senate Bill S5349

2015-2016 Legislative Session

Establishes the crime of making a terroristic threat against a police officer

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 16, 2016 referred to codes
delivered to assembly
passed senate
Jan 20, 2016 advanced to third reading
Jan 12, 2016 2nd report cal.
Jan 11, 2016 1st report cal.4
Jan 06, 2016 referred to veterans, homeland security and military affairs
returned to senate
died in assembly
Jun 15, 2015 referred to codes
delivered to assembly
passed senate
Jun 03, 2015 advanced to third reading
Jun 02, 2015 2nd report cal.
Jun 01, 2015 1st report cal.1090
May 13, 2015 referred to veterans, homeland security and military affairs

Co-Sponsors

view additional co-sponsors

S5349 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §490.21, Pen L

S5349 - Bill Texts

view summary

Establishes the crime of making a terroristic threat against a police officer; makes such crime a class C felony.

view sponsor memo
BILL NUMBER:S5349

TITLE OF BILL: An act to amend the penal law, in relation to establish-
ing the crime of making a terroristic threat against a police officer

PURPOSE:

This bill would establish the crime of making a terroristic threat
against a police officer.

SUMMARY OF PROVISIONS:

Section 1 amends the penal law to create a new section establishing the
crime of making a terroristic threat against a police officer. Making a
terroristic threat against a police officer is a class C felony.

Section 2 states this act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

JUSTIFICATION:

Under current law, making a terroristic threat against any individual is
a class D felony. This bill uses identical language from that section of
the penal law to create a heightened punishment, a class C felony, if
the victim of the terroristic threat is a police officer. Police offi-
cers are frequent targets of these threats, and in order to adequately
deter that activity, a heightened punishment for making a terroristic
threat against a police officer is necessary.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

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

                                  5349

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the penal law, in relation to establishing the crime  of
  making a terroristic threat against a police officer

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

  Section 1. The penal law is amended by adding a new section 490.21  to
read as follows:
S 490.21 MAKING A TERRORISTIC THREAT AGAINST A POLICE OFFICER.
  1.  A PERSON IS GUILTY OF MAKING A TERRORISTIC THREAT AGAINST A POLICE
OFFICER WHEN WITH INTENT TO INTIMIDATE OR COERCE A CIVILIAN  POPULATION,
INFLUENCE  THE  POLICY  OF A UNIT OF GOVERNMENT BY INTIMIDATION OR COER-
CION, OR AFFECT THE CONDUCT OF A UNIT OF GOVERNMENT BY MURDER,  ASSASSI-
NATION  OR  KIDNAPPING,  HE  OR  SHE  THREATENS TO COMMIT OR CAUSE TO BE
COMMITTED A SPECIFIED OFFENSE AGAINST A POLICE OFFICER AND THEREBY CAUS-
ES A REASONABLE EXPECTATION OR FEAR OF THE IMMINENT COMMISSION  OF  SUCH
OFFENSE AGAINST A POLICE OFFICER.
  2.  IT  SHALL  BE NO DEFENSE TO A PROSECUTION PURSUANT TO THIS SECTION
THAT THE DEFENDANT DID NOT HAVE THE INTENT OR CAPABILITY  OF  COMMITTING
THE  SPECIFIED  OFFENSE  OR THAT THE THREAT WAS NOT MADE TO A PERSON WHO
WAS A SUBJECT THEREOF.
  MAKING A TERRORISTIC THREAT AGAINST A POLICE  OFFICER  IS  A  CLASS  C
FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11015-01-5

assembly Bill A5325A

2015-2016 Legislative Session

Relates to certified school psychologists and programs for preschool children with handicapping conditions

download bill text pdf

Sponsored By

Current Bill Status - STRICKEN


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

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2015 enacting clause stricken
recommitted to higher education
Jun 15, 2015 amended on third reading 5325a
Mar 27, 2015 advanced to third reading cal.149
Mar 24, 2015 reported
Feb 18, 2015 referred to higher education

