assembly Bill A8936A

Authorizes the START Children's Center, Inc. to retroactively apply for a real property tax exemption for certain property in the city of Troy, county of Rensselaer

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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

Authorizes the START Children's Center, Inc. to retroactively apply for a real property tax exemption for certain property in the city of Troy, county of Rensselaer.

Bill Details

See Senate Version of this Bill:
S6605A
Versions:
A8936
A8936A
Law Section:
Real Property Taxation
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8936--A

                          I N  A S S E M B L Y

                              March 3, 2014
                               ___________

Introduced  by  M.  of  A.  McLAUGHLIN  -- read once and referred to the
  Committee on Real Property  Taxation  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to authorize the START Children's Center, Inc.  to  retroactively
  apply  for  a  real property tax exemption for certain property in the
  city of Troy, county of Rensselaer

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

  Section 1. Notwithstanding any other provision of law to the contrary,
the  assessor  of  the  city of Troy is hereby authorized to accept from
START Children's Center, Inc., an application for  exemption  from  real
property  taxes  pursuant  to section 420-a of the real property tax law
for a portion of the 2012 assessment roll for the parcel owned  by  such
not-for-profit  entity which is located at 131 sixth avenue, in the city
of Troy, county of Rensselaer, otherwise known as lot 90.39 of  block  5
of  section 19.  If accepted, the application shall be reviewed as if it
had been received on or before the taxable status date  established  for
such rolls.
  If  satisfied that such not-for-profit organization would otherwise be
entitled to such exemption if such not-for-profit organization had filed
an application for exemption by the appropriate taxable status date, the
assessor, upon approval by the Rensselaer county legislature,  may  make
appropriate correction to the subject rolls. If such exemption is grant-
ed  and  such  organization,  therefore,  shall  have  paid any tax with
respect to the subject rolls,  the  applicable  governing  body  or  tax
department  may, in its sole discretion, provide for the refund of those
taxes paid and cancel those taxes, fines, penalties, liens, or  interest
remaining unpaid.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13509-04-4

assembly Bill A8936

Amended

Authorizes the START Children's Center, Inc. to retroactively apply for a real property tax exemption for certain property in the city of Troy, county of Rensselaer

download pdf

Sponsor

Bill Status


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

actions

Summary

Authorizes the START Children's Center, Inc. to retroactively apply for a real property tax exemption for certain property in the city of Troy, county of Rensselaer.

Bill Details

See Senate Version of this Bill:
S6605
Versions:
A8936
A8936A
Law Section:
Troy, City of
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8936

                          I N  A S S E M B L Y

                              March 3, 2014
                               ___________

Introduced  by  M.  of  A.  McLAUGHLIN  -- read once and referred to the
  Committee on Real Property Taxation

AN ACT to authorize the city of Troy, county of  Rensselaer  to  forgive
  certain past due property taxes due from START Children's Center, Inc.

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

  Section 1. Notwithstanding any other  provision  of  any  law  to  the
contrary,  the  assessor  of  the  city  of Troy is hereby authorized to
forgive past due property taxes from START Children's Center,  Inc.  for
the  period  of  time  from  May 1, 2012 through June 30, 2012, totaling
three thousand six hundred eighty-four dollars and seventy-one cents for
the parcel located at 131 Sixth Avenue,  Troy,  New  York,  12180,  also
known as Lot 90.39 of Block 5 of Section 19.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13509-01-4

assembly Bill A9550

Relates to the segregated confinement of pregnant inmates

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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

Restricts the segregated confinement of pregnant inmates to situations where there are exceptional circumstances which would create an unacceptable risk to other inmates or staff.

Bill Details

Versions:
A9550
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9550

                          I N  A S S E M B L Y

                               May 7, 2014
                               ___________

Introduced by M. of A. ROZIC, BARRETT, MAYER, O'DONNELL -- read once and
  referred to the Committee on Correction

AN  ACT  to  amend  the  correction  law,  in relation to the segregated
  confinement of pregnant inmates

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

  Section  1.  The  opening paragraph of subdivision 6 of section 137 of
the correction law, as amended by chapter 1 of  the  laws  of  2008,  is
amended to read as follows:
  Except  as  provided  in  paragraphs  (d)  [and], (e), AND (G) of this
subdivision, the superintendent of a correctional facility may keep  any
inmate  confined  in  a  cell  or  room,  apart  from the accommodations
provided for inmates who are participating in programs of the  facility,
for  such  period as may be necessary for maintenance of order or disci-
pline, but in any such case the following conditions shall be observed:
  S 2. Subdivision 6 of section 137 of the correction law is amended  by
adding a new paragraph (g) to read as follows:
  (G)  AN  INMATE  KNOWN  BY  THE DEPARTMENT TO BE PREGNANT SHALL NOT BE
PLACED IN SEGREGATED CONFINEMENT OR OTHER RESTRICTED CONFINEMENT  UNLESS
THERE  ARE  EXCEPTIONAL CIRCUMSTANCES WHICH WOULD CREATE AN UNACCEPTABLE
RISK TO THE SAFETY AND SECURITY OF OTHER INMATES  OR  STAFF.    IN  SUCH
EXCEPTIONAL   CIRCUMSTANCES  THE  INMATE'S  CASE  SHALL  BE  IMMEDIATELY
REFERRED TO THE COMMISSIONER FOR REVIEW AND RESOLUTION. IF THE INMATE IS
NOT RELEASED FROM SUCH CONFINEMENT UPON THE INITIAL REVIEW,  HER  PLACE-
MENT  IN  SUCH  CONFINEMENT  SHALL  BE  REVIEWED WEEKLY THEREAFTER. SUCH
INMATE SHALL BE REMOVED FROM SUCH CONFINEMENT AS SOON AS THE EXCEPTIONAL
CIRCUMSTANCE NO LONGER POSES AN UNACCEPTABLE  RISK  TO  THE  SAFETY  AND
SECURITY OF OTHER INMATES OR STAFF. SUCH INMATE'S ACCESS TO HEALTH CARE,
MENTAL  HEALTH  CARE  AND  NUTRITIOUS  DIET  SHALL NOT BE RESTRICTED FOR
DISCIPLINARY REASONS, NOR SHALL ANY INMATE BE DENIED POST-PARTUM  HEALTH
CARE  BECAUSE  SHE  IS  IN  SEGREGATED  CONFINEMENT  OR OTHER RESTRICTED
CONFINEMENT.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15046-01-4

senate Bill S4926C

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; relates to the effectiveness

download pdf

Sponsor

Bill Status


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

actions

Summary

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; extends effectiveness.

