senate Bill S530

2015-2016 Legislative Session

Establishes the crime of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person

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Sponsored By

Current Bill Status - In Committee


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

Actions

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

S530 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.31, 155.05 & 155.15, Pen L; amd §473, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S102
2011-2012: S6712

S530 - Bill Texts

view summary

Establishes the crimes of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person in the first, second, and third degree.

view sponsor memo
BILL NUMBER: S530

TITLE OF BILL : An act to amend the penal law and the social
services law, in relation to preventing financial exploitation of the
elderly

PURPOSE : Establishes exploitation of the vulnerable elderly or
incompetent or physically disabled as a form of larceny.

SUMMARY OF PROVISIONS :

Section 1 amends section 260.31 of the penal law by changing the
definition of "Caregiver".

Section 2 amends section 155.05 of the penal law by changing the
definition of larceny to include financial exploitation of the
vulnerable elderly or incompetent or physically disabled person.

Section 3 amends section 155.15 of the penal law by creating a defense
for financial exploitation of the vulnerable elderly or incompetent or
physically disabled.

Section 4 amends section 473 of the social services law to require
local officials to report to the appropriate district attorney's
office when there is reasonable belief that a crime is being
perpetrated against a person for whom protective services are being
provided.

Section 5 is the effective date.

JUSTIFICATION : Financial exploitation of the vulnerable elderly is
a pervasive and often unseen form of abuse. According to former Maine
Attorney General Steven Rowe, financial exploitation is a factor in
40% of all elder abuse cases. This is a trend that is only bound to
increase, given that 70% of the nation's household net worth is owned
by seniors, and our society is rapidly aging.

The National Center on Elder Abuse defines elder financial
exploitation as "the illegal or improper use of an elder's funds,
property or assets." Such instances of exploitation take form in the
way of credit card fraud, real estate scams, identify theft and
burglary. They are also notoriously difficult to combat. Even when
reported to local authorities, antiquated criminal statutes make it
difficult to prosecute these offenses.

Considering the widespread and shocking prevalence of financial
exploitation against seniors, it remains a mystery why New York has no
law to enable law enforcement to stop this abuse.

In passing this bill, New York would be joining at least 29 other
states responding to the need for increased protection for elders
against financial abuse. This bill would give district attorneys and
police the tools they need to prosecute instances of financial
exploitation.

Among its other provisions, this bill also requires adult protective
services officials to report all instances of suspected exploitation
to their district attorney's office. Timely identification of
exploitation and capable enforcement of the law will go far in
preventing financial abuses against the vulnerable elderly. In
addition, this proposal would transform convenience accounts into a
viable financial planning tool for the vulnerable elderly. Currently,
these accounts have no safeguards protecting them from unintended and
unwarranted use by persons in a position of trust.


LEGISLATIVE HISTORY : 2013-14: S.102/A.4316 Referred to
Codes/Referred to Codes 2011-12: S.6712/A.10456 Passed Senate/Referred
to Codes

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   530

                       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 Codes

AN ACT to amend the penal law and the social services law,  in  relation
  to preventing financial exploitation of the elderly

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

  Section 1.  The opening paragraph and subdivision 1 of section  260.31
of  the  penal law, the opening paragraph as added by chapter 381 of the
laws of 1998, subdivision 1 as amended and such section as renumbered by
chapter 14 of the laws of 2010, are amended to read as follows:
  For the purpose of sections 155.05, 260.32 and 260.34 of this article,
the following definitions shall apply:
  1. "Caregiver" means a person who (i) assumes responsibility  for  the
care  of  a  vulnerable  elderly person, or an incompetent or physically
disabled person pursuant to a court order; or (ii)  VOLUNTARILY  ASSUMES
RESPONSIBILITY  FOR THE CARE OF A VULNERABLE ELDERLY PERSON OR AN INCOM-
PETENT OR PHYSICALLY DISABLED PERSON;  OR  (III)  receives  monetary  or
other valuable consideration for providing care for a vulnerable elderly
person, or an incompetent or physically disabled person.
  S  2.  Subdivision  2 of section 155.05 of the penal law is amended by
adding a new paragraph (f) to read as follows:
  (F) BY FINANCIAL EXPLOITATION OF THE VULNERABLE ELDERLY OR INCOMPETENT
OR PHYSICALLY DISABLED PERSON.
  (I) A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF  A  VULNER-
ABLE  ELDERLY,  OR INCOMPETENT OR PHYSICALLY DISABLED PERSON WHEN, WHILE
IN A BUSINESS RELATIONSHIP OR CAREGIVER STATUS WITH A VULNERABLE ELDERLY
PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, HE OR SHE KNOWINGLY
OBTAINS OR USES OR ATTEMPTS  TO  OBTAIN  OR  USE  A  VULNERABLE  ELDERLY
PERSON'S  OR  INCOMPETENT  OR PHYSICALLY DISABLED PERSON'S PROPERTY WITH
THE INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THE VULNERABLE  ELDERLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03979-01-5

S. 530                              2

PERSON  OR INCOMPETENT OR PHYSICALLY DISABLED PERSON OF THE USE, BENEFIT
OR POSSESSION OF THE PROPERTY, OR TO BENEFIT HIMSELF  OR  HERSELF  OR  A
THIRD PERSON.
  (II)  A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF A VULNER-
ABLE ELDERLY, OR INCOMPETENT OR PHYSICALLY DISABLED PERSON  WHEN,  WHILE
IN A BUSINESS RELATIONSHIP OR CAREGIVER STATUS WITH A VULNERABLE ELDERLY
PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, HE OR SHE KNOWINGLY
OBTAINS  OR  USES OR ATTEMPTS TO OBTAIN OR USE CASH, SECURITIES OR OTHER
PROPERTY FROM A DEPOSIT ACCOUNT AS  DESCRIBED  IN  SECTION  SIX  HUNDRED
SEVENTY-EIGHT  OF  THE BANKING LAW FOR ANY OTHER PURPOSE BESIDES FOR THE
BENEFIT OF THE ORIGINAL DEPOSITOR WHERE THE VULNERABLE ELDERLY PERSON OR
INCOMPETENT OR PHYSICALLY DISABLED PERSON IS THE ORIGINAL  DEPOSITOR  OF
THE  ACCOUNT.  FOR  PURPOSES  OF  THIS PART, ANY BANKING ORGANIZATION OR
FOREIGN BANKING CORPORATION OR AGENT  OF  THE  ORGANIZATION  OR  FOREIGN
BANKING  CORPORATION THAT RELEASES CASH, SECURITIES OR OTHER PROPERTY TO
AN ADDITIONAL ACCOUNT HOLDER SHALL NOT BE CULPABLE OF ANY OFFENSE BY THE
SOLE ACT OF RELEASING CASH, SECURITIES OR OTHER  PROPERTY  TO  AN  ADDI-
TIONAL ACCOUNT HOLDER.
  S 3. Section 155.15 of the penal law is amended by adding a new subdi-
vision 3 to read as follows:
  3.  IN  ANY  PROSECUTION  FOR  LARCENY  BY FINANCIAL EXPLOITATION OF A
VULNERABLE ELDERLY, OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, IT  IS
AN  AFFIRMATIVE DEFENSE THAT THE DEFENDANT ACQUIRED EXPRESS CONSENT FROM
THE VULNERABLE OR INCOMPETENT OR PHYSICALLY DISABLED PERSON TO OBTAIN OR
USE THE VULNERABLE ELDERLY PERSON'S OR INCOMPETENT OR  PHYSICALLY  DISA-
BLED  PERSON'S  PROPERTY  FOR HIS OR HER OWN BENEFIT OR THE BENEFIT OF A
THIRD PERSON. CONSENT MUST HAVE BEEN GIVEN  BY  THE  VULNERABLE  ELDERLY
PERSON  OR INCOMPETENT OR PHYSICALLY DISABLED PERSON PRIOR TO LOSING THE
ABILITY TO ADEQUATELY CARE FOR HIM OR HERSELF OR BY A PERSON WHO HOLDS A
POWER OF ATTORNEY OR SIMILAR AUTHORITY OVER THE  VULNERABLE  ELDERLY  OR
INCOMPETENT  OR  PHYSICALLY  DISABLED  PERSON  AT  ANY TIME PRIOR TO THE
DEFENDANT OBTAINING OR USING OR ATTEMPTING TO OBTAIN OR USE THE  VULNER-
ABLE  ELDERLY  PERSON'S  OR  INCOMPETENT OR PHYSICALLY DISABLED PERSON'S
PROPERTY.
  S 4. Subdivision 5 of section 473 of the social services law, as added
by chapter 395 of the laws of 1995, is amended to read as follows:
  5. Whenever a social services official, or his or her designee author-
ized or required to determine the need for, or to provide or arrange for
the provision of protective services to adults in  accordance  with  the
provisions of this title has a reason to believe that a criminal offense
has  been  committed,  as defined in the penal law, against a person for
whom the need for such services is being  determined  or  to  whom  such
services are being provided or arranged, the social services official or
his  or  her  designee  must  report this information to the appropriate
police or sheriff's department and the district attorney's office  [when
such  office  has  requested  such  information  be reported by a social
services official or his or her designee].
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have  become a law.

