assembly Bill A6893

Enacts the "bridge and road investment and dedicated fund guaranteed enforcement (BRIDGE) reform act"

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Bill Status


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

actions

Summary

Enacts the "bridge and road investment and dedicated fund guaranteed enforcement (BRIDGE) reform act".

Bill Details

See Senate Version of this Bill:
S1917A
Versions:
A6893
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Amd §89-b, St Fin L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6893

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2013
                               ___________

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

AN  ACT  to amend the state finance law, in relation to establishing the
  bridge and road investment and dedicated fund  guaranteed  enforcement
  "BRIDGE" reform act

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the  "bridge  and road investment and dedicated fund guaranteed enforce-
ment (BRIDGE) reform act".
  S 2. Paragraph a of subdivision 5 of section 89-b of the state finance
law, as amended by section 60 of part HH of chapter 57 of  the  laws  of
2013, is amended to read as follows:
  a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
following appropriation by the legislature, be  utilized  for:    recon-
struction,  replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village  roads,  highways,
parkways,  and  bridges  thereon,  to  restore  such facilities to their
intended  functions;  construction,  reconstruction,   enhancement   and
improvement  of  state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for  traffic  mitigation  activities;  aviation
projects authorized pursuant to section fourteen-j of the transportation
law  and  for payments to the general debt service fund of amounts equal
to amounts required for service contract payments  related  to  aviation
projects  as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged  in  transportation  construction  and  recon-
struction  projects,  including  a  revolving  fund  for working capital
loans, and a bonding guarantee assistance  program  in  accordance  with
provisions of this chapter; matching federal grants or apportionments to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10399-01-3

A. 6893                             2

the state for highway, parkway and bridge capital projects; the acquisi-
tion  of  real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities  necessary  to  ensure that highways, parkways and bridges meet or
exceed their optimum useful life; [expenses of control of snow  and  ice
on  state highways by the department of transportation including but not
limited to personal services, nonpersonal services and fringe  benefits,
payment  of  emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses  of  control
of  snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and  for  expenses  of  arterial  maintenance
agreements  with  cities pursuant to section three hundred forty-nine of
the highway law;] personal services and  fringe  benefit  costs  of  the
department  of  transportation  for  bus  safety  inspection activities;
[costs of the department of motor vehicles, including but not limited to
personal and nonpersonal services;] costs of engineering and administra-
tive services of the department of  transportation,  including  but  not
limited  to  fringe  benefits; the contract services provided by private
firms in accordance with section fourteen  of  the  transportation  law;
personal services and nonpersonal services, for activities including but
not  limited  to  the  preparation of designs, plans, specifications and
estimates; construction management and supervision activities; costs  of
appraisals,  surveys,  testing  and  environmental impact statements for
transportation projects; expenses in connection with  buildings,  equip-
ment,  materials  and  facilities  used or useful in connection with the
maintenance, operation, and repair of  highways,  parkways  and  bridges
thereon;  and  project costs for: construction, reconstruction, improve-
ment, reconditioning and preservation of  rail  freight  facilities  and
intercity  rail passenger facilities and equipment; construction, recon-
struction, improvement, reconditioning and preservation of state, munic-
ipal and privately owned ports; construction,  reconstruction,  improve-
ment,  reconditioning  and preservation of municipal airports; privately
owned airports and aviation capital facilities, excluding airports oper-
ated by the state or operated by a bi-state municipal corporate  instru-
mentality  for  which  federal  funding  is  not  available provided the
project  is  consistent  with  an  approved  airport  layout  plan;  and
construction,  reconstruction,  enhancement,  improvement,  replacement,
reconditioning, restoration, rehabilitation and preservation  of  state,
county,  town,  city  and village roads, highways, parkways and bridges;
and construction, reconstruction, improvement, reconditioning and  pres-
ervation  of  fixed  ferry  facilities  of municipal and privately owned
ferry lines for transportation purposes, and the payment of debt service
required on any bonds, notes or other obligations and  related  expenses
for highway, parkway, bridge and project costs for: construction, recon-
struction,  improvement, reconditioning and preservation of rail freight
facilities  and  intercity  rail  passenger  facilities  and  equipment;
construction,  reconstruction, improvement, reconditioning and preserva-
tion of state, municipal and privately owned ports; construction, recon-
struction, improvement, reconditioning  and  preservation  of  municipal
airports;  privately  owned  airports  and  aviation capital facilities,
excluding airports operated by the  state  or  operated  by  a  bi-state
municipal  corporate  instrumentality  for  which federal funding is not
available provided the project is consistent with  an  approved  airport
layout  plan;  construction,  reconstruction,  enhancement, improvement,
replacement, reconditioning, restoration, rehabilitation  and  preserva-
tion  of state, county, town, city and village roads, highways, parkways

A. 6893                             3

and bridges; and construction, reconstruction, improvement, recondition-
ing and preservation of fixed ferry facilities of municipal and private-
ly owned ferry lines for transportation purposes, purposes authorized on
or  after  the  effective date of this section. Beginning with disburse-
ments made on and after the first day of April, nineteen  hundred  nine-
ty-three,  moneys  in  such fund shall be available to pay such costs or
expenses made pursuant to appropriations or reappropriations made during
the state fiscal year which  began  on  the  first  of  April,  nineteen
hundred  ninety-two.  Beginning the first day of April, nineteen hundred
ninety-three, moneys in such fund shall also be used  for  transfers  to
the  general  debt service fund and the revenue bond tax fund of amounts
equal to that respectively required for service contract  and  financing
agreement  payments  as provided and authorized by section three hundred
eighty of the public authorities law, section eleven  of  chapter  three
hundred  twenty-nine  of  the  laws  of  nineteen hundred ninety-one, as
amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
  S 3. Paragraph a of subdivision 5 of section 89-b of the state finance
law, as amended by section 60-a of part HH of chapter 57 of the laws  of
2013, is amended to read as follows:
  a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
following appropriation by the legislature, be  utilized  for:    recon-
struction,  replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village  roads,  highways,
parkways,  and  bridges  thereon,  to  restore  such facilities to their
intended  functions;  construction,  reconstruction,   enhancement   and
improvement  of  state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for  traffic  mitigation  activities;  aviation
projects authorized pursuant to section fourteen-j of the transportation
law  and  for payments to the general debt service fund of amounts equal
to amounts required for service contract payments  related  to  aviation
projects  as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged  in  transportation  construction  and  recon-
struction  projects,  including  a  revolving  fund  for working capital
loans, and a bonding guarantee assistance  program  in  accordance  with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion  of  real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and  bridges  meet  or
exceed  their  optimum useful life; [expenses of control of snow and ice
on state highways by the department of transportation including but  not
limited  to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice  in  municipalities
pursuant  to  section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to  section
twelve  of  the  highway  law,  and for expenses of arterial maintenance
agreements with cities pursuant to section three hundred  forty-nine  of
the  highway  law;]  personal  services  and fringe benefit costs of the
department of transportation for bus safety inspection activities; costs
of engineering and administrative services of the department  of  trans-
portation,  including  but  not limited to fringe benefits; the contract
services provided by private firms in accordance with  section  fourteen
of  the  transportation law; personal services and nonpersonal services,
for activities including but not limited to the preparation of  designs,

