senate Bill S7085

Amended

Relates to the election of the trustees of the Greater Poughkeepsie Library District

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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 the election of the trustees of the Greater Poughkeepsie Library District.

Bill Details

See Assembly Version of this Bill:
A9372
Versions:
S7085
S7085A
Current Committee:
Law Section:
Poughkeepsie, City of
Laws Affected:
Amd §6, Chapter 524 of 1987

Votes

Sponsor Memo

BILL NUMBER:S7085

TITLE OF BILL: An act to amend chapter 524 of the laws of 1987,
relating to establishing the Greater Poughkeepsie library district, in
the city and town of Poughkeepsie, Dutchess county, in relation to the
election of the trustees of such library

PURPOSE:

The Board of Elections of Dutchess County determined that they have no
legal basis to determine the number of signatures required, and are
without authority to dictate an arbitrary number. This legislation
provides the number of signatures required.

SUMMARY OF SPECIFIC PROVISIONS:

Amends chapter 524, Section 1, Part 6 to state that "Each petition
shall be signed by at least twenty-five qualified voters of the city".

JUSTIFICATION:

The situation as it currently exists creates the vulnerability that
despite past nominations, future nominations could undergo legal
challenge at any time.

LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Shall take effect immediately.

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

                                  7085

                            I N  S E N A T E

                             April 24, 2014
                               ___________

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

AN ACT to amend chapter 524 of the laws of 1987, relating to  establish-
  ing the Greater Poughkeepsie library district, in the city and town of
  Poughkeepsie,  Dutchess  county,  in  relation  to the election of the
  trustees of such library

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

  Section  1.  Section 6 of chapter 524 of the laws of 1987, relating to
establishing the Greater Poughkeepsie library district, in the city  and
town  of Poughkeepsie, Dutchess county, as amended by chapter 361 of the
laws of 1997, is amended to read as follows:
  S 6. The district shall be governed by a board of trustees  consisting
of  eleven  trustees.   The trustees of the Greater Poughkeepsie library
district as of the effective date of the chapter of  the  laws  of  1997
which  added  this  provision shall become trustees, immediately, of the
Poughkeepsie public library district.   TRUSTEES ARE ELECTED  BY  PUBLIC
VOTE  AT  THE  GENERAL  ELECTION  EACH  NOVEMBER AND SHALL APPEAR ON THE
BALLOT AS PROVIDED BY THE DUTCHESS COUNTY  BOARD  OF  ELECTIONS,  AT  NO
CHARGE  TO  THE  DISTRICT. Seven of the trustees shall be elected [at an
election to be held] BY THE VOTERS within the town and four of the trus-
tees shall be elected [at an election to be held] BY THE  VOTERS  within
the  portion  of  the district located in the city. The trustees elected
[at the election in] BY THE VOTERS OF the town must be QUALIFIED  VOTERS
AND residents of the town and the trustees elected [in] BY THE VOTERS OF
the city must be QUALIFIED VOTERS AND residents of the city.  NOMINATING
PETITIONS  SHALL BE CIRCULATED AND FILED AT THE SAME TIME AS INDEPENDENT
PETITIONS, AS DETERMINED  ANNUALLY  BY  THE  NEW  YORK  STATE  BOARD  OF
ELECTIONS. A SEPARATE PETITION SHALL BE REQUIRED TO NOMINATE EACH CANDI-
DATE  FOR  A  VACANCY  ON THE BOARD. EACH PETITION SHALL BE SIGNED BY AT
LEAST TWENTY-FIVE QUALIFIED VOTERS OF THE CITY  OR  TOWN  IN  WHICH  THE
VACANCY  OCCURS. PETITIONS SHALL STATE THE RESIDENCE OF EACH SIGNER, AND
SHALL STATE THE NAME AND RESIDENCE OF THE CANDIDATE. The trustees  shall
serve for a term of five years and until his or her successor is elected

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14735-01-4

S. 7085                             2

and  qualified.    Two-thirds of the trustees shall constitute a quorum.
Action of the trustees shall require a two-thirds  vote  of  the  entire
board.    Vacancies  shall  be  filled  by  appointment by the trustees,
provided, however, that an election shall be held at the first available
general  election  day  after  the happening of a vacancy. The person or
persons appointed by the trustees  shall  serve  until  a  successor  is
elected and qualified as provided herein. Vacancies for trustees elected
within  the  city  shall  be  filled by city residents and vacancies for
trustees elected within the town shall be filled by town residents.
  S 2. This act shall take effect immediately.

assembly Bill A9095C

Requires dealers in second-hand precious metals to maintain certain records related to the purchase of such items

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 dealers in second-hand precious metals to maintain certain records related to the purchase of such items.

Bill Details

See Senate Version of this Bill:
S2618D
Versions:
A9095
A9095A
A9095B
A9095C
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9095--C

                          I N  A S S E M B L Y

                             March 13, 2014
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Economic Development -- committee discharged, bill amended, ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN ACT to amend the general business law, in relation to the purchase of
  second-hand precious metals