senate Bill S531

2015-2016 Legislative Session

Lifts mandatory hiring and retirement ages for state and municipal police

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 civil service and pensions
Jan 07, 2015 referred to civil service and pensions

S531 - Bill Details

See Assembly Version of this Bill:
A2341
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §58, Civ Serv L; amd §215, Exec L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S106A, A8904
2011-2012: S5386
2009-2010: S7342

S531 - Bill Texts

view summary

Lifts mandatory hiring and retirement ages for state and municipal police.

view sponsor memo
BILL NUMBER: S531

TITLE OF BILL : An act to amend the civil service law and the
executive law, in relation to lifting mandatory hiring and retirement
ages for state and municipal police

PURPOSE :

To remove mandatory hiring and retirement ages for state and municipal
police.

SUMMARY OF PROVISIONS :

Section 1: Amends section 58 of the civil service law to remove the
maximum hiring age of 35 for municipal law enforcement officers.

Section 2: Amends section 215 of the executive law to remove the
maximum hiring age of 29 for state police, while keeping the minimum
age of 21 intact.

Section 3: Effective date.

EXISTING LAW :

Current law sets a maximum hiring age of 35 for municipal police
officers, and 29 for state police officers.

JUSTIFICATION :

New York is one of the only states to impose a hiring age limit on its
law enforcement officers. This statewide law, however, is not grounded
in empirical or scientific information. In effect, the current law
does little more than exclude qualified candidates based on one and
only one factor.

In a 1993 Pennsylvania State University study (Alternatives to
Chronological Age in Determining Standards of Suitability for Public
Safety Jobs), researchers found no correlation between age and
physical ability. Instead, they discovered that lifestyle variables,
such as exercise and diet, are much more relevant for determining a
law enforcement officer's ability to perform his or her work
effectively. Because the 1986 Age Discrimination in Employment Act
designated hiring discrimination based on age a violation of equal
opportunity practices but exempted several categories of employment
including law enforcement, researchers recommended allowing these
provisions to sunset on schedule.

As a result, New York did not have a maximum hiring age between 1994
and 1999.

A hiring age limit today does little more than shrink the pool of
eligible candidates to join New York's law enforcement ranks. Current
medical advances and longer life expectancy make age alone a poor
indicator of a candidate's ability to effectively serve in a law
enforcement capacity.

A repeal of this cap would help bring in the best talent available,
and give police departments the widest leverage in picking the most
qualified individuals. This bill would also not alter any of the other
physical or psychological requirements law enforcement candidates must
satisfy, ensuring that New York's police are prepared for the job
before them.

This bill also addresses another discrepancy in law enforcement hiring
practices. Currently, neither Niagara Frontier Transportation
Authority officers nor part-time police must satisfy a maximum age
limit. Consequently, this bill would treat all of New York's law
enforcement officers equally.

LEGISLATIVE HISTORY :

2013-14: S.106-A/A.8904 Referred to Civil Service and
Pensions/Referred to Governmental Employees
2011-12: S.5386/A.3587 Referred to Civil Service and Pensions/Referred
to Governmental Employees
2009-10: S.7342/A.10940 Referred to Civil Service and
Pensions/Referred to Governmental Employees

FISCAL IMPLICATIONS :

None.

LOCAL FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE :
On the 180th day after becoming law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   531

                       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 Civil Service and Pensions

AN ACT to amend the civil service law and the executive law, in relation
  to lifting mandatory hiring and retirement ages for state and  munici-
  pal police

  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 of section 58 of  the  civil
service  law,  as amended by chapter 244 of the laws of 2013, is amended
to read as follows:
  (a) he or she is not less than twenty years of age as of the  date  of
appointment  [nor more than thirty-five years of age as of the date when
the applicant takes the written examination, provided that  the  maximum
age  requirement  of thirty-five years of age as set forth in this para-
graph shall not apply to eligible lists finalized pursuant to  an  exam-
ination  administered  prior to May thirty-first, nineteen hundred nine-
ty-nine  or  a  police  officer  in  the  department  of   environmental
conservation, provided, however, that:
  (i)  time spent on military duty or on terminal leave, not exceeding a
total of six years, shall be subtracted from the age  of  any  applicant
who  has passed his or her thirty-fifth birthday as provided in subdivi-
sion ten-a of section two hundred forty-three of the military law;
  (ii) such maximum age requirement of thirty-five years shall not apply
to any police officer as defined in subdivision thirty-four  of  section
1.20 of the criminal procedure law, who was continuously employed by the
Buffalo  municipal housing authority between January first, two thousand
five and June thirtieth, two thousand five and who takes the next  writ-
ten  exam  offered  after the effective date of this subparagraph by the
city of Buffalo civil service commission  for  employment  as  a  police

