assembly Bill A565

Requires developers to deposit a portion of the total estimated project cost into an escrow account for damage caused to neighboring properties during construction

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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

Requires developers to deposit a portion of the total estimated project cost into an escrow account for damage caused to neighboring properties during construction; provides that any work on a project shall be stopped until repairs are made on the adjoining property; provides that the New York city department of buildings shall develop a procedure whereby individuals who suffer damage as a result of the construction may be reimbursed within a period of sixty days.

Bill Details

Versions:
A565
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Add §§28-103.25 & 28-201.5, NYC Ad Cd
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   565

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A. LENTOL, MARKEY, COLTON, BRENNAN, ROSENTHAL --
  Multi-Sponsored by -- M.  of A. AUBRY, COOK, DINOWITZ, GLICK,  HIKIND,
  PERRY -- read once and referred to the Committee on Cities

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to establishing escrow accounts to protect neighboring  land-
  owners and tenants from damage due to construction

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

  Section 1. The administrative code of the city of New York is  amended
by adding a new section 28-103.25 to read as follows:
  S 28-103.25 DEVELOPERS' ESCROW ACCOUNTS. 1. ANY DEVELOPER WHO PLANS TO
CONSTRUCT  ANY BUILDING WITHIN THE CITY SHALL, PRIOR TO THE COMMENCEMENT
OF ANY CONSTRUCTION, DEPOSIT TEN PERCENT OF THE TOTAL ESTIMATED  PROJECT
COST INTO AN ESCROW ACCOUNT.
  2.  AN  ESCROW ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL BE USED TO SETTLE CLAIMS OF PROPERTY OWNERS WHOSE PROPERTY
IS DAMAGED DURING ANY CONSTRUCTION, OR THE CLAIMS  OF  TENANTS  WHO  ARE
DISPLACED  FROM  THEIR RESIDENCE AS THE RESULT OF DAMAGE TO THE PROPERTY
FROM THE CONSTRUCTION. A DEVELOPER SHALL BE HELD STRICTLY LIABLE FOR ANY
DAMAGE  OR  RELOCATION  EXPENSE  THAT  OCCURS  AS  A   RESULT   OF   THE
CONSTRUCTION.
  3.  IN ADDITION TO THE REQUIREMENTS IMPOSED BY SUBDIVISION ONE OF THIS
SECTION, IF ANY DAMAGES OCCUR TO AN ADJOINING PROPERTY, ANY AND ALL WORK
ON SUCH  PROJECT  SHALL  BE  STOPPED  UNTIL  SUCH  DAMAGED  PROPERTY  IS
REPAIRED.
  4.  THE  DEPARTMENT  SHALL  ESTABLISH  A  CLAIM PROCEDURE FOR PROPERTY
OWNERS AND TENANTS WHO WISH TO FILE CLAIMS AGAINST THE MONEY  SET  ASIDE
PURSUANT  TO  THIS  SECTION. SUCH PROCEDURE SHALL PROVIDE FOR A COMPLETE
RESOLUTION OF A CLAIM WITHIN SIXTY DAYS FROM THE DATE OF  ITS  COMMENCE-
MENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01792-01-5

A. 565                              2

  5. ANY FUNDS IN THE ACCOUNT THAT ARE NOT CLAIMED BY AN AGGRIEVED PROP-
ERTY  OWNER  OR  TENANT  WITHIN  SIX  MONTHS AFTER THE COMPLETION OF THE
PROJECT SHALL BE RETURNED TO THE DEVELOPER.
  S  2.  The  administrative  code of the city of New York is amended by
adding a new section 28-201.5 to read as follows:
  S 28-201.5 VIOLATIONS NOT CAUSED BY  PROPERTY  OWNER.  THE  DEPARTMENT
SHALL  NOT  IMPOSE  ANY FINE OR OTHER PENALTY AGAINST ANY PROPERTY OWNER
FOR ANY VIOLATION OF THE PROVISIONS OF THIS  TITLE  THAT  OCCUR  AS  THE
RESULT OF DAMAGE CAUSED BY CONSTRUCTION ON AN ADJACENT BUILDING.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

assembly Bill A566

Provides a partial tax abatement to owners of property who lease units at less than the fair market rental value

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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 a partial real property tax abatement to owners of certain property in a city with a population of one million or more who lease units at less than the fair market rental value to eligible tenants.

Bill Details

Versions:
A566
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Add §467-i, RPT L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   566

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. LENTOL, AUBRY, WRIGHT, ABBATE, ROBINSON, CYMBROW-
  ITZ,  ORTIZ -- Multi-Sponsored by -- M. of A. BRENNAN -- read once and
  referred to the Committee on Real Property Taxation

AN ACT to amend the real property tax law, in relation to a partial real
  property tax abatement for owners in certain cities who  charge  rents
  below fair market rental value

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

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 467-i to read as follows:
  S 467-I. PARTIAL TAX ABATEMENT FOR OWNERS IN CERTAIN CITIES WHO CHARGE
RENTS BELOW FAIR MARKET VALUE. 1. AS USED IN THIS SECTION:
  A.  "ELIGIBLE HOUSEHOLD" MEANS A HOUSEHOLD (I) WHOSE GROSS INCOME DOES
NOT EXCEED EIGHTY PERCENT OF THE MEDIAN  INCOME  LEVEL  FOR  THE  CENSUS
TRACT,  AS  SET  BY  THE  UNITED  STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, IN WHICH THE HOUSEHOLD RESIDES;
  (II) WHOSE LEASE FOR AN ELIGIBLE UNIT  PROVIDES  FOR  AN  ANNUAL  RENT
WHICH  IS  AT LEAST THIRTY PERCENT OF THE HOUSEHOLD'S ANNUAL NET INCOME;
AND
  (III) HAS LIVED IN THE SAME APARTMENT FOR AT LEAST ONE YEAR.
  ANY HOUSEHOLD CONTAINING A MEMBER OF THE UNIT OWNER'S IMMEDIATE FAMILY
SHALL NOT QUALIFY AS AN ELIGIBLE HOUSEHOLD NOTWITHSTANDING THE FACT THAT
THE OTHER CRITERIA ARE MET.
  B. "ELIGIBLE UNIT" MEANS A RENTAL UNIT IN A MULTIPLE DWELLING CONTAIN-
ING NOT MORE THAN FIVE RENTAL UNITS WHICH  IS  SUBJECT  NEITHER  TO  THE
EMERGENCY  HOUSING  RENT CONTROL LAW, NOR TO THE RENT AND REHABILITATION
LAW OF THE CITY OF NEW YORK ENACTED  PURSUANT  TO  THE  LOCAL  EMERGENCY
HOUSING  RENT  CONTROL  LAW,  NOR THE EMERGENCY TENANT PROTECTION ACT OF
NINETEEN SEVENTY-FOUR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01790-01-5