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

  Section 1. The general business law is amended by adding a new section
391-t to read as follows:
  S 391-T. SECOND-HAND PRECIOUS METALS; RECORDS.  1.  DEFINITIONS.    AS
USED IN THIS SECTION:
  (A) "DEALER" SHALL MEAN ANY PERSON WHO, IN THE REGULAR COURSE OF BUSI-
NESS,  DEALS IN THE PURCHASE OF SECOND-HAND ARTICLES OR THINGS COMPRISED
OF GOLD, SILVER OR PLATINUM FOR THE PURPOSE OF RESALE, MELTING OR REFIN-
ING, AND SHALL INCLUDE COLLATERAL LOAN BROKERS.
  (B) "PERSON" SHALL MEAN AN INDIVIDUAL OR BUSINESS ENTITY, INCLUDING  A
COLLATERAL LOAN BROKER AS DEFINED IN SECTION FIFTY-TWO OF THIS CHAPTER.
  (C)  "SELLER"  SHALL MEAN ANY PERSON WHO SELLS ANY SECOND-HAND ARTICLE
OR THING COMPRISED OF GOLD, SILVER OR PLATINUM.
  2. NO DEALER SHALL TAKE POSSESSION OF AND  PROVIDE  CONSIDERATION  FOR
ANY SECOND-HAND ITEM COMPRISED OF GOLD, SILVER OR PLATINUM FROM A SELLER
WITHOUT  CONFIRMING THE IDENTITY OF SUCH SELLER UPON PRESENTATION OF TWO
FORMS OF IDENTIFICATION. THE DEALER SHALL  MAINTAIN  A  RECORD  OF  EACH
SECOND-HAND  ITEM  COMPRISED OF GOLD, SILVER OR PLATINUM HE OR SHE TAKES
POSSESSION OF, AND SUCH RECORD SHALL INCLUDE A  COPY  OF  THE  FORMS  OF
IDENTIFICATION  PRESENTED  BY  THE  SELLER  AND  A  TELEPHONE NUMBER AND
ADDRESS AT WHICH THE SELLER MAY BE CONTACTED. EACH DEALER  SHALL  INSTI-
TUTE  REASONABLE MEASURES TO KEEP SUCH RECORDS SECURE.  ALL SUCH RECORDS
SHALL BE MAINTAINED BY THE DEALER FOR A PERIOD  OF  NOT  LESS  THAN  TWO
YEARS,  AND  SHALL  ONLY  BE MADE AVAILABLE FOR INSPECTION DURING NORMAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07113-10-4

A. 9095--C                          2

BUSINESS HOURS BY THE ATTORNEY GENERAL OR  HIS  OR  HER  DESIGNEES,  THE
LOCAL LICENSING AUTHORITY OR A POLICE OFFICER.
  3.  UPON  TAKING POSSESSION OF ANY SECOND-HAND ITEM COMPRISED OF GOLD,
SILVER OR PLATINUM, A DEALER SHALL RETAIN POSSESSION OF SUCH ITEM FOR  A
PERIOD  OF  NOT  LESS THAN SEVENTY-TWO HOURS.  THE GOVERNING BODY OF THE
CITY, TOWN OR VILLAGE IN WHICH THE DEALER IS LOCATED MAY ESTABLISH FINES
AND PENALTIES OF NOT LESS THAN TWENTY-FIVE DOLLARS  NOR  MORE  THAN  ONE
HUNDRED  DOLLARS  FOR  VIOLATIONS OF THE PROVISIONS OF THIS SUBDIVISION.
SUCH CITY, TOWN OR VILLAGE SHALL HAVE FULL POWER AND AUTHORITY, AFTER  A
HEARING, TO IMPOSE SUCH FINES AND PENALTIES UPON A FINDING THAT A DEALER
VIOLATED THIS SUBDIVISION.
  4. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PREEMPT OR PROHIBIT
ANY  MUNICIPALITY  FROM  ENACTING  A LOCAL LAW OR ORDINANCE WHICH ESTAB-
LISHES MORE STRINGENT STANDARDS THAN THOSE ESTABLISHED BY THIS  SECTION.
EVERY  DEALER  SHALL COMPLY WITH ALL LOCAL LAWS AND ORDINANCES GOVERNING
SUCH DEALERS AND THE PROVISIONS OF THIS SECTION SHALL  BE  ENFORCED  AND
VIOLATIONS THEREOF ADJUDICATED BY THE CITY, TOWN OR VILLAGE IN WHICH THE
DEALER CONDUCTS BUSINESS.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

assembly Bill A9095B

Amended

Requires dealers in second-hand precious metals to maintain certain records related to the purchase of such items

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 dealers in second-hand precious metals to maintain certain records related to the purchase of such items.

Bill Details

Versions:
A9095
A9095A
A9095B
A9095C
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9095--B

                          I N  A S S E M B L Y

                             March 13, 2014
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Economic Development -- committee discharged, bill amended, ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the general business law, in relation to the purchase of
  second-hand precious metals

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

  Section 1. The general business law is amended by adding a new section
391-t to read as follows:
  S 391-T. SECOND-HAND PRECIOUS METALS; RECORDS.  1.  DEFINITIONS.    AS
USED IN THIS SECTION:
  (A) "DEALER" SHALL MEAN ANY PERSON WHO, IN THE REGULAR COURSE OF BUSI-
NESS,  DEALS IN THE PURCHASE OF SECOND-HAND ARTICLES OR THINGS COMPRISED
OF GOLD, SILVER OR PLATINUM FOR THE PURPOSE OF RESALE, MELTING OR REFIN-
ING, AND SHALL INCLUDE COLLATERAL LOAN BROKERS.
  (B) "PERSON" SHALL MEAN AN INDIVIDUAL OR BUSINESS ENTITY, INCLUDING  A
COLLATERAL LOAN BROKER AS DEFINED IN SECTION FIFTY-TWO OF THIS CHAPTER.
  (C)  "SELLER"  SHALL MEAN ANY PERSON WHO SELLS ANY SECOND-HAND ARTICLE
OR THING COMPRISED OF GOLD, SILVER OR PLATINUM.
  2. NO DEALER SHALL TAKE POSSESSION OF AND  PROVIDE  CONSIDERATION  FOR
ANY SECOND-HAND ITEM COMPRISED OF GOLD, SILVER OR PLATINUM FROM A SELLER
WITHOUT  CONFIRMING THE IDENTITY OF SUCH SELLER UPON PRESENTATION OF TWO
FORMS OF IDENTIFICATION. THE DEALER SHALL  MAINTAIN  A  RECORD  OF  EACH
SECOND-HAND  ITEM  COMPRISED OF GOLD, SILVER OR PLATINUM HE OR SHE TAKES
POSSESSION OF, AND SUCH RECORD SHALL INCLUDE A  COPY  OF  THE  FORMS  OF
IDENTIFICATION  PRESENTED  BY  THE  SELLER  AND  A  TELEPHONE NUMBER AND
ADDRESS AT WHICH THE SELLER MAY BE CONTACTED. ALL SUCH RECORDS SHALL  BE
MAINTAINED  BY  THE  DEALER FOR A PERIOD OF NOT LESS THAN TWO YEARS, AND
SHALL ONLY BE MADE AVAILABLE FOR INSPECTION DURING NORMAL BUSINESS HOURS
BY THE ATTORNEY GENERAL OR HIS OR HER  DESIGNEES,  THE  LOCAL  LICENSING
AUTHORITY OR A POLICE OFFICER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07113-08-4