Bill Amendments

A5325
A5325A
A5325
A5325A

Co-Sponsors

A5325 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§4410 & 7605, Ed L

A5325 - Bill Texts

view summary

Relates to certified school psychologists and programs for preschool children with handicapping conditions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5325

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced  by M. of A. GLICK -- read once and referred to the Committee
  on Higher Education

AN ACT to amend the education  law,  in  relation  to  certified  school
  psychologists   and   special  education  services  and  programs  for
  preschool children with handicapping conditions; and providing for the
  repeal of such provisions upon expiration thereof

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

  Section  1. Paragraph d of subdivision 6 of section 4410 of the educa-
tion law, as added by chapter 581 of the laws of  2011,  is  amended  to
read as follows:
  d.  Notwithstanding  any  other  provision of law to the contrary, the
exemption in subdivision one of section seventy-six hundred five of this
chapter shall apply to persons employed IN  A  SALARIED  POSITION  by  a
center-based  program  approved  pursuant  to  subdivision  nine of this
section as  a  CERTIFIED  school  psychologist  to  provide  activities,
services  and use of the title psychologist to students enrolled in such
approved center-based program, AND  TO  CERTIFIED  SCHOOL  PSYCHOLOGISTS
EMPLOYED  IN  A  SALARIED POSITION BY AN APPROVED PROGRAM, WHICH PROGRAM
HAS BEEN APPROVED PURSUANT TO PARAGRAPH B OF SUBDIVISION  NINE  OF  THIS
SECTION  TO CONDUCT A MULTI-DISCIPLINARY EVALUATION OF A PRESCHOOL CHILD
HAVING OR SUSPECTED OF HAVING A DISABILITY WHERE AUTHORIZED BY PARAGRAPH
A OF SUBDIVISION SIX OF SECTION SIXTY-FIVE HUNDRED THREE-B OF THIS CHAP-
TER, EACH in the course of their employment.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after July 1, 2014, provided,
however that the provisions of this  act  shall  expire  and  be  deemed
repealed June 30, 2016.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07556-01-5

Co-Sponsors

A5325A - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§4410 & 7605, Ed L

A5325A - Bill Texts

view summary

Relates to certified school psychologists and programs for preschool children with handicapping conditions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5325--A
                                                        Cal. No. 149

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced  by  M.  of  A. GLICK, STIRPE, ORTIZ, JAFFEE -- read once and
  referred to the Committee on Higher Education -- reported from commit-
  tee, advanced to a  third  reading,  amended  and  ordered  reprinted,
  retaining its place on the order of third reading

AN  ACT  to  amend  the  education  law, in relation to certified school
  psychologists  and  special  education  services  and   programs   for
  preschool children with handicapping conditions; and providing for the
  repeal of such provisions upon expiration thereof

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

  Section 1. Paragraph d of subdivision 6 of section 4410 of the  educa-
tion  law,  as  added  by chapter 581 of the laws of 2011, is amended to
read as follows:
  d. Notwithstanding any other provision of law  to  the  contrary,  the
exemption in subdivision one of section seventy-six hundred five of this
chapter  shall  apply  to  persons  employed ON A FULL-TIME OR PART-TIME
SALARY BASIS, WHICH MAY INCLUDE ON AN HOURLY, WEEKLY, OR MONTHLY  BASIS,
by  a center-based program approved pursuant to subdivision nine of this
section as a school psychologist to provide activities, services and use
of the title psychologist to students enrolled in such approved  center-
based  program,  AND  TO  CERTIFIED  SCHOOL  PSYCHOLOGISTS EMPLOYED ON A
FULL-TIME OR PART-TIME SALARY BASIS, WHICH MAY  INCLUDE  ON  AN  HOURLY,
WEEKLY, OR MONTHLY BASIS, BY AN APPROVED PROGRAM, WHICH PROGRAM HAS BEEN
APPROVED PURSUANT TO PARAGRAPH B OF SUBDIVISION NINE OF THIS SECTION, OR
SUBDIVISION  NINE-A  OF  THIS  SECTION,  TO CONDUCT A MULTI-DISCIPLINARY
EVALUATION OF A PRESCHOOL CHILD HAVING OR SUSPECTED OF HAVING A DISABIL-
ITY, AND TO CERTIFIED SCHOOL PSYCHOLOGISTS EMPLOYED ON  A  FULL-TIME  OR
PART-TIME  SALARY  BASIS,  WHICH  MAY  INCLUDE  ON AN HOURLY, WEEKLY, OR
MONTHLY BASIS, BY AN AGENCY APPROVED IN ACCORDANCE WITH TITLE  TWO-A  OF
ARTICLE  TWENTY-FIVE  OF  THE  PUBLIC HEALTH LAW TO DELIVER EARLY INTER-
VENTION  PROGRAM  MULTIDISCIPLINARY  EVALUATIONS,  SERVICE  COORDINATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07556-05-5

