senate Bill S136A

2015-2016 Legislative Session

Relates to mandatory acceptance of empty beverage containers

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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to environmental conservation
Mar 05, 2015 print number 136a
amend and recommit to environmental conservation
Jan 07, 2015 referred to environmental conservation

Bill Amendments

S136
S136A
S136
S136A

S136 - Bill Details

See Assembly Version of this Bill:
A6257
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §27-1007, En Con L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3502
2015-2016: S136A

S136 - Bill Texts

view summary

Relates to mandatory acceptance of empty beverage containers.

view sponsor memo
BILL NUMBER: S136

TITLE OF BILL : An act to amend the environmental conservation law,
in relation to mandatory acceptance of empty beverage containers

PURPOSE :

To exempt places of business less than 2000 square feet from being
mandated to accept returns of empty containers.

SUMMARY OF PROVISIONS :

Section 1 exempts places of business less than 2000 square feet from
being mandated to accept returns of empty containers. This section
also removes the right to have such places of business except empty
containers from the New York Bottle Bill of Rights.

Section 2 provides that this legislation shall take effect
immediately.

EXISTING LAW :

Stores are required to accept empty containers regardless of their
size.

JUSTIFICATION :

Stores under 2000 square feet lack adequate space to be able to store
empty containers that are returned to them. This often leads to
unsanitary conditions as many of these same stores prepare and sell
food. The lack of space in these stores makes it nearly impossible to
not store dirty returned containers adjacent to food products. There
exist adequate alternative locations to return empty containers for
those who wish to recycle and reclaim their deposits that do not
create similar unsanitary conditions.

LEGISLATIVE HISTORY :

2013-14: S.3502 Referred to Environmental Conservation

FISCAL IMPLICATIONS :

None.

LOCAL FISCAL IMPLICATIONS :

None.

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

                                   136

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  mandatory acceptance of empty beverage containers

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

  Section 1. Paragraph (a) of subdivision 1 and subdivision 2 of section
27-1007 of the environmental conservation law, as added by section 4  of
part  SS  of  chapter  59  of  the  laws of 2009, are amended to read as
follows:
  (a) A dealer shall accept at his or her place  of  business,  PROVIDED
THAT  SUCH  PLACE OF BUSINESS IS NOT LESS THAN TWO THOUSAND SQUARE FEET,
from a redeemer any empty beverage  containers  of  the  design,  shape,
size, color, composition and brand sold or offered for sale by the deal-
er, and shall pay to the redeemer the refund value of each such beverage
container  as  established in section 27-1005 of this title. Redemptions
of refund value must be in legal tender, or a scrip or  receipt  from  a
reverse  vending  machine,  provided  that  the  scrip or receipt can be
exchanged for legal tender for a period of  not  less  than  sixty  days
without  requiring the purchase of other goods. The use or presence of a
reverse vending machine shall not relieve a dealer  of  any  obligations
imposed pursuant to this section. If a dealer utilizes a reverse vending
machine  to  redeem  containers,  the dealer shall provide redemption of
beverage containers when the reverse vending machine  is  full,  broken,
under  repair  or  does  not accept a type of beverage container sold or
offered for sale by such dealer and may not limit the hours or  days  of
redemption except as provided by subdivision three of this section.
  2.  A dealer shall post a conspicuous sign, at the point of sale, that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00707-01-5

S. 136                              2

 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
         THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE

YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
ACT:
  THE RIGHT to return your empties for refund to any  dealer  who  sells
the  same brand, type and size, whether you bought the beverage from the
dealer or not, PROVIDED SUCH DEALER'S PLACE OF BUSINESS IS  LARGER  THAN
TWO  THOUSAND SQUARE FEET. It is illegal to return containers for refund
that you did not pay a deposit on in New York state.
  THE RIGHT to get  your  deposit  refund  in  cash,  without  proof  of
purchase.
  THE  RIGHT  to  return  your empties any day, any hour, except for the
first and last hour of the dealer's business day (empty  containers  may
be redeemed at any time in 24-hour stores).
  THE  RIGHT  to  return  your  containers if they are empty and intact.
Washing containers is not required by law, but is  strongly  recommended
to maintain sanitary conditions.
  The New York state returnable container act can be enforced by the New
York  state department of environmental conservation, the New York state
department of agriculture and markets, the New York state department  of
taxation and finance, the New York state attorney general and/or by your
local government."
  Such  sign must be no less than eight inches by ten inches in size and
have lettering a minimum of one quarter inch high, and of a color  which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
violations  of  this  title. The telephone number shall be listed on any
sign required by this section.
  S 2. This act shall take effect immediately.

S136A - Bill Details

See Assembly Version of this Bill:
A6257
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §27-1007, En Con L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3502
2015-2016: S136A

S136A - Bill Texts

view summary

Relates to mandatory acceptance of empty beverage containers.

view sponsor memo
BILL NUMBER:S136A

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
mandatory acceptance of empty beverage containers

PURPOSE:

To exempt places of business less than 2000 square feet, and food
processing establishments less than 5000 square feet, from being
mandated to accept returns of empty containers.

SUMMARY OF PROVISIONS:

Section 1 exempts places of business less than 2000 square feet, and
food processing establishments less than 5000 square feet, from being
mandated to accept returns of empty containers. This section also
removes the right to have such places of business accept empty
containers from the New York Bottle Bill of Rights. These exemptions
do not apply if the business is located in a city with a population of
one million or more.

Section 2 provides that this legislation shall take effect
immediately.

EXISTING LAW:

Stores are required to accept empty containers regardless of their
size.

JUSTIFICATION:

Stores under 2000 square feet lack adequate space to be able to store
empty containers that are returned to them. This often leads to
unsanitary conditions as many of these same stores prepare and sell
food. For this same reason, food processing establishments less than
5000 square feet should also be exempt from this mandate.

The lack of space in these stores makes it nearly impossible to avoid
storing dirty returned containers adjacent to food products. There
exist adequate alternative locations to return empty containers for
those who wish to recycle and reclaim their deposits that do not
create similar unsanitary conditions.

LEGISLATIVE HISTORY:

2013-14: S.3502 Referred to Environmental Conservation

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

Immediate.

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

                                 136--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  mandatory acceptance of empty beverage containers

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

  Section 1. Paragraph (a) of subdivision 1 and subdivision 2 of section
27-1007  of the environmental conservation law, as added by section 4 of
part SS of chapter 59 of the laws  of  2009,  are  amended  to  read  as
follows:
  (a)  A  dealer  shall accept at his or her place of business, PROVIDED
THAT SUCH PLACE OF BUSINESS IS NOT LESS THAN TWO THOUSAND SQUARE FEET OR
SUCH PLACE OF BUSINESS IS NOT LESS THAN FIVE THOUSAND SQUARE  FEET  WHEN
LICENSED  UNDER  ARTICLE  TWENTY-C OF THE AGRICULTURE AND MARKETS LAW OR
THAT SUCH PLACE OF BUSINESS IS NOT LOCATED IN A CITY WITH  A  POPULATION
OF ONE MILLION OR MORE, from a redeemer any empty beverage containers of
the  design,  shape,  size, color, composition and brand sold or offered
for sale by the dealer, and shall pay to the redeemer the  refund  value
of  each  such  beverage  container as established in section 27-1005 of
this title. Redemptions of refund value must be in legal  tender,  or  a
scrip or receipt from a reverse vending machine, provided that the scrip
or  receipt  can  be exchanged for legal tender for a period of not less
than sixty days without requiring the purchase of other goods.  The  use
or  presence  of a reverse vending machine shall not relieve a dealer of
any obligations imposed pursuant to this section. If a dealer utilizes a
reverse vending machine to redeem containers, the dealer  shall  provide
redemption  of  beverage  containers when the reverse vending machine is
full, broken, under repair  or  does  not  accept  a  type  of  beverage

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00707-03-5

S. 136--A                           2

container  sold or offered for sale by such dealer and may not limit the
hours or days of redemption except as provided by subdivision  three  of
this section.
  2.  A dealer shall post a conspicuous sign, at the point of sale, that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
         THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE

YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK  STATE  RETURNABLE  CONTAINER
ACT:
  THE  RIGHT  to  return your empties for refund to any dealer who sells
the same brand, type and size, whether you bought the beverage from  the
dealer  or  not, PROVIDED SUCH DEALER'S PLACE OF BUSINESS IS LARGER THAN
TWO THOUSAND SQUARE FEET OR SUCH DEALER'S PLACE OF  BUSINESS  IS  LARGER
THAN  FIVE  THOUSAND SQUARE FEET WHEN LICENSED UNDER ARTICLE TWENTY-C OF
THE AGRICULTURE AND MARKETS LAW OR THAT SUCH PLACE OF  BUSINESS  IS  NOT
LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.  It is ille-
gal to return containers for refund that you did not pay a deposit on in
New York state.
  THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
purchase.
  THE RIGHT to return your empties any day, any  hour,  except  for  the
first  and  last hour of the dealer's business day (empty containers may
be redeemed at any time in 24-hour stores).
  THE RIGHT to return your containers if  they  are  empty  and  intact.
Washing  containers  is not required by law, but is strongly recommended
to maintain sanitary conditions.
  The New York state returnable container act can be enforced by the New
York state department of environmental conservation, the New York  state
department  of agriculture and markets, the New York state department of
taxation and finance, the New York state attorney general and/or by your
local government."
  Such sign must be no less than eight inches by ten inches in size  and
have  lettering a minimum of one quarter inch high, and of a color which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
violations of this title. The telephone number shall be  listed  on  any
sign required by this section.
  S 2. This act shall take effect immediately.

senate Bill S136

2015-2016 Legislative Session

Relates to mandatory acceptance of empty beverage containers

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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to environmental conservation
Mar 05, 2015 print number 136a
amend and recommit to environmental conservation
Jan 07, 2015 referred to environmental conservation

Bill Amendments

S136
S136A
S136
S136A

S136 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §27-1007, En Con L
Versions Introduced in 2013-2014 Legislative Session:
S3502

S136 - Bill Texts

view summary

Relates to mandatory acceptance of empty beverage containers.

view sponsor memo
BILL NUMBER: S136

TITLE OF BILL : An act to amend the environmental conservation law,
in relation to mandatory acceptance of empty beverage containers

PURPOSE :

To exempt places of business less than 2000 square feet from being
mandated to accept returns of empty containers.

SUMMARY OF PROVISIONS :

Section 1 exempts places of business less than 2000 square feet from
being mandated to accept returns of empty containers. This section
also removes the right to have such places of business except empty
containers from the New York Bottle Bill of Rights.

Section 2 provides that this legislation shall take effect
immediately.

EXISTING LAW :

Stores are required to accept empty containers regardless of their
size.

JUSTIFICATION :

Stores under 2000 square feet lack adequate space to be able to store
empty containers that are returned to them. This often leads to
unsanitary conditions as many of these same stores prepare and sell
food. The lack of space in these stores makes it nearly impossible to
not store dirty returned containers adjacent to food products. There
exist adequate alternative locations to return empty containers for
those who wish to recycle and reclaim their deposits that do not
create similar unsanitary conditions.

LEGISLATIVE HISTORY :

2013-14: S.3502 Referred to Environmental Conservation

FISCAL IMPLICATIONS :

None.

LOCAL FISCAL IMPLICATIONS :

None.

