NY State Senate Bill S532

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (31)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2022	approval memo.82 signed chap.797
Dec 16, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly
May 31, 2022	ordered to third reading rules cal.436 substituted for a276a
May 23, 2022	referred to governmental operations returned to assembly repassed senate
May 18, 2022	amended on third reading 532a
May 18, 2022	vote reconsidered - restored to third reading returned to senate recalled from assembly
Apr 27, 2022	referred to governmental operations delivered to assembly passed senate
Feb 14, 2022	advanced to third reading
Feb 09, 2022	2nd report cal.
Feb 08, 2022	1st report cal.452
Jan 05, 2022	referred to housing, construction and community development returned to senate died in assembly
May 10, 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.774
Feb 01, 2021	reported and committed to finance
Jan 06, 2021	referred to housing, construction and community development

Votes

view votes

May 23, 2022 - floor Vote

S532A

floor

Aye

Nay

Absent

Excused

Abstained

Apr 27, 2022 - floor Vote

S532

floor

Aye

Nay

Absent

Excused

Abstained

Feb 8, 2022 - Housing, Construction and Community Development committee Vote

S532

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 11, 2021 - floor Vote

S532

floor

Aye

Nay

Absent

Excused

Abstained

May 10, 2021 - floor Vote

S532

floor

Aye

Nay

Absent

Excused

Abstained

Apr 27, 2021 - Finance committee Vote

S532

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Feb 1, 2021 - Housing, Construction and Community Development committee Vote

S532

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Feb 1, 2021

aye (9)

nay (1)

Helming

aye wr (1)

Martucci

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S532 - Details

See Assembly Version of this Bill:: A276
Law Section:: Executive Law
Laws Affected:: Amd §376-a, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S7291, A9676

S532 - Summary

Relates to minimum standards for code enforcement personnel; requires the secretary of state to promulgate rules and regulations in relation to minimum standards for code enforcement personnel including requirements for training.

S532 - Sponsor Memo

 
BILL NUMBER: S532

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the executive law, in relation to minimum standards for
code enforcement personnel

 
PURPOSE:

Relates to minimum standards for code enforcement personnel

 
SUMMARY OF PROVISIONS:

This bill amends the authority of the secretary of state to promulgate
rules and regulations regarding code enforcement by making the issuance
mandatory instead of permissive. It additionally creates a timeline for
completion of the mandatory training for code enforcement personnel and
increases the annual continuing education required to maintain certif-
ication. Finally, the bill prohibits continued employment as code
enforcement personnel where the individual's certification has been

suspended or revoked unless the person has received an extension to
become active by the Secretary of State.

 
JUSTIFICATION:

On August 5, 2019, the Committees on Investigations and Government Oper-
ations and Housing, Construction, and Community Development, respective-
ly, released a report on code enforcement in New York State. The inves-
tigation concluded the lack of prioritization of code enforcement in
municipalities across the State is significantly contributing to the
culture of poor compliance that ultimately endangers the lives of resi-
dents and first responders.

The report found that the training and certification requirements of
code enforcement personnel were inadequate. It recommended creating a
defined period of time for code enforcement personnel to finish their
training and obtain certification, increasing the annual continuing
education hours, and prohibiting employment where code enforcement
personnel has lost their certification. This bill incorporates each of
those recommendations.

 
LEGISLATIVE HISTORY:

2020: S7291 Referred to Governmental Operations

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

S532 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    532
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. PERSAUD, SKOUFIS -- 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 minimum standards for
   code enforcement personnel

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of section 376-a of the executive law, as
 amended by chapter 468 of the laws  of  2017,  is  amended  to  read  as
 follows:
   2.  In addition to the functions, powers and duties otherwise provided
 by this article, the secretary of state [may] SHALL promulgate rules and
 regulations 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 FOUR  HUNDRED  SIXTY-EIGHT  of
 the  laws  of  two thousand seventeen [that amended this paragraph] from
 being ineligible without further training  or  examination  for  certif-
 ication 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03038-01-1

