NY State Senate Bill 2015-S7746

Archive: Last Bill Status - In Senate Committee Rules 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
Jun 17, 2016	committed to rules
Jun 09, 2016	amended on third reading (t) 7746a
Jun 07, 2016	advanced to third reading
Jun 06, 2016	2nd report cal.
Jun 02, 2016	1st report cal.1357
May 12, 2016	referred to housing, construction and community development

Votes

- Jun 2, 2016 - Housing, Construction And Community Development Committee Vote
  S7746
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Jun 2, 2016
      
      aye (9)
      
      Avella
      
      Bonacic
      
      Boyle
      
      Espaillat
      
      Gallivan
      
      Krueger
      
      Little
      
      Panepinto
      
      Young

Bill Amendments

Original

A (Active)

2015-S7746 - Details

See Assembly Version of this Bill:: A10235
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §376-a, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S1642, A1310

2015-S7746 - Summary

Relates to code enforcement officer training and certification.

2015-S7746 - Sponsor Memo

                                 BILL NUMBER:  S7746

 TITLE OF BILL :

An act to amend the executive law, in relation to establishing a
process for the revocation of a code enforcement officer's certificate

 PURPOSE OF THE BILL :

The purpose of this bill is to provide the Department of State with a
process to revoke a code enforcement officer's certification for
misconduct.

 SUMMARY OF PROVISIONS :

Section one of the bill amends section 376-a of the executive law as
it relates to establishing a procedure for the Secretary of State to
revoke a code enforcement officer's certification on the grounds of
misconduct.

Section two of the bill relates to the effective date.

 JUSTIFICATION :

The Department of State issues code enforcement certifications for
individuals who have completed training on the uniform code. This

certification demonstrates that an individual is qualified to enforce
the building and fire codes for local governments.

Although the Department of State issues the certifications, the
Department only has the authority to revoke the certification if the
official failed to complete the training. There was an incident in
Rockland where a fire inspector was cited by the State Education
Department for failing to note serious violations at several
non-public schools during the course of an annual fire inspection.

The alleged misconduct by the fire inspector is not grounds for
revocation of their code enforcement certification. Unfortunately, the
Department of State does not have the authority to revoke an
individual's certificates even if allegations of serious misconduct
are proven. This bill empowers the Secretary of State to develop a
process to revoke a code enforcement official's certification if,
after a hearing, they are found to have either falsified an inspection
report, provided material omissions on a report or accepted bribes.
This will provide the Department with the necessary authority to
ensure that the integrity of the code enforcement certification is
upheld.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS FOR STATE :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7746 - Bill Text download pdf

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

                                  7746

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN ACT to amend the executive law, in relation to establishing a process
  for the revocation of a code enforcement officer's certificate

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

  Section 1. Subdivision 4 of section 376-a  of  the  executive  law  is
amended by adding a new paragraph (g) to read as follows:
  (G)  ESTABLISH  A  PROCEDURE  TO  REVOKE  THE  CERTIFICATION OF A CODE
ENFORCEMENT OFFICIAL WHO IS FOUND, AFTER A HEARING, TO HAVE EITHER WILL-
FULLY FALSIFIED AN INSPECTION REPORT, WILLFULLY MADE MATERIAL  MISSTATE-
MENTS  OR  MATERIAL  OMISSIONS  ON  AN  INSPECTION  REPORT  OR WILLFULLY
ACCEPTED A BRIBE. SUCH REVOCATION SHALL NOT BE CONSTRUED AS AN EXCLUSIVE
REMEDY AND DOES NOT PREVENT CRIMINAL CHARGES FROM BEING BROUGHT IN ADDI-
TION TO ANY ACTION TAKEN BY THE DEPARTMENT.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15176-01-6

2015-S7746A (ACTIVE) - Details

See Assembly Version of this Bill:: A10235
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §376-a, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S1642, A1310

2015-S7746A (ACTIVE) - Summary

Relates to code enforcement officer training and certification.

2015-S7746A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7746A

 TITLE OF BILL :  An act to amend the executive law, in relation to
code enforcement officer's training and certificate

 PURPOSE OF THE BILL :

The purpose of this bill is to provide the Department of State with a
process to revoke a code enforcement officer's certification for
misconduct.