A. 9095--B                          2

  3.  UPON  TAKING POSSESSION OF ANY SECOND-HAND ITEM COMPRISED OF GOLD,
SILVER OR PLATINUM, A DEALER SHALL RETAIN POSSESSION OF SUCH ITEM FOR  A
PERIOD OF NOT LESS THAN SEVENTY-TWO HOURS.
  4. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PREEMPT OR PROHIBIT
ANY  MUNICIPALITY  FROM  ENACTING  A LOCAL LAW OR ORDINANCE WHICH ESTAB-
LISHES MORE STRINGENT STANDARDS THAN THOSE ESTABLISHED BY THIS SECTION.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

assembly Bill A9095A

Amended

Requires dealers in second-hand precious metals to maintain certain records related to the purchase of such items

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 dealers in second-hand precious metals to maintain certain records related to the purchase of such items.

Bill Details

Versions:
A9095
A9095A
A9095B
A9095C
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9095--A

                          I N  A S S E M B L Y

                             March 13, 2014
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Economic Development -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to the purchase of
  second-hand precious metals

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

  Section 1. The general business law is amended by adding a new section
391-t to read as follows:
  S 391-T. SECOND-HAND PRECIOUS METALS; RECORDS.  1.  DEFINITIONS.    AS
USED IN THIS SECTION:
  (A) "DEALER" SHALL MEAN ANY PERSON WHO, IN THE REGULAR COURSE OF BUSI-
NESS,  DEALS IN THE PURCHASE OF SECOND-HAND ARTICLES OR THINGS COMPRISED
OF GOLD, SILVER OR PLATINUM FOR THE PURPOSE OF RESALE, MELTING OR REFIN-
ING, AND SHALL INCLUDE COLLATERAL LOAN BROKERS.
  (B) "SELLER" SHALL MEAN ANY PERSON WHO SELLS ANY  SECOND-HAND  ARTICLE
OR THING COMPRISED OF GOLD, SILVER OR PLATINUM.
  2.  NO  DEALER  SHALL TAKE POSSESSION OF AND PROVIDE CONSIDERATION FOR
ANY SECOND-HAND ITEM COMPRISED OF GOLD, SILVER OR PLATINUM FROM A SELLER
WITHOUT CONFIRMING THE IDENTITY OF SUCH SELLER UPON PRESENTATION OF  TWO
FORMS  OF  IDENTIFICATION.  THE  DEALER  SHALL MAINTAIN A RECORD OF EACH
SECOND-HAND ITEM COMPRISED OF GOLD, SILVER OR PLATINUM HE OR  SHE  TAKES
POSSESSION  OF,  AND  SUCH  RECORD  SHALL INCLUDE A COPY OF THE FORMS OF
IDENTIFICATION PRESENTED BY  THE  SELLER  AND  A  TELEPHONE  NUMBER  AND
ADDRESS  AT WHICH THE SELLER MAY BE CONTACTED. ALL SUCH RECORDS SHALL BE
MAINTAINED BY THE DEALER FOR A PERIOD OF NOT LESS THAN  TWO  YEARS,  AND
SHALL BE MADE AVAILABLE FOR INSPECTION DURING NORMAL BUSINESS HOURS.
  3.  UPON  TAKING POSSESSION OF ANY SECOND-HAND ITEM COMPRISED OF GOLD,
SILVER OR PLATINUM, A DEALER SHALL RETAIN POSSESSION OF SUCH ITEM FOR  A
PERIOD OF NOT LESS THAN SEVENTY-TWO HOURS.
  4. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PREEMPT OR PROHIBIT
ANY  MUNICIPALITY  FROM  ENACTING  A LOCAL LAW OR ORDINANCE WHICH ESTAB-
LISHES MORE STRINGENT STANDARDS THAN THOSE ESTABLISHED BY THIS SECTION.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07113-06-4

assembly Bill A9095

Amended

Requires dealers in second-hand precious metals to maintain certain records related to the purchase of such items

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 dealers in second-hand precious metals to maintain certain records related to the purchase of such items.

Bill Details

Versions:
A9095
A9095A
A9095B
A9095C
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9095

                          I N  A S S E M B L Y

                             March 13, 2014
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Economic Development

AN ACT to amend the general business law, in relation to the purchase of
  second-hand precious metals

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

  Section 1. The general business law is amended by adding a new section
391-t to read as follows:
  S 391-T. SECOND-HAND PRECIOUS METALS; RECORDS.  1.  DEFINITIONS.    AS
USED IN THIS SECTION:
  (A) "DEALER" SHALL MEAN ANY PERSON WHO, IN THE REGULAR COURSE OF BUSI-
NESS,  DEALS IN THE PURCHASE OF SECOND-HAND ARTICLES OR THINGS COMPRISED
OF GOLD, SILVER OR PLATINUM FOR THE PURPOSE OF RESALE, MELTING OR REFIN-
ING, AND SHALL INCLUDE COLLATERAL LOAN BROKERS.
  (B) "SELLER" SHALL MEAN ANY PERSON WHO SELLS ANY  SECOND-HAND  ARTICLE
OR THING COMPRISED OF GOLD, SILVER OR PLATINUM.
  2.  NO  DEALER  SHALL TAKE POSSESSION OF AND PROVIDE CONSIDERATION FOR
ANY SECOND-HAND ITEM COMPRISED OF GOLD, SILVER OR PLATINUM FROM A SELLER
WITHOUT CONFIRMING THE IDENTITY OF SUCH SELLER UPON PRESENTATION OF  TWO
FORMS  OF  IDENTIFICATION.  THE  DEALER  SHALL MAINTAIN A RECORD OF EACH
SECOND-HAND ITEM COMPRISED OF GOLD, SILVER OR PLATINUM HE OR  SHE  TAKES
POSSESSION  OF,  AND  SUCH  RECORD  SHALL INCLUDE A COPY OF THE FORMS OF
IDENTIFICATION PRESENTED BY  THE  SELLER  AND  A  TELEPHONE  NUMBER  AND
ADDRESS  AT WHICH THE SELLER MAY BE CONTACTED. ALL SUCH RECORDS SHALL BE
MAINTAINED BY THE DEALER FOR A PERIOD OF NOT LESS THAN  TWO  YEARS,  AND
SHALL BE MADE AVAILABLE FOR INSPECTION DURING NORMAL BUSINESS HOURS.
  3.  UPON  TAKING POSSESSION OF ANY SECOND-HAND ITEM COMPRISED OF GOLD,
SILVER OR PLATINUM, A DEALER SHALL RETAIN POSSESSION OF SUCH ITEM FOR  A
PERIOD OF NOT LESS THAN SEVENTY-TWO HOURS.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07113-04-4

senate Bill S7133A

Relates to the Tuckahoe common school district merger with the Southampton school district in Suffolk county

