuant to the provisions of  subdivision  seven  of
this section.
  (B-1)  NO PERSON SHALL OPERATE A VESSEL WHILE SUCH PERSON HAS A .18 OF
ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN SUCH  PERSON'S  BLOOD  AS
SHOWN  BY  CHEMICAL  ANALYSIS  OF  SUCH PERSON'S BLOOD, BREATH, URINE OR
SALIVA MADE PURSUANT TO THE PROVISIONS  OF  SUBDIVISION  SEVEN  OF  THIS
SECTION.
  (B-2)  NO  PERSON SHALL OPERATE A VESSEL IN VIOLATION OF PARAGRAPH (B)
OF THIS SUBDIVISION WHILE A CHILD WHO IS FIFTEEN YEARS OF AGE OR LESS IS
A PASSENGER IN SUCH VESSEL.
  (c) No such person shall operate a public vessel while he OR  SHE  has
.04  of one per centum or more by weight of alcohol in his OR HER blood,
breath, urine, or saliva, as determined by the chemical test made pursu-
ant to the provisions of subdivision seven of this section.
  (d) No person shall operate a vessel while he OR SHE is in an  intoxi-
cated condition.
  (e) No person shall operate a vessel while his OR HER ability to oper-
ate  such  vessel is impaired by the use of a drug as defined by section
one hundred fourteen-a of the vehicle and traffic law.
  (E-1) NO PERSON SHALL OPERATE A VESSEL WHILE THE PERSON'S  ABILITY  TO
OPERATE SUCH VESSEL IS IMPAIRED BY THE COMBINED INFLUENCE OF DRUGS OR OF
ALCOHOL  AND ANY DRUG OR DRUGS. FOR THE PURPOSES OF THIS PARAGRAPH, DRUG
SHALL HAVE THE SAME MEANING AS IN SECTION ONE HUNDRED FOURTEEN-A OF  THE
VEHICLE AND TRAFFIC LAW.
  (f)  A violation of paragraph (b), (c), (d) [or], (e) OR (E-1) of this
subdivision shall be a misdemeanor and shall be punishable by  imprison-
ment  in a penitentiary or county jail for not more than one year, or by
a fine of not less than five hundred dollars nor more than one  thousand
dollars,  or  by  both such fine and imprisonment.  A VIOLATION OF PARA-
GRAPH (B-1) OF THIS SUBDIVISION SHALL BE  A  MISDEMEANOR  AND  SHALL  BE
PUNISHABLE BY IMPRISONMENT IN A PENITENTIARY OR COUNTY JAIL FOR NOT MORE
THAN  ONE  YEAR,  OR BY A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR
MORE THAN TWO THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT. A
VIOLATION OF PARAGRAPH (B-2) OF THIS SUBDIVISION  SHALL  BE  A  CLASS  E
FELONY.  A  person  who operates a vessel in violation of paragraph (b),
(B-1), (c), (d) [or], (e) OR (E-1) of this subdivision after having been
convicted of a violation of paragraph (b), (B-1), (B-2), (c), (d)  [or],
(e)  OR  (E-1)  of  this subdivision, or of operating a vessel or public
vessel while intoxicated or while under the influence of  drugs,  within
the  preceding  ten years, shall be guilty of a class E felony and shall
be punished by a period of imprisonment as provided in the penal law, or
by a fine of not less than one thousand dollars nor more than five thou-
sand dollars, or by both such fine and imprisonment.  A PERSON WHO OPER-
ATES A VESSEL IN VIOLATION OF PARAGRAPH (B-2) OF THIS SUBDIVISION  AFTER
HAVING  BEEN  CONVICTED  OF  A VIOLATION OF PARAGRAPH (B), (B-1), (B-2),
(C), (D), (E) OR (E-1) OF THIS SUBDIVISION, OR OF OPERATING A VESSEL  OR
PUBLIC  VESSEL  WHILE INTOXICATED OR WHILE UNDER THE INFLUENCE OF DRUGS,
WITHIN THE PRECEDING TEN YEARS, SHALL BE GUILTY OF A CLASS D  FELONY.  A
person  who operates a vessel in violation of paragraph (b), (B-1), (c),
(d) [or], (e) OR (E-1) of  this  subdivision  after  having  been  twice

S. 786                              3

convicted  of  a  violation  of any of such paragraph (b), (B-1), (B-2),
(c), (d) [or], (e) OR (E-1) of this subdivision or of operating a vessel
or public vessel while intoxicated or  under  the  influence  of  drugs,
within  the preceding ten years, shall be guilty of a class D felony and
shall be punished by a fine of not less than two  thousand  dollars  nor
more  than  ten  thousand  dollars  or  by  a  period of imprisonment as
provided in the penal law, or by both such fine  and  imprisonment.    A
PERSON  WHO  OPERATES  A  VESSEL IN VIOLATION OF PARAGRAPH (B-2) OF THIS
SUBDIVISION AFTER HAVING BEEN TWICE CONVICTED OF A  VIOLATION  OF  PARA-
GRAPH  (B), (B-1), (B-2), (C), (D), (E) OR (E-1) OF THIS SUBDIVISION, OR
OF OPERATING A VESSEL OR PUBLIC VESSEL WHILE INTOXICATED OR WHILE  UNDER
THE  INFLUENCE OF DRUGS, WITHIN THE PRECEDING TEN YEARS, SHALL BE GUILTY
OF A CLASS C FELONY.
  3. Privilege to operate a vessel; suspensions.  (a)  The  court  shall
suspend  a  person's  privilege  to  operate  a vessel and may suspend a
vessel registration for:
  (1) a period of at least six but less  than  twelve  months  where  an
operator is convicted of a violation of paragraph (a) of subdivision two
of this section. In determining the length of such suspension or suspen-
sions,  the  court  may  take  into consideration the seriousness of the
offense and may impose a period of suspension  whereby  such  suspension
may  be  in effect during a portion of the current or subsequent boating
season;
  (2) a period of twelve months where an  operator  is  convicted  of  a
violation of paragraph (b), (B-1), (c), (d) [or], (e) OR (E-1) of subdi-
vision two of this section;
  (3)  a  period  of twenty-four months where a person is convicted of a
violation of paragraph (B-2) OF SUBDIVISION  TWO  OF  THIS  SECTION,  OR
WHERE A PERSON IS CONVICTED OF A VIOLATION OF PARAGRAPH (b), (B-1), (c),
(d)  [or],  (e) OR (E-1) of subdivision two of this section after having
been convicted of a violation of paragraph (b), (B-1), (B-2),  (c),  (d)
[or],  (e) OR (E-1) of subdivision two of this section or of operating a
vessel or public vessel while intoxicated  or  under  the  influence  of
drugs within the preceding ten years[.]; OR
  (4)  A  PERIOD  OF  THIRTY  MONTHS  WHERE  A  PERSON IS CONVICTED OF A
VIOLATION OF PARAGRAPH (B-2) OF SUBDIVISION TWO OF  THIS  SECTION  AFTER
HAVING  BEEN  CONVICTED  OF  A VIOLATION OF PARAGRAPH (B), (B-1), (B-2),
(C), (D), (E) OR (E-1) OF SUBDIVISION TWO OF THIS SECTION OR OF  OPERAT-
ING  A  VESSEL OR PUBLIC VESSEL WHILE INTOXICATED OR UNDER THE INFLUENCE
OF DRUGS WITHIN THE PRECEDING TEN YEARS.
  (b) The court shall report each conviction recorded pursuant  to  this
section  to  the  commissioner of motor vehicles and the commissioner of
parks, recreation and historic preservation on  forms  provided  by  the
department  of  motor vehicles. Such reports shall include the length of
any suspension imposed on the privilege to  operate  a  vessel  and  any
suspension  imposed  against  a  vessel  registration. The department of
motor vehicles shall maintain a record of all  convictions  and  suspen-
sions in order to effectuate the provisions of this section.
  5.  Sentencing limitations. Notwithstanding any provision of the penal
law, no judge or magistrate shall impose  a  sentence  of  unconditional
discharge for a violation of paragraph (b), (B-1), (B-2), (c), (d) [or],
(e)  OR  (E-1)  of  subdivision  two of this section nor shall he or she
impose a sentence  of  conditional  discharge  unless  such  conditional
discharge  is  accompanied  by  a sentence of a fine as provided in this
section.