A. 5325--A                          2

SERVICES  AND  EARLY  INTERVENTION PROGRAM SERVICES, WHERE AUTHORIZED BY
PARAGRAPH A OF SUBDIVISION SIX OF SECTION SIXTY-FIVE HUNDRED THREE-B  OF
THIS CHAPTER, EACH in the course of their employment.
  S  2.  Subdivision 1 of section 7605 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
  1. The activities, services, and use of the title of psychologist,  or
any  derivation  thereof,  on  the  part  of a person in the employ of a
federal, state, county or municipal agency, or other political  subdivi-
sion,  or  a chartered elementary or secondary school or degree-granting
educational institution insofar as such activities and  services  are  a
part  of  the duties of his salaried position OR ON THE PART OF A PERSON
IN THE EMPLOY ON A  FULL-TIME  OR  PART-TIME  SALARY  BASIS,  WHICH  MAY
INCLUDE  ON  AN HOURLY, WEEKLY, OR MONTHLY BASIS, OF A PRESCHOOL SPECIAL
EDUCATION PROGRAM APPROVED PURSUANT TO PARAGRAPH B OF  SUBDIVISION  NINE
OR  SUBDIVISION NINE-A OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER
TO PROVIDE ACTIVITIES, SERVICES AND TO USE THE TITLE  "CERTIFIED  SCHOOL
PSYCHOLOGIST",  SO LONG AS THIS SHALL NOT BE CONSTRUED TO PERMIT THE USE
OF THE TITLE "LICENSED  PSYCHOLOGIST",  TO  STUDENTS  ENROLLED  IN  SUCH
APPROVED  PROGRAM  OR  TO  CONDUCT  A  MULTIDISCIPLINARY EVALUATION OF A
PRESCHOOL CHILD HAVING OR SUSPECTED OF HAVING A DISABILITY, OR TO CERTI-
FIED SCHOOL PSYCHOLOGISTS EMPLOYED ON A FULL-TIME  OR  PART-TIME  SALARY
BASIS,  WHICH  MAY  INCLUDE ON AN HOURLY, WEEKLY OR MONTHLY BASIS, BY AN
AGENCY APPROVED IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF
THE PUBLIC HEALTH LAW TO DELIVER EARLY INTERVENTION PROGRAM  MULTIDISCI-
PLINARY  EVALUATIONS,  SERVICE  COORDINATION  SERVICES  AND EARLY INTER-
VENTION PROGRAM SERVICES, WHERE EACH SUCH  PRESCHOOL  SPECIAL  EDUCATION
PROGRAM OR EARLY INTERVENTION PROVIDER IS AUTHORIZED BY PARAGRAPH A OR B
OF  SUBDIVISION  SIX  OF SECTION SIXTY-FIVE HUNDRED THREE OF THIS TITLE,
EACH IN THE COURSE OF THEIR EMPLOYMENT.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after July 1, 2014, provided,
however that the provisions of this  act  shall  expire  and  be  deemed
repealed June 30, 2016.

