senate Bill S570

2015-2016 Legislative Session

Relates to procedures for change of enrollment

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Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to elections
Jan 07, 2015 referred to elections

Co-Sponsors

S570 - Bill Details

See Assembly Version of this Bill:
A5777
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §5-304, El L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S213, A2017
2011-2012: S56, A5928
2009-2010: S4543, A408

S570 - Bill Texts

view summary

Amends procedures for change of party enrollment to require postmark 25 days prior to a primary, general or special election.

view sponsor memo
BILL NUMBER: S570

TITLE OF BILL : An act to amend the election law, in relation to
change of enrollment

PURPOSE : Under current law, when a registered voter seeks to change
his/her party enrollment to a different party, enroll in a party (when
not previously enrolled in any party), or to end his/her enrollment in
a party, the effective change of that enrollment is deferred until the
first Tuesday following the general election. As a result, voters
wishing to make such changes of enrollment may have to wait as long as
thirteen months to see their changes of enrollment take effect. Under
this bill, changes of enrollment would take effect twenty-five (25)
days after such changes were applied for. This new timeframe would
coincide with the deadlines for voter registration thus simplifying
the process for both voters and county boards of elections.

SUMMARY OF PROVISIONS :

Section 1 amends Subdivision 3 of Section 5-304 of the election law to
make changes of enrollment effective twenty-five (25) days after they
are applied for. Section 2 sets the effective date.

JUSTIFICATION : Of paramount importance in a democratic society is
not just to be able to vote for the candidate of one's choice but also
to be able to select the candidates who appear on the ballot. In fact,
in many instances this selection is more significant than the general
election itself. In New York, voters get to partake in this selection
process by means of primary elections. Unfortunately, many voters
discover that they are unable to vote in the party primary of their
choice because they are not enrolled in the party whose primary they
wish to vote in.

Voters who seek changes of enrollment discover that such changes would
not be effective until after the November elections, not in time to be
able to vote in the Presidential Primaries themselves. For example,
voters who wished to change their party enrollment for any of the 2012
elections (including the April Presidential primary, the September
primary or the November election) would have had to apply for a change
of enrollment in early October of 2011, six months before the
Presidential primary. Voters who wished to change their party
enrollment so that they could vote in the 2012 September primary would
have also had to apply for a change of enrollment in early October of
2011, eleven months before the September primary.

This bill would ensure that voters are fully able to partake in all
steps of the electoral process; including the candidate selection
process.

LEGISLATIVE HISTORY : 2013-2014: S213/A2017 - REFERRED TO
ELECTIONS/referred to election law 2011-2012: S56/A5928 - COMMITTEE
DISCHARGED AND COMMITTED TO RULES/referred to election law 2009-2010:
S4543/A408 - REFERRED TO ELECTIONS/referred to election law 2007-2008:
A8035 - referred to election law 2005-2006: A1829 (Grannis) - referred
to election law 2003-2004: A711 (Grannis) - referred to election law
2001-2002: A7041-A (Grannis)- referred to election law

FISCAL IMPACT ON THE STATE : None.

EFFECTIVE DATE : This act shall take effect sixty days after it
shall have become a law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   570

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the election law, in relation to change of enrollment

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

  Section  1.  Subdivision  3  of  section 5-304 of the election law, as
amended by chapter 90 of the  laws  of  1991,  is  amended  to  read  as
follows:
  3.  A change of enrollment received by the board of elections, SHOWING
A DATED CANCELLATION MARK  OF  THE  UNITED  STATES  POSTAL  SERVICE,  OR
CONTAINED IN AN ENVELOPE SHOWING SUCH A DATED CANCELLATION MARK WHICH IS
DATED  not  later than the twenty-fifth day before the [general election
shall be deposited in a sealed enrollment box, which shall not be opened
until the first Tuesday following such general election. Such change  of
enrollment  shall  be then removed and entered as provided in this arti-
cle] NEXT ENSUING PRIMARY, GENERAL, OR SPECIAL ELECTION, AND RECEIVED NO
LATER THAN THE TWENTIETH DAY  BEFORE  SUCH  ELECTION,  OR  DELIVERED  IN
PERSON  TO  SUCH  COUNTY BOARD OF ELECTIONS NOT LATER THAN THE TENTH DAY
BEFORE A SPECIAL ELECTION, SHALL HAVE SUCH CHANGE OF  ENROLLMENT  EFFEC-
TIVE  FOR SUCH ELECTION. ENROLLMENT CHANGES SHALL BE ENTERED AS PROVIDED
IN THIS ARTICLE AND WILL BE DEEMED TO TAKE EFFECT  ON  THE  TWENTY-FIFTH
DAY  AFTER  SUCH  CHANGE  OF  ENROLLMENT  IS  RECEIVED  BY  THE BOARD OF
ELECTIONS OR IF THE CHANGE OF ENROLLMENT, OR THE ENVELOPE CONTAINING IT,
BEARS A DATED CANCELLATION MARK OF THE  UNITED  STATES  POSTAL  SERVICE,
SUCH  CHANGE  SHALL  BE ENTERED AND WILL BE DEEMED TO TAKE EFFECT ON THE
TWENTY-FIFTH DAY AFTER THE DATE OF  SUCH  MARK,  WHICHEVER  IS  EARLIER;
EXCEPT  THAT  NO  CHANGE  WILL TAKE EFFECT SOONER THAN THE TWENTIETH DAY
AFTER THE RECEIPT OF SUCH CHANGE OF ENROLLMENT BY THE BOARD OF ELECTIONS
EXCEPT WITH REGARD TO SPECIAL ELECTIONS AS PROVIDED IN THIS SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00967-01-5

S. 570                              2

  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

senate Bill S571

2015-2016 Legislative Session

Limits the re-sale price of tickets to charitable events and criminalizing violations of the limitation

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to investigations and government operations
Jan 07, 2015 referred to investigations and government operations

Co-Sponsors

view additional co-sponsors

S571 - Bill Details

See Assembly Version of this Bill:
A8508
Current Committee:
Senate Investigations And Government Operations
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Add §25.06, Arts & Cul L
Versions Introduced in 2013-2014 Legislative Session:
S838, A9637

S571 - Bill Texts

view summary

Limits the re-sale price of tickets to charitable events and criminalizes violations of the limitation.

view sponsor memo
BILL NUMBER: S571

TITLE OF BILL : An act to amend the arts and cultural affairs law,
in relation to limiting the re-sale price of tickets to charitable
events and criminalizing violations of the limitation

PURPOSE :

To prevent the resale of tickets to events benefiting not-for-profit
organizations from being sold for a price higher than the established
price printed on the ticket.

SUMMARY OF PROVISIONS :

Section 1 adds a new Section 25.06 to the arts and cultural affairs
law.

The provisions of the new section:

* Require that every operator of a place of entertainment print on the
face of tickets to events for which revenue is dedicated to a charity
or not-for-profit cause that the established price is the maximum
price at which such ticket can be resold.

* Make it unlawful to resell or offer to resell a ticket for a price
higher than the established price to an event for which revenue is
dedicated to a charity or not-for-profit cause.

* Establish that anyone found guilty of reselling a ticket to an event
for which revenue is dedicated to a charity or not-for-profit cause
shall be guilty of a misdemeanor punishable by terms of imprisonment
not to exceed one year or by a fine not to exceed seven hundred fifty
dollars on the first conviction; one thousand five hundred dollars on
the second conviction; and two thousand dollars, on each subsequent
conviction or by both such fine and imprisonment.

JUSTIFICATION :

Entertainment events from which significant ticket revenue is
dedicated to not-for-profit organizations generate large amounts of
money for important and sometimes urgent causes.

Some individuals and organizations are making significant profit from
reselling these tickets, meant for charitable causes, at greatly
inflated prices. Money generated by ticket sales from these events is
meant to go to the designated not-for-profit organizations and to
defray the costs associated with putting on the shows, not to those
that can resell the tickets to the highest bidder.

This bill would make sure that any revenue gained from ticket sales
for charitable events stays where it is intended -- with the charity
or not for profit.

LEGISLATIVE HISTORY :

2013-2014: S838/A9637 - REFERRED TO INVESTIGATIONS AND GOVERNMENT
OPERATIONS

FISCAL IMPLICATIONS :

This bill would have no significant fiscal impact.

EFFECTIVE DATE :
This act shall take effect forty five days after it has become law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   571

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the arts and cultural affairs law, in relation to limit-
  ing the re-sale price of tickets to charitable events and  criminaliz-
  ing violations of the limitation

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

  Section 1. The arts and cultural affairs law is amended  by  adding  a
new section 25.06 to read as follows:
  S  25.06. TICKET SPECULATORS; CHARITABLE OR NOT-FOR-PROFIT EVENTS.  1.
EVERY OPERATOR OF A PLACE OF ENTERTAINMENT SHALL, IF A PRICE BE  CHARGED
FOR   ADMISSION  THERETO  FOR  ENTERTAINMENT  DEDICATED  TO  CHARITY  OR
NOT-FOR-PROFIT CAUSE, PRINT OR ENDORSE ON THE FACE OF EACH  SUCH  TICKET
THE  ESTABLISHED  PRICE,  OR  THE FINAL AUCTION PRICE IF SUCH TICKET WAS
SOLD OR RESOLD BY AUCTION THROUGH THE OPERATOR OR ITS AGENT.  EACH  SUCH
OPERATOR  SHALL ALSO BE REQUIRED TO PRINT OR ENDORSE ON EACH TICKET THAT
THE ESTABLISHED PRICE IS THE MAXIMUM PRICE AT WHICH SUCH TICKET OR OTHER
EVIDENCE OF THE RIGHT OF ENTRY MAY BE RESOLD OR OFFERED FOR RESALE IF AN
EVENT GENERATES TICKET SALES REVENUE DEDICATED TO A CHARITY OR  NOT-FOR-
PROFIT  CAUSE.  IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION
TO RESELL OR OFFER TO RESELL ANY TICKET OR OTHER EVIDENCE  OF  RIGHT  OF
ENTRY  TO  ANY  PLACE OF ENTERTAINMENT IF AN EVENT GENERATES TICKET SALE
REVENUE DEDICATED TO A CHARITY OR NOT-FOR-PROFIT CAUSE FOR MORE THAN THE
ESTABLISHED PRICE.
  2. A. ANY PERSON, FIRM OR CORPORATION WHICH, IN VIOLATION OF  SUBDIVI-
SION  ONE  OF  THIS  SECTION, UNLAWFULLY RESELLS, OR OFFERS TO RESELL, A
TICKET TO AN EVENT THAT GENERATES TICKET SALE  REVENUE  DEDICATED  TO  A
CHARITY  OR  NOT-FOR-PROFIT  CAUSE  AT  A PRICE THAT EXCEEDS THE MAXIMUM
PRICE AT WHICH SUCH TICKET MAY BE RESOLD OR OFFERED FOR RESALE SHALL  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00170-01-5