S. 786                              4

  (a) Any person who operates a vessel on the waters of the state  shall
be requested to consent to a chemical test of one or more of the follow-
ing:  breath, blood, urine, or saliva for the purpose of determining the
alcoholic or drug content of his OR HER blood, provided that  such  test
is administered at the direction of a police officer: (1) having reason-
able cause to believe such person to have been operating in violation of
this subdivision or paragraph (a), (b), (B-1), (B-2), (c), (d) [or], (e)
OR  (E-1)  of subdivision two of this section and within two hours after
such person has been placed under arrest for any such violation  or  (2)
within  two  hours  after  a breath test as provided in paragraph (b) of
subdivision six of this section indicates that alcohol has been consumed
by such person and in accordance with the rules and  regulations  estab-
lished by the police force of which the officer is a member.
  11. Limitations. (a) A vessel operator may be convicted of a violation
of  [paragraphs]  PARAGRAPH  (a),  (b),  (B-1), (B-2), (d) [and], (e) OR
(E-1) of subdivision two  of  this  section,  notwithstanding  that  the
charge  laid  before  the  court  alleged  a violation of paragraph (b),
(B-1), (B-2), (d) [or], (e) OR (E-1) of subdivision two of this section,
and regardless of whether or not such condition is based on  a  plea  of
guilty.
  (b)  In  any  case  wherein the charge laid before the court alleges a
violation of paragraph (b), (B-1), (B-2), (c), (d) [or], (e) OR (E-1) of
subdivision two of this section, any plea of guilty  thereafter  entered
in satisfaction of such charge must include at least a plea of guilty to
the  violation of the provisions of one of the paragraphs of such subdi-
vision two and no other disposition by  plea  of  guilty  to  any  other
charge  in  satisfaction  of  such charge shall be authorized; provided,
however, if the district attorney upon reviewing the available  evidence
determines  that  the  charge  of a violation of subdivision two of this
section is not warranted, he OR SHE may consent, and the court may allow
a disposition by plea of guilty to another  charge  in  satisfaction  of
such charge.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law and shall apply to convictions occurring on
and after such date.

senate Bill S774

Provides residential electric customers with an option for greater control of the cost of such service by installing real time smart meters

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 residential electric customers with an option for greater control of the cost of such service by the installation of real time smart meters; establishes sales, rental and service providers to be certified by the public service commission.

Bill Details

Versions:
S774
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Add §39-a, Pub Serv L

Sponsor Memo

BILL NUMBER:S774

TITLE OF BILL: An act to amend the public service law, in relation to
providing real time smart metering technology to residential
electricity customers

PURPOSE OR GENERAL IDEA OF BILL:

To facilitate the use of "smart metering" of electricity by
residential users so that households can reduce the cost of electrical
services by utilizing electricity during off-peak times, which is
cheaper than using electricity during high peak demand times.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 states the legislative intent.

Section 2 adds a new section to the Public Service Law, Section 39-a,
which encourages the use of real time pricing smart metering for
residential consumers. Larger commercial and industrial users of
electricity already have access to this new metering technology. This
section provides:

*definitions for what the new "smart meters" must be able to do so
that residential consumers can easily compare on a 1/2 hour basis the
amount of electricity the consumer uses and the price of such
electricity at the time of use;

*authorization for the Public Service Commission (PSC) to certify
companies that can sell, maintain, or repair such smart meters; *
permission for electric utility companies and independent vendors to
sell, maintain, or repair such smart meters; and

*the ability for the Public Service Commission to establish pilot
projects to counties that wish to establish such smart metering
projects.

JUSTIFICATION:

Smart metering programs already exist for large commercial and
industrial users of electricity, which have proven successful in New
York and throughout the United States as a means to control costs,
conserve energy, and prevent service disruptions. Smart metering and
demand response programs could provide residential electricity
consumers with electricity rate price signals so that such consumers
would have accurate knowledge to properly alter their behavior and
utilize electricity during cheaper off-peak times of the day.

This would have two benefits. First, the cost of electricity could be
reduced for residential customers because it would be utilized when
the price of electricity was low. Second, shifting the demand for
electricity from peak times would reduce the stress that is placed on
electrical generating plants, transmission lines, and the national
electrical grid to provide more power during peak usage times. This,
in turn, would reduce the likelihood of blackouts and other service
disruptions that can happen when power plants and transmission lines


are forced to Produce large amounts of electricity at or above their
normal generating capacity.

PRIOR LEGISLATIVE HISTORY:

2013-2014 S.1642 -Referred to Energy and Telecommunications;
2011-12: S.1084 - Referred to Energy & Telecommunications
2009-10: S.8380/A.7349 - Referred to Energy & Telecommunications/
Energy(Similar to)
2007-08: S:4969-A/A.8111-A
2005-06: S.8143/A:11647

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the 270th day after it has become law,
with provisions.

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

                                   774

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend the public service law, in relation to providing real
  time smart metering technology to residential electricity customers

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

  Section  1.  Legislative  intent.  The  legislature intends to provide
residential customers with the ability to control and manage electricity
usage and the time of usage in their homes. The implementation of a real
time pricing smart meter program should  help  to  conserve  energy  and
prevent  peak-time  system  overloads.  The expansion of the use of real
time pricing smart meters from the commercial and industrial markets  to
the  residential  market  should  benefit consumers with reduced monthly
costs and stimulate market competition.
  S 2. The public service law is amended by adding a new section 39-a to
read as follows:
  S 39-A. REAL TIME PRICING SMART METERING. 1. AS USED IN THIS  SECTION,
THE TERM "REAL TIME SMART METER" OR "METER" SHALL MEAN A METERING DEVICE
THAT HAS THE FOLLOWING CAPABILITIES:
  (A)  COUPLED WITH AN IN-HOME DISPLAY DEVICE THAT CAN DISPLAY REAL TIME
USAGE OR DEMAND AND REAL TIME PRICING IN USEFUL  COMPARISONS  INCLUDING,
BUT NOT LIMITED TO, MEANS SUCH AS SIDE BY SIDE BAR GRAPHS OR COLOR CODED
SYSTEMS THAT REFLECT CHANGING UTILITY DEMAND AND PRICING;
  (B)  RECORDING  AND  STORING  AND  INTERPRETING KILOWATT PER HOUR USER
RATES IN ONE-HALF HOUR INTERVALS;
  (C) COMMUNICATING REAL TIME PRICING THRESHOLDS TO HOME  APPLIANCES  TO
REDUCE  APPLIANCE  USAGE AS DETERMINED BY THE RATEPAYER OR IN AGREEMENTS
WITH AN ENERGY PROVIDER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00145-01-5