A. 6893                             4

plans,  specifications and estimates; construction management and super-
vision activities; costs of appraisals, surveys,  testing  and  environ-
mental  impact  statements  for  transportation  projects;  expenses  in
connection  with  buildings, equipment, materials and facilities used or
useful in connection with the  maintenance,  operation,  and  repair  of
highways,   parkways   and  bridges  thereon;  and  project  costs  for:
construction, reconstruction, improvement, reconditioning and  preserva-
tion  of rail freight facilities and intercity rail passenger facilities
and equipment; construction, reconstruction, improvement, reconditioning
and  preservation  of  state,  municipal  and  privately  owned   ports;
construction,  reconstruction, improvement, reconditioning and preserva-
tion of municipal airports; privately owned airports and aviation  capi-
tal  facilities, excluding airports operated by the state or operated by
a bi-state municipal corporate instrumentality for which federal funding
is not available provided the project is  consistent  with  an  approved
airport  layout  plan;  and  construction,  reconstruction, enhancement,
improvement, replacement,  reconditioning,  restoration,  rehabilitation
and  preservation  of state, county, town, city and village roads, high-
ways, parkways and bridges; and construction,  reconstruction,  improve-
ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
municipal and privately owned ferry lines for  transportation  purposes,
and  the  payment  of debt service required on any bonds, notes or other
obligations and  related  expenses  for  highway,  parkway,  bridge  and
project  costs  for: construction, reconstruction, improvement, recondi-
tioning and preservation of rail freight facilities and  intercity  rail
passenger   facilities   and  equipment;  construction,  reconstruction,
improvement, reconditioning and preservation  of  state,  municipal  and
privately owned ports; construction, reconstruction, improvement, recon-
ditioning  and  preservation  of  municipal  airports;  privately  owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate  instrumentality
for  which  federal  funding  is  not  available provided the project is
consistent with an approved airport layout  plan;  construction,  recon-
struction, enhancement, improvement, replacement, reconditioning, resto-
ration, rehabilitation and preservation of state, county, town, city and
village  roads, highways, parkways and bridges; and construction, recon-
struction, improvement, reconditioning and preservation of  fixed  ferry
facilities  of municipal and privately owned ferry lines for transporta-
tion purposes, purposes authorized on or after  the  effective  date  of
this  section.  Beginning with disbursements made on and after the first
day of April, nineteen hundred ninety-three, moneys in such  fund  shall
be  available  to  pay such costs or expenses made pursuant to appropri-
ations or reappropriations made during the state fiscal year which began
on the first of April, nineteen hundred ninety-two. Beginning the  first
day  of  April, nineteen hundred ninety-three, moneys in such fund shall
also be used for transfers to the general  debt  service  fund  and  the
revenue bond tax fund of amounts equal to that respectively required for
service  contract  and  financing  agreement  payments  as  provided and
authorized by section three hundred eighty  of  the  public  authorities
law,  section eleven of chapter three hundred twenty-nine of the laws of
nineteen hundred ninety-one, as amended, and sections sixty-eight-c  and
sixty-nine-o of this chapter.
  S 4. Subdivision 5 of section 89-b of the state finance law is amended
by adding two new paragraphs d and e to read as follows:
  D.  MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
BY  THE  LEGISLATURE  FOR  EXPENSES  OF CONTROL OF SNOW AND ICE ON STATE

A. 6893                             5

HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING BUT  NOT  LIMITED
TO  PERSONAL SERVICES, NONPERSONAL SERVICES AND FRINGE BENEFITS, PAYMENT
OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNICIPALITIES  PURSUANT
TO  SECTION  FIFTY-FIVE  OF THE HIGHWAY LAW, EXPENSES OF CONTROL OF SNOW
AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT TO  SECTION  TWELVE
OF  THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAINTENANCE AGREEMENTS
WITH CITIES PURSUANT TO SECTION THREE HUNDRED FORTY-NINE OF THE  HIGHWAY
LAW SHALL NOT EXCEED:
  (I)  $252  MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN;
  (II) $189 MILLION FOR FISCAL YEAR TWO THOUSAND  FIFTEEN--TWO  THOUSAND
SIXTEEN;
  (III)  $126 MILLION FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN; AND
  (IV) $63 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO  THOUSAND
EIGHTEEN.
  (V)  FOR  FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AND
FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR EXPENSES OF CONTROL OF  SNOW
AND  ICE ON STATE HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING
BUT NOT LIMITED TO PERSONAL SERVICES, NONPERSONAL  SERVICES  AND  FRINGE
BENEFITS,  PAYMENT OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNI-
CIPALITIES PURSUANT TO SECTION FIFTY-FIVE OF THE HIGHWAY  LAW,  EXPENSES
OF  CONTROL OF SNOW AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT
TO SECTION TWELVE OF THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAIN-
TENANCE AGREEMENTS WITH CITIES PURSUANT TO SECTION THREE HUNDRED  FORTY-
NINE OF THE HIGHWAY LAW.
  E.  MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
BY THE LEGISLATURE FOR  COSTS  OF  THE  DEPARTMENT  OF  MOTOR  VEHICLES,
INCLUDING BUT NOT LIMITED TO PERSONAL AND NONPERSONAL SERVICES SHALL NOT
EXCEED:
  (I)  $156  MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN;
  (II) $117 MILLION FOR FISCAL YEAR TWO THOUSAND  FIFTEEN--TWO  THOUSAND
SIXTEEN;
  (III)  $78  MILLION FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN; AND
  (IV) $39 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO  THOUSAND
EIGHTEEN.
  (V)  FOR  FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AND
FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR COSTS OF THE  DEPARTMENT  OF
MOTOR  VEHICLES,  INCLUDING  BUT NOT LIMITED TO PERSONAL AND NONPERSONAL
SERVICES.
  S 5. This act shall take effect immediately, provided that the  amend-
ments  to  paragraph  a  of  subdivision  5 of section 89-b of the state
finance law made by section two of this act  shall  be  subject  to  the
expiration and reversion of such paragraph pursuant to section 2 of part
B of chapter 84 of the laws of 2002, as amended, when upon such date the
provisions of section three of this act shall take effect.

assembly Bill A6928

Designates a portion of the state highway system in the village of Bellerose, county of Nassau as the "Police Officer Arthur Lopez Memorial Bridge"

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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

Designates a portion of the state highway system in the village of Bellerose, county of Nassau as the "Police Officer Arthur Lopez Memorial Bridge".

