NY State Assembly Bill 2009-A8023

Assembly Bill A8023

2009-2010 Legislative Session

Requires certain changes to service award programs to be subject to a mandatory referendum

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local governments
Jun 16, 2009	print number 8023a
Jun 16, 2009	amend and recommit to ways and means
Jun 09, 2009	reported referred to ways and means
May 01, 2009	referred to local governments

Bill Amendments

Original

A (Active)

2009-A8023 - Details

Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §§219-d, 219-k & 219-l, Gen Muni L

2009-A8023 - Summary

Requires certain changes to service award programs to be subject to a mandatory referendum; lowers the entitlement age to fifty-five.

2009-A8023 - Bill Text download pdf

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

                                  8023

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced  by M. of A. SWEENEY -- Multi-Sponsored by -- M. of A. HOOPER
  -- read once and referred to the Committee on Local Governments

AN ACT to amend the general municipal law, in relation to service  award
  programs

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

  Section 1. Paragraph (b) of subdivision 8  of  section  219-d  of  the
general municipal law, as amended by chapter 514 of the laws of 1998, is
amended to read as follows:
  (b)  The  entitlement  age,  the  number of years of ambulance service
required to obtain a nonforfeitable right to a service  award,  and  the
activities  for which points shall be granted toward a year of ambulance
service may be changed by resolution adopted by the affirmative vote  of
at  least  sixty  percent  of the governing board of the sponsor without
referendum; PROVIDED, THAT, CONSISTENT WITH THE PROVISIONS  OF  SUBDIVI-
SION  THREE  OF  SECTION  TWO HUNDRED NINETEEN-M OF THIS ARTICLE, IF THE
EFFECT OF THE AMENDMENT IS TO INCREASE THE NUMBER OF POINTS GRANTED  FOR
THE  PERFORMANCE  OF  THE  ACTIVITY,  DECREASE THE AMOUNT OF AN ACTIVITY
REQUIRED TO EARN THE POINTS GRANTED FOR THE PERFORMANCE OF THE ACTIVITY,
OR BOTH, SUCH AMENDMENT SHALL BE SUBJECT TO A MANDATORY REFERENDUM.  ANY
AMENDMENT  TO  A  SERVICE AWARD PROGRAM SHALL ONLY TAKE EFFECT AS OF THE
FIRST OF JANUARY NEXT SUCCEEDING COMPLETION OF THE PROCEEDINGS  REQUIRED
FOR ADOPTION OF THE AMENDMENT AND SHALL ONLY APPLY PROSPECTIVELY.
  S  2.  Subdivision 3 of section 219-k of the general municipal law, as
added by chapter 558 of the laws of 1998, is amended to read as follows:
  3. "Entitlement age" means age [sixty-five] FIFTY-FIVE and, except  in
the  case  of  disability or death, shall be the earliest age at which a
participant who has a nonforfeitable right to a service award  is  enti-
tled to apply for and begin receiving a service award.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02780-01-9

A. 8023                             2

  S  3.  Paragraph  (b) of subdivision 9 of section 219-l of the general
municipal law, as added by chapter 558 of the laws of 1998,  is  amended
to read as follows:
  (b)  The activities for which points shall be granted toward a year of
ambulance service may be changed by resolution adopted by  the  affirma-
tive  vote of at least sixty percent of the governing board of the spon-
sor without referendum; PROVIDED, THAT, CONSISTENT WITH  THE  PROVISIONS
OF  SUBDIVISION THREE OF SECTION TWO HUNDRED NINETEEN-M OF THIS ARTICLE,
IF THE EFFECT OF THE AMENDMENT IS  TO  INCREASE  THE  NUMBER  OF  POINTS
GRANTED  FOR  THE PERFORMANCE OF THE ACTIVITY, DECREASE THE AMOUNT OF AN
ACTIVITY REQUIRED TO EARN THE POINTS GRANTED FOR THE PERFORMANCE OF  THE
ACTIVITY, OR BOTH, SUCH AMENDMENT SHALL BE SUBJECT TO A MANDATORY REFER-
ENDUM.  ANY  AMENDMENT TO A SERVICE AWARD PROGRAM SHALL ONLY TAKE EFFECT
AS OF THE FIRST OF JANUARY NEXT SUCCEEDING COMPLETION OF THE PROCEEDINGS
REQUIRED FOR ADOPTION OF THE AMENDMENT AND SHALL ONLY APPLY PROSPECTIVE-
LY.
  S 4. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective  date  are authorized and directed to be made and completed by
the state comptroller on or before such date.

multi-Sponsors

2009-A8023A (ACTIVE) - Details

Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §§219-d, 219-k & 219-l, Gen Muni L

2009-A8023A (ACTIVE) - Summary

Requires certain changes to service award programs to be subject to a mandatory referendum; lowers the entitlement age to fifty-five.

