senate Bill S2962A

2013-2014 Legislative Session

Requires a 120-day warning period for violations at certain veterans' organization facilities

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 28, 2014 referred to veterans' affairs
delivered to assembly
passed senate
Feb 10, 2014 advanced to third reading
Feb 04, 2014 2nd report cal.
Feb 03, 2014 1st report cal.85
Jan 08, 2014 referred to consumer protection
Apr 23, 2013 print number 2962a
amend and recommit to investigations and government operations
Mar 18, 2013 reported and committed to investigations and government operations
Mar 11, 2013 notice of committee consideration - requested
Jan 25, 2013 referred to consumer protection

Votes

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Feb 3, 2014 - Consumer Protection committee Vote

S2962A
10
0
committee
10
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Feb 3, 2014

Mar 18, 2013 - Consumer Protection committee Vote

S2962
9
0
committee
9
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 18, 2013

aye wr (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

S2962 - Bill Details

See Assembly Version of this Bill:
A2493A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §397-b, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S6414, A9708

S2962 - Bill Texts

view summary

Requires a 120-day warning period for violations at congressionally chartered veterans' organization facilities.

view sponsor memo
BILL NUMBER:S2962

TITLE OF BILL: An act to amend the general business law, in relation to
requiring a one hundred twenty-day warning period for certain violations
at certain veterans' organization facilities

PURPOSE: The purpose is to provide a warning period whereby the veter-
an's organization can rectify the violation in lieu of the immediate
imposition of a fine.

SUMMARY OF PROVISIONS: Amends the general business law by adding a new
section 397-b which would provide for a warning period for certain
violations at certain veterans organizations facilities. The term
"congressionally chartered veterans group shall mean any veterans' group
that has been chartered by the United States Congress under title 36 of
the United States code.

JUSTIFICATION: Veteran's organizations such as American Legions and VFW
posts provide a variety of much needed services to our veterans. They
serve as a resource for various for nonprofit and government services as
well as a brotherhood and support system for veterans in their communi-
ties. Very often these organizations will be charged with various
violations from New York City agencies. This legislation seeks to give
the Veterans organization 120 days to rectify said violation prior to a
fine being imposed. The financial burden of fines is enormous for these
crucial organizations that have lost so much financial support due to
the recession. The 120 days notice will give the veterans organization
the time needed to rectify the violation prior to the fine being
imposed. In addition, the legislation dictates that after a 120 day
period, veterans organizations may request a written extension with
proof of attempt to cure violation.

LEGISLATIVE HISTORY: 2012: S. 6414 - Referred to Consumer Protection

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
becoming law.

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

                                  2962

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to requiring a one
  hundred twenty-day warning period for certain  violations  at  certain
  veterans' organization facilities

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

  Section 1. The general business law is amended by adding a new section
397-b to read as follows:
  S 397-B. WARNING PERIOD FOR CERTAIN VIOLATIONS  AT  CERTAIN  VETERANS'
ORGANIZATION  FACILITIES.  1. BEFORE ANY MONETARY FINES OR PENALTIES ARE
ISSUED OR APPLIED TO THE OWNER OR OPERATOR OF ANY PLACE, POST,  FACILITY
OR  HALL  OWNED  OR  OPERATED  BY  A CONGRESSIONALLY CHARTERED VETERANS'
GROUP, A WARNING PERIOD OF ONE HUNDRED  TWENTY  DAYS  SHALL  TAKE  PLACE
DURING  WHICH TIME SUCH GROUP SHALL BE ABLE TO CURE SUCH VIOLATION.  IF,
AT THE END OF SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH VIOLATION CONTIN-
UES, THEN A MONETARY FINE OR PENALTY MAY BE ISSUED OR APPLIED  PROVIDED,
THAT  AFTER SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH VETERANS' ORGANIZA-
TION MAY REQUEST AN EXTENSION OF TIME TO  CURE  SUCH  VIOLATION.    SUCH
REQUEST  SHALL  BE MADE IN WRITING AND SHALL INCLUDE PROOF OF AN ATTEMPT
TO CURE SUCH VIOLATION WITHIN SUCH PERIOD.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM  "CONGRESSIONALLY  CHAR-
TERED  VETERANS'  GROUP"  SHALL  MEAN  ANY VETERANS' GROUP THAT HAS BEEN
CHARTERED BY THE UNITED STATES CONGRESS UNDER TITLE  36  OF  THE  UNITED
STATES CODE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01064-01-3

Co-Sponsors

S2962A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2493A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §397-b, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S6414, A9708

S2962A (ACTIVE) - Bill Texts

view summary

Requires a 120-day warning period for violations at congressionally chartered veterans' organization facilities.

view sponsor memo
BILL NUMBER:S2962A

TITLE OF BILL: An act to amend the general business law, in relation
to requiring a one hundred twenty-day warning period for certain
violations at certain veterans' organization facilities

PURPOSE: The purpose is to provide a warning period whereby the
veteran's organization can rectify the violation in lieu of the
immediate imposition of a fine.