Bill Details

See Senate Version of this Bill:
S4682
Versions:
A6928
Current Committee:
Law Section:
Highway Law
Laws Affected:
Add §343-xx, Hway L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6928

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 25, 2013
                               ___________

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

AN ACT to amend the highway law, in relation to designating a portion of
  the state highway system  in  the  village  of  Bellerose,  county  of
  Nassau, as the "Police Officer Arthur Lopez Memorial Bridge"

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

  Section 1. The highway law is amended by adding a new  section  343-xx
to read as follows:
  S  343-XX. PORTION OF THE STATE HIGHWAY SYSTEM TO BE DESIGNATED AS THE
"POLICE OFFICER ARTHUR LOPEZ MEMORIAL BRIDGE". THE BRIDGE ON THE JERICHO
TURNPIKE WHICH CROSSES THE CROSS ISLAND PARKWAY IN THE VILLAGE OF BELLE-
ROSE, COUNTY OF NASSAU, SHALL  BE  DESIGNATED  AS  THE  "POLICE  OFFICER
ARTHUR LOPEZ MEMORIAL BRIDGE".
  S  2. The commissioner of transportation shall provide for the instal-
lation and maintenance of adequate signage of the state  highway  system
as  designated  pursuant  to  section one of this act; provided that, to
avoid any confusion and to limit any possible  disruption  of  commerce,
the designations called for pursuant to section one of this act shall be
of  ceremonial  nature  and the official name of such highway and bridge
shall not be changed as a result of this act.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10282-01-3

assembly Bill A7021

Relates to unlawful discrimination based on familial status

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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 unlawful discrimination based on familial status.

Bill Details

Versions:
A7021
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7021

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2013
                               ___________

Introduced  by  M. of A. RUSSELL, ENGLEBRIGHT, WEINSTEIN, PAULIN, GLICK,
  GUNTHER, GALEF, TITUS, LIFTON,  ROSENTHAL,  JAFFEE,  MILLMAN,  MARKEY,
  SCHIMEL,  LUPARDO,  BRONSON -- Multi-Sponsored by -- M. of A. BARRETT,
  BENEDETTO, BRINDISI, BUCHWALD, FAHY, HENNESSEY, HEVESI,  KIM,  LAVINE,
  O'DONNELL,  ROSA,  ROZIC,  SIMOTAS,  SOLAGES,  TITONE -- read once and
  referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to prohibiting  discrimi-
  nation based on familial status

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

  Section 1. Subdivision 1 of section  296  of  the  executive  law,  as
amended  by chapter 803 of the laws of 1975, paragraph (a) as amended by
chapter 80 of the laws of 2009, paragraphs (b), (c) and (d)  as  amended
by  chapter  75 of the laws of 2005, paragraph (e) as amended by chapter
166 of the laws of 2000 and paragraph (g) as added by chapter 98 of  the
laws of 1984, is amended to read as follows:
  1. It shall be an unlawful discriminatory practice:
  (a)  For  an  employer or licensing agency, because of an individual's
age, race, creed, color, national origin, sexual  orientation,  military
status,  sex,  disability, predisposing genetic characteristics, marital
status, [or] domestic violence victim status,  OR  FAMILIAL  STATUS,  to
refuse  to hire or employ or to bar or to discharge from employment such
individual or to discriminate against such individual in compensation or
in terms, conditions or privileges of employment.
  (b) For an employment agency to discriminate  against  any  individual
because of age, race, creed, color, national origin, sexual orientation,
military  status, sex, disability, predisposing genetic characteristics,
[or] marital status, OR  FAMILIAL  STATUS,  in  receiving,  classifying,
disposing  or  otherwise acting upon applications for its services or in
referring an applicant or applicants to an employer or employers.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10566-01-3

A. 7021                             2

  (c) For a labor organization, because of the age, race, creed,  color,
national  origin,  sexual orientation, military status, sex, disability,
predisposing genetic characteristics, [or], marital status  OR  FAMILIAL
STATUS  of  any  individual,  to exclude or to expel from its membership
such individual or to discriminate in any way against any of its members
or against any employer or any individual employed by an employer.
  (d)  For  any  employer  or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make  any
inquiry  in  connection  with  prospective  employment,  which expresses
directly or indirectly, any limitation, specification or  discrimination
as  to  age,  race,  creed,  color, national origin, sexual orientation,
military status, sex, disability, predisposing genetic  characteristics,
[or]  marital status, OR FAMILIAL STATUS, or any intent to make any such
limitation, specification or discrimination, unless based  upon  a  bona
fide  occupational  qualification;  provided, however, that neither this
paragraph nor any provision of  this  chapter  or  other  law  shall  be
construed  to prohibit the department of civil service or the department
of personnel of any city containing more than one county from requesting
information from applicants for civil  service  examinations  concerning
any  of  the  aforementioned  characteristics,  other than sexual orien-
tation, for the purpose of conducting studies to  identify  and  resolve
possible  problems  in  recruitment  and  testing of members of minority
groups to insure  the  fairest  possible  and  equal  opportunities  for
employment  in  the  civil  service  for all persons, regardless of age,
race,  creed,  color,  national  origin,  sexual  orientation,  military
status,  sex,  disability,  predisposing  genetic  characteristics, [or]
marital status OR FAMILIAL STATUS.
  (e) For any employer,  labor  organization  or  employment  agency  to
discharge, expel or otherwise discriminate against any person because he
or she has opposed any practices forbidden under this article or because
he or she has filed a complaint, testified or assisted in any proceeding
under this article.
  (f) Nothing in this subdivision shall affect any restrictions upon the
activities  of  persons  licensed  by  the  state  liquor authority with
respect to persons under twenty-one years of age.
  (g) For an employer to compel an employee who is pregnant  to  take  a
leave  of  absence,  unless  the employee is prevented by such pregnancy
from performing the activities involved in the job or  occupation  in  a
reasonable manner.
  S  2.  Subdivision 1-a of section 296 of the executive law, as amended
by chapter 803 of the laws of 1975,  paragraphs  (b),  (c)  and  (d)  as
amended  by  chapter  106  of  the  laws  of 2003, is amended to read as
follows:
  1-a. It shall be an unlawful discriminatory practice for an  employer,
labor  organization,  employment  agency  or  any joint labor-management
committee controlling apprentice training programs:
  (a) To select persons for an apprentice  training  program  registered
with the state of New York on any basis other than their qualifications,
as determined by objective criteria which permit review;
  (b)  To  deny  to  or withhold from any person because of race, creed,
color, national origin, sexual orientation, military status,  sex,  age,
disability,  [or]  marital  status,  OR FAMILIAL STATUS, the right to be
admitted to or participate in  a  guidance  program,  an  apprenticeship
training   program,  on-the-job  training  program,  executive  training
program, or other occupational training or retraining program;

