senate Bill S1576A

2011-2012 Legislative Session

Relates to amount of apportionments of deficiencies in apportionments of state monies to certain nonpublic schools to reimburse them for their expenses in complying

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 17, 2012 print number 1576a
amend and recommit to education
Jan 04, 2012 referred to education
Jan 10, 2011 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S1576 - Bill Details

See Assembly Version of this Bill:
A4196A
Current Committee:
Law Section:
Education
Versions Introduced in 2009-2010 Legislative Session:
S2998, A5517

S1576 - Bill Texts

view summary

Relates to amount of apportionments and deficiencies in apportionments of state monies to certain nonpublic schools to reimburse them for their expenses in complying with certain state requirements.

view sponsor memo
BILL NUMBER:S1576

TITLE OF BILL:
An act
to amend the environmental conservation law
and the general business law, in relation to jewelry
containing lead

PURPOSE:
This bill would prohibit the distribution and sale of jewelry
containing lead, to reduce the hazards of exposure to lead, would
define testing methods for jewelry to determine compliance, would
impose penalties for violating the law and institute a new labeling
requirement for lead containing jewelry.

SUMMARY OF PROVISIONS:

Section 1: sets out legislative findings.

Section 2: Adds new section 37-0113 to the environmental conservation
law. This section defines body piercing jewelry; children; children's
jewelry; class 1 material; class 2 material; class 3 material;
jewelry components; EPA reference methods, jewelry and surface
coating. This section also sets the date on or after which
restriction will be placed on advertising, manufacturing, offering
for sale, selling, distributing for promotional purposes, or
importing for distribution or sale into this state, any jewelry that
does not meet the standards of safety based on the definitions above.

Section 3: Adds a new section 37-0115 to the Environmental
Conservation Law the defines testing methods for determining
compliance with section 37-0113.

Section 4: Adds new section 71-3711 to Environmental Conservation Law,
which establishes the enforcement provisions for section 37-0113. The
initial violation of this section would amount to a civil penalty not
to exceed $500. Any subsequent violation of this section would result
in a civil penalty not to exceed $2,500 for each violation. Penalties
would be assessed by the Commissioner of the Department of
Environmental Conservation after considering a variety of factors.
Any civil fine collected would be deposited in the Environmental
Protection Fund. Any showing of excessive lead content must be done
by a laboratory meeting the testing requirement established under
this bill. Any person charged under this section of the law must be
provided with all the supporting documents related to the testing of
the jewelry.

Section 5: Amends the general business law to create a new section
399-gg that requires all jewelry sold contain a conspicuous notice
stating the percentage of lead in the jewelry. Also, any jewelry sold
containing more than .02 percent (two hundred parts per million) lead

by weight
shall contain a warning label, stating, "Contains lead which may be
harmful to your health. Not be used by children under the age of six."

Section 6: Effective date.

EXISTING LAW: None.

JUSTIFICATION:
Lead is a neurotoxin that is particularly hazardous to young children.
Exposures to even very low levels of lead can cause brain function
impairment. No level of lead exposure has been found to be safe for a
developing child. High concentrations of lead have been consistently
found in jewelry, particularly inexpensive jewelry that is marketed
to children. Numerous random samples of jewelry sold in New York
State have been found to contain very high lead content (up to 60,000
parts per million) in recent tests. It is the purpose of this
legislation to reduce the significant risk of lead exposure,
particularly to children, by limiting the availability of lead
containing jewelry.

This legislation has been redrafted to meet the issues pointed out in
the veto message for a similar bill which passed both houses in 2007.
The Governor was concerned that the enforcement mechanisms be
improved and that retailers be prevented from using ignorance as a
defense to selling a toxic piece of jewelry. In an effort to
meet,these concerns, the "knowing and intentional" requirements have
been removed from penalty section of the bill and a new labeling
requirement has been added to insure that manufacturers explicitly
state the lead content of a particular piece of jewelry.
Additionally, patterned after the California Law this new bill
includes factors for the Commissioner to consider when levying
penalties including the good faith of the violator.

If signed into law, this bill would be an important measure in
protecting the health and safety of our most valuable resource our
children.

LEGISLATIVE HISTORY:
2011-12: S.1928A - Referred to Environmental Conversation Similar
bill, S.5784, Vetoed 2007
2008 - Passed Senate (S.6635)

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
Immediately; except that section 5 of the act shall take effect March
1, 2016.