S. 571                              2

GUILTY  OF  A  MISDEMEANOR  PUNISHABLE  BY A TERM OF IMPRISONMENT NOT TO
EXCEED ONE YEAR OR BY A FINE NOT TO EXCEED SEVEN HUNDRED  FIFTY  DOLLARS
ON THE FIRST CONVICTION; ONE THOUSAND FIVE HUNDRED DOLLARS ON THE SECOND
CONVICTION;  AND  TWO THOUSAND DOLLARS, ON EACH SUBSEQUENT CONVICTION OR
BY BOTH SUCH FINE AND IMPRISONMENT.
  B. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, WHEN THE FINES
INCLUDED IN THIS SECTION ARE IMPOSED ON A  FIRM,  CORPORATION  OR  OTHER
ENTITY  THAT  IS NOT A SINGLE PERSON, SUCH FINES MAY BE IMPOSED AT UP TO
TWO TIMES THE AMOUNT OTHERWISE  ALLOWED,  OR,  WHERE  APPLICABLE,  THREE
TIMES THE AMOUNT OF THE DEFENDANT'S GAIN.
  3.  AS USED IN THIS SECTION THE TERM: A. "ENTERTAINMENT DEDICATED TO A
CHARITY OR  NOT-FOR-PROFIT  CAUSE"  MEANS  ALL  FORMS  OF  ENTERTAINMENT
INCLUDING,  BUT  NOT  LIMITED  TO,  THEATRICAL OR OPERATIC PERFORMANCES,
CONCERTS, MOTION PICTURES, ALL FORMS OF ENTERTAINMENT AT  FAIR  GROUNDS,
AMUSEMENT  PARKS  AND ALL TYPES OF ATHLETIC COMPETITIONS INCLUDING FOOT-
BALL, BASKETBALL, BASEBALL, BOXING, TENNIS, HOCKEY, AND ANY OTHER SPORT,
AND ALL OTHER FORMS OF DIVERSION, RECREATION OR SHOW FROM WHICH  SIGNIF-
ICANT REVENUE IS DESIGNATED FOR A NOT-FOR-PROFIT ORGANIZATION AS DEFINED
IN PARAGRAPH D OF THIS SUBDIVISION; AND
  B.  "ESTABLISHED  PRICE"  MEANS THE PRICE FIXED AT THE TIME OF SALE BY
THE OPERATOR OF ANY PLACE OF ENTERTAINMENT FOR ADMISSION THERETO,  WHICH
MUST BE PRINTED OR ENDORSED ON EACH TICKET OF ADMISSION;
  C. "FINAL AUCTION PRICE" SHALL MEAN THE PRICE PAID FOR A SINGLE TICKET
BY  A  WINNING BIDDER. IN THE CASE OF A SINGLE ACTION PRICE FOR A TICKET
PACKAGE, INCLUDING PACKAGES CONTAINING TICKETS TO MULTIPLE  EVENTS,  THE
FINAL AUCTION PRICE PER TICKET SHALL BE ESTABLISHED BY EVENLY DIVIDING A
PRORATED  SHARE  OF  THE  WINNING  BID, WHICH SHALL BE DETERMINED BY THE
SELLER, BY THE NUMBER OF TICKETS TO SUCH EVENT;
  D. "NOT-FOR-PROFIT ORGANIZATION" MEANS A DOMESTIC CORPORATION INCORPO-
RATED PURSUANT TO OR OTHERWISE SUBJECT TO THE NOT-FOR-PROFIT CORPORATION
LAW, A CHARITABLE ORGANIZATION REGISTERED WITH THE DEPARTMENT OF LAW,  A
RELIGIOUS  CORPORATION  AS  DEFINED  IN SECTION SIXTY-SIX OF THE GENERAL
CONSTRUCTION LAW, A TRUSTEE AS DEFINED IN SECTION 8-1.4 OF THE  ESTATES,
POWERS  AND TRUSTS LAW, AN INSTITUTION OR CORPORATION FORMED PURSUANT TO
THE EDUCATION LAW, A SPECIAL ACT CORPORATION CREATED PURSUANT TO CHAPTER
FOUR HUNDRED SIXTY-EIGHT OF THE LAWS OF EIGHTEEN HUNDRED NINETY-NINE, AS
AMENDED, A SPECIAL  ACT  CORPORATION  FORMED  PURSUANT  TO  CHAPTER  TWO
HUNDRED FIFTY-SIX OF THE LAWS OF NINETEEN HUNDRED SEVENTEEN, AS AMENDED,
A CORPORATION AUTHORIZED PURSUANT TO AN ACT OF CONGRESS APPROVED JANUARY
FIFTH,  NINETEEN HUNDRED FIVE, (33 STAT. 599), AS AMENDED, A CORPORATION
ESTABLISHED BY MERGER OF CHARITABLE ORGANIZATIONS PURSUANT TO  AN  ORDER
OF  THE SUPREME COURT, NEW YORK COUNTY DATED JULY TWENTY-FIRST, NINETEEN
HUNDRED EIGHTY-SIX AND FILED IN THE DEPARTMENT OF STATE ON JULY  TWENTY-
NINTH,  NINETEEN  HUNDRED EIGHTY-SIX, OR A CORPORATION HAVING TAX EXEMPT
STATUS UNDER SECTION 501 (C) (3) OF THE UNITED STATES  INTERNAL  REVENUE
CODE,  AND SHALL FURTHER BE DEEMED TO MEAN AND INCLUDE ANY FEDERATION OF
CHARITABLE ORGANIZATIONS.
  E. "OPERATOR" MEANS ANY PERSON WHO OWNS, OPERATES, OR CONTROLS A PLACE
OF ENTERTAINMENT OR WHO PROMOTES OR PRODUCES AN ENTERTAINMENT;
  F. "PLACE OF ENTERTAINMENT" MEANS ANY PRIVATELY OR PUBLICLY OWNED  AND
OPERATED ENTERTAINMENT FACILITY SUCH AS A THEATRE, STADIUM, ARENA, RACE-
TRACK,  MUSEUM,  AMUSEMENT  PARK,  OR  OTHER  PLACE  WHERE PERFORMANCES,
CONCERTS, EXHIBITS, ATHLETIC GAMES OR CONTESTS ARE  HELD  FOR  WHICH  AN
ENTRY FEE IS CHARGED;
  G.  "RESALE"  MEANS  ANY  SALE  OF A TICKET FOR ENTRANCE TO A PLACE OF
ENTERTAINMENT LOCATED WITHIN THE BOUNDARIES OF THE  STATE  OF  NEW  YORK

S. 571                              3

OTHER  THAN  A  SALE  BY  THE  OPERATOR  OR  THE OPERATOR'S AGENT WHO IS
EXPRESSLY AUTHORIZED TO MAKE FIRST SALES OF SUCH TICKETS.  RESALE  SHALL
INCLUDE  SALES  BY  ANY MEANS, INCLUDING IN PERSON, OR BY MEANS OF TELE-
PHONE, MAIL, DELIVERY SERVICE, FACSIMILE, INTERNET, EMAIL OR OTHER ELEC-
TRONIC  MEANS,  WHERE THE VENUE FOR WHICH THE TICKET GRANTS ADMISSION IS
LOCATED IN NEW YORK STATE.  EXCEPT AS PROVIDED IN SECTION 25.11 OF  THIS
ARTICLE, THE TERM "RESALE" SHALL NOT APPLY TO ANY PERSON, FIRM OR CORPO-
RATION  WHICH  PURCHASES ANY TICKETS SOLELY FOR THEIR OWN USE OR THE USE
OF THEIR INVITEES, EMPLOYEES AND AGENTS OR WHICH  PURCHASES  TICKETS  ON
BEHALF  OF  OTHERS  AND RESELLS SUCH TICKETS TO SUCH INVITEES, EMPLOYEES
AND AGENTS OR OTHERS AT OR LESS THAN THE ESTABLISHED  PRICE.  SIMILARLY,
THE TERM "RESALE" SHALL NOT APPLY TO ANY NOT-FOR-PROFIT ORGANIZATION, OR
PERSON  ACTING ON BEHALF OF SUCH NOT-FOR-PROFIT ORGANIZATION, AS LONG AS
ANY PROFIT REALIZED FROM TICKET RESELLING IS  WHOLLY  DEDICATED  TO  THE
PURPOSES OF SUCH NOT-FOR-PROFIT ORGANIZATION; AND
  H.  "TICKET"  MEANS ANY EVIDENCE OF THE RIGHT OF ENTRY TO ANY PLACE OF
ENTERTAINMENT.
  S 2. This act shall take effect on the forty-fifth day after it  shall
have become a law.

senate Bill S572

2015-2016 Legislative Session

Relates to payment of independent contractors

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to labor
Jan 07, 2015 referred to labor

Co-Sponsors

S572 - Bill Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §§196-b & 196-c, Lab L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S232
2011-2012: S630
2009-2010: A11520

S572 - Bill Texts

view summary

Relates to payment of independent contractors and authorizes the department of labor to investigate complaints, make claims for compensation, assess liquid damages, civil penalties and criminal penalties, and authorizes the award of attorney fees and liquidated damages.

view sponsor memo
BILL NUMBER: S572

TITLE OF BILL : An act to amend the labor law, in relation to
independent contractors

PURPOSE :

To grant the Department of Labor greater oversight over employment
contracts involving independent contractors, to afford them the same
compensation guarantees as traditional employees.

SUMMARY OF PROVISIONS :

The labor law is amended by adding two new sections, 196 b & c. 196-b:
Adds definitions for "Compensation," "Independent Contractor" and
"Client," etc. 196-c:

* Requires independent contractors to be compensated for their work
within a reasonable amount of time, in accordance with a written
agreement.

* Requires work terms to be defined in a written contract and held by
the client for no less than 6 years.

* Empowers the Commissioner of the Department of Labor to take action
to pursue violations of written agreements and recoup unpaid
compensation owed to independent contractors.

* Explains rights of independent contractors to file complaints about
contract violations.

* Provides that the Department of Labor must provide independent
contractors with continuation of their filed complaints with an
explanation of actions to be taken on their behalf, and detail the
outcomes of actions taken on their behalf, including the amount
awarded for unpaid compensation.

* Sets forth penalties for violations of this section.

JUSTIFICATION :

Since the original enactment of the labor law regulations the
workforce composition of New York State has changed significantly.
The modern economy has led to the rise of individual workers
considered "independent contractors" or "freelancers." An independent
contractor, as defined by this legislation, is a sole proprietor who
is not an employee and who is hired or retained by a client for an
amount equal to or greater than six hundred dollars (the threshold for
which a company or person must provide a form 1099 to the U.S.
Internal Revenue Service).

These people often participate in work alongside traditional
employees, yet they are not afforded the same protections under the
law as their traditionally employed counterparts. They are especially
vulnerable because their compensation is not guaranteed under the
labor law, and their main forum for relief is to go to small claims
court. This bill seeks to correct that by amending the labor law to
extend protection to this population of workers. A recent survey of
3000 independent contractors revealed that they spent 17,000 hours
pursuing $3 million dollars in owed compensation. This indicates not
only the disproportionate burden placed on these individuals to
collect payments that are rightfully theirs, but also illustrates how
much productivity is lost because independent contractors are forced
to spend time pursuing compensation when they could be performing
valuable and constructive work activity.

LEGISLATIVE HISTORY :

2011:S630 - REFERRED TO LABOR
2012:S630 - REFERRED TO LABOR
2013:S232 - REFERRED TO LABOR
2014:S232 - REFERRED TO LABOR

FISCAL IMPLICATIONS :

To be determined.

EFFECTIVE DATE :
This act shall take effect immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   572

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the labor law, in relation to independent contractors

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

  Section  1.  The labor law is amended by adding two new sections 196-b
and 196-c to read as follows:
  S 196-B. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE THE TERM:
  1. "COMPENSATION" MEANS THE EARNINGS  OF  AN  INDEPENDENT  CONTRACTOR.
THE TERM "COMPENSATION" ALSO INCLUDES REIMBURSEMENT FOR EXPENSES.
  2.  "INDEPENDENT  CONTRACTOR"  MEANS  A  SOLE PROPRIETOR WHO IS NOT AN
EMPLOYEE AND WHO IS HIRED OR RETAINED BY A CLIENT FOR AN AMOUNT EQUAL TO
OR GREATER THAN SIX HUNDRED DOLLARS.
  3. "CLIENT" INCLUDES A CORPORATION, LIMITED LIABILITY  COMPANY,  PART-
NERSHIP,  ASSOCIATION  OR NON-PROFITMAKING ORGANIZATION CONTRACTING WITH
AN INDEPENDENT CONTRACTOR IN ANY OCCUPATION, INDUSTRY,  TRADE,  BUSINESS
OR  SERVICE  FOR  COMPENSATION  EQUAL  TO  OR  GREATER  THAN SIX HUNDRED
DOLLARS.  THE TERM "CLIENT" SHALL NOT  INCLUDE  A  GOVERNMENTAL  ENTITY,
INCLUDING  BUT NOT LIMITED TO, ANY AGENCY, BOARD, DEPARTMENT, COMMISSION
OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF; AND CLIENT SHALL  NOT
INCLUDE  A PERSON. THE TERM "CLIENT" SHALL NOT INCLUDE OWNERS OF ONE AND
TWO-FAMILY DWELLINGS.
  S  196-C.  PAYMENT  OF  INDEPENDENT  CONTRACTORS.  1.  AN  INDEPENDENT
CONTRACTOR  SHALL BE PAID THE COMPENSATION EARNED IN ACCORDANCE WITH THE
AGREED WORK TERMS BUT NOT LATER THAN THE LAST DAY OF THE MONTH FOLLOWING
THE MONTH IN WHICH THE COMPENSATION IS EARNED.  THE  AGREED  WORK  TERMS
SHALL BE REDUCED IN WRITING, SIGNED BY BOTH THE CLIENT AND THE INDEPEND-
ENT CONTRACTOR, KEPT ON FILE BY THE CLIENT FOR A PERIOD OF NOT LESS THAN
SIX  YEARS  AND  MADE  AVAILABLE  TO THE COMMISSIONER UPON REQUEST. SUCH
WRITING SHALL INCLUDE A DESCRIPTION OF HOW COMPENSATION EARNED AND PAYA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01065-01-5

S. 572                              2

BLE SHALL BE CALCULATED. THE FAILURE OF A CLIENT TO PRODUCE SUCH WRITTEN
WORK TERMS, UPON REQUEST OF THE  COMMISSIONER,  SHALL  GIVE  RISE  TO  A
PRESUMPTION THAT THE TERMS THAT THE INDEPENDENT CONTRACTOR HAS PRESENTED
ARE THE AGREED TERMS.
  2.  THE COMMISSIONER SHALL INVESTIGATE AND ATTEMPT TO ADJUST EQUITABLY
CONTROVERSIES BETWEEN CLIENTS AND INDEPENDENT  CONTRACTORS  RELATING  TO
THIS SECTION.
  3. THE COMMISSIONER MAY TAKE ASSIGNMENTS OF CLAIMS FOR COMPENSATION AS
DEFINED  IN  SECTION ONE HUNDRED NINETY-SIX-B OF THIS ARTICLE FROM INDE-
PENDENT CONTRACTORS OR THIRD  PARTIES  IN  TRUST  FOR  SUCH  INDEPENDENT
CONTRACTORS  OR  FOR THE VARIOUS FUNDS FOR SUCH INDEPENDENT CONTRACTORS.
ALL SUCH ASSIGNMENTS SHALL RUN TO THE COMMISSIONER AND HIS SUCCESSOR  IN
OFFICE.  THE  COMMISSIONER MAY SUE COMPANIES ON COMPENSATION CLAIMS THUS
ASSIGNED. HE MAY JOIN IN A SINGLE  ACTION  ANY  NUMBER  OF  COMPENSATION
CLAIMS AGAINST THE SAME COMPANY.
  4.  ANY  INDEPENDENT  CONTRACTOR  MAY  FILE  WITH  THE  COMMISSIONER A
COMPLAINT REGARDING A VIOLATION OF THIS ARTICLE FOR AN INVESTIGATION  OF
SUCH  COMPLAINT  AND  STATEMENT  SETTING THE APPROPRIATE REMEDY, IF ANY.
FAILURE OF A CLIENT TO KEEP ADEQUATE RECORDS SHALL NOT OPERATE AS A  BAR
TO  FILING  OF A COMPLAINT BY AN INDEPENDENT CONTRACTOR.  IN SUCH A CASE
THE CLIENT IN VIOLATION SHALL  BEAR  THE  BURDEN  OF  PROVING  THAT  THE
COMPLAINING INDEPENDENT CONTRACTOR WAS PAID COMPENSATION.
  5.  ON BEHALF OF ANY INDEPENDENT CONTRACTOR PAID LESS THAN THE COMPEN-
SATION TO WHICH HE OR SHE IS ENTITLED UNDER THE AGREED WORK TERMS  UNDER
THE  PROVISIONS  OF  THIS  ARTICLE, THE COMMISSIONER MAY BRING ANY LEGAL
ACTION NECESSARY, INCLUDING ADMINISTRATIVE ACTION, TO COLLECT SUCH CLAIM
AND AS PART OF SUCH LEGAL ACTION, IN ADDITION TO ANY OTHER REMEDIES  AND
PENALTIES  OTHERWISE  AVAILABLE UNDER THIS ARTICLE, THE COMMISSIONER MAY
ASSESS AGAINST THE CLIENT AN ADDITIONAL  AMOUNT  AS  LIQUIDATED  DAMAGES
EQUAL  TO  TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF COMPENSATION FOUND
TO BE DUE, UNLESS THE CLIENT PROVES A GOOD  FAITH  BASIS  FOR  BELIEVING
THAT ITS UNDERPAYMENT OF COMPENSATION WAS IN COMPLIANCE WITH THE LAW. IN
ANY  ACTION    INSTITUTED  IN THE COURTS UPON A COMPENSATION CLAIM BY AN
INDEPENDENT CONTRACTOR OR THE  COMMISSIONER  IN  WHICH  THE  INDEPENDENT
CONTRACTOR  PREVAILS,  THE COURT SHALL ALLOW SUCH INDEPENDENT CONTRACTOR
REASONABLE ATTORNEY'S FEES AND, UNLESS THE CLIENT PROVES  A  GOOD  FAITH
BASIS TO BELIEVE THAT ITS UNDERPAYMENT OF COMPENSATION WAS IN COMPLIANCE
WITH  THE LAW, AN ADDITIONAL AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWEN-
TY-FIVE PERCENT OF THE TOTAL AMOUNT OF COMPENSATION FOUND TO BE DUE. THE
REMEDIES PROVIDED BY THIS ARTICLE  MAY  BE  ENFORCED  SIMULTANEOUSLY  OR
CONSECUTIVELY SO FAR AS NOT INCONSISTENT WITH EACH OTHER.
  6.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, AN ACTION TO RECOVER
UPON A LIABILITY IMPOSED BY THIS ARTICLE MUST BE  COMMENCED  WITHIN  SIX
YEARS.  ALL INDEPENDENT CONTRACTORS SHALL HAVE THE RIGHT TO RECOVER FULL
COMPENSATION  ACCRUED DURING THE SIX YEARS PREVIOUS TO THE COMMENCING OF
SUCH ACTION, WHETHER  SUCH  ACTION  IS  INSTITUTED  BY  THE  INDEPENDENT
CONTRACTOR OR BY THE COMMISSIONER.
  7.  EACH  INDEPENDENT  CONTRACTOR  WHO  FILES  A COMPLAINT REGARDING A
VIOLATION OF A PROVISION OF THIS ARTICLE SHALL BE PROVIDED WITH A  WRIT-
TEN  DESCRIPTION OF THE ANTICIPATED PROCESSING OF THE COMPLAINT, INCLUD-
ING INVESTIGATION, CASE CONFERENCE, POTENTIAL CIVIL AND CRIMINAL  PENAL-
TIES, AND COLLECTION PROCEDURES.
  8.  EACH INDEPENDENT CONTRACTOR AND HIS OR HER REPRESENTATIVE SHALL BE
NOTIFIED IN WRITING OF ANY CASE CONFERENCE BEFORE IT IS HELD  AND  GIVEN
THE OPPORTUNITY TO ATTEND.