A. 7021                             3

  (c) To discriminate against any person in his or her pursuit  of  such
programs  or  to discriminate against such a person in the terms, condi-
tions or privileges of such programs  because  of  race,  creed,  color,
national origin, sexual orientation, military status, sex, age, disabil-
ity [or], marital status OR FAMILIAL STATUS;
  (d)  To  print  or  circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of  applica-
tion  for  such  programs or to make any inquiry in connection with such
program which expresses, directly or indirectly, any  limitation,  spec-
ification  or  discrimination as to race, creed, color, national origin,
sexual orientation, military status, sex, age, disability [or],  marital
status,  OR  FAMILIAL  STATUS, or any intention to make any such limita-
tion, specification or discrimination, unless based on a bona fide occu-
pational qualification.
  S 3. Paragraph (a) of subdivision 9 of section 296  of  the  executive
law,  as  amended by chapter 106 of the laws of 2003, is amended to read
as follows:
  (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power  of appointment of volunteer firefighters, directly or indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement among its members, or otherwise, to  deny  to  any  individual
membership  in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire  depart-
ment  or  fire  company  therein,  because  of  the  race, creed, color,
national origin, sexual orientation, military status, sex [or],  marital
status, OR FAMILIAL STATUS, of such individual.
  S 4. Subdivision 13 of section 296 of the executive law, as amended by
chapter 196 of the laws of 2010, is amended to read as follows:
  13. It shall be an unlawful discriminatory practice (i) for any person
to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, sexual orientation, military status, sex,
[or] disability, OR FAMILIAL STATUS, of such person, or of such person's
partners, members, stockholders, directors, officers,  managers,  super-
intendents, agents, employees, business associates, suppliers or custom-
ers, or (ii) for any person wilfully to do any act or refrain from doing
any act which enables any such person to take such action. This subdivi-
sion shall not apply to:
  (a) Boycotts connected with labor disputes; or
  (b) Boycotts to protest unlawful discriminatory practices.
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law.

assembly Bill A7106

Amends certain definitions relating to tobacco products and changes the minimum pack sizes for tobacco products and the tax amount for tobacco products

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

Amends certain definitions relating to tobacco products and changes the minimum pack sizes for tobacco products and the tax amount for tobacco products.

Bill Details

See Senate Version of this Bill:
S4365
Versions:
A7106
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-aa & 1399-gg, Pub Health L; amd §§470 & 471-b, Tax L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7106

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

Introduced  by  M.  of A. GOTTFRIED, DINOWITZ, GALEF, PAULIN, ROSENTHAL,
  JAFFEE, MILLMAN, SEPULVEDA, TITUS -- Multi-Sponsored by --  M.  of  A.
  BOYLAND,  BROOK-KRASNY,  CLARK,  COOK,  JACOBS, McDONALD, ROSA -- read
  once and referred to the Committee on Health

AN ACT to amend the public health law and the tax law,  in  relation  to
  amending  certain  definitions  relating  to  tobacco products; and to
  amend the public health law and the tax law, in relation  to  changing
  the  minimum  pack  sizes  for tobacco products and the tax amount for
  tobacco products

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

  Section 1.  Subdivision 5 of section 1399-aa of the public health law,
as  amended  by  chapter  152  of the laws of 2004, is amended and a new
subdivision 14 is added to read as follows:
  5. "Tobacco products" means one or more cigarettes or  cigars,  bidis,
chewing  tobacco,  LOOSE TOBACCO, SINGLE-UNIT TOBACCO, powdered tobacco,
nicotine water or any other tobacco products AND ALSO INCLUDES ANY OTHER
PRODUCT CONTAINING TOBACCO OR NICOTINE THAT IS INTENDED OR  EXPECTED  TO
BE  CONSUMED  EXCEPT  FOR ANY SUCH PRODUCT THAT HAS BEEN APPROVED BY THE
U.S.  FOOD AND DRUG ADMINISTRATION FOR SALE AS A TOBACCO  USE  CESSATION
PRODUCT  OR  FOR  OTHER  MEDICAL PURPOSES AND IS BEING MARKETED AND SOLD
SOLELY FOR THAT APPROVED PURPOSE.
  14. "CIGARETTE" MEANS ANY ROLL FOR SMOKING MADE WHOLLY OR IN  PART  OF
TOBACCO  OR OF ANY OTHER SUBSTANCE, IRRESPECTIVE OF SIZE, SHAPE, APPEAR-
ANCE, PACKAGING, PRICING, MARKETING OR LABELING AND WHETHER OR NOT  SUCH
TOBACCO  OR  SUBSTANCE  IS FLAVORED, ADULTERATED OR MIXED WITH ANY OTHER
INGREDIENT, THE WRAPPER OR COVER OF WHICH IS MADE OF PAPER OR ANY  OTHER
SUBSTANCE  OR  MATERIAL  BUT  IS NOT MADE IN WHOLE OR IN PART OF TOBACCO
THAT IS LIKELY TO BE OFFERED TO, PURCHASED BY, OR CONSUMED BY  CONSUMERS
AS  A  CIGARETTE,  AS  DEFINED  ABOVE,  INCLUDING  ANY  ROLL FOR SMOKING
CONTAINING TOBACCO WRAPPED IN A SUBSTANCE CONTAINING TOBACCO THAT WEIGHS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08228-02-3