A. 566                              2

  C. "FAIR MARKET RENTAL VALUE" MEANS THE FAIR MARKET RENT SET  FOR  THE
CITY  BY  THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT;
SUCH RENT MAY BE ADJUSTED, AT THE DISCRETION OF THE SUPERVISING  AGENCY,
BY,  AMONG OTHER THINGS, EXAMINING REAL PROPERTY TAX ROLLS TO MORE ACCU-
RATELY REFLECT THE FAIR MARKET RENTS IN PARTICULAR NEIGHBORHOODS.
  D.  "GROSS  INCOME"  MEANS INCOME FROM ALL SOURCES AND INCLUDES SOCIAL
SECURITY AND RETIREMENT BENEFITS, SUPPLEMENTAL SECURITY INCOME AND ADDI-
TIONAL STATE PAYMENTS, PUBLIC ASSISTANCE BENEFITS, INTEREST,  DIVIDENDS,
NET  RENTAL INCOME, SALARY OR EARNINGS, AND NET INCOME FROM SELF-EMPLOY-
MENT, BUT SHALL NOT INCLUDE INCOME FROM GIFTS, ALIMONY, ANNUITIES, CHILD
SUPPORT, INHERITANCES, PAYMENTS MADE TO  INDIVIDUALS  BECAUSE  OF  THEIR
STATUS  AS  VICTIMS  OF NAZI PERSECUTION, AS DEFINED IN P.L. 103-286, OR
INCREASES IN BENEFITS ACCORDED PURSUANT TO THE SOCIAL SECURITY ACT OR  A
PUBLIC OR PRIVATE PENSION PAID TO ANY MEMBER  OF  THE  HOUSEHOLD,  WHICH
INCREASE,  IN  ANY  GIVEN YEAR, DOES NOT EXCEED THE CONSUMER PRICE INDEX
(ALL ITEMS UNITED STATES CITY AVERAGE) FOR SUCH YEAR WHICH TAKES  EFFECT
AFTER  THE  DATE  OF  ELIGIBILITY OF THE HEAD OF THE HOUSEHOLD RECEIVING
BENEFITS HEREUNDER, WHETHER RECEIVED BY THE HEAD OF THE HOUSEHOLD OR ANY
OTHER MEMBER OF THE HOUSEHOLD.
  E. "HEAD OF THE HOUSEHOLD" MEANS A  PERSON  WHO  IS  ENTITLED  TO  THE
POSSESSION OR THE USE OR OCCUPANCY OF A DWELLING UNIT.
  F.  "HOUSEHOLD"  MEANS THE HEAD OF THE HOUSEHOLD AND ANY PERSON, OTHER
THAN A BONA FIDE ROOMER, BOARDER, OR SUBTENANT WHO IS NOT RELATED TO THE
HEAD OF THE HOUSEHOLD, PERMANENTLY RESIDING IN THE DWELLING UNIT.
  G. "MULTIPLE DWELLING" MEANS MULTIPLE DWELLING AS DEFINED IN  SUBDIVI-
SION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
  H.  "OWNER'S  IMMEDIATE  FAMILY"  MEANS  ANY  OR  ALL OF THE FOLLOWING
RELATIONS TO THE OWNER OF AN ELIGIBLE UNIT: HUSBAND, WIFE,  SON,  DAUGH-
TER,    STEPSON,    STEPDAUGHTER,    FATHER,    MOTHER,   FATHER-IN-LAW,
MOTHER-IN-LAW, GRANDMOTHER, OR GRANDFATHER.
  I. "NET INCOME" MEANS GROSS INCOME MINUS ALL INCOME AND SOCIAL SECURI-
TY TAXES PAID.
  J. "REAL PROPERTY TAX YEAR" MEANS THE TWELVE-MONTH  PERIOD  FOR  WHICH
REAL  PROPERTY TAXES ARE CHARGED; IN THE CITY OF NEW YORK THE REAL PROP-
ERTY TAX YEAR IS JULY FIRST THROUGH JUNE THIRTIETH OF THE NEXT  CALENDAR
YEAR.
  K. "SUPERVISING AGENCY" MEANS THE COMPTROLLER IN A MUNICIPALITY HAVING
A COMPTROLLER; IN A MUNICIPALITY HAVING NO COMPTROLLER, THE CHIEF FISCAL
OFFICER  OF  SUCH  MUNICIPALITY;  EXCEPT THAT IN THE CITY OF NEW YORK IT
SHALL BE THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT.
  2. THE GOVERNING BODY OF A CITY WITH A POPULATION OF  ONE  MILLION  OR
MORE  IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT, AFTER PUBLIC HEARING,
IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, A  LOCAL  LAW,  ORDI-
NANCE,  OR  RESOLUTION PROVIDING FOR THE ABATEMENT OF TAXES OF SAID CITY
IMPOSED ON REAL PROPERTY. THE ABATEMENT SHALL WORK AS FOLLOWS: AN  OWNER
SHALL  BE ENTITLED TO A PARTIAL TAX ABATEMENT OF THE REAL PROPERTY TAXES
ASSESSED AGAINST THE MULTIPLE DWELLING CONTAINING THE ELIGIBLE UNIT WHEN
SUCH OWNER RENTS THE ELIGIBLE UNIT, FOR AT LEAST ONE ADDITIONAL YEAR, TO
AN ELIGIBLE HOUSEHOLD AT LESS THAN THE FAIR MARKET RENTAL VALUE FOR  THE
UNIT. THE OWNER OF A MULTIPLE DWELLING DEFINED AS CLASS ONE REAL PROPER-
TY  IN  SECTION  EIGHTEEN  HUNDRED  TWO  OF THIS CHAPTER SHALL RECEIVE A
RETROACTIVE PARTIAL ABATEMENT EQUAL TO THE LESSER OF: (I) THE REAL PROP-
ERTY TAXES ASSESSED AGAINST THE MULTIPLE DWELLING CONTAINING THE  ELIGI-
BLE  UNIT  IN  THE  APPLICABLE  REAL  PROPERTY  TAX YEAR, AND (II) FIFTY
PERCENT OF THE DIFFERENCE OF THE FAIR MARKET RENTAL VALUE FOR THE ELIGI-
BLE UNIT AND THE ACTUAL RENT  WHICH  WAS  COLLECTED  FROM  THE  ELIGIBLE

