Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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May 09, 2022 |
referred to governmental operations delivered to assembly passed senate |
May 05, 2022 |
advanced to third reading |
May 04, 2022 |
2nd report cal. |
May 03, 2022 |
1st report cal.1001 |
Feb 08, 2022 |
reported and committed to finance |
Jan 05, 2022 |
referred to housing, construction and community development returned to senate died in assembly |
May 12, 2021 |
referred to governmental operations delivered to assembly passed senate |
Apr 28, 2021 |
advanced to third reading |
Apr 27, 2021 |
2nd report cal. |
Apr 26, 2021 |
1st report cal.786 |
Mar 02, 2021 |
reported and committed to finance |
Jan 30, 2021 |
referred to housing, construction and community development |
Senate Bill S3606
2021-2022 Legislative Session
Relates to increasing the state code enforcement powers of the secretary of state
download bill text pdfSponsored By
(D) 36th Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 9, 2022
aye (42)- Addabbo Jr.
- Bailey
- Biaggi
- Breslin
- Brisport
- Brooks
- Cleare
- Comrie
- Cooney
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Reichlin-Melnick
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
nay (20)excused (1)
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Floor Vote: May 12, 2021
aye (43)- Addabbo Jr.
- Bailey
- Benjamin
- Biaggi
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Reichlin-Melnick
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
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Feb 8, 2022 - Housing, Construction And Community Development Committee Vote
S36068Aye3Nay0Aye with Reservations0Absent0Excused0AbstainedMar 2, 2021 - Housing, Construction And Community Development Committee Vote
S36068Aye3Nay0Aye with Reservations0Absent0Excused0AbstainedMay 3, 2022 - Finance Committee Vote
S360616Aye5Nay1Aye with Reservations1Absent0Excused0AbstainedApr 27, 2021 - Finance Committee Vote
S360616Aye4Nay3Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
(D) 42nd Senate District
(D, WF) Senate District
(D, WF) 41st Senate District
(D) 27th Senate District
(D, WF) 33rd Senate District
2021-S3606 (ACTIVE) - Details
2021-S3606 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3606 SPONSOR: BAILEY TITLE OF BILL: An act to amend the executive law, in relation to increasing the state code enforcement powers of the secretary of state PURPOSE:: Relates to increasing the state code enforcement powers of the secretary of the state. SUMMARY OF PROVISIONS:: Section 1 requires the department of the state to create a standard for the adequate number of code enforcement staff required to meet the needs of a locality by looking at factors including population and geographic area. Section 2 authorizes the secretary of the state to place an oversight
official within a local government to monitor the local government's compliance with minimum standards for the administration and enforcement of the uniform code. Section 3 creates the office of the State Code Enforcement Ombudsperson to resolve complaints related to local code enforcement programs. JUSTIFICATION:: On August 5, 2019, the Committees on Investigation sand Government Oper- ations and Housing, Construction, and Community Development released a report on code enforcement in New York State. The investigation concluded the lack of prioritization of code enforcement in munici- palities across the State is significantly contributing to the culture of poor compliance that