A. 7106                             2

NO MORE THAN FOUR AND A HALF POUNDS PER THOUSAND UNLESS IT IS WRAPPED IN
WHOLE TOBACCO LEAF AND DOES NOT HAVE AN INTERNAL FILTER.
  S 2. Subdivisions 1, 2 and 2-a of section 470 of the tax law, subdivi-
sion  1 as amended by section 14 and subdivision 2 as amended by section
15 of part D of chapter 134 of the laws of 2010 and subdivision  2-a  as
added by chapter 552 of the laws of 2008, are amended and two new subdi-
visions 2-c and 2-d are added to read as follows:
  1. "Cigarette." Any roll for smoking made wholly or in part of tobacco
or of any other substance, irrespective of size [or], shape, APPEARANCE,
PACKAGING, PRICING, MARKETING OR LABELING and whether or not such tobac-
co  or substance is flavored, adulterated or mixed with any other ingre-
dient, the wrapper or cover of which is  made  of  paper  or  any  other
substance  or  material  but  is not made in whole or in part of tobacco
THAT IS LIKELY TO BE OFFERED TO, PURCHASED BY, OR CONSUMED BY  CONSUMERS
AS  A  CIGARETTE,  AS  DEFINED  ABOVE,  INCLUDING  ANY  ROLL FOR SMOKING
CONTAINING TOBACCO WRAPPED IN A SUBSTANCE CONTAINING TOBACCO THAT WEIGHS
NO MORE THAN FOUR AND A HALF POUNDS PER THOUSAND UNLESS IT IS WRAPPED IN
WHOLE TOBACCO LEAF AND DOES NOT HAVE AN INTERNAL FILTER.
  2. "Tobacco products." Any cigar, including a little cigar, or  tobac-
co,  other  than cigarettes, [intended for consumption by smoking, chew-
ing, or as snuff] AND ALSO INCLUDES ANY OTHER PRODUCT CONTAINING TOBACCO
OR NICOTINE THAT IS INTENDED OR EXPECTED TO BE CONSUMED EXCEPT  FOR  ANY
SUCH  PRODUCT  THAT HAS BEEN APPROVED BY THE U.S. FOOD AND DRUG ADMINIS-
TRATION FOR SALE AS A TOBACCO USE CESSATION PRODUCT OR FOR OTHER MEDICAL
PURPOSES AND IS  BEING  MARKETED  AND  SOLD  SOLELY  FOR  THAT  APPROVED
PURPOSE.
  2-a.  "[Roll-your-own]  LOOSE  tobacco."  Any  tobacco  product  that,
because of its appearance, type, packaging or labeling, is suitable  for
use  and  likely to be offered to, or purchased by, consumers as tobacco
for making cigarettes.  LOOSE TOBACCO SHALL ALSO INCLUDE  PIPE  TOBACCO,
ROLL-YOUR-OWN TOBACCO AND ANY OTHER LOOSE TOBACCO USED FOR SMOKING.
  2-C.  "SINGLE-UNIT  TOBACCO  PRODUCTS." ANY TOBACCO PRODUCT, INCLUDING
FINELY CUT, GROUND OR POWDERED LOOSE TOBACCO OR BLEND CONTAINING TOBACCO
INTENDED FOR ORAL CONSUMPTION WITHOUT BEING COMBUSTED, OTHER THAN  CIGA-
RETTES  OR  CIGARS,  THAT  IS  OFFERED  IN  DISCRETE SINGLE-USE TABLETS,
LOZENGES, POUCHES, PILLS, OR OTHER SINGLE-DOSE OR SINGLE-USE  UNITS,  OR
IN PACKAGES OF SUCH SINGLE-USE UNITS.
  2-D.  "MOIST SNUFF."   FINELY CUT, GROUND OR POWDERED LOOSE TOBACCO OR
BLEND CONTAINING TOBACCO INTENDED FOR  ORAL  CONSUMPTION  WITHOUT  BEING
COMBUSTED THAT IS NOT A SINGLE-UNIT TOBACCO PRODUCT AS DEFINED IN SUBDI-
VISION TWO-C OF THIS SECTION.
  S  3.  Subdivision  2  of section 1399-gg of the public health law, as
added by chapter 513 of the laws of 2004, is amended to read as follows:
  2. No person engaged in the  business  of  manufacturing,  selling  or
otherwise  distributing  tobacco  products, herbal cigarettes, cigarette
wrapping papers, wrapping leaves or tubes, or any agent or  employee  of
such  person,  shall manufacture or cause to be manufactured for sale in
this state, or sell or distribute in this  state:  (a)  any  package  or
other  container  of cigarettes containing fewer than twenty cigarettes;
(b) any package of [roll-your-own] LOOSE tobacco  containing  less  than
[six-tenths]  SIXTY-FIVE HUNDREDTHS of an ounce of tobacco; [or] (c) ANY
PACKAGE OF CIGARS CONTAINING FEWER THAN FIVE CIGARS; (D) ANY PACKAGE  OF
SINGLE-UNIT  TOBACCO,  AS  DEFINED  IN SUBDIVISION TWO-C OF SECTION FOUR
HUNDRED SEVENTY OF THE TAX LAW, CONTAINING FEWER THAN TWENTY  PIECES  OF
SINGLE-USE UNITS; (E) ANY PACKAGE OF MOIST SNUFF CONTAINING LESS THAN AN
OUNCE  OF  TOBACCO;  OR  (F) any package or other container of cigarette