S. 774                              2

  (D) BEING READ REMOTELY OR RECEIVING DATA FROM, BUT  NOT  LIMITED  TO,
THE  INTERNET,  WIRELESS  FIDELITY  NETWORK,  BROADBAND OVER POWER LINE,
POWER LINE CARRIER, ETHERNET, PHONE  LINE,  WIRELESS  CELL  PHONE  LINE,
RADIO FREQUENCY OR OTHER COMMUNICATIONS SYSTEM;
  (E) STORING USAGE DATA UP TO THREE MONTHS;
  (F)  DETECTING  A  LOSS OF POWER TO A CUSTOMER WITH IMMEDIATE COMMUNI-
CATION OF SUCH LOSS TO THE ENERGY PROVIDER; AND
  (G)  PROVIDING  DATA  ANALYSIS  ON  SUCH  AS  HISTORICAL   CONSUMPTION
PATTERNS,  UTILIZATION RATES, POWER OUTAGES, PEAK DEMAND TIMES AND POWER
REQUIREMENTS, COSTS PER KILOWATT HOUR, PRICING, AND USAGE HISTORY.
  2. (A) THE COMMISSION SHALL PROMOTE THE UTILIZATION OF REAL TIME SMART
METERS BY RESIDENTIAL ELECTRICITY CUSTOMERS IN THIS STATE.  FURTHERMORE,
IT  SHALL  PROVIDE FOR THE CERTIFICATION OF COMPANIES WHO INSTALL, RENT,
SELL, MAINTAIN, REPAIR, ALTER OR REPLACE SUCH METERS.
  (B) RESIDENTIAL ELECTRICITY CUSTOMERS SHALL HAVE THE OPTION TO CONTIN-
UE WITH THEIR PRESENT UTILITY METERING SYSTEM OR ACQUIRING A  REAL  TIME
SMART  METER. SUCH METER MAY BE PURCHASED OR RENTED FROM THE SUPPLIER OF
ELECTRICITY OR FROM A THIRD PARTY CERTIFIED BY THE COMMISSION TO  TRANS-
ACT  SUCH  BUSINESS. PURCHASES MAY BE MADE BY CASH OR BY FINANCING FOR A
TERM OF UP TO TWENTY YEARS. RENTAL AGREEMENTS MAY ALSO BE  ENTERED  INTO
ON AN ANNUAL OR TERM OF YEARS BASIS.
  (C)  (I) THE COST OF ELECTRICITY FOR A RESIDENTIAL CUSTOMER WHO ELECTS
TO CHANGE TO A REAL TIME SMART METER SHALL BE BASED ON:
  (1) THE CUSTOMER'S ELECTRICITY USAGE AND TIME OF USAGE; AND
  (2) A FLAT FEE THAT SHALL INCORPORATE: (A) A GENERATION BID COST;  AND
(B)  SERVICE SIZE COSTS BASED ON THE RESIDENTIAL CUSTOMER'S SERVICE SIZE
CAPACITY AS DETERMINED BY THE SUPPLIER OF ELECTRICITY.
  (II) AN ADDITIONAL SURCHARGE  SHALL  BE  LEVIED  ON  SUCH  RESIDENTIAL
CUSTOMER IF SUCH ELECTRICITY USAGE EXCEEDS THE SERVICE SIZE CAPACITY.
  (III)  THE  VARIABLE COSTS SHALL BE PAID BY A RESIDENTIAL CUSTOMER FOR
ELECTRICITY USED AS INDICATED BY THE REAL TIME SMART METER AND THE  FLAT
FEE  COSTS SHALL BE PAID BY SUCH CUSTOMER, AS DETERMINED BY THE SUPPLIER
OF ELECTRICITY AND APPROVED BY THE COMMISSION, AS PART  OF  THE  REGULAR
BILLING CYCLE.
  (D)  THE  COMMISSION  SHALL  APPROVE  ALL  CHARGES, INCLUDING VARIABLE
RATES, FIXED RATES AND SURCHARGES.
  3. ELECTRICITY  TRANSFER  AND  DELIVERY  UTILITIES  REGULATED  BY  THE
COMMISSION  MAY  REACH  AGREEMENT  WITH THE COMMISSION TO FOREGO PARTIC-
IPATION IN THE REAL TIME SMART METER PROGRAM FOR  AT  LEAST  TEN  YEARS.
DURING  THIS  PERIOD  OF  TIME NEW METER SERVICE PROVIDERS AND COMMUNITY
PROVIDERS WOULD HAVE THE OPPORTUNITY TO  PROVIDE  SUCH  METERS  IN  THIS
MARKET.  IF  SUCH  AN AGREEMENT IS ENTERED INTO, SUCH UTILITIES SHALL BE
ALLOWED TO RECEIVE A METER DECOMMISSIONING FEE. THE METER  DECOMMISSION-
ING  FEE  SHALL BE AN AMOUNT AGREED UPON BY SUCH UTILITY AND THE COMMIS-
SION.
  4. THE COMMISSION SHALL  ESTABLISH  REAL  TIME  SMART  METERING  PILOT
PROGRAMS. A COUNTY LEGISLATURE OR BOARD OF SUPERVISORS MAY PETITION THAT
THE COMMISSION APPROVE THE OPERATION OF A REAL TIME SMART METERING PILOT
PROGRAM  WITHIN  ITS JURISDICTION ON AN ACCELERATED BASIS. SUCH PETITION
SHALL SET FORTH THE  PARAMETERS  OF  THE  PILOT  PROGRAM  INCLUDING  THE
CUSTOMERS  OF  SUCH  COUNTY  TO  BE  SERVED, TECHNOLOGIES TO BE USED AND
PROVIDE DETAILED  PERFORMANCE  MEASURES  TO  BE  USED  INCLUDING  ENERGY
CONSERVATION GOALS.
  S  3.   The public service commission shall promulgate rules and regu-
lations to implement the provisions of this act. Such  rules  and  regu-
lations  shall include, but not be limited to, establishing criteria for

S. 774                              3

the operation and approval of all  smart  metering  programs,  including
those  applications  submitted  by county governments to establish their
own real time smart metering programs. A county legislature or board  of
supervisors  may  petition the public service commission for approval to
establish a local real time smart metering program on or after the three
hundred sixty-fifth day after this act shall have become a law. If  such
petition is denied, the public service commission shall provide in writ-
ing  the reasons for such denial and provide the conditions and criteria
the public service commission  maintains  would  lead  to  a  subsequent
application approval. Any county application shall have a public hearing
conducted  on  such  application  within  120 days of submission of such
application to the public service commission  and  a  decision  rendered
within 120 days after the public hearing has been concluded.
  S  4.  This  act  shall  take effect on the two hundred seventieth day
after it shall have become a  law;  provided,  however,  that  effective
immediately  the  public  service  commission is authorized to adopt any
rules or regulations necessary to implement the provisions of  this  act
on or before such date.

senate Bill S769

Requires certain individuals or entities to maintain a property in good condition during the term of foreclosure

download pdf

Sponsor

Bill Status


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

actions

Summary

Requires certain individuals or entities to maintain a property in good condition during the term of foreclosure; creates a class B misdemeanor for any person who violates such provisions.

Bill Details

Versions:
S769
Current Committee:
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1307, RPAP L; add §270.40, Pen L

Sponsor Memo

BILL NUMBER:S769

TITLE OF BILL: An act to amend the real property actions and
proceedings law and the penal law, in relation to requiring a
plaintiff in a mortgage foreclosure action to maintain the subject
property in good faith

PURPOSE:

To require plaintiffs in mortgage foreclosure actions to act in good
faith at the commencement of a foreclosure action and throughout the
foreclosure process and to create the crime of criminal negligence of
vacant real property in foreclosure proceedings.

SUMMARY OF PROVISIONS:

Section 1307 of the real property, actions and proceedings law is
amended to require plaintiffs from the commencement of foreclosure
proceedings to obtain a mortgage foreclosure in 'good faith' and
defines 'good faith' as honesty in fact and the observance of
reasonable standards of fair dealing. The penal law is amended by
adding a new section 270.40 creates the crime of criminal negligence
of vacant real property under foreclosure proceedings, a class B
misdemeanor, when an entity is in violation of section 1307 of the
real property, actions and proceedings law.

JUSTIFICATION:

Due to New York State's struggling financial situation a financial
crisis emerged causing citizens to fall behind on their mortgages and
in many instances leave or abandon their homes. In some instances the
foreclosing institution will commence the process but not follow
through or delay taking control of the property which in some
instances can cause the property to become unmaintained and blighted
in the surrounding neighborhoods. This law would obligate mortgage
foreclosure plaintiffs to act in good faith when it commences a
foreclosure and throughout the foreclosure process. Financial
institutions cannot delay in taking action in controlling and
providing upkeep on the vacant dwelling itself.

This law also seeks to impose penalties on lenders in clear violation
of property maintenance laws for vacant or abandoned homes in
foreclosure proceedings. Municipalities across the country such as Las
Vegas, Nevada and Indio, California with similar laws on the books
have had great success in deterring bad actors from allowing abandoned
or vacant homes to fall into disrepair. The penalties imposed in this
bill will provide the State with a mechanism to hold lenders
accountable and prevent the blight of unmaintained homes in
neighborhoods across the State.