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

                                   136

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  mandatory acceptance of empty beverage containers

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

  Section 1. Paragraph (a) of subdivision 1 and subdivision 2 of section
27-1007 of the environmental conservation law, as added by section 4  of
part  SS  of  chapter  59  of  the  laws of 2009, are amended to read as
follows:
  (a) A dealer shall accept at his or her place  of  business,  PROVIDED
THAT  SUCH  PLACE OF BUSINESS IS NOT LESS THAN TWO THOUSAND SQUARE FEET,
from a redeemer any empty beverage  containers  of  the  design,  shape,
size, color, composition and brand sold or offered for sale by the deal-
er, and shall pay to the redeemer the refund value of each such beverage
container  as  established in section 27-1005 of this title. Redemptions
of refund value must be in legal tender, or a scrip or  receipt  from  a
reverse  vending  machine,  provided  that  the  scrip or receipt can be
exchanged for legal tender for a period of  not  less  than  sixty  days
without  requiring the purchase of other goods. The use or presence of a
reverse vending machine shall not relieve a dealer  of  any  obligations
imposed pursuant to this section. If a dealer utilizes a reverse vending
machine  to  redeem  containers,  the dealer shall provide redemption of
beverage containers when the reverse vending machine  is  full,  broken,
under  repair  or  does  not accept a type of beverage container sold or
offered for sale by such dealer and may not limit the hours or  days  of
redemption except as provided by subdivision three of this section.
  2.  A dealer shall post a conspicuous sign, at the point of sale, that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00707-01-5

S. 136                              2

 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
         THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE

YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
ACT:
  THE RIGHT to return your empties for refund to any  dealer  who  sells
the  same brand, type and size, whether you bought the beverage from the
dealer or not, PROVIDED SUCH DEALER'S PLACE OF BUSINESS IS  LARGER  THAN
TWO  THOUSAND SQUARE FEET. It is illegal to return containers for refund
that you did not pay a deposit on in New York state.
  THE RIGHT to get  your  deposit  refund  in  cash,  without  proof  of
purchase.
  THE  RIGHT  to  return  your empties any day, any hour, except for the
first and last hour of the dealer's business day (empty  containers  may
be redeemed at any time in 24-hour stores).
  THE  RIGHT  to  return  your  containers if they are empty and intact.
Washing containers is not required by law, but is  strongly  recommended
to maintain sanitary conditions.
  The New York state returnable container act can be enforced by the New
York  state department of environmental conservation, the New York state
department of agriculture and markets, the New York state department  of
taxation and finance, the New York state attorney general and/or by your
local government."
  Such  sign must be no less than eight inches by ten inches in size and
have lettering a minimum of one quarter inch high, and of a color  which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
violations  of  this  title. The telephone number shall be listed on any
sign required by this section.
  S 2. This act shall take effect immediately.

S136A - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §27-1007, En Con L
Versions Introduced in 2013-2014 Legislative Session:
S3502

S136A - Bill Texts

view summary

Relates to mandatory acceptance of empty beverage containers.

view sponsor memo
BILL NUMBER:S136A

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
mandatory acceptance of empty beverage containers

PURPOSE:

To exempt places of business less than 2000 square feet, and food
processing establishments less than 5000 square feet, from being
mandated to accept returns of empty containers.

SUMMARY OF PROVISIONS:

Section 1 exempts places of business less than 2000 square feet, and
food processing establishments less than 5000 square feet, from being
mandated to accept returns of empty containers. This section also
removes the right to have such places of business accept empty
containers from the New York Bottle Bill of Rights. These exemptions
do not apply if the business is located in a city with a population of
one million or more.

Section 2 provides that this legislation shall take effect
immediately.

EXISTING LAW:

Stores are required to accept empty containers regardless of their
size.

JUSTIFICATION:

Stores under 2000 square feet lack adequate space to be able to store
empty containers that are returned to them. This often leads to
unsanitary conditions as many of these same stores prepare and sell
food. For this same reason, food processing establishments less than
5000 square feet should also be exempt from this mandate.

The lack of space in these stores makes it nearly impossible to avoid
storing dirty returned containers adjacent to food products. There
exist adequate alternative locations to return empty containers for
those who wish to recycle and reclaim their deposits that do not
create similar unsanitary conditions.

LEGISLATIVE HISTORY:

2013-14: S.3502 Referred to Environmental Conservation

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

Immediate.

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

                                 136--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  mandatory acceptance of empty beverage containers

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

  Section 1. Paragraph (a) of subdivision 1 and subdivision 2 of section
27-1007  of the environmental conservation law, as added by section 4 of
part SS of chapter 59 of the laws  of  2009,  are  amended  to  read  as
follows:
  (a)  A  dealer  shall accept at his or her place of business, PROVIDED
THAT SUCH PLACE OF BUSINESS IS NOT LESS THAN TWO THOUSAND SQUARE FEET OR
SUCH PLACE OF BUSINESS IS NOT LESS THAN FIVE THOUSAND SQUARE  FEET  WHEN
LICENSED  UNDER  ARTICLE  TWENTY-C OF THE AGRICULTURE AND MARKETS LAW OR
THAT SUCH PLACE OF BUSINESS IS NOT LOCATED IN A CITY WITH  A  POPULATION
OF ONE MILLION OR MORE, from a redeemer any empty beverage containers of
the  design,  shape,  size, color, composition and brand sold or offered
for sale by the dealer, and shall pay to the redeemer the  refund  value
of  each  such  beverage  container as established in section 27-1005 of
this title. Redemptions of refund value must be in legal  tender,  or  a
scrip or receipt from a reverse vending machine, provided that the scrip
or  receipt  can  be exchanged for legal tender for a period of not less
than sixty days without requiring the purchase of other goods.  The  use
or  presence  of a reverse vending machine shall not relieve a dealer of
any obligations imposed pursuant to this section. If a dealer utilizes a
reverse vending machine to redeem containers, the dealer  shall  provide
redemption  of  beverage  containers when the reverse vending machine is
full, broken, under repair  or  does  not  accept  a  type  of  beverage

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00707-03-5

S. 136--A                           2

container  sold or offered for sale by such dealer and may not limit the
hours or days of redemption except as provided by subdivision  three  of
this section.
  2.  A dealer shall post a conspicuous sign, at the point of sale, that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
         THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE

YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK  STATE  RETURNABLE  CONTAINER
ACT:
  THE  RIGHT  to  return your empties for refund to any dealer who sells
the same brand, type and size, whether you bought the beverage from  the
dealer  or  not, PROVIDED SUCH DEALER'S PLACE OF BUSINESS IS LARGER THAN
TWO THOUSAND SQUARE FEET OR SUCH DEALER'S PLACE OF  BUSINESS  IS  LARGER
THAN  FIVE  THOUSAND SQUARE FEET WHEN LICENSED UNDER ARTICLE TWENTY-C OF
THE AGRICULTURE AND MARKETS LAW OR THAT SUCH PLACE OF  BUSINESS  IS  NOT
LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.  It is ille-
gal to return containers for refund that you did not pay a deposit on in
New York state.
  THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
purchase.
  THE RIGHT to return your empties any day, any  hour,  except  for  the
first  and  last hour of the dealer's business day (empty containers may
be redeemed at any time in 24-hour stores).
  THE RIGHT to return your containers if  they  are  empty  and  intact.
Washing  containers  is not required by law, but is strongly recommended
to maintain sanitary conditions.
  The New York state returnable container act can be enforced by the New
York state department of environmental conservation, the New York  state
department  of agriculture and markets, the New York state department of
taxation and finance, the New York state attorney general and/or by your
local government."
  Such sign must be no less than eight inches by ten inches in size  and
have  lettering a minimum of one quarter inch high, and of a color which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
violations of this title. The telephone number shall be  listed  on  any
sign required by this section.
  S 2. This act shall take effect immediately.

senate Bill S138

2015-2016 Legislative Session

Enacts the "corporate political activity accountability to shareholders act"

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 corporations, authorities and commissions
Jan 07, 2015 referred to corporations, authorities and commissions

Co-Sponsors

S138 - Bill Details

See Assembly Version of this Bill:
A289
Current Committee:
Law Section:
Business Corporation Law
Laws Affected:
Add §§631, 1321, 1517 & 1534, BC L; add §78, Coop Corps L; add §522, N-PC L; add §35, Rail L; add §7, Transp Corps L; add §5017, Bank L; add §510, Lim Lil L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S177, A7287
2011-2012: S101, A696A
2009-2010: S7083A, A9948B

S138 - Bill Texts

view summary

Enacts the "corporate political activity accountability to shareholders act"; establishes the corporate political activity accountability to shareholders act which requires that corporate contributions to a political candidate or party committee or in support or opposition to a candidate or ballot referendum be approved by a majority of shareholders; applies to cooperative corporations, not-for-profit corporations, railroad and transportation corporations.

view sponsor memo
BILL NUMBER: S138

TITLE OF BILL : An act to amend the business corporation law, the
cooperative corporations law, the not-for-profit corporation law, the
railroad law, the transportation corporations law, the banking law and
the limited liability company law, in relation to enacting the
"corporate political activity accountability to shareholders act"

PURPOSE :

The purpose of this bill is to empower shareholders to make decisions
about core corporate political activity.

SUMMARY OF PROVISIONS :

Section 1 titles the act as the "Corporate Political Activity
Accountability to Shareholders Act".

Sections 2 through 11 requires that corporations formed under the
business corporation law, the cooperative corporation law, the
not-for-profit law, the railroad law, the transportation corporations
law, the banking law, and the limited liability company law (1) at
least annually obtain prior authorization of a majority of voting
shares before making any corporate political donations in New York, up
to a total annual aggregate amount approved by the shareholders, and
(2) disclose to its shareholders and file with the secretary of state
an accounting of all such corporate donations, including the identity
of the candidates' committees and initiatives funded and the business
rationale for such contributions. Sections 2 through 11 also provide
the attorney general with the authority to enforce the provisions of
each section.

Section 12 contains a severability clause.

Section 13 provides that this at shall take effect on the first of
August next succeeding the date on which it shall have become a law.

JUSTIFICATION :

This bill responds to the supreme Court's decision in Citizen's United
v. Federal Election Commission to effectively eliminate restrictions
on corporations' ability to expend corporate resources in support or
opposition to political candidates, political parties and ballot
referendums. Specifically, this bill gives shareholders the necessary
tools to ensure that the expenditure of corporate resources toward
political activity serves the objectives for which the corporation was
formed, is consistent with the corporation's business interests, and
enhances rather than diminishes shareholder value.

LEGISLATIVE HISTORY :

2014: S177/A7287- CONSIDERED BY CORPORATIONS, AUTHORITIES, AND
COMMISSIONS
2013: S177/A7287- CONSIDERED BY CORPORATIONS, AUTHORITIES, AND
COMMISSIONS
2012: S101/A696- COMMITTEE DISCHARGED AND COMMITTED TO RULES
2011: S101/A696- REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
2010: S.7083/A.9948- REPORTED AND COMMITTED TO FINANCE

FISCAL IMPLICATIONS :

None to the state.