S. 572                              3

  9.  EACH INDEPENDENT CONTRACTOR AND HIS OR HER REPRESENTATIVE SHALL BE
NOTIFIED IN WRITING OF ANY AWARD AND COLLECTION OF BACK COMPENSATION AND
CIVIL PENALTIES, AND OF ANY INTENT TO SEEK CRIMINAL  PENALTIES.  IN  THE
EVENT  THAT CRIMINAL PENALTIES ARE SOUGHT THE INDEPENDENT CONTRACTOR AND
HIS  OR  HER  REPRESENTATIVE  SHALL BE NOTIFIED OF THE OUTCOME OF PROSE-
CUTION.
  10. IF THE COMMISSIONER  DETERMINES  THAT  A  CLIENT  HAS  VIOLATED  A
PROVISION  OF  THIS  ARTICLE, OR A RULE OR REGULATION PROMULGATED THERE-
UNDER, BY FAILING TO PAY THE COMPENSATION OF THEIR INDEPENDENT  CONTRAC-
TORS,  THE  COMMISSIONER  SHALL  ISSUE  TO THE CLIENT AN ORDER DIRECTING
COMPLIANCE THEREWITH, WHICH SHALL DESCRIBE PARTICULARLY  THE  NATURE  OF
THE  ALLEGED VIOLATION, AND ORDER THE PAYMENT OF INTEREST AT THE RATE OF
INTEREST THEN IN EFFECT AS PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL
SERVICES PURSUANT TO SECTION FOURTEEN-A OF THE  BANKING  LAW  PER  ANNUM
FROM  THE  DATE OF THE UNDERPAYMENT TO THE DATE OF THE PAYMENT. IN ADDI-
TION TO DIRECTING PAYMENT OF COMPENSATION FOUND TO BE DUE,  SUCH  ORDER,
IF  ISSUED  TO  A  CLIENT  WHO PREVIOUSLY HAS BEEN FOUND IN VIOLATION OF
THOSE PROVISIONS, RULES OR REGULATIONS, OR TO A CLIENT  WHOSE  VIOLATION
IS  WILLFUL OR EGREGIOUS, SHALL DIRECT PAYMENT TO THE COMMISSIONER OF AN
ADDITIONAL SUM AS A CIVIL PENALTY IN AN AMOUNT EQUAL TO DOUBLE THE TOTAL
AMOUNT FOUND TO BE DUE.
  11. EVERY CLIENT WHO DOES NOT PAY THE COMPENSATION OF ALL OF ITS INDE-
PENDENT CONTRACTORS IN ACCORDANCE WITH THE PROVISIONS OF  THIS  CHAPTER,
AND  THE  OFFICERS  AND  AGENTS  OF  ANY CLIENT WHO KNOWINGLY PERMIT THE
CLIENT TO VIOLATE THIS CHAPTER BY FAILING TO PAY THE COMPENSATION OF ANY
OF ITS INDEPENDENT CONTRACTORS IN ACCORDANCE WITH THE PROVISIONS  THERE-
OF,  SHALL  BE  GUILTY  OF  A MISDEMEANOR FOR THE FIRST OFFENSE AND UPON
CONVICTION THEREFOR SHALL BE FINED NOT LESS THAN FIVE HUNDRED  NOR  MORE
THAN  TWENTY  THOUSAND DOLLARS OR IMPRISONED FOR NOT MORE THAN ONE YEAR,
AND, IN THE EVENT THAT ANY SECOND OR SUBSEQUENT  OFFENSE  OCCURS  WITHIN
SIX YEARS OF THE DATE OF CONVICTION FOR A PRIOR OFFENSE, SHALL BE GUILTY
OF  A  FELONY  FOR THE SECOND OR SUBSEQUENT OFFENSE, AND UPON CONVICTION
THEREFOR, SHALL BE FINED NOT LESS THAN FIVE HUNDRED NOR MORE THAN TWENTY
THOUSAND DOLLARS OR IMPRISONED FOR NOT MORE THAN ONE YEAR PLUS ONE  DAY,
OR PUNISHED BY BOTH SUCH FINE AND IMPRISONMENT, FOR EACH SUCH OFFENSE.
  S 2. This act shall take effect immediately.

senate Bill S573

2015-2016 Legislative Session

Specifies auction requirements

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to consumer protection
Jan 07, 2015 referred to consumer protection

Co-Sponsors

S573 - Bill Details

See Assembly Version of this Bill:
A3196
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §29, amd §23, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S230, A3881
2011-2012: S551A, A4756A
2009-2010: S4313D

S573 - Bill Texts

view summary

Specifies requirements for auctions; holds the auctioneer responsible for truth of statements in catalogues, announcements, etc.

view sponsor memo
BILL NUMBER: S573

TITLE OF BILL : An act to amend the general business law, in
relation to auction requirements

PURPOSE :

To increase transparency and disclosure in the auction process beyond
the borders of New York City.

SUMMARY OF PROVISIONS :

The bill requires that an auctioneer be held responsible -- to the
extent practicable -- for making a good faith effort to ensure the
accuracy of statements contained in any catalogue, as of the date of
the catalogue's initial publication.

* The consignor must show that he or she has complete and lawful
right, title, and interest in property being auctioned.

* It must be disclosed if an auctioneer or auction house has any
interest in an article being auctioned.

* The existence of a "reserve price" must be disclosed to the
audience.

* It must be disclosed if an auctioneer extends a loan to a purchaser.

* Detailed information must be provided about any jewelry being sold.

* Each auction sale must be advertised at least once in the seven days
preceding the auction.

* Prospective purchasers must be allowed to inspect articles for sale.

* Checks must be sent to anyone entitled to proceeds of a sale within
14 days, unless a written agreement stating otherwise has been
established.

* Except to implement the reserve price no auctioneer, consignor etc.
shall make a bid unless their status as someone with inside
information has been disclosed.

* If the reserve price is not bid, the auctioneer may withdraw a lot
from sale.

* An auctioneer may not offer more than one article for sale at any
time unless combining of articles/lots is indicated prior to the
initial bid.

* An auctioneer may not offer an article contained in a carton or
package unless it is announced that the bidder can reject the item
upon opening such package.

The following types of auctions are exempt from the provisions of this
bill: livestock, thoroughbreds, highway equipment, automobiles, and
self-storage spaces.

The provisions of this bill will be enforced by the Attorney General's
office.

EXISTING LAW :

State law does not currently regulate the use of manipulative bids and
practices by auction houses.

JUSTIFICATION :

The genesis of this legislation was an investigation by Assembly
Member Richard Brodsky into art market practices, followed by a
hearing and many meetings with art market participants.

During the investigation, it came to light that auction houses had
periodically engaged in deceptive practices as a means of obtaining
bids that would meet and/or exceed the reserve price, Witnesses
testified that these practices served to undermine confidence in the
art market, and that such bids should be prohibited. This bill does
exactly that, In addition, testimony suggested that prices were
sometimes artificially inflated, in part due to a lack of
transparency, which served to distort the market and disrupt operation
of a vibrant, healthy and profitable marketplace. This bill addresses
those concerns.

By expanding several aspects of the successful auction regulation
program that exists in New York city to many counties in the rest of
the state, this bill will help ensure that there are no easy loopholes
to avoid the stricter rules that currently apply only in New York
City.

LEGISLATIVE HISTORY :

2013-2014: S230/A3881 - REFERRED TO CONSUMER
2011-2012: S551A/A4756 - REFERRED TO CONSUMER PROTECTION PROTECTION
2009-10: S4313D (Squadron)/A1730D - PASSED SENATE/passed assembly
2007-08: A.2442 - passed assembly
2005-06: A.3514 - advanced to third reading
2003-04: A.1254 - referred to tourism, arts and sports development
2001-02: A.1317 - reported referred to codes
1999-00: A.3847 - reported referred to codes
1997-98: A.536 - reported referred to rules
1995-96: A.284 - reported referred to rules
1993-94: A.1249

FISCAL IMPLICATIONS :

None.

LOCAL FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE :
This bill will take effect on the sixtieth day after it becomes a law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   573

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend  the  general  business  law,  in  relation  to  auction
  requirements

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

  Section 1. Legislative  intent.  The  legislature  declares  that  the
following  provisions  of law are in addition to other provisions of law
and regulations applicable to auctions.
  S 2. The general business law is amended by adding a new section 29 to
read as follows:
  S 29. REQUIREMENTS FOR AUCTIONS. 1.    THE  AUCTIONEER  WILL  BE  HELD
RESPONSIBLE  FOR  THE TRUTH OF ANY STATEMENT CONTAINED IN ANY CATALOGUE,
ADVERTISEMENT, ANNOUNCEMENT, PRESS RELEASE  OR  OTHER  PUBLIC  STATEMENT
MADE BY THE AUCTIONEER RELATING TO ANY AUCTION.
  2. A. NO PERSONAL PROPERTY MAY BE AUCTIONED EXCEPT PURSUANT TO A WRIT-
TEN  CONTRACT  BETWEEN  THE  CONSIGNOR OR HIS OR HER AGENT OR AUTHORIZED
REPRESENTATIVE AND THE AUCTIONEER, UNLESS AUCTIONED PURSUANT TO AN ORDER
OF A COURT OF COMPETENT JURISDICTION.
  B. EVERY CONTRACT REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
MUST CONTAIN THE FOLLOWING PROVISIONS:
  (I) ALL FEES, COMMISSIONS AND CHARGES TO BE PAID BY THE  CONSIGNOR  TO
THE AUCTIONEER OR HIS OR HER AGENTS, PRINCIPALS, EMPLOYEES, EMPLOYERS OR
ASSIGNS SHALL:
  (1)  TO THE EXTENT PRACTICABLE, BE ITEMIZED AND SPECIFIED AS TO AMOUNT
(WHICH MAY BE STATED AS A PERCENTAGE OF THE RESERVE PRICE OR  ANY  FINAL
BID), AND
  (2)  IF SUCH ITEMIZATION AND SPECIFICATION AS TO AMOUNT IS NOT PRACTI-
CABLE, BE DESCRIBED WITH SUFFICIENT PARTICULARITY TO INFORM THE  CONSIG-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01070-01-5