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 Tuckahoe common school district merger with the Southampton school district in Suffolk county; authorizes the Southampton school district to establish a reserve for tax reduction to maintain the successor school district estimated tax rate for taxpayers of the Southampton school district existing before the voter approval of the dissolution and annexation of the Tuckahoe common school district at the level of such tax rate in the Southampton school district for the school year before the voter approval of the dissolution and annexation of the Tuckahoe common school district.

Bill Details

See Assembly Version of this Bill:
A9461A
Versions:
S7133
S7133A
Law Section:
Suffolk County

Votes

Sponsor Memo

BILL NUMBER:S7133A

TITLE OF BILL: An act in relation to the Tuckahoe common school
district merger with the Southampton school district in Suffolk county

PURPOSE:

Provides that upon voter approval of the dissolution and annexation of
the Tuckahoe Common School District into the Southampton Union Free
School District in Suffolk County, the newly merged Southampton School
District shall be authorized to establish a dedicated reserve fund for
the purpose of reducing property taxes for the residents of the
Southampton School District.

SUMMARY OF PROVISIONS:

Section 1. Upon voter approval of the dissolution and annexation of
the Tuckahoe Common School District into the Southampton School
District in Suffolk County, the successor school district (Southampton
School District) is authorized to establish a reserve fund to be
utilized for the purpose of lowering property taxes for district
residents.

Section 2. Directs the Southampton School District to annually provide
a detailed report of the condition of the school district reserve fund
for tax reductions.

Section 3. Provides that the funds in the school district reserve for
tax reduction shall be used to maintain Southampton School District's
estimated tax rate that was in place prior to the merger.

Section 4. Immediate effective date

JUSTIFICATION:

Tuckahoe Common School District is comprised of one school building
that educates students from pre-K to eighth grade. Most students from
Tuckahoe who advance to the high school level are sent to the
Southampton Union Free School District by way of a tuition agreement.
Tuckahoe's tuition bill is becoming over burdensome for Tuckahoe. If
Tuckahoe sent their students to a district other than Southampton,
Southampton would then experience a significant reduction in revenue
and would consequently have to cut staff, AP courses and some
electives. Further, the State's tax cap makes it difficult for each
district to raise taxes enough to solve its problems.

As a means of addressing the fiscal concerns of the districts while at
the same time, continuing to provide a quality educational program for
all of the students, the districts commissioned a study to determine
if reorganization could provide enhanced opportunities for both the
districts and the students.

In many ways, Southampton and Tuckahoe are ideal for a merger as their
demographics are similar. No new buildings or major renovations would
be necessary. Many students already know each other though the
community, sports, scouts and the local youth center. Further, the
findings of the "Reorganization Feasibility Study on Behalf of


Southampton UFSD and Tuckahoe Common SD" (prepared by the SES Study
Team, LLC) that were released in July 2013, estimated a budget for the
combined district of $71.5 million, $9 million less than the combined
budgets of the two districts last year. With wide community support,
the prospects looked promising for a merger. However, the proposal was
actually voted down when put before the voters due to the
disproportionate impact on property taxes. In a merged district, tax
rates would be equalized thereby resulting in a significant increase
in property taxes for Southampton residents.

This legislation offers a viable solution to address this legitimate
concern. Upon the approval of the voters for the dissolution and
annexation of the Tuckahoe Common School District into the Southampton
Union Free School District, the Southampton Union Free School District
would be authorized to establish a reserve for tax reduction purposes
using $9 million capital monies that Southampton currently has in
reserve to construct a new administration building which would no
longer be needed if the merger where to occur. This reserve would be
used exclusively for tax reduction purposes to ensure that the
Southampton School District's estimated tax rate that was in place in
the school year prior to the merger is maintained.

LEGISLATIVE HISTORY:

2014: New Legislation

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
________________________________________________________________________

    S. 7133--A                                            A. 9461--A

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

                             April 30, 2014
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee on Education -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT in relation to the Tuckahoe common school  district  merger  with
  the Southampton school district in Suffolk county

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

  Section 1. Notwithstanding any other law to the contrary and to trans-
fer funds from a capital reserve fund pursuant  to  this  section,  upon
voter  approval of the dissolution and annexation of the Tuckahoe common
school district into the Southampton school district in Suffolk  county,
such  successor  school  district  shall  be  authorized  to establish a
reserve for tax reduction pursuant to subdivision 37 of section 1709  of
the  education law. The proceeds of such reserve fund shall only include
the proceeds of a capital reserve fund established  by  the  Southampton
school  district  existing  before the voter approval of the dissolution
and annexation of the Tuckahoe common school district, for the  purposes
of  construction  of  a  new  district office building, where the school
board of the successor school district  determines  by  resolution  that
such  capital  project  and  reserve fund is no longer necessary for the
operation of the successor district. The proceeds of  such  reserve  for
tax  reduction shall only be utilized for tax reduction for taxpayers of
the Southampton school district existing before the  voter  approval  of
the  dissolution  and annexation of the Tuckahoe common school district,
in the manner provided for by this act.
  S 2. The successor school district shall annually provide  a  detailed
report  of  the  condition  of  the  school  district  reserve  for  tax
reduction, including but not limited to:  (a)  the  date  the  fund  was
established, (b) the balance of the fund at the close of the immediately