EFFECTIVE; DATE :


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
































































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

                                   138

                       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 Corporations,  Authorities
  and Commissions

AN  ACT  to  amend  the business corporation law, the cooperative corpo-
  rations law, the not-for-profit corporation law, the railroad law, the
  transportation corporations law,  the  banking  law  and  the  limited
  liability  company  law,  in relation to enacting the "corporate poli-
  tical activity accountability to shareholders act"

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

  Section  1.  Short title.  This act shall be known and may be cited as
the "corporate political activity accountability to shareholders act".
  S 2. The business corporation law is amended by adding a  new  section
631 to read as follows:
S 631. POLITICAL CONTRIBUTIONS.
  (A) DEFINITIONS. WHEN USED IN THIS SECTION:
  (1)  THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION, OUTSTANDING
LOAN, ADVANCE, DEPOSIT OF MONEY OR ANY THING  OF  VALUE  PROVIDED  TO  A
POLITICAL  COMMITTEE,  PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE OR DULY
CONSTITUTED SUBCOMMITTEE OF A  COUNTY  COMMITTEE,  AS  THOSE  TERMS  ARE
DEFINED  IN  ARTICLE  FOURTEEN  OF THE ELECTION LAW, IN SUPPORT OR OPPO-
SITION TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM,  POLITICAL
PARTY,  ELECTIONEERING  COMMUNICATION  OR  ANY COMMUNICATION MADE TO THE
GENERAL PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A  GOVERNMENT
OFFICIAL,  CANDIDATE  FOR  PUBLIC  OR  PARTY  OFFICE  OR POLITICAL PARTY
REGARDING PENDING LEGISLATION, PUBLIC POLICY OR  A  GOVERNMENT  RULE  OR
REGULATION;
  (2)  THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A
PERSON FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01067-01-5

S. 138                              2

AL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR  INFOR-
MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH  COMMUNICATION.    INDEPENDENT  EXPENDITURES  DO NOT INCLUDE: (A) A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL OR DISTRIBUTED THROUGH THE FACILITIES OF  ANY  BROADCASTING  STATION,
CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR FACILITIES ARE OWNED OR
CONTROLLED BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE;  OR
(B) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR (C)
A  COMMUNICATION  WHICH  CONSTITUTES  AN  EXPENDITURE  MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (B) NOTWITHSTANDING ANY OTHER LIMITS ON CORPORATE CONTRIBUTIONS TO, OR
EXPENDITURES ON BEHALF OF, CANDIDATES FOR PUBLIC OR PARTY OFFICE,  POLI-
TICAL COMMITTEES, PARTY COMMITTEES OR BALLOT REFERENDUM, BEFORE A CORPO-
RATION OR ANY OF ITS SUBSIDIARIES MAY MAKE A CONTRIBUTION OR INDEPENDENT
EXPENDITURE,  THE CORPORATION SHALL, AT LEAST ANNUALLY, OBTAIN THE PRIOR
AUTHORIZATION BY VOTE OF A MAJORITY OF THE SHARES CAST  ON  SUCH  RESOL-
UTION  TO  MAKE CONTRIBUTIONS OR INDEPENDENT EXPENDITURES UP TO A STATED
AGGREGATE ANNUAL AMOUNT.
  (C) ANY CORPORATION, EITHER BY ITSELF OR ITS  SUBSIDIARIES,  MAKING  A
CONTRIBUTION OR INDEPENDENT EXPENDITURE SHALL AT LEAST ANNUALLY DISCLOSE
TO  ITS  SHAREHOLDERS AND FILE WITH THE SECRETARY OF STATE AN ACCOUNTING
OF  THE  CONTRIBUTIONS  AND  INDEPENDENT  EXPENDITURES  USED  FOR   SUCH
PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (3)  THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE-
PENDENT EXPENDITURE, THE IDENTITY OF THE  CANDIDATE,  REFERENDUM,  POLI-
TICAL  PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR
REGULATION SUPPORTED OR OPPOSED; AND
  (4) THE BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION  OR  INDEPENDENT
EXPENDITURE.
  (D)  THE  SECRETARY  OF  STATE  SHALL  POST  EACH CORPORATION'S ANNUAL
DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE.
  (E) THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL  PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S  3.  The business corporation law is amended by adding a new section
1321 to read as follows:
S 1321. POLITICAL CONTRIBUTIONS.
  (A) DEFINITIONS. WHEN USED IN THIS SECTION:
  (1) THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION,  OUTSTANDING
LOAN,  ADVANCE,  DEPOSIT  OF  MONEY  OR ANY THING OF VALUE PROVIDED TO A
POLITICAL COMMITTEE, PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE  OR  DULY
CONSTITUTED  SUBCOMMITTEE  OF  A  COUNTY  COMMITTEE,  AS THOSE TERMS ARE
DEFINED IN ARTICLE FOURTEEN OF THE ELECTION LAW,  IN  SUPPORT  OR  OPPO-
SITION  TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM, POLITICAL
PARTY, ELECTIONEERING COMMUNICATION OR ANY  COMMUNICATION  MADE  TO  THE
GENERAL  PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A GOVERNMENT
OFFICIAL, CANDIDATE FOR  PUBLIC  OR  PARTY  OFFICE  OR  POLITICAL  PARTY

S. 138                              3

REGARDING  PENDING  LEGISLATION,  PUBLIC  POLICY OR A GOVERNMENT RULE OR
REGULATION;
  (2)  THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A
PERSON FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR  INFOR-
MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES  WHICH:  (I)  EXPRESSLY
ADVOCATES  THE  ELECTION  OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE,  THE
CANDIDATE'S  POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE
FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF  A  BALLOT  PROPOSAL  OR  ITS
AGENTS,  DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY
SUCH COMMUNICATION.   INDEPENDENT EXPENDITURES DO  NOT  INCLUDE:  (A)  A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL  OR  DISTRIBUTED  THROUGH THE FACILITIES OF ANY BROADCASTING STATION,
CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES  ARE  OWNED  OR
CONTROLLED  BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE; OR
(B) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR (C)
A COMMUNICATION WHICH CONSTITUTES  AN  EXPENDITURE  MADE  BY  AN  ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (B) NOTWITHSTANDING ANY OTHER LIMITS ON CORPORATE CONTRIBUTIONS TO, OR
EXPENDITURES  ON BEHALF OF, CANDIDATES FOR PUBLIC OR PARTY OFFICE, POLI-
TICAL COMMITTEES,  PARTY  COMMITTEES  OR  BALLOT  REFERENDUM,  BEFORE  A
FOREIGN  CORPORATION  DOING  BUSINESS  IN  THE  STATE IN ACCORDANCE WITH
SECTION THIRTEEN HUNDRED ONE OF THIS ARTICLE MAY MAKE A CONTRIBUTION  OR
INDEPENDENT  EXPENDITURE  IN NEW YORK, THE FOREIGN CORPORATION SHALL, AT
LEAST ANNUALLY, OBTAIN THE PRIOR AUTHORIZATION BY VOTE OF A MAJORITY  OF
THE  SHARES CAST ON SUCH RESOLUTION TO MAKE CONTRIBUTIONS OR INDEPENDENT
EXPENDITURES UP TO A STATED AGGREGATE ANNUAL AMOUNT.
  (C) ANY FOREIGN CORPORATION, EITHER BY  ITSELF  OR  ITS  SUBSIDIARIES,
MAKING  A  CONTRIBUTION  OR INDEPENDENT EXPENDITURE IN NEW YORK SHALL AT
LEAST ANNUALLY DISCLOSE TO ITS SHAREHOLDERS AND FILE WITH THE  SECRETARY
OF STATE AN ACCOUNTING OF THE CONTRIBUTIONS AND INDEPENDENT EXPENDITURES
USED FOR SUCH PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (3)  THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE-
PENDENT EXPENDITURE, THE IDENTITY OF THE  CANDIDATE,  REFERENDUM,  POLI-
TICAL  PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR
REGULATION SUPPORTED OR OPPOSED; AND
  (4) THE BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION  OR  INDEPENDENT
EXPENDITURE.
  (D) THE SECRETARY OF STATE SHALL POST EACH FOREIGN CORPORATION'S ANNU-
AL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE.
  (E)  THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 4. The business corporation law is amended by adding a  new  section
1517 to read as follows:
S 1517. POLITICAL CONTRIBUTIONS.
  (A) DEFINITIONS. WHEN USED IN THIS SECTION:
  (1)  THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION, OUTSTANDING
LOAN, ADVANCE, DEPOSIT OF MONEY OR ANY THING  OF  VALUE  PROVIDED  TO  A
POLITICAL  COMMITTEE,  PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE OR DULY
CONSTITUTED SUBCOMMITTEE OF A  COUNTY  COMMITTEE,  AS  THOSE  TERMS  ARE

S. 138                              4

DEFINED  IN  ARTICLE  FOURTEEN  OF THE ELECTION LAW, IN SUPPORT OR OPPO-
SITION TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM,  POLITICAL
PARTY,  ELECTIONEERING  COMMUNICATION  OR  ANY COMMUNICATION MADE TO THE
GENERAL  PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A GOVERNMENT
OFFICIAL, CANDIDATE FOR  PUBLIC  OR  PARTY  OFFICE  OR  POLITICAL  PARTY
REGARDING  PENDING  LEGISLATION,  PUBLIC  POLICY OR A GOVERNMENT RULE OR
REGULATION;
  (2) THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY  A
PERSON  FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL PUBLIC AUDIENCE VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH  COMMUNICATION.    INDEPENDENT  EXPENDITURES  DO NOT INCLUDE: (A) A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL OR DISTRIBUTED THROUGH THE FACILITIES OF  ANY  BROADCASTING  STATION,
CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR FACILITIES ARE OWNED OR
CONTROLLED BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE;  OR
(B) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR (C)
A  COMMUNICATION  WHICH  CONSTITUTES  AN  EXPENDITURE  MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (B) NOTWITHSTANDING ANY OTHER LIMITS ON  PROFESSIONAL  SERVICE  CORPO-
RATION  CONTRIBUTIONS  TO,  OR EXPENDITURES ON BEHALF OF, CANDIDATES FOR
PUBLIC OR PARTY OFFICE, POLITICAL COMMITTEES, PARTY COMMITTEES OR BALLOT
REFERENDUM,  BEFORE  A  PROFESSIONAL  SERVICE  CORPORATION  MAY  MAKE  A
CONTRIBUTION OR INDEPENDENT EXPENDITURE, THE PROFESSIONAL SERVICE CORPO-
RATION  SHALL, AT LEAST ANNUALLY, OBTAIN THE PRIOR AUTHORIZATION BY VOTE
OF A MAJORITY OF THE SHARES CAST ON SUCH  RESOLUTION  TO  MAKE  CONTRIB-
UTIONS  OR  INDEPENDENT  EXPENDITURES  UP  TO  A STATED AGGREGATE ANNUAL
AMOUNT.
  (C) ANY PROFESSIONAL SERVICE CORPORATION,  EITHER  BY  ITSELF  OR  ITS
SUBSIDIARIES,  MAKING A CONTRIBUTION OR INDEPENDENT EXPENDITURE SHALL AT
LEAST ANNUALLY DISCLOSE TO ITS SHAREHOLDERS AND FILE WITH THE  SECRETARY
OF STATE AN ACCOUNTING OF THE CONTRIBUTIONS AND INDEPENDENT EXPENDITURES
USED FOR SUCH PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (3)  THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE-
PENDENT EXPENDITURE, THE IDENTITY OF THE  CANDIDATE,  REFERENDUM,  POLI-
TICAL  PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR
REGULATION SUPPORTED OR OPPOSED; AND
  (4) THE BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION  OR  INDEPENDENT
EXPENDITURE.
  (D) THE SECRETARY OF STATE SHALL POST EACH PROFESSIONAL SERVICE CORPO-
RATION'S ANNUAL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF
STATE.
  (E)  THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 5. The business corporation law is amended by adding a  new  section
1534 to read as follows:

S. 138                              5

S 1534. POLITICAL CONTRIBUTIONS.
  (A) DEFINITIONS. WHEN USED IN THIS SECTION:
  (1)  THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION, OUTSTANDING
LOAN, ADVANCE, DEPOSIT OF MONEY OR ANY THING  OF  VALUE  PROVIDED  TO  A
POLITICAL  COMMITTEE,  PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE OR DULY
CONSTITUTED SUBCOMMITTEE OF A  COUNTY  COMMITTEE,  AS  THOSE  TERMS  ARE
DEFINED  IN  ARTICLE  FOURTEEN  OF THE ELECTION LAW, IN SUPPORT OR OPPO-
SITION TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM,  POLITICAL
PARTY,  ELECTIONEERING  COMMUNICATION  OR  ANY COMMUNICATION MADE TO THE
GENERAL PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A  GOVERNMENT
OFFICIAL,  CANDIDATE  FOR  PUBLIC  OR  PARTY  OFFICE  OR POLITICAL PARTY
REGARDING PENDING LEGISLATION, PUBLIC POLICY OR  A  GOVERNMENT  RULE  OR
REGULATION;
  (2)  THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A
PERSON FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR  INFOR-
MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES  WHICH:  (I)  EXPRESSLY
ADVOCATES  THE  ELECTION  OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE,  THE
CANDIDATE'S  POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE
FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF  A  BALLOT  PROPOSAL  OR  ITS
AGENTS,  DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY
SUCH COMMUNICATION.   INDEPENDENT EXPENDITURES DO  NOT  INCLUDE:  (A)  A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL  OR  DISTRIBUTED  THROUGH THE FACILITIES OF ANY BROADCASTING STATION,
CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES  ARE  OWNED  OR
CONTROLLED  BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE; OR
(B) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR (C)
A COMMUNICATION WHICH CONSTITUTES  AN  EXPENDITURE  MADE  BY  AN  ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (B)  NOTWITHSTANDING  ANY OTHER LIMITS ON FOREIGN PROFESSIONAL SERVICE
CORPORATION CONTRIBUTIONS TO, OR EXPENDITURES ON BEHALF  OF,  CANDIDATES
FOR  PUBLIC  OR  PARTY OFFICE, POLITICAL COMMITTEES, PARTY COMMITTEES OR
BALLOT REFERENDUM, BEFORE A FOREIGN PROFESSIONAL SERVICE CORPORATION, AS
DEFINED BY SUBDIVISION (D) OF SECTION  FIFTEEN  HUNDRED  TWENTY-FIVE  OF
THIS  ARTICLE, MAY MAKE A CONTRIBUTION OR INDEPENDENT EXPENDITURE IN NEW
YORK, THE FOREIGN PROFESSIONAL SERVICE CORPORATION SHALL, AT LEAST ANNU-
ALLY, OBTAIN THE PRIOR AUTHORIZATION BY VOTE OF A MAJORITY OF THE SHARES
CAST ON SUCH RESOLUTION TO MAKE CONTRIBUTIONS  OR  INDEPENDENT  EXPENDI-
TURES UP TO A STATED AGGREGATE ANNUAL AMOUNT.
  (C)  ANY FOREIGN PROFESSIONAL SERVICE CORPORATION, EITHER BY ITSELF OR
ITS SUBSIDIARIES, MAKING A CONTRIBUTION OR  INDEPENDENT  EXPENDITURE  IN
NEW  YORK  SHALL AT LEAST ANNUALLY DISCLOSE TO ITS SHAREHOLDERS AND FILE
WITH THE SECRETARY OF STATE AN ACCOUNTING OF THE CONTRIBUTIONS AND INDE-
PENDENT EXPENDITURES USED FOR SUCH PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (3) THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN  INDE-
PENDENT  EXPENDITURE,  THE  IDENTITY OF THE CANDIDATE, REFERENDUM, POLI-
TICAL PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE  OR
REGULATION SUPPORTED OR OPPOSED; AND
  (4)  THE  BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION OR INDEPENDENT
EXPENDITURE.

S. 138                              6

  (D) THE SECRETARY  OF  STATE  SHALL  POST  EACH  FOREIGN  PROFESSIONAL
SERVICE  CORPORATION'S  ANNUAL  DISCLOSURE ON THE WEB SITE MAINTAINED BY
THE SECRETARY OF STATE.
  (E)  THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 6. The cooperative corporations law  is  amended  by  adding  a  new
section 78 to read as follows:
  S  78.  POLITICAL  CONTRIBUTIONS.  1.  DEFINITIONS.  WHEN USED IN THIS
SECTION:
  (A) THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION,  OUTSTANDING
LOAN,  ADVANCE,  DEPOSIT  OF  MONEY  OR ANY THING OF VALUE PROVIDED TO A
POLITICAL COMMITTEE, PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE  OR  DULY
CONSTITUTED  SUBCOMMITTEE  OF  A  COUNTY  COMMITTEE,  AS THOSE TERMS ARE
DEFINED IN ARTICLE FOURTEEN OF THE ELECTION LAW,  IN  SUPPORT  OR  OPPO-
SITION  TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM, POLITICAL
PARTY, ELECTIONEERING COMMUNICATION OR ANY  COMMUNICATION  MADE  TO  THE
GENERAL  PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A GOVERNMENT
OFFICIAL, CANDIDATE FOR  PUBLIC  OR  PARTY  OFFICE  OR  POLITICAL  PARTY
REGARDING  PENDING  LEGISLATION,  PUBLIC  POLICY OR A GOVERNMENT RULE OR
REGULATION;
  (B) THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY  A
PERSON  FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL PUBLIC AUDIENCE VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH  COMMUNICATION.    INDEPENDENT  EXPENDITURES  DO NOT INCLUDE: (A) A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL OR DISTRIBUTED THROUGH THE FACILITIES OF  ANY  BROADCASTING  STATION,
CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR FACILITIES ARE OWNED OR
CONTROLLED BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE;  OR
(B) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR (C)
A  COMMUNICATION  WHICH  CONSTITUTES  AN  EXPENDITURE  MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  2.  NOTWITHSTANDING  ANY  OTHER  LIMITS  ON  COOPERATIVE   CORPORATION
CONTRIBUTIONS  TO  OR  EXPENDITURES  ON  BEHALF OF POLITICAL CANDIDATES,
POLITICAL COMMITTEES, PARTY COMMITTEES, OR BALLOT REFERENDUMS, BEFORE  A
COOPERATIVE  CORPORATION MAY MAKE A CONTRIBUTION OR INDEPENDENT EXPENDI-
TURE, THE COOPERATIVE CORPORATION SHALL AT  LEAST  ANNUALLY  OBTAIN  THE
PRIOR  AUTHORIZATION BY VOTE OF A MAJORITY OF THE SHARES OR MEMBERS CAST
ON SUCH RESOLUTION TO MAKE CONTRIBUTIONS OR INDEPENDENT EXPENDITURES, UP
TO A STATED AGGREGATE ANNUAL AMOUNT.
  3. ANY COOPERATIVE CORPORATION, EITHER BY ITSELF OR ITS  SUBSIDIARIES,
MAKING A CONTRIBUTION OR INDEPENDENT EXPENDITURE SHALL, AT LEAST ANNUAL-
LY, DISCLOSE TO ITS SHAREHOLDERS AND FILE WITH THE SECRETARY OF STATE AN
ACCOUNTING  OF  THE  CONTRIBUTIONS AND INDEPENDENT EXPENDITURES USED FOR
SUCH PURPOSES, INCLUDING:
  (A) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (B) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;

S. 138                              7

  (C) THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN  INDE-
PENDENT  EXPENDITURE,  THE  IDENTITY OF THE CANDIDATE, REFERENDUM, POLI-
TICAL PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE  OR
REGULATION SUPPORTED OR OPPOSED; AND
  (D)  THE  BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION OR INDEPENDENT
EXPENDITURE.
  4. THE SECRETARY OF STATE SHALL POST  EACH  COOPERATIVE  CORPORATION'S
ANNUAL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE.
  5.   THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 7. The not-for-profit corporation law is amended  by  adding  a  new
section 522 to read as follows:
S 522. POLITICAL CONTRIBUTIONS.
  (A) DEFINITIONS. WHEN USED IN THIS SECTION:
  (1)  THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION, OUTSTANDING
LOAN, ADVANCE, DEPOSIT OF MONEY OR ANY THING  OF  VALUE  PROVIDED  TO  A
POLITICAL  COMMITTEE,  PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE OR DULY
CONSTITUTED SUBCOMMITTEE OF A  COUNTY  COMMITTEE,  AS  THOSE  TERMS  ARE
DEFINED  IN  ARTICLE  FOURTEEN  OF THE ELECTION LAW, IN SUPPORT OR OPPO-
SITION TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM,  POLITICAL
PARTY,  ELECTIONEERING  COMMUNICATION  OR  ANY COMMUNICATION MADE TO THE
GENERAL PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A  GOVERNMENT
OFFICIAL,  CANDIDATE  FOR  PUBLIC  OR  PARTY  OFFICE  OR POLITICAL PARTY
REGARDING PENDING LEGISLATION, PUBLIC POLICY OR  A  GOVERNMENT  RULE  OR
REGULATION;
  (2)  THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A
PERSON FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR  INFOR-
MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES  WHICH:  (I)  EXPRESSLY
ADVOCATES  THE  ELECTION  OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE,  THE
CANDIDATE'S  POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE
FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF  A  BALLOT  PROPOSAL  OR  ITS
AGENTS,  DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY
SUCH COMMUNICATION.   INDEPENDENT EXPENDITURES DO  NOT  INCLUDE:  (A)  A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL  OR  DISTRIBUTED  THROUGH THE FACILITIES OF ANY BROADCASTING STATION,
CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES  ARE  OWNED  OR
CONTROLLED  BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE; OR
(B) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR (C)
A COMMUNICATION WHICH CONSTITUTES  AN  EXPENDITURE  MADE  BY  AN  ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (B)  NOTWITHSTANDING  ANY  OTHER  LIMITS ON NOT-FOR-PROFIT CORPORATION
CONTRIBUTIONS TO, OR EXPENDITURES ON BEHALF OF, CANDIDATES FOR PUBLIC OR
PARTY OFFICE, POLITICAL COMMITTEES, PARTY COMMITTEES OR BALLOT  REFEREN-
DUM,  BEFORE A NOT-FOR-PROFIT CORPORATION OR ANY OF ITS SUBSIDIARIES MAY
MAKE A  CONTRIBUTION  OR  INDEPENDENT  EXPENDITURE,  THE  NOT-FOR-PROFIT
CORPORATION  SHALL, AT LEAST ANNUALLY, OBTAIN THE PRIOR AUTHORIZATION BY
VOTE OF A MAJORITY OF THE MEMBERS VOTING  ON  SUCH  RESOLUTION  TO  MAKE
CONTRIBUTIONS OR INDEPENDENT EXPENDITURES UP TO A STATED AGGREGATE ANNU-
AL AMOUNT.
  (C)  ANY  NOT-FOR-PROFIT  CORPORATION, EITHER BY ITSELF OR ITS SUBSID-
IARIES, MAKING A CONTRIBUTION OR INDEPENDENT EXPENDITURE SHALL AT  LEAST