S. 573                              2

NOR  OF  THE NATURE OF THE SERVICES FOR WHICH SUCH FEES, COMMISSIONS AND
CHARGES WILL BE IMPOSED.
  (II) THAT AS OF THE DATE OF THE AUCTION THE CONSIGNOR WARRANTS THAT HE
OR SHE HAS COMPLETE AND LAWFUL RIGHT, TITLE AND INTEREST IN THE PROPERTY
AUCTIONED, AND THAT THE CONSIGNOR SHALL INDEMNIFY THE AUCTIONEER, HIS OR
HER  AGENTS, PRINCIPALS, EMPLOYEES, EMPLOYERS OR ASSIGNS IN THE EVENT OF
ANY DEFECT IN TITLE, AND THAT AN INTENDED BENEFICIARY OF  THIS  WARRANTY
IS THE ULTIMATE PURCHASER AT AUCTION.
  C.  WHERE  ARTICLES  ARE  REFERRED TO BY CATALOGUE OR ADVERTISEMENT AS
HAVING BEEN OBTAINED FROM ANY SPECIFIC PERSON,  PLACE  OR  SOURCE,  SUCH
ARTICLES MUST BE SEPARATELY ENUMERATED AND IDENTIFIED.
  D. IF AN AUCTIONEER OR AUCTION HOUSE HAS ANY INTEREST, DIRECT OR INDI-
RECT,  IN  AN  ARTICLE,  INCLUDING  A GUARANTEED MINIMUM, OTHER THAN THE
SELLING COMMISSION, THE FACT SUCH INTEREST EXISTS MUST BE  DISCLOSED  IN
CONNECTION  WITH ANY DESCRIPTION OF THE ARTICLE OR ARTICLES IN THE CATA-
LOGUE OR ANY OTHER PRINTED MATERIAL PUBLISHED OR DISTRIBUTED IN RELATION
TO THE SALE. SUCH NOTICE MAY BE DENOTED BY A PROMINENT SYMBOL OR  LETTER
WHICH  WILL  REFER  THE  READER  TO  AN EXPLANATION OF THE NATURE OF THE
INTEREST THE SYMBOL  OR  LETTER  DENOTES.  IN  ADDITION,  PRIOR  TO  THE
COMMENCEMENT  OF  THE AUCTION, THE AUCTIONEER SHALL ORALLY ANNOUNCE THAT
THOSE LOTS IN WHICH THE AUCTIONEER  HAS  AN  INTEREST  COVERED  BY  THIS
SUBDIVISION HAVE BEEN DESIGNATED IN THE AUCTION CATALOGUE AND THE SYMBOL
USED TO DENOTE SUCH INTEREST.
  E.  WHERE A CONSIGNOR IS TO RECEIVE A REBATE COMMISSION IN WHOLE OR IN
PART, OR WHERE HE OR SHE WILL BE PERMITTED TO BID UPON AND TO  BUY  BACK
HIS  OR HER OWN ARTICLE AT THE SALE, DISCLOSURE OF SUCH A CONDITION MUST
BE MADE IN CONNECTION WITH ANY DESCRIPTION  OF  THE  ITEM  OR  ITEMS  SO
AFFECTED  IN  THE  CATALOGUE  OR ANY OTHER PRINTED MATERIAL PUBLISHED OR
DISTRIBUTED IN RELATION TO THE SALE. THE EXISTENCE OF SUCH  A  CONDITION
MAY  BE  DENOTED BY A SYMBOL OR LETTER WHICH WILL REFER THE READER TO AN
EXPLANATION OF THE NATURE OF THE INTEREST THE SYMBOL OR LETTER DENOTES.
  F. (I) IF THE CONSIGNOR HAS FIXED A PRICE BELOW WHICH AN ARTICLE  WILL
NOT  BE  SOLD,  THE "RESERVE PRICE", THE FACT THAT THE LOT IS BEING SOLD
SUBJECT TO RESERVE MUST BE DISCLOSED IN CONNECTION WITH THE  DESCRIPTION
OF  ANY  LOT  SO AFFECTED IN THE CATALOGUE OR ANY OTHER PRINTED MATERIAL
PUBLISHED OR DISTRIBUTED IN RELATION TO THE SALE.  THE  EXISTENCE  OF  A
RESERVE  PRICE MAY BE DENOTED BY A SYMBOL OR LETTER WHICH WILL REFER THE
READER TO AN EXPLANATION OF RESERVE PRICE. FOR THE PURPOSE OF THIS PARA-
GRAPH AND PARAGRAPHS D AND E  OF  THIS  SUBDIVISION,  ADVERTISEMENTS  IN
NEWSPAPERS  OR  OTHER PERIODICALS SHALL NOT CONSTITUTE PRINTED MATERIAL.
WHERE NO PRINTED MATERIAL IS PROVIDED IN CONNECTION WITH THE AUCTION  AN
AUCTIONEER  SHALL HAVE AVAILABLE DURING ANY ADVERTISED INSPECTION PERIOD
INFORMATION AS TO WHETHER A PARTICULAR LOT IS  TO  BE  SOLD  SUBJECT  TO
RESERVE  AND  SHALL ANNOUNCE BEFORE HE OR SHE COMMENCES THE AUCTION THAT
SUCH INFORMATION IS AVAILABLE UPON REQUEST.
  (II) WHEN A LOT IS NOT SUBJECT TO  A  RESERVE  PRICE,  THE  AUCTIONEER
SHALL  NOT  INDICATE  IN ANY MANNER THAT THE LOT IS SUBJECT TO A RESERVE
PRICE.
  G. IN THE EVENT AN AUCTIONEER EXTENDS  A  LOAN  TO  A  PURCHASER,  THE
AUCTIONEER  SHALL DISCLOSE IN A GENERAL ANNOUNCEMENT AT THE COMMENCEMENT
OF THE AUCTION THAT BIDDERS MAY BE PARTICIPATING IN THE  SALE  WHO  HAVE
BEEN OFFERED A LOAN BY THE AUCTIONEER. IN ADDITION, THIS DISCLOSURE MUST
ALSO  BE  MADE ON SIGNS PROMINENTLY DISPLAYED IN THE AUCTION ROOM AND AT
THE ENTRANCE THERETO. SUCH SIGNS SHALL INCLUDE THE FOLLOWING DISCLOSURE,
OR CONVEY SUBSTANTIALLY THE SAME MESSAGE:

S. 573                              3

  "BIDDERS MAY BE PARTICIPATING IN THE SALE WHO HAVE BEEN OFFERED A LOAN
BY THE AUCTIONEER."
  H. THE AUCTIONEER SHALL:
  (I) PROVIDE INFORMATION AS TO THE NUMBER OF JEWELS, APPROXIMATE NUMBER
OF  CARATS,  NUMBER  OF  POINTS  (DIAMOND), PRINCIPAL METAL CONTENT, AND
MANUFACTURER'S NAME, IF KNOWN, FOR ALL ARTICLES  OF  JEWELRY,  INCLUDING
WATCHES.  THE  INFORMATION  REQUIRED BY THIS PARAGRAPH SHALL BE PROVIDED
EITHER IN THE CATALOGUE DESCRIPTIONS OF SUCH ITEMS OR  BY  ATTACHING  TO
EACH SUCH ITEM A TAG OR MARKING CONTAINING THE INFORMATION.
  (II)  ISSUE  OR  CAUSE TO BE ISSUED TO EACH PURCHASER AN INVOICE WHICH
SHALL CONTAIN ALL THE FOLLOWING INFORMATION:
  (1) THE AUCTIONEER'S NAME, BUSINESS ADDRESS AND LICENSE NUMBER;
  (2) THE NAME AND ADDRESS OF THE AUCTIONEER'S EMPLOYER OR PRINCIPAL;
  (3) THE DATE OF SALE;
  (4) THE LOT NUMBER, DESCRIPTION, QUANTITY AND SELLING  PRICE  OF  EACH
LOT;
  (5)  THE  TOTAL  AMOUNT OF PURCHASE WITH A SEPARATE STATEMENT OF SALES
TAX;
  (6) ALL DEPOSITS MADE AGAINST THE PURCHASE PRICE.
  (III) ADVERTISE EACH AUCTION SALE AT LEAST ONCE IN THE SEVEN DAY PERI-
OD IMMEDIATELY PRECEDING THE AUCTION.
  (IV) NOTIFY THE PERSON WHOSE PROPERTY  IS  BEING  AUCTIONED  (AND  ANY
OTHER  PERSON  ENTITLED TO BE NOTIFIED ACCORDING TO LAW) AS TO THE DATE,
PLACE AND TIME OF SALE.
  (V) PERMIT (PRIOR TO THE START OF THE AUCTION) PROSPECTIVE  PURCHASERS
TO INSPECT EACH AND EVERY ARTICLE TO BE OFFERED FOR SALE.
  (VI)  FURNISH  TO  ANY  BUYER,  CONSIGNOR OR OWNER OF AN ARTICLE, UPON
REQUEST, INFORMATION AS TO THE WHEREABOUTS OF THAT  ARTICLE  THAT  COMES
INTO HIS OR HER POSSESSION OR THAT IS SOLD OR OFFERED FOR SALE BY HIM OR
HER.
  (VII)  SEND CHECKS FOR THE NET AMOUNT RECEIVED ON ALL SALES TO PERSONS
ENTITLED TO THE PROCEEDS THEREOF WITHIN FOURTEEN DAYS OF  DATE  OF  SALE
(EXCEPT  AS  OTHERWISE  AGREED  IN WRITING OR OTHERWISE PROVIDED BY LAW)
TOGETHER WITH A COMPLETE DETAILED STATEMENT INCLUDING LOT NUMBER,  QUAN-
TITY,  DESCRIPTION  AND SELLING PRICE OF EACH LOT; TOTAL AMOUNT RECEIVED
ON SALE; AND DISBURSEMENTS LISTING COMMISSION,  COST  OF  ADVERTISEMENT,
LABOR, CHARGES AND ALLOWANCES, AND SUNDRY EXPENSES.
  (VIII) WHEN AN AUCTIONEER HAS A NUMBER OF THE SAME KIND OF ARTICLES TO
BE  SOLD  AND  INTENDS TO DISPOSE OF EACH OF THEM AT THE AMOUNT AT WHICH
THE FIRST IS SOLD, HE OR SHE SHALL MAKE AN ANNOUNCEMENT TO  THAT  EFFECT
PRIOR TO OPENING THE SALE OF THE FIRST ARTICLE.
  I.  IF  AN  AUCTIONEER  MAKES LOANS OR ADVANCES MONEY TO CONSIGNORS OR
PROSPECTIVE PURCHASERS, THIS FACT MUST BE CONSPICUOUSLY DISCLOSED IN THE
AUCTIONEER'S CATALOGUE OR PRINTED MATERIAL. IF THE AUCTIONEER  DOES  NOT
PROVIDE  ANY SUCH PRINTED MATERIAL, HE OR SHE SHALL MAKE THE DISCLOSURE,
EITHER BY CONSPICUOUSLY POSTING A SIGN, OR IN ANOTHER SIMILARLY CONSPIC-
UOUS MANNER, AT THE TIME OF ANY ADVERTISED INSPECTION PERIODS  PRIOR  TO
THE  AUCTIONS. FOR THE PURPOSE OF THIS PARAGRAPH ADVERTISEMENTS IN NEWS-
PAPERS OR OTHER PERIODICALS SHALL NOT CONSTITUTE PRINTED MATERIAL.
  J. EXCEPT TO IMPLEMENT A RESERVE PRICE, AND SUBJECT  TO  THE  REQUIRE-
MENTS  OF  PARAGRAPH  B OF SUBDIVISION THREE OF THIS SECTION, NO AUCTIO-
NEER, HIS OR HER CONSIGNOR, EMPLOYEE, EMPLOYER, ASSIGNEE  OR  AGENT  FOR
ANY  OF THEM MAY BID FOR HIS OR HER OWN ACCOUNT AT ANY AUCTION IF ANY OF
THEM SHALL HAVE ACCESS TO INFORMATION NOT  OTHERWISE  AVAILABLE  TO  THE
PUBLIC REGARDING RESERVES, VALUE OR OTHER MATERIAL FACTS RELATING TO THE
ARTICLES  WHICH ARE THE SUBJECT OF THE AUCTION, UNLESS THEIR STATUS AS A