ultimately endangers the lives of residents and first responders. The report recommended establishing measures to increase the required number of code enforcement personnel serving local communities, to allow the secretary of state to implement an oversight official within a local code enforcement program to ensure compliance, and to increase opportunities for the secretary of the state to deter- mine whether a locality should continue to conduct its own code enforce- ment. The provisions of the bill effectuate these recommendations. LEGISLATIVE HISTORY:: 2019-20: S.7287a - Referred to Governmental Operations
2021-S3606 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3606 2021-2022 Regular Sessions I N S E N A T E January 30, 2021 ___________ Introduced by Sens. BAILEY, SKOUFIS, BIAGGI, KAVANAGH, RIVERA -- 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 increasing the state code enforcement powers of the secretary of state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph b of subdivision 1 of section 381 of the execu- tive law, as amended by chapter 560 of the laws of 2010, is amended to read as follows: b. THE ADEQUATE number [and] OF STAFF REQUIRED TO MEET THE NEEDS OF THE LOCALITY TO BE DETERMINED BY LOOKING AT FACTORS, INCLUDING, BUT NOT LIMITED TO, POPULATION AND GEOGRAPHIC AREA, B-1. THE qualifications of staff, including requirements that inspec- tors be certified pursuant to this chapter, § 2. Paragraph c of subdivision 4 of section 381 of the executive law, as added by chapter 707 of the laws of 1981, is amended and a new para- graph e is added to read as follows: c. [the] THE secretary may designate the county in which such local government is located to administer and enforce the uniform code in such local government. In the case of such designation, the provisions of subdivision five of this section shall apply. E. THE SECRETARY MAY PLACE AN OVERSIGHT OFFICIAL WITHIN A LOCAL GOVERNMENT TO MONITOR AND ENSURE COMPLIANCE WITH THE MINIMUM STANDARDS FOR ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE. THE OVERSIGHT OFFICIAL SHALL BE A STATE OFFICER WITH EXPERTISE AND EXPERIENCE IN CODE ENFORCEMENT AND OTHER QUALIFICATIONS DETERMINED BY THE SECRETARY TO BE APPROPRIATE FOR THE POSITION. THE PLACEMENT OF AN OVERSIGHT OFFICIAL SHALL BE FOR A PERIOD OF UP TO ONE YEAR AND EXTENDED AS NECESSARY AS DETERMINED BY THE SECRETARY. LOCAL GOVERNMENT STAFF SHALL COMPLY WITH ALL DIRECTIVES ISSUED BY THE OVERSIGHT OFFICIAL. OVERSIGHT SHALL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD07549-01-1 S. 3606 2 INCLUDE, BUT NOT BE LIMITED TO, RESEARCH AND DATA COLLECTION TO DETER- MINE THE NEEDS OF THE LOCAL GOVERNMENT IN ORDER TO ACHIEVE MINIMUM STAN- DARDS OF CODE ENFORCEMENT, PROVIDING ASSISTANCE WITH CAPACITY BUILDING, AND PROVIDING ASSISTANCE WITH RESOLVING COMPLAINTS. § 3. The executive law is amended by adding a new section 381-a to read as follows: § 381-A. STATE CODE ENFORCEMENT OMBUDSPERSON. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION: A. "SECRETARY" MEANS THE SECRETARY OF STATE; B. "CODE ENFORCEMENT" MEANS THE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM FIRE PREVENTION CODE AND BUILDING CODE PROMULGATED IN ACCORDANCE WITH SECTIONS THREE HUNDRED SEVENTY-SEVEN AND THREE HUNDRED SEVENTY- EIGHT OF THIS ARTICLE AND THE STATE ENERGY CONSERVATION CODE ADOPTED IN ACCORDANCE WITH ARTICLE ELEVEN OF THE ENERGY LAW, AND ANY LOCAL BUILDING AND FIRE REGULATIONS ENACTED OR ADOPTED BY ANY LOCAL GOVERNMENT THAT ARE IN EFFECT PURSUANT TO SECTION THREE HUNDRED SEVENTY-NINE OF THIS ARTI- CLE; AND C. "OMBUDSPERSON" SHALL MEAN THE STATE CODE ENFORCEMENT OMBUDSPERSON. 