S. 138                              8

ANNUALLY DISCLOSE TO ITS MEMBERS AND FILE WITH THE SECRETARY OF STATE AN
ACCOUNTING  OF  THE  CONTRIBUTIONS AND INDEPENDENT EXPENDITURES USED FOR
SUCH PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (3)  THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE-
PENDENT EXPENDITURE, THE IDENTITY OF THE  CANDIDATE,  REFERENDUM,  POLI-
TICAL  PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR
REGULATION SUPPORTED OR OPPOSED; AND
  (4) THE BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION  OR  INDEPENDENT
EXPENDITURE.
  (D)  THE  SECRETARY  OF  STATE  SHALL  POST EACH NOT-FOR-PROFIT CORPO-
RATION'S ANNUAL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF
STATE.
  (E) THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL  PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 8. The railroad law is amended by adding a new section 35 to read as
follows:
  S  35.  POLITICAL  CONTRIBUTIONS.  1.  DEFINITIONS.  WHEN USED IN THIS
SECTION:
  (A) THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION,  OUTSTANDING
LOAN,  ADVANCE,  DEPOSIT  OF  MONEY  OR ANY THING OF VALUE PROVIDED TO A
POLITICAL COMMITTEE, PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE  OR  DULY
CONSTITUTED  SUBCOMMITTEE  OF  A  COUNTY  COMMITTEE,  AS THOSE TERMS ARE
DEFINED IN ARTICLE FOURTEEN OF THE ELECTION LAW,  IN  SUPPORT  OR  OPPO-
SITION  TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM, POLITICAL
PARTY, ELECTIONEERING COMMUNICATION OR ANY  COMMUNICATION  MADE  TO  THE
GENERAL  PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A GOVERNMENT
OFFICIAL, CANDIDATE FOR  PUBLIC  OR  PARTY  OFFICE  OR  POLITICAL  PARTY
REGARDING  PENDING  LEGISLATION,  PUBLIC  POLICY OR A GOVERNMENT RULE OR
REGULATION;
  (B) THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY  A
PERSON  FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL PUBLIC AUDIENCE VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH  COMMUNICATION.    INDEPENDENT  EXPENDITURES  DO NOT INCLUDE: (A) A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL OR DISTRIBUTED THROUGH THE FACILITIES OF  ANY  BROADCASTING  STATION,
CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR FACILITIES ARE OWNED OR
CONTROLLED BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE;  OR
(B) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR (C)
A  COMMUNICATION  WHICH  CONSTITUTES  AN  EXPENDITURE  MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  2. NOTWITHSTANDING ANY OTHER LIMITS ON RAILROAD  CORPORATION  CONTRIB-
UTIONS  TO  OR EXPENDITURES ON BEHALF OF POLITICAL CANDIDATES, POLITICAL
COMMITTEES, PARTY COMMITTEES, OR BALLOT REFERENDUMS, BEFORE  A  RAILROAD
CORPORATION  MAY  MAKE  A  CONTRIBUTION  OR INDEPENDENT EXPENDITURE, THE
RAILROAD CORPORATION SHALL AT LEAST ANNUALLY OBTAIN THE  PRIOR  AUTHORI-

S. 138                              9

ZATION  BY  VOTE  OF  A  MAJORITY  OF THE SHARES OR MEMBERS CAST ON SUCH
RESOLUTION TO MAKE CONTRIBUTIONS OR INDEPENDENT EXPENDITURES,  UP  TO  A
STATED AGGREGATE ANNUAL AMOUNT.
  3.  ANY  RAILROAD  CORPORATION,  EITHER BY ITSELF OR ITS SUBSIDIARIES,
MAKING CONTRIBUTIONS OR INDEPENDENT EXPENDITURES SHALL, AT LEAST ANNUAL-
LY, DISCLOSE TO ITS SHAREHOLDERS AND FILE WITH THE SECRETARY OF STATE AN
ACCOUNTING OF THE CONTRIBUTIONS AND INDEPENDENT  EXPENDITURES  USED  FOR
SUCH PURPOSES, INCLUDING:
  (A) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (B) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (C)  THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE-
PENDENT EXPENDITURE, THE IDENTITY OF THE  CANDIDATE,  REFERENDUM,  POLI-
TICAL  PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR
REGULATION SUPPORTED OR OPPOSED; AND
  (D) THE BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION  OR  INDEPENDENT
EXPENDITURE.
  4. THE SECRETARY OF STATE SHALL POST EACH RAILROAD CORPORATION'S ANNU-
AL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE.
  5.   THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 9. The transportation corporations law is amended by  adding  a  new
section 7 to read as follows:
  S  7.  POLITICAL  CONTRIBUTIONS.  (A)  DEFINITIONS.  WHEN USED IN THIS
SECTION:
  (1) THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION,  OUTSTANDING
LOAN,  ADVANCE,  DEPOSIT  OF  MONEY  OR ANY THING OF VALUE PROVIDED TO A
POLITICAL COMMITTEE, PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE  OR  DULY
CONSTITUTED  SUBCOMMITTEE  OF  A  COUNTY  COMMITTEE,  AS THOSE TERMS ARE
DEFINED IN ARTICLE FOURTEEN OF THE ELECTION LAW,  IN  SUPPORT  OR  OPPO-
SITION  TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM, POLITICAL
PARTY, ELECTIONEERING COMMUNICATION OR ANY  COMMUNICATION  MADE  TO  THE
GENERAL  PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A GOVERNMENT
OFFICIAL, CANDIDATE FOR  PUBLIC  OR  PARTY  OFFICE  OR  POLITICAL  PARTY
REGARDING  PENDING  LEGISLATION,  PUBLIC  POLICY OR A GOVERNMENT RULE OR
REGULATION;
  (2) THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY  A
PERSON  FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL PUBLIC AUDIENCE VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH  COMMUNICATION.    INDEPENDENT  EXPENDITURES  DO NOT INCLUDE: (A) A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL OR DISTRIBUTED THROUGH THE FACILITIES OF  ANY  BROADCASTING  STATION,
CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR FACILITIES ARE OWNED OR
CONTROLLED BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE;  OR
(B) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR (C)
A  COMMUNICATION  WHICH  CONSTITUTES  AN  EXPENDITURE  MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.

S. 138                             10

  (B) NOTWITHSTANDING ANY OTHER  LIMITS  ON  TRANSPORTATION  CORPORATION
CONTRIBUTIONS TO, OR EXPENDITURES ON BEHALF OF, CANDIDATES FOR PUBLIC OR
PARTY  OFFICE, POLITICAL COMMITTEES, PARTY COMMITTEES OR BALLOT REFEREN-
DUM, BEFORE A TRANSPORTATION CORPORATION OR ANY OF ITS SUBSIDIARIES  MAY
MAKE  A  CONTRIBUTION  OR  INDEPENDENT  EXPENDITURE,  THE TRANSPORTATION
CORPORATION SHALL, AT LEAST ANNUALLY, OBTAIN THE PRIOR AUTHORIZATION  BY
VOTE  OF  A  MAJORITY  OF  THE  SHARES  CAST  ON SUCH RESOLUTION TO MAKE
CONTRIBUTIONS OR INDEPENDENT EXPENDITURES UP TO A STATED AGGREGATE ANNU-
AL AMOUNT.
  (C) ANY TRANSPORTATION CORPORATION, EITHER BY ITSELF  OR  ITS  SUBSID-
IARIES,  MAKING CONTRIBUTIONS OR INDEPENDENT EXPENDITURES SHALL AT LEAST
ANNUALLY DISCLOSE TO ITS SHAREHOLDERS AND FILE  WITH  THE  SECRETARY  OF
STATE  AN  ACCOUNTING  OF THE CONTRIBUTIONS AND INDEPENDENT EXPENDITURES
USED FOR SUCH PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (3) THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN  INDE-
PENDENT  EXPENDITURE,  THE  IDENTITY OF THE CANDIDATE, REFERENDUM, POLI-
TICAL PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE  OR
REGULATION SUPPORTED OR OPPOSED; AND
  (4)  THE  BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION OR INDEPENDENT
EXPENDITURE.
  (D) THE SECRETARY OF  STATE  SHALL  POST  EACH  TRANSPORTATION  CORPO-
RATION'S ANNUAL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF
STATE.
  (E)  THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 10. The banking law is amended by adding a new section 5017 to  read
as follows:
  S  5017.  POLITICAL  CONTRIBUTIONS.  1. DEFINITIONS. WHEN USED IN THIS
SECTION:
  (A) THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION,  OUTSTANDING
LOAN,  ADVANCE,  DEPOSIT  OF  MONEY  OR ANY THING OF VALUE PROVIDED TO A
POLITICAL COMMITTEE, PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE  OR  DULY
CONSTITUTED  SUBCOMMITTEE  OF  A  COUNTY  COMMITTEE,  AS THOSE TERMS ARE
DEFINED IN ARTICLE FOURTEEN OF THE ELECTION LAW,  IN  SUPPORT  OR  OPPO-
SITION  TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM, POLITICAL
PARTY, ELECTIONEERING COMMUNICATION OR ANY  COMMUNICATION  MADE  TO  THE
GENERAL  PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A GOVERNMENT
OFFICIAL, CANDIDATE FOR  PUBLIC  OR  PARTY  OFFICE  OR  POLITICAL  PARTY
REGARDING  PENDING  LEGISLATION,  PUBLIC  POLICY OR A GOVERNMENT RULE OR
REGULATION;
  (B) THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY  A
PERSON  FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL PUBLIC AUDIENCE VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH  COMMUNICATION.    INDEPENDENT  EXPENDITURES  DO NOT INCLUDE: (A) A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-

S. 138                             11

AL OR DISTRIBUTED THROUGH THE FACILITIES OF  ANY  BROADCASTING  STATION,
CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR FACILITIES ARE OWNED OR
CONTROLLED BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE;  OR
(B) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR (C)
A  COMMUNICATION  WHICH  CONSTITUTES  AN  EXPENDITURE  MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  2. NOTWITHSTANDING ANY OTHER LIMITS ON CORPORATION CONTRIBUTIONS TO OR
EXPENDITURES ON BEHALF OF POLITICAL  CANDIDATES,  POLITICAL  COMMITTEES,
PARTY COMMITTEES, OR BALLOT REFERENDUMS, BEFORE A CORPORATION MAY MAKE A
CONTRIBUTION  OR INDEPENDENT EXPENDITURE, THE CORPORATION SHALL AT LEAST
ANNUALLY OBTAIN THE PRIOR AUTHORIZATION BY VOTE OF  A  MAJORITY  OF  THE
SHARES OR MEMBERS CAST ON SUCH RESOLUTION TO MAKE CONTRIBUTIONS OR INDE-
PENDENT EXPENDITURES, UP TO A STATED AGGREGATE ANNUAL AMOUNT.
  3.  ANY  CORPORATION,  EITHER  BY ITSELF OR ITS SUBSIDIARIES, MAKING A
CONTRIBUTION  OR  INDEPENDENT  EXPENDITURE  SHALL,  AT  LEAST  ANNUALLY,
DISCLOSE  TO  ITS  SHAREHOLDERS  AND FILE WITH THE SECRETARY OF STATE AN
ACCOUNTING OF THE CONTRIBUTIONS AND INDEPENDENT  EXPENDITURES  USED  FOR
SUCH PURPOSES, INCLUDING:
  (A) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (B) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (C)  THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE-
PENDENT EXPENDITURE, THE IDENTITY OF THE  CANDIDATE,  REFERENDUM,  POLI-
TICAL  PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR
REGULATION SUPPORTED OR OPPOSED; AND
  (D) THE BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION  OR  INDEPENDENT
EXPENDITURE.
  4. THE SECRETARY OF STATE SHALL POST EACH CORPORATION'S ANNUAL DISCLO-
SURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE.
  5.  THE  ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 11. The limited liability company law is amended  by  adding  a  new
section 510 to read as follows:
  S  510.  POLITICAL  CONTRIBUTIONS.  (A) DEFINITIONS. WHEN USED IN THIS
SECTION:
  (1) THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION,  OUTSTANDING
LOAN,  ADVANCE,  DEPOSIT  OF  MONEY  OR ANY THING OF VALUE PROVIDED TO A
POLITICAL COMMITTEE, PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE  OR  DULY
CONSTITUTED  SUBCOMMITTEE  OF  A  COUNTY  COMMITTEE,  AS THOSE TERMS ARE
DEFINED IN ARTICLE FOURTEEN OF THE ELECTION LAW,  IN  SUPPORT  OR  OPPO-
SITION  TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM, POLITICAL
PARTY, ELECTIONEERING COMMUNICATION OR ANY  COMMUNICATION  MADE  TO  THE
GENERAL  PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A GOVERNMENT
OFFICIAL, CANDIDATE FOR  PUBLIC  OR  PARTY  OFFICE  OR  POLITICAL  PARTY
REGARDING  PENDING  LEGISLATION,  PUBLIC  POLICY OR A GOVERNMENT RULE OR
REGULATION;
  (2) THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY  A
PERSON  FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL PUBLIC AUDIENCE VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS

S. 138                             12

AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH  COMMUNICATION.    INDEPENDENT  EXPENDITURES  DO NOT INCLUDE: (A) A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL  OR  DISTRIBUTED  THROUGH THE FACILITIES OF ANY BROADCASTING STATION,
CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES  ARE  OWNED  OR
CONTROLLED  BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE; OR
(B) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR (C)
A COMMUNICATION WHICH CONSTITUTES  AN  EXPENDITURE  MADE  BY  AN  ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (B)  NOTWITHSTANDING ANY OTHER LIMITS ON CONTRIBUTIONS TO, OR EXPENDI-
TURES ON BEHALF OF, CANDIDATES FOR PUBLIC  OR  PARTY  OFFICE,  POLITICAL
COMMITTEES,  PARTY  COMMITTEES  OR  BALLOT  REFERENDUM, BEFORE A LIMITED
LIABILITY COMPANY MAY MAKE A CONTRIBUTION  OR  INDEPENDENT  EXPENDITURE,
THE LIMITED LIABILITY COMPANY SHALL, AT LEAST ANNUALLY, OBTAIN THE PRIOR
AUTHORIZATION  BY  VOTE OF A MAJORITY OF THE MEMBERS OR MANAGERS CAST ON
SUCH RESOLUTION TO MAKE CONTRIBUTIONS OR INDEPENDENT EXPENDITURES UP  TO
A STATED AGGREGATE ANNUAL AMOUNT.
  (C)  ANY  LIMITED  LIABILITY  COMPANY, EITHER BY ITSELF OR ITS SUBSID-
IARIES, MAKING A CONTRIBUTION OR INDEPENDENT EXPENDITURE SHALL AT  LEAST
ANNUALLY DISCLOSE TO ITS MEMBERS OR MANAGERS AND FILE WITH THE SECRETARY
OF STATE AN ACCOUNTING OF THE CONTRIBUTIONS AND INDEPENDENT EXPENDITURES
USED FOR SUCH PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (3)  THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE-
PENDENT EXPENDITURE, THE IDENTITY OF THE  CANDIDATE,  REFERENDUM,  POLI-
TICAL  PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR
REGULATION SUPPORTED OR OPPOSED; AND
  (4) THE BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION  OR  INDEPENDENT
EXPENDITURE.
  (D) THE SECRETARY OF STATE SHALL POST EACH LIMITED LIABILITY COMPANY'S
ANNUAL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE.
  (E)  THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 12. Severability. If any clause,  sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid and after exhaustion of all further judicial  review,
the judgment shall not affect, impair or invalidate the remainder there-
of,  but  shall  be  confined  in its operation to the clause, sentence,
paragraph, section or part of this act directly involved in the  contro-
versy in which the judgment shall have been rendered.
  S  13. This act shall take effect on the first of August next succeed-
ing the date on which it shall have become a law.

senate Bill S139

2015-2016 Legislative Session

Relates to the New York state health care quality and cost containment commission

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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2016 print number 139a
amend and recommit to insurance
Jan 06, 2016 referred to insurance
Jan 07, 2015 referred to insurance

Bill Amendments

S139
S139A
S139
S139A

S139 - Bill Details

Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §213, Ins L
Versions Introduced in 2013-2014 Legislative Session:
S3042A

S139 - Bill Texts

view summary

Provides that the New York state health care quality and cost containment commission shall evaluate each mandated benefit; investigates current practices of health plans with regard to the mandated benefit; investigates the potential premium impact of repealing and/or modifying the mandated benefits on all segments of the insurance market; holds at least two public hearings; submits a report to the legislature; makes related provisions.

view sponsor memo
BILL NUMBER: S139

TITLE OF BILL : An act to amend the insurance law, in relation to
the New York state health care quality and cost containment commission

PURPOSE :

To ensure that New York does not mandate healthcare benefits that
impose increased costs without meaningful increases in healthcare
quality.

SUMMARY OF PROVISIONS :

Section 1 requires that the commission be seated in a timely manner,
ensures that the commission includes appointees with the
qualifications to accurately assess healthcare mandates, and directs
the commission to evaluate proposed benefits using evidence based
medicine and in light of the implementation of the Affordable Care
Act. Furthermore, this section provides for a complete quality and
cost review of all mandated benefits currently in existence and
requires follow up reviews,of all mandated benefits every three years.
Following these reviews, the commission will issue recommendations for
the repeal and/or modification of mandate benefits which are not found
to meet standards for costs and or quality, to be voted on by the
legislature, without amendments.

Section 2 provides for an immediate effective date.

EXISTING LAW :

There is no timeline for the seating of the "New York State Health
Care Quality and Cost Containment Commission" and this commission only
may analyze new benefits.

JUSTIFICATION :

The "New York State Health Care Quality and Cost Containment
Commission" created a venue for the serious examination of new health
care mandates in a setting isolated from political concerns and
focused solely on healthcare quality and cost. Unfortunately this
commission is yet to be seated. By ensuring that New York does not
mandate healthcare benefits that impose increased costs without
meaningful increases in healthcare quality, businesses and individuals
in the state will see their healthcare premiums decrease.

LEGISLATIVE HISTORY :

2013-14: S.3042-A Referred to Insurance

FISCAL IMPLICATIONS :

Positive if costly mandated healthcare benefits are reduced.

LOCAL FISCAL IMPLICATIONS :

Positive if costly mandated healthcare benefits are reduced.

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

                                   139

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the insurance law, in relation to  the  New  York  state
  health care quality and cost containment commission

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

  Section 1. Section 213 of the insurance law, as added by section 1  of
part L of chapter 57 of the laws of 2007, is amended to read as follows:
  S 213. New York state health care quality and cost containment commis-
sion.  (a)  There  is hereby established within the department a commis-
sion, to be known as the "New York state health care  quality  and  cost
containment  commission".  The  commission  shall  consist  of  thirteen
members appointed by the governor, one of whom shall be the  superinten-
dent,  one  of whom shall be the commissioner of health, and six of whom
shall be appointed on the recommendation of the legislative leaders, two
on the recommendation of the temporary president of the senate,  two  on
the  recommendation of the speaker of the assembly, one on the recommen-
dation of the minority leader of the senate, and one on the  recommenda-
tion  of the minority leader of the assembly. All members shall serve at
the pleasure of the governor, and vacancies shall be  appointed  in  the
same  manner  as  original appointments. Members of the commission shall
serve without compensation, but shall be reimbursed for reasonable trav-
el expenses. In making appointments  to  the  commission,  the  governor
shall  ensure  that  the interests of health care consumers, small busi-
nesses, the medical community and health plans are  represented  on  the
commission,  AND  THAT  THE COMMISSION INCLUDE AT LEAST ONE ACTUARY, ONE
EXPERT ON HEALTH BENEFITS, HAVING NO LESS THAN FIFTEEN YEARS  OF  DIRECT
EXPERIENCE  WITH  HEALTH BENEFITS, AND ONE PHYSICIAN. ALL MEMBERS OF THE
COMMISSION SHALL BE SEATED NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01044-01-5

S. 139                              2

DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  FIFTEEN  WHICH  AMENDED
THIS SECTION AND ALL VACANCIES SHALL BE FILLED AS SOON AS PRACTICABLE.
  (b)(1) The purpose of the commission shall be to analyze the impact on
health  insurance  costs and quality of proposed legislation which would
mandate that health benefits be offered or made available in  individual
and  group health insurance policies, contracts and comprehensive health
service plans, including legislation that affects the delivery of health
benefits or services or the reimbursement of health care providers.
  (2) The governor, the chair of the senate insurance committee and  the
chair  of  the  assembly insurance committee may request in writing that
the commission evaluate a proposed mandated benefit. Upon receiving such
a request, the commission [may, by a  majority  vote  of  its  members,]
SHALL undertake an evaluation of such proposed mandated benefit.
  (3) In evaluating a proposed mandated benefit, the commission shall:
  (A)  investigate  the current practices of health plans with regard to
the proposed mandated benefit, and, to the extent possible,  self-funded
health benefit plans;
  (B)  investigate the potential premium impact of the proposed mandated
benefits on all segments of the insurance market, as well as the  poten-
tial  for  avoided costs through early detection and treatment of condi-
tions, or more cost-effective delivery of medical services; [and]
  (C) analyze the most current [medical]  AND  CREDIBLE  EVIDENCE  BASED
MEDICINE literature regarding the proposed mandated benefit PUBLISHED IN
PEER  REVIEWED  MEDICAL  LITERATURE GENERALLY RECOGNIZED BY THE RELEVANT
MEDICAL  COMMUNITY  to  determine  THE  EFFECTIVENESS  OF  THE  PROPOSED
MANDATED BENEFIT AND its impact on health care quality[.]; AND
  (D)  INVESTIGATE  THE  POTENTIAL  COST  TO  THE  STATE OF THE PROPOSED
MANDATED BENEFITS IN LIGHT OF THE IMPLEMENTATION OF THE FEDERAL AFFORDA-
BLE CARE ACT.
  (4) In evaluating a proposed mandated benefit, the commission may hold
one or more public hearings, and shall strive to obtain independent  and
verifiable information from diverse sources within the healthcare indus-
try,  medical  community  and among health care consumers with regard to
the proposed mandated benefit.
  (c) To assist the commission in its duties, and upon the direction  of
the  commission,  the  superintendent is authorized to enter into one or
more contracts with independent entities and organizations  with  demon-
strable expertise in health care quality, finance, utilization and actu-
arial  services.  For  the  purposes of this section, the superintendent
shall not enter into contracts with health plans, entities or  organiza-
tions  owned or controlled by health plans, or with significant business
relationships with health plans.
  (d) Upon completion of its evaluation of a proposed  mandated  benefit
pursuant  to this section, the commission shall deliver a written report
of its findings to the chair of the assembly insurance committee and the
chair of the senate insurance committee.
  (E)(1) BEGINNING NO LATER THAN NINE MONTHS  AFTER  THE  COMMISSION  IS
SEATED,  AND  REOCCURRING NO LESS OFTEN THAN ONCE EVERY THREE YEARS, THE
COMMISSION SHALL ANALYZE THE IMPACT ON HEALTH INSURANCE COSTS AND QUALI-
TY OF ALL STATE LAWS WHICH MANDATE THAT HEALTH BENEFITS  BE  OFFERED  OR
MADE  AVAILABLE  IN  INDIVIDUAL  AND  GROUP  HEALTH  INSURANCE POLICIES,
CONTRACTS AND COMPREHENSIVE HEALTH  SERVICE  PLANS,  INCLUDING  BUT  NOT
LIMITED  TO LAWS THAT AFFECT THE DELIVERY OF HEALTH BENEFITS OR SERVICES
OR THE REIMBURSEMENT OF HEALTH CARE PROVIDERS.
  (2) IN EVALUATING EACH MANDATED BENEFIT, THE COMMISSION SHALL:

S. 139                              3

  (A) INVESTIGATE THE CURRENT PRACTICES OF HEALTH PLANS WITH  REGARD  TO
THE  MANDATED  BENEFIT,  AND, TO THE EXTENT POSSIBLE, SELF-FUNDED HEALTH
BENEFIT PLANS INCLUDING BUT NOT LIMITED TO AVOIDED COSTS  THROUGH  EARLY
DETECTION  AND  TREATMENT OF CONDITIONS, OR MORE COST-EFFECTIVE DELIVERY
OF MEDICAL SERVICES;
  (B) INVESTIGATE THE POTENTIAL PREMIUM IMPACT OF REPEALING AND/OR MODI-
FYING THE MANDATED BENEFITS ON ALL SEGMENTS OF THE INSURANCE MARKET;
  (C)  ANALYZE  THE  MOST  CURRENT  AND CREDIBLE EVIDENCE BASED MEDICINE
LITERATURE REGARDING THE MANDATED BENEFIT  PUBLISHED  IN  PEER  REVIEWED
MEDICAL LITERATURE GENERALLY RECOGNIZED BY THE RELEVANT MEDICAL COMMUNI-
TY TO DETERMINE THE EFFECTIVENESS OF THE MANDATED BENEFIT AND ITS IMPACT
ON HEALTH CARE QUALITY; AND
  (D)  INVESTIGATE  THE  POTENTIAL  COST  TO  THE  STATE OF THE PROPOSED
MANDATED BENEFITS IN LIGHT OF THE IMPLEMENTATION OF THE FEDERAL AFFORDA-
BLE CARE ACT.
  (3) IN EVALUATING MANDATED BENEFITS, THE COMMISSION SHALL HOLD NO LESS
THAN TWO PUBLIC HEARINGS, AND SHALL STRIVE  TO  OBTAIN  INDEPENDENT  AND
VERIFIABLE  INFORMATION  FROM  DIVERSE  SOURCES  WITHIN  THE HEALTH CARE
INDUSTRY, MEDICAL COMMUNITY AND AMONG HEALTH CARE CONSUMERS WITH  REGARD
TO EACH MANDATED BENEFIT.
  (4)(A)  ON  OR BEFORE THE FIRST DAY OF FEBRUARY, TWO THOUSAND SIXTEEN,
THE COMMISSION SHALL SUBMIT TO THE LEGISLATURE AND  DISSEMINATE  TO  THE
PUBLIC  RECOMMENDATIONS FOR THE REPEAL AND/OR MODIFICATION OF STATE LAWS
WHICH MANDATE BENEFITS, ALONG WITH A SINGLE PIECE OF LEGISLATION  NECES-
SARY  TO IMPLEMENT SUCH RECOMMENDATIONS. THESE RECOMMENDATIONS SHALL NOT
BE EXPECTED TO INCREASE THE AVERAGE PREMIUM IN THE STATE.  UPON  RECEIPT
OF  SUCH RECOMMENDATIONS, THE IMPLEMENTING LEGISLATION THEREFOR SHALL BE
INTRODUCED IN BOTH HOUSES OF  THE  LEGISLATURE  WITHOUT  ANY  AMENDMENTS
WITHIN FIVE DAYS.
  (B)  THE  LEGISLATION  INTRODUCED PURSUANT TO SUBPARAGRAPH (A) OF THIS
PARAGRAPH SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH SUCH HOUSES OF
THE LEGISLATURE WITHIN NINETY DAYS, BUT NOT  SOONER  THAN  THIRTY  DAYS,
AFTER  THE COMMISSION SUBMITS ITS RECOMMENDATIONS TO THE LEGISLATURE. IF
APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR
WITHIN FIVE DAYS.
  S 2. This act shall take effect immediately.

S139A - Bill Details

Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §213, Ins L
Versions Introduced in 2013-2014 Legislative Session:
S3042A

S139A - Bill Texts

view summary

Provides that the New York state health care quality and cost containment commission shall evaluate each mandated benefit; investigates current practices of health plans with regard to the mandated benefit; investigates the potential premium impact of repealing and/or modifying the mandated benefits on all segments of the insurance market; holds at least two public hearings; submits a report to the legislature; makes related provisions.

view sponsor memo
BILL NUMBER: S139A

TITLE OF BILL : An act to amend the insurance law, in relation to
the New York state health care quality and cost containment commission

PURPOSE :

To ensure that New York does not mandate healthcare benefits that
impose increased costs without meaningful increases in healthcare
quality.

SUMMARY OF PROVISIONS :

Section 1 requires that the commission be seated in a timely manner,
ensures that the commission includes appointees with the
qualifications to accurately assess healthcare mandates, and directs
the commission to evaluate proposed benefits using evidence based
medicine and in light of the implementation of the Affordable Care
Act. Furthermore, this section provides for a complete quality and
cost review of all mandated benefits currently in existence and
requires follow up reviews, of all mandated benefits every three
years. Following these reviews, the commission will issue
recommendations for the repeal and/or modification of mandate benefits
which are not found to meet standards for costs and or quality, to be
voted on by the legislature, without amendments.

Section 2 provides for an immediate effective date.

EXISTING LAW :

There is no timeline for the seating of the "New York State Health
Care Quality and Cost Containment Commission" and this commission only
may analyze new benefits.

JUSTIFICATION :

The "New York State Health Care Quality and Cost Containment
Commission" created a venue for the serious examination of new health
care mandates in a setting isolated from political concerns and
focused solely on healthcare quality and cost. Unfortunately this
commission is yet to be seated. By ensuring that New York does not
mandate healthcare benefits that impose increased costs without
meaningful increases in healthcare quality, businesses and individuals
in the state will see their health care premiums decrease.

LEGISLATIVE HISTORY :

2013-14: S.3042-A Referred to Insurance

FISCAL IMPLICATIONS :

Positive if costly mandated healthcare benefits are reduced.

LOCAL FISCAL IMPLICATIONS :

Positive if costly mandated healthcare benefits are reduced.

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

                                 139--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the insurance law, in relation to  the  New  York  state
  health care quality and cost containment commission

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

  Section 1. Section 213 of the insurance law, as added by section 1  of
part L of chapter 57 of the laws of 2007, is amended to read as follows:
  S 213. New York state health care quality and cost containment commis-
sion.  (a)  There  is hereby established within the department a commis-
sion, to be known as the "New York state health care  quality  and  cost
containment  commission".  The  commission  shall  consist  of  thirteen
members appointed by the governor, one of whom shall be the  superinten-
dent,  one  of whom shall be the commissioner of health, and six of whom
shall be appointed on the recommendation of the legislative leaders, two
on the recommendation of the temporary president of the senate,  two  on
the  recommendation of the speaker of the assembly, one on the recommen-
dation of the minority leader of the senate, and one on the  recommenda-
tion  of the minority leader of the assembly. All members shall serve at
the pleasure of the governor, and vacancies shall be  appointed  in  the
same  manner  as  original appointments. Members of the commission shall
serve without compensation, but shall be reimbursed for reasonable trav-
el expenses. In making appointments  to  the  commission,  the  governor
shall  ensure  that  the interests of health care consumers, small busi-
nesses, the medical community and health plans are  represented  on  the
commission,  AND  THAT  THE COMMISSION INCLUDE AT LEAST ONE ACTUARY, ONE
EXPERT ON HEALTH BENEFITS, HAVING NO LESS THAN FIFTEEN YEARS  OF  DIRECT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01044-02-6

S. 139--A                           2

EXPERIENCE  WITH  HEALTH BENEFITS, AND ONE PHYSICIAN. ALL MEMBERS OF THE
COMMISSION SHALL BE SEATED NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  SIXTEEN  WHICH  AMENDED
THIS SECTION AND ALL VACANCIES SHALL BE FILLED AS SOON AS PRACTICABLE.
  (b)(1) The purpose of the commission shall be to analyze the impact on
health  insurance  costs and quality of proposed legislation which would
mandate that health benefits be offered or made available in  individual
and  group health insurance policies, contracts and comprehensive health
service plans, including legislation that affects the delivery of health
benefits or services or the reimbursement of health care providers.
  (2) The governor, the chair of the senate insurance committee and  the
chair  of  the  assembly insurance committee may request in writing that
the commission evaluate a proposed mandated benefit. Upon receiving such
a request, the commission [may, by a  majority  vote  of  its  members,]
SHALL undertake an evaluation of such proposed mandated benefit.
  (3) In evaluating a proposed mandated benefit, the commission shall:
  (A)  investigate  the current practices of health plans with regard to
the proposed mandated benefit, and, to the extent possible,  self-funded
health benefit plans;
  (B)  investigate the potential premium impact of the proposed mandated
benefits on all segments of the insurance market, as well as the  poten-
tial  for  avoided costs through early detection and treatment of condi-
tions, or more cost-effective delivery of medical services; [and]
  (C) analyze the most current [medical]  AND  CREDIBLE  EVIDENCE  BASED
MEDICINE literature regarding the proposed mandated benefit PUBLISHED IN
PEER  REVIEWED  MEDICAL  LITERATURE GENERALLY RECOGNIZED BY THE RELEVANT
MEDICAL  COMMUNITY  to  determine  THE  EFFECTIVENESS  OF  THE  PROPOSED
MANDATED BENEFIT AND its impact on health care quality[.]; AND
  (D)  INVESTIGATE  THE  POTENTIAL  COST  TO  THE  STATE OF THE PROPOSED
MANDATED BENEFITS IN LIGHT OF THE IMPLEMENTATION OF THE FEDERAL AFFORDA-
BLE CARE ACT.
  (4) In evaluating a proposed mandated benefit, the commission may hold
one or more public hearings, and shall strive to obtain independent  and
verifiable information from diverse sources within the healthcare indus-
try,  medical  community  and among health care consumers with regard to
the proposed mandated benefit.
  (c) To assist the commission in its duties, and upon the direction  of
the  commission,  the  superintendent is authorized to enter into one or
more contracts with independent entities and organizations  with  demon-
strable expertise in health care quality, finance, utilization and actu-
arial  services.  For  the  purposes of this section, the superintendent
shall not enter into contracts with health plans, entities or  organiza-
tions  owned or controlled by health plans, or with significant business
relationships with health plans.
  (d) Upon completion of its evaluation of a proposed  mandated  benefit
pursuant  to this section, the commission shall deliver a written report
of its findings to the chair of the assembly insurance committee and the
chair of the senate insurance committee.
  (E)(1) BEGINNING NO LATER THAN NINE MONTHS  AFTER  THE  COMMISSION  IS
SEATED,  AND  REOCCURRING NO LESS OFTEN THAN ONCE EVERY THREE YEARS, THE
COMMISSION SHALL ANALYZE THE IMPACT ON HEALTH INSURANCE COSTS AND QUALI-
TY OF ALL STATE LAWS WHICH MANDATE THAT HEALTH BENEFITS  BE  OFFERED  OR
MADE  AVAILABLE  IN  INDIVIDUAL  AND  GROUP  HEALTH  INSURANCE POLICIES,
CONTRACTS AND COMPREHENSIVE HEALTH  SERVICE  PLANS,  INCLUDING  BUT  NOT
LIMITED  TO LAWS THAT AFFECT THE DELIVERY OF HEALTH BENEFITS OR SERVICES
OR THE REIMBURSEMENT OF HEALTH CARE PROVIDERS.