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14380-02-4

S. 7133--A                          2                         A. 9461--A

preceding school year, (c) the amount of interest earned at the close of
the immediately preceding school year, and (d) a schedule of the amounts
invested.
  S  3.  Funds in the school district reserve for tax reduction shall be
used to maintain the successor school district estimated  tax  rate  for
taxpayers  of  the Southampton school district existing before the voter
approval of the dissolution and annexation of the Tuckahoe common school
district at the level  of  such  tax  rate  in  the  Southampton  school
district  for  the  school year before the voter approval of the dissol-
ution and annexation of the Tuckahoe common school district.
  S 4. This act shall take effect immediately.

senate Bill S7133

Amended

Relates to the Tuckahoe common school district merger with the Southampton school district in Suffolk county

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 Tuckahoe common school district merger with the Southampton school district in Suffolk county; authorizes the Southampton school district to establish a reserve for tax reduction to maintain the successor school district estimated tax rate for taxpayers of the Southampton school district existing before the voter approval of the dissolution and annexation of the Tuckahoe common school district at the level of such tax rate in the Southampton school district for the school year before the voter approval of the dissolution and annexation of the Tuckahoe common school district.

Bill Details

See Assembly Version of this Bill:
A9461
Versions:
S7133
S7133A
Law Section:
Suffolk County

Sponsor Memo

BILL NUMBER:S7133

TITLE OF BILL: An act in relation to the Tuckahoe common school
district merger with the Southampton school district in Suffolk county

PURPOSE: Provides that upon voter approval of the dissolution and
annexation of the Tuckahoe CSD into the Southampton UFSD in Suffolk
County, the newly merged Southampton School District shall be
authorized to establish a dedicated reserve fund for the purpose of
reducing property taxes for the residents of the Southampton School
District.

SUMMARY OF PROVISIONS:

Section 1. Upon voter approval of the dissolution and annexation of
the Tuckahoe CSD into the Southampton School District in Suffolk
County, the successor school district (Southampton School District) is
authorized to establish a reserve fund to be utilized for the purpose
of lowering property taxes for district residents.

Section 2. Directs the Southampton School District to annually provide
a detailed report of the condition of the school district reserve fund
for tax reductions.

Section 3. Provides that the funds in the school district reserve for
tax reduction shall be used to maintain Southampton School District's
estimated tax rate that was in place prior to the merger.

Section 4. Immediate effective date.

JUSTIFICATION: Tuckahoe CSD is comprised of one school building that
educates students from pre-K to eighth grade. Most students from
Tuckahoe who advance to the high school level are sent to the
Southampton UFSD by way of a tuition agreement. Tuckahoe's tuition
bill is becoming over burdensome for Tuckahoe. If Tuckahoe sent their
students to a district other than Southampton, Southampton would then
experience a significant reduction in revenue and would consequently
have to cut staff, AP courses and some electives. Further, the State's
tax cap makes it difficult for each district to raise taxes enough to
solve its problems.

As a means of addressing the fiscal concerns of the districts while at
the same time continuing to provide a quality educational program for
all of the students, the districts commissioned a study to determine
if reorganization could provide enhanced opportunities for both the
districts and the students. In many ways, Southampton and Tuckahoe are
ideal for a merger as their demographics are similar. No new buildings
or major renovations would be necessary. Many students already know
each other through the community, sports, scouts and the local youth
center. Further, the findings of the "Reorganization Feasibility Study
on Behalf of Southampton UFSD and Tuckahoe CSD" (prepared by the SES
Study Team, LLC) that were released in July 2013, estimated a budget
for the combined district of $71.5 million, $9 million less than the
combined budgets of the two districts last year. With wide community
support, the prospects looked promising for a merger. However, the
proposal was actually voted down when put before the voters due to the
disproportionate impact on property taxes. In a merged district, tax


rates would be equalized thereby resulting in a significant increase
in property taxes for Southampton residents.

This legislation offers a viable solution to address this legitimate
concern. Upon the approval of the voters for the dissolution and
annexation of the Tuckahoe CSD into the Southampton UFSD, the
Southampton UFSD would be authorized to establish a reserve for tax
reduction purposes using $9 million capital monies that Southampton
currently has in reserve to construct a new administration building
which would no longer be needed if the merger were to occur. This
reserve would be used exclusively for tax reduction purposes to ensure
that the Southampton School District's estimated tax rate that was in
place in the school year prior to the merger is maintained.

LEGISLATIVE HISTORY: New bill.

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. 7133                                                  A. 9461

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

                             April 30, 2014
                               ___________

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

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

AN ACT in relation to the Tuckahoe common school  district  merger  with
  the Southampton school district in Suffolk county

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

  Section 1. Notwithstanding any other law to the contrary,  upon  voter
approval of the dissolution and annexation of the Tuckahoe common school
district  into  the  Southampton school district in Suffolk county, such
successor school district shall be authorized to establish a reserve for
tax reduction pursuant to subdivision 37 of section 1709 of  the  educa-
tion  law.  The  proceeds  of  such  reserve fund shall only include the
proceeds of a capital reserve fund established by the Southampton school
district existing before the voter approval of the dissolution and anne-
xation of the Tuckahoe common  school  district,  for  the  purposes  of
construction  of  a new district office building, where the school board
of the successor school district  determines  by  resolution  that  such
capital  project  and reserve fund is no longer necessary for the opera-
tion of the successor district. The proceeds of  such  reserve  for  tax
reduction  shall only be utilized for tax reduction for taxpayers of the
Southampton school district existing before the voter  approval  of  the
dissolution  and  annexation  of the Tuckahoe common school district, in
the manner provided for by this act.
  S 2. The successor school district shall annually provide  a  detailed
report  of  the  condition  of  the  school  district  reserve  for  tax
reduction, including but not limited to:  (a)  the  date  the  fund  was
established, (b) the balance of the fund at the close of the immediately
preceding school year, (c) the amount of interest earned at the close of
the immediately preceding school year, and (d) a schedule of the amounts
invested.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14380-01-4

S. 7133                             2                            A. 9461

  S  3.  Funds in the school district reserve for tax reduction shall be
used to maintain the successor school district estimated  tax  rate  for
taxpayers  of  the Southampton school district existing before the voter
approval of the dissolution and annexation of the Tuckahoe common school
district  at  the  level  of  such  tax  rate  in the Southampton school
district for the school year before the voter approval  of  the  dissol-
ution and annexation of the Tuckahoe common school district.
  S 4. This act shall take effect immediately.

senate Bill S5212A

Relates to sprinkler system notice in residential leases

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 sprinkler system notice in residential leases.