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01043-01-5

S. 531                              2

officer in the city of Buffalo police department, or June thirtieth, two
thousand six, whichever is later; and
  (iii)  such  maximum  age  requirement  of thirty-five years shall not
apply to any police officer of any county, town, city or village  police
force  not  otherwise  provided for in this section if the eligible list
has been exhausted and there are no other eligible candidates; provided,
however, the police officer themselves are on the eligible list of  such
county,  town,  city or village and meet all other requirements of merit
and fitness set forth by this chapter and do not exceed the maximum  age
of thirty-nine];
  S  2. Subdivision 3 of section 215 of the executive law, as amended by
chapter 478 of the laws of 2004, is amended to read as follows:
  3. The sworn members of the New York state police shall  be  appointed
by  the  superintendent  and  permanent appointees may be removed by the
superintendent only after a hearing. No person shall be appointed to the
New York state police force as a sworn member unless he or she shall  be
a  citizen  of  the  United  States, [between the ages of twenty-one and
twenty-nine years except that in the  superintendent's  discretion,  the
maximum  age  may  be extended to thirty-five years. Notwithstanding any
other provision of law or any general or special law to the contrary the
time spent on military duty, not exceeding a total of six  years,  shall
be  subtracted  from  the age of any applicant who has passed his or her
twenty-ninth birthday, solely for the purpose of  permitting  qualifica-
tion  as  to  age  and  for no other purpose. Such limitations as to age
however shall not apply to persons appointed to the positions  of  coun-
sel,  first  assistant  counsel, assistant counsel, and assistant deputy
superintendent for employee relations nor to any person appointed to the
bureau of criminal investigation pursuant to section two hundred sixteen
of this article nor shall any person be appointed] NOT LESS  THAN  TWEN-
TY-ONE  YEARS  OF AGE AS OF THE DATE OF APPOINTMENT, OR unless he or she
has fitness and good moral character and shall have  passed  a  physical
and  mental  examination  based upon standards provided by the rules and
regulations of the superintendent. Appointments  shall  be  made  for  a
probationary  period which, in the case of appointees required to attend
and complete a basic training program at the state police academy, shall
include such time spent attending the basic  school  and  terminate  one
year  after successful completion thereof. All other sworn members shall
be subject to a probationary  period  of  one  year  from  the  date  of
appointment. Following satisfactory completion of the probationary peri-
od  the  member shall be a permanent appointee. Voluntary resignation or
withdrawal from the New York state police during such appointment  shall
be  submitted to the superintendent for approval.  Reasonable time shall
be required to account for all equipment issued or for  debts  or  obli-
gations to the state to be satisfied. Resignation or withdrawal from the
division  during a time of emergency, so declared by the governor, shall
not be approved if contrary to the best interest of the state and  shall
be a misdemeanor. No sworn member removed from the New York state police
shall be eligible for reappointment. The superintendent shall make rules
and  regulations  subject to approval by the governor for the discipline
and control of the New York state police and  for  the  examination  and
qualifications of applicants for appointment as members thereto and such
examinations  shall  be held and conducted by the superintendent subject
to such rules and  regulations.  The  superintendent  is  authorized  to
charge  a  fee  of  twenty  dollars as an application fee for any person
applying to take a competitive examination for the position of  trooper,
and a fee of five dollars for any competitive examination for a civilian

S. 531                              3

position. The superintendent shall promulgate regulations subject to the
approval  of  the director of the budget, to provide for a waiver of the
application fee when the fee would cause an unreasonable hardship on the
applicant and to establish a fee schedule and charge fees for the use of
state police facilities.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

senate Bill S532

2015-2016 Legislative Session

Provides for payment of salary, wages, medical and hospital expenses of members of the state police with injuries or illness incurred in the performance of duties

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 (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 recommitted to rules
Jun 16, 2016 amended on third reading 532a
vote reconsidered - restored to third reading
Jun 14, 2016 returned to senate
passed assembly
ordered to third reading rules cal.224
substituted for a2343
Jun 01, 2016 referred to ways and means
delivered to assembly
passed senate
May 23, 2016 ordered to third reading cal.951
committee discharged and committed to rules
Jan 06, 2016 referred to civil service and pensions
returned to senate
died in assembly
May 28, 2015 referred to ways and means
delivered to assembly
passed senate
May 27, 2015 ordered to third reading cal.960
committee discharged and committed to rules
Jan 07, 2015 referred to civil service and pensions

Bill Amendments

S532
S532A
S532
S532A

Co-Sponsors

S532 - Bill Details

See Assembly Version of this Bill:
A2343
Current Committee:
Senate Rules
Law Section:
Civil Service Law
Laws Affected:
Add §154-d, Civ Serv L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S109, A8755
2011-2012: S6329, A5730
2009-2010: S4763, A7141

S532 - Bill Texts

view summary

Provides for payment of salary, wages, medical and hospital expenses of members of the state police with injuries or illness incurred in the performance of their duties.

view sponsor memo
BILL NUMBER: S532

TITLE OF BILL : An act to amend the civil service law, in relation
to members of the state police with injuries or illness incurred in
the performance of duties

PURPOSE :

To protect members of the State Police who become injured in the line
of duty, but the injury or illness does not rise to the qualifying
levels of a disability retirement. Currently there are no provisions
for these individuals who qualify for workman's compensation for
eighteen months and then must be separated from state service.

SUMMARY OF PROVISIONS :

Adds a new section 154-d to the Civil Service Law. This section
provides for the payment of salary, wages, medical and hospital
expenses for members of the State Police who are taken sick or injured
as a result of the performance of duties. In addition, in certain
circumstances the injured or ill member may serve in a light duty
capacity.

JUSTIFICATION :

Due to an inconsistency in the laws of New York, a police officer who
is a member of the New York State Police could become injured or ill
in the line of duty, exhaust his entire allotment of workman's
compensation, and if not able to either return to full and strenuous
duty or qualify for a disability retirement, be terminated. Municipal
police officers who fall into this category are covered under section
207-c of the General Municipal law, which provides that the injured
police officer perform light duty or collect his normal salary while
injured and unable to return to work. This legislation would grant
members of the New York State Police the same protections as municipal
police officers.

LEGISLATIVE HISTORY :

2013-14: S.109/A.8755 Passed Senate/Referred to Ways and Means
2011-12: S.6329/A.5730 Referred to Civil Service and Pensions
2008: S.6829/A.10135-A Vetoed by Governor (VM76)
2007: S.1699/A.8137 Vetoed by Governor (VM144)
2006: S.6655/A.9848 Vetoed by Governor (VM375)
2005: A.7192 Vetoed by Governor (VM62)
2004: S.6786/A.11016 Vetoed by Governor (VM272)

EFFECTIVE DATE :
This act shall take effect 180 days after it is signed into law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   532

                       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 Civil Service and Pensions

AN ACT to amend the civil service law, in relation  to  members  of  the
  state  police  with injuries or illness incurred in the performance of
  duties