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

                                  1576

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced   by   Sens.   OPPENHEIMER,   ADDABBO,  DIAZ,  KLEIN,  LANZA,
  STEWART-COUSINS -- read twice and ordered printed, and when printed to
  be committed to the Committee on Education

AN ACT relating to apportionment of state monies  to  certain  nonpublic
  schools to reimburse them for their expenses in complying with certain
  state  requirements for the administration of state testing and evalu-
  ation programs and for participation in state programs for the report-
  ing of basic educational data

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

  Section 1. Notwithstanding chapters 53 and 496 of the laws of 2008 and
any  provision  of  law,  rule  or  regulation  to  the contrary, and as
mandated by chapter 507 of the laws of 1974, the commissioner of  educa-
tion  shall  continue to annually apportion to each qualifying school an
amount equal to the actual cost  incurred  by  each  school  during  the
preceding  school  year  for providing services rendered to the state in
compliance with requirements of  the  state's  comprehensive  attendance
program,  pupil  evaluation  program, the basic educational data system,
regents examinations, the statewide evaluation plan, the uniform  proce-
dure  for  pupil  attendance reporting, and other similar state prepared
examinations and reporting procedures. Beginning in the 2011-2012 school
year for which reimbursement shall be made the following year, qualified
schools shall have such reimbursement dispersed to them  no  later  than
the last day of December of the school year following the school year in
which expenses were incurred.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05298-01-1

Co-Sponsors

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S1576A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4196A
Current Committee:
Law Section:
Education
Versions Introduced in 2009-2010 Legislative Session:
S2998, A5517

S1576A (ACTIVE) - Bill Texts

view summary

Relates to amount of apportionments and deficiencies in apportionments of state monies to certain nonpublic schools to reimburse them for their expenses in complying with certain state requirements.

view sponsor memo
BILL NUMBER:S1576A

TITLE OF BILL:
An act
relating to apportionment of
state monies to certain nonpublic schools to reimburse them for their
expenses in complying with certain state requirements for the
administration of state testing and evaluation programs and for
participation in state programs for the reporting of basic educational
data

PURPOSE:
This bill would reiterate the state's commitment to reimbursing
independent and religious schools their actual costs in complying
with state administrative mandates and participating in the state's
testing and evaluation program.

SUMMARY OF PROVISIONS:
Section one of the bill reiterates statutory intent to reimburse
independent and religious schools for their actual costs under the
program.

JUSTIFICATION:
The Mandated Services Reimbursement program requires that independent
and religious schools be reimbursed for their actual costs in
providing services to the state, most of which are required by
statute and/or regulation. These services include the administration
of state testing and evaluation programs and participating in state
programs for reporting basic educational data.

Over its 35-year history, the program has experienced a number of
deficiencies, in some cases due to the state's poor fiscal climate.
In every case, however. those deficiencies were eventually made whole
when the economy permitted doing so. The state's 2008-09 enacted
state budget, however, for the first time, limited the state's
liability for reimbursement under the program to less than 100 percent.

The state's independent and religious schools provide significant
savings to state taxpayers by virtue of their educating nearly a half
million of New York's children. A reduction in Mandated Services
reimbursement will be devastating to the already fragile budgets of
the vast majority of these schools. Not only have hundreds of these
schools closed over the years, more are closing at the end of the
current school year. Their closing only exacerbates the fiscal stress
on the state budget as well as the burden faced by property tax
payers. It is in the state's interest, at least financially, to
maintain its long standing commitment to reimburse these schools for
their state-mandated expenses.

LEGISLATIVE HISTORY:
S.2998/A.5517 of 2009-2010
A.11075-B of 2008

FISCAL IMPLICATIONS:
To be determined.


EFFECTIVE DATE:
The act takes effect immediately.

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

                                 1576--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced   by   Sens.   OPPENHEIMER,   ADDABBO,  DIAZ,  KLEIN,  LANZA,
  STEWART-COUSINS -- read twice and ordered printed, and when printed to
  be committed to the Committee  on  Education  --  recommitted  to  the
  Committee  on  Education  in  accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  relating  to apportionment of state monies to certain nonpublic
  schools to reimburse them for their expenses in complying with certain
  state requirements for the administration of state testing and  evalu-
  ation programs and for participation in state programs for the report-
  ing of basic educational data

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

  Section 1. Notwithstanding chapters 53 and 496 of the laws of 2008 and
any provision of law,  rule  or  regulation  to  the  contrary,  and  as
mandated  by chapter 507 of the laws of 1974, the commissioner of educa-
tion shall continue to annually apportion to each qualifying  school  an
amount  equal  to  the  actual  cost  incurred by each school during the
preceding school year for providing services rendered to  the  state  in
compliance  with  requirements  of  the state's comprehensive attendance
program, pupil evaluation program, the basic  educational  data  system,
regents  examinations, the statewide evaluation plan, the uniform proce-
dure for pupil attendance reporting, and other  similar  state  prepared
examinations and reporting procedures. Beginning in the 2012-2013 school
year for which reimbursement shall be made the following year, qualified
schools  shall  have  such reimbursement dispersed to them no later than
the last day of December of the school year following the school year in
which expenses were incurred.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05298-02-2

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