A. 7106                             3

wrapping papers, wrapping leaves or tubes, that are or are held  out  to
be  suitable  for  use  or  used as devices to wrap tobacco for smoking,
containing fewer than twenty sheets, leaves or tubes.
  S  4.  Subdivision  1  of  section 471-b of the tax law, as amended by
section 2 of part QQ-1 of chapter 57 of the laws of 2008, paragraphs (a)
and (b) as amended by section 18 and paragraph (c) as added  by  section
19  of  part D of chapter 134 of the laws of 2010, is amended to read as
follows:
  1. There is hereby imposed and shall be paid  a  tax  on  all  tobacco
products  possessed in this state by any person for sale, except that no
tax shall be imposed on tobacco products sold under  such  circumstances
that  this  state  is  without  power to impose such tax, or sold to the
United States, or sold to or by a voluntary unincorporated  organization
of  the armed forces of the United States operating a place for the sale
of goods pursuant to regulations promulgated by the  appropriate  execu-
tive  agency  of the United States, to the extent provided in such regu-
lations and policy statements of  such  an  agency  applicable  to  such
sales.
  (a)  Such tax on tobacco products [other than snuff and little cigars]
shall be at the rate of [seventy-five] NINETY-FIVE percent of the whole-
sale price OR THE MINIMUM RATES AS INDICATED IN PARAGRAPH (B), (C), (D),
(E) OR (F) OF THIS SUBDIVISION, WHICHEVER IS HIGHER, and is intended  to
be  imposed  only once upon the sale of any tobacco products [other than
snuff and little cigars].
  (b) Such MINIMUM tax on MOIST snuff shall be  at  the  rate  of  [two]
THREE  dollars  AND SIXTY-THREE CENTS per ounce and a proportionate rate
on any fractional parts of an ounce[, provided that cans or packages  of
snuff  with  a  net  weight of less than one ounce shall be taxed at the
equivalent rate of cans or packages weighing one ounce]. Such tax  shall
be  computed  based on the net weight as listed by the manufacturer, and
is intended to be imposed only once upon the sale of any MOIST snuff.
  (c) Such tax on little cigars shall be at the  same  rate  imposed  on
cigarettes  under  this  article and is intended to be imposed only once
upon the sale of any little cigars.
  (D) SUCH MINIMUM TAX ON SINGLE-UNIT TOBACCO PRODUCTS SHALL BE  AT  THE
SAME RATE IMPOSED ON CIGARETTES UNDER THIS ARTICLE AND IS INTENDED TO BE
IMPOSED ONLY ONCE UPON THE SALE OF ANY SINGLE-DOSE OR SINGLE-UNIT TOBAC-
CO PRODUCTS.
  (E)  SUCH  MINIMUM TAX ON ANY LOOSE TOBACCO MEANT FOR SMOKING SHALL BE
EQUAL TO THE AMOUNT OF THE TOTAL TAX ON  A  PACK  OF  TWENTY  CIGARETTES
UNDER THIS ARTICLE PER 0.65 OUNCES WITH A PROPORTIONATE TAX ON ANY OTHER
WEIGHTS,  BASED  ON  THE NET WEIGHT DETERMINED BY THE MANUFACTURER. SUCH
TAX IS INTENDED TO BE IMPOSED ONLY ONCE  UPON  THE  SALE  OF  ANY  LOOSE
TOBACCO.
  (F)  SUCH  MINIMUM  TAX  ON CIGARS, OTHER THAN LITTLE CIGARS, SHALL BE
EQUAL TO THE AMOUNT OF THE TOTAL TAX ON  A  PACK  OF  TWENTY  CIGARETTES
UNDER  THIS ARTICLE WITH A PROPORTIONATE TAX ON PACKAGES WITH FEWER THAN
FIVE CIGARS AND IS INTENDED TO BE IMPOSED ONLY ONCE UPON THE SALE OF ANY
CIGARS.
  It shall be presumed that all tobacco products within  the  state  are
subject  to  tax  until  the  contrary is established, and the burden of
proof that any tobacco products are not taxable hereunder shall be  upon
the person in possession thereof.
  S 5. This act shall take effect immediately.

assembly Bill A7593

Provides that certain entities may not require a person to provide a copy of his or her criminal history record under certain circumstances

download pdf

Sponsor

Bill Status


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

actions

Summary

Provides that certain entities may not require a person to provide a copy of his or her criminal history record under certain circumstances.

Bill Details

Versions:
A7593
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L; amd §313, Ed L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7593

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced by M. of A. ROZIC, GIBSON, MOSLEY, SCARBOROUGH -- Multi-Spon-
  sored  by  --  M.  of A.   COOK, ROSA -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the executive law and the education law, in relation  to
  prohibiting  mandatory  disclosure  of  a  criminal  history record in
  certain circumstances

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

  Section  1.  Subdivision  15  of  section 296 of the executive law, as
amended by chapter 534 of the laws  of  2008,  is  amended  to  read  as
follows:
  15.  It  shall  be an unlawful discriminatory practice for any person,
agency, bureau, corporation or association, including the state and  any
political  subdivision thereof, to deny any license or employment to any
individual by reason of his or her having been convicted of one or  more
criminal  offenses,  or  by reason of a finding of a lack of "good moral
character" which is based upon his or her having been convicted  of  one
or  more  criminal  offenses,  when  such  denial is in violation of the
provisions of article twenty-three-A of  the  correction  law.  Further,
there  shall  be  a  rebuttable  presumption  in favor of excluding from
evidence the prior incarceration or conviction of any person, in a  case
alleging  that the employer has been negligent in hiring or retaining an
applicant or employee, or supervising a hiring manager, if after  learn-
ing  about  an applicant or employee's past criminal conviction history,
such employer has evaluated the  factors  set  forth  in  section  seven
hundred  fifty-two  of  the  correction law, and made a reasonable, good
faith determination that such factors  militate  in  favor  of  hire  or
retention  of  that  applicant  or  employee. NO PERSON, AGENCY, BUREAU,
CORPORATION, ASSOCIATION, THE STATE OR ANY POLITICAL SUBDIVISION  THERE-
OF, SHALL REQUIRE AN INDIVIDUAL TO PROVIDE A COPY OF HIS OR HER CRIMINAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10751-01-3

A. 7593                             2

HISTORY  RECORD  THAT HE OR SHE OBTAINED PURSUANT TO THE RULES AND REGU-
LATIONS OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S  2.  Subdivision 3 of section 313 of the education law is amended by
adding a new paragraph (f) to read as follows:
  (F) NO EDUCATIONAL INSTITUTION SHALL REQUIRE AN INDIVIDUAL TO  PROVIDE
A  COPY  OF  HIS  OR HER CRIMINAL HISTORY RECORD THAT HE OR SHE OBTAINED
PURSUANT TO THE RULES  AND  REGULATIONS  OF  THE  DIVISION  OF  CRIMINAL
JUSTICE SERVICES.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

assembly Bill A7725

Provides that car charging stations are not deemed to be electric corporations for the purposes of the public service law

download pdf

Sponsor

Bill Status


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

actions

Summary

Provides that car charging stations are not deemed to be electric corporations for the purposes of the public service law.

Bill Details

See Senate Version of this Bill:
S5110
Versions:
A7725
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Amd §5, Pub Serv L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7725

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2013
                               ___________

Introduced  by M. of A. PAULIN, ABINANTI, BUCHWALD, CAHILL, GALEF, GOTT-
  FRIED, GUNTHER, MAGNARELLI, MAISEL, MOYA, ROBERTS, ROZIC, SCHIMMINGER,
  STIRPE, THIELE, ZEBROWSKI, CORWIN, MONTESANO, RAIA --  Multi-Sponsored
  by  --  M.  of  A.  CROUCH, GLICK, HEVESI, P. LOPEZ, LUPINACCI, MAGEE,
  McKEVITT, McLAUGHLIN,  MOSLEY,  ROBINSON,  ROSA,  SKARTADOS,  SOLAGES,
  SWEENEY, TITONE, WEISENBERG -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

AN  ACT  to  amend  the  public service law, in relation to electric car
  charging stations

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

  Section  1. Section 5 of the public service law is amended by adding a
new subdivision 7 to read as follows:
  7. A PERSON OR CORPORATION OWNING, LEASING  OR  OPERATING  A  FACILITY
THAT SUPPLIES ELECTRICITY TO THE PUBLIC FOR THE SOLE PURPOSE OF CHARGING
PLUG-IN ELECTRIC VEHICLES IS NOT SUBJECT TO THE PROVISIONS OF THIS CHAP-
TER  AS  AN ELECTRIC CORPORATION SOLELY BECAUSE OF SUCH OWNERSHIP, LEASE
OR OPERATION.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10896-01-3

assembly Bill A7731

Requires institutions of higher education to provide notice to students with education loans that refunds of overpayments of tuition or fees are loan moneys that must be repaid to the lender

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 institutions of higher education to provide notice to students with education loans that refunds of overpayments of tuition or fees are loan moneys that must be repaid to the lender.