Bill Details

See Assembly Version of this Bill:
A5476D
Versions:
S4926
S4926A
S4926B
S4926C
Law Section:
Public Health Law
Laws Affected:
Amd Part A §38, Chap 60 of 2014; amd §§2899-a & 2899, Pub Health L; amd §461-t, Soc Serv L

Votes

Sponsor Memo

BILL NUMBER:S4926C

TITLE OF BILL: An act to amend section 38 of part A of the chapter 60
of the laws of 2014 amending the public health law, relating to adult
care facilities, in relation to the effectiveness thereof; and to
amend the public health law and the social services law, in relation
to criminal history checks of prospective employees of adult homes,
enriched housing programs or residences for adults

PURPOSE OR GENERAL IDEA OF BILL:

This bill would provide the Department of Health with additional time
to implement the new law requiring adult care facilities and assisted
living residences to conduct criminal background checks on all
prospective direct care staff.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 38 of Part A of Chapter 60 of the Laws of
2014 to changes the effective date of the new criminal background
check requirement to January 1, 2015.

Section 2 amends Public Health Law § 2899-a(10) to add adult care
facilities to the list of entities that may temporarily approve
prospective employees while the results of a criminal history record
check are pending, so long as such facilities conduct appropriate
direct observation and evaluation of those employees.

Section 3 amends Public Health Law § 2899(6) to clarify that the new
criminal background check requirement applies to all adult care
facilities regulated by the Department of Health.

Section 4 amends Social Services Law § 461-t to clarify that the new
criminal background check requirement applies to all adult care
facilities regulated by the Department of Health.

Section 5 provides for: (1) an immediate effective date for section 1
in order to immediately change the effective date of the new criminal
background check requirement to January 1, 2015; and (2) an effective
date of January 1, 2015 for sections 2, 3 and 4, so that they also
take effect on the same date as the new criminal background check
requirement.

EXISTING LAW:

Since 2005, Article 28-E of the Public Health Law has required nursing
homes and home care agencies to conduct criminal background checks on
prospective direct care employees. As part of the 2014-15 Enacted
State Budget, legislation was enacted to authorize adult care
facilities to conduct criminal background checks for the first time
through the existing Department of Health system utilized for nursing
homes and home care agencies (L.2014, ch.60, Part A, sections 22-24).

JUSTIFICATION:

As part of the 2014-15 Enacted State Budget, the Legislature
authorized adult care facilities and assisted living residences to


utilize the comprehensive, cost-effective criminal background check
system already in place at the Department of Health (L.2014, ch.60,
Part A, sections 22-24). However, the enacted budget legislation did
not provide a specific effective date for this new requirement, and as
a result, it took effect immediately along with many of the other
provisions in Part A of Chapter 60 of the Laws of 2014.

Since there are over 500 adult care facilities and assisted living
residences in the State, the Department of Health needs additional
time to add of all these facilities to its existing criminal
background check system. As a result, this bill would change the
effective date of the new criminal background requirement for these
facilities to January 1, 2015, in order to ensure a proper and
successful implementation of this important new requirement.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Savings will be achieved in the current State fiscal year, and there
will be no additional fiscal cost in future years.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that
sections two, three and four of this act shall take effect January 1,
2015.

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

                                 4926--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sens. HANNON, MARCHIONE, AVELLA, GOLDEN, LARKIN, O'BRIEN
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- recommitted to the Committee on  Health  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee with amendments and committed to the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend section 38 of part A of the chapter 60 of  the  laws  of
  2014  amending  the  public health law, relating to adult care facili-
  ties, in relation to the  effectiveness  thereof;  and  to  amend  the
  public health law and the social services law, in relation to criminal
  history checks of prospective employees of adult homes, enriched hous-
  ing programs or residences for adults

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

  Section 1. Section 38 of part A of chapter 60  of  the  laws  of  2014
amending  the  public  health  law  relating to adult care facilities is
amended to read as follows:
  S 38. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2014; PROVIDED,
HOWEVER, THAT SECTIONS TWENTY-TWO, TWENTY-THREE, AND TWENTY-FOUR OF THIS
ACT  SHALL  TAKE  EFFECT  JANUARY  1,  2015; provided, however, that the
amendments to subdivisions 1 and  2  of  section  461-k  of  the  social
services law made by section thirty-one of this act shall not affect the
expiration  of such section and shall be deemed to expire therewith; and
provided, further, that the amendments made to paragraph (b) of subdivi-
sion 18-a of section 206 of  the  public  health  law  made  by  section
sixteen  of  this  act shall not affect the expiration of such paragraph
and shall be deemed to expire therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-09-4

S. 4926--C                          2

  S 2. Subdivision 10 of section 2899-a of the  public  health  law,  as
amended  by  chapter  331  of  the  laws  of 2006, is amended to read as
follows:
  10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
forty-five-b of the executive  law,  a  certified  home  health  agency,
licensed home care services agency or long term home health care program
certified, licensed or approved under article thirty-six of this chapter
or  a  home  care services agency exempt from certification or licensure
under article thirty-six of this chapter, OR  AN  ADULT  HOME,  ENRICHED
HOUSING  PROGRAM OR RESIDENCE FOR ADULTS LICENSED UNDER ARTICLE SEVEN OF
THE SOCIAL SERVICES LAW, may temporarily approve a prospective  employee
while  the  results  of  the  criminal history information check and the
determination are pending, upon the condition that the provider conducts
appropriate direct observation and evaluation of the temporary employee,
while he or she is temporarily employed, and  the  care  recipient.  The
results  of  such  observations  shall  be  documented  in the temporary
employee's personnel file and  shall  be  maintained.  For  purposes  of
providing  such  appropriate  direct  observation  and  evaluation,  the
provider shall utilize an individual employed by such  provider  with  a
minimum  of  one  year's  experience  working  in  an  agency certified,
licensed or approved under article thirty-six  of  this  chapter  OR  AN
ADULT  HOME,  ENRICHED  HOUSING PROGRAM OR RESIDENCE FOR ADULTS LICENSED
UNDER ARTICLE SEVEN OF THE  SOCIAL  SERVICES  LAW.    If  the  temporary
employee  is  working  under  contract  with another provider certified,
licensed or approved under article  thirty-six  of  this  chapter,  such
contract provider's appropriate direct observation and evaluation of the
temporary  employee,  shall be considered sufficient for the purposes of
complying with this subdivision.
  S 3. Subdivision 6 of section  2899  of  the  public  health  law,  as
amended  by  section  22 of part A of chapter 60 of the laws of 2014, is
amended to read as follows:
  6. "Provider" shall mean any residential health care facility licensed
under article twenty-eight of this chapter; or any certified home health
agency, licensed home care services agency or long term home health care
program certified under article  thirty-six  of  this  chapter;  or  any
[adult  care facility] ADULT HOME, ENRICHED HOUSING PROGRAM OR RESIDENCE
FOR ADULTS licensed under article seven of the social services law.
  S 4. Section 461-t of the social services law, as added by section  24
of  part  A  of  chapter  60  of the laws of 2014, is amended to read as
follows:
  S 461-t. Review of criminal history information concerning prospective
direct care employees. Every [adult care facility] ADULT HOME,  ENRICHED
HOUSING PROGRAM AND RESIDENCE FOR ADULTS shall conduct a criminal histo-
ry  record  check  of  prospective  direct  care employees utilizing the
procedures and standards set forth  in  article  twenty-eight-E  of  the
public health law.
  S  5.  This act shall take effect immediately; provided, however, that
sections two, three and four of this act shall take  effect  January  1,
2015.

senate Bill S4926B

Amended

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; relates to the effectiveness

download pdf

Sponsor

Bill Status


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

actions

Summary

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; extends effectiveness.