S. 573                              4

PERSON WITH INSIDE INFORMATION AND INTENDED PARTICIPATION  IS  DISCLOSED
IN  THE  AUCTIONEER'S  CATALOGUE  AND  ANY PRINTED MATERIAL AND ON SIGNS
POSTED AT THE AUCTION.
  K.  WHEREVER  AN  ESTIMATE  OR  ESTIMATED  VALUE  OF AN ITEM OR LOT IS
PUBLISHED IN A CATALOGUE OR ANY  OTHER  PRINTED  MATERIAL  PUBLISHED  OR
DISTRIBUTED IN RELATION TO AN AUCTION SALE, A GENERAL DESCRIPTION OF THE
ESTIMATE  AND  ITS MEANING AND FUNCTION MUST BE INCLUDED IN SUCH PRINTED
MATERIAL. FOR THE PURPOSE OF THIS PARAGRAPH, ADVERTISEMENTS  IN  NEWSPA-
PERS  OR  OTHER PERIODICALS SHALL NOT CONSTITUTE PRINTED MATERIAL. WHERE
NO PRINTED MATERIAL IS PROVIDED, AND AN ESTIMATE OR ESTIMATED  VALUE  IS
ANNOUNCED  OR  DISSEMINATED  IN ANY MANNER, A GENERAL DESCRIPTION OF THE
ESTIMATE AND ITS MEANING AND FUNCTION MUST BE AVAILABLE FOR DISTRIBUTION
AND ITS AVAILABILITY MUST  BE  ANNOUNCED  AT  THE  COMMENCEMENT  OF  THE
AUCTION.
  L.  IN ANY ADVERTISEMENT INDICATING AN AUCTION SALE DUE TO A BUSINESS'
LOSS OF LEASE OR LIQUIDATION, THE AUCTIONEER MUST INCLUDE  THE  NAME  OF
THE  CONSIGNOR  OR  BUSINESS AUTHORIZING THE AUCTION. IN ANY SALE ADVER-
TISED AS PURSUANT TO A SECURITY AGREEMENT, THE NAME OF THE DEBTOR  SHALL
BE INDICATED CONSPICUOUSLY.
  3.  A.  IF THE RESERVE PRICE IS NOT BID, THE AUCTIONEER MAY WITHDRAW A
LOT FROM SALE. AT THE TIME OF SUCH WITHDRAWAL,  AND  BEFORE  BIDDING  ON
ANOTHER LOT BEGINS, THE AUCTIONEER SHALL ANNOUNCE THAT THE WITHDRAWN LOT
HAS BEEN "PASSED", "WITHDRAWN", "RETURNED TO OWNER" OR "BOUGHT-IN".
  B.  BEFORE BIDDING ON ANY LOT HAS REACHED ITS RESERVE PRICE NO AUCTIO-
NEER MAY MAKE OR PLACE CONSECUTIVE OR SUCCESSIVE BIDS, OR PLACE BIDS  IN
RESPONSE  TO  BIDS  FROM  OTHERS, ON BEHALF OF THE CONSIGNOR, UNLESS THE
FACT THAT THE AUCTIONEER WILL OR MAY BID IN SUCH A MANNER IS CLEARLY AND
CONSPICUOUSLY DISCLOSED IN ANY CATALOGUE AND ANY OTHER PRINTED  MATERIAL
PUBLISHED  OR  DISTRIBUTED IN CONNECTION WITH THE SALE. FOR THE PURPOSES
OF THIS PARAGRAPH ADVERTISEMENTS  IN  NEWSPAPERS  OR  OTHER  PERIODICALS
SHALL NOT CONSTITUTE PRINTED MATERIAL. THIS DISCLOSURE MUST ALSO BE MADE
ON  SIGNS  PROMINENTLY DISPLAYED IN THE AUCTION ROOM AND AT THE ENTRANCE
THERETO, AND MUST BE ANNOUNCED BY THE AUCTIONEER  IMMEDIATELY  PRIOR  TO
THE COMMENCEMENT OF ANY AUCTION.
  THE  SIGN REQUIRED BY THIS PARAGRAPH MUST BE AT LEAST TWELVE INCHES BY
EIGHTEEN INCHES IN DIMENSION WITH LETTERS AT LEAST ONE  INCH  HIGH,  AND
MUST READ AS FOLLOWS, OR CONVEY A SUBSTANTIALLY SIMILAR DISCLOSURE:
  THE  AUCTIONEER MAY OPEN BIDDING ON ANY LOT BY PLACING A BID ON BEHALF
OF THE SELLER. THE AUCTIONEER MAY FURTHER BID ON BEHALF OF  THE  SELLER,
UP  TO  THE  AMOUNT OF THE RESERVE, BY PLACING SUCCESSIVE OR CONSECUTIVE
BIDS FOR A LOT, OR BY PLACING BIDS IN RESPONSE TO OTHER BIDDERS.
  C. AFTER BIDDING HAS REACHED THE RESERVE PRICE OF A LOT:
  (I) THE AUCTIONEER MAY NOT BID ON  BEHALF  OF  THE  CONSIGNOR  OR  THE
AUCTION HOUSE; AND
  (II)  THE  AUCTIONEER MAY ONLY ACCEPT BIDS FROM PERSONS OTHER THAN THE
CONSIGNOR OR THE AUCTION HOUSE EXCEPT ABSENTEE TELEPHONE, ORDER OR OTHER
AGENT'S BIDS;
  (III) THIS PARAGRAPH SHALL NOT APPLY TO AUCTION SALES CONDUCTED PURSU-
ANT TO AN ORDER OF A COURT OF COMPETENT JURISDICTION, INCLUDING AN ORDER
OF A BANKRUPTCY JUDGE OR TRUSTEE, OR A SALE OF SECURED PROPERTY PURSUANT
TO THE UNIFORM COMMERCIAL CODE, OR THE SALE OF PROPERTY WHICH IS SUBJECT
TO A LIEN OR ASSIGNMENT PURSUANT TO THE LAWS OF THE STATE OF NEW YORK.
  D. IN NO EVENT SHALL THE RESERVE PRICE FOR ANY LOT EXCEED THE  MINIMUM
ESTIMATED VALUE OF THE LOT AS PUBLISHED IN ANY CATALOGUE OR OTHER PRINT-
ED MATERIAL DISTRIBUTED BY THE AUCTIONEER.

S. 573                              5

  4.  A.  AN  AUCTIONEER  MAY NOT DISCLAIM WARRANTY OF TITLE OF ANY ITEM
SOLD AT AUCTION. THE AUCTIONEER SHALL  REIMBURSE  ANY  PURCHASER  IN  AN
AMOUNT  EQUAL  TO THE SUCCESSFUL BID AT AUCTION PLUS ANY BUYER'S COMMIS-
SION PAID IN THE EVENT IT IS  DETERMINED  THAT  THE  PURCHASER  HAS  NOT
ACQUIRED TRANSFERABLE TITLE TO THE ITEM.
  B.  AT  THE AUCTION SALE PREMISES ONLY EXTERIOR SIGNS MAY BE DISPLAYED
ADVERTISING THE AUCTION SALE BUT THE SAME  SHALL  NOT  BE  EXCESSIVE  IN
SIZE.
  C. AN AUCTIONEER MAY NOT:
  (I)  OFFER  MORE  THAN ONE ARTICLE FOR SALE AT ANY ONE TIME UNLESS THE
COMBINING OF ARTICLES OR LOTS IS SO INDICATED PRIOR TO THE INITIAL BID.
  (II) REPRESENT AN ARTICLE TO BE GUARANTEED BY THE MANUFACTURER OR  THE
OWNER UNLESS A MANUFACTURER'S OR OWNER'S GUARANTEE ACCOMPANIES THE ARTI-
CLE.
  (III)  OFFER  AN  ARTICLE  CONTAINED  IN  A  CARTON,  PACKAGE OR OTHER
CONTAINER COMMONLY KNOWN AS A BLIND ARTICLE UNLESS PRIOR TO THE OFFER IT
IS ANNOUNCED THAT THE HIGHEST BIDDER  MAY  REJECT  THE  ARTICLE  IF  NOT
SATISFACTORY  TO HIM OR HER. THIS PROVISION DOES NOT REFER TO AN AUCTION
OF ARTICLES IN BULK WHERE A SAMPLE IS DISPLAYED AND BALANCE OF  ARTICLES
ARE REPRESENTED TO CONFORM TO THE SAMPLE.
  (IV) ACCEPT AS PAYMENT OR EXCHANGE ANY ARTICLE PREVIOUSLY KNOCKED DOWN
OR SOLD TO A SUCCESSFUL BIDDER. THE ARTICLE KNOCKED DOWN OR SOLD MUST BE
DELIVERED  TO  THE  BIDDER  OR,  IF THE AUCTIONEER IS WILLING AND AT THE
BIDDER'S ELECTION, THE PURCHASE PRICE REFUNDED IN FULL. NO OTHER ARTICLE
MAY BE OFFERED TO SAID BIDDER  AS  A  SUBSTITUTE  OR  REPLACEMENT.  SUCH
REFUND  SHALL  TAKE  PLACE WITHIN A REASONABLE TIME OR MAY BE APPLIED AS
PART PAYMENT OR PAYMENT FOR ANY OTHER ARTICLE PURCHASED  AT  AUCTION  BY
THE SAME BIDDER.
  5.  A.  UPON ANY VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE
BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE  STATE  OF  NEW
YORK  TO  A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE AN INJUNCTION,
AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS,  TO  ENJOIN
AND RESTRAIN THE CONTINUANCE OF THE VIOLATION. IF IT SHALL APPEAR TO THE
SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS VIOLATED
THIS SECTION, AN INJUNCTION MAY BE  ISSUED  BY  THE  COURT  OR  JUSTICE,
ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
THAT  ANY  PERSON  HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY
SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE  ATTORNEY  GENERAL
AS  PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.
  B.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF THE
PROVISIONS OF THIS SECTION HAS OCCURRED, IT MAY IMPOSE A  CIVIL  PENALTY
OF  NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION. IN CONNECTION
WITH AN APPLICATION MADE UNDER THIS SUBDIVISION, THE ATTORNEY GENERAL IS
AUTHORIZED TO TAKE PROOF AND TO MAKE A  DETERMINATION  OF  THE  RELEVANT
FACTS  AND  TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW
AND RULES.
  C. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY  GENERAL
PURSUANT  TO  PARAGRAPH  A  OF  THIS SUBDIVISION, ANY BUYER INJURED BY A
VIOLATION OF THE PROVISIONS OF THIS SECTION MAY BRING AN ACTION  IN  HIS
OWN  NAME  TO  ENJOIN  SUCH  UNLAWFUL PRACTICE, AN ACTION TO RECOVER HIS
ACTUAL DAMAGES OR FIVE HUNDRED DOLLARS, WHICHEVER IS  GREATER,  OR  BOTH
SUCH  ACTIONS.  THE  COURT  IN  ITS DISCRETION MAY INCREASE THE AWARD OF
DAMAGES TO AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL  DAMAGES.  THE

S. 573                              6

COURT  MAY  AWARD  COSTS  AND  REASONABLE ATTORNEYS FEES TO A PREVAILING
PLAINTIFF.
  6.  THE PROVISIONS OF THIS SECTION SHALL NOT BE APPLICABLE TO AUCTIONS
HELD AS PART OF A FUNDRAISING EVENT BY AN ENTITY CREATED FOR  CHARITABLE
PURPOSES  WITHIN  THE  MEANING  OF  PARAGRAPH FOUR OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SIXTEEN OF THE TAX LAW WHERE THE PROCEEDS OF SUCH
FUNDRAISING EVENT BENEFIT SUCH ORGANIZATION.
  7. NOTWITHSTANDING THE FOREGOING, AND  UNLESS  OTHERWISE  REQUIRED  BY
LAW,  IN ANY COUNTY WITH A POPULATION OF FORTY-FIVE THOUSAND OR LESS, NO
WRITTEN CONTRACT SHALL BE REQUIRED WHERE THE REASONABLY ESTIMATED  VALUE
OF  THE  PROPERTY  TO  BE  AUCTIONED  IS  LESS THAN ONE HUNDRED THOUSAND
DOLLARS.
  8. THE PROVISIONS OF THIS SECTION SHALL NOT BE APPLICABLE TO:
  A. MOTOR VEHICLE AUCTIONS CONDUCTED UNDER SECTION TWENTY-THREE OF THIS
ARTICLE AND THE VEHICLE AND TRAFFIC LAW;
  B. AUCTIONS OF POULTRY AND LIVESTOCK;
  C. AUCTIONS OF FARM SUPPLIES, FARM EQUIPMENT, AND FARM REAL ESTATE; OR
  D. AUCTION SALES CONDUCTED PURSUANT TO AN ORDER OF A COURT  OF  COMPE-
TENT  JURISDICTION, INCLUDING AN ORDER OF A BANKRUPTCY JUDGE OR TRUSTEE,
OR A SALE OF SECURED PROPERTY PURSUANT TO THE UNIFORM  COMMERCIAL  CODE,
OR  THE SALE OF PROPERTY WHICH IS SUBJECT TO A LIEN OR ASSIGNMENT PURSU-
ANT TO THE LAWS OF THE STATE OF NEW YORK.
  E. THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION,  SUBPARAGRAPHS
(I)  AND  (II)  OF PARAGRAPH F OF SUBDIVISION TWO OF THIS SECTION AND OF
PARAGRAPH A OF SUBDIVISION THREE OF THIS  SECTION  SHALL  NOT  APPLY  TO
AUCTIONS  OF  THOROUGHBRED  HORSES,  PROVIDED  THAT  THE RESULTS OF SUCH
AUCTION, INCLUDING WHETHER OR NOT A RESERVE PRICE WAS MET, ARE PUBLISHED
WITHIN TWENTY-FOUR HOURS.
  F. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO AUCTIONS OF VEHI-
CLES OR HIGHWAY TOOLS, MACHINERY OR EQUIPMENT CONDUCTED BY OR ON  BEHALF
OF  THE FEDERAL GOVERNMENT, OR THE STATE, ITS AGENCIES, BUREAUS, BOARDS,
COMMISSIONS AND AUTHORITIES, OR ANY POLITICAL SUBDIVISION OF THE  STATE,
OR THE AGENCIES AND AUTHORITIES OF ANY SUCH SUBDIVISION.
  S  3.  Subdivision  3  of  section  23  of the general business law is
amended by adding a new paragraph f to read as follows:
  F. IN THE EVENT AN AUCTIONEER, AUCTION OR AFFILIATE OFFERS FLOOR  PLAN
FINANCING  OR  EXTENDS  A  LOAN  TO  A  PURCHASER,  THE AUCTIONEER SHALL
DISCLOSE IN A GENERAL ANNOUNCEMENT AT THE COMMENCEMENT  OF  THE  AUCTION
THAT  BIDDERS  MAY  BE  PARTICIPATING  IN THE SALE WHO HAVE BEEN OFFERED
FLOOR PLAN FINANCING OR A LOAN BY THE AUCTIONEER, AUCTION  OR  AFFILIATE
OR WORDS THAT CONVEY SUBSTANTIALLY THE SAME MESSAGE.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

senate Bill S574

2015-2016 Legislative Session

Designates venue of certain special proceedings against certain state bodies or officers

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to judiciary
Jan 07, 2015 referred to judiciary

S574 - Bill Details

See Assembly Version of this Bill:
A1547
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §506, CPLR
Versions Introduced in Previous Legislative Sessions:
2013-2014: S165, A479
2011-2012: S23, S28, A6245
2009-2010: S4044A, S7401, A5197

S574 - Bill Texts

view summary

Permits special proceedings against certain designated state officials to be commenced in a supreme court in the judicial district of the petitioner's residence or principal place of business; provides that a proceeding against the public service commission shall only be commenced in the supreme court, Albany county.

view sponsor memo
BILL NUMBER: S574

TITLE OF BILL : An act to amend the civil practice law and rules, in
relation to the venue for certain special proceedings

PURPOSE OR GENERAL IDEA :

Current law allows that certain proceedings can be filed in Albany
County Supreme Court. This bill allows these proceedings to be filed
at other locations throughout the state.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends Section 506 of the Civil Practice Law and Rules to
allow certain proceedings against certain regulatory state agencies to
be commenced in the judicial district where the petitioner resides
instead of only in Albany.

Section 2 provides the effective date.

EFFECTS OF PRESENT LAW THIS HILL WOULD ALTER :

Current law allows that proceedings against certain State regulatory
agencies be commenced in Supreme Court, Albany County.

JUSTIFICATION :

Citizens should have the opportunity to file proceedings in the area
which they reside, not just in Albany.