Bill Details

See Assembly Version of this Bill:
A7641A
Versions:
S5212
S5212A
Law Section:
Real Property Law
Laws Affected:
Add §231-a, RP L

Votes

Sponsor Memo

BILL NUMBER:S5212A

TITLE OF BILL: An act to amend the real property law, in relation to
sprinkler system notice in residential leases

PURPOSE: To require all residential leases to include conspicuous
notice as to the existence or non-existence of a sprinkler system in
the leased premises.

SUMMARY OF PROVISIONS:

Section 1:

The first section provides that all leases entered into on or after
January 1, 2014 shall provide conspicuous notice in bold face type as
to the existence or non-existence of a maintained and operative
sprinkler system in the leased premises. "Sprinkler system" has the
same definition as is provided in section 155-a of the executive law.
It further provides that if there is a maintained and operative
sprinkler system in the leased premises, that the residential lease
shall also provide information regarding the last date of the
maintenance and inspection.

Section 2: The second section is the effective date.

JUSTIFICATION: On January 21, 2012, Kerry Rose Fitzsimons, Eva Block,
and Kevin Johnson were tragically killed in an off-campus fire while
attending Marist College. The fire was so strong and so fast that none
of the three students were able to escape.

What is known for certain was that there was no sprinkler system
installed in the off-campus home. According to the Fire Sprinkler
Initiative, the availability of smoke detectors, coupled with a
maintained and operative sprinkler system installed in a residence,
decreases the risk of dying in a fire by over 80%.

Currently, sprinkler systems are only required in newly constructed
apartment buildings outside of the "Big 5" cities in New York. Older
apartment buildings, and any other type of residential dwelling,
therefore, do not currently require sprinkler systems. This
legislation would require that every residential lease entered into on
or after January 1, 2014 provide conspicuous notice as to the
existence or non-existence of a sprinkler system. Being provided
notice as to the existence or non-existence of a sprinkler system will
help prospective tenants make an informed decision about where they
choose to live.

In honor of Kerry Rose, Eva, and Kevin it is imperative that we
provide all future tenants with the knowledge-and peace of mind-of the
existence or non-existence of a fire sprinkler system on the premises
before they sign a lease.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.


EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall have become a law, and shall apply to
leases entered into on or after such date.

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

                                 5212--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by  Sens.  FLANAGAN,  FUSCHILLO,  MARTINS  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the real property law, in relation to  sprinkler  system
  notice in residential leases

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

  Section 1. The real property law is amended by adding  a  new  section
231-a to read as follows:
  S 231-A. SPRINKLER SYSTEM NOTICE IN RESIDENTIAL LEASES. 1. EVERY RESI-
DENTIAL  LEASE  SHALL PROVIDE CONSPICUOUS NOTICE IN BOLD FACE TYPE AS TO
THE EXISTENCE OR NON-EXISTENCE OF A MAINTAINED AND  OPERATIVE  SPRINKLER
SYSTEM IN THE LEASED PREMISES.
  2.  FOR  PURPOSES  OF  THIS SECTION, "SPRINKLER SYSTEM" SHALL HAVE THE
SAME MEANING AS DEFINED IN SECTION ONE HUNDRED FIFTY-FIVE-A OF THE EXEC-
UTIVE LAW.
  3. IF THERE IS A MAINTAINED AND  OPERATIVE  SPRINKLER  SYSTEM  IN  THE
LEASED  PREMISES,  THE RESIDENTIAL LEASE AGREEMENT SHALL PROVIDE FURTHER
NOTICE AS TO THE LAST DATE OF MAINTENANCE AND INSPECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, and shall apply to leases entered into on or
after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10953-03-3

senate Bill S5212

Amended

Relates to sprinkler system notice in residential leases

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 sprinkler system notice in residential leases.

Bill Details

Versions:
S5212
S5212A
Law Section:
Real Property Law
Laws Affected:
Add §231-a, RP L

Sponsor Memo

BILL NUMBER:S5212

TITLE OF BILL: An act to amend the real property law, in relation to
sprinkler system notice in residential leases

PURPOSE:

To require all residential leases entered into on or after January 1,
2014 to include conspicuous notice as to the existence or
non-existence of a sprinkler system in the leased premises.

SUMMARY OF PROVISIONS:

Section 1:

The first section provides that all leases entered into on or after
January 1, 2014 shall provide conspicuous notice in bold face type as
to the existence or non-existence of a maintained and operative
sprinkler system in the leased premises. "Sprinkler system" has the
same definition as is provided in section 155-a of the executive law.
It further provides that if there is a maintained and operative
sprinkler system in the leased premises, that the residential lease
shall also provide information regarding the last date of the
maintenance and inspection. Finally, failure to provide notice in the
lease as to the existence or non-existence of a maintained and
operative sprinkler system shall deem the lease void, and the lessee
shall be entitled to recover and consideration paid by he or she to
enter into the lease.

Section 2: The second section is the effective date.

JUSTIFICATION:

On January 21, 2012, Kerry Rose Fitzsimons, Eva Block, and Kevin
Johnson were tragically killed in an off-campus fire while attending
Marist College. The fire was so strong and so fast that none of the
three students were able to escape.

What is known for certain was that there was no sprinkler system
installed in the off-campus home. According to the Fire Sprinkler
Initiative, the availability of smoke detectors, coupled with a
maintained and operative sprinkler system installed in a residence,
decreases the risk of dying in a fire by over 80%.