2. OFFICE OF THE STATE CODE ENFORCEMENT OMBUDSPERSON. A. THERE IS HEREBY ESTABLISHED THE OFFICE OF STATE CODE ENFORCEMENT OMBUDSPERSON IN THE DEPARTMENT OF STATE DIVISION OF BUILDING STANDARDS AND CODES, WHICH SHALL BE HEADED BY THE STATE CODE ENFORCEMENT OMBUDSPERSON, WHO SHALL CARRY OUT THE DUTIES ESTABLISHED IN THIS SECTION. B. THE OFFICE OF THE STATE CODE ENFORCEMENT OMBUDSPERSON IS A DISTINCT ENTITY, SEPARATELY IDENTIFIABLE AND LOCATED WITHIN THE DEPARTMENT OF STATE DIVISION OF BUILDING STANDARDS AND CODES. C. THE SECRETARY SHALL NOT ESTABLISH PERSONNEL POLICIES OR PRACTICES WHICH PROHIBIT THE OMBUDSPERSON FROM PERFORMING THE FUNCTIONS AND RESPONSIBILITIES OF THE OMBUDSPERSON, PURSUANT TO THIS SECTION. D. NOTHING IN THIS SECTION SHALL PROHIBIT THE SECRETARY OF STATE FROM REQUIRING THAT THE OMBUDSPERSON, OR OTHER EMPLOYEES OF THE OFFICE OF STATE CODE ENFORCEMENT OMBUDSPERSON, ADHERE TO THE PERSONNEL POLICIES AND PROCEDURES OF THE DEPARTMENT OF STATE. 3. STATE CODE ENFORCEMENT OMBUDSPERSON. A. THE SECRETARY SHALL APPOINT A FULL-TIME OMBUDSPERSON TO ADMINISTER AND SUPERVISE THE OFFICE OF THE STATE CODE ENFORCEMENT OMBUDSPERSON. B. THE OMBUDSPERSON SHALL BE SELECTED FROM INDIVIDUALS WITH EXPERTISE AND EXPERIENCE IN CODE ENFORCEMENT AND OTHER QUALIFICATIONS DETERMINED BY THE SECRETARY TO BE APPROPRIATE FOR THE POSITION. C. ANY ACTUAL AND POTENTIAL CONFLICTS OF INTEREST SHALL BE IDENTIFIED AND ADDRESSED IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION. D. THE OMBUDSPERSON, PERSONALLY OR THROUGH AUTHORIZED REPRESENTATIVES, SHALL: (1) IDENTIFY, INVESTIGATE AND RESOLVE COMPLAINTS THAT RELATE TO ACTIONS OR INACTIONS OF A LOCAL CODE ENFORCEMENT PROGRAM. THE OMBUDSPER- SON MAY, IN PURSUING ITS INVESTIGATION, VISIT ANY LOCALITY CONDUCTING CODE ENFORCEMENT AT ANY TIME WITHOUT PRIOR NOTICE. LOCAL GOVERNMENT STAFF SHALL COOPERATE WITH THE INVESTIGATION. THE OMBUDSPERSON SHALL HAVE THE RIGHT TO INSPECT ALL ASPECTS OF A LOCAL GOVERNMENT'S CODE ENFORCEMENT PROGRAM, VISIT ALL AREAS AND OBSERVE ALL PARTS AND ASPECTS OF THE PROGRAM. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS AUTHORIZ- ING THE STATE OMBUDSPERSON TO ASSUME POWERS DELEGATED TO THE SECRETARY; (2) PRESENT SIGNIFICANT COMPLAINTS TO THE SECRETARY REGARDING A LOCAL- ITY'S FAILURE TO MEET MINIMUM STANDARDS OF CODE ENFORCEMENT, THE LOCALI- TY'S FAILURE TO ADOPT RECOMMENDATIONS FOR RESOLUTION BY THE OMBUDSPERSON AND ANY RECOMMENDATIONS FOR INTERVENTION BY THE SECRETARY; S. 3606 3 (3) RECOMMEND TO THE SECRETARY POLICIES AND PROCEDURES FOR THE OMBUD- SPERSON PROGRAM; (4) RECOMMEND POLICIES, REGULATIONS AND LEGISLATION DESIGNED TO ENHANCE CODE ENFORCEMENT; (5) MONITOR THE IMPLEMENTATION OF POLICIES AND REGULATIONS OF THE OFFICE AND OF THE RULES AND REGULATIONS OF OTHER STATE AND LOCAL AGEN- CIES, AS SUCH MAY BE APPLICABLE TO CODE ENFORCEMENT; (6) ADVISE AND ASSIST LOCALITIES WITH ADHERING TO MINIMUM STANDARDS FOR ADMINISTRATION AND CODE ENFORCEMENT; AND (7) REPORT TO THE SECRETARY THE STATUS OF COMPLAINTS ON A PERIODIC BASIS, BUT NOT LESS THAN ONCE PER QUARTER. SUCH REPORT SHALL INDICATE A COMPLAINT HAS BEEN RESOLVED AND THE MANNER IN WHICH IT WAS RESOLVED, THE STATUS OF IMPLEMENTATION OF ANY RECOMMENDATIONS MADE BY THE OMBUDSPER- SON, AND WHETHER THE OMBUDSPERSON RECOMMENDS INTERVENTION BY THE SECRE- TARY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE OFFICE OF THE STATE CODE ENFORCEMENT OMBUDSPERSON SHALL HAVE ACCESS