Bill Details

Versions:
S4926
S4926A
S4926B
S4926C
Law Section:
Public Health Law
Laws Affected:
Amd Part A §38, Chap 60 of 2014; amd §2899-a, Pub Health L

Sponsor Memo

BILL NUMBER:S4926B

TITLE OF BILL: An act to amend section 38 of part A of the chapter 60
of the laws of 2014 amending the public health law, relating to adult
care facilities, in relation to the effectiveness thereof; and to amend
the public health law, in relation to criminal history checks of
prospective employees of adult care facilities

PURPOSE:

This bill would provide the Department of Health with additional time to
implement the new law requiring all adult care facilities and assisted
living residences to conduct criminal background checks on all prospec-
tive direct care staff.

SUMMARY OF PROVISIONS:

Section 1 amends section 38 of Part A of Chapter 60 of the Laws of 2014
to changes the effective date of the new criminal background check
requirement to January 1, 2015.

Section 2 amends Public Health Law § 2899-a(10) to add adult care facil-
ities to the list of entities that may temporarily approve prospective
employees while the results of a criminal history record check are pend-
ing, so long as such facilities conduct appropriate direct observation
and evaluation of those employees.

Section 3 provides for: (1) an immediate effective date for section 1 in
order to immediately change the effective date of the new criminal back-
ground check requirement to January 1, 2015; and (2) an effective date
of January 1, 2015 for section 2, so that it also takes effect on the
same date as the new criminal background check requirement.

EXISTING LAW:

Since 2005, Article 28-E of the Public Health Law has required nursing
homes and home care agencies to conduct criminal background checks on
prospective direct care employees. As part of the 2014-15 Enacted State
Budget, legislation was enacted to authorize adult care facilities to
conduct criminal background checks for the first time through the exist-
ing Department of Health system utilized for nursing homes and home care
agencies (L.2014, ch.60, Part A, sections 2224).

JUSTIFICATION:

As part of the 2014-15 Enacted State Budget, the Legislature authorized
adult care facilities and assisted living residences to utilize the
comprehensive, cost-effective criminal background check system already
in place at the Department of Health (L.2014, ch.60, Part A, sections
22-24). However, the enacted budget legislation did not provide a
specific effective date for this new requirement, and as a result, it

took effect immediately along with many of the other provisions in Part
A of Chapter 60 of the Laws of 2014.

Since there are over 500 adult care facilities and assisted living resi-
dences in the State, the Department of Health needs additional time to
add of all these facilities to its existing criminal background check
system. As a result, this bill would change the effective date of the
new criminal background requirement for these facilities to January 1,
2015, in order to ensure a proper and successful implementation of this
important new requirement.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Savings will be achieved in the current State fiscal year, and there
will be no additional fiscal cost in future years.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that section
two of this act shall take effect January 1, 2015.

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

                                 4926--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sens. HANNON, MARCHIONE, AVELLA, GOLDEN, LARKIN, O'BRIEN
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- recommitted to the Committee on  Health  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee with amendments and committed to the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend section 38 of part A of the chapter 60 of the laws of
  2014 amending the public health law, relating to  adult  care  facili-
  ties,  in  relation  to  the  effectiveness  thereof; and to amend the
  public health law, in relation to criminal history checks of  prospec-
  tive employees of adult care facilities

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

  Section 1. Section 38 of part A of chapter 60  of  the  laws  of  2014
amending  the  public  health  law  relating to adult care facilities is
amended to read as follows:
  S 38. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2014; PROVIDED,
HOWEVER, THAT SECTIONS TWENTY-TWO, TWENTY-THREE, AND TWENTY-FOUR OF THIS
ACT  SHALL  TAKE  EFFECT  JANUARY  1,  2015; provided, however, that the
amendments to subdivisions 1 and  2  of  section  461-k  of  the  social
services law made by section thirty-one of this act shall not affect the
expiration  of such section and shall be deemed to expire therewith; and
provided, further, that the amendments made to paragraph (b) of subdivi-
sion 18-a of section 206 of  the  public  health  law  made  by  section
sixteen  of  this  act shall not affect the expiration of such paragraph
and shall be deemed to expire therewith.
  S 2. Subdivision 10 of section 2899-a of the  public  health  law,  as
amended  by  chapter  331  of  the  laws  of 2006, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-07-4

S. 4926--B                          2

  10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
forty-five-b  of  the  executive  law,  a  certified home health agency,
licensed home care services agency or long term home health care program
certified, licensed or approved under article thirty-six of this chapter
or  a  home  care services agency exempt from certification or licensure
under article thirty-six of this chapter,  OR  AN  ADULT  CARE  FACILITY
LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW, may temporarily
approve a prospective employee while the results of the criminal history
information  check and the determination are pending, upon the condition
that the provider conducts appropriate direct observation and evaluation
of the temporary employee, while he or she is temporarily employed,  and
the care recipient. The results of such observations shall be documented
in  the temporary employee's personnel file and shall be maintained. For
purposes of providing such appropriate  direct  observation  and  evalu-
ation, the provider shall utilize an individual employed by such provid-
er  with  a minimum of one year's experience working in an agency certi-
fied, licensed or approved under article thirty-six of this  chapter  OR
AN  ADULT  CARE  FACILITY  LICENSED  UNDER  ARTICLE  SEVEN OF THE SOCIAL
SERVICES LAW.  If the temporary employee is working under contract  with
another  provider  certified, licensed or approved under article thirty-
six of this chapter, such contract provider's appropriate direct  obser-
vation  and  evaluation  of  the temporary employee, shall be considered
sufficient for the purposes of complying with this subdivision.
  S 3. This act shall take effect immediately; provided,  however,  that
section two of this act shall take effect January 1, 2015.

senate Bill S4926A

Amended

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; relates to the effectiveness

download pdf

Sponsor

Bill Status


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

actions

Summary

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; extends effectiveness.

Bill Details

Versions:
S4926
S4926A
S4926B
S4926C
Law Section:
Public Health Law
Laws Affected:
Amd §§2899 & 2899-a, Pub Health L; add §461-t, Soc Serv L

Sponsor Memo

BILL NUMBER:S4926A

TITLE OF BILL: An act to amend the public health law and the social
services law, in relation to requiring the review of the criminal
history of prospective employees of adult care facilities

PURPOSE: This bill would require all adult care facilities and
assisted living residences to conduct criminal background checks on
all prospective direct care staff through the existing Department of
Health system utilized for prospective employees of nursing homes and
home care agencies.

SUMMARY OF PROVISIONS:

Section 1 amends Public Health Law § 2899(6) to add adult care
facilities to the definition and list of providers required to conduct
criminal background checks on prospective direct care staff under
Article 28-E.