LEGISLATIVE HISTORY:

2013-14: S.5292 REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT

FISCAL & LOCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

Immediately after the bill has become law.

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

                                   769

                       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 Housing, Construction  and
  Community Development

AN  ACT  to  amend the real property actions and proceedings law and the
  penal law, in relation to requiring a plaintiff in a mortgage foreclo-
  sure action to maintain the subject property in good faith

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

  Section  1.  This  act  shall  be  known and may be cited as the "Good
Neighbor Act".
  S 2. Subdivision 1 of section 1307 of the real  property  actions  and
proceedings law, as added by chapter 507 of the laws of 2009, is amended
to read as follows:
  1.  A  plaintiff [in] WHO COMMENCES a mortgage foreclosure action [who
obtains], INCLUDING A LENDER, AN ASSIGNEE OR A MORTGAGE  LOAN  SERVICER,
SEEKING  a judgment of foreclosure and sale pursuant to section thirteen
hundred fifty-one of this article, involving residential real  property,
as  defined  in  section  thirteen hundred five of this article, that is
vacant, or becomes vacant after COMMENCEMENT OF THE ACTION OR the  issu-
ance  of such judgment, or is abandoned by the mortgagor but occupied by
a tenant, as defined under section thirteen hundred five of  this  arti-
cle,  shall  IN  GOOD  FAITH  maintain  such property until such time as
ownership has been transferred through the closing of title in  foreclo-
sure, or other disposition, and the deed for such property has been duly
recorded;  provided,  however,  that  if  a municipality or governmental
entity holds a mortgage subordinate to one  or  more  mortgages  on  the
residential real property, the municipality or governmental entity shall
not  be  subject  to  the  requirements of this section. AS USED IN THIS
SECTION, THE TERM "GOOD FAITH" SHALL BE DEFINED AS HONESTY IN  FACT  AND
THE OBSERVANCE OF REASONABLE STANDARDS OF FAIR DEALING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03236-01-5

S. 769                              2

  S  3.  The penal law is amended by adding a new section 270.40 to read
as follows:
S 270.40 CRIMINAL  NEGLIGENCE  OF VACANT REAL PROPERTY UNDER FORECLOSURE
           PROCEEDINGS.
  A PERSON IS GUILTY OF CRIMINAL  NEGLIGENCE  OF  VACANT  REAL  PROPERTY
UNDER  FORECLOSURE PROCEEDINGS WHEN HE OR SHE VIOLATES THE PROVISIONS OF
SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SEVEN OF THE  REAL  PROPERTY
ACTIONS AND PROCEEDINGS LAW.
  CRIMINAL   NEGLIGENCE   OF  VACANT  REAL  PROPERTY  UNDER  FORECLOSURE
PROCEEDINGS IS A CLASS B MISDEMEANOR.
  S 4. This act shall take effect immediately.

senate Bill S765

Requires the provision of notice to mortgagors in default for thirty days or more

download pdf

Sponsor

Bill Status


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

actions

Summary

Requires the provision of notice to mortgagors in default for thirty days or more regarding assistance and the necessity of maintaining their residences.

Bill Details

See Assembly Version of this Bill:
A477
Versions:
S765
Current Committee:
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §1304-a, RPAP L

Sponsor Memo

BILL NUMBER:S765

TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to requiring the provision of notice to mortgagors in default
for thirty days or more

PURPOSE:

To require mortgagors in default be notified of their default in a
timely manner, be provided with information of legal organizations
available to provide assistance and be provided a reminder of the
mortgagor's continuing responsibilities for the mortgages property.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the real property actions and proceedings law by
adding a new section 1304 - a to require that, when a mortgagor is in
default for thirty days or more, the lender, assignee or mortgage loan
servicer must send a notice to the mortgagor. The notification must be
sent by registered or certified mail, no later than forty five (4.5)
days after the mortgagor defaults. The notice will list the name and
contact information for a legal service provider and a housing
counselor approved by the New York State Attorney General and located
in the same county as the mortgaged property, It also requires that
the notice list the contact information for both the toll-free
foreclosure helpline maintained by the New York State Attorney General
and the toll-free helpline maintained by the New York State Department
of Financial Services, Finally, the notification lists the
responsibilities of a homeowner (i.e., upkeep, property taxes, utility
bills).

JUSTIFICATION:

This bill aims to reduce the incidence of foreclosure by providing
sufficient notice of delinquency to property owners who have fallen
behind on mortgages and helpful information of the many resources and
services available to assist them through what can be a stressful,
complicated and often confusing process.

While a mortgagor has options available to prevent foreclosure,
including legal services, housing counselors, and two toll-free
hotlines maintained by New York State, these services are most
effective early in the process. By providing notice no later than
forty five days after a mortgage goes into default, the bill seeks to
address the situation before it is too late.

The notice provided for in this bill also includes the
responsibilities that property owners have even though their property
is in default. When faced with foreclosure, some simply abandon their
property or erroneously assume that they are no longer responsible for
a property in default, As a result, some properties are neglected and
fall into disrepair. Sometimes completely abandoned, properties become
blighted, dilapidated, and unsafe. They can house illegal drug
operations, are a magnet for arsonists and can create death traps for
firefighters and emergency responders. Furthermore, emergency


demolitions of dangerous structures create a huge drain on local
budgets. This bill seeks to avert these potential problems by ensuring
that property owners are aware of their responsibilities, and continue
to safely maintain them.

This bill complements the federal Dodd-Frank act, enacted in response
to the national foreclosure crisis and which contains a similar notice
provision. The federal regulations currently proposed require an oral
notice of delinquency after thirty days, and written notice forty days
after default. The second notice includes information about the
foreclosure process, housing counselors, the mortgagor's state housing
finance authority, and in some cases loss mitigation options that may
be available. The federal law does not include a description of a
mortgagor's right and responsibilities, and does not take effect until
January 10, 2014.

PRIOR LEGISLATIVE HISTORY:

2013-14: S.3818 REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                   765

                       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 Housing, Construction  and
  Community Development

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to requiring the provision of notice to mortgagors in default
  for thirty days or more

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

  Section 1. The real property actions and proceedings law is amended by
adding a new section 1304-a to read as follows:
  S  1304-A. NOTICE TO MORTGAGORS IN DEFAULT FOR THIRTY DAYS OR MORE. 1.
WHEN A MORTGAGOR OF RESIDENTIAL REAL PROPERTY, INCLUDING  OWNER-OCCUPIED
ONE-TO-FOUR-FAMILY  DWELLINGS, DEFAULTS ON SUCH MORTGAGE FOR THIRTY DAYS
OR MORE, THE LENDER, ASSIGNEE OR MORTGAGE LOAN  SERVICER  SHALL  PROVIDE
NOTICE  TO  THE MORTGAGOR REGARDING INFORMATION AND ASSISTANCE ABOUT THE
FORECLOSURE PROCESS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  2. THE NOTICE REQUIRED BY THIS SECTION SHALL BE DELIVERED TO THE MORT-
GAGOR BY REGISTERED OR CERTIFIED MAIL TO  THE  RESIDENCE  WHICH  IS  THE
SUBJECT  OF THE MORTGAGE NO LATER THAN FORTY-FIVE DAYS AFTER THE MORTGA-
GOR DEFAULTS ON HIS OR HER MORTGAGE. THE NOTICE REQUIRED BY THIS SECTION
SHALL BE IN BOLD, FOURTEEN-POINT TYPE AND SHALL BE  PRINTED  ON  COLORED
PAPER THAT IS OTHER THAN THE COLOR OF ANY ADDITIONAL LETTER ACCOMPANYING
THE  NOTICE.  THE  TITLE OF THE NOTICE SHALL BE BOLD, TWENTY-POINT TYPE.
THE NOTICE SHALL BE ON ITS OWN PAGE.
  3. THE NOTICE SHALL LIST THE NAME AND CONTACT INFORMATION FOR NO  LESS
THAN  ONE  LEGAL SERVICE PROVIDER THAT IS APPROVED BY THE NEW YORK STATE
ATTORNEY GENERAL THAT IS LOCATED WITHIN THE COUNTY WHERE SUCH  MORTGAGED
RESIDENTIAL REAL PROPERTY IS LOCATED. THE NOTICE SHALL LIST THE NAME AND
CONTACT INFORMATION FOR NO LESS THAN ONE HOUSING COUNSELOR LOCATED WITH-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00470-01-5