 S. 532                              2
 
   (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;
   (g) The requirements of minimum basic training which code  enforcement
 personnel  shall  complete in order to be eligible for continued employ-
 ment or permanent appointment, and the  time  within  which  such  basic
 training must be completed following such appointment, PROVIDED HOWEVER,
 THAT  ABSENT  A  WRITTEN  EXTENSION FROM THE SECRETARY OF STATE FOR GOOD
 CAUSE SHOWN, THE MINIMUM BASIC TRAINING REQUIREMENTS SHALL BE  COMPLETED
 WITHIN  NINETY  DAYS  FROM  THE  DATE OF APPOINTMENT FOR BUILDING SAFETY
 INSTRUCTORS AND WITHIN SIX MONTHS FROM THE DATE OF APPOINTMENT FOR  CODE
 ENFORCEMENT OFFICIALS;
   (h)  The  requirements  for  in-service  training programs designed to
 assist code  enforcement  personnel  in  maintaining  skills  and  being
 informed  of  technological  advances  WHICH SHALL INCLUDE (I) AN ANNUAL
 MINIMUM OF TEN HOURS FOR  BUILDING  SAFETY  INSTRUCTORS  AND  TWENTY-SIX
 HOURS  FOR  CODE  ENFORCEMENT  OFFICIALS,  AND (II) ONE HOUR OF ADVANCED
 IN-SERVICE TRAINING ON A MATTER DETERMINED ANNUALLY BY THE SECRETARY  OF
 STATE  RELATING  TO  CHANGES  IN LAW, ADVANCEMENTS IN CONSTRUCTION TECH-
 NIQUES, OR DETECTION AND REMEDIATION OF COMMON VIOLATIONS OF THE UNIFORM
 CODE AND/OR ENERGY CODE INCLUDING BUT NOT LIMITED TO  MOLD,  LEAD  PAINT
 ABATEMENT AND INFESTATIONS OF RODENTS AND OTHER PESTS;
   (i)  Categories  or  classifications  of  advanced in-service training
 programs and minimum courses of study and attendance  requirements  with
 respect to such categories or classifications;
   (j)  THE  PROHIBITION OF CONTINUED EMPLOYMENT OF AN INDIVIDUAL AS CODE
 ENFORCEMENT PERSONNEL WHOSE CERTIFICATION HAS BEEN SUSPENDED OR REVOKED,
 UNLESS SUCH INDIVIDUAL HAS RECEIVED AN EXTENSION TO  ACHIEVE  AN  ACTIVE
 CERTIFICATION  BY  THE  SECRETARY OF STATE UPON A SHOWING OF GOOD CAUSE.
 WHERE SUCH SUSPENSION OR REVOCATION IS THE RESULT OF FAILURE TO COMPLETE
 IN-SERVICE TRAINING PURSUANT TO PARAGRAPH (H) OF THIS  SUBDIVISION,  ANY
 ADVERSE  EMPLOYMENT  ACTION  SHALL  BE  BASED  ON  NEGLIGENT  FAILURE TO
 COMPLETE THE REQUIRED HOURS. NOTHING IN THIS SECTION SHALL BE DEEMED  TO
 DIMINISH THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY APPLICANT OR CURRENT
 OR  FORMER  EMPLOYEE  UNDER  ANY  OTHER  LAW  OR REGULATION OR UNDER ANY
 COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT; AND
   (K) 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 established and
 maintained by such county, city, town, or village are equal to or higher
 than those established pursuant to this article; or revocation 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[;].
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.

Co-Sponsors

S532A (ACTIVE) - Details

See Assembly Version of this Bill:: A276
Law Section:: Executive Law
Laws Affected:: Amd §376-a, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S7291, A9676

S532A (ACTIVE) - Summary

S532A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S532A

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the executive law, in relation to minimum standards for
code enforcement personnel

 
PURPOSE:

Relates to minimum standards for code enforcement personnel

 
SUMMARY OF PROVISIONS:

This bill amends the authority of the secretary of state to promulgate
rules and regulations regarding code enforcement by making the issuance
mandatory instead of permissive. It additionally creates a timeline for
completion of the mandatory training for code enforcement personnel and
increases the annual continuing education required to maintain certif-
ication. Finally, the bill prohibits continued employment as code
enforcement personnel where the individual's certification has been
suspended or revoked unless the person has received an extension to

become active by the Secretary of State.