A. 566                              3

HOUSEHOLD  FOR  THE  UNIT  IN THE APPLICABLE REAL PROPERTY TAX YEAR. THE
OWNER OF A MULTIPLE DWELLING DEFINED AS  CLASS  TWO  REAL  PROPERTY,  AS
DEFINED  IN SECTION EIGHTEEN HUNDRED TWO OF THIS CHAPTER SHALL RECEIVE A
RETROACTIVE PARTIAL ABATEMENT EQUAL TO THE LESSER OF: (I) THE REAL PROP-
ERTY  TAXES ASSESSED AGAINST THE MULTIPLE DWELLING CONTAINING THE ELIGI-
BLE UNIT IN THE APPLICABLE  REAL  PROPERTY  TAX  YEAR,  AND  (II)  SIXTY
PERCENT OF THE DIFFERENCE OF THE FAIR MARKET RENTAL VALUE FOR THE ELIGI-
BLE  UNIT  AND  THE  ACTUAL  RENT  WHICH WAS COLLECTED FROM THE ELIGIBLE
HOUSEHOLD FOR THE UNIT IN THE APPLICABLE REAL  PROPERTY  TAX  YEAR.  THE
AMOUNT  OF  THE ABATEMENT SHALL BE DEDUCTED FROM THE REAL PROPERTY TAXES
LEVIED IN THE FOLLOWING REAL PROPERTY TAX YEAR ON THE MULTIPLE  DWELLING
CONTAINING  THE  ELIGIBLE  UNIT.  AFTER THE FIRST YEAR IN WHICH AN OWNER
RECEIVES A TAX ABATEMENT UNDER THIS SECTION, IF THE OWNER AGREES TO RENT
THE SAME UNIT TO THE SAME HOUSEHOLD FOR AN ADDITIONAL YEAR WITH A  WRIT-
TEN  LEASE,  AT  LESS  THAN  THE  FAIR MARKET RENTAL VALUE FOR THE UNIT,
ASSUMING SUCH UNIT REMAINS AN ELIGIBLE UNIT AND SUCH  HOUSEHOLD  REMAINS
AN ELIGIBLE HOUSEHOLD, THE AMOUNT OF THE ABATEMENT WILL BE INCREASED FOR
EACH  SUCH  ADDITIONAL  YEAR BY THREE PERCENT OF THE ANNUAL RENT FOR THE
ELIGIBLE UNIT.
  3. A. AN APPLICATION FOR ABATEMENT PURSUANT TO THIS  SECTION  FOR  ANY
REAL  PROPERTY  TAX YEAR SHALL BE SUBMITTED TO THE SUPERVISING AGENCY BY
THE OWNER OF THE ELIGIBLE UNIT FOR EACH REAL PROPERTY TAX YEAR FOR WHICH
THE ABATEMENT IS SOUGHT.
  B. THE SUPERVISING AGENCY SHALL DETERMINE THE FORM AND CONTENT OF  THE
APPLICATION  AND THE INFORMATION IT WILL CONTAIN. SUCH APPLICATION SHALL
REQUIRE AT A MINIMUM THAT ANY OWNER SEEKING  AN  ABATEMENT  PURSUANT  TO
THIS  SECTION  MUST  CERTIFY  THAT,  FOR THE YEAR THE ABATEMENT IS BEING
SOUGHT, THE UNIT WAS AN ELIGIBLE UNIT AND THE HOUSEHOLD RESIDING IN  THE
ELIGIBLE  UNIT  WAS  AN ELIGIBLE HOUSEHOLD. IN ADDITION, THE SUPERVISING
AGENCY IS AUTHORIZED TO AND SHALL COLLECT THE FOLLOWING INFORMATION FROM
UNITS FOR WHICH AN ABATEMENT IS SOUGHT, WITHOUT LIMITATION:
  (I) THE NAMES AND SOCIAL SECURITY OR TAX IDENTIFICATION NUMBERS OF ALL
HOUSEHOLD MEMBERS IN THE UNIT EIGHTEEN YEARS OR OLDER;
  (II) FOR EACH HOUSEHOLD MEMBER IN THE UNIT EIGHTEEN  YEARS  OR  OLDER,
THE  TOTAL  ANNUAL  GROSS  AND  NET  INCOME  OF SUCH HOUSEHOLD MEMBER AS
REPORTED ON THE HOUSEHOLD MEMBER'S MOST RECENT INCOME TAX RETURN;
  (III) THE AMOUNT OF MONTHLY RENT CHARGED FOR THE UNIT AND  THE  AMOUNT
OF RENT ACTUALLY PAID FOR ONE YEAR PRECEDING THE APPLICATION; AND
  (IV)  THE  NUMBER  OF  RENTAL  UNITS  IN THE MULTIPLE DWELLING AND THE
MONTHLY RENT CHARGED IN EACH UNIT, WHETHER OR NOT AN ELIGIBLE  UNIT,  IN
THE YEAR PRECEDING THE YEAR OF THE APPLICATION.
  IN  COLLECTING  THE INFORMATION DESCRIBED IN SUBPARAGRAPHS (I) THROUGH
(IV) OF THIS PARAGRAPH, AND ANY OTHER INFORMATION RELATING  TO  THE  TAX
ABATEMENT  DESCRIBED  IN  THIS  SECTION, THE SUPERVISING AGENCY SHALL BE
PERMITTED, WHERE RECORDS ARE NOT AVAILABLE, TO ACCEPT  SWORN  AFFIDAVITS
AND OTHER CERTIFICATIONS THAT THE INFORMATION PROVIDED IS CORRECT.
  C.  THE  SUPERVISING  AGENCY  SHALL  INFORM  IN  WRITING ANY OWNER WHO
APPLIES FOR THE ABATEMENT PROVIDED FOR IN THIS SECTION OF THE AMOUNT  OF
SUCH ABATEMENT NO LATER THAN THREE MONTHS AFTER RECEIVING A SUFFICIENTLY
COMPLETED APPLICATION.
  4.  THE  SUPERVISING  AGENCY  IS AUTHORIZED AND DIRECTED TO PROMULGATE
RULES AND REGULATIONS NECESSARY TO EFFECTUATE  THE  PROVISIONS  OF  THIS
SECTION.
  5.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE SUPERVIS-
ING AGENCY SHALL DENY, TERMINATE OR REVOKE ANY ABATEMENT APPLIED FOR  OR
GRANTED  PURSUANT  TO  THIS  SECTION  UPON A DETERMINATION THAT THE RENT