Bill Details

Versions:
A7731
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §6438, Ed L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7731

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2013
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, PEOPLES-STOKES, JAFFEE, ROBERTS --
  Multi-Sponsored by -- M. of A. CLARK, COOK, GABRYSZAK, GALEF, HEASTIE,
  LUPARDO, MOSLEY, ROSA, RUSSELL, SEPULVEDA, TITONE, WEISENBERG --  read
  once and referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to requiring institutions
  of  higher education to provide conspicuous notice to students, having
  education loans, that refunds of overpayments of tuition or fees  have
  to be repaid to the lender

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

  Section 1. The education law is amended by adding a new  section  6438
to read as follows:
  S  6438. OVERPAYMENTS OF TUITION AND FEES. EVERY INSTITUTION OF HIGHER
EDUCATION WHICH RECEIVES OR CREDITS TO A STUDENT'S ACCOUNT ANY  OVERPAY-
MENT  OF  TUITION  AND/OR  FEES, SHALL, IF SUCH STUDENT'S TUITION AND/OR
FEES ARE PAID BY MEANS OF ANY  TYPE  OF  EDUCATION  LOAN,  CONSPICUOUSLY
PROVIDE  NOTICE  TO  STUDENTS,  EITHER  AT  THE TIME A STUDENT ACCEPTS A
FINANCIAL AID OFFER OR DIRECTLY ON THE REFUND CHECK  FOR  SUCH  OVERPAY-
MENT,  THAT  THE REFUND IS LOAN MONEY THAT WILL HAVE TO BE REPAID TO THE
EDUCATION LOAN LENDER.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10503-02-3

assembly Bill A7788

Exempts the costs associated with the construction of community college capital facilities from the real property tax levy limit for local governments

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

Exempts the costs associated with the construction of community college capital facilities from the real property tax levy limit for local governments.

Bill Details

See Senate Version of this Bill:
S5404
Versions:
A7788
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §3-c, Gen Muni L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7788

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2013
                               ___________

Introduced  by  M.  of A. GLICK, ROBERTS, RUSSELL, COOK, DUPREY, COLTON,
  PAULIN, LUPINACCI, McDONOUGH, MONTESANO, RAIA -- Multi-Sponsored by --
  M. of A. ABBATE, CROUCH, GABRYSZAK, JAFFEE, ROSA,  THIELE,  WEISENBERG
  -- read once and referred to the Committee on Local Governments

AN  ACT to amend the general municipal law, in relation to exempting the
  costs associated with the construction of  community  college  capital
  facilities from the real property tax levy limit for local governments

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

  Section 1. Subparagraph (iv) of paragraph  (g)  of  subdivision  2  of
section  3-c of the general municipal law, as added by section 1 of part
A of chapter 97 of the laws of 2011, is amended and a  new  subparagraph
(v) is added to read as follows:
  (iv)  in  years  in which the normal contribution rate of the New York
state teachers' retirement system, as defined by paragraph a of subdivi-
sion two of  section  five  hundred  seventeen  of  the  education  law,
increases  by  more than two percentage points from the previous year, a
tax levy necessary for expenditures for the coming fiscal year for local
government employer  contributions  to  the  New  York  state  teachers'
retirement system caused by growth in the normal contribution rate minus
two percentage points[.];
  (V)  A  TAX LEVY NECESSARY FOR EXPENDITURES FOR THE COMING FISCAL YEAR
RELATED TO THE  FINANCING,  REFINANCING,  CONSTRUCTION,  RECONSTRUCTION,
RENOVATION,  ACQUISITION,  DESIGN, REHABILITATION, IMPROVEMENT, FURNISH-
ING, EQUIPPING OR ALTERATION OF COMMUNITY  COLLEGE  CAPITAL  FACILITIES,
INCLUDING  DEBT SERVICE AND LEASE EXPENDITURES, AS APPROVED BY THE LOCAL
SPONSOR, AS DEFINED IN SUBDIVISION THREE OF SECTION SIXTY-THREE  HUNDRED
ONE OF THE EDUCATION LAW.
  S  2.  This act shall take effect immediately; provided, however, that
the amendments to section 3-c of  the  general  municipal  law  made  by
section  one of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10831-01-3

assembly Bill A7838

Prohibits Medicare charges by healthcare providers in excess of statutory limitations

download pdf

Sponsor

Bill Status


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

actions

Summary

Prohibits Medicare charges by healthcare providers in excess of statutory limitations.

Bill Details

Versions:
A7838
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §19, Pub Health L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7838

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2013
                               ___________

Introduced  by  M.  of  A. SILVER, GOTTFRIED, MILLMAN, MORELLE, FARRELL,
  JACOBS -- Multi-Sponsored by -- M. of A. BRAUNSTEIN,  BRINDISI,  BRON-
  SON,  CLARK,  DINOWITZ,  GOLDFEDER, HENNESSEY, HEVESI, LAVINE, LIFTON,
  PAULIN,  ROBERTS,  ROBINSON,  ROSA,  RUSSELL,  SANTABARBARA,  SKOUFIS,
  STIRPE, WEINSTEIN, WEISENBERG -- read once and referred to the Commit-
  tee on Health

AN  ACT to amend the public health law, in relation to prohibiting Medi-
  care charges by healthcare providers in excess  of  statutory  limita-
  tions

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

  Section 1. Section 19 of the public health law, as  added  by  chapter
572 of the laws of 1990, is amended to read as follows:
  S 19. Reasonable charges for medicare beneficiaries.  1. No [physician
licensed  under  article  one  hundred  thirty-one of the education law]
HEALTHCARE PROVIDER shall charge from a beneficiary of health  insurance
under  title  XVIII  of  the  federal social security act (medicare) any
amount in excess of ONE HUNDRED AND FIVE PERCENT OF the [following limi-
tations:
  (a) Effective January first, nineteen  hundred  ninety-one,  a  physi-
cian's  charge  shall  not  exceed  one  hundred  fifteen percent of the
reasonable charge for that service as determined by  the  United  States
secretary for health and human services.
  (b)  Beginning  January first, nineteen hundred ninety-three, a physi-
cian's charge shall not exceed one hundred ten percent of the reasonable
charge] ESTABLISHED MEDICARE PAYMENT RATE,  INCLUDING  ANY  DEDUCTIBLES,
COINSURANCE  OR  COPAYMENTS for that service as determined by the United
States secretary for health and human services[, provided however,  that
if the statewide percentage of medicare part B claims billed at or below
the  reasonable  charge as determined by the United States secretary for
health and human services  for  federal  fiscal  year  nineteen  hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11143-05-3