 
JUSTIFICATION:

On August 5, 2019, the Committees on Investigations and Government Oper-
ations and Housing, Construction, and Community Development, respective-
ly, released a report on code enforcement in New York State. The inves-
tigation concluded the lack of prioritization of code enforcement in
municipalities across the State is significantly contributing to the
culture of poor compliance that ultimately endangers the lives of resi-
dents and first responders.

The report found that the training and certification requirements of
code enforcement personnel were inadequate. It recommended creating a
defined period of time for code enforcement personnel to finish their
training and obtain certification, increasing the annual continuing
education hours, and prohibiting employment where code enforcement
personnel has lost their certification. This bill incorporates each of
those recommendations.

 
LEGISLATIVE HISTORY:

2020: S7291 Referred to Governmental Operations

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determihed.

 
EFFECTIVE DATE:
This act shall take affect or the one hundred twentieth day after it
shall have become a law.

S532A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  532--A
     Cal. No. 452
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. PERSAUD, SKOUFIS, BIAGGI, KAVANAGH, MANNION, REICH-
   LIN-MELNICK, RIVERA -- read twice and ordered printed, and when print-
   ed to be committed to  the  Committee  on  Housing,  Construction  and
   Community  Development  --  recommitted  to  the Committee on Housing,
   Construction and Community Development in accordance with Senate  Rule
   6,  sec. 8 -- reported favorably from said committee, ordered to first
   and second report, ordered to a third reading, passed  by  Senate  and
   delivered  to  the  Assembly, recalled, vote reconsidered, restored to
   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 minimum standards for
   code enforcement personnel
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of section 376-a of the executive law, as
 amended by chapter 468 of the laws  of  2017,  is  amended  to  read  as
 follows:
   2.  In addition to the functions, powers and duties otherwise provided
 by this article, the secretary of state [may] SHALL promulgate rules and
 regulations 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03038-04-2
 S. 532--A                           2
 