SUMMARY OF PROVISIONS: Amends the general business law by adding a
new section 397-b which would provide for a warning period for certain
violations at certain veterans organizations facilities. The term
"congressionally chartered veterans group shall mean any veterans'
group that has been chartered by the United States Congress under
title 36 of the United States code.

JUSTIFICATION: Veteran's organizations such as American Legions and
VFW posts provide a variety of much needed services to our veterans.
They serve as a resource for various for nonprofit and government
services as well as a brotherhood and support system for veterans in
their communities. Very often these organizations will be charged
with various violations from New York City agencies. This legislation
seeks to give the Veterans organization 120 days to rectify said
violation prior to a fine being imposed. The financial burden of fines
is enormous for these crucial organizations that have lost so much
financial support due to the recession. The 120 days notice will give
the veterans organization the time needed to rectify the violation
prior to the fine being imposed. In addition, the legislation dictates
that after a 120 day period, veterans organizations may request a
written extension with proof of attempt to cure violation. Violations
that pose an imminent threat to health and safety and any violations
of the Alcoholic Beverage Control Law are exempt from the 120 day
notice

LEGISLATIVE HISTORY: 2012: S. 6414 - Referred to Consumer Protection

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
becoming law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2962--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  reported  favorably from said committee and committed to the Committee
  on Investigations and Government Operations --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the general business law, in relation to requiring a one
  hundred twenty-day warning period for certain  violations  at  certain
  veterans' organization facilities

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

  Section 1. The general business law is amended by adding a new section
397-b to read as follows:
  S 397-B. WARNING PERIOD FOR CERTAIN VIOLATIONS  AT  CERTAIN  VETERANS'
ORGANIZATION  FACILITIES.  1.  BEFORE  ANY  MONETARY FINES ARE ISSUED OR
APPLIED BY ANY MUNICIPAL OR HEALTH AGENCY TO THE OWNER  OR  OPERATOR  OF
ANY PLACE, POST, FACILITY OR HALL OWNED OR OPERATED BY A CONGRESSIONALLY
CHARTERED  VETERANS'  GROUP, A WARNING PERIOD OF ONE HUNDRED TWENTY DAYS
SHALL TAKE PLACE DURING WHICH TIME SUCH GROUP SHALL BE ABLE TO CURE SUCH
VIOLATION.  IF, AT THE END OF SUCH ONE HUNDRED TWENTY-DAY  PERIOD,  SUCH
VIOLATION  CONTINUES,  THEN  A  MONETARY  FINE  MAY BE ISSUED OR APPLIED
PROVIDED, THAT AFTER SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH  VETERANS'
ORGANIZATION  MAY  REQUEST  AN EXTENSION OF TIME TO CURE SUCH VIOLATION.
SUCH REQUEST SHALL BE MADE IN WRITING AND  SHALL  INCLUDE  PROOF  OF  AN
ATTEMPT  TO  CURE  SUCH VIOLATION WITHIN SUCH PERIOD.  THE PROVISIONS OF
THIS SECTION SHALL NOT: (A)  APPLY  TO  ANY  IMMINENT  LIFE  THREATENING
BUILDING  CODE  OR HEALTH CODE VIOLATION WHICH NECESSITATES AN EMERGENCY
CLOSURE OF A FACILITY; OR (B) BE CONSTRUED TO APPLY  TO  OR  EFFECT  ANY
VIOLATION OF THE ALCOHOLIC BEVERAGE CONTROL LAW MADE BY A FACILITY.
  2.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "CONGRESSIONALLY CHAR-
TERED VETERANS' GROUP" SHALL MEAN ANY  VETERANS'  GROUP  THAT  HAS  BEEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01064-04-3

S. 2962--A                          2

CHARTERED  BY  THE  UNITED  STATES CONGRESS UNDER TITLE 36 OF THE UNITED
STATES CODE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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