Currently, sprinkler systems are only required in newly constructed
apartment buildings outside of the "Big 5" cities in New York. Older
apartment buildings, and any other type of residential dwelling,
therefore, do not currently require sprinkler systems. This
legislation would require that every residential lease entered into on
or after January 1, 2014 provide conspicuous notice as to the
existence or non-existence of a sprinkler system. Being provided
notice as to the existence or non-existence of a sprinkler system will
help prospective tenants make an informed decision about where they
choose to live.

In honor of Kerry Rose, Eva, and Kevin it is imperative that we
provide all future tenants with the knowledge-and peace of mind-of the


existence or non-existence of a fire sprinkler system on the premises
before they sign a lease.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  5212

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

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

AN ACT to amend the real property law, in relation to  sprinkler  system
  notice in residential leases

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

  Section 1. The real property law is amended by adding  a  new  section
231-a to read as follows:
  S 231-A. SPRINKLER SYSTEM NOTICE IN RESIDENTIAL LEASES. 1. EVERY RESI-
DENTIAL LEASE ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND FOUR-
TEEN,  SHALL  PROVIDE  CONSPICUOUS  NOTICE  IN  BOLD FACE TYPE AS TO THE
EXISTENCE OR NON-EXISTENCE  OF  A  MAINTAINED  AND  OPERATIVE  SPRINKLER
SYSTEM IN THE LEASED PREMISES.
  2.  FOR  PURPOSES  OF  THIS SECTION, "SPRINKLER SYSTEM" SHALL HAVE THE
SAME MEANING AS DEFINED IN SECTION ONE HUNDRED FIFTY-FIVE-A OF THE EXEC-
UTIVE LAW.
  3. IF THERE IS A MAINTAINED AND  OPERATIVE  SPRINKLER  SYSTEM  IN  THE
LEASED  PREMISES,  THE RESIDENTIAL LEASE AGREEMENT SHALL PROVIDE FURTHER
NOTICE AS TO THE LAST DATE OF MAINTENANCE AND INSPECTION.
  4. FAILURE TO PROVIDE NOTICE IN THE RESIDENTIAL LEASE AGREEMENT AS  TO
THE  EXISTENCE  OR NON-EXISTENCE OF A MAINTAINED AND OPERATIVE SPRINKLER
SYSTEM SHALL DEEM THE LEASE VOID, AND THE LESSEE SHALL  BE  ENTITLED  TO
RECOVER THE CONSIDERATION PAID.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10953-01-3

senate Bill S4751B

Expands the persons responsible for reporting cases of suspected child abuse

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

Expands the persons responsible for reporting cases of suspected child abuse; requires coursework for reporting child abuse and maltreatment for persons holding temporary coaching licenses or professional coaching certificates.

Bill Details

See Assembly Version of this Bill:
A421C
Versions:
S4751
S4751A
S4751B
Law Section:
Social Services Law
Laws Affected:
Amd §§413 & 488, Soc Serv L; add §3036, Ed L

Votes

Sponsor Memo

BILL NUMBER:S4751B

TITLE OF BILL: An act to amend the social services law, in relation
to expanding the persons responsible for reporting cases of suspected
child abuse; and to amend the education law, in relation to coursework
for reporting child abuse and maltreatment for persons holding
temporary coaching licenses or professional coaching certificates

PURPOSE:

To require full or part-time compensated school employees required to
hold a temporary coaching license or professional coaching certificate
to report cases of suspected child abuse.

SUMMARY OF PROVISIONS:

Section one amends paragraph (a) of subdivision 1 of section 413 of
the social services law, as amended by chapter 554 of the laws of
2013, to add a full or part-time compensated school employee required
to hold a temporary coaching license or professional coaching
certificate to the list of mandated reporters.

Section two amends subdivision 5-a of section 488 of the social
services law, as amended by chapter 8 of the laws of 2014, to add any
full or part-time compensated school employee required to hold a
temporary coaching license or professional coaching certificate to the
definition of human services professional.

Section three amends the education law by adding a new section 3036 to
require the commissioner of education to prescribe regulations
requiring that all persons currently holding a temporary coaching
license or a professional coaching certificate and persons applying
for such license or certificate shall, in addition to all the other
licensure or certification requirements, have completed two hours of
coursework or training regarding the identification and reporting of
child abuse and maltreatment as described in the section. Each
applicant shall provide the department of education with documentation
showing that he or she has completed the required training.

Section four provides the effective date.

JUSTIFICATION:

School coaches are often in a position to observe children for signs
of abuse. Coaches develop close, trusting relationships with their
players, making it likely that a child would confide in his or her
coach.

The current law is ambiguous as to whether individuals in these
positions are mandated reporters. This legislation will clarify that
coaches who are paid employees of the school district have a duty to
report suspected abuse, and as with all mandated reporters, will be
protected from civil liability resulting from reports that are proven
unfounded. By requiring the commissioner of education to prescribe
regulations to complete two hours of coursework or training regarding
the identification and reporting of child abuse and maltreatment, we


provide the coaches with the tools to assist them to identify and
report suspected child abuse and maltreatment.

LEGISLATIVE HISTORY:

A.8901A of 2012 referred to children and families. Same as S.7350A
(Saland) of 2012 committed to rules.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that
sections one and two of this act shall take effect on July 1, 2015;
provided, further that if chapter 554 of the laws of 2013 shall not
have taken effect on or before such date then section one of this act
shall take effect on the same date and in the same manner as such
chapter of the laws of 2013, take effect; and provided that if chapter
B of the laws of 2014 shall not have taken effect on or before such
date then section two of this act shall take effect on the same date
and in the same manner as such chapter of the laws of 2014, take
effect.