assembly Bill A5325

2015-2016 Legislative Session

Relates to certified school psychologists and programs for preschool children with handicapping conditions

download bill text pdf

Sponsored By

Current Bill Status - STRICKEN


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

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2015 enacting clause stricken
recommitted to higher education
Jun 15, 2015 amended on third reading 5325a
Mar 27, 2015 advanced to third reading cal.149
Mar 24, 2015 reported
Feb 18, 2015 referred to higher education

Bill Amendments

A5325
A5325A
A5325
A5325A

Co-Sponsors

A5325 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§4410, Ed L

A5325 - Bill Texts

view summary

Relates to certified school psychologists and programs for preschool children with handicapping conditions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5325

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced  by M. of A. GLICK -- read once and referred to the Committee
  on Higher Education

AN ACT to amend the education  law,  in  relation  to  certified  school
  psychologists   and   special  education  services  and  programs  for
  preschool children with handicapping conditions; and providing for the
  repeal of such provisions upon expiration thereof

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

  Section  1. Paragraph d of subdivision 6 of section 4410 of the educa-
tion law, as added by chapter 581 of the laws of  2011,  is  amended  to
read as follows:
  d.  Notwithstanding  any  other  provision of law to the contrary, the
exemption in subdivision one of section seventy-six hundred five of this
chapter shall apply to persons employed IN  A  SALARIED  POSITION  by  a
center-based  program  approved  pursuant  to  subdivision  nine of this
section as  a  CERTIFIED  school  psychologist  to  provide  activities,
services  and use of the title psychologist to students enrolled in such
approved center-based program, AND  TO  CERTIFIED  SCHOOL  PSYCHOLOGISTS
EMPLOYED  IN  A  SALARIED POSITION BY AN APPROVED PROGRAM, WHICH PROGRAM
HAS BEEN APPROVED PURSUANT TO PARAGRAPH B OF SUBDIVISION  NINE  OF  THIS
SECTION  TO CONDUCT A MULTI-DISCIPLINARY EVALUATION OF A PRESCHOOL CHILD
HAVING OR SUSPECTED OF HAVING A DISABILITY WHERE AUTHORIZED BY PARAGRAPH
A OF SUBDIVISION SIX OF SECTION SIXTY-FIVE HUNDRED THREE-B OF THIS CHAP-
TER, EACH in the course of their employment.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after July 1, 2014, provided,
however that the provisions of this  act  shall  expire  and  be  deemed
repealed June 30, 2016.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07556-01-5

Co-Sponsors

A5325A - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§4410, Ed L

A5325A - Bill Texts

view summary

Relates to certified school psychologists and programs for preschool children with handicapping conditions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5325--A
                                                        Cal. No. 149

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced  by  M.  of  A. GLICK, STIRPE, ORTIZ, JAFFEE -- read once and
  referred to the Committee on Higher Education -- reported from commit-
  tee, advanced to a  third  reading,  amended  and  ordered  reprinted,
  retaining its place on the order of third reading

AN  ACT  to  amend  the  education  law, in relation to certified school
  psychologists  and  special  education  services  and   programs   for
  preschool children with handicapping conditions; and providing for the
  repeal of such provisions upon expiration thereof

