senate Bill S6926A

Signed By Governor
2013-2014 Legislative Session

Extends the provisions of chapter 329 of the laws of 2009

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Archive: Last Bill Status Via A9225 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 11, 2014 approval memo.3
signed chap.325
Aug 08, 2014 delivered to governor
Jun 10, 2014 returned to assembly
passed senate
3rd reading cal.1004
substituted for s6926a
Jun 10, 2014 substituted by a9225b
Jun 02, 2014 advanced to third reading
May 29, 2014 2nd report cal.
May 28, 2014 1st report cal.1004
May 13, 2014 print number 6926a
amend and recommit to children and families
Apr 02, 2014 referred to children and families

Votes

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May 28, 2014 - Children and Families committee Vote

S6926A
3
0
committee
3
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Children and Families Committee Vote: May 28, 2014

Bill Amendments

Original
A (Active)
Original
A (Active)

S6926 - Bill Details

See Assembly Version of this Bill:
A9225B
Law Section:
Family Services
Laws Affected:
Amd §§13 & 14, Chap 329 of 2009

S6926 - Bill Texts

view summary

Extends the provisions of chapter 329 of 2009, amending the family court act and the social services law, relating to removing special powers granted to the society for the prevention of cruelty to children.

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

                                  6926

                            I N  S E N A T E

                              April 2, 2014
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend chapter 329 of the laws of  2009,  amending  the  family
  court  act  and  the social services law, relating to removing special
  powers granted to the society for the prevention of cruelty  to  chil-
  dren, in relation to extending certain provisions thereof

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

  Section 1. Sections 13 and 14 of chapter 329  of  the  laws  of  2009,
amending  the  family court act and the social services law, relating to
removing special powers granted to the society  for  the  prevention  of
cruelty to children, are amended to read as follows:
  S  13.  Notwithstanding  any  provision  of  law  to the contrary, the
provisions of sections one, two, three,  four,  five,  six,  eleven  and
twelve  of this act shall not apply to Erie county [for five years after
the effective date of this act. Prior to the end of the five year  peri-
od, the legislature shall review the fiscal circumstances which necessi-
tated  the exemption of Erie county from the provisions of sections one,
two, three, four, five, six, eleven and twelve of this act  for  further
action].
  S  14.  This  act  shall  take  effect  immediately; provided that the
provisions of sections eight, ten and thirteen of this act shall  expire
[five  years after the effective date of this act] AUGUST 11, 2019, when
upon such date the provisions of such sections shall be deemed repealed.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14484-02-4

S6926A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9225B
Law Section:
Family Services
Laws Affected:
Amd §§13 & 14, Chap 329 of 2009

S6926A (ACTIVE) - Bill Texts

view summary

Extends the provisions of chapter 329 of 2009, amending the family court act and the social services law, relating to removing special powers granted to the society for the prevention of cruelty to children.

view sponsor memo
BILL NUMBER:S6926A

TITLE OF BILL: An act to amend chapter 329 of the laws of 2009,
amending the family court act and the social services law, relating to
removing special powers granted to the society for the prevention of
cruelty to children, in relation to extending certain provisions
thereof

PURPOSE:

This bill extends the sunset period from 2014 to 2019 which exempts
Erie and Rockland counties from certain provisions repealing special
powers granted to the Society for Prevention of Cruelty to Children
(SPCC).

SUMMARY OF PROVISIONS:

Section 1 amends section 13 of chapter 329 of the laws of 2009 to
extend Erie County's exemption from the following provisions of
chapter 329 of the laws of 2009:

(1) Amends subdivision (i) of section 1012 of the family court act, by
removing SPCCs from the definition as a child protective agency;

(2) Amends subdivision (a) of section 1024 of the family court act, by
removing SPCCs authority to take a child into protective custody;

(3) Amends subdivision I of section 1034 of the family court act, by
removing SPCCs authority to conduct child abuse investigations;

(4) Amends paragraph (a) of subdivision I of section 417 of the social
services law, by removing SPCCs authority to take a child into
protective custody;

(5) Amends subdivision 2 of section 386 of the social services law, by
removing SPCCs authority to visit group homes at its discretion;

(6) Amends subdivision 5 of section 372 of the social services law, by
eliminating references to the SPCC;

(11) Removes the SPCC as being considered a duly authorized
association within which children may be placed;

(12) Removes SPCCs authority to investigate reports of child abuse.

Section 1 also amends section 14 of chapter 329 of the laws of 2009 to
continue to authorize officers or agents of an SPCC in Rockland County
to obtain peace officer status and to exempt Erie County from the
provisions above until August 11, 2019.

Section 2 states that this act shall take effect immediately.

JUSTIFICATION:

In 2009, the Senate passed a bill that repealed special powers granted
to the Society for Prevention of Cruelty to Children (SPCC). Erie
County was specifically granted a five year sunset period from certain


provisions in the bill due to its fiscal circumstances. After five
years, Erie County's fiscal circumstances have not improved and it
still relies on this exemption to provide after hours CPS services to
Erie County children and families through a contract arrangement with
Child and Family Services, an SPCC agency. Without this exemption,
after hours CPS services would have to be provided directly from the
Erie County Department of Social Services at an extremely high cost to
the agency. This bill extends the original sunset period for five more
years until August 11, 2019. Additionally, under the original 2009
bill, Rockland County was also granted a specific exemption to
continue to authorize officers or agents of an SPCC in the county to
obtain peace officer status. This bill extends this exemption to
August 11, 2019 as well.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE:

Immediately.

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

                                 6926--A

                            I N  S E N A T E

                              April 2, 2014
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend chapter 329 of the laws of  2009,  amending  the  family
  court  act  and  the social services law, relating to removing special
  powers granted to the society for the prevention of cruelty  to  chil-
  dren, in relation to extending certain provisions thereof

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

  Section 1. Sections 13 and 14 of chapter 329  of  the  laws  of  2009,
amending  the  family court act and the social services law, relating to
removing special powers granted to the society  for  the  prevention  of
cruelty to children, are amended to read as follows:
  S  13.  Notwithstanding  any  provision  of  law  to the contrary, the
provisions of sections one, two, three,  four,  five,  six,  eleven  and
twelve  of this act shall not apply to Erie county [for five years after
the effective date of this act. Prior to the end of the five year  peri-
od, the legislature shall review the fiscal circumstances which necessi-
tated  the exemption of Erie county from the provisions of sections one,
two, three, four, five, six, eleven and twelve of this act  for  further
action].    PRIOR  TO  AUGUST 11, 2019, THE LEGISLATURE SHALL REVIEW THE
FISCAL CIRCUMSTANCES WHICH NECESSITATED THE  EXEMPTION  OF  ERIE  COUNTY
FROM THE PROVISIONS OF SECTIONS ONE, TWO, THREE, FOUR, FIVE, SIX, ELEVEN
AND TWELVE OF THIS ACT FOR FURTHER ACTION.
  S  14.  This  act  shall  take  effect  immediately; provided that the
provisions of sections eight, ten and thirteen of this act shall  expire
[five  years after the effective date of this act] AUGUST 11, 2019, when
upon such date the provisions of such sections shall be deemed repealed.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14484-05-4

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