Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to local government |
Jul 27, 2011 |
print number 4312a |
Jul 27, 2011 |
amend (t) and recommit to local government |
Mar 28, 2011 |
referred to local government |
Senate Bill S4312
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Local Government 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
Actions
Bill Amendments
2011-S4312 - Details
- See Assembly Version of this Bill:
- A7848
- Current Committee:
- Senate Local Government
- Law Section:
- General Municipal Law
- Laws Affected:
- Add §97-a, Gen Muni L
- Versions Introduced in 2009-2010 Legislative Session:
-
S8138
2011-S4312 - Sponsor Memo
BILL NUMBER:S4312 TITLE OF BILL: An act to amend the general municipal law, in relation to subscription garbage, trash or refuse collection and recycling service PURPOSE OF THE BILL: To provide protections to an organization providing subscription waste and recycling service when a municipality decides to give one private firm an exclusive franchise or contract; or decides to begin providing solid waste collection service itself, displacing all other firms with solid waste collection arrangements and without compensation. SUMMARY OF PROVISIONS: Section 1. Amends the general municipal law by adding a new section 97-a. Section 2. Effective date. JUSTIFICATION: When private firms are displaced, significant business losses can occur. These losses are quantified through years of building a competitive business with investments in trucks, equipment, and physical plant. For small waste service firms, these losses may cause bankruptcy.
2011-S4312 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4312 2011-2012 Regular Sessions I N S E N A T E March 28, 2011 ___________ Introduced by Sen. LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law, in relation to subscription garbage, trash or refuse collection and recycling service THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general municipal law is amended by adding a new section 97-a to read as follows: S 97-A. DISPLACEMENT OF SUBSCRIPTION OF TRASH COLLECTION SERVICES. 1. NO MUNICIPALITY SHALL DISPLACE A PRIVATE COMPANY PROVIDING SUBSCRIPTION GARBAGE, TRASH OR REFUSE COLLECTION AND RECYCLING SERVICE WITHIN SUCH MUNICIPALITY WITHOUT FIRST: (A) HOLDING AT LEAST ONE PUBLIC HEARING SEEKING COMMENT ON THE ADVIS- ABILITY OF THE MUNICIPALITY PROVIDING SUCH SERVICE; (B) PROVIDING AT LEAST FORTY-FIVE DAYS WRITTEN NOTICE OF THE HEARING, DELIVERED BY FIRST CLASS MAIL TO ALL PRIVATE COMPANIES THAT PROVIDE SUCH SUBSCRIPTION SERVICE IN THE MUNICIPALITY AND THAT THE MUNICIPALITY IS ABLE TO IDENTIFY THROUGH LOCAL GOVERNMENT RECORDS; AND (C) PROVIDING PUBLIC NOTICE OF THE HEARING. 2. AFTER MAKING THE FINDINGS REQUIRED BY THIS SECTION, AND NOT LONGER THAN ONE YEAR AFTER THE FINAL PUBLIC HEARING, THE MUNICIPALITY MAY PROCEED TO TAKE MEASURES NECESSARY TO PROVIDE SUCH SERVICE. 3. (A) A MUNICIPALITY SHALL PROVIDE THREE YEARS NOTICE TO A PRIVATE COMPANY BEFORE IT ENGAGES IN THE ACTUAL PROVISION OF THE SERVICE THAT DISPLACES THE COMPANY. (B) AS AN ALTERNATIVE TO DELAYING DISPLACEMENT THREE YEARS, A MUNICI- PALITY MAY PAY A DISPLACED COMPANY AN AMOUNT EQUAL TO THE COMPANY'S PRECEDING TWELVE MONTHS GROSS RECEIPTS FOR THE DISPLACED SUBSCRIPTION SERVICE IN THE DISPLACEMENT AREA. SUCH THREE YEAR PERIOD SHALL LAPSE AS TO ANY PRIVATE COMPANY BEING DISPLACED WHEN SUCH COMPANY CEASES TO PROVIDE SERVICE WITHIN THE DISPLACEMENT AREA. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10493-02-1
2011-S4312A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7848
- Current Committee:
- Senate Local Government
- Law Section:
- General Municipal Law
- Laws Affected:
- Add §97-a, Gen Muni L
- Versions Introduced in 2009-2010 Legislative Session:
-
S8138
2011-S4312A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4312A TITLE OF BILL: An act to amend the general municipal law, in relation to displacement subscription solid waste collection services PURPOSE OF THE BILL: To provide protections to an organization providing subscription waste and recycling service when a municipality decides to give one private firm an exclusive franchise or contract; or decides to begin providing solid waste collection service itself, displacing all other firms with solid waste collection arrangements and without compensation. SUMMARY OF PROVISIONS: Section 1. Amends the general municipal law by adding a new section 97-a. Section 2. Effective date. JUSTIFICATION: When private firms are displaced, significant business losses can occur. These losses are quantified through years of building a competitive business with investments in trucks, equipment, and physical plant. For small waste service firms, these losses may cause bankruptcy. For. a large firm, the sizable debt can jeopardize operations in other communities.
2011-S4312A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4312--A 2011-2012 Regular Sessions I N S E N A T E March 28, 2011 ___________ Introduced by Sen. LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law, in relation to displacement subscription solid waste collection services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature hereby finds that the waste transporting industry is a vital industry for the people of the state. The policy of this state should prefer longer contracts over shorter contracts and contracts that protect the health and welfare of the public. Such contracts also need to be somewhat uniform in nature to protect public health and safety. The process of selecting or discontin- uing contracts should also be an open process involving public input. S 2. The general municipal law is amended by adding a new section 97-a to read as follows: S 97-A. DISPLACEMENT OF SUBSCRIPTION SOLID WASTE COLLECTION SERVICES. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION: (A) "CONTRACT" MEANS AN AGREEMENT BETWEEN A MUNICIPALITY AND A SUBSCRIPTION SOLID WASTE COLLECTION SERVICE WHICH CREATES AN OBLIGATION ON THE PART OF THE SUBSCRIPTION SOLID WASTE COLLECTION SERVICE TO TRANS- PORT SOLID WASTE WITHIN SUCH MUNICIPALITY OR WITHIN ANY PORTION OF SUCH MUNICIPALITY TO A SOLID WASTE DISPOSAL FACILITY. (B) (I) "DISPLACE" OR "DISPLACEMENT" MEANS A MUNICIPALITY'S ASSIGNMENT OF PROVISION OF A SERVICE WHICH PROHIBITS A SUBSCRIPTION SOLID WASTE COLLECTION SERVICE FROM PROVIDING THE SAME SERVICE AND WHICH SUCH SUBSCRIPTION SOLID WASTE COLLECTION SERVICE IS PROVIDING AT THE TIME THE DECISION TO DISPLACE IS MADE. (II) DISPLACE OR DISPLACEMENT SHALL NOT MEAN: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10493-05-1
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