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

  Section 1. Paragraph d of subdivision 6 of section 4410 of the  educa-
tion  law,  as  added  by chapter 581 of the laws of 2011, is amended to
read as follows:
  d. Notwithstanding any other provision of law  to  the  contrary,  the
exemption in subdivision one of section seventy-six hundred five of this
chapter  shall  apply  to  persons  employed ON A FULL-TIME OR PART-TIME
SALARY BASIS, WHICH MAY INCLUDE ON AN HOURLY, WEEKLY, OR MONTHLY  BASIS,
by  a center-based program approved pursuant to subdivision nine of this
section as a school psychologist to provide activities, services and use
of the title psychologist to students enrolled in such approved  center-
based  program,  AND  TO  CERTIFIED  SCHOOL  PSYCHOLOGISTS EMPLOYED ON A
FULL-TIME OR PART-TIME SALARY BASIS, WHICH MAY  INCLUDE  ON  AN  HOURLY,
WEEKLY, OR MONTHLY BASIS, BY AN APPROVED PROGRAM, WHICH PROGRAM HAS BEEN
APPROVED PURSUANT TO PARAGRAPH B OF SUBDIVISION NINE OF THIS SECTION, OR
SUBDIVISION  NINE-A  OF  THIS  SECTION,  TO CONDUCT A MULTI-DISCIPLINARY
EVALUATION OF A PRESCHOOL CHILD HAVING OR SUSPECTED OF HAVING A DISABIL-
ITY, AND TO CERTIFIED SCHOOL PSYCHOLOGISTS EMPLOYED ON  A  FULL-TIME  OR
PART-TIME  SALARY  BASIS,  WHICH  MAY  INCLUDE  ON AN HOURLY, WEEKLY, OR
MONTHLY BASIS, BY AN AGENCY APPROVED IN ACCORDANCE WITH TITLE  TWO-A  OF
ARTICLE  TWENTY-FIVE  OF  THE  PUBLIC HEALTH LAW TO DELIVER EARLY INTER-
VENTION  PROGRAM  MULTIDISCIPLINARY  EVALUATIONS,  SERVICE  COORDINATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07556-05-5

A. 5325--A                          2

SERVICES  AND  EARLY  INTERVENTION PROGRAM SERVICES, WHERE AUTHORIZED BY
PARAGRAPH A OF SUBDIVISION SIX OF SECTION SIXTY-FIVE HUNDRED THREE-B  OF
THIS CHAPTER, EACH in the course of their employment.
  S  2.  Subdivision 1 of section 7605 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
  1. The activities, services, and use of the title of psychologist,  or
any  derivation  thereof,  on  the  part  of a person in the employ of a
federal, state, county or municipal agency, or other political  subdivi-
sion,  or  a chartered elementary or secondary school or degree-granting
educational institution insofar as such activities and  services  are  a
part  of  the duties of his salaried position OR ON THE PART OF A PERSON
IN THE EMPLOY ON A  FULL-TIME  OR  PART-TIME  SALARY  BASIS,  WHICH  MAY
INCLUDE  ON  AN HOURLY, WEEKLY, OR MONTHLY BASIS, OF A PRESCHOOL SPECIAL
EDUCATION PROGRAM APPROVED PURSUANT TO PARAGRAPH B OF  SUBDIVISION  NINE
OR  SUBDIVISION NINE-A OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER
TO PROVIDE ACTIVITIES, SERVICES AND TO USE THE TITLE  "CERTIFIED  SCHOOL
PSYCHOLOGIST",  SO LONG AS THIS SHALL NOT BE CONSTRUED TO PERMIT THE USE
OF THE TITLE "LICENSED  PSYCHOLOGIST",  TO  STUDENTS  ENROLLED  IN  SUCH
APPROVED  PROGRAM  OR  TO  CONDUCT  A  MULTIDISCIPLINARY EVALUATION OF A
PRESCHOOL CHILD HAVING OR SUSPECTED OF HAVING A DISABILITY, OR TO CERTI-
FIED SCHOOL PSYCHOLOGISTS EMPLOYED ON A FULL-TIME  OR  PART-TIME  SALARY
BASIS,  WHICH  MAY  INCLUDE ON AN HOURLY, WEEKLY OR MONTHLY BASIS, BY AN
AGENCY APPROVED IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF
THE PUBLIC HEALTH LAW TO DELIVER EARLY INTERVENTION PROGRAM  MULTIDISCI-
PLINARY  EVALUATIONS,  SERVICE  COORDINATION  SERVICES  AND EARLY INTER-
VENTION PROGRAM SERVICES, WHERE EACH SUCH  PRESCHOOL  SPECIAL  EDUCATION
PROGRAM OR EARLY INTERVENTION PROVIDER IS AUTHORIZED BY PARAGRAPH A OR B
OF  SUBDIVISION  SIX  OF SECTION SIXTY-FIVE HUNDRED THREE OF THIS TITLE,
EACH IN THE COURSE OF THEIR EMPLOYMENT.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after July 1, 2014, provided,
however that the provisions of this  act  shall  expire  and  be  deemed
repealed June 30, 2016.