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

  Section  1.  The  civil service law is amended by adding a new section
154-d to read as follows:
  S 154-D. PAYMENT OF SALARY, WAGES, MEDICAL AND  HOSPITAL  EXPENSES  OF
MEMBERS  OF  THE  STATE  POLICE WITH INJURIES OR ILLNESS INCURRED IN THE
PERFORMANCE OF DUTIES.  1. ANY MEMBER OF THE STATE POLICE WHO IS INJURED
IN THE PERFORMANCE OF HIS OR HER DUTIES OR WHO IS TAKEN SICK AS A RESULT
OF THE PERFORMANCE OF HIS OR HER DUTIES SO AS TO NECESSITATE MEDICAL  OR
OTHER  LAWFUL  REMEDIAL TREATMENT SHALL BE PAID BY THE DIVISION OF STATE
POLICE THE FULL AMOUNT OF HIS OR HER REGULAR SALARY OR WAGES  UNTIL  HIS
OR  HER  DISABILITY  ARISING  THEREFROM HAS CEASED, AND, IN ADDITION THE
DIVISION OF STATE POLICE SHALL BE LIABLE FOR ALL MEDICAL  TREATMENT  AND
HOSPITAL  CARE  NECESSITATED  BY  REASON  OF  SUCH  INJURY  OR  ILLNESS.
PROVIDED, HOWEVER, AND NOTWITHSTANDING THE FOREGOING PROVISIONS OF  THIS
SECTION,  THE  DIVISION OF STATE POLICE HEALTH AUTHORITIES OR ANY PHYSI-
CIAN APPOINTED FOR THE PURPOSE BY THE DIVISION OF STATE POLICE, AFTER  A
DETERMINATION  HAS  FIRST  BEEN  MADE  THAT  SUCH INJURY OR SICKNESS WAS
INCURRED DURING, OR RESULTED FROM, SUCH PERFORMANCE OF DUTY, MAY  ATTEND
ANY  SUCH  INJURED OR SICK MEMBER, FROM TIME TO TIME, FOR THE PURPOSE OF
PROVIDING  MEDICAL,  SURGICAL  OR  OTHER  TREATMENT,   OR   FOR   MAKING
INSPECTIONS  AND  THE  DIVISION  OF STATE POLICE SHALL NOT BE LIABLE FOR
SALARY OR WAGES PAYABLE TO SUCH MEMBER,  OR  FOR  THE  COST  OF  MEDICAL
TREATMENT  OR  HOSPITAL  CARE  FURNISHED  AFTER SUCH DATE AS SUCH HEALTH
AUTHORITIES OR PHYSICIAN SHALL CERTIFY THAT SUCH INJURED OR SICK  MEMBER
HAS  RECOVERED  AND  IS  PHYSICALLY  ABLE  TO PERFORM HIS OR HER REGULAR
DUTIES. ANY INJURED OR SICK MEMBER WHO SHALL REFUSE  TO  ACCEPT  MEDICAL
TREATMENT OR HOSPITAL CARE OR SHALL REFUSE TO PERMIT MEDICAL INSPECTIONS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01041-01-5

S. 532                              2

AS  AUTHORIZED  BY  THIS SUBDIVISION, INCLUDING EXAMINATIONS PURSUANT TO
SECTION THREE HUNDRED SIXTY-THREE-B OR THREE HUNDRED  SIXTY-THREE-BB  OF
THE  RETIREMENT  AND SOCIAL SECURITY LAW, SHALL BE DEEMED TO HAVE WAIVED
HIS  OR HER RIGHTS UNDER THIS SECTION IN RESPECT TO EXPENSES FOR MEDICAL
TREATMENT OR HOSPITAL CARE RENDERED AND  FOR  SALARY  OR  WAGES  PAYABLE
AFTER SUCH REFUSAL.
  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, A PROVIDER OF
MEDICAL TREATMENT OR HOSPITAL CARE FURNISHED PURSUANT TO THE  PROVISIONS
OF  THIS  SECTION  SHALL NOT COLLECT OR ATTEMPT TO COLLECT REIMBURSEMENT
FOR SUCH TREATMENT OR CARE FROM ANY SUCH MEMBER OF THE STATE POLICE.
  2. PAYMENT OF THE FULL AMOUNT OF REGULAR SALARY OR WAGES, AS  PROVIDED
BY  SUBDIVISION  ONE OF THIS SECTION, SHALL BE DISCONTINUED WITH RESPECT
TO ANY MEMBER OF THE STATE POLICE  WHO  IS  PERMANENTLY  DISABLED  AS  A
RESULT  OF AN INJURY OR SICKNESS INCURRED OR RESULTING FROM THE PERFORM-
ANCE OF HIS OR HER DUTIES IF SUCH MEMBER IS GRANTED AN ACCIDENTAL  DISA-
BILITY   RETIREMENT   ALLOWANCE   PURSUANT   TO  SECTION  THREE  HUNDRED
SIXTY-THREE-BB OF THE RETIREMENT AND SOCIAL SECURITY LAW, A STATE POLICE
DISABILITY ALLOWANCE PURSUANT TO SECTION THREE HUNDRED SIXTY-THREE-B  OF
THE  RETIREMENT AND SOCIAL SECURITY LAW OR SIMILAR ACCIDENTAL DISABILITY
PENSION PROVIDED BY THE PENSION FUND OF WHICH HE OR SHE IS A MEMBER.  IF
APPLICATION FOR SUCH RETIREMENT ALLOWANCE OR PENSION IS NOT MADE BY SUCH
MEMBER,  APPLICATION THEREFOR MAY BE MADE BY THE SUPERINTENDENT OF STATE
POLICE.
  3. IF SUCH A MEMBER IS NOT ELIGIBLE FOR OR IS NOT GRANTED  SUCH  ACCI-
DENTAL DISABILITY RETIREMENT ALLOWANCE OR STATE POLICE DISABILITY ALLOW-
ANCE  OR  SIMILAR  ACCIDENTAL DISABILITY PENSION AND IS NEVERTHELESS, IN
THE OPINION OF SUCH HEALTH AUTHORITIES OR PHYSICIAN, UNABLE  TO  PERFORM
HIS  OR HER REGULAR DUTIES AS A RESULT OF SUCH INJURY OR SICKNESS BUT IS
ABLE, IN THEIR OPINION, TO PERFORM SPECIFIED TYPES OF LIGHT POLICE DUTY,
PAYMENT OF THE FULL AMOUNT OF REGULAR SALARY OR WAGES,  AS  PROVIDED  BY
SUBDIVISION  ONE  OF THIS SECTION, SHALL BE DISCONTINUED WITH RESPECT TO
SUCH MEMBER IF HE OR SHE SHALL REFUSE TO PERFORM SUCH LIGHT POLICE  DUTY
IF  THE  SAME IS AVAILABLE AND OFFERED TO HIM OR HER, PROVIDED, HOWEVER,
THAT SUCH LIGHT DUTY SHALL BE CONSISTENT WITH HIS OR  HER  STATUS  AS  A
MEMBER OF THE STATE POLICE AND SHALL ENABLE HIM OR HER TO CONTINUE TO BE
ENTITLED  TO  HIS  OR  HER  REGULAR SALARY OR WAGES, INCLUDING INCREASES
THEREOF AND FRINGE BENEFITS, TO WHICH HE OR SHE WOULD HAVE BEEN ENTITLED
IF HE OR SHE WERE ABLE TO PERFORM HIS OR HER REGULAR DUTIES.
  4. IF SUCH A MEMBER IS NOT ELIGIBLE FOR OR IS  NOT  GRANTED  AN  ACCI-
DENTAL DISABILITY RETIREMENT ALLOWANCE OR STATE POLICE DISABILITY ALLOW-
ANCE  OR  SIMILAR  ACCIDENTAL DISABILITY PENSION, HE OR SHE SHALL NOT BE
ENTITLED TO FURTHER PAYMENT OF THE FULL  AMOUNT  OF  REGULAR  SALARY  OR
WAGES,  AS  PROVIDED BY SUBDIVISION ONE OF THIS SECTION, AFTER HE OR SHE
SHALL HAVE ATTAINED THE MANDATORY SERVICE RETIREMENT AGE  APPLICABLE  TO
HIM  OR  HER  OR  SHALL HAVE ATTAINED THE AGE OR PERFORMED THE PERIOD OF
SERVICE SPECIFIED BY APPLICABLE LAW FOR THE TERMINATION OF  HIS  OR  HER
SERVICE.
  5.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY OR CONTAINED
IN THIS SECTION, A CAUSE OF ACTION SHALL ACCRUE TO THE DIVISION OF STATE
POLICE FOR REIMBURSEMENT IN SUCH SUM OR SUMS ACTUALLY PAID AS SALARY  OR
WAGES  AND/OR  FOR  MEDICAL  TREATMENT  AND HOSPITAL CARE AS AGAINST ANY
THIRD PARTY AGAINST WHOM THE MEMBER SHALL HAVE A CAUSE OF ACTION FOR THE
INJURY SUSTAINED OR SICKNESS CAUSED BY SUCH THIRD PARTY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

