NY State Senate Bill 2021-S351

Senate Bill S351

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly 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
May 11, 2022	referred to veterans' affairs delivered to assembly passed senate
May 04, 2022	advanced to third reading
May 03, 2022	2nd report cal.
May 02, 2022	1st report cal.966
Jan 05, 2022	referred to veterans, homeland security and military affairs
Jan 06, 2021	referred to veterans, homeland security and military affairs

Votes

- May 11, 2022 - Floor Vote
  S351
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 11, 2022
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (1)
      
      Brouk
  May 2, 2022 - Veterans, Homeland Security And Military Affairs Committee Vote
  S351
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: May 2, 2022
      
      aye (9)
      
      Addabbo Jr.
      
      Brooks
      
      Harckham
      
      Jordan
      
      Reichlin-Melnick
      
      Ritchie
      
      Sanders Jr.
      
      Serrano
      
      Weik

co-Sponsors

View additional co-sponsors

2021-S351 (ACTIVE) - Details

Current Committee:: Assembly Veterans' Affairs
Law Section:: General Business Law
Laws Affected:: Add §397-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6414
2013-2014: S2962
2015-2016: S2495
2017-2018: S3072
2019-2020: S3106
2023-2024: S1811

2021-S351 (ACTIVE) - Summary

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

2021-S351 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S351

SPONSOR: ADDABBO
 
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 organ-
ization 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:

2019: S. 3106 - Passed Senate.
2020: S. 3106 - Referred to Senate Veterans, Homeland Security and Mili-
tary Affairs Committee.

 
FISCAL IMPLICATIONS:

None.

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

2021-S351 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    351
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. ADDABBO, JORDAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land Security and Military Affairs
 
 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:
   §  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
 CHARTERED BY THE UNITED STATES CONGRESS UNDER TITLE  36  OF  THE  UNITED
 STATES CODE.
   §  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.
                                                            LBD03618-01-1

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