S. 765                              2

IN THE COUNTY OF THE MORTGAGOR AND APPROVED BY THE NEW YORK STATE ATTOR-
NEY GENERAL.
  4.  THE  NOTICE SHALL LIST CONTACT INFORMATION FOR THE TOLL-FREE FORE-
CLOSURE HELPLINE MAINTAINED BY THE NEW YORK STATE ATTORNEY  GENERAL  AND
THE  TOLL-FREE  HELPLINE  MAINTAINED BY THE NEW YORK STATE DEPARTMENT OF
FINANCIAL SERVICES.
  5. THE NOTICE TO ANY MORTGAGOR REQUIRED BY THIS SECTION  SHALL  APPEAR
AS FOLLOWS:
  "HELP FOR HOMEOWNERS IN DEFAULT ON A MORTGAGE FOR 30 DAYS OR MORE"
  "NEW  YORK  STATE  LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE
FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY.
  YOU ARE CURRENTLY IN DEFAULT ON YOUR MORTGAGE FOR  30  DAYS  OR  MORE.
THIS IS NOT A FORECLOSURE NOTICE. THERE MAY BE SEVERAL WAYS IN WHICH YOU
CAN  SAVE  YOUR  HOME.  WE  STRONGLY ENCOURAGE YOU TO CONTACT ONE OF THE
HOUSING COUNSELORS OR LOCAL LEGAL SERVICE  AGENCIES  LISTED  BELOW.  THE
CONTACT  INFORMATION  FOR  THE  TOLL-FREE HELPLINE MAINTAINED BY THE NEW
YORK STATE ATTORNEY GENERAL AND THE TOLL-FREE HELPLINE MAINTAINED BY THE
NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES ARE ALSO LISTED BELOW.
  YOU DO NOT NEED TO WAIT UNTIL YOUR HOME  HAS  BEEN  FORECLOSED  ON  TO
RECEIVE  HELP. NUMEROUS PROGRAMS MAY BE AVAILABLE TO YOU RIGHT NOW. SOME
MORTGAGE ASSISTANCE PROGRAMS HAVE STRICT TIME LIMITS. IF  YOU  WAIT  TOO
LONG,  THEN  YOU  MAY  BECOME INELIGIBLE FOR ASSISTANCE BY SOME OF THESE
PROGRAMS. PROFESSIONAL HOUSING COUNSELORS AND ATTORNEYS MAY BE  ABLE  TO
ASSIST YOU IN ACCESSING THESE PROGRAMS FREE OF CHARGE.
  YOU  HAVE THE RIGHT TO REMAIN IN YOUR HOME UNTIL A FORECLOSURE SALE IS
SCHEDULED AND YOUR HOUSE IS SOLD AT THE AUCTION. THIS PROCESS  MAY  TAKE
UP  TO  SEVERAL  YEARS.  UNTIL SUCH TIME AS A JUDGMENT OF FORECLOSURE IS
ENTERED BY A JUDGE AND THE HOUSE IS SOLD AT THE FORECLOSURE AUCTION,  NO
ONE  MAY  FORCE  YOU  TO  LEAVE YOUR HOME. THIS INCLUDES THE LENDER THAT
HOLDS YOUR MORTGAGE.
  UNTIL A JUDGMENT OF FORECLOSURE IS ENTERED, YOU  ARE  RESPONSIBLE  FOR
THE  UPKEEP OF YOUR HOME. THIS INCLUDES PAYMENT OF WATER BILLS, PROPERTY
TAXES (UNLESS THE LENDER IS PAYING SUCH TAXES), AND UPKEEP OF THE  EXTE-
RIOR.  IF YOU CHOOSE TO LEAVE YOUR HOME BEFORE A JUDGMENT OF FORECLOSURE
IS RENDERED, YOU ARE STILL RESPONSIBLE FOR THE UPKEEP OF  THE  HOME  AND
THE  EXTERIOR,  INCLUDING THE YARD. FAILURE TO MAINTAIN THE PROPERTY MAY
RESULT IN ADDITIONAL COSTS ABOVE AND BEYOND THE FORECLOSURE PROCEEDINGS,
AS WELL AS BUILDING CODE VIOLATIONS WHICH, IF NOT ADDRESSED, MAY LEAD TO
AN ARREST WARRANT.
  LEGAL SERVICE PROVIDERS:...........(ENTER NAME AND CONTACT INFORMATION
FOR PROVIDER).
  HOUSING COUNSELOR:..........(ENTER NAME AND  CONTACT  INFORMATION  FOR
HOUSING COUNSELOR).
  NEW  YORK  STATE  ATTORNEY  GENERAL'S  TOLL-FREE HOTLINE........(ENTER
NUMBER) OR VISIT THE ATTORNEY GENERAL'S  WEBSITE  AT.........(ENTER  WEB
ADDRESS)
  NEW   YORK   STATE   DEPARTMENT   OF   FINANCIAL  SERVICES'  TOLL-FREE
HOTLINE..........(ENTER  NUMBER)  OR  VISIT  THE  DEPARTMENT'S   WEBSITE
AT..........(ENTER WEB ADDRESS)"
  6.  THE  ATTORNEY GENERAL SHALL PRESCRIBE THE TELEPHONE NUMBER AND WEB
ADDRESS TO BE INCLUDED IN THE NOTICE.
  7. THE DEPARTMENT OF FINANCIAL SERVICES SHALL PRESCRIBE THE  TELEPHONE
NUMBER AND WEB ADDRESS TO BE INCLUDED IN THE NOTICE.
  S 2. This act shall take effect immediately.

senate Bill S764

Enables safe access to public roads for all users by utilizing complete street design principles

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

Enables safe access to public roads for all users by utilizing complete street design principles.

Bill Details

See Assembly Version of this Bill:
A451
Versions:
S764
Current Committee:
Law Section:
Highway Law
Laws Affected:
Amd §331, Hway L

Sponsor Memo

BILL NUMBER:S764

TITLE OF BILL:

An act to amend the highway law, in relation to enabling safe access
to public roads for all users by utilizing complete street design
principles

PURPOSE:

To include, when possible, complete street design features in
resurfacing, maintenance and pavement recycling projects and further
enable safe access to public roads for all users

SUMMARY OF PROVISIONS:

Section 1: amends subdivision (a) of section 331 of the highway law to
include complete streets design features in resurfacing, maintenance
and pavement recycling projects that are subject to the department of
transportation's oversight.

Section 2: sets the effective date for this act.

JUSTIFICATION:

New York State's Compete Street Law, which requires the Department of
Transportation to consider the convenient access and mobility on the
road network by all users of all ages, including motorists,
pedestrians, bicyclists, and public transportation users through the
use of complete street design features, only applies to projects
classified as construction, reconstruction or rehabilitation. The law
specifically excludes projects classified as resurfacing, maintenance
and pavement recycling, which dramatically decreases the projects in
which complete-streets design features are used.

As a result of the state Department of Transportation's Preservation
First policy, nearly 80 percent of transportation funding and numerous
road projects exclude pedestrian and bicycling infrastructure,
according to the Tri-State Transportation Campaign. This exclusion of
a key component of complete-streets design runs contrary to the
original intent of the state's Complete Streets law, and this bill
would address the issue and strengthen the law.

By reforming our state's Complete Streets law, this legislation would
make dangerous intersections and roadways safer for pedestrians and
bicyclists. It would ensure our children have safer routes to school
and provide local families with more opportunities to walk and bike
safely.