 as of the effective date of [the] chapter FOUR  HUNDRED  SIXTY-EIGHT  of
 the  laws  of  two thousand seventeen [that amended this paragraph] from
 being ineligible without further training  or  examination  for  certif-
 ication 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;
   (g)  The requirements of minimum basic training which code enforcement
 personnel shall complete in order to be eligible for  continued  employ-
 ment  or  permanent  appointment,  and  the time within which such basic
 training must be completed following such appointment, PROVIDED HOWEVER,
 THAT ABSENT A WRITTEN EXTENSION FROM THE SECRETARY  OF  STATE  FOR  GOOD
 CAUSE  SHOWN, THE MINIMUM BASIC TRAINING REQUIREMENTS SHALL BE COMPLETED
 WITHIN SIX MONTHS FROM THE  DATE  OF  APPOINTMENT  FOR  BUILDING  SAFETY
 INSPECTORS  AND  WITHIN  TWELVE  MONTHS FROM THE DATE OF APPOINTMENT FOR
 CODE ENFORCEMENT OFFICIALS, PROVIDED  FURTHER  THAT  A  BUILDING  SAFETY
 INSPECTOR  MUST  COMPLETE  AT LEAST ONE-THIRD OF REQUIRED BASIC TRAINING
 COURSES PRIOR TO PERFORMING BUILDING SAFETY INSPECTOR ENFORCEMENT ACTIV-
 ITIES; AND A CODE ENFORCEMENT OFFICIAL MUST COMPLETE AT LEAST  ONE-SIXTH
 OF  REQUIRED  BASIC TRAINING COURSES PRIOR TO PERFORMING BUILDING SAFETY
 INSPECTOR  ENFORCEMENT  ACTIVITIES  AND  MUST  COMPLETE  TWO-THIRDS   OF
 REQUIRED  BASIC  TRAINING  COURSES  PRIOR TO PERFORMING CODE ENFORCEMENT
 OFFICIAL ENFORCEMENT ACTIVITIES;
   (h) The requirements for  in-service  training  programs  designed  to
 assist  code  enforcement  personnel  in  maintaining  skills  and being
 informed of technological advances WHICH SHALL INCLUDE AN ANNUAL MINIMUM
 OF TEN HOURS FOR BUILDING SAFETY INSPECTORS  AND  TWENTY-SIX  HOURS  FOR
 CODE  ENFORCEMENT  OFFICIALS,  AND  INCLUDE  TOPICS  ON  CHANGES IN LAW,
 ADVANCEMENTS IN CONSTRUCTION TECHNIQUES, OR DETECTION AND REMEDIATION OF
 COMMON VIOLATIONS OF THE UNIFORM CODE AND/OR ENERGY CODE;
   (i) Categories or  classifications  of  advanced  in-service  training
 programs  and  minimum courses of study and attendance requirements with
 respect to such categories or classifications;
   (j) THE PROHIBITION OF CONTINUED EMPLOYMENT OF AN INDIVIDUAL  AS  CODE
 ENFORCEMENT PERSONNEL WHOSE CERTIFICATION HAS BEEN SUSPENDED OR REVOKED,
 UNLESS  SUCH  INDIVIDUAL  HAS RECEIVED AN EXTENSION TO ACHIEVE AN ACTIVE
 CERTIFICATION BY THE SECRETARY OF STATE UPON A SHOWING  OF  GOOD  CAUSE.
 WHERE SUCH SUSPENSION OR REVOCATION IS THE RESULT OF FAILURE TO COMPLETE
 IN-SERVICE  TRAINING  PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION, ANY
 ADVERSE EMPLOYMENT  ACTION  SHALL  BE  BASED  ON  NEGLIGENT  FAILURE  TO
 COMPLETE  THE REQUIRED HOURS. NOTHING IN THIS SECTION SHALL BE DEEMED TO
 DIMINISH THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY APPLICANT OR CURRENT
 OR FORMER EMPLOYEE UNDER ANY  OTHER  LAW  OR  REGULATION  OR  UNDER  ANY
 COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT; AND
   (K)  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  established  and
 S. 532--A                           3
 
 maintained by such county, city, town, or village are equal to or higher
 than  those established pursuant to this article; or revocation 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[;].
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.

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The New York State Senate

senate Bill S532

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 23, 2022 - floor Vote

Floor Vote: May 23, 2022

Apr 27, 2022 - floor Vote

Floor Vote: Apr 27, 2022

Feb 8, 2022 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Feb 8, 2022

May 11, 2021 - floor Vote

Floor Vote: May 11, 2021

May 10, 2021 - floor Vote

Floor Vote: May 10, 2021

Apr 27, 2021 - Finance committee Vote

Finance Committee Vote: Apr 27, 2021

Feb 1, 2021 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Feb 1, 2021

Bill Amendments

Co-Sponsors

S532 - Details

S532 - Summary

S532 - Sponsor Memo

S532 - Bill Text download pdf

Co-Sponsors

S532A (ACTIVE) - Details

S532A (ACTIVE) - Summary

S532A (ACTIVE) - Sponsor Memo

S532A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S532

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 23, 2022 - floor Vote

Floor Vote: May 23, 2022

Apr 27, 2022 - floor Vote

Floor Vote: Apr 27, 2022

Feb 8, 2022 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Feb 8, 2022

May 11, 2021 - floor Vote

Floor Vote: May 11, 2021

May 10, 2021 - floor Vote

Floor Vote: May 10, 2021

Apr 27, 2021 - Finance committee Vote

Finance Committee Vote: Apr 27, 2021

Feb 1, 2021 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Feb 1, 2021

Bill Amendments

Co-Sponsors

S532 - Details

S532 - Summary

S532 - Sponsor Memo

S532 - Bill Text download pdf

Co-Sponsors

S532A (ACTIVE) - Details

S532A (ACTIVE) - Summary

S532A (ACTIVE) - Sponsor Memo

S532A (ACTIVE) - Bill Text download pdf

Comments