A. 566                              4

CERTIFIED BY THE OWNER AS THE RENT PAID BY AN ELIGIBLE  UNIT  WAS  MATE-
RIALLY  DIFFERENT  THAN THE RENT ACTUALLY PAID BY THE ELIGIBLE HOUSEHOLD
FOR SUCH UNIT AND THAT THE OWNER OF THE UNIT WHO CERTIFIED THE INCORRECT
RENT  DID  SO  PRIMARILY FOR THE PURPOSE OF RECEIVING AN ABATEMENT UNDER
THIS SECTION. IN MAKING SUCH DETERMINATION, THE SUPERVISING  AGENCY  MAY
CONSIDER,  AMONG  OTHER FACTORS, WHETHER THE RENT CERTIFIED BY THE OWNER
AS THE RENT CHARGED IS CONSISTENT WITH THE RENT  CHARGED  IN  COMPARABLE
DWELLING UNITS.
  6.  EXCEPT  IN  ACCORDANCE  WITH PROPER JUDICIAL ORDER OR AS OTHERWISE
PROVIDED BY LAW, NEITHER THE SUPERVISING AGENCY NOR AN EMPLOYEE THEREOF,
NOR ANY PERSON WHO, PURSUANT  TO  THIS  SUBDIVISION,  IS  AUTHORIZED  TO
INSPECT  THE  APPLICATION OR STATEMENTS IN CONNECTION THEREWITH REQUIRED
BY THIS SECTION, SHALL DISCLOSE OR MAKE KNOWN THE CONTENTS OF  ANY  SUCH
APPLICATION  OR  STATEMENTS.  EXCEPT AS PROVIDED IN THIS SUBDIVISION THE
OFFICERS CHARGED WITH THE CUSTODY OF ANY SUCH APPLICATION OR  STATEMENTS
SHALL NOT BE REQUIRED TO PRODUCE THEM IN ANY ACTION OR PROCEEDING IN ANY
COURT OR BEFORE ANY ADMINISTRATIVE TRIBUNAL, BUT ANY SUCH APPLICATION OR
STATEMENTS  MAY  BE  PRODUCED  ON  BEHALF  OF THE DEPARTMENT OF FINANCE.
NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT THE  DELIVERY
OF  A CERTIFIED COPY OF ANY SUCH APPLICATION OR STATEMENTS TO THE UNITED
STATES OF AMERICA OR ANY DEPARTMENT THEREOF, THE STATE OF  NEW  YORK  OR
ANY  DEPARTMENT THEREOF, OR A CITY HAVING A POPULATION OF ONE MILLION OR
MORE OR ANY DEPARTMENT THEREOF, PROVIDED ANY SUCH APPLICATION OR  STATE-
MENTS ARE REQUIRED FOR OFFICIAL BUSINESS; NOR TO PROHIBIT THE INSPECTION
FOR  OFFICIAL  BUSINESS OF ANY SUCH APPLICATION OR STATEMENTS BY THE TAX
COMMISSION OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE,  OR  BY
THE CORPORATION COUNSEL OR OTHER LEGAL REPRESENTATIVE OF A CITY HAVING A
POPULATION  OF ONE MILLION OR MORE, OR BY ANY PERSON ENGAGED OR RETAINED
BY THE DEPARTMENT OF FINANCE ON AN INDEPENDENT CONTRACT  BASIS;  NOR  TO
PROHIBIT  THE  PUBLICATION OF STATISTICS SO CLASSIFIED AS TO PREVENT THE
IDENTIFICATION OF ANY PARTICULAR APPLICATION OR STATEMENTS.
  7.  THE  INFORMATION  CONTAINED  IN  APPLICATIONS  OR  STATEMENTS   IN
CONNECTION  THEREWITH,  FILED  WITH  THE  SUPERVISING AGENCY PURSUANT TO
SUBDIVISION THREE OF THIS SECTION SHALL NOT  BE  SUBJECT  TO  DISCLOSURE
UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  S  2. The abatement provided for in this act shall first apply to real
property taxes for the real property tax year which follows  immediately
after the year that this act is passed, and shall apply every year ther-
eafter.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a  law  and  shall  apply  to
assessment rolls prepared on the basis of taxable status dates occurring
on or after such effective date.

assembly Bill A592

Relates to the registration of oversize and overweight vehicles

download pdf

Sponsor

Bill Status


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

actions

Summary

Relates to the registration of oversize and overweight vehicles.