S532A - Bill Details

See Assembly Version of this Bill:
A2343
Current Committee:
Senate Rules
Law Section:
Civil Service Law
Laws Affected:
Add §154-d, Civ Serv L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S109, A8755
2011-2012: S6329, A5730
2009-2010: S4763, A7141

S532A - Bill Texts

view summary

Provides for payment of salary, wages, medical and hospital expenses of members of the state police with injuries or illness incurred in the performance of their duties.

view sponsor memo
BILL NUMBER: S532A

TITLE OF BILL :

An act to amend the civil service law, in relation to members of the
state police with injuries or illness incurred in the performance of
duties

PURPOSE :

To protect members of the State Police who become injured in the line
of duty, but the injury or illness does not rise to the qualifying
levels of a disability retirement. Currently there are no provisions
for these individuals who qualify for workman's compensation for
eighteen months and then must be separated from state service.

SUMMARY OF PROVISIONS :

Adds a new section 154-d to the Civil Service Law. This section
provides for the payment of salary, wages, medical and hospital
expenses for members of the State Police who are taken sick or injured
as a result of the performance of duties. In addition, in certain
circumstances the injured or ill member may serve in a light duty
capacity.

JUSTIFICATION :

Due to an inconsistency in the laws of New York, a police officer who
is a member of the New York State Police could become injured or ill
in the line of duty, exhaust his entire allotment of workman's
compensation, and if not able to either return to full and strenuous
duty or qualify for a disability retirement, be terminated. Municipal
police officers who fall into this category are covered under section
207-c of the General Municipal law, which provides that the injured
police officer perform light duty or collect his normal salary while
injured and unable to return to work. This legislation would grant
members of the New York State Police the same protections as municipal
police officers.

LEGISLATIVE HISTORY :

2013-14: S.109/A.8755 Passed Senate/Referred to Ways and Means
2011-12: S.6329/A.5730 Referred to Civil Service and Pensions
2008: S.6829/A.10135-A Vetoed by Governor (VM76)
2007: S.1699/A.8137 Vetoed by Governor (VM144)
2006: S.6655/A.9848 Vetoed by Governor (VM375)
2005: A.7192 Vetoed by Governor (VM62)
2004: S.6786/A.11016 Vetoed by Governor (VM272)

EFFECTIVE DATE :
This act shall take effect 90 days after it is signed into law.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 532--A
    Cal. No. 951

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens.  GALLIVAN, AVELLA, FUNKE, LARKIN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Civil  Service  and  Pensions -- recommitted to the Committee on Civil
  Service and Pensions in accordance with  Senate  Rule  6,  sec.  8  --
  committee discharged and said bill committed to the Committee on Rules
  -- reported favorably from said committee, ordered to a third reading,
  passed by Senate and Assembly, but not delivered to the Governor, vote
  reconsidered,   restored   to   third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the civil service law, in relation  to  members  of  the
  state  police  with injuries or illness incurred in the performance of
  duties

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

  Section  1.  The  civil service law is amended by adding a new section
154-d to read as follows:
  S 154-D. PAYMENT OF SALARY, WAGES, MEDICAL AND  HOSPITAL  EXPENSES  OF
MEMBERS  OF  THE  STATE  POLICE WITH INJURIES OR ILLNESS INCURRED IN THE
PERFORMANCE OF DUTIES.  1. ANY MEMBER OF THE STATE POLICE WHO IS INJURED
IN THE PERFORMANCE OF HIS OR HER DUTIES OR WHO IS TAKEN SICK AS A RESULT
OF THE PERFORMANCE OF HIS OR HER DUTIES SO AS TO NECESSITATE MEDICAL  OR
OTHER  LAWFUL  REMEDIAL TREATMENT SHALL BE PAID BY THE DIVISION OF STATE
POLICE THE FULL AMOUNT OF HIS OR HER REGULAR SALARY OR WAGES  UNTIL  HIS
OR  HER  DISABILITY  ARISING  THEREFROM HAS CEASED, AND, IN ADDITION THE
DIVISION OF STATE POLICE SHALL BE LIABLE FOR ALL MEDICAL  TREATMENT  AND
HOSPITAL  CARE  NECESSITATED  BY  REASON  OF  SUCH  INJURY  OR  ILLNESS.
PROVIDED, HOWEVER, AND NOTWITHSTANDING THE FOREGOING PROVISIONS OF  THIS
SECTION,  THE  DIVISION OF STATE POLICE HEALTH AUTHORITIES OR ANY PHYSI-
CIAN APPOINTED FOR THE PURPOSE BY THE DIVISION OF STATE POLICE, AFTER  A
DETERMINATION  HAS  FIRST  BEEN  MADE  THAT  SUCH INJURY OR SICKNESS WAS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01041-02-6