Section 2 amends Public Health Law § 2899(9)(a) to add adult care
facilities to the list of entities eligible for reimbursement for the
cost of conducting criminal background checks on prospective direct
care employees.

Section 3 adds a new section 461-t to the Social Services Law to
require every adult care facility to conduct a criminal history record
check of prospective direct care employees utilizing the procedures
and standards set forth in article 28-E of the public health law.

Section 4 provides for an effective date of January 1St next
succeeding enactment.

EXISTING LAW: There is no current statutory requirement for adult
care facilities to conduct criminal background checks on prospective
direct care employees. Article 28-E of the Public Health Law currently
requires nursing homes and home care agencies to conduct criminal
background checks on prospective direct care employees.

JUSTIFICATION: While many adult care facilities and assisted living
residences voluntarily conduct criminal background checks on their
prospective employees, there is no statutory requirement or uniform
process for them to do so. In 2005, Article 28-E of the Public Health
Law was enacted to create such a statutory requirement and uniform
process within the Department of Health for prospective employees of
nursing homes and home care agencies (L.2005, ch.769). This bill would
amend Article 28-E to: (1) ensure that all adult care facilities and
assisted living residences conduct criminal background checks on
prospective direct care employees; and (2) allow all such facilities
to utilize the uniform and comprehensive criminal background check
process already in place at the Department of Health.

Pursuant to Article 28-E and Department regulations, criminal
background checks are conducted on all employees who have "physical
access to a resident's living quarters ... or provide face-to-face
care." The criminal background checks are run through both the
Division of Criminal Justice Services (DCJS) and the Federal Bureau of
Investigation (FBI). Based on the results of the background check, the


Department of Health then makes a determination as to whether the
individual should be hired in a direct care position. In addition, the
Department of Health maintains a permanent record for the individual,
so that he or she does not need to undergo another background check
upon a future change in employment. The bill will allow adult care
facilities and assisted living residences to utilize this
comprehensive, cost-effective criminal background check system already
in place at the Department of Health, and help ensure the health and
safety of the senior residents of such facilities.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Nominal.

EFFECTIVE DATE: The act shall take effect January 1, next succeeding
enactment, and the Department of Health would be authorized and
directed to promulgate, amend and/or repeal, on an emergency basis,
any rules and regulations necessary to implement the provisions of
this act

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

                                 4926--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sens. HANNON, MARCHIONE, AVELLA, GOLDEN, LARKIN, O'BRIEN
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- recommitted to the Committee on  Health  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee with amendments and committed to the Committee on Finance

AN ACT to amend the public health law and the social  services  law,  in
  relation  to  requiring the review of the criminal history of prospec-
  tive employees of adult care facilities

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

  Section  1. Subdivision 6 of section 2899 of the public health law, as
amended by chapter 331 of the laws  of  2006,  is  amended  to  read  as
follows:
  6. "Provider" shall mean any residential health care facility licensed
under article twenty-eight of this chapter; or any certified home health
agency, licensed home care services agency or long term home health care
program certified under article thirty-six of this chapter; OR ANY ADULT
CARE FACILITY LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW.
  S  2.  Paragraph  (a) of subdivision 9 of section 2899-a of the public
health law, as amended by chapter 331 of the laws of 2006, is amended to
read as follows:
  (a) In the event that funds are appropriated in any given fiscal  year
for  the  reimbursement for the costs of providing such criminal history
information, reimbursement shall be made available in an  equitable  and
direct  manner for the projected cost of the fee established pursuant to
law by the division of criminal justice services for processing a crimi-
nal history information check, the fee imposed by the federal bureau  of
investigation  for  a national criminal history check, and costs associ-
ated with obtaining the fingerprints to all providers licensed, but  not
certified  under  article thirty-six of this chapter, AND ALL ADULT CARE
FACILITIES LICENSED UNDER ARTICLE SEVEN  OF  THE  SOCIAL  SERVICES  LAW,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-04-4

S. 4926--A                          2

including  those  that  are  subject  to  this article and are unable to
access direct reimbursement from  state  and/or  federal  funded  health
programs.
  S  3. The social services law is amended by adding a new section 461-t
to read as follows:
  S 461-T. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
DIRECT CARE EMPLOYEES. EVERY ADULT CARE FACILITY SHALL CONDUCT A  CRIMI-
NAL  HISTORY RECORD CHECK OF PROSPECTIVE DIRECT CARE EMPLOYEES UTILIZING
THE PROCEDURES AND STANDARDS SET FORTH IN ARTICLE TWENTY-EIGHT-E OF  THE
PUBLIC HEALTH LAW.
  S  4.  This act shall take effect the first of January next succeeding
the date on which it shall have become a law.    Effective  immediately,
the department of health is authorized and directed to promulgate, amend
and/or  repeal,  on an emergency basis, any rules and regulations neces-
sary to implement the provisions of this act.

senate Bill S4926

Amended

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; relates to the effectiveness

download pdf

Sponsor

Bill Status


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

actions

Summary

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; extends effectiveness.

Bill Details

See Assembly Version of this Bill:
A5476A
Versions:
S4926
S4926A
S4926B
S4926C
Law Section:
Public Health Law
Laws Affected:
Amd Part A §38, Chap 60 of 2014; amd §§2899-a & 2899, Pub Health L; amd §461-t, Soc Serv L

Votes

Sponsor Memo

BILL NUMBER:S4926

TITLE OF BILL: An act to amend the public health law and the social
services law, in relation to requiring the review of the criminal
history of prospective employees of adult care facilities

PURPOSE: This bill would require all adult care facilities and
assisted living residences to conduct criminal background checks on
all prospective direct care staff through the existing Department of
Health system utilized for prospective employees of nursing homes and
home care agencies.

SUMMARY OF PROVISIONS:

Section 1 amends Public Health Law § 2899(6) to add adult care
facilities to the definition and list of providers required to conduct
criminal background checks on prospective direct care staff under
Article 28-E.

Section 2 amends Public Health Law § 2899(9)(a) to add adult care
facilities to the list of entities eligible for reimbursement for the
cost of conducting criminal background checks on prospective direct
care employees.

Section 3 adds a new section 461-t to the Social Services Law to
require every adult care facility to conduct a criminal history record
check of prospective direct care employees utilizing the procedures
and standards set forth in article 28-E of the public health law.

Section 4 provides for an effective date of ninety days after becoming
law, and the Department of Health would be authorized and directed to
promulgate, amend and/or repeal, on an emergency basis, any rules and
regulations necessary to implement the provisions of this act.

EXISTING LAW: There is no current statutory requirement for adult
care facilities to conduct criminal background checks on prospective
direct care employees. Article 28-E of the Public Health Law currently
requires nursing homes and home care agencies to conduct-criminal
background checks on prospective direct care employees.