TO, INCLUDING THE RIGHT TO INSPECT AND COPY, ANY RECORDS NECESSARY TO CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION, EXCLUDING THOSE PROTECTED BY STATUTORY PRIVI- LEGE. CONSISTENT WITH APPLICABLE LAWS AND REGULATIONS, THE CONFIDENTIAL- ITY OF ALL RECORDS AND DOCUMENTS OBTAINED MUST BE MAINTAINED BY THE OFFICE OF THE OMBUDSPERSON; 4. ASSISTANT OMBUDSPEOPLE. THE OMBUDSPERSON, WITH THE APPROVAL OF THE SECRETARY, MAY APPOINT ONE OR MORE ASSISTANT STATE CODE ENFORCEMENT OMBUDSPEOPLE TO ASSIST THE OMBUDSPERSON IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION. EACH SUCH ASSISTANT OMBUDSPERSON MUST BE AN ATTORNEY DULY AUTHORIZED TO PRACTICE LAW IN THE STATE OF NEW YORK OR MUST BE VERIFIED AS HAVING CERTIFICATION AS A CODE ENFORCEMENT OFFICIAL. 5. COMPLAINT SUBMISSION. THE OMBUDSPERSON, IN CONSULTATION WITH THE SECRETARY, SHALL DEVELOP A COMPLAINT PROCESS THAT PERMITS COMPLAINTS TO BE SUBMITTED ELECTRONICALLY THROUGH THE INTERNET, OVER THE PHONE, VIA FACSIMILE OR THROUGH REGULAR MAIL. 6. THE SECRETARY SHALL PROMULGATE RULES AND REGULATIONS WITH RESPECT TO A COMPLAINT INVESTIGATION AND REVIEW PROCESS BY THE OMBUDSPERSON THAT SHALL INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING FEATURES: A. UPON RECEIPT OF A COMPLAINT, THE OMBUDSPERSON SHALL DETERMINE WHETHER THERE ARE REASONABLE GROUNDS FOR AN INVESTIGATION. B. UPON COMPLETION OF AN INVESTIGATION, THE OMBUDSPERSON SHALL ISSUE A REPORT DETAILING THEIR FINDINGS, RECOMMENDATIONS FOR RESOLUTIONS, AND RECOMMENDATIONS FOR INTERVENTION BY THE SECRETARY, IF ANY. C. SHOULD THE LOCAL CODE ENFORCEMENT PROGRAM DECLINE TO ADOPT ANY OF THE OMBUDSPERSON'S RECOMMENDATIONS, THE OMBUDSPERSON SHALL NOTIFY THE SECRETARY AND INCLUDE THE REPORT WITH ANY ADDITIONAL RECOMMENDATIONS FOR INTERVENTION BY THE SECRETARY. 7. CONFLICT OF INTEREST. THE SECRETARY AND THE OMBUDSPERSON SHALL CONSIDER BOTH THE ORGANIZATIONAL AND INDIVIDUAL CONFLICTS OF INTEREST THAT MAY IMPACT THE EFFECTIVENESS AND CREDIBILITY OF THE WORK OF THE OFFICE OF THE STATE CODE ENFORCEMENT OMBUDSPERSON. ACCORDINGLY, BOTH THE SECRETARY AND THE OMBUDSPERSON SHALL BE RESPONSIBLE TO IDENTIFY ACTUAL AND POTENTIAL CONFLICTS AND, WHERE A CONFLICT HAS BEEN IDENTIFIED, REMOVE OR REMEDY SUCH CONFLICT. 8. REGULATIONS. THE SECRETARY, IN CONSULTATION WITH THE OMBUDSPERSON, IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. 9. ANNUAL REPORT. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, AND ANNUALLY THEREAFTER, THE OMBUDSPERSON SHALL SUBMIT TO S. 3606 4 THE GOVERNOR, THE SECRETARY OF STATE, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT AND MAKE SUCH REPORT AVAILABLE TO THE PUBLIC: A. DESCRIBING THE ACTIVITIES CARRIED OUT BY THE OFFICE OF THE STATE CODE ENFORCEMENT OMBUDSPERSON DURING THE PRIOR CALENDAR YEAR; B. CONTAINING AND ANALYZING DATA RELATING TO COMPLAINTS; C. EVALUATING THE PROBLEMS EXPERIENCED BY TENANTS AND OWNERS; D. CONTAINING RECOMMENDATIONS FOR APPROPRIATE STATE LEGISLATION; E. DESCRIBING BARRIERS THAT PREVENT THE OPTIMAL OPERATION OF THE OMBUDSPERSON PROGRAM; F. DESCRIBING ANY ORGANIZATIONAL CONFLICTS OF INTEREST IN THE OMBUD- SPERSON PROGRAM THAT HAVE BEEN IDENTIFIED AND THE STEPS TAKEN TO REMOVE OR REMEDY SUCH CONFLICTS; AND G. ANY OTHER MATTERS AS THE OMBUDSPERSON, IN CONSULTATION WITH THE SECRETARY, DETERMINES TO BE APPROPRIATE. § 4. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that section two of this act shall take effect on the sixtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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