S. 532--A                           2

INCURRED DURING, OR RESULTED FROM, SUCH PERFORMANCE OF DUTY, MAY  ATTEND
ANY  SUCH  INJURED OR SICK MEMBER, FROM TIME TO TIME, FOR THE PURPOSE OF
PROVIDING  MEDICAL,  SURGICAL  OR  OTHER  TREATMENT,   OR   FOR   MAKING
INSPECTIONS  AND  THE  DIVISION  OF STATE POLICE SHALL NOT BE LIABLE FOR
SALARY OR WAGES PAYABLE TO SUCH MEMBER,  OR  FOR  THE  COST  OF  MEDICAL
TREATMENT  OR  HOSPITAL  CARE  FURNISHED  AFTER SUCH DATE AS SUCH HEALTH
AUTHORITIES OR PHYSICIAN SHALL CERTIFY THAT SUCH INJURED OR SICK  MEMBER
HAS  RECOVERED  AND  IS  PHYSICALLY  ABLE  TO PERFORM HIS OR HER REGULAR
DUTIES. ANY INJURED OR SICK MEMBER WHO SHALL REFUSE  TO  ACCEPT  MEDICAL
TREATMENT OR HOSPITAL CARE OR SHALL REFUSE TO PERMIT MEDICAL INSPECTIONS
AS  AUTHORIZED  BY  THIS SUBDIVISION, INCLUDING EXAMINATIONS PURSUANT TO
SECTION THREE HUNDRED SIXTY-THREE-B OR THREE HUNDRED  SIXTY-THREE-BB  OF
THE  RETIREMENT  AND SOCIAL SECURITY LAW, SHALL BE DEEMED TO HAVE WAIVED
HIS OR HER RIGHTS UNDER THIS SECTION IN RESPECT TO EXPENSES FOR  MEDICAL
TREATMENT  OR  HOSPITAL  CARE  RENDERED  AND FOR SALARY OR WAGES PAYABLE
AFTER SUCH REFUSAL.
  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  A  PROVIDER  OF
MEDICAL  TREATMENT OR HOSPITAL CARE FURNISHED PURSUANT TO THE PROVISIONS
OF THIS SECTION SHALL NOT COLLECT OR ATTEMPT  TO  COLLECT  REIMBURSEMENT
FOR SUCH TREATMENT OR CARE FROM ANY SUCH MEMBER OF THE STATE POLICE.
  2.  PAYMENT OF THE FULL AMOUNT OF REGULAR SALARY OR WAGES, AS PROVIDED
BY SUBDIVISION ONE OF THIS SECTION, SHALL BE DISCONTINUED  WITH  RESPECT
TO  ANY  MEMBER  OF  THE  STATE  POLICE WHO IS PERMANENTLY DISABLED AS A
RESULT OF AN INJURY OR SICKNESS INCURRED OR RESULTING FROM THE  PERFORM-
ANCE  OF HIS OR HER DUTIES IF SUCH MEMBER IS GRANTED AN ACCIDENTAL DISA-
BILITY  RETIREMENT  ALLOWANCE  PURSUANT   TO   SECTION   THREE   HUNDRED
SIXTY-THREE-BB OF THE RETIREMENT AND SOCIAL SECURITY LAW, A STATE POLICE
DISABILITY  ALLOWANCE PURSUANT TO SECTION THREE HUNDRED SIXTY-THREE-B OF
THE RETIREMENT AND SOCIAL SECURITY LAW OR SIMILAR ACCIDENTAL  DISABILITY
PENSION  PROVIDED BY THE PENSION FUND OF WHICH HE OR SHE IS A MEMBER. IF
APPLICATION FOR SUCH RETIREMENT ALLOWANCE OR PENSION IS NOT MADE BY SUCH
MEMBER, APPLICATION THEREFOR MAY BE MADE BY THE SUPERINTENDENT OF  STATE
POLICE.
  3.  IF  SUCH A MEMBER IS NOT ELIGIBLE FOR OR IS NOT GRANTED SUCH ACCI-
DENTAL DISABILITY RETIREMENT ALLOWANCE OR STATE POLICE DISABILITY ALLOW-
ANCE OR SIMILAR ACCIDENTAL DISABILITY PENSION AND  IS  NEVERTHELESS,  IN
THE  OPINION  OF SUCH HEALTH AUTHORITIES OR PHYSICIAN, UNABLE TO PERFORM
HIS OR HER REGULAR DUTIES AS A RESULT OF SUCH INJURY OR SICKNESS BUT  IS
ABLE, IN THEIR OPINION, TO PERFORM SPECIFIED TYPES OF LIGHT POLICE DUTY,
PAYMENT  OF  THE  FULL AMOUNT OF REGULAR SALARY OR WAGES, AS PROVIDED BY
SUBDIVISION ONE OF THIS SECTION, SHALL BE DISCONTINUED WITH  RESPECT  TO
SUCH  MEMBER IF HE OR SHE SHALL REFUSE TO PERFORM SUCH LIGHT POLICE DUTY
IF THE SAME IS AVAILABLE AND OFFERED TO HIM OR HER,  PROVIDED,  HOWEVER,
THAT  SUCH  LIGHT  DUTY  SHALL BE CONSISTENT WITH HIS OR HER STATUS AS A
MEMBER OF THE STATE POLICE AND SHALL ENABLE HIM OR HER TO CONTINUE TO BE
ENTITLED TO HIS OR HER REGULAR  SALARY  OR  WAGES,  INCLUDING  INCREASES
THEREOF AND FRINGE BENEFITS, TO WHICH HE OR SHE WOULD HAVE BEEN ENTITLED
IF HE OR SHE WERE ABLE TO PERFORM HIS OR HER REGULAR DUTIES.
  4.  IF  SUCH  A  MEMBER IS NOT ELIGIBLE FOR OR IS NOT GRANTED AN ACCI-
DENTAL DISABILITY RETIREMENT ALLOWANCE OR STATE POLICE DISABILITY ALLOW-
ANCE OR SIMILAR ACCIDENTAL DISABILITY PENSION, HE OR SHE  SHALL  NOT  BE
ENTITLED  TO  FURTHER  PAYMENT  OF  THE FULL AMOUNT OF REGULAR SALARY OR
WAGES, AS PROVIDED BY SUBDIVISION ONE OF THIS SECTION, AFTER HE  OR  SHE
SHALL  HAVE  ATTAINED THE MANDATORY SERVICE RETIREMENT AGE APPLICABLE TO
HIM OR HER OR SHALL HAVE ATTAINED THE AGE OR  PERFORMED  THE  PERIOD  OF

S. 532--A                           3

SERVICE  SPECIFIED  BY  APPLICABLE LAW FOR THE TERMINATION OF HIS OR HER
SERVICE.
  5.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY OR CONTAINED
IN THIS SECTION, A CAUSE OF ACTION SHALL ACCRUE TO THE DIVISION OF STATE
POLICE FOR REIMBURSEMENT IN SUCH SUM OR SUMS ACTUALLY PAID AS SALARY  OR
WAGES  AND/OR  FOR  MEDICAL  TREATMENT  AND HOSPITAL CARE AS AGAINST ANY
THIRD PARTY AGAINST WHOM THE MEMBER SHALL HAVE A CAUSE OF ACTION FOR THE
INJURY SUSTAINED OR SICKNESS CAUSED BY SUCH THIRD PARTY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

senate Bill S534

2015-2016 Legislative Session

Authorizes a real property tax exemption for certain persons with active military service of the United States and active duty reservists

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 veterans, homeland security and military affairs
Jan 07, 2015 referred to veterans, homeland security and military affairs

S534 - Bill Details

See Assembly Version of this Bill:
A2635
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Real Property Tax Law
Laws Affected:
Add §458-c, RPT L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S6429
2011-2012: A8058
2009-2010: A4030

S534 - Bill Texts

view summary

Authorizes a real property tax exemption for certain persons with active military service of the United States and active duty reservists upon adoption of a local law, ordinance or resolution providing therefor; requires property of such persons with active military service of the United States and active duty reservists to be his or her primary residence and such person with active military service and such active duty reservist must have retained his or her active duty status for at least 90 consecutive days to claim such tax exemption.

view sponsor memo
BILL NUMBER: S534

TITLE OF BILL : An act to amend the real property tax law, in
relation to tax exemptions for persons with active military service of
the United States and eligible reservists

PURPOSE :

This legislation would allow the governing body of a city, village,
town or county to adopt a local law that would exempt property owned
by a person called to active duty, including reservists called to
active duty, from real property taxes.

SUMMARY OF PROVISIONS :

The real property tax law is amended by adding a new section 458-c.

JUSTIFICATION :

This legislation provides a benefit to those who are called to active
duty by the President of the United States.

Military personnel who are serving our country are sacrificing so much
in order to protect the citizens of the United States. This
legislation would allow the communities in which they live to express
their gratitude to the military personnel by providing an exemption
from real property taxes for the time that they are called to active
duty.

This exemption would ease the financial burden that personnel and
their families often face when they are called upon to serve.

LEGISLATIVE HISTORY :

2011-12: A.8058
2009-10: A.4030
2007-08: A.7610

FISCAL IMPLICATIONS :

To be determined.