 SUMMARY OF PROVISIONS :

Section one of the bill amends section 376-a of the executive law as
it relates to authorizing the Secretary of State to establish minimum
training and examination requirements for a code enforcement officer
certificate. The Secretary would have the power to issue and revoke a
code enforcement officer's certification on grounds of misconduct
following a hearing.

Section two of the bill relates to the effective date.

 JUSTIFICATION :

The Department of State issues code enforcement certifications for
individuals who have completed training on the uniform code. This

certification demonstrates that an individual is qualified to enforce
the building and fire codes for local governments.

Although the Department of State issues the certifications, the
Department only has the authority to revoke the certification if the
official failed to complete the training. There was an incident in
Rockland where a fire inspector was cited by the State Education
Department for failing to note serious violations at several
non-public schools during the course of an annual fire inspection.

The alleged misconduct by the fire inspector is not grounds for
revocation of their code enforcement certification. Unfortunately, the
Department of State does not have the authority to revoke an
individual's certificates even if allegations of serious misconduct
are proven. This bill empowers the Secretary of State to develop a
process to revoke a code enforcement official's certification if,
after a hearing, they are found to have failed to uphold the duties of
a code enforcement officer including but not limited to making
material errors or omissions on an inspection report. This will
provide the Department with the necessary authority to ensure that the
integrity of the code enforcement certification is upheld.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS FOR STATE :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become law.

2015-S7746A (ACTIVE) - Bill Text download pdf

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

                                 7746--A
    Cal. No. 1357

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  --  reported  favorably  from  said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the executive law, in relation to code enforcement offi-
  cer's training and certificate

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

  Section  1. Section 376-a of the executive law, as added by section 29
of part B of chapter 56 of the laws of  2010,  is  amended  to  read  as
follows:
  S  376-a.  Code  enforcement  training  AND  CERTIFICATION. 1. For the
purpose of this section, the term code enforcement personnel shall  mean
a  code  enforcement official CERTIFIED PURSUANT TO THIS SECTION charged
with enforcement of the uniform fire prevention and building code or the
state energy conservation construction code.
  2. In addition to the functions, powers and duties otherwise  provided
by  this  article, the secretary of state may promulgate rules and regu-
lations with respect to:
  (a) The approval, or revocation thereof, of code enforcement  training
programs for code enforcement personnel;
  (b)  Minimum  courses of study, attendance requirements, and equipment
and facilities to be required for  approved  code  enforcement  training
programs for code enforcement personnel;
  (c)  MINIMUM TRAINING AND EXAMINATION REQUIREMENTS TO QUALIFY FOR CODE
ENFORCEMENT OFFICER CERTIFICATION, PROVIDED THAT SUCH TRAINING AND EXAM-
INATION REQUIREMENTS SHALL NOT RESULT IN CODE ENFORCEMENT PERSONNEL THAT
HAVE OTHERWISE COMPLETED THE  MINIMUM  BASIC  TRAINING  REQUIREMENTS  IN
ORDER  TO  BE ELIGIBLE FOR CONTINUED EMPLOYMENT OR PERMANENT APPOINTMENT
AS OF THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO  THOUSAND
SIXTEEN  THAT  AMENDED  THIS  PARAGRAPH  FROM  BEING  INELIGIBLE WITHOUT