2009-A8023A (ACTIVE) - Sponsor Memo

2009-A8023A (ACTIVE) - Bill Text download pdf

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

                                 8023--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced  by M. of A. SWEENEY -- Multi-Sponsored by -- M. of A. HOOPER
  -- read once and referred to the Committee  on  Local  Governments  --
  reported  and referred to the Committee on Ways and Means -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general municipal law, in relation to service  award
  programs

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

  Section 1. Paragraph (b) of subdivision 8  of  section  219-d  of  the
general municipal law, as amended by chapter 514 of the laws of 1998, is
amended to read as follows:
  (b)  The  entitlement  age,  the  number of years of ambulance service
required to obtain a nonforfeitable right to a service  award,  and  the
activities  for which points shall be granted toward a year of ambulance
service may be changed by resolution adopted by the affirmative vote  of
at  least  sixty  percent  of the governing board of the sponsor without
referendum; PROVIDED, THAT, CONSISTENT WITH THE PROVISIONS  OF  SUBDIVI-
SION  THREE  OF  SECTION  TWO HUNDRED NINETEEN-M OF THIS ARTICLE, IF THE
EFFECT OF THE AMENDMENT IS TO INCREASE THE NUMBER OF POINTS GRANTED  FOR
THE  PERFORMANCE  OF  THE  ACTIVITY,  DECREASE THE AMOUNT OF AN ACTIVITY
REQUIRED TO EARN THE POINTS GRANTED FOR THE PERFORMANCE OF THE ACTIVITY,
OR BOTH, SUCH AMENDMENT SHALL BE SUBJECT TO A MANDATORY REFERENDUM.  ANY
AMENDMENT  TO  A  SERVICE AWARD PROGRAM SHALL ONLY TAKE EFFECT AS OF THE
FIRST OF JANUARY NEXT SUCCEEDING COMPLETION OF THE PROCEEDINGS  REQUIRED
FOR ADOPTION OF THE AMENDMENT AND SHALL ONLY APPLY PROSPECTIVELY.
  S  2.  Subdivision 3 of section 219-k of the general municipal law, as
added by chapter 558 of the laws of 1998, is amended to read as follows:
  3. ["Entitlement age" means age sixty-five and, except in the case  of
disability  or  death,  shall be the earliest age at which a participant
who has a nonforfeitable right to a service award is entitled  to  apply

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02780-04-9

A. 8023--A                          2

for  and  begin  receiving a service award.] "ENTITLEMENT AGE" MEANS THE
AGE DESIGNATED BY THE SPONSOR AT WHICH A PROGRAM PARTICIPANT IS ENTITLED
TO BEGIN RECEIVING AN UNREDUCED SERVICE AWARD. IN  NO  EVENT  SHALL  THE
ENTITLEMENT AGE UNDER A PROGRAM BE EARLIER THAN AGE FIFTY-FIVE NOR LATER
THAN  THE  AGE AT WHICH THE PARTICIPANT CAN RECEIVE AN UNREDUCED BENEFIT
UNDER TITLE II OF THE SOCIAL SECURITY ACT (PUBLIC LAW 74-271 U.S.C.  306
ET  SEQ.). NO SERVICE AWARD PROGRAM MAY PROVIDE FOR THE PAYMENT OF BENE-
FITS (EXCEPT IN THE CASE OF DEATH OR DISABILITY) BEFORE AGE FIFTY-FIVE.
  S 3. Paragraph (h) of subdivision 5 of section 219-l  of  the  general
municipal  law,  as added by chapter 558 of the laws of 1998, is amended
and a new paragraph (i) is added to read as follows:
  (h) the date on which the proposition authorizing the adoption of  the
program shall be submitted to referendum[.]; AND
  (I) ENTITLEMENT AGE- THE AGE AT WHICH VOLUNTEERS ARE ELIGIBLE TO BEGIN
RECEIVING SERVICE AWARDS.
  S  4.  Paragraph  (b) of subdivision 9 of section 219-l of the general
municipal law, as added by chapter 558 of the laws of 1998,  is  amended
to read as follows:
  (b)  The activities for which points shall be granted toward a year of
ambulance service may be changed by resolution adopted by  the  affirma-
tive  vote of at least sixty percent of the governing board of the spon-
sor without referendum; PROVIDED, THAT, CONSISTENT WITH  THE  PROVISIONS
OF  SUBDIVISION THREE OF SECTION TWO HUNDRED NINETEEN-M OF THIS ARTICLE,
IF THE EFFECT OF THE AMENDMENT IS  TO  INCREASE  THE  NUMBER  OF  POINTS
GRANTED  FOR  THE PERFORMANCE OF THE ACTIVITY, DECREASE THE AMOUNT OF AN
ACTIVITY REQUIRED TO EARN THE POINTS GRANTED FOR THE PERFORMANCE OF  THE
ACTIVITY, OR BOTH, SUCH AMENDMENT SHALL BE SUBJECT TO A MANDATORY REFER-
ENDUM.  ANY  AMENDMENT TO A SERVICE AWARD PROGRAM SHALL ONLY TAKE EFFECT
AS OF THE FIRST OF JANUARY NEXT SUCCEEDING COMPLETION OF THE PROCEEDINGS
REQUIRED FOR ADOPTION OF THE AMENDMENT AND SHALL ONLY APPLY PROSPECTIVE-
LY.
  S 5. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective  date  are authorized and directed to be made and completed by
the state comptroller on or before such date.

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