Bill Details

Versions:
A592
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§385 & 401, V & T L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   592

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation to registration
  of oversize and overweight vehicles

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

  Section 1. Paragraph (a) of subdivision 15 of section 385 of the vehi-
cle  and traffic law, as amended by section 1 of part C of chapter 59 of
the laws of 2004, is amended to read as follows:
  (a) The commissioner of transportation is hereby authorized to contin-
ue to grant permits, and to charge fees therefor, for the  operation  or
movement  of  a  vehicle  or  combination  of vehicles having weights or
dimensions which exceed the limitations provided  for  in  this  section
upon  any  highway under his or her jurisdiction except that such permit
shall not be valid for the operation or movement of such vehicles on any
state or other highway within any city not wholly  included  within  one
county.  Such  permits  shall be issued in accordance with the terms and
conditions contained in rules and regulations governing special  hauling
permits  which  have been or shall be promulgated by the commissioner of
transportation and which may include, but not be limited to, a  require-
ment  that  a  vehicle  or combination of vehicles being issued a permit
shall be accompanied by one or more escort vehicles which is being oper-
ated by an individual having a valid escort certificate  issued  by  the
commissioner.  The  commissioner  of  transportation  is  authorized  to
promulgate rules and regulations governing the operation, use and equip-
ment of escort vehicles and the duties and responsibilities of the oper-
ator of an escort vehicle. Any finding by the commissioner of  transpor-
tation  that an individual has violated such rules and regulations shall
be grounds for the cancellation of an  individual's  escort  certificate
and  a penalty not to exceed five hundred dollars per occurrence for the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03150-01-5

A. 592                              2

first violation and not to exceed one thousand  dollars  per  occurrence
for  each  subsequent  violation.  Prior  to issuing such a finding, the
commissioner of transportation shall afford an individual the right to a
hearing pursuant to section one hundred forty-five of the transportation
law. Such rules and regulations shall take into consideration, but shall
not be limited to, the safety of the traveling public and the protection
of  the  highways and the environment.  Such rules and regulations shall
also contain a schedule of fees to be charged for the issuance  of  such
permits  which  fees shall cover, but shall not be limited to, the costs
to the department of transportation for the administration of the permit
program, and shall permit the commissioner of transportation to  levy  a
surcharge  of  up to twenty dollars for the issuance and distribution of
special hauling permits at regional offices of the department of  trans-
portation.  The  annual  vehicle  fee  for  a  permit issued pursuant to
subparagraphs (i), (ii), (ii-a) and  (iii)  of  paragraph  (f)  of  this
subdivision  shall be three hundred sixty dollars for vehicles with less
than five axles, seven hundred fifty dollars for vehicles with  five  or
six  axles  and  nine  hundred  dollars  for vehicles with seven or more
axles. The annual vehicle fee for a permit issued pursuant  to  subpara-
graphs (iv), (v), and (vi) of paragraph (f) of this subdivision shall be
four  hundred  eighty dollars for vehicles with less than five axles and
one thousand dollars for vehicles with five or more axles. Additionally,
the commissioner shall establish a fee schedule for  the  permitting  of
extra  non-power  combination  units  that  may  not  exceed twenty-five
dollars per vehicle and may offer discounts for multi-trailer  registra-
tions.  Such  fees  shall not be charged to municipalities in this state
AND THE COMMISSIONER OF TRANSPORTATION IS  HEREBY  AUTHORIZED  TO  ISSUE
PERMITS  TO  MUNICIPALITIES FOR DURATIONS GREATER THAN ONE YEAR.  If the
permit has  routing  requirements,  such  rules  and  regulations  shall
provide  that  if  the routing anticipates the use of highways not under
the jurisdiction of the commissioner of transportation, then he  or  she
shall  immediately  notify  the  municipality  or municipalities, having
jurisdiction over such highway that an application for a permit has been
received and request comment thereon.    Said  municipality  or  munici-
palities  shall  not  have less than fifteen days to comment. Such rules
and regulations shall also contain any other requirements deemed  neces-
sary by the commissioner of transportation.
  S  2.  Paragraph  b of subdivision 9 of section 401 of the vehicle and
traffic law, as amended by chapter 847 of the laws of 1968,  is  amended
to read as follows:
  b.  Where  a vehicle registered under the provisions of [subdivisions]
SUBDIVISION seven or eight of this section on the basis of maximum gross
weight requires a corrected registration because of a load in excess  of
the  maximum  load  as certified in the application for registration, or
the registrant desires to register the vehicle at a lower gross  maximum
weight, an application shall be made for correct registration; PROVIDED,
HOWEVER,  THAT  WHEN AN OVERWEIGHT PERMIT IS ISSUED PURSUANT TO SUBDIVI-
SION FIFTEEN OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER FOR  A
VEHICLE  WITH  EXTRA LEGAL WEIGHTS AND SUCH VEHICLE IS REGISTERED AT THE
MAXIMUM WEIGHT AT WHICH SUCH  VEHICLE  MAY  BE  REGISTERED  PURSUANT  TO
SUBDIVISION  TEN,  SUBDIVISION SEVENTEEN-A OR SUBDIVISION SEVENTEEN-B OF
SUCH SECTION, A CORRECTED REGISTRATION SHALL NOT BE REQUIRED PURSUANT TO
THIS PARAGRAPH WHILE THE PERMIT FOR EXTRA LEGAL WEIGHTS  IS  IN  EFFECT;
AND  FURTHER, PROVIDED, THAT IN LIEU OF FEES DUE THE DEPARTMENT PURSUANT
TO THIS PARAGRAPH AND SCHEDULE K OF SUBDIVISION SEVEN OF  THIS  SECTION,
THE  COMMISSIONER OF TRANSPORTATION IS AUTHORIZED AND DIRECTED TO IMPOSE

A. 592                              3

A FEE EQUAL TO TWO DOLLARS TOGETHER WITH THE BALANCE OF THE  ANNUAL  FEE
FOR  WHAT WOULD HAVE OTHERWISE BEEN REQUIRED FOR THE CORRECTED REGISTRA-
TION OVER THE FEE AS PREVIOUSLY REGISTERED AND ANY FEE THAT  WOULD  HAVE
OTHERWISE  BEEN  REQUIRED PURSUANT TO SCHEDULE K OF SUBDIVISION SEVEN OF
THIS  SECTION   AND,   NOTWITHSTANDING   THE   PROVISIONS   OF   SECTION
EIGHTY-NINE-B  OF  THE STATE FINANCE LAW AND THE PROVISIONS OF ANY OTHER
LAW TO THE CONTRARY, SUCH FEE SHALL  BE  DEPOSITED  IN  ACCORDANCE  WITH
SCHEDULE  K  OF  SUBDIVISION  SEVEN  AND  SUBDIVISION TWENTY-ONE OF THIS
SECTION.  Upon the surrendering of the certificate of  registration  and
the  payment  of  a  fee of two dollars together with the balance of the
annual fee for the correct  registration  over  the  fee  as  previously
registered,  such corrected registration may, WHEN NECESSARY, be issued.
No return of any part of the fee  paid  for  the  previous  registration
shall  be  made in case of a reduction of maximum gross weight certified
in the application for a corrected registration.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

assembly Bill A574

Protects tenants in unlawful lofts from eviction on certain grounds by precluding owners from making application to legalize residential occupancy for 10 years