PRIOR LEGISLATIVE HISTORY :

2014: S165/A479 - REFERRED TO JUDICIARY Passed Assembly
2013: S165/A479 - REFERRED TO JUDICIARY Passed Assembly
2012: S28/A6245 - REFERRED TO JUDICIARY Passed Assembly
2011: S28/A6245 - CODES COMMITTEE DISCHARGE AND COMMITTED TO
CODES/Passed Assembly
2010: S7401/A5197 - REFERRED TO CODES/Passed Assembly
2009: A5197 - Passed Assembly
Also passed Assembly from 1995-1997 and 1999-2008.

FISCAL IMPLICATION :

Minimal impact on administrative costs.

EFFECTIVE DATE :
Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   574

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  venue for certain special proceedings

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

  Section 1. Paragraph 2 of subdivision (b) of section 506 of the  civil
practice law and rules, as amended by chapter 47 of the laws of 1992, is
amended to read as follows:
  2.  a proceeding against the regents of the university of the state of
New York, the commissioner of education, the  commissioner  of  taxation
and finance, the tax appeals tribunal, except as provided in section two
thousand  sixteen  of  the  tax  law, the public service commission, the
commissioner or the department of transportation relating to  [articles]
ARTICLE three, four, five, six, seven, eight, nine, or ten of the trans-
portation  law  or  to  the railroad law, the water resources board, the
comptroller, or the department of agriculture and markets[,  shall]  MAY
be  commenced  in  the  supreme  court, Albany county OR IN THE JUDICIAL
DISTRICT IN WHICH THE PETITIONER RESIDES OR HAS ITS PRINCIPAL  PLACE  OF
BUSINESS;  PROVIDED,  HOWEVER,  THAT  A  PROCEEDING  AGAINST  THE PUBLIC
SERVICE COMMISSION SHALL ONLY BE COMMENCED IN THE SUPREME COURT,  ALBANY
COUNTY.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00986-01-5

senate Bill S575

2015-2016 Legislative Session

Requires a study and report on banking products and services offered in low income communities

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 11, 2016 reported and committed to finance
Apr 29, 2016 print number 575a
amend and recommit to banks
Jan 06, 2016 referred to banks
Jan 07, 2015 referred to banks

Bill Amendments

S575
S575A
S575
S575A

S575 - Bill Details

See Assembly Version of this Bill:
A5980
Current Committee:
Senate Finance
Law Section:
Banks
Versions Introduced in 2013-2014 Legislative Session:
S4659B, A5175C

S575 - Bill Texts

view summary

Requires a study and report on banking products and services offered in low income communities.

view sponsor memo
BILL NUMBER: S575

TITLE OF BILL : An act in relation to requiring a study and report
on banking products and services offered in low income communities and
the impact of traditional banks, credit unions and check casher
services serving low income communities; and providing for the repeal
of such provisions upon expiration thereof

PURPOSE: OR GENERAL IDEA OF THE BILL :

A long history of discriminatory banking policies and practices has
left low income communities with limited financial service options,
costly banking fees, and a proliferation of financial services with
exorbitant fees and interest rates. A review of the current state of
banking and financial services in low income communities is needed in
order to access overall impact on the residents of these communities.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1: 1. The superintendent of financial services shall study and
issue a comprehensive report on banking products and services offered
in low income communities and the impact of traditional banks, credit
unions and check casher services serving low income communities.

2. Such study and report carried out pursuant to this section shall
address the following issues:

(a) which products and services are offered in low income communities
versus which products and services are offered in higher income
communities;

(b) review of whether different fees are charged by financial service
providers for products and services in low income communities and in
higher income communities, including but not limited to, use of
automated teller machine (ATM) fees, checking account fees, and
overdraw fees;

(c) review of whether different interest rates are instituted by
financial service providers for products and services in low income
communities and higher income communities;

(d) The impact of payday loans within low income communities, the
prevalence of such loans and the interest rates charged for such
loans; and

(e)The current impact and outcome of the State's 1977 Community
Reinvestment Act and federal CRA.

3. Such report shall be made to the governor, the speaker of the
assembly and the temporary president of the senate no later than
January 1, 2017.

4. The superintendent of financial services may request, and is
authorized to receive, any information from any state agencies that is
relevant and material to the completion of this study and report.
Such information shall be subject to the same requirements for
confidentiality and limitations of use, if any, as are applicable to
such state agencies use of such information.

Section 2: This act shall take effect immediately and shall expire and
be deemed repealed January 1, 2017.

JUSTIFICATION :

A long history of discriminatory banking policies and practices has
left low income communities with limited financial service options,
costly banking fees, and a proliferation of financial services with
exorbitant fees and interest rates. A review of the current state of
banking and financial services in low income communities is needed in
order to access overall impact on the residents of these communities,
The study will also help shape future public policy that will improve
banking and financial services available in low income communities.

PRIOR LEGISLATIVE HISTORY :

2014: S659B/A5175C - REFERRED TO BANKS/passed assembly
2013: S4659/A5175 - REFERRED TO BANKS/reported referred to ways and
means

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :

None, the New York State Department of Financial Services has all the
data from banking and financial institutions to make the comparisons
required in this legislation. DFS staff that has oversight
responsibilities over banking rules and regulations is able to compile
this data.

EFFECTIVE DATE :
This act shall take effect immediately and shall expire and be deemed
repealed January 1, 2017.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   575

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT in relation to requiring a study and report on  banking  products
  and  services  offered  in  low  income  communities and the impact of
  traditional banks, credit unions and check casher services serving low
  income communities; 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. 1. The superintendent of financial services shall study and
issue a comprehensive report on banking products and services offered in
low income communities and  the  impact  of  traditional  banks,  credit
unions and check casher services serving low income communities.
  2.  Such  study  and report carried out pursuant to this section shall
address the following issues:
  (a) which products and services are offered in low income  communities
versus which products and services are offered in higher income communi-
ties;
  (b)  review of whether different fees are charged by financial service
providers for products and services in low  income  communities  and  in
higher  income  communities,  including but not limited to, use of auto-
mated teller machine (ATM) fees, checking account  fees,  and  overdraft
fees;
  (c)  review  of  whether  different  interest  rates are instituted by
financial service providers for products  and  services  in  low  income
communities  and in higher income communities, including but not limited
to, savings account interest rates and interest rates on loans;
  (d) the impact of payday loans  within  low  income  communities,  the
prevalence  of such loans and the interest rates charged for such loans,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00184-01-5

S. 575                              2

to the extent such information is available to the department of  finan-
cial services; and
  (e)  an  analysis of the impact and current relevance of the state and
federal community reinvestment act as it affects low income  communities
and banking and financial services.
  3.  Such  report  shall  be  made  to the governor, the speaker of the
assembly and the temporary president of the senate no later than January
1, 2017.
  4. The superintendent  of  financial  services  may  request,  and  is
authorized  to  receive, any information from any state agencies that is
relevant and material to the completion of this study and  report.  Such
information shall be subject to the same requirements for confidentiali-
ty and limitations of use, if any, as are applicable to such state agen-
cy's use of such information.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed January 1, 2017.

Co-Sponsors

S575A - Bill Details

See Assembly Version of this Bill:
A5980
Current Committee:
Senate Finance
Law Section:
Banks
Versions Introduced in 2013-2014 Legislative Session:
S4659B, A5175C

S575A - Bill Texts

view summary

Requires a study and report on banking products and services offered in low income communities.

view sponsor memo
BILL NUMBER: S575A

TITLE OF BILL :

An act in relation to requiring a study and report on banking products
and services offered in low income communities and the impact of
traditional banks, credit unions and check casher services serving low
income communities; and providing for the repeal of such provisions
upon expiration thereof

PURPOSE OR GENERAL IDEA OF THE BILL :

A long history of discriminatory banking policies and practices has
left low income communities with limited financial service options,
costly banking fees, and a proliferation of financial services with
exorbitant fees and interest rates. A review of the current state of
banking and financial services in low income communities is needed in
order to access overall impact on the residents of these communities.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1: 1. The superintendent of financial services shall study and
issue a comprehensive report on banking products and services offered
in low income communities and the impact of traditional banks, credit
unions and check casher services serving low income communities.

2. Such study and report carried out pursuant to this section shall
address the following issues:

(a) which products and services are offered in low income communities
versus which products and services are offered in higher income
communities;

(b) review of whether different fees are charged by financial service
providers for products and services in low income communities and in
higher income communities, including but not limited to, use of
automated teller machine (ATM) fees, checking account fees, and
overdraw fees;

(c) review of whether different interest rates are instituted by
financial service providers for products and services in low income
communities and higher income communities;

(d) The impact of payday loans within low income communities, the
prevalence of such loans and the interest rates charged for such
loans; and

(e)The current impact and outcome of the State's 1977 Community
Reinvestment Act and federal CRA.

3. Such report shall be made to the governor, the speaker of the
assembly and the temporary president of the senate no later than
January 1, 2017.

4. The superintendent of financial services may request, and is
authorized to receive, any information from any state agencies that is
relevant and material to the completion of this study and report.
Such information shall be subject to the same requirements for
confidentiality and limitations of use, if any, as are applicable to
such state agencies use of such information.

Section 2: This act shall take effect immediately and shall expire and
be deemed repealed January 1, 2018.

JUSTIFICATION :

A long history of discriminatory banking policies and practices has
left low income communities with limited financial service options,
costly banking fees, and a proliferation of financial services with
exorbitant fees and interest rates. A review of the current state of
banking and financial services in low income communities is needed in
order to access overall impact on the residents of these communities,
The study will also help shape future public policy that will improve
banking and financial services available in low income communities.

PRIOR LEGISLATIVE HISTORY :

2014: S659B/A5175C - REFERRED TO BANKS/passed assembly
2013: S4659/A5175 - REFERRED TO BANKS/reported referred to ways and
means

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :

None, the New York State Department of Financial Services has all the
data from banking and financial institutions to make the comparisons
required in this legislation. DFS staff that has oversight
responsibilities over banking rules and regulations is able to compile
this data.

EFFECTIVE DATE :
This act shall take effect immediately and shall expire and be deemed
repealed January 1, 2018.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 575--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Banks  --  recommitted  to
  the  Committee  on  Banks  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  in relation to requiring a study and report on banking products
  and services offered in low  income  communities  and  the  impact  of
  traditional banks, credit unions and check casher services serving low
  income  communities;  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. 1. The superintendent of financial services shall study and
issue a comprehensive report on banking products and services offered in
low  income  communities  and  the  impact  of traditional banks, credit
unions and check casher services serving low income communities.
  2. Such study and report carried out pursuant to  this  section  shall
address the following issues:
  (a)  which products and services are offered in low income communities
versus which products and services are offered in higher income communi-
ties;
  (b) review of whether different fees are charged by financial  service
providers  for  products  and  services in low income communities and in
higher income communities, including but not limited to,  use  of  auto-
mated  teller  machine  (ATM) fees, checking account fees, and overdraft
fees;
  (c) review of whether  different  interest  rates  are  instituted  by
financial  service  providers  for  products  and services in low income
communities and in higher income communities, including but not  limited
to, savings account interest rates and interest rates on loans;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00184-02-6

S. 575--A                           2

  (d)  the  impact  of  payday  loans within low income communities, the
prevalence of such loans and the interest rates charged for such  loans,
to  the extent such information is available to the department of finan-
cial services; and
  (e)  an  analysis of the impact and current relevance of the state and
federal community reinvestment act as it affects low income  communities
and banking and financial services.
  3.  Such  report  shall  be  made  to the governor, the speaker of the
assembly and the temporary president of the senate no later than January
1, 2018.
  4. The superintendent  of  financial  services  may  request,  and  is
authorized  to  receive, any information from any state agencies that is
relevant and material to the completion of this study and  report.  Such
information shall be subject to the same requirements for confidentiali-
ty and limitations of use, if any, as are applicable to such state agen-
cy's use of such information.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed January 1, 2018.

senate Bill S576

2015-2016 Legislative Session

Provides that collateral loan brokers shall store firearms in the same manner as gunsmiths and dealers in firearms are required to store them

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Jan 07, 2015 referred to codes

S576 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S222A
2011-2012: S2017
2009-2010: S5465

S576 - Bill Texts

view summary

Provides that collateral loan brokers shall store firearms in the same manner as gunsmiths and dealers in firearms are required to store them.

view sponsor memo
BILL NUMBER: S576

TITLE OF BILL : An act to amend the penal law, in relation to the
storage of firearms by collateral loan brokers

PURPOSE :

To stem the illegal flow of firearms by regulating the pawning,
pledging, purchasing and selling of firearms by collateral loan
brokers.

SUMMARY OF PROVISIONS :

Section 1 applies laws and regulations of article 400.00 of the Penal
Law pertaining to gunsmiths and dealers in firearms to collateral loan
brokers.

Section 2 establishes the effective date.

EXISTING LAW :

Currently, there is no regulation of firearms pawning, pledging,
purchasing and selling among collateral loan brokers.

JUSTIFICATION :

A 2006 field investigation found that guns that were being sold at
pawn shops were offered for sale without necessary protections found
at other gun dealers. Investigators were told that they could buy guns
even if they were unable to pass the screening required before the
purchase of such a gun. This disregard for gun sales safeguards was
cause for great concern. This same investigations also found that
handguns at pawnshops were not as well protected as those sold at
other gun stores. During the freak winter storm that hit Buffalo in
October 2006, people were walking away with armloads of guns because
security measures which should have been in place were not. That means
that guns are being put into the hands of thieves. Unlike a
responsible dealer in firearms, this example illustrates how little
thought and preparation was put into preventing the possibility of gun
theft. This bill seeks to create a fair and balanced level playing
field of legal safeguards to more adequately protect communities
served by second hand dealers.

LEGISLATIVE HISTORY :
2013-2014: S222 - REFERRED TO CODES
2011-2012: S2017 - REFERRED TO CODES
2009-2010: S5465 (Schneiderman)/A7574 - REFERRED TO CODES/passed
assembly

FISCAL IMPLICATIONS :

None.