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

                                                           LBD15176-05-6

S. 7746--A                          2

FURTHER TRAINING OR EXAMINATION FOR CERTIFICATION PURSUANT TO  PARAGRAPH
(D) OF THIS SUBDIVISION;
  (D)  ISSUANCE  OF  A  CODE  ENFORCEMENT  OFFICER CERTIFICATION WHEN AN
APPLICANT SATISFIES THE REQUIREMENT SET FORTH IN PARAGRAPH (C)  OF  THIS
SUBDIVISION;
  (E) REVOCATION OR SUSPENSION OF THE CERTIFICATION OF ANY CODE ENFORCE-
MENT PERSONNEL FOUND AFTER A HEARING TO HAVE MATERIALLY FAILED TO UPHOLD
DUTIES  OF  A  CODE  ENFORCEMENT  OFFICER, INCLUDING BUT NOT LIMITED TO,
MAKING MATERIAL ERRORS OR OMISSIONS ON AN INSPECTION REPORT. THE HEARING
REQUIRED PRIOR TO SUCH REVOCATION OR SUSPENSION SHALL PROVIDE  THE  CODE
ENFORCEMENT  OFFICER  THE OPPORTUNITY TO BE HEARD AND SHALL BE CONDUCTED
PURSUANT TO ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCEDURE ACT;
  (F) Minimum qualifications for instructors for approved code  enforce-
ment training programs for code enforcement personnel;
  [(d)]  (G)  The  requirements  of  minimum  basic  training which code
enforcement personnel shall complete in order to be eligible for contin-
ued employment or permanent appointment, and the time within which  such
basic training must be completed following such appointment;
  [(e)]  (H)  The requirements for in-service training programs designed
to assist code enforcement personnel in  maintaining  skills  and  being
informed of technological advances;
  [(f)]  (I) Categories or classifications of advanced in-service train-
ing programs and minimum courses of study  and  attendance  requirements
with respect to such categories or classifications;
  [(g)] (J) Exemptions from particular provisions of this article in the
case  of  any  county,  city,  town, or village if in the opinion of the
secretary of state the standards of  code  enforcement  training  estab-
lished  and  maintained by such county, city, town, or village are equal
to or higher than those established pursuant to this article; or revoca-
tion in whole or in part of such exemption, if in his or her opinion the
standards of code enforcement training  established  and  maintained  by
such  county,  city,  town,  or village are lower than those established
pursuant to this article;
  3. In furtherance of his or her functions, powers and  duties  as  set
forth in this section, the secretary of state may:
  (a)  Recommend  studies, surveys and reports to be made by the depart-
ment of state regarding the carrying out of the objectives and  purposes
of this section;
  (b)  Visit and inspect any code enforcement training programs approved
by the secretary of state or for which application for such approval has
been made; and
  (c) Recommend standards for promotion to supervisory positions.
  4. In addition to the functions, powers and duties otherwise  provided
by this section, the secretary of state shall:
  (a)  Approve  code  enforcement training programs for code enforcement
personnel and issue certificates  of  approval  to  such  programs,  and
revoke such approval or certificate;
  (b)  Certify,  as qualified, instructors for approved code enforcement
training programs for code enforcement personnel and  issue  appropriate
certificates to such instructors;
  (c)   Certify  code  enforcement  personnel  who  have  satisfactorily
completed basic training programs and in-service training programs,  and
issue  appropriate  certificates to such code enforcement personnel, and
revoke such certificate;
  (d) INVESTIGATE  AND  CONDUCT  HEARINGS  AS  APPROPRIATE  RELATIVE  TO
COMPLAINTS MADE AGAINST CODE ENFORCEMENT PERSONNEL;

S. 7746--A                          3

  (E)  Cause  studies  and surveys to be made relating to the establish-
ment, operation, effectiveness and approval of code enforcement training
programs;
  [(e)]  (F)  Cause  studies  and  surveys  to  be  made relating to the
completion or partial  completion  of  training  programs  by  video  or
computer to the maximum extent practicable;
  [(f)]  (G) Consult with and cooperate with the state university of New
York and private universities, colleges and institutes in the state  for
the  development  of  specialized  courses of study for code enforcement
personnel.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S7746

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jun 2, 2016 - Housing, Construction And Community Development Committee Vote

Housing, Construction And Community Development Committee Vote: Jun 2, 2016

Bill Amendments

2015-S7746 - Details

2015-S7746 - Summary

2015-S7746 - Sponsor Memo

2015-S7746 - Bill Text download pdf

2015-S7746A (ACTIVE) - Details

2015-S7746A (ACTIVE) - Summary

2015-S7746A (ACTIVE) - Sponsor Memo

2015-S7746A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7746

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2015-S7746 - Details

2015-S7746 - Summary

2015-S7746 - Sponsor Memo

2015-S7746 - Bill Text download pdf

2015-S7746A (ACTIVE) - Details

2015-S7746A (ACTIVE) - Summary

2015-S7746A (ACTIVE) - Sponsor Memo

2015-S7746A (ACTIVE) - Bill Text download pdf

Comments