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

Protects tenants in unlawful lofts ("interim multiple dwellings") from eviction on certain grounds (i.e., on grounds that the occupancy is unlawful because the building does not satisfy one or more requirements pertaining to such dwellings or because the owner has failed to satisfy one or more requirements pertaining to such dwellings or because a residential certificate of occupancy has not been issued for the building or because residential occupancy is not permitted by the local zoning resolution) by precluding owners who have recovered possession on the grounds of unlawful occupancy from making certain applications to any public body to legalize residential occupancy for a ten year period following the actual recovery of possession; provides that any approval, authorization, permit, etc. granted or issued by a public body in connection with an application made in violation of these provisions shall be void.

Bill Details

Versions:
A574
Current Committee:
Law Section:
Multiple Dwelling Law
Laws Affected:
Add §286-a, Mult Dwell L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   574

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN  ACT  to  amend  the  multiple dwelling law, in relation to providing
  tenant protection in connection with unlawful interim multiple  dwell-
  ings

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

  Section 1. The multiple dwelling  law  is  amended  by  adding  a  new
section 286-a to read as follows:
  S  286-A.  TENANT PROTECTION; UNLAWFUL INTERIM MULTIPLE DWELLINGS.  1.
DEFINITIONS. FOR PURPOSES OF  THIS  SECTION:  (I)  THE  TERM  "BUILDING"
INCLUDES  A  BUILDING, STRUCTURE, OR PORTION THEREOF, OR A UNIT THEREIN;
(II) THE TERM "PUBLIC  BODY"  INCLUDES  STATE  AND  MUNICIPAL  AGENCIES,
DEPARTMENTS,  AND BOARDS, INCLUDING LOCAL PLANNING AGENCIES AND THE LOFT
BOARD; AND (III) THE TERM "SPECIFIED GROUNDS" INCLUDES THE  GROUND  THAT
(A)  THE BUILDING OR OCCUPANCY DOES NOT SATISFY ONE OR MORE REQUIREMENTS
PERTAINING TO INTERIM MULTIPLE DWELLINGS AS SET FORTH IN THIS ARTICLE OR
IN ANY OTHER PROVISION OF LAW OR IN REGULATION, (B) THE OWNER HAS FAILED
TO SATISFY ONE OR  MORE  REQUIREMENTS  PERTAINING  TO  INTERIM  MULTIPLE
DWELLINGS  AS SET FORTH IN THIS ARTICLE OR IN ANY OTHER PROVISION OF LAW
OR IN REGULATION, (C) A RESIDENTIAL CERTIFICATE  OF  OCCUPANCY  HAS  NOT
BEEN  ISSUED  FOR  THE  BUILDING,  OR  (D)  RESIDENTIAL OCCUPANCY IS NOT
PERMITTED BY THE LOCAL ZONING RESOLUTION.
  2. RULE. AN OWNER WHO HAS RECOVERED POSSESSION OF A BUILDING  OCCUPIED
BY A RESIDENTIAL OCCUPANT ON THE BASIS THAT THE OCCUPANCY IS UNLAWFUL ON
SPECIFIED  GROUNDS SHALL NOT MAKE ANY APPLICATION UNDER ANY PROVISION OF
STATE LAW OR LOCAL LAW, CODE, ORDINANCE,  RULE  OR  REGULATION,  TO  ANY
PUBLIC  BODY FOR THE PURPOSE OF, OR THAT WOULD HAVE THE EFFECT OF OR AID
IN, LEGALIZING OR AUTHORIZING, ANY USE OF THE  BUILDING  AS  AN  INTERIM
MULTIPLE  DWELLING.  THE PROHIBITION SET FORTH IN THIS SUBDIVISION SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01084-01-5

A. 574                              2

REMAIN IN EFFECT FOR A PERIOD OF TEN  YEARS  AFTER  THE  OWNER'S  ACTUAL
RECOVERY  OF  POSSESSION.  ANY  APPROVAL, AUTHORIZATION, PERMIT, SPECIAL
PERMIT, EXCEPTION, EXEMPTION, CERTIFICATION, VARIANCE, ZONING AMENDMENT,
OR  ANY FORM OF PERMISSION WHATSOEVER THAT MAY BE GRANTED OR ISSUED BY A
PUBLIC BODY IN CONNECTION WITH AN APPLICATION MADE IN VIOLATION  OF  THE
PROVISIONS OF THIS SUBDIVISION SHALL BE VOID.
  S 2. This act shall take effect immediately, and shall apply to build-
ing owners who recover possession of a building as defined and described
in  section  286-a of the multiple dwelling law, as added by section one
of this act on or after said date.

assembly Bill A556

Requires comprehensive accident prevention planning for the prevention of petroleum spills and leaks, and auditing thereof, in certain cities

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 owners and operators of petroleum bulk storage facilities located in cities of one million or more to undertake comprehensive accident prevention plans for the prevention of spills and leaks of petroleum; further requires such owners or operators to hire an independent company to quarterly audit the implementation of such plan.