EFFECTIVE DATE :
This act shall take effect immediately, shall be deemed to have been
in full force and effect on and after September 11, 2001 and shall
apply to taxable status dates occurring on or after September 11,
2001.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   534

                       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 Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the real property tax law, in relation to tax exemptions
  for persons with active military service  of  the  United  States  and
  eligible reservists

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

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 458-c to read as follows:
  S 458-C. EXEMPTION FOR CERTAIN PERSONS WITH ACTIVE MILITARY SERVICE OF
THE  UNITED  STATES  AND  CERTAIN  RESERVISTS.  1.  FOR PURPOSES OF THIS
SECTION, "ELIGIBLE RESERVIST" MEANS A MEMBER OF A RESERVE  COMPONENT  OF
THE  ARMED  FORCES  OF  THE  UNITED STATES ORDERED TO ACTIVE DUTY BY THE
PRESIDENT OF THE UNITED STATES.
  2. REAL PROPERTY OWNED BY AN  ELIGIBLE  PERSON  WITH  ACTIVE  MILITARY
SERVICE, SUCH PERSON'S SPOUSE, AN ELIGIBLE RESERVIST OR SUCH RESERVIST'S
SPOUSE SHALL BE EXEMPT FROM TAXATION OF SUCH PROPERTY FOR CITY, VILLAGE,
TOWN,  PART  TOWN,  SPECIAL  DISTRICT  OR  COUNTY PURPOSES, EXCLUSIVE OF
SPECIAL ASSESSMENTS,  PROVIDED  THAT  THE  GOVERNING  BODY  OF  A  CITY,
VILLAGE,  TOWN  OR  COUNTY,  AFTER A PUBLIC HEARING, ADOPTS A LOCAL LAW,
ORDINANCE OR RESOLUTION PROVIDING THEREFOR.
  3. SUCH EXEMPTION SHALL NOT BE GRANTED  TO  AN  ELIGIBLE  PERSON  WITH
ACTIVE  MILITARY SERVICE, SUCH PERSON'S SPOUSE, AN ELIGIBLE RESERVIST OR
SUCH RESERVIST'S SPOUSE RESIDING IN SUCH COUNTY UNLESS:
  (A) THE PROPERTY IS THE PRIMARY RESIDENCE OF THE APPLICANT;
  (B)  THE  PROPERTY  IS  USED  EXCLUSIVELY  FOR  RESIDENTIAL  PURPOSES;
PROVIDED, HOWEVER, THAT IN THE EVENT ANY PORTION OF SUCH PROPERTY IS NOT
USED  EXCLUSIVELY  FOR  THE  APPLICANT'S RESIDENCE BUT IS USED FOR OTHER
PURPOSES, SUCH PORTION SHALL BE SUBJECT TO TAXATION  AND  THE  REMAINING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01051-01-5

S. 534                              2

PORTION  ONLY  SHALL  BE  ENTITLED  TO  THE  EXEMPTION  PROVIDED BY THIS
SECTION; AND
  (C)  THE  ELIGIBLE PERSON WITH ACTIVE MILITARY SERVICE OR THE ELIGIBLE
RESERVIST RETAINED HIS OR HER ACTIVE DUTY STATUS  FOR  AT  LEAST  NINETY
CONSECUTIVE DAYS WITHIN THE IMMEDIATELY PRECEDING CALENDAR YEAR IN WHICH
HE OR SHE IS REQUESTING THE EXEMPTION AS AUTHORIZED BY THIS SECTION.
  4.  ANY  ELIGIBLE  PERSON WITH ACTIVE MILITARY SERVICE OR ANY ELIGIBLE
RESERVIST SHALL BE GRANTED THE EXEMPTION AS AUTHORIZED BY  THIS  SECTION
FOR  THE  PERIOD  OF HIS OR HER ACTIVE DUTY STATUS AS LONG AS HIS OR HER
PRIMARY RESIDENCE IS LOCATED WITHIN A VILLAGE, TOWN OR COUNTY  IN  WHICH
THE GOVERNING BODY OF SUCH VILLAGE, TOWN OR COUNTY, AFTER A PUBLIC HEAR-
ING,  ADOPTS  A  LOCAL  LAW,  ORDINANCE OR RESOLUTION PROVIDING FOR SUCH
EXEMPTION.
  5. APPLICATION FOR SUCH EXEMPTION SHALL BE FILED WITH THE ASSESSOR  OR
OTHER AGENCY, DEPARTMENT OR OFFICE DESIGNATED BY THE MUNICIPALITY OFFER-
ING  SUCH  EXEMPTION  ON  OR BEFORE THE TAXABLE STATUS DATE ON A FORM AS
PRESCRIBED BY THE COMMISSIONER.
  6. NO APPLICANT WHO IS AN ELIGIBLE PERSON WITH ACTIVE MILITARY SERVICE
OR AN ELIGIBLE RESERVIST WHO BY REASON OF SUCH STATUS IS  RECEIVING  ANY
BENEFIT  UNDER  THE  PROVISIONS OF THIS ARTICLE ON THE EFFECTIVE DATE OF
THIS SECTION SHALL SUFFER ANY DIMINUTION OF SUCH BENEFIT BECAUSE OF  THE
PROVISIONS OF THIS SECTION.
  S  2.  This act shall take effect immediately, shall be deemed to have
been in full force and effect on and after September 11, 2001 and  shall
apply to taxable status dates occurring on or after September 11, 2001.

senate Bill S535

2015-2016 Legislative Session

Relates to volunteer members of village fire companies

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 local government
Jan 07, 2015 referred to local government

S535 - Bill Details

See Assembly Version of this Bill:
A8568
Current Committee:
Senate Local Government
Law Section:
Village Law
Laws Affected:
Amd §10-1006, Vil L
Versions Introduced in 2013-2014 Legislative Session:
S6369, A8650

S535 - Bill Texts

view summary

Relates to volunteer members of village fire companies.

view sponsor memo
BILL NUMBER: S535

TITLE OF BILL : An act to amend the village law, in relation to
volunteer members of village fire companies

PURPOSE :

This bill allows a village board of trustees to adopt a local law to
allow the percentage of nonresident volunteer members in a village
fire company to exceed forty-five percent of the actual membership of
the fire company.

SUMMARY OF PROVISIONS :

Section 1 amends subdivision 14 of section 10-1006 of the village law
to give the village board of trustees discretion to pass a local law
that changes, amends, or supersedes subdivision seven which forbids
the percentage of non-resident volunteer members in village fire
companies to exceed forty-five percent of the actual membership of the
fire company.

Section 2 states that this law shall take effect immediately.

JUSTIFICATION :

Currently, village law forbids the percentage of non-resident
volunteer members in village fire companies to exceed forty-five
percent of the actual membership of the fire company. This negatively
impacts village fire companies by making it more difficult to fill
their total membership and leaving fire companies with vacancies which
could be filled by the membership of non-resident volunteer
firefighters. This bill allows a village board of trustees to pass a
local law allowing the percentage of non-resident volunteer members to
exceed forty-five percent of the actual membership of the village fire
company. This will help village fire companies obtain greater
membership and keep our communities safe.

LEGISLATIVE HISTORY :

2013-14: S.6369/A.8650 Referred to Local Government/Referred to Local
Governments

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
________________________________________________________________________

                                   535

                       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 Local Government

AN ACT to amend the village law, in relation  to  volunteer  members  of
  village fire companies

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

  Section 1. Subdivision 14 of section 10-1006 of  the  village  law  is
amended to read as follows:
  14.  A  village  BOARD OF TRUSTEES may not adopt a local law changing,
amending or superseding this section, EXCEPT FOR  SUBDIVISION  SEVEN  OF
THIS SECTION.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01050-01-5

senate Bill S536

2015-2016 Legislative Session

Relates to holding inmates that suffer from mental illness for emergency purposes

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 crime victims, crime and correction
Jan 07, 2015 referred to crime victims, crime and correction

S536 - Bill Details

See Assembly Version of this Bill:
A2009
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §402, Cor L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5763, A4583, A5763
2011-2012: A9257, A7544
2009-2010: A6180

S536 - Bill Texts

view summary

Relates to holding inmates that suffer from mental illness for emergency purposes.

view sponsor memo
BILL NUMBER: S536

TITLE OF BILL : An act to amend the correction law, in relation to
holding inmates that suffer from mental illness for emergency purposes

PURPOSE :

To permit mentally ill inmates to remain at the Central New York
Psychiatric Center for needed in-patient treatment at the discretion
of their clinical mental health providers.