S. 139--A                           3

  (2) IN EVALUATING EACH MANDATED BENEFIT, THE COMMISSION SHALL:
  (A)  INVESTIGATE  THE CURRENT PRACTICES OF HEALTH PLANS WITH REGARD TO
THE MANDATED BENEFIT, AND, TO THE EXTENT  POSSIBLE,  SELF-FUNDED  HEALTH
BENEFIT  PLANS  INCLUDING BUT NOT LIMITED TO AVOIDED COSTS THROUGH EARLY
DETECTION AND TREATMENT OF CONDITIONS, OR MORE  COST-EFFECTIVE  DELIVERY
OF MEDICAL SERVICES;
  (B) INVESTIGATE THE POTENTIAL PREMIUM IMPACT OF REPEALING AND/OR MODI-
FYING THE MANDATED BENEFITS ON ALL SEGMENTS OF THE INSURANCE MARKET;
  (C)  ANALYZE  THE  MOST  CURRENT  AND CREDIBLE EVIDENCE BASED MEDICINE
LITERATURE REGARDING THE MANDATED BENEFIT  PUBLISHED  IN  PEER  REVIEWED
MEDICAL LITERATURE GENERALLY RECOGNIZED BY THE RELEVANT MEDICAL COMMUNI-
TY TO DETERMINE THE EFFECTIVENESS OF THE MANDATED BENEFIT AND ITS IMPACT
ON HEALTH CARE QUALITY; AND
  (D)  INVESTIGATE  THE  POTENTIAL  COST  TO  THE  STATE OF THE PROPOSED
MANDATED BENEFITS IN LIGHT OF THE IMPLEMENTATION OF THE FEDERAL AFFORDA-
BLE CARE ACT.
  (3) IN EVALUATING MANDATED BENEFITS, THE COMMISSION SHALL HOLD NO LESS
THAN TWO PUBLIC HEARINGS, AND SHALL STRIVE  TO  OBTAIN  INDEPENDENT  AND
VERIFIABLE  INFORMATION  FROM  DIVERSE  SOURCES  WITHIN  THE HEALTH CARE
INDUSTRY, MEDICAL COMMUNITY AND AMONG HEALTH CARE CONSUMERS WITH  REGARD
TO EACH MANDATED BENEFIT.
  (4)(A) ON OR BEFORE THE FIRST DAY OF FEBRUARY, TWO THOUSAND SEVENTEEN,
THE  COMMISSION  SHALL  SUBMIT TO THE LEGISLATURE AND DISSEMINATE TO THE
PUBLIC RECOMMENDATIONS FOR THE REPEAL AND/OR MODIFICATION OF STATE  LAWS
WHICH  MANDATE BENEFITS, ALONG WITH A SINGLE PIECE OF LEGISLATION NECES-
SARY TO IMPLEMENT SUCH RECOMMENDATIONS. THESE RECOMMENDATIONS SHALL  NOT
BE  EXPECTED  TO INCREASE THE AVERAGE PREMIUM IN THE STATE. UPON RECEIPT
OF SUCH RECOMMENDATIONS, THE IMPLEMENTING LEGISLATION THEREFOR SHALL  BE
INTRODUCED  IN  BOTH  HOUSES  OF  THE LEGISLATURE WITHOUT ANY AMENDMENTS
WITHIN FIVE DAYS.
  (B) THE LEGISLATION INTRODUCED PURSUANT TO SUBPARAGRAPH  (A)  OF  THIS
PARAGRAPH SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH SUCH HOUSES OF
THE  LEGISLATURE  WITHIN  NINETY  DAYS, BUT NOT SOONER THAN THIRTY DAYS,
AFTER THE COMMISSION SUBMITS ITS RECOMMENDATIONS TO THE LEGISLATURE.  IF
APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR
WITHIN FIVE DAYS.
  S 2. This act shall take effect immediately.

senate Bill S120

2015-2016 Legislative Session

Requires compliance with the uniform land use review procedure for the disposition of school property in New York city

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 education
Jan 07, 2015 referred to education

Co-Sponsors

S120 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§454 & 471, Ed L
Versions Introduced in 2013-2014 Legislative Session:
S4643

S120 - Bill Texts

view summary

Requires compliance with the uniform land use review procedure for the disposition of school property in New York city.

view sponsor memo
BILL NUMBER: S120

TITLE OF BILL : An act to amend the education law, in relation to
requiring compliance with the uniform land use review procedure for
the disposition of school property in New York city

PURPOSE OR GENERAL IDEA OF BILL :

This bill would explicitly require the sale of NYC public school
buildings to comply with the uniform land use review procedure (ULURP)
as well as the community education councils' public hearing
requirements related to any significant change in school utilization

SUMMARY OF SPECIFIC PROVISIONS :

The bill would amend several provisions of Article 10 of the Education
Law (the NYC Educational Construction Fund Act), which was enacted in
1966 to create that fund as a public benefit corporation in which
title to NYC public school sites and facilities would be vested. Now,
almost 50 years later, it is important to clarify that certain
later-enacted provisions of the Education Law apply to sales or other
dispositions of NYC public schools, and also to provide that the ULURP
process will apply to such sales.


Section one of the bill amends sections 11 and 20 of section 454 of
the Education Law to require full compliance with the uniform land use
review procedure (ULURP). Section 2 of the bill amends section 471 of
the Education Law to do two things: 1) to require full compliance with
the uniform land use review procedure (ULURP), consistent with the
amendments made in section one of the bill, and 2) to explicitly state
that Article 10 does not supersede any of the later enacted
requirements regarding parental involvement and the duties of the
community district education councils with respect to proposed
significant changes in school utilization. Section 3 of the bill
provides for an immediate effective date.

JUSTIFICATION :

Recent proposals to sell New York City school buildings to developers
have taken parents and communities by surprise, and appear not to have
considered the impact on students, families and the surrounding
communities. Certainly there has not yet been any opportunity for
students, their families, and community members to have input in the
process. While it is to be hoped that the parental involvement
provisions of Education Law Article 52-A will be complied with, the
intent of this legislation is two-fold: first, to require ULURP
compliance with any sale, lease or disposition of NYC public school
buildings and sites, and second, to explicitly provide that Article 10
of the Education Law, enacted in 1966, does not in any way supersede
the provisions of Education Law section 2590-e, enacted many years
later. See, McKinney's Statutes § 393, text accompanying note 56
(later act to prevail in case of inconsistency).

PRIOR LEGISLATIVE HISTORY :

S.4643 of 2013-2014 (Hoylman): Died in Education

FISCAL IMPLICATIONS :

None to the state.

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
________________________________________________________________________

                                   120

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. HOYLMAN, PERKINS, SERRANO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion

AN  ACT  to amend the education law, in relation to requiring compliance
  with the uniform land use review  procedure  for  the  disposition  of
  school property in New York city

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

  Section 1. Subdivisions 11 and 20 of section 454 of the education law,
subdivision 11 as added by chapter 999 of the laws of 1966 and  subdivi-
sion  20  as amended by chapter 1036 of the laws of 1971, are amended to
read as follows:
  11. Subject to the terms and conditions  of  any  lease,  sublease  or
other agreement with third parties and to the determination of the board
of  education  that such real property is unnecessary for the present or
foreseeable future school building needs of the city  of  New  York,  to
surrender  to the appropriate city official, for other public use or for
sale, lease or other disposition in accordance with law,  real  property
held  by  the  fund  for its corporate purposes; PROVIDED, HOWEVER, THAT
PRIOR TO ANY SUCH SALE, LEASE OR OTHER DISPOSITION THERE SHALL  BE  FULL
COMPLIANCE  WITH THE PROVISIONS OF SECTION ONE HUNDRED NINETY-SEVEN-C OF
THE NEW YORK CITY CHARTER, RELATING TO UNIFORM LAND  USE  REVIEW  PROCE-
DURE,  OR  THE PROVISIONS OF ANY OTHER LOCAL LAW OF THE CITY OF NEW YORK
RELATING THERETO;
  20. At the request or with the approval of the board of education,  to
grant, sell, license, lease or otherwise transfer without public auction
or bidding any real property or any rights or interests therein or ther-
eto,  including  fee  interests,  easements, space rights or air rights,
held by it and occupied or  reserved  for  school  purposes  and  needed
therefor, to a private individual or private or public corporation sole-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01392-01-5

S. 120                              2

ly and exclusively for the purpose of developing and constructing there-
in or thereon a combined occupancy structure, or a part or portion ther-
eof,  or  for  the  purpose  of  rehabilitating or improving an existing
school to become part of a combined occupancy structure within the mean-
ing  of  this  article  subject  to  a  prior  and enforceable agreement
approved by the board of education for the reconveyance,  retransfer  or
leaseback  of  the  school portion thereof, upon completion, for use and
occupancy by the said board of education  in  those  instances  where  a
grant, sale or lease has been made to such private individual or private
or  public  corporation;  provided, however, that no such sale, lease or
transfer of lands or rights therein or thereto is authorized  where  the
development  of a combined occupancy structure contemplates the erection
of nonschool facilities or  improvements  over  an  existing  playground
unless  such  combined  occupancy  structure to be constructed over such
playground shall provide playground area at least equal in size  to  the
then  existing playground area; PROVIDED FURTHER, HOWEVER, THAT PRIOR TO
ANY GRANT, SALE, LICENSE, LEASE OR OTHER TRANSFER THERE  SHALL  BE  FULL
COMPLIANCE  WITH THE PROVISIONS OF SECTION ONE HUNDRED NINETY-SEVEN-C OF
THE NEW YORK CITY CHARTER, RELATING TO UNIFORM LAND  USE  REVIEW  PROCE-
DURE,  OR  THE PROVISIONS OF ANY OTHER LOCAL LAW OF THE CITY OF NEW YORK
RELATING THERETO;
  S 2. Section 471 of the education law, as added by chapter 999 of  the
laws of 1966, is amended to read as follows:
  S 471. Inconsistent  provisions  of other laws superseded.  Insofar as
the provisions of this article are inconsistent with the  provisions  of
any  other  general, special or local law, or with the provisions of any
charter or ordinance, the provisions of this article shall  be  control-
ling;  PROVIDED,  HOWEVER,  THAT  THE  PROVISIONS OF SECTION ONE HUNDRED
NINETY-SEVEN-C OF THE NEW YORK CITY CHARTER SHALL APPLY AS SPECIFIED  IN
SUBDIVISIONS ELEVEN AND TWENTY OF SECTION FOUR HUNDRED FIFTY-FOUR OF THE
EDUCATION  LAW; AND FURTHER PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN
ARTICLE TEN OF THE EDUCATION LAW SHALL IN ANY WAY SUPERSEDE THE REQUIRE-
MENTS REGARDING PARENTAL INVOLVEMENT AND THE POWERS AND  DUTIES  OF  THE
COMMUNITY  DISTRICT  EDUCATION  COUNCIL WITH RESPECT TO PROPOSED SIGNIF-
ICANT CHANGES IN  SCHOOL  UTILIZATION,  INCLUDING  BUT  NOT  LIMITED  TO
PHASE-OUT,  GRADE  RECONFIGURATION, RE-SITING OR CO-LOCATION OF SCHOOLS,
AND WHICH SHALL ALSO BE DEEMED TO INCLUDE THE  TEMPORARY  RELOCATION  OF
STUDENTS  THAT  WILL RESULT FROM ANY TRANSFER OF AN EXISTING SCHOOL SITE
TO A DEVELOPER FOR CONSTRUCTION OF A COMBINED OCCUPANCY STRUCTURE.   The
provisions  of  this  article shall not be deemed to prevent the city of
New York from financing the  cost  of  acquiring,  constructing,  recon-
structing,  rehabilitating  or improving one or more school buildings by
the issuance of bonds or capital notes pursuant  to  the  local  finance
law.
  S 3. This act shall take effect immediately.