A. 7838                             2

eighty-nine  fails  to  increase  by  five percentage points for federal
fiscal year nineteen hundred ninety-two, such physician's charge  shall,
thereafter, not exceed one hundred five percent of the reasonable charge
as  determined  by  the  United  States  secretary  for health and human
services. If, in any subsequent  federal  fiscal  year,  such  statewide
percentage  of medicare part B claims billed at or below such reasonable
charge fails to maintain such five  percentage  point  increase,  physi-
cian's  charge  shall  thereafter not exceed one hundred five percent of
the reasonable charge as determined by the United States  secretary  for
health and human services].
  1-A.  IN THE EVENT A BENEFICIARY OF MEDICARE EXHAUSTS ANY CAPPED BENE-
FIT FOR HEALTH CARE SERVICES, INCLUDING, BUT NOT LIMITED  TO,  REHABILI-
TATION  SERVICES,  THE CHARGE LIMITATION SET FORTH IN SUBDIVISION ONE OF
THIS SECTION SHALL CONTINUE TO APPLY, PROVIDED THAT  SUCH  SERVICES  ARE
DETERMINED TO BE MEDICALLY NECESSARY.
  2.  The charge limitation set forth in subdivision one of this section
shall not apply if the service which such beneficiary is to be billed is
either an office or home visit as set forth  in  procedure  codes  90000
through  90170  in  the  Physician  Current  Procedural  Terminology 4th
Edition 1989.
  3. [The state office for  the  aging  shall,  through  agreement  with
carriers and/or intermediaries contracted with by the federal government
in this state pursuant to title XVIII of the federal social security act
(medicare),  obtain the percentages of physician's bills submitted at or
below the reasonable charge as established by the United  States  secre-
tary for health and human services, and shall issue a report by December
first, nineteen hundred ninety-two and every December first, thereafter,
stating  whether  the  percentage  of  bills  submitted at or below such
reasonable charge for federal fiscal year  nineteen  hundred  ninety-two
increased  by  five  percentage  points over the statewide percentage of
bills submitted at or below such reasonable charge  for  federal  fiscal
year  nineteen  hundred eighty-nine and whether such percentage has been
maintained for  each  successive  federal  fiscal  year  after  nineteen
hundred ninety-two.
  4.]  Notwithstanding  any  inconsistent  provision  of this chapter, a
[physician] HEALTHCARE PROVIDER who is determined, after opportunity for
a hearing, to have violated the provisions  of  this  section  shall  be
subject  for the first violation to a fine of not more than one thousand
dollars nor less than the greater of three times the  amount  collected,
or,  if  not collected, three times the amount charged, in excess of the
limitations set forth in subdivision one of this section, and, for  each
additional violation committed within five years of the date of an imme-
diately  preceding violation of this section, to a fine of not more than
five thousand dollars nor less than the greater of one thousand  dollars
or  three  times the amount collected, or, if not collected, three times
the amount charged, in excess of the limitations set forth  in  subdivi-
sion  one of this section; provided, however, that in no event shall the
fine for an individual violation of this section be  greater  than  five
thousand dollars. In addition, where the provisions of this section have
been  violated,  the [physician] HEALTHCARE PROVIDER shall refund to the
beneficiary the amount collected in excess of the limitations set  forth
in subdivision one of this section.
  4.  FOR PURPOSES OF THIS SECTION, A "HEALTHCARE PROVIDER" SHALL MEAN A
HEALTHCARE PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE EIGHT  OF  THE
EDUCATION  LAW OR A LAWFUL COMBINATION OF SUCH HEALTHCARE PRACTITIONERS;

A. 7838                             3

AND AN ENTITY LICENSED OR CERTIFIED UNDER ARTICLE TWENTY-EIGHT OR  THIR-
TY-SIX OF THIS CHAPTER.
  S  2.  This  act  shall take effect immediately and shall apply to all
charges incurred on and after January 1, 2012.

assembly Bill A8144

Requires law enforcement officers to turn on video cameras and recording equipment located in law enforcement vehicles in certain circumstances

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Bill Status


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

Requires law enforcement officers to turn on video cameras and recording equipment located in law enforcement vehicles in certain circumstances.

Bill Details

Versions:
A8144
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §845-a, Exec L
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8144

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             August 30, 2013
                               ___________

Introduced  by M. of A. CLARK, ROBERTS, RIVERA, AUBRY -- Multi-Sponsored
  by -- M. of A. COOK, GOTTFRIED, ROSA,  SEPULVEDA,  SKARTADOS  --  read
  once and referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to requiring law enforce-
  ment officers to turn on video cameras and recording equipment located
  in law enforcement vehicles in certain circumstances

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

  Section 1. The executive law is amended by adding a new section  845-a
to read as follows:
  S  845-A.  LAW  ENFORCEMENT  VEHICLES  EQUIPPED WITH VIDEO CAMERAS AND
RECORDING EQUIPMENT. 1. ANY LAW ENFORCEMENT OFFICER WHO TRAVELS IN A LAW
ENFORCEMENT VEHICLE EQUIPPED WITH A VIDEO CAMERA AND/OR RECORDING EQUIP-
MENT, AND WHO STOPS SUCH VEHICLE TO INTERACT WITH  THE  GENERAL  PUBLIC,
SHALL TURN ON SUCH VIDEO CAMERA AND RECORDING EQUIPMENT PRIOR TO EXITING
SUCH VEHICLE.
  2.  THE  COMMISSIONER  OF  CRIMINAL  JUSTICE SERVICES SHALL PROMULGATE
RULES AND REGULATIONS NECESSARY TO  IMPLEMENT  THE  PROVISIONS  OF  THIS
SECTION.
  3.  SUCH  RULES  AND REGULATIONS SHALL ESTABLISH MINIMUM STANDARDS FOR
THE VIDEO CAMERAS AND RECORDING EQUIPMENT TO BE USED.  SUCH  REGULATIONS
SHALL  PROVIDE THAT SUCH EQUIPMENT BE OUTFITTED WITH ANTI-TAMPER DEVICES
AND ROUTINELY EXAMINED AND SERVICED AT MINIMUM TWICE PER YEAR.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10297-01-3

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