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

                                 4751--B
    Cal. No. 184

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 22, 2013
                               ___________

Introduced  by  Sens. LANZA, GALLIVAN, KENNEDY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Children
  and Families -- recommitted to the Committee on Children and  Families
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported favorably from said committee, ordered  to  first  and
  second report, ordered to a third reading, passed by Senate and deliv-
  ered  to  the Assembly, recalled, vote reconsidered, restored to third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN  ACT  to  amend the social services law, in relation to expanding the
  persons responsible for reporting cases of suspected child abuse;  and
  to  amend  the  education law, in relation to coursework for reporting
  child abuse and maltreatment for persons  holding  temporary  coaching
  licenses or professional coaching certificates

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

  Section 1. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by chapter 554 of the laws of 2013, is  amended
to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05059-11-4

S. 4751--B                          2

osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian; licensed creative arts therapist;  licensed  marriage  and  family
therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
licensed behavior analyst; certified behavior analyst assistant;  hospi-
tal  personnel  engaged in the admission, examination, care or treatment
of persons; a Christian Science  practitioner;  school  official,  which
includes  but  is not limited to school teacher, school guidance counse-
lor, school psychologist, school social  worker,  school  nurse,  school
administrator  or  other school personnel required to hold a teaching or
administrative license or certificate;  FULL  OR  PART-TIME  COMPENSATED
SCHOOL EMPLOYEE REQUIRED TO HOLD A TEMPORARY COACHING LICENSE OR PROFES-
SIONAL COACHING CERTIFICATE; social services worker; director of a chil-
dren's  overnight camp, summer day camp or traveling summer day camp, as
such camps are defined in section thirteen  hundred  ninety-two  of  the
public health law; day care center worker; school-age child care worker;
provider  of family or group family day care; or any other child care or
foster care worker; mental health professional; substance abuse  counse-
lor;  alcoholism  counselor;  all  persons credentialed by the office of
alcoholism and substance abuse services; peace officer; police  officer;
district  attorney or assistant district attorney; investigator employed
in the office of a district attorney; or other law enforcement official.
  S 2. Subdivision 5-a of section 488 of the  social  services  law,  as
amended by chapter 8 of the laws of 2014, is amended to read as follows:
  5-a.  "Human  services professional" shall mean any: physician; regis-
tered physician assistant; surgeon; medical examiner; coroner;  dentist;
dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
resident; intern; psychologist;  registered  nurse;  licensed  practical
nurse;  nurse practitioner; social worker; emergency medical technician;
licensed creative arts therapist; licensed marriage  and  family  thera-
pist; licensed mental health counselor; licensed psychoanalyst; licensed
behavior   analyst;   certified  behavior  analyst  assistant;  licensed
speech/language pathologist or audiologist; licensed physical therapist;
licensed occupational  therapist;  hospital  personnel  engaged  in  the
admission,  examination, care or treatment of persons; Christian Science
practitioner; school official, which includes  but  is  not  limited  to
school  teacher,  school guidance counselor, school psychologist, school
social worker,  school  nurse,  school  administrator  or  other  school
personnel  required  to  hold  a  teaching  or administrative license or
certificate; FULL OR PART-TIME COMPENSATED SCHOOL EMPLOYEE  REQUIRED  TO
HOLD  A TEMPORARY COACHING LICENSE OR PROFESSIONAL COACHING CERTIFICATE;
social services worker; any other child  care  or  foster  care  worker;
mental  health  professional; person credentialed by the office of alco-
holism and substance abuse  services;  peace  officer;  police  officer;
district  attorney or assistant district attorney; investigator employed
in the office of a district attorney; or other law enforcement official.
  S 3. The education law is amended by adding a new section 3036 to read
as follows:
  S 3036. COURSEWORK FOR REPORTING  CHILD  ABUSE  AND  MALTREATMENT  FOR
THOSE  WITH COACHING LICENSES OR COACHING CERTIFICATES. 1. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL  PRESCRIBE  REGU-
LATIONS  REQUIRING THAT ALL PERSONS CURRENTLY HOLDING A TEMPORARY COACH-
ING LICENSE OR A PROFESSIONAL COACHING CERTIFICATE AND PERSONS  APPLYING
FOR  SUCH  LICENSE  OR  CERTIFICATE  SHALL, IN ADDITION TO ALL THE OTHER
LICENSURE OR CERTIFICATION REQUIREMENTS, HAVE  COMPLETED  TWO  HOURS  OF
COURSEWORK  OR  TRAINING  REGARDING  THE IDENTIFICATION AND REPORTING OF

S. 4751--B                          3

CHILD ABUSE AND  MALTREATMENT.  THE  COURSEWORK  OR  TRAINING  SHALL  BE
OBTAINED  FROM AN INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED BY THE
DEPARTMENT TO PROVIDE SUCH COURSEWORK OR  TRAINING.  THE  COURSEWORK  OR
TRAINING SHALL INCLUDE INFORMATION REGARDING THE PHYSICAL AND BEHAVIORAL
INDICATORS  OF  CHILD ABUSE AND MALTREATMENT AND THE STATUTORY REPORTING
REQUIREMENTS SET OUT IN SECTIONS  FOUR  HUNDRED  THIRTEEN  THROUGH  FOUR
HUNDRED TWENTY OF THE SOCIAL SERVICES LAW, INCLUDING BUT NOT LIMITED TO,
WHEN  AND  HOW A REPORT MUST BE MADE, WHAT OTHER ACTIONS THE REPORTER IS
MANDATED OR AUTHORIZED TO TAKE, THE LEGAL  PROTECTIONS  AFFORDED  REPOR-
TERS,  AND  THE CONSEQUENCES FOR FAILING TO REPORT. EACH APPLICANT SHALL
PROVIDE THE DEPARTMENT WITH DOCUMENTATION SHOWING THAT  HE  OR  SHE  HAS
COMPLETED THE REQUIRED TRAINING.
  2. PERSONS CURRENTLY HOLDING A TEMPORARY COACHING LICENSE OR A PROFES-
SIONAL  COACHING  CERTIFICATE  SHALL  MEET  THE  COURSEWORK  OR TRAINING
REQUIREMENTS PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION NO LATER THAN
JULY FIRST, TWO THOUSAND FIFTEEN.
  S 4. This act shall take effect immediately; provided,  however,  that
sections  one  and  two  of  this act shall take effect on July 1, 2015;
provided, further that if chapter 554 of the laws of 2013 shall not have
taken effect on or before such date then section one of this  act  shall
take  effect  on the same date and in the same manner as such chapter of
the laws of 2013, takes effect; and provided that if chapter  8  of  the
laws  of  2014  shall  not have taken effect on or before such date then
section two of this act shall take effect on the same date  and  in  the
same manner as such chapter of the laws of 2014, takes effect.

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