LEGISLATIVE HISTORY:

2013-14: S.6340 REFERRED TO TRANSPORTATION

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
________________________________________________________________________

                                   764

                       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 Transportation

AN ACT to amend the highway law, in relation to enabling safe access  to
  public roads for all users by utilizing complete street design princi-
  ples

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

  Section 1. Subdivision (a) of section 331 of the highway law, as added
by chapter 398 of the laws of 2011, is amended to read as follows:
  (a) For all state, county and local transportation projects  that  are
undertaken  by  the department or receive both federal and state funding
and are subject to department of transportation oversight,  the  depart-
ment  or  agency with jurisdiction over such projects shall consider the
convenient access and mobility on the road network by all users  of  all
ages, including motorists, pedestrians, bicyclists, and public transpor-
tation  users  through the use of complete street design features in the
planning, design, construction, reconstruction and rehabilitation,  [but
not  including  resurfacing,  maintenance, or pavement recycling of such
projects] RESURFACING, MAINTENANCE AND PAVEMENT RECYCLING.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00613-01-5

senate Bill S761

Amended

Establishes the New York state automatic identification technology privacy task force

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Sponsor

Bill Status


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

actions

Summary

Establishes the New York state automatic identification technology privacy task force, to consist of: the superintendent of the department of financial services, the secretary of state, the commissioner of education, the director of the office for information technology sources, the attorney general, the mayor of the city of New York and 11 at-large members to be appointed by the governor and the legislative leaders; provides the task force shall report to the governor and the legislature regarding: existing state law, regulations, programs, policies, and practices related to the use of automatic identification technology; the privacy issues associated with the use of automatic identification technology by public and private entities; research on privacy issues associated with the use of automatic identification technology; current and anticipated or possible future uses of automatic identification technology; the benefits to consumers and businesses from the use of automatic identification technology; and public awareness on the use of automatic identification technology.

Bill Details

See Assembly Version of this Bill:
A119
Versions:
S761
S761A
Current Committee:
Law Section:
Consumer

Sponsor Memo

BILL NUMBER:S761

TITLE OF BILL:

An act to establish the New York state automatic identification
technology privacy task force

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish a task force that would
assess various privacy issues associated with the use of automatic
identification technologies by public and private entities.

SUMMARY OF PROVISIONS:

This bill would authorize and direct the establishment of the New York
state automatic identification privacy task force, The task force
would be charged with providing a report to the governor and
legislature with specific findings and recommendations, including
whether legislation is needed to regulate the use of automatic
identification technology, no later than November 30, 2015. The bill
would direct the chairperson of the consumer protection board and the
director of the office for technology to serve as joint chairpersons
of the seventeen member task force.

JUSTIFICATION:

The right to privacy is a personal and fundamental right Automated
systems used to identify, track, record, store and transfer data,
commonly referred to as automatic identification systems, are
increasingly being used by public and private entities, including
retailers, manufacturers, and hospitals. As the price of automatic
identification technology decreases, the employment of this technology
is expected to increase rapidly. Several major retailers, including
WalMart, Target and Best Buy, are moving rapidly to add one type of
automatic identification technology, Radio Frequency Identification
(RFID)tags, to products they sell. This new technology has privacy
implications, including the potential for the tracking of movements of
a person who possesses or handles objects containing radio frequency
identification tags and the profiling of consumers without their
consent.

The New York state automatic identification task force would determine
the need for the State to regulate this technology in order to ensure
personal privacy.

PRIOR LEGISLATIVE HISTORY:

2013-14: S.5439 Referred to Finance
2011-2012: A.8439 - Referred to Ways and Means / S.7806-Referred to
Rules
2009-2010: A.275-A - Veto Memo 6771
2007-2008: A.225-B - Passed Assembly
2005-2006: A.9506 - Passed Assembly.

FISCAL IMPLICATIONS:


Minimal

EFFECTIVE DATE:

Immediately.

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

                                   761

                       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 Finance

AN ACT to establish the New York state automatic identification technol-
  ogy privacy task force

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

  Section 1. Legislative intent. The legislature finds that new technol-
ogies  can have a profound impact on people and social systems.  The use
of new technologies can be very beneficial, but care must  be  taken  to
ensure  that  such  technologies are used responsibly. Automated systems
used to identify, track,  record,  store  and  transfer  data,  commonly
referred  to  as  automatic  identification technology, are increasingly
being used by public and private entities, including retailers, manufac-
turers, and hospitals. The legislature recognizes that as the  price  of
automatic  identification  technology  decreases, the employment of this
technology is expected to  increase  rapidly.  The  legislature  further
recognizes  that  automatic identification technologies may have privacy
implications affecting consumers and the general public. The legislature
further recognizes that such technology has numerous applications  bene-
ficial  to  public and private entities and affecting both consumers and
the general public. The legislature further recognizes that  understand-
ing  various applications and potential privacy concerns regarding auto-
matic identification technology is an area that needs study  and  review
in  order  to  determine what protections, if any, are needed to protect
personal privacy.
  S 2. The New York state automatic  identification  technology  privacy
task  force  is hereby established. The role of the task force includes,
but is not limited to:
  (a) assessing the privacy issues associated with  the  application  of
automatic  identification  technologies,  including  but  not limited to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01436-01-5

S. 761                              2

optical bar code scanning, radio frequency identification,  smart  card,
and  optical  memory  card  technologies by public and private entities,
including but not limited to,  state,  county,  and  local  governments,
retailers, manufacturers, employers, and schools;
  (b)  assessing  the  practical  applications associated with automatic
identification technologies, including, but not limited to, the tracking
of merchandise within a chain of distribution, protection of merchandise
against theft, and other beneficial uses  by  state,  county  and  local
governments, retailers, manufacturers, employers and schools; and
  (c) preparing a report for submission to the governor and the legisla-
ture  that  provides  specific recommendations regarding: existing state
laws, regulations, programs, policies, and practices related to the  use
of automatic identification technology and whether legislation is neces-
sary  to regulate the use of such technology; the privacy issues associ-
ated with the use of automatic identification technology by  public  and
private  entities; research on privacy issues associated with the use of
automatic identification technology; current and anticipated or possible
future uses of automatic  identification  technology;  the  benefits  to
consumers  and businesses from the use of automatic identification tech-
nology; and public awareness on  the  use  of  automatic  identification
technology.
  S 3. The task force shall issue its findings, in the form of a report,
no later than November 30, 2016.
  S  4. The task force shall consist of a total of seventeen members and
shall  include  the  superintendent  of  the  department  of   financial
services,  the  secretary  of  state, the commissioner of education, the
director of the office of information technology services, the  attorney
general,  and the mayor of the city of New York, or a designee of any of
said officers. The remaining eleven, at-large members shall be appointed
as follows: three shall be appointed by the  governor;  three  shall  be
appointed by the temporary president of the senate and one by the minor-
ity leader of the senate; three shall be appointed by the speaker of the
assembly and one by the minority leader of the assembly. One each of the
appointments of the governor, temporary president of the senate, and the
speaker  of  the  assembly  shall be a member, officer, or employee of a
consumer advocacy organization. One of the appointments of the  governor
shall  be a member, officer, or employee of a financial institution that
employs automatic identification technology systems in one  or  more  of
its products. One of the appointments of the governor shall be a member,
officer,  or  employee of a statewide association representing and advo-
cating for the interests of local governments. One of  the  appointments
of  the  speaker of the assembly shall be a member, officer, or employee
of a statewide trade association  representing  primarily  retail  busi-
nesses.  One of the appointments of the speaker of the assembly shall be
a member, officer, or employee of  a  manufacturer  of  radio  frequency
identification systems.  One of the appointments of the temporary presi-
dent  of  the senate shall be a member, officer, or employee of a state-
wide trade association representing the grocery  industry.  One  of  the
appointments of the temporary president of the senate shall be a member,
officer,  or  employee  of  a national high technology trade association
with a significant presence in the state representing the radio frequen-
cy identification technology  manufacturing  industry.  An  organization
shall be considered a consumer advocacy organization if it advocates for
enhanced consumer protection in the marketplace, educates consumers, and
researches  and  analyzes consumer issues, including consumers' right to
privacy.