senate Bill S5296

2015-2016 Legislative Session

Relates to bank organization examinations

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 15, 2016 referred to banks
delivered to assembly
passed senate
Mar 08, 2016 advanced to third reading
Mar 07, 2016 2nd report cal.
Mar 02, 2016 1st report cal.314
Jan 06, 2016 referred to banks
returned to senate
died in assembly
Jun 15, 2015 referred to banks
delivered to assembly
passed senate
Jun 09, 2015 advanced to third reading
Jun 08, 2015 2nd report cal.
Jun 03, 2015 1st report cal.1329
May 12, 2015 referred to banks

S5296 - Bill Details

Current Committee:
Law Section:
Banking Law
Laws Affected:
Amd §36, Bank L

S5296 - Bill Texts

view summary

Relates to bank organization examinations; requires an extension from one year to eighteen months where a bank has total assets of less than one billion dollars.

view sponsor memo
BILL NUMBER:S5296

TITLE OF BILL:

An act to amend the banking law, in relation to examinations

PURPOSE:

Changes the interval and asset threshold for examinations of certain
banks by the Department of Financial Services

SUMMARY OF PROVISIONS:

Amends paragraph (b) of subdivision 2 of § 36 of the banking law extends
the examination period to once in 18 months for banks with assets of
less than $1 billion.

EXISTING LAW:

Current law allows the superintendent of DFS to extend the examination
interval from once each calendar year to at least once each eighteen
month period for banks with assets over $250 million.

JUSTIFICATION:

Community banks are facing challenges from increased regulatory and
technology demands. The thousands of pages of new federal regulations
from Dodd Frank apply to banks irrespective of size or their business
model. Community banks have additional costs and staff to respond to
compliance requirements. This increased regulatory burden reflected in
the continuing loss of community banks in New York State. From 1992 to
2011, the number if community banks in New York State has shrunk from
299 to 169. This trend has not dissipated. There is pressure to consol-
idate in part to achieve scale to meet compliance requirements in a
cost-effective manner.

This bill seeks to provide community banks under $1 billion in assets
(currently $250 million) with regulatory relief by extending the it
examination cycle from annually to 18 months. As a predicate to extend
the examination cycle, the bank must demonstrate it is well capitalized,
the most recent exam determined the bank was well managed and its
composite condition was outstanding or good, and there was no pending
enforcement proceeding.

This proposal will not only benefit community banks but also permit the
Department of Financial Services to deploy examiners more effectively.
There are protections to ensure that a problem banks does not receive a
six month extension of their review cycle.

LEGISLATIVE HISTORY:

2015 Session - New Legislation

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5296

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Banks

AN ACT to amend the banking law, in relation to examinations

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

  Section 1. Paragraph (b) of subdivision 2 of section 36 of the banking
law,  as  amended by chapter 464 of the laws of 2006, is amended to read
as follows:
  (b) the superintendent [may] SHALL  extend  the  examination  interval
from  at least once in each calendar year to at least once in each eigh-
teen month period if the banking organization to be examined:
  (1) has total assets of less than [two hundred fifty million  dollars]
ONE BILLION DOLLARS;
  (2)  is  well-capitalized,  which  for  purposes  of this paragraph is
defined as having capital which significantly exceeds the required mini-
mum level for each relevant capital measure or as having such capital as
the superintendent shall otherwise define by regulation;
  (3) at its most recent examination, was found to be  well-managed  and
its composite condition was found to be outstanding or good;
  (4)  is  not  currently  subject to a formal enforcement proceeding or
order by the superintendent, the federal deposit  insurance  corporation
or any other federal banking agency; and
  (5) has not been acquired by any person during the twelve month period
in which an examination would be required but for this paragraph, and
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10706-01-5