SUMMARY OF PROVISIONS :

Section 1 amends subdivision 9 of section 402 of the correction law to
permit in-patient psychiatric hospitalization at the Central New York
Psychiatric Center at the discretion of mental health providers upon
consent of the inmate.

Section 2 provides for an effective date.

JUSTIFICATION :

State prisoners in need of emergency in-patient mental health
treatment are sent to Central New York Psychiatric Center.
Involuntary in-patient treatment commonly occurs when an inmate has
made a serious suicide attempt or is exhibiting full-blown psychosis
or other symptoms of severe mental illness. Once the emergency for
which an inmate was admitted has resolved, he or she is sent back to
prison. Some inmates cycle back to Central New York Psychiatric Center
on an almost regular schedule; they stabilize in the hospital at which
point they are discharged, their mental state deteriorates again in
prison, and they are sent to Central New York Psychiatric Center for
emergency mental health treatment. At times the precipitating incident
for involuntary admission is a major disturbance, creating risk of
injury to staff and other inmates.

Inmates exhibiting dangerous or erratic behaviors due to their mental
illness present a management problem and a security risk to
correctional facilities. For some such inmates longer periods of
hospitalization may be the most effective way to treat them so that
they can maintain stability. In those cases, at the discretion of the
Central New York Psychiatric Center clinicians, it may be preferable
to keep an inmate in the psychiatric hospital under intensive
management for a longer period of time after the immediate crisis for
which he or she was admitted is over in order to provide more
comprehensive in-patient mental health treatment. This change in the
statute provides a mechanism for the mental health staff at Central
New York Psychiatric Center to exercise their clinical judgment and
keep an inmate who has been admitted for emergency mental health care
for a longer course of treatment when the inmate consents to such
treatment under existing mental hygiene law.

LEGISLATIVE HISTORY :

2013-14: S.5763/A.4583 Referred To Crime Victims, Crime, and
Correction/Passed Assembly

FISCAL IMPLICATIONS :

None, as the inmates will require intensive mental health treatment
wherever they are placed.

EFFECTIVE DATE :
Thirty days after the act becomes law.
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download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   536

                       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 Crime Victims,  Crime  and
  Correction

AN  ACT to amend the correction law, in relation to holding inmates that
  suffer from mental illness for emergency purposes

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

  Section  1.  Subdivision  9  of  section 402 of the correction law, as
amended by chapter 164 of the laws  of  1986,  is  amended  to  read  as
follows:
  9. Except as provided in subdivision two OF THIS SECTION pertaining to
prisoners  confined in the city of New York, an inmate of a correctional
facility or a county jail may be admitted on an emergency basis  to  the
Central  New York Psychiatric Center upon the certification by two exam-
ining physicians, including physicians employed by the office of  mental
health  and  associated  with  the  correctional  facility in which such
inmate is confined, that the inmate suffers from a mental illness  which
is  likely  to result in serious harm to himself or others as defined in
subdivision (a) of section 9.39 of the mental hygiene law. Any person so
committed shall be delivered by the superintendent within a  twenty-four
hour  period,  to the director of the appropriate hospital as designated
in the rules and regulations of the office of mental health. Upon deliv-
ery of such person to a  hospital  operated  by  the  office  of  mental
health,  a proceeding under this section shall immediately be commenced,
PROVIDED, HOWEVER, THAT AFTER SUCH EMERGENCY HAS  RESOLVED  SUCH  PERSON
MAY  BE HELD WITHOUT COURT ORDER FOR FURTHER IN-PATIENT TREATMENT PURSU-
ANT TO SECTIONS 9.13 AND 9.15 OF THE MENTAL HYGIENE LAW.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01048-01-5

senate Bill S537

2015-2016 Legislative Session

Relates to certain farm waste electric generating equipment

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 (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to energy and telecommunications
returned to senate
died in assembly
May 20, 2015 referred to energy
delivered to assembly
passed senate
May 19, 2015 ordered to third reading cal.843
committee discharged and committed to rules
Jan 07, 2015 referred to energy and telecommunications

S537 - Bill Details

See Assembly Version of this Bill:
A1189
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Amd §66-j, Pub Serv L
Versions Introduced in 2013-2014 Legislative Session:
S5403, A9625

S537 - Bill Texts

view summary

Relates to certain farm waste electric generating equipment.

view sponsor memo
BILL NUMBER: S537

TITLE OF BILL : An act to amend the public service law, in relation
to certain farm waste electric generating equipment

PURPOSE :

To promote the creation of anaerobic digesters by increasing the
percentage of the local feeder line's rated capacity of which farm
waste electric generating equipment can produce

SUMMARY OF PROVISIONS :

Section one changes the percentage of the local feeder line's rated
capacity of which farm waste electric generating equipment can produce
from twenty percent to twenty-five percent.

Section two: This act shall take effect immediately.

JUSTIFICATION :

Anaerobic digesters provide sustainable management of organic waste,
create a source of renewable energy, and provide an economic benefit
to our agricultural industry. In promoting the creation of anaerobic
digesters, a balance is struck between who bears the cost of upgrading
the utility grid to tie it to the anaerobic digester. Currently, if a
digester cannot produce more than 1,000 kilowatts and the generator's
output falls below 20% of the local feeder line capacity, the customer
will pay up to $5,000 for the system upgrades and the utility will
cover the rest. If the output exceeds the 20% mark, the customer would
be responsible for the system upgrades. There have been several cases
where an anaerobic generator was installed which produced less than
1,000 kilowatts, but the output slightly exceeded 20% of the local
feeder line capacity. This leads to customers installing smaller
anaerobic digesters and therefore only a portion of the benefits from
digesters can be reaped. Increasing the threshold to 25% provides a
more practical level that promotes the creation of anaerobic digesters
without putting an unreasonable burden on utilities to accommodate the
newly created digesters.

LEGISLATIVE HISTORY :

2013-14: S.5403/A.9625 Passed Senate/Referred to Energy

FISCAL IMPLICATIONS :

None.

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

                                   537

                       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  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend  the  public service law, in relation to certain farm
  waste electric generating equipment

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

  Section  1.  Subparagraph  (iii)  of paragraph (b) of subdivision 5 of
section 66-j of the public service law, as amended by chapter 546 of the
laws of 2011, is amended to read as follows:
  (iii) In the event that the total rated generating  capacity  of  farm
waste  electric  generating  equipment  that provides electricity to the
electric corporation through the same local feeder line exceeds [twenty]
TWENTY-FIVE percent of the rated capacity of the local feeder line,  the
electric  corporation  may require the customer-generator to comply with
reasonable measures to ensure safety of that local feeder line.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01047-01-5

senate Bill S538

2015-2016 Legislative Session

Establishes regional technology development centers

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 commerce, economic development and small business
Jan 07, 2015 referred to commerce, economic development and small business

S538 - Bill Details

See Assembly Version of this Bill:
A643
Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Economic Development Law
Laws Affected:
Add §361, Ec Dev