S. 761                              3

  S 5. The secretary of state and the director of the office of informa-
tion technology services or their designees shall serve as joint  chair-
persons of the task force.
  S  6.  The  task  force may consult with any organization, educational
institution, governmental agency, or person.
  S 7. The members of the task force shall serve  without  compensation,
except that at-large members shall be allowed their necessary and actual
expenses incurred in the performance of their duties under this act.
  S  8.  The  secretary  of state shall provide the task force with such
facilities, assistance, and data as will enable the task force to  carry
out  its powers and duties. Additionally, all other departments or agen-
cies of the state or subdivisions thereof shall, at the request  of  the
chairpersons,  provide  the task force with such facilities, assistance,
and data as will enable the task force  to  carry  out  its  powers  and
duties.
  S 9. This act shall take effect immediately.

senate Bill S759

Amended

Moves the date of the election of members of the board of education of the Buffalo city school district to the third Tuesday in May

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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

Moves the date of the election of members of the board of education of the Buffalo city school district to the third Tuesday in May.

Bill Details

See Assembly Version of this Bill:
A319
Versions:
S759
S759A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §2553, Ed L

Sponsor Memo

BILL NUMBER:S759

TITLE OF BILL:

An act to amend the education law, in relation to moving the date of
the election of members of the board of education of the Buffalo city
school district to the third Tuesday in May

PURPOSE OR GENERAL IDEA OF THE BILL:

This bill will change the date of school board elections in the City
of Buffalo to the third Tuesday in May to match the dates of elections
of the other school districts in Erie County.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 will amend paragraph (p) of subdivision 10 of section 2553
of the education law as amended by chapter 95 of the laws of 1979 to
move the date of the board of education of the Buffalo City School
District from the first Tuesday in May to the third Tuesday in May.

Section 2 provides that this act shall take effect immediately and
shall apply to elections on and after July 1, 2013.

JUSTIFICATION:

The election of members of the board of education of the school
district of the City of Buffalo is currently held on the first Tuesday
in May. Buffalo is the only school district with this election date.
This bill would change the date of the school board election to the
third Tuesday in May and match the dates of the school board elections
in other districts. This would provide a consistent election day for
the board of education and promote greater awareness and
participation.

PRIOR LEGISLATIVE HISTORY:

2012: A.10313 referred to education
2013-14: S.5633/A.275 referred to education

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
________________________________________________________________________

                                   759

                       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 Education

AN ACT to amend the education law, in relation to moving the date of the
  election of members of the board of  education  of  the  Buffalo  city
  school district to the third Tuesday in May

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

  Section 1. Paragraph p of subdivision 10 of section 2553 of the educa-
tion law, as amended by chapter 95 of the laws of 1979,  is  amended  to
read as follows:
  p.  The  election  of  members of the board of education of the school
district of the city of Buffalo shall take place on THE THIRD TUESDAY IN
May [seventh, nineteen hundred seventy-four and on the first Tuesday  in
May  thereafter]  in  each  year  in  which an incumbent's term expires;
PROVIDED, HOWEVER THAT SUCH ELECTION SHALL BE HELD ON THE SECOND TUESDAY
IN MAY IF THE COMMISSIONER, AT THE REQUEST OF THE SCHOOL  BOARD,  CERTI-
FIES  NO  LATER  THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH
RELIGIOUS OBSERVANCES. Such election shall be conducted by the board  of
elections  of  the  county of Erie in the same manner as other elections
are conducted by it. Polls shall  be  open  for  voting  for  the  hours
prescribed  by  section 8-100 of the election law for primary elections.
The results of such elections, after canvassing, shall be certified  and
reported  by  the  board  of elections to the board of education of such
city. The clerk or other appropriate officer of the board  of  education
shall  within  twenty-four  hours after receipt of such certification by
the board of elections serve a written notice either  personally  or  by
mail upon each person declared to be elected as a member of the board of
education informing him of his election and the length of his term.
  S  2.  This  act  shall  take  effect  immediately  and shall apply to
elections conducted on and after July 1, 2015.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00010-01-5

senate Bill S758

Permits awarding of reasonable attorneys' fees, costs and exemplary damages in court actions for unlawful discriminatory practices pursuant to the human rights law

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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

Permits awarding of reasonable attorneys' fees and costs and exemplary damages in court actions for unlawful discriminatory practices pursuant to the human rights law; provides incentive to the employer not to discriminate against the employee knowing there will be financial repercussions for their actions.

Bill Details

See Assembly Version of this Bill:
A113
Versions:
S758
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L

Sponsor Memo

BILL NUMBER:S758

TITLE OF BILL:

An act to amend the executive law, in relation to awarding attorneys'
fees and costs and exemplary damages in an action brought for an
unlawful discriminatory practice

PURPOSE OR GENERAL IDEA OF BILL:

Permits awarding of reasonable attorneys' fees, costs and exemplary
damages in court actions for unlawful discriminatory practices
pursuant to the human rights law.

SUMMARY OF SPECIFIC PROVISIONS:

Amends Subdivision 9 of section 297 of the Executive Law.

JUSTIFICATION:

Currently, if you feel that you are a victim of a human rights
violation you can either file a suit with the Human Rights Commission
or the Equal Employment Opportunity Commission or you may consult your
own private lawyer. The latter can be a significant financial burden
on the plaintiff costing an average of ten thousand dollars per case.
The first choice will not prove any more feasible. Due to cutbacks and
continual case overloading referring a case to either the Human Rights
Commission or the Equal Employment Opportunity Commission will only
result in the victim waiting an undetermined and inconvenient amount
of time. This new legislation will serve multiple purposes. First, it
will ease the financial burden on the victim by requiring the
defendant to pay the victims attorney's fees upon being found guilty.
Second, it will provide incentive to the employer not to discriminate
against the employee knowing there will be financial repercussions for
their actions.

PRIOR LEGISLATIVE HISTORY:

2013-14: S.4372 Referred to Investigations and Government Operations
2011-12 - A.1284 - Referred to Governmental Operations
2009-10 - A.635/S.2044 - Referred to Investigations and Government
Operations
2007-06 - A.609 - Passed Assembly
2005-06 - A.1235 - Passed Assembly
2003-04 - A.5022 - Passed Assembly
2001-02: A.688 - Referred to Governmental Operations

FISCAL IMPLICATIONS:

Possible if the decision of the court is rendered against the
defendant and the defendant happens to be the State.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have
become a law.


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

                                   758

                       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 Investigations and Govern-
  ment Operations

AN ACT to amend the executive law, in relation  to  awarding  attorneys'
  fees  and  costs  and  exemplary  damages  in an action brought for an
  unlawful discriminatory practice

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

  Section  1.  Subdivision  9  of  section  297 of the executive law, as
amended by section 16 of part D of chapter 405 of the laws of  1999,  is
amended to read as follows:
  9.  Any  person claiming to be aggrieved by an unlawful discriminatory
practice shall have a cause of action in any court of appropriate juris-
diction for damages, including, in cases of housing discrimination only,
punitive damages, and UPON PREVAILING, SHALL RECOVER  REASONABLE  ATTOR-
NEYS'  FEES  AND  COSTS  IN THE ACTION. IN ADDITION THERETO THE TRIER OF
FACT MAY AWARD EXEMPLARY DAMAGES AND  such  other  remedies  as  may  be
appropriate,  including any civil fines and penalties provided in subdi-
vision four of this section, unless such person had  filed  a  complaint
hereunder  or  with  any  local  commission on human rights, or with the
superintendent pursuant to the provisions of section two  hundred  nine-
ty-six-a  of  this  chapter,  provided  that,  where  the  division  has
dismissed such complaint on the grounds of  administrative  convenience,
on  the  grounds of untimeliness, or on the grounds that the election of
remedies is annulled, such person shall maintain  all  rights  to  bring
suit  as  if  no complaint had been filed with the division. At any time
prior to a hearing before  a  hearing  examiner,  a  person  who  has  a
complaint  pending at the division may request that the division dismiss
the complaint and annul his or her election  of  remedies  so  that  the
human  rights  law  claim may be pursued in court, and the division may,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01545-01-5