LOCAL 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
________________________________________________________________________

                                   576

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the penal law, in relation to the storage of firearms by
  collateral loan brokers

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

  Section  1. Section 400.00 of the penal law is amended by adding a new
subdivision 16-c to read as follows:
  16-C. COLLATERAL LOAN BROKERS. ALL LAWS AND REGULATIONS OF THIS  ARTI-
CLE  COVERING  THE  OPERATION OF GUNSMITHS AND DEALERS IN FIREARMS SHALL
HEREINAFTER APPLY TO ALL PERSONS, CORPORATIONS, PARTNERSHIPS,  OR  FIRMS
THAT PAWN, PLEDGE, PURCHASE, OR SELL FIREARMS, AND CARRY ON THE BUSINESS
OF COLLATERAL LOAN BROKERS.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01072-01-5

senate Bill S577

2015-2016 Legislative Session

Requires inspection and regulation of all electric and gas meters that measure usage of any end use customer of electricity or gas services

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to energy and telecommunications
Jan 07, 2015 referred to energy and telecommunications

S577 - Bill Details

See Assembly Version of this Bill:
A1877
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Amd §67, Pub Serv L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S221, A50
2011-2012: S1511, A41
2009-2010: S2348A, A186B

S577 - Bill Texts

view summary

Requires inspection and regulation of all electric and gas meters that measure usage of any end use customer of electricity or gas services by the public service commission.

view sponsor memo
BILL NUMBER: S577

TITLE OF BILL : An act to amend the public service law, in relation
to requiring inspection and regulation of all electric and gas meters
that measure usage of any end use customer of electricity or gas
services by the public service commission

PURPOSE :

The purpose of this bill is to require that the Public Service
Commission has jurisdiction to inspect and regulate all electric and
gas meters that measure usage of any end use customer of electricity
or gas services in the same way that PSC currently has oversight of
master meters, or revenue grade meter.

SUMMARY OF PROVISIONS :

This legislation amends subdivision one of section 67 of the public
service law, as amended by chapter 446 of the laws of 1972.

JUSTIFICATION :

A large number of buildings throughout New York State are currently
undergoing the process of converting their master metered system to
either sub or individual meters. This movement is one that policy
makers should encourage as an incredibly important and positive part
of the effort to promote energy conservation and efficiency. However,
one significant gap in the current laws and regulations regarding
sub-metering is that there currently is no oversight or regulation of
the actual sub-meters that are being placed into tenant's apartments.
The result is that tenants have no recourse to handle sub-meters that
are faulty or overcharge, except to take it to the company that
installed them or the management company that hired that company, This
bill will require oversight by the Public Service Commission to ensure
that the meters installed are appropriate, not overcharging, and meet
all other standards set by the PSC.

LEGISLATIVE HISTORY :

2013-2014: S221/A50 - REFERRED TO ENERGY AND
TELECOMMUNICATIONS/advanced to third reading
2011-2012: S1511/A41 - REFERRED TO ENERGY AND
TELECOMMUNICATION/advanced to third reading
2009-2010: S2348A (Schneiderman)/A186B - REPORTED AND COMMITTED TO
FINANCE/Passed Assembly

FISCAL IMPLICATIONS :

To be determined.

EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   577

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend  the  public  service  law,  in relation to requiring
  inspection and regulation of all electric and gas meters that  measure
  usage  of  any  end use customer of electricity or gas services by the
  public service commission

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

  Section  1.  Subdivision 1 of section 67 of the public service law, as
amended by chapter 446 of the laws  of  1972,  is  amended  to  read  as
follows:
  1.  The commission shall appoint inspectors of electric and gas meters
WHICH FOR THE PURPOSES OF THIS SECTION SHALL MEAN ALL ELECTRIC  AND  GAS
METERS  THAT MEASURE USAGE OF ANY END USE CUSTOMER OF ELECTRICITY OR GAS
SERVICES whose duty it shall be, when required  by  the  commission,  to
inspect,  examine and ascertain the accuracy of any and all electric and
gas meters used or intended to be used for  measuring  and  ascertaining
the  quantity  of  electric  current or gas furnished for light, heat or
power by any person, corporation or municipality to or for  the  use  of
any  person  or  corporation,  and to inspect, examine and ascertain the
accuracy of all apparatus for testing and proving the accuracy of  elec-
tric  and  gas  meters,  and  when found to be or made to be correct the
inspector shall stamp or mark all such meters and  apparatus  with  some
suitable  device,  which  device  shall be recorded in the office of the
secretary of state.    No  corporation,  person  or  municipality  shall
furnish,  set  or put in use any electric or gas meter the type of which
shall not have been approved by the commission.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00977-01-5

S. 577                              2

ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

senate Bill S578B

2015-2016 Legislative Session

Relates to the text of proposed constitutional amendments and questions

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • 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
Jan 06, 2016 referred to elections
May 14, 2015 print number 578b
amend and recommit to elections
Mar 13, 2015 print number 578a
amend (t) and recommit to elections
Jan 07, 2015 referred to elections

Bill Amendments

S578
S578A
S578B
S578
S578A
S578B

S578 - Bill Details

See Assembly Version of this Bill:
A4607A
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §4-108, El L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S6614
2015-2016: S578B

S578 - Bill Texts

view summary

Relates to the text of proposed constitutional amendments and questions.

view sponsor memo
BILL NUMBER: S578

TITLE OF BILL : An act to amend the election law, in relation to the
form of proposed constitutional amendments and questions; and to
repeal subdivision 3 of section 4-108 of such law

PURPOSE OR GENERAL IDEA OF BILL :

This bill clarifies which arm of government is responsible for writing
the text of proposals, propositions and referendums that appear on a
ballot.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subdivision 2 of section 4-108 of the election law to
clearly empower the Attorney General to determine the text of a ballot
question once both houses of the legislature have passed the
authorizing legislation.

Section 2 repeals subdivision 3 of section 4-108 of the election law.

Section 3 sets the effective date.

JUSTIFICATION :

Current law is unclear on where the responsibility for proposal
language lies. The state Board of Elections is charged with
transmitting the text of any proposal, proposition or referendum to
the local Boards of Elections, however the Attorney General is to
advise in the preparation of the submission. This bill will clarify
that the Attorney General, as the state's chief law enforcement
officer, is to have responsibility for the text of any statewide
ballot question.

PRIOR LEGISLATIVE HISTORY :

2014: S6614/A8313 - REFERRED TO ELECTIONS

2013: A8313 - Referred to Election Law

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
________________________________________________________________________

                                   578

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the election law, in relation to the  form  of  proposed
  constitutional  amendments  and questions; and to repeal subdivision 3
  of section 4-108 of such law

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

  Section  1.  Subdivision  2  of  section 4-108 of the election law, as
amended by chapter 136 of the laws  of  1978,  is  amended  to  read  as
follows:
  2.  The  form in which the proposed amendment, proposition or question
is to be submitted shall consist of only an abbreviated title indicating
generally and briefly, and in a clear and coherent  manner  using  words
with common and every-day meanings, the subject matter of the amendment,
proposition  or question.  SUCH FORM OF SUBMISSION SHALL BE SET FORTH BY
THE ATTORNEY GENERAL FOLLOWING THE PASSAGE BY BOTH HOUSES OF LEGISLATION
AUTHORIZING THE SUBMISSION OF SUCH AMENDMENT, PROPOSITION OR QUESTION TO
THE PEOPLE FOR THEIR APPROVAL. If more than one such amendment, proposi-
tion or question is to be voted upon at such election, each such  amend-
ment,  proposition  or  question  respectively  shall  be separately and
consecutively numbered.
  S 2. Subdivision 3 of section 4-108 of the election law is REPEALED.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00964-01-5

S578A - Bill Details

See Assembly Version of this Bill:
A4607A
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §4-108, El L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S6614
2015-2016: S578B

S578A - Bill Texts

view summary

Relates to the text of proposed constitutional amendments and questions.

view sponsor memo
BILL NUMBER:S578A

TITLE OF BILL: An act to amend the election law, in relation to the
text of proposed constitutional amendments and questions

PURPOSE OR GENERAL IDEA OF BILL:

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 4-108 of the election law to require the state
board of elections to publish the text of any proposed constitutional
amendment, proposition or question, to require that the language of the
proposed amendment, proposition or question be unbiased and to require
that the language be prepared by the attorney general.

Section 3 sets the effective date.

JUSTIFICATION: Current law is unclear on where the responsibility for
proposal language lies. The state Board of Elections is charged with
transmitting the text of any proposal, proposition or referendum to the
local Boards of Elections, however the Attorney General is to advise in
the preparation of the submission. This bill will clarify that the
Attorney General, as the state's chief law enforcement officer, is to
have responsibility for the text of any statewide ballot question.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: One year after becoming law.

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

                                 578--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the election law, in relation to the text of proposed
  constitutional amendments and questions

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

  Section  1. Section 4-108 of the election law, paragraph b of subdivi-
sion 1 as amended by chapter 117 of the laws of  1985,  paragraph  d  of
subdivision 1 and subdivision 2 as amended by chapter 136 of the laws of
1978,  and subdivision 3 as added by chapter 234 of the laws of 1976, is
amended to read as follows:
  S 4-108. Certification of proposed constitutional amendments and ques-
tions.  1. a. Whenever any proposed amendment  to  the  constitution  or
other question provided by law to be submitted to a statewide vote shall
be  submitted  to  the  people  for  their  approval, the state board of
elections at least three months prior to the general election  at  which
such  amendment,  proposition  or question is to be submitted, shall (I)
transmit to each county board of elections a certified copy of the  text
of  each  amendment, proposition or question and a statement of the form
in which it is to be submitted; AND (II) PUBLISH A COPY OF THE  TEXT  OF
EACH  AMENDMENT,  PROPOSITION OR QUESTION AND A STATEMENT OF THE FORM IN
WHICH IT IS TO BE SUBMITTED ON THE STATE BOARD OF ELECTIONS WEBSITE.
  b. Whenever any proposal, proposition or referendum as provided by law
is to be submitted to a vote of the people  of  a  county,  city,  town,
village  or  special  district, at an election conducted by the board of
elections, the clerk of such political subdivision, at least  thirty-six
days prior to the election at which such proposal, proposition or refer-
endum  is  to  be submitted, shall transmit to each board of elections a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00964-02-5

S. 578--A                           2

certified copy of the text of such proposal, proposition  or  referendum
and a statement of the form in which it is to be submitted. If a special
election  is  to  be  held, such transmittal shall also give the date of
such election.
  c.  Such  certified  copy  shall set out all new matter in italics and
enclose in brackets, [    ], all matter to be eliminated  from  existing
law, and at the bottom of each page shall be appended the words:
  Explanation: Matter in italics is new, to be added; matter in brackets
[    ] is old law, to be omitted.
  d.  In  addition  to  the  text, AS REQUIRED UNDER PARAGRAPH A OF THIS
SUBDIVISION, such transmittal shall contain an abstract of such proposed
amendment, proposition or question, [prepared  by  the  state  board  of
elections]  concisely  stating the purpose and effect thereof in a clear
and coherent manner using words with common and everyday meanings.
  2. The form in which the proposed amendment, proposition  or  question
is to be submitted shall consist of only an abbreviated title indicating
generally  and  briefly,  and  in  a clear, UNBIASED and coherent manner
using words with common and every-day meanings, the  subject  matter  of
the amendment, proposition or question. If more than one such amendment,
proposition  or question is to be voted upon at such election, each such
amendment, proposition or question respectively shall be separately  and
consecutively numbered.
  3.  The  attorney general shall [advise in the preparation of] PREPARE
AND DELIVER such abstract and such form of submission, AS REQUIRED UNDER
PARAGRAPHS A AND D OF SUBDIVISION ONE OF  THIS  SECTION,  TO  THE  STATE
BOARD OF ELECTIONS AT LEAST FOUR MONTHS PRIOR TO THE GENERAL ELECTION AT
WHICH SUCH AMENDMENT, PROPOSITION OR QUESTION IS TO BE SUBMITTED.
  S  2. This act shall take effect one year after it shall have become a
law.

S578B - Bill Details

See Assembly Version of this Bill:
A4607A
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §4-108, El L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S6614
2015-2016: S578B

S578B - Bill Texts

view summary

Relates to the text of proposed constitutional amendments and questions.

view sponsor memo
BILL NUMBER:S578B

PURPOSE OR GENERAL IDEA OF BILL:

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 4-108 of the election law to require the
state board of elections to publish the text of any proposed
constitutional amendment, proposition or question, to require that the
language of the proposed amendment, proposition or question be
unbiased and to require that the language be prepared by the attorney
general.

Section 3 sets the effective date.

JUSTIFICATION: Current law is unclear on where the responsibility for
proposal language lies. The state Board of Elections is charged with
transmitting the text of any proposal, proposition or referendum to
the local Boards of Elections, however the Attorney General is to
advise in the preparation of the submission. This bill will clarify
that the Attorney General, as the state's chief law enforcement
officer, is to have responsibility for the text of any statewide
ballot question.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: One year after becoming law.