Bill Details

See Senate Version of this Bill:
S106
Versions:
A556
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-1006, En Con L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   556

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  comprehensive accident prevention planning by and auditing of petrole-
  um bulk storage facilities in cities with a population of one  million
  or more

  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 17-1006 to read as follows:
S 17-1006. COMPREHENSIVE ACCIDENT PREVENTION IN CITIES WITH A POPULATION
             OF ONE MILLION OR MORE.
  EVERY  OWNER  OR OPERATOR OF A FACILITY, AS DEFINED IN SUBDIVISION ONE
OF SECTION 17-1003 OF THIS TITLE, LOCATED WITHIN A  CITY  WITH  A  POPU-
LATION  OF  ONE  MILLION  OR MORE SHALL UNDERTAKE COMPREHENSIVE ACCIDENT
PREVENTION PLANNING FOR THE PREVENTION OF SPILLS AND LEAKS OF PETROLEUM,
AND SHALL HIRE AN INDEPENDENT COMPANY TO AUDIT, ON  A  QUARTERLY  BASIS,
THE  IMPLEMENTATION BY SUCH OWNER OR OPERATOR OF THE HAZARD CONTROL PLAN
ADOPTED FOR SUCH FACILITY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however effective immediately  the
commissioner  of  environmental  conservation  may  promulgate rules and
regulations necessary to effectuate the provisions of this act prior  to
such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00994-01-5

assembly Bill A575

Provides for window tinting standards for motor vehicles and makes an appropriation therefor

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 for window tinting standards on rear side windows of all motor vehicles in New York State and appropriates $50,000 therefor for the general purpose of enabling the superintendent of state police to purchase window tint meters necessary to carry out the provisions of this act.

Bill Details

Versions:
A575
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §375, V & T L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   575

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation to  tinting  on
  motor vehicle windows and making an appropriation therefor

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

  Section 1. Paragraph (b) of subdivision 12-a of  section  375  of  the
vehicle  and traffic law, as amended by chapter 155 of the laws of 1991,
is amended to read as follows:
  (b) No person shall operate any motor vehicle upon any public highway,
road or street:
  (1) the front windshield of which is composed of, covered by or treat-
ed with any material which has a light transmittance of less than seven-
ty percent unless such materials are limited to the uppermost six inches
of the windshield; or
  (2) the sidewings or side windows of which on either side  forward  of
or adjacent to the operator's seat are composed of, covered by or treat-
ed with any material which has a light transmittance of less than seven-
ty percent; or
  (3)  [if  it  is classified as a station wagon, sedan, hardtop, coupe,
hatchback or convertible and any] THE  rear  side  [window]  WINDOWS  OF
WHICH  ARE  COMPOSED  OF, COVERED BY, OR TREATED WITH ANY MATERIAL WHICH
has a light transmittance of less than seventy percent; or
  (4) the rear window of which is composed of,  covered  by  or  treated
with  any  material which has a light transmittance of less than seventy
percent. A rear window may have  a  light  transmittance  of  less  than
seventy  percent  if  the  vehicle is equipped with side mirrors on both
sides of the vehicle so adjusted that the driver thereof  shall  have  a
clear  and  full  view  of the road and condition of traffic behind such
vehicle.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02924-01-5

A. 575                              2

  S 2. The sum of fifty thousand dollars ($50,000), or so  much  thereof
as  may  be necessary, is hereby appropriated out of moneys in the state
treasury in the general  fund  to  the  credit  of  the  state  purposes
account,  not  otherwise appropriated, and made immediately available to
the  division of criminal justice services for distribution to local law
enforcement agencies for the purpose of purchasing tint meters to  carry
out  the  provisions  of  this act relating to the seventy percent light
transmittance standard. Such moneys shall be payable on  the  audit  and
warrant  of  the  comptroller  on  vouchers certified or approved in the
manner prescribed by law.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law; provided, however, the
provisions  of  this act shall not apply to persons operating that model
year vehicle or earlier model year vehicle if the windows on said  vehi-
cle  were in conformity with the provisions of paragraph (b) of subdivi-
sion 12-a of section 375 of the vehicle and traffic law  as  such  para-
graph existed on the day preceding the effective date of this act.

assembly Bill A595

Relates to coverage for the screening, diagnosis and treatment of autism spectrum disorder

download pdf

Sponsor

Bill Status


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

actions

Summary

Relates to coverage for the screening, diagnosis and treatment of autism spectrum disorder.

Bill Details

Versions:
A595
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   595

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of A. ABINANTI, TITONE, COOK, ENGLEBRIGHT, ROBINSON,
  BENEDETTO, STIRPE -- Multi-Sponsored by -- M.  of  A.  CROUCH,  FINCH,
  GRAF,  HOOPER,  KATZ,  McDONOUGH,  MOYA, RAIA, THIELE -- read once and
  referred to the Committee on Insurance

AN ACT to amend the insurance law,  in  relation  to  coverage  for  the
  screening, diagnosis and treatment of autism spectrum disorder

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

  Section 1. Subclause 5 of clause (ix) of subparagraph (C) of paragraph
25 of subsection (i) of section 3216 of the insurance law, as amended by
chapter 596 of the laws of 2011, is amended to read as follows:
  (5) therapeutic care, including therapeutic care which is deemed habi-
litative or nonrestorative[, in  the  event  that  the  policy  provides
coverage for therapeutic care]; and
  S  2.   Subclause 5 of clause (ix) of subparagraph (C) of paragraph 17
of subsection (1) of section 3221 of the insurance law,  as  amended  by
chapter 596 of the laws of 2011, is amended to read as follows:
  (5) therapeutic care, including therapeutic care which is deemed habi-
litative  or  nonrestorative[,  in  the  event  that the policy provides
coverage for therapeutic care]; and
  S 3. Clause (v) of subparagraph (I) of paragraph 3 of subsection  (ee)
of  section  4303 of the insurance law, as amended by chapter 596 of the
laws of 2011, is amended to read as follows:
  (v) therapeutic care, including therapeutic care which is deemed habi-
litative or nonrestorative[, in  the  event  that  the  policy  provides
coverage for therapeutic care]; and
  S 4.  This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04351-01-5

assembly Bill A576

Provides for driver safety use restrictions on drivers' license and permits

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 for driver safety related use restrictions on drivers' licenses and permits including operation of a motor vehicle within a limited mileage radius, after sunset, and on limited access highways.