S. 758                              2

upon such request, dismiss  the  complaint  on  the  grounds  that  such
person's election of an administrative remedy is annulled. Notwithstand-
ing  subdivision  (a)  of section two hundred four of the civil practice
law  and  rules, if a complaint is so annulled by the division, upon the
request of the party bringing such complaint before the  division,  such
party's rights to bring such cause of action before a court of appropri-
ate  jurisdiction  shall  be  limited  by  the statute of limitations in
effect in such court at the time the complaint was initially filed  with
the division. Any party to a housing discrimination complaint shall have
the right within twenty days following a determination of probable cause
pursuant  to  subdivision two of this section to elect to have an action
commenced in a civil court, and an attorney representing the division of
human rights will be appointed to present the complaint  in  court,  or,
with  the  consent  of  the  division,  the  case  may  be  presented by
complainant's attorney. A complaint filed by the equal employment oppor-
tunity commission to comply with the requirements of 42  USC  2000e-5(c)
and 42 USC 12117(a) and 29 USC 633(b) shall not constitute the filing of
a  complaint  within  the meaning of this subdivision. No person who has
initiated any action in a court of competent jurisdiction or who has  an
action  pending  before any administrative agency under any other law of
the state based upon an act which would be  an  unlawful  discriminatory
practice  under  this  article, may file a complaint with respect to the
same grievance under this section or under section two  hundred  ninety-
six-a of this article.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

senate Bill S754

Assists mandated reporters of child abuse or maltreatment to maintain the child's safety

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

Assists mandated reporters of child abuse or maltreatment to maintain the child's safety.

Bill Details

Versions:
S754
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §422, Soc Serv L

Sponsor Memo

BILL NUMBER:S754

TITLE OF BILL:

An act to amend the social services law, in relation to assisting
mandated reporters of child abuse or maltreatment to maintain the
child's safety

PURPOSE:

To require a county department of child protective services to provide
mandated reporters, who have made a report, with the necessary
information for the purpose of assisting the mandated reporter in his
or her professional and official role in maintaining the child's
safety.

SUMMARY OF PROVISIONS:

Section 1: amends paragraph A of subdivision 4 of section 422 of the
social services law. The provision requires a county department of
child protective services to provide certain information, within
thirty days after receipt of a report of suspected child abuse or
maltreatment from a mandated reporter, for the purpose of assisting in
his or her professional and official role in maintaining the child's
safety.

JUSTIFICATION:

In 2013, Erie County was rocked by the tragic death of five-year-old
Bain Brooks at the hands of his mother's live-in boyfriend. Less than
one year earlier, ten-year-old Abdifatah Nohamud was brutally murdered
by his stepfather. Both cases had been handled by county child
protective services (CPS), and at least one report to the State Office
of Child and Family Services (OCFS) had been made in both cases by
those who sought to protect the children and were mandated by law to
report such abuse.

While school officials and medical professionals are tasked with the
Protection of our children, and required by state law to report
incidences of maltreatment or abuse, these professionals are often not
given the means to ensure the state and county have taken the
appropriate actions to keen children safe.

Physicians in Western New York have described cases in which there was
no coordination between Child Protective workers and the medical
professionals who reported an incident of abuse. This absence of
communication presents a serious problem when the medical professional
is determining who to send the child home with after a medical
appointment or hospitalization. Better coordination between the county
department and those charged with the protection of our children, will
allow physicians, teachers and other mandated reporters to better
fulfill their obligations to protect the safety and well-being of
children under their care.

For example, under this legislation, CPS workers will be required to
update a physician, teacher or other mandated reporter on the status
of a child's case within 30 days of that physician's initial report of


suspected abuse or maltreatment. This legislation will encourage
information-sharing and compel Child Protective Services to conduct
deeper, more thorough investigations.

LEGISLATIVE HISTORY:

2013-14: Referred to Children and Families

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
________________________________________________________________________

                                   754

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. KENNEDY, BRESLIN, DILAN, ESPAILLAT, LATIMER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Children and Families

AN  ACT  to  amend  the  social  services  law, in relation to assisting
  mandated reporters of child abuse  or  maltreatment  to  maintain  the
  child's safety

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

  Section 1. The second  undesignated  paragraph  of  paragraph  (A)  of
subdivision  4  of section 422 of the social services law, as amended by
section 6 of part D of chapter 501 of the laws of 2012,  is  amended  to
read as follows:
  After a child, other than a child in residential care, who is reported
to  the  central  register  of  abuse or maltreatment reaches the age of
eighteen years, access to a child's record under subparagraphs  (a)  and
(b) of this paragraph shall be permitted only if a sibling or off-spring
of  such  child is before such person and is a suspected victim of child
abuse or maltreatment. In addition, a person  or  official  required  to
make  a  report  of  suspected  child  abuse or maltreatment pursuant to
section four hundred  thirteen  of  this  chapter  shall  receive,  upon
request,  the  findings of an investigation made pursuant to this title.
However, no information may be released unless the person or  official's
identity  is  confirmed by the office. [If the request for such informa-
tion is made prior to the completion of an investigation  of  a  report,
the  released  information  shall  be  limited  to whether the report is
"indicated", "unfounded" or "under investigation",  whichever  the  case
may  be.]  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, WITHIN THIRTY
CALENDAR DAYS AFTER RECEIPT OF A REPORT  OF  SUSPECTED  CHILD  ABUSE  OR
MALTREATMENT  FROM  A  PERSON OR OFFICIAL REQUIRED TO MAKE SUCH A REPORT
PURSUANT TO SECTION FOUR  HUNDRED  THIRTEEN  OF  THIS  TITLE,  A  COUNTY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01778-01-5

S. 754                              2

DEPARTMENT  SHALL  PROVIDE  THE  FOLLOWING  INFORMATION  TO THE MANDATED
REPORTER FOR THE PURPOSE OF ASSISTING THE MANDATED REPORTER  IN  HIS  OR
HER  PROFESSIONAL  AND  OFFICIAL ROLE IN MAINTAINING THE CHILD'S SAFETY:
(I)  THE  NAME  OF  THE CHILD AND THE DATE IN WHICH THE REPORT WAS MADE;
(II) WHETHER THE REFERRAL WAS ACCEPTED FOR ASSESSMENT; (III) WHETHER THE
REFERRAL WAS  CLOSED  WITHOUT  SERVICES;  (IV)  WHETHER  THE  ASSESSMENT
RESULTED  IN  SERVICES  RELATED  TO THE SAFETY OF THE CHILD; AND (V) THE
NAME AND CONTACT INFORMATION FOR THE COUNTY CASEWORKER  RESPONSIBLE  FOR
INVESTIGATING  THE REFERRAL. If the request for such information is made
after the completion of an  investigation  of  a  report,  the  released
information  shall  be  limited  to whether the report is "indicated" or
"unfounded", whichever the case may be. A person  given  access  to  the
names  or  other  information identifying the subjects of the report, or
other persons named in the report, except the subject of the  report  or
other persons named in the report, shall not divulge or make public such
identifying information unless he or she is a district attorney or other
law  enforcement official and the purpose is to initiate court action or
the disclosure is necessary in  connection  with  the  investigation  or
prosecution  of  the  subject  of the report for a crime alleged to have
been committed by the  subject  against  another  person  named  in  the
report.  Nothing  in  this  section  shall  be  construed  to permit any
release, disclosure  or  identification  of  the  names  or  identifying
descriptions  of  persons  who  have  reported  suspected child abuse or
maltreatment to the statewide central register or the  agency,  institu-
tion,  organization,  program  or  other  entity  where such persons are
employed or the agency, institution, organization or program with  which
they  are  associated without such persons' written permission except to
persons, officials, and agencies enumerated in subparagraphs  (e),  (f),
(h), (j), (l), (m) and (v) of this paragraph.
  S 2. This act shall take effect immediately.

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