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

                                 578--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the election law, in relation to the  text  of  proposed
  constitutional amendments and questions

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

  Section 1. Section 4-108 of the election law, paragraph b of  subdivi-
sion  1  as  amended  by chapter 117 of the laws of 1985, paragraph d of
subdivision 1 and subdivision 2 as amended by chapter 136 of the laws of
1978, and subdivision 3 as added by chapter 234 of the laws of 1976,  is
amended to read as follows:
  S 4-108. Certification of proposed constitutional amendments and ques-
tions.    1.  a.  Whenever any proposed amendment to the constitution or
other question provided by law to be submitted to a statewide vote shall
be submitted to the people  for  their  approval,  the  state  board  of
elections  at  least three months prior to the general election at which
such amendment, proposition or question is to be  submitted,  shall  (I)
transmit  to each county board of elections a certified copy of the text
of each amendment, proposition or question and a statement of  the  form
in  which  it is to be submitted; AND (II) PUBLISH A COPY OF THE TEXT OF
EACH AMENDMENT, PROPOSITION OR QUESTION AND A STATEMENT OF THE  FORM  IN
WHICH  IT  IS  TO  BE  SUBMITTED ON THE STATE BOARD OF ELECTIONS WEBSITE
UNTIL THE DAY AFTER THE GENERAL ELECTION OF THAT PARTICULAR YEAR.
  b. Whenever any proposal, proposition or referendum as provided by law
is to be submitted to a vote of the people  of  a  county,  city,  town,
village  or  special  district, at an election conducted by the board of
elections, the clerk of such political subdivision, at least  thirty-six

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00964-03-5

S. 578--B                           2

days prior to the election at which such proposal, proposition or refer-
endum  is  to  be submitted, shall transmit to each board of elections a
certified copy of the text of such proposal, proposition  or  referendum
and a statement of the form in which it is to be submitted. If a special
election  is  to  be  held, such transmittal shall also give the date of
such election.
  c. Such certified copy shall set out all new  matter  in  italics  and
enclose  in brackets, [     ], all matter to be eliminated from existing
law, and at the bottom of each page shall be appended the words:
  Explanation: Matter in italics is new, to be added; matter in brackets
[    ] is old law, to be omitted.
  d. In addition to the text, AS REQUIRED  UNDER  PARAGRAPH  A  OF  THIS
SUBDIVISION, such transmittal shall contain an abstract of such proposed
amendment,  proposition  or  question,  [prepared  by the state board of
elections] concisely stating the purpose and effect thereof in  a  clear
and coherent manner using words with common and everyday meanings.
  2.  The  form in which the proposed amendment, proposition or question
is to be submitted shall consist of only an abbreviated title indicating
generally and briefly, and in a  clear,  UNBIASED  and  coherent  manner
using  words  with  common and every-day meanings, the subject matter of
the amendment, proposition or question. If more than one such amendment,
proposition or question is to be voted upon at such election, each  such
amendment,  proposition or question respectively shall be separately and
consecutively numbered.
  3. The attorney general shall [advise in the preparation  of]  PREPARE
AND DELIVER such abstract and such form of submission, AS REQUIRED UNDER
PARAGRAPHS  A  AND  D  OF  SUBDIVISION ONE OF THIS SECTION, TO THE STATE
BOARD OF ELECTIONS AT LEAST FOUR MONTHS PRIOR TO THE GENERAL ELECTION AT
WHICH SUCH AMENDMENT, PROPOSITION OR QUESTION IS TO BE SUBMITTED.
  S 2. This act shall take effect one year after it shall have become  a
law.

senate Bill S578A

2015-2016 Legislative Session

Relates to the text of proposed constitutional amendments and questions

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • 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
Jan 06, 2016 referred to elections
May 14, 2015 print number 578b
amend and recommit to elections
Mar 13, 2015 print number 578a
amend (t) and recommit to elections
Jan 07, 2015 referred to elections

Bill Amendments

S578
S578A
S578B
S578
S578A
S578B

S578 - Bill Details

See Assembly Version of this Bill:
A4607
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §4-108, El L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S6614
2015-2016: S578B

S578 - Bill Texts

view summary

Relates to the text of proposed constitutional amendments and questions.

view sponsor memo
BILL NUMBER: S578

TITLE OF BILL : An act to amend the election law, in relation to the
form of proposed constitutional amendments and questions; and to
repeal subdivision 3 of section 4-108 of such law

PURPOSE OR GENERAL IDEA OF BILL :

This bill clarifies which arm of government is responsible for writing
the text of proposals, propositions and referendums that appear on a
ballot.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subdivision 2 of section 4-108 of the election law to
clearly empower the Attorney General to determine the text of a ballot
question once both houses of the legislature have passed the
authorizing legislation.

Section 2 repeals subdivision 3 of section 4-108 of the election law.

Section 3 sets the effective date.

JUSTIFICATION :

Current law is unclear on where the responsibility for proposal
language lies. The state Board of Elections is charged with
transmitting the text of any proposal, proposition or referendum to
the local Boards of Elections, however the Attorney General is to
advise in the preparation of the submission. This bill will clarify
that the Attorney General, as the state's chief law enforcement
officer, is to have responsibility for the text of any statewide
ballot question.

PRIOR LEGISLATIVE HISTORY :

2014: S6614/A8313 - REFERRED TO ELECTIONS

2013: A8313 - Referred to Election Law

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
________________________________________________________________________

                                   578

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the election law, in relation to the  form  of  proposed
  constitutional  amendments  and questions; and to repeal subdivision 3
  of section 4-108 of such law

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

  Section  1.  Subdivision  2  of  section 4-108 of the election law, as
amended by chapter 136 of the laws  of  1978,  is  amended  to  read  as
follows:
  2.  The  form in which the proposed amendment, proposition or question
is to be submitted shall consist of only an abbreviated title indicating
generally and briefly, and in a clear and coherent  manner  using  words
with common and every-day meanings, the subject matter of the amendment,
proposition  or question.  SUCH FORM OF SUBMISSION SHALL BE SET FORTH BY
THE ATTORNEY GENERAL FOLLOWING THE PASSAGE BY BOTH HOUSES OF LEGISLATION
AUTHORIZING THE SUBMISSION OF SUCH AMENDMENT, PROPOSITION OR QUESTION TO
THE PEOPLE FOR THEIR APPROVAL. If more than one such amendment, proposi-
tion or question is to be voted upon at such election, each such  amend-
ment,  proposition  or  question  respectively  shall  be separately and
consecutively numbered.
  S 2. Subdivision 3 of section 4-108 of the election law is REPEALED.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00964-01-5

S578A - Bill Details

See Assembly Version of this Bill:
A4607
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §4-108, El L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S6614
2015-2016: S578B

S578A - Bill Texts

view summary

Relates to the text of proposed constitutional amendments and questions.

view sponsor memo
BILL NUMBER:S578A

TITLE OF BILL: An act to amend the election law, in relation to the
text of proposed constitutional amendments and questions

PURPOSE OR GENERAL IDEA OF BILL:

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 4-108 of the election law to require the state
board of elections to publish the text of any proposed constitutional
amendment, proposition or question, to require that the language of the
proposed amendment, proposition or question be unbiased and to require
that the language be prepared by the attorney general.

Section 3 sets the effective date.

JUSTIFICATION: Current law is unclear on where the responsibility for
proposal language lies. The state Board of Elections is charged with
transmitting the text of any proposal, proposition or referendum to the
local Boards of Elections, however the Attorney General is to advise in
the preparation of the submission. This bill will clarify that the
Attorney General, as the state's chief law enforcement officer, is to
have responsibility for the text of any statewide ballot question.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: One year after becoming law.

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

                                 578--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the election law, in relation to the text of proposed
  constitutional amendments and questions

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

  Section  1. Section 4-108 of the election law, paragraph b of subdivi-
sion 1 as amended by chapter 117 of the laws of  1985,  paragraph  d  of
subdivision 1 and subdivision 2 as amended by chapter 136 of the laws of
1978,  and subdivision 3 as added by chapter 234 of the laws of 1976, is
amended to read as follows:
  S 4-108. Certification of proposed constitutional amendments and ques-
tions.  1. a. Whenever any proposed amendment  to  the  constitution  or
other question provided by law to be submitted to a statewide vote shall
be  submitted  to  the  people  for  their  approval, the state board of
elections at least three months prior to the general election  at  which
such  amendment,  proposition  or question is to be submitted, shall (I)
transmit to each county board of elections a certified copy of the  text
of  each  amendment, proposition or question and a statement of the form
in which it is to be submitted; AND (II) PUBLISH A COPY OF THE  TEXT  OF
EACH  AMENDMENT,  PROPOSITION OR QUESTION AND A STATEMENT OF THE FORM IN
WHICH IT IS TO BE SUBMITTED ON THE STATE BOARD OF ELECTIONS WEBSITE.
  b. Whenever any proposal, proposition or referendum as provided by law
is to be submitted to a vote of the people  of  a  county,  city,  town,
village  or  special  district, at an election conducted by the board of
elections, the clerk of such political subdivision, at least  thirty-six
days prior to the election at which such proposal, proposition or refer-
endum  is  to  be submitted, shall transmit to each board of elections a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00964-02-5

S. 578--A                           2

certified copy of the text of such proposal, proposition  or  referendum
and a statement of the form in which it is to be submitted. If a special
election  is  to  be  held, such transmittal shall also give the date of
such election.
  c.  Such  certified  copy  shall set out all new matter in italics and
enclose in brackets, [    ], all matter to be eliminated  from  existing
law, and at the bottom of each page shall be appended the words:
  Explanation: Matter in italics is new, to be added; matter in brackets
[    ] is old law, to be omitted.
  d.  In  addition  to  the  text, AS REQUIRED UNDER PARAGRAPH A OF THIS
SUBDIVISION, such transmittal shall contain an abstract of such proposed
amendment, proposition or question, [prepared  by  the  state  board  of
elections]  concisely  stating the purpose and effect thereof in a clear
and coherent manner using words with common and everyday meanings.
  2. The form in which the proposed amendment, proposition  or  question
is to be submitted shall consist of only an abbreviated title indicating
generally  and  briefly,  and  in  a clear, UNBIASED and coherent manner
using words with common and every-day meanings, the  subject  matter  of
the amendment, proposition or question. If more than one such amendment,
proposition  or question is to be voted upon at such election, each such
amendment, proposition or question respectively shall be separately  and
consecutively numbered.
  3.  The  attorney general shall [advise in the preparation of] PREPARE
AND DELIVER such abstract and such form of submission, AS REQUIRED UNDER
PARAGRAPHS A AND D OF SUBDIVISION ONE OF  THIS  SECTION,  TO  THE  STATE
BOARD OF ELECTIONS AT LEAST FOUR MONTHS PRIOR TO THE GENERAL ELECTION AT
WHICH SUCH AMENDMENT, PROPOSITION OR QUESTION IS TO BE SUBMITTED.
  S  2. This act shall take effect one year after it shall have become a
law.

S578B - Bill Details

See Assembly Version of this Bill:
A4607
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §4-108, El L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S6614
2015-2016: S578B

S578B - Bill Texts

view summary

Relates to the text of proposed constitutional amendments and questions.

view sponsor memo
BILL NUMBER:S578B

PURPOSE OR GENERAL IDEA OF BILL:

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 4-108 of the election law to require the
state board of elections to publish the text of any proposed
constitutional amendment, proposition or question, to require that the
language of the proposed amendment, proposition or question be
unbiased and to require that the language be prepared by the attorney
general.

Section 3 sets the effective date.

JUSTIFICATION: Current law is unclear on where the responsibility for
proposal language lies. The state Board of Elections is charged with
transmitting the text of any proposal, proposition or referendum to
the local Boards of Elections, however the Attorney General is to
advise in the preparation of the submission. This bill will clarify
that the Attorney General, as the state's chief law enforcement
officer, is to have responsibility for the text of any statewide
ballot question.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: One year after becoming law.

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

                                 578--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the election law, in relation to the  text  of  proposed
  constitutional amendments and questions

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

  Section 1. Section 4-108 of the election law, paragraph b of  subdivi-
sion  1  as  amended  by chapter 117 of the laws of 1985, paragraph d of
subdivision 1 and subdivision 2 as amended by chapter 136 of the laws of
1978, and subdivision 3 as added by chapter 234 of the laws of 1976,  is
amended to read as follows:
  S 4-108. Certification of proposed constitutional amendments and ques-
tions.    1.  a.  Whenever any proposed amendment to the constitution or
other question provided by law to be submitted to a statewide vote shall
be submitted to the people  for  their  approval,  the  state  board  of
elections  at  least three months prior to the general election at which
such amendment, proposition or question is to be  submitted,  shall  (I)
transmit  to each county board of elections a certified copy of the text
of each amendment, proposition or question and a statement of  the  form
in  which  it is to be submitted; AND (II) PUBLISH A COPY OF THE TEXT OF
EACH AMENDMENT, PROPOSITION OR QUESTION AND A STATEMENT OF THE  FORM  IN
WHICH  IT  IS  TO  BE  SUBMITTED ON THE STATE BOARD OF ELECTIONS WEBSITE
UNTIL THE DAY AFTER THE GENERAL ELECTION OF THAT PARTICULAR YEAR.
  b. Whenever any proposal, proposition or referendum as provided by law
is to be submitted to a vote of the people  of  a  county,  city,  town,
village  or  special  district, at an election conducted by the board of
elections, the clerk of such political subdivision, at least  thirty-six

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00964-03-5

S. 578--B                           2

days prior to the election at which such proposal, proposition or refer-
endum  is  to  be submitted, shall transmit to each board of elections a
certified copy of the text of such proposal, proposition  or  referendum
and a statement of the form in which it is to be submitted. If a special
election  is  to  be  held, such transmittal shall also give the date of
such election.
  c. Such certified copy shall set out all new  matter  in  italics  and
enclose  in brackets, [     ], all matter to be eliminated from existing
law, and at the bottom of each page shall be appended the words:
  Explanation: Matter in italics is new, to be added; matter in brackets
[    ] is old law, to be omitted.
  d. In addition to the text, AS REQUIRED  UNDER  PARAGRAPH  A  OF  THIS
SUBDIVISION, such transmittal shall contain an abstract of such proposed
amendment,  proposition  or  question,  [prepared  by the state board of
elections] concisely stating the purpose and effect thereof in  a  clear
and coherent manner using words with common and everyday meanings.
  2.  The  form in which the proposed amendment, proposition or question
is to be submitted shall consist of only an abbreviated title indicating
generally and briefly, and in a  clear,  UNBIASED  and  coherent  manner
using  words  with  common and every-day meanings, the subject matter of
the amendment, proposition or question. If more than one such amendment,
proposition or question is to be voted upon at such election, each  such
amendment,  proposition or question respectively shall be separately and
consecutively numbered.
  3. The attorney general shall [advise in the preparation  of]  PREPARE
AND DELIVER such abstract and such form of submission, AS REQUIRED UNDER
PARAGRAPHS  A  AND  D  OF  SUBDIVISION ONE OF THIS SECTION, TO THE STATE
BOARD OF ELECTIONS AT LEAST FOUR MONTHS PRIOR TO THE GENERAL ELECTION AT
WHICH SUCH AMENDMENT, PROPOSITION OR QUESTION IS TO BE SUBMITTED.
  S 2. This act shall take effect one year after it shall have become  a
law.

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