JUSTIFICATION: While many adult care facilities and assisted living
residences voluntarily conduct criminal background checks on their
prospective employees, there is no statutory requirement or uniform
process for them to do so. In 2005, Article 28-E of the Public Health
Law was enacted to create such a statutory requirement and uniform
process within the Department of Health for prospective employees of
nursing homes and home care agencies (L.2005, ch.769). This bill would
amend Article 28-E to: (1) ensure that all adult care facilities and
assisted living residences conduct criminal background checks on
prospective direct care employees; and (2) allow all such facilities
to utilize the uniform and comprehensive criminal background check
process already in place at the Depart rent of Health.

Pursuant to Article 28-E and Department regulations, criminal
background checks are conducted on all employees who have "physical
access to a resident's living quarters ... or provide face-to-face
care." The criminal background checks are run through both the


Division of Criminal Justice Services (DCJS) and the Federal Bureau of
Investigation (FBI). Based on the results of the background check, the
Department of Health then makes a determination as to whether the
individual should be hired in a direct care position. In addition, the
Department of Health maintains a permanent record for the individual,
so that he or she does not need to undergo another background check
upon a future change in employment. The bill will allow adult care
facilities and assisted living residences to utilize this
comprehensive, cost-effective criminal background check system already
in place at the Department of Health, and help ensure the health and
safety of the senior residents of such facilities.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Nominal.

EFFECTIVE DATE: The act shall take effect January 1, 2014 and the
Department of Health would be authorized and directed to promulgate,
amend and/or repeal, on an emergency basis, any rules and regulations
necessary to implement the provisions of this act.

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

                                  4926

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced by Sens. HANNON, MARCHIONE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

AN  ACT  to  amend the public health law and the social services law, in
  relation to requiring the review of the criminal history  of  prospec-
  tive employees of adult care facilities

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

  Section 1. Subdivision 6 of section 2899 of the public health law,  as
amended  by  chapter  331  of  the  laws  of 2006, is amended to read as
follows:
  6. "Provider" shall mean any residential health care facility licensed
under article twenty-eight of this chapter; or any certified home health
agency, licensed home care services agency or long term home health care
program certified under article thirty-six of this chapter; OR ANY ADULT
CARE FACILITY LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW.
  S 2. Paragraph (a) of subdivision 9 of section 2899-a  of  the  public
health law, as amended by chapter 331 of the laws of 2006, is amended to
read as follows:
  (a)  In the event that funds are appropriated in any given fiscal year
for the reimbursement for the costs of providing such  criminal  history
information,  reimbursement  shall be made available in an equitable and
direct manner for the projected cost of the fee established pursuant  to
law by the division of criminal justice services for processing a crimi-
nal  history information check, the fee imposed by the federal bureau of
investigation for a national criminal history check, and  costs  associ-
ated  with obtaining the fingerprints to all providers licensed, but not
certified under article thirty-six of this chapter, AND ALL  ADULT  CARE
FACILITIES  LICENSED  UNDER  ARTICLE  SEVEN  OF THE SOCIAL SERVICES LAW,
including those that are subject to  this  article  and  are  unable  to
access  direct  reimbursement  from  state  and/or federal funded health
programs.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-03-3

S. 4926                             2

  S 3. The social services law is amended by adding a new section  461-t
to read as follows:
  S 461-T. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
DIRECT  CARE EMPLOYEES. EVERY ADULT CARE FACILITY SHALL CONDUCT A CRIMI-
NAL HISTORY RECORD CHECK OF PROSPECTIVE DIRECT CARE EMPLOYEES  UTILIZING
THE  PROCEDURES AND STANDARDS SET FORTH IN ARTICLE TWENTY-EIGHT-E OF THE
PUBLIC HEALTH LAW.
  S 4. This act shall take effect on January 1,  2014.  Effective  imme-
diately,  the department of health is authorized and directed to promul-
gate, amend and/or repeal, on an emergency basis, any  rules  and  regu-
lations necessary to implement the provisions of this act.

senate Bill S7402B

Relates to Eastchester fire district elections

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 Eastchester fire district elections; requires provisions of election law instead of town law be followed for fire district elections.

Bill Details

Versions:
S7402
S7402A
S7402B
Current Committee:
Law Section:
Elections
Laws Affected:
Amd Chap 345 of 2013

Sponsor Memo

BILL NUMBER:S7402B

TITLE OF BILL: An act to amend chapter 345 of the laws of 2013
relating to authorizing the Eastchester fire district, in the town of
Eastchester, county of Westchester, to change the date of its annual
election, in relation to following certain provisions of the election
law for Eastchester fire district elections

PURPOSE OR GENERAL IDEA OF BILL: To add the annual fire district
election for the town of Eastchester to the general election ballot.

SUMMARY OF SPECIFIC PROVISIONS: Section one amended chapter 345 of the
laws of 2013. Section 1 of chapter 345 is amended to have the
procedures of the Eastchester fire district election governed by the
election law and not the town law.

Section 3 of chapter 345 is amended to specify the number of
signatures required when petitioning. Section 4 of chapter 345 is
amended to detail how vacancies are filled. Section 5 of chapter 345
is created requiring the fire district to notice the offices to be
voted on. Section 6 of chapter 345 is the effective date of the
original law.

Section two provides for the effective date.

JUSTIFICATION: The Eastchester fire district commissioners are
responsible for the budget of the fire district. Under town law, the
fire district holds elections for its commissioners in December,
resulting in very low voter turnout. On average less than 5% of
registered voters cast a vote. Adding the fire district election to
the general election ballot will increase voter participation in the
process. Last year the law was amended to hold the election in
November at the same time as the general election. This act amends
that law to allow for implementation and for the fire district
election to share the same ballot as the general election.

PRIOR LEGISLATIVE HISTORY: Chapter 345 of 2013.

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: This act shall take effect January 1, 2015.

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

                                 7402--B

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend chapter 345 of the laws of 2013 relating to  authorizing
  the  Eastchester  fire district, in the town of Eastchester, county of
  Westchester, to change the date of its annual election, in relation to
  following certain provisions of the election law for Eastchester  fire
  district elections

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

  Section 1. Chapter 345 of the laws of 2013 relating to authorizing the
Eastchester fire district, in the town of Eastchester, county  of  West-
chester,  to  change the date of its annual election, is amended to read
as follows:
  Section 1.  [Notwithstanding  the  provision  of  subdivision  one  of
section  175  of  the  town  law generally requiring holding annual fire
district elections on the second Tuesday in December, and  notwithstand-
ing  the  provision  of  subdivision  6  of  section 175 of the town law
related to the  number  of  electors  in  each  fire  district  election
district:    the  Eastchester fire district, in the town of Eastchester,
county of Westchester, whose boundaries only encompass the entire corpo-
rate limits of the town of Eastchester and each village within such town
and where the only eligible electors of  such  fire  district  are  also
eligible  electors  of  such  town  and  villages, shall hold its annual
election on the Tuesday next succeeding the  first  Monday  in  November
provided  that  (i) such fire district election is held at every polling
site as may be established by the Westchester county board of elections;
(ii) such fire district election districts are the same as the  election
districts  as  may  be  established  by  the Westchester county board of
elections, such that an elector shall not be required to visit more than
one polling site on such date; (iii) such  fire  district  polls  remain
open  for  the  same  hours as the polls administered by the Westchester