Bill Details

Versions:
A576
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§501 & 506, V & T L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   576

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation to restrictions
  for driver safety on drivers' license or permits

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

  Section  1. Paragraph (c) of subdivision 2 of section 501 of the vehi-
cle and traffic law is amended by adding three new  subparagraphs  (iv),
(v) and (vi) to read as follows:
  (IV) A RESTRICTION LIMITING THE OPERATION OF A MOTOR VEHICLE TO WITHIN
A  LIMITED  MILEAGE  RADIUS,  IMPOSED  PURSUANT  TO SUBDIVISION THREE OF
SECTION FIVE HUNDRED SIX OF THIS ARTICLE.
  (V) A RESTRICTION PROHIBITING THE OPERATION OF A MOTOR  VEHICLE  AFTER
SUNSET,  IMPOSED  PURSUANT  TO SUBDIVISION THREE OF SECTION FIVE HUNDRED
SIX OF THIS ARTICLE.
  (VI) A RESTRICTION PROHIBITING THE OPERATION OF  A  MOTOR  VEHICLE  ON
LIMITED  ACCESS  HIGHWAYS,  IMPOSED  PURSUANT  TO  SUBDIVISION  THREE OF
SECTION FIVE HUNDRED SIX OF THIS ARTICLE.
  S 2. Subdivision 3 of section 506 of the vehicle and traffic  law,  as
added by chapter 780 of the laws of 1972, is amended to read as follows:
  3.  If  the  licensee  satisfactorily  passes any such examination, he
shall be so informed and his license shall continue to be valid.  If  he
fails to pass, the commissioner shall take such reasonable action as may
be  required.    Such action may consist of imposing restrictions on the
use of the license of such person INCLUDING, BUT  NOT  LIMITED  TO,  THE
RESTRICTIONS  SET  FORTH IN SUBPARAGRAPHS (IV), (V) AND/OR (VI) OF PARA-
GRAPH (C) OF SUBDIVISION  TWO  OF  SECTION  FIVE  HUNDRED  ONE  OF  THIS
ARTICLE, in suspending such license for a definite or indefinite period,
or  in  revoking such license. If any such person fails after reasonable
notice or refuses to submit to  an  examination,  the  commissioner  may

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02926-01-5

A. 576                              2

revoke his license or suspend it for an indefinite period solely because
of such failure or refusal.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

assembly Bill A597

Increases the fine for operating a motorcycle with a muffler that produces excessive or unusual noise from one hundred dollars to seven hundred dollars

download pdf

Sponsor

Bill Status


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

actions

Summary

Increases the fine for operating a motorcycle with a muffler that produces excessive or unusual noise from one hundred dollars to seven hundred dollars.

Bill Details

Versions:
A597
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §381, V & T L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   597

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation  to  increasing
  the  fine  for  operating  a  motorcycle  with a muffler that produces
  excessive or unusual noise

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

  Section  1.  Subdivision  13 of section 381 of the vehicle and traffic
law, as added by chapter 61 of the laws of 1989, is amended to  read  as
follows:
  13.  A  violation  of  any  of the provisions of this section shall be
punishable by a fine not exceeding one hundred dollars or  by  imprison-
ment  for  not exceeding thirty days, or by both such fine and imprison-
ment, PROVIDED, HOWEVER, THAT A VIOLATION OF THE PROVISIONS OF  SUBDIVI-
SION  ELEVEN OR TWELVE OF THIS SECTION SHALL BE PUNISHABLE BY A FINE NOT
EXCEEDING SEVEN HUNDRED DOLLARS OR BY  IMPRISONMENT  FOR  NOT  EXCEEDING
THIRTY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02839-01-5

assembly Bill A581

Prohibits motor vehicle rental agencies from discriminating against a person because any of the authorized operators do not have a credit card

download pdf

Sponsor

Bill Status


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

actions

Summary

Prohibits motor vehicle rental agencies from discriminating against a person because he or she does not have a major credit card.

Bill Details

Versions:
A581
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §391-l, Gen Bus L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   581

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to the  rental  of
  motor vehicles

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

  Section 1. Paragraphs c and d of subdivision 1 of section 391-1 of the
general business law, as added by chapter 573 of the laws  of  1980  and
such  section  as  redesignated  by chapter 694 of the laws of 1995, are
amended and two new paragraphs e and f are added to read as follows:
  c. "Motor vehicle" shall have the meaning ascribed thereto by  section
one hundred twenty-five of the vehicle and traffic law; [and]
  d.  "Credit  card"  shall  mean  any credit card, credit plate, charge
plate or other identification card or device which is issued by a person
to another person as the holder thereof, and may be used by such  holder
to  obtain  a  cash  advance or a loan or credit, or to purchase or rent
property or services on the credit of the person issuing the credit card
or of the holder[.];
  E. "AUTHORIZED DRIVER" SHALL MEAN: (I) THE PERSON TO WHOM THE  VEHICLE
IS  RENTED  IF  A LICENSED DRIVER; (II) SUCH PERSON'S SPOUSE IF LICENSED
AND AT LEAST EIGHTEEN YEARS OF AGE; (III) ANY PERSON  WHO  OPERATES  THE
VEHICLE DURING AN EMERGENCY SITUATION TO A MEDICAL FACILITY; OR (IV) ANY
LICENSED  DRIVER  EXPRESSLY LISTED ON THE RENTAL AGREEMENT AS AN AUTHOR-
IZED DRIVER; AND
  F. "RENTAL AGREEMENT" MEANS ANY WRITTEN AGREEMENT SETTING FORTH  TERMS
AND  CONDITIONS  GOVERNING THE AUTHORIZED DRIVER'S USE OF A RENTAL VEHI-
CLE, AS DEFINED IN SECTION ONE HUNDRED THIRTY-SEVEN-A OF THE VEHICLE AND
TRAFFIC LAW, FOR A PERIOD NOT TO EXCEED THIRTY CONTINUOUS DAYS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02565-01-5

A. 581                              2

  S 2. Subdivision 2 of section 391-l of the general  business  law,  as
added  by  chapter  573 of the laws of 1980 and such section as redesig-
nated by chapter 694 of the laws of 1995, is amended to read as follows:
  2. It shall be unlawful for any person, firm, partnership, association
or  corporation  engaged  in  the  business of renting motor vehicles to
refuse to rent such vehicle to any person solely on the  requirement  of
ownership of a credit card OR REQUIRE ANY PERSON TO OWN A CREDIT CARD IN
ORDER TO OPERATE A VEHICLE OR ENTER INTO A RENTAL AGREEMENT.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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