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15144-07-4

S. 7402--B                          2

county board of elections; (iv) both of the Westchester county board  of
elections  commissioners  approve  in  writing  of  such  fire  district
elections being held in the same locations as the elections held on  the
Tuesday  next  succeeding  the  first Monday in November administered by
such board of elections; and (v) the Eastchester fire  district  adheres
to the provisions of section 175 of the town law that are not inconsist-
ent with this act.] NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS 1, 2,
4, 5 AND 6 OF SECTION 175, SECTIONS 175-A, 175-B, AND SUBDIVISIONS 3, 6,
7, 8 AND 29 OF SECTION 176 OF THE TOWN LAW PERTAINING TO THE ANNUAL FIRE
DISTRICT  ELECTIONS,  THE ELECTIONS OF THE EASTCHESTER FIRE DISTRICT, IN
THE TOWN OF EASTCHESTER, COUNTY OF WESTCHESTER,  WHOSE  BOUNDARIES  ONLY
ENCOMPASS  THE  ENTIRE  CORPORATE  LIMITS OF THE TOWN OF EASTCHESTER AND
EACH VILLAGE WITHIN SUCH TOWN AND WHERE THE ONLY  ELIGIBLE  ELECTORS  OF
SUCH  FIRE  DISTRICT  ARE  ALSO ELIGIBLE ELECTORS OF SUCH TOWN, SHALL BE
GOVERNED BY THE RULES AND PROCEDURES OF ARTICLES 1, 3, 4, 5, 6, 7, 8,  9
AND  10  OF  THE  ELECTION  LAW AND SHALL TAKE PLACE ON THE TUESDAY NEXT
SUCCEEDING THE FIRST MONDAY IN NOVEMBER.
  S 2. Notwithstanding the provisions of section 179  of  the  town  law
authorizing fire districts to hold special elections to vote upon appro-
priations,  or  any  other law that would authorize the Eastchester fire
district to hold a special election, all elections  of  the  Eastchester
fire  district  shall  be  held on the Tuesday next succeeding the first
Monday in November in the manner provided for by this act.
  S 3. [Nothing in this act shall be construed to require the  Westches-
ter  county  board  of  elections to authorize, administer, or otherwise
oversee the Eastchester fire district elections, provided, however, that
such county board of elections shall be authorized to provide  technical
assistance  to  such  fire  district.]  NOTWITHSTANDING SUBDIVISION 2 OF
SECTION 6-142 OF THE ELECTION LAW WITH RESPECT TO  NOMINATING  PETITIONS
AND  SIGNATURES,  CANDIDATES FOR EASTCHESTER FIRE DISTRICT OFFICES SHALL
FILE WITH THE WESTCHESTER COUNTY BOARD OF ELECTIONS A  NOMINATING  PETI-
TION  SUBSCRIBED  BY  25  VOTERS OF THE EASTCHESTER FIRE DISTRICT IN THE
FORM SET FORTH BY SECTION 6-140 OF THE ELECTION LAW.
  S 4. A. ANY VACANCY IN AN ELECTIVE OFFICE WHICH EXISTS  ON  OR  BEFORE
SEPTEMBER  NINETEENTH  SHALL  BE  FILLED  AT  THE  NEXT NOVEMBER GENERAL
ELECTION HELD THEREAFTER, FOR THE REMAINDER OF THE  UNEXPIRED  TERM  AND
SHALL  TAKE  OFFICE ON JANUARY FIRST OF THE FOLLOWING YEAR. THE BOARD OF
FIRE COMMISSIONERS OF THE EASTCHESTER FIRE DISTRICT, OR  A  MAJORITY  OF
THE  MEMBERS  THEREOF IN OFFICE MAY APPOINT A QUALIFIED PERSON TO FILL A
VACANCY UNTIL DECEMBER THIRTY-FIRST AFTER AN ELECTION HAS BEEN  HELD  TO
FILL SAID VACANCY.
  B.  WHENEVER  A  VACANCY  SHALL  OCCUR  IN  AN APPOINTED FIRE DISTRICT
OFFICE, THE EASTCHESTER BOARD OF FIRE COMMISSIONERS, OR  A  MAJORITY  OF
THE MEMBERS THEREOF IN OFFICE MAY APPOINT A QUALIFIED PERSON TO FILL THE
VACANCY FOR THE REMAINDER OF THE UNEXPIRED TERM.
  S  5. THE EASTCHESTER FIRE DISTRICT, AT LEAST EIGHT MONTHS BEFORE EACH
GENERAL ELECTION, SHALL MAKE AND TRANSMIT TO THE BOARD  OF  ELECTIONS  A
CERTIFICATE  STATING  EACH  EASTCHESTER FIRE DISTRICT OFFICE TO BE VOTED
FOR AT EACH SUCH ELECTION. IF ANY SUCH OFFICE IS FOR AN UNEXPIRED  TERM,
THE CERTIFICATE SHALL SO STATE.
  S 6. This act shall take effect immediately.
  S 2. This act shall take effect January 1, 2015.

senate Bill S7402A

Amended

Relates to Eastchester fire district elections

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 Eastchester fire district elections; requires provisions of election law instead of town law be followed for fire district elections.

Bill Details

See Assembly Version of this Bill:
A9819
Versions:
S7402
S7402A
S7402B
Current Committee:
Law Section:
Elections
Laws Affected:
Amd Chap 345 of 2013

Sponsor Memo

BILL NUMBER:S7402A

TITLE OF BILL: An act to amend chapter 345 of the laws of 2013
relating to authorizing the Eastchester fire district, in the town of
Eastchester, county of Westchester, to change the date of its annual
election, in relation to following certain provisions of the election
law for Eastchester fire district elections

PURPOSE OR GENERAL IDEA OF BILL:

To add the annual fire district election for the town of Eastchester
to the general election ballot.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amended chapter 345 of the laws of 2013. Section 1 of
chapter 345 is amended to have the procedures of the Eastchester fire
district election governed by the election law and not the town law.
Section 3 of chapter 345 is amended to specify the number of
signatures required when petitioning. Section 4 of chapter 345 is
amended to detail how vacancies are filled. Section 5 of chapter 345
is created requiring the fire district to notice the offices to be
voted on. Section 6 of chapter 345 is the effective date of the
original law.

Section two provides for the effective date.

JUSTIFICATION:

The Eastchester fire district commissioners are responsible for the
budget of the fire district. Under town law, the fire district holds
elections for its commissioners in December, resulting in very low
voter turnout. On average less than 5% of registered voters cast a
vote. Adding the fire district election to the general election ballot
will increase voter participation in the process. Last year the law
was amended to hold the election in November at the same time as the
general election. This act amends that law to allow for implementation
and for the fire district election to share the same ballot as the
general election.

PRIOR LEGISLATIVE HISTORY:

Chapter 345 of 2013.

FISCAL IMPLICATION:

None to the state.

EFFECTIVE DATE:

This act shall take effect January 1, 2015.

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

                                 7402--A

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend chapter 345 of the laws of 2013 relating to authorizing
  the Eastchester fire district, in the town of Eastchester,  county  of
  Westchester, to change the date of its annual election, in relation to
  following  certain provisions of the election law for Eastchester fire
  district elections

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

  Section 1. Chapter 345 of the laws of 2013 relating to authorizing the
Eastchester  fire  district, in the town of Eastchester, county of West-
chester, to change the date of its annual election, is amended  to  read
as follows:
  Section  1.  [Notwithstanding  the  provision  of  subdivision  one of
section 175 of the town law  generally  requiring  holding  annual  fire
district  elections on the second Tuesday in December, and notwithstand-
ing the provision of subdivision 6  of  section  175  of  the  town  law
related  to  the  number  of  electors  in  each  fire district election
district:  the Eastchester fire district, in the  town  of  Eastchester,
county of Westchester, whose boundaries only encompass the entire corpo-
rate limits of the town of Eastchester and each village within such town
and  where  the  only  eligible  electors of such fire district are also
eligible electors of such town  and  villages,  shall  hold  its  annual
election  on  the  Tuesday  next succeeding the first Monday in November
provided that (i) such fire district election is held at  every  polling
site as may be established by the Westchester county board of elections;
(ii)  such fire district election districts are the same as the election
districts as may be established  by  the  Westchester  county  board  of
elections, such that an elector shall not be required to visit more than
one  polling  site  on  such date; (iii) such fire district polls remain
open for the same hours as the polls  administered  by  the  Westchester
county  board of elections; (iv) both of the Westchester county board of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15144-05-4

S. 7402--A                          2

elections  commissioners  approve  in  writing  of  such  fire  district
elections  being held in the same locations as the elections held on the
Tuesday next succeeding the first Monday  in  November  administered  by
such  board  of elections; and (v) the Eastchester fire district adheres
to the provisions of section 175 of the town law that are not inconsist-
ent with this act.] NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS 1, 2,
4, 5 AND 6 OF SECTION 175, SECTIONS 175-A, 175-B, AND SUBDIVISIONS 3, 6,
7, 8 AND 29 OF SECTION 176 OF THE TOWN LAW PERTAINING TO THE ANNUAL FIRE
DISTRICT ELECTIONS, THE ELECTIONS OF THE EASTCHESTER FIRE  DISTRICT,  IN
THE  TOWN  OF  EASTCHESTER, COUNTY OF WESTCHESTER, WHOSE BOUNDARIES ONLY
ENCOMPASS THE ENTIRE CORPORATE LIMITS OF THE  TOWN  OF  EASTCHESTER  AND
EACH  VILLAGE  WITHIN  SUCH TOWN AND WHERE THE ONLY ELIGIBLE ELECTORS OF
SUCH FIRE DISTRICT ARE ALSO ELIGIBLE ELECTORS OF SUCH TOWN AND VILLAGES,
SHALL BE GOVERNED BY THE RULES AND PROCEDURES OF ARTICLES 1, 3, 4, 5, 6,
7, 8, 9 AND 10 OF THE ELECTION LAW AND SHALL TAKE PLACE ON  THE  TUESDAY
NEXT SUCCEEDING THE FIRST MONDAY IN NOVEMBER.
  S  2.  Notwithstanding  the  provisions of section 179 of the town law
authorizing fire districts to hold special elections to vote upon appro-
priations, or any other law that would authorize  the  Eastchester  fire
district  to  hold  a special election, all elections of the Eastchester
fire district shall be held on the Tuesday  next  succeeding  the  first
Monday in November in the manner provided for by this act.
  S  3. [Nothing in this act shall be construed to require the Westches-
ter county board of elections to  authorize,  administer,  or  otherwise
oversee the Eastchester fire district elections, provided, however, that
such  county board of elections shall be authorized to provide technical
assistance to such fire  district.]  NOTWITHSTANDING  SUBDIVISION  2  OF
SECTION  6-142  OF THE ELECTION LAW WITH RESPECT TO NOMINATING PETITIONS
AND SIGNATURES, CANDIDATES FOR EASTCHESTER FIRE DISTRICT  OFFICES  SHALL
FILE  WITH  THE WESTCHESTER COUNTY BOARD OF ELECTIONS A NOMINATING PETI-
TION SUBSCRIBED BY 25 VOTERS OF THE EASTCHESTER  FIRE  DISTRICT  IN  THE
FORM SET FORTH BY SECTION 6-140 OF THE ELECTION LAW.
  S  4.  A.  ANY VACANCY IN AN ELECTIVE OFFICE WHICH EXISTS ON OR BEFORE
SEPTEMBER NINETEENTH SHALL  BE  FILLED  AT  THE  NEXT  NOVEMBER  GENERAL
ELECTION  HELD  THEREAFTER,  FOR THE REMAINDER OF THE UNEXPIRED TERM AND
SHALL TAKE OFFICE ON JANUARY FIRST OF THE FOLLOWING YEAR. THE  BOARD  OF
FIRE  COMMISSIONERS  OF  THE EASTCHESTER FIRE DISTRICT, OR A MAJORITY OF
THE MEMBERS THEREOF IN OFFICE MAY APPOINT A QUALIFIED PERSON TO  FILL  A
VACANCY  UNTIL  DECEMBER THIRTY-FIRST AFTER AN ELECTION HAS BEEN HELD TO
FILL SAID VACANCY.
  B. WHENEVER A VACANCY  SHALL  OCCUR  IN  AN  APPOINTED  FIRE  DISTRICT
OFFICE,  THE  EASTCHESTER  BOARD OF FIRE COMMISSIONERS, OR A MAJORITY OF
THE MEMBERS THEREOF IN OFFICE MAY APPOINT A QUALIFIED PERSON TO FILL THE
VACANCY FOR THE REMAINDER OF THE UNEXPIRED TERM.
  S 5. THE EASTCHESTER FIRE DISTRICT, AT LEAST EIGHT MONTHS BEFORE  EACH
GENERAL  ELECTION,  SHALL  MAKE AND TRANSMIT TO THE BOARD OF ELECTIONS A
CERTIFICATE STATING EACH EASTCHESTER FIRE DISTRICT OFFICE  TO  BE  VOTED
FOR  AT EACH SUCH ELECTION. IF ANY SUCH OFFICE IS FOR AN UNEXPIRED TERM,
THE CERTIFICATE SHALL SO STATE.
  S 6. This act shall take effect immediately.
  S 2. This act shall take effect January 1, 2015.

senate Bill S7402

Amended

Relates to Eastchester fire district elections

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Bill Status


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

Relates to Eastchester fire district elections; requires provisions of election law instead of town law be followed for fire district elections.

Bill Details

Versions:
S7402
S7402A
S7402B
Current Committee:
Law Section:
Elections
Laws Affected:
Amd §§1 - 3, Chap 345 of 2013

Sponsor Memo

BILL NUMBER:S7402

TITLE OF BILL: An act to amend chapter 345 of the laws of 2013 relating
to authorizing the Eastchester fire district, in the town of Eastches-
ter, county of Westchester, to change the date of its annual election,
in relation to following certain provisions of the election law for
Eastchester fire district elections

PURPOSE OR GENERAL IDEA OF BILL:

To incorporate the annual fire district election for the town of East-
chester on the general election ballot.

SUMMARY OF SPECIFIC PROVISIONS:

Section one provides that the town of Eastchester shall hold its annual
fire district in accordance with the election laws of the State of New
York.

Section two provides that the required number of signatures for ballot
access in a fire district election shall.

Section three provides eligibility requirements for office.

Section four provides for the effective date.

JUSTIFICATION:

The Eastchester fire district commissioners are responsible for the
budget of the fire district. The fire district holds elections of its
commissioner in December, resulting in very low voter turnout. On aver-
age less than 5% of registered voters cast a vote. Adding fire district
election to the general election day ballot will increase voter partic-
ipation in the process.

PRIOR LEGISLATIVE HISTORY:

Chapter 345 of 2013.

FISCAL IMPLICATION:

None to the state.

EFFECTIVE DATE:

This act shall take effect January 1, 2015.

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

                                  7402

                            I N  S E N A T E

                              May 14, 2014
                               ___________

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

AN ACT to amend chapter 345 of the laws of 2013 relating to  authorizing
  the  Eastchester  fire district, in the town of Eastchester, county of
  Westchester, to change the date of its annual election, in relation to
  following certain provisions of the election law for Eastchester  fire
  district elections

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

  Section 1. Section 1 of chapter 345 of the laws of  2013  relating  to
authorizing  the  Eastchester fire district, in the town of Eastchester,
county of Westchester, to change the date of  its  annual  election,  is
amended to read as follows:
  Section  1.  [Notwithstanding  the  provision  of  subdivision  one of
section 175 of the town law  generally  requiring  holding  annual  fire
district  elections on the second Tuesday in December, and notwithstand-
ing the provision of subdivision 6  of  section  175  of  the  town  law
related  to  the  number  of  electors  in  each  fire district election
district:  the Eastchester fire district, in the  town  of  Eastchester,
county of Westchester, whose boundaries only encompass the entire corpo-
rate limits of the town of Eastchester and each village within such town
and  where  the  only  eligible  electors of such fire district are also
eligible electors of such town  and  villages,  shall  hold  its  annual
election  on  the  Tuesday  next succeeding the first Monday in November
provided that (i) such fire district election is held at  every  polling
site as may be established by the Westchester county board of elections;
(ii)  such fire district election districts are the same as the election
districts as may be established  by  the  Westchester  county  board  of
elections, such that an elector shall not be required to visit more than
one  polling  site  on  such date; (iii) such fire district polls remain
open for the same hours as the polls  administered  by  the  Westchester
county  board of elections; (iv) both of the Westchester county board of
elections  commissioners  approve  in  writing  of  such  fire  district
elections  being held in the same locations as the elections held on the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15144-01-4

S. 7402                             2

Tuesday next succeeding the first Monday  in  November  administered  by
such  board  of elections; and (v) the Eastchester fire district adheres
to the provisions of section 175 of the town law that are not inconsist-
ent  with  this  act.]  NOTWITHSTANDING  THE PROVISIONS OF SECTIONS 175,
175-A, 175-B, 175-C AND 176 OF THE TOWN LAW  PERTAINING  TO  THE  ANNUAL
FIRE DISTRICT ELECTIONS, THE ELECTIONS OF THE EASTCHESTER FIRE DISTRICT,
IN THE TOWN OF EASTCHESTER, COUNTY OF WESTCHESTER, WHOSE BOUNDARIES ONLY
ENCOMPASS  THE  ENTIRE  CORPORATE  LIMITS OF THE TOWN OF EASTCHESTER AND
EACH VILLAGE WITHIN SUCH TOWN AND WHERE THE ONLY  ELIGIBLE  ELECTORS  OF
SUCH FIRE DISTRICT ARE ALSO ELIGIBLE ELECTORS OF SUCH TOWN AND VILLAGES,
SHALL BE GOVERNED BY THE RULES AND PROCEDURES OF ARTICLES 1, 3, 4, 5, 6,
7, 8, 9 AND 10 OF THE ELECTION LAW.
  S  2. Section 2 of chapter 345 of the laws of 2013 relating to author-
izing the Eastchester fire district, in the town of Eastchester,  county
of Westchester, to change the date of its annual election, is amended to
read as follows:
  S  2.  [Notwithstanding  the provisions of section 179 of the town law
authorizing fire districts to hold special elections to vote upon appro-
priations, or any other law that would authorize  the  Eastchester  fire
district  to  hold  a special election, all elections of the Eastchester
fire district shall be held on the Tuesday  next  succeeding  the  first
Monday  in  November  in  the manner provided for by this act.] NOTWITH-
STANDING SUBDIVISION 2 OF SECTION 6-142 OF THE ELECTION LAW WITH RESPECT
TO NOMINATING PETITIONS AND SIGNATURES, CANDIDATES FOR EASTCHESTER  FIRE
DISTRICT  OFFICES  SHALL  FILE  WITH  THE  WESTCHESTER  COUNTY  BOARD OF
ELECTIONS A NOMINATING PETITION SUBSCRIBED BY 25 VOTERS OF THE EASTCHES-
TER FIRE DISTRICT IN THE FORM SET FORTH BY SECTION 6-140 OF THE ELECTION
LAW.
  S 3. Section 3 of chapter 345 of the laws of 2013 relating to  author-
izing  the Eastchester fire district, in the town of Eastchester, county
of Westchester, to change the date of its annual election, is amended to
read as follows:
  S 3. [Nothing in this act shall be construed to require the  Westches-
ter  county  board  of  elections to authorize, administer, or otherwise
oversee the Eastchester fire district elections, provided, however, that
such county board of elections shall be authorized to provide  technical
assistance  to  such  fire  district.]  EVERY  EASTCHESTER FIRE DISTRICT
COMMISSIONER, TREASURER AND SECRETARY MUST AT THE TIME  OF  HIS  OR  HER
ELECTION  OR  APPOINTMENT  AND THROUGHOUT HIS OR HER TERM OF OFFICE BE A
RESIDENT OF SUCH FIRE DISTRICT. MEMBERSHIP IN A VOLUNTEER  FIRE  COMPANY
SHALL  NOT  DISQUALIFY  ANY  SUCH FIRE DISTRICT OFFICER OR CANDIDATE FOR
SUCH OFFICE. A PERSON WHO HAS BEEN CONVICTED  OF  ARSON  IN  ANY  DEGREE
SHALL  NOT BE ELIGIBLE FOR ELECTION OR APPOINTMENT TO THE OFFICE OF FIRE
DISTRICT COMMISSIONER, TREASURER OR SECRETARY.
  S 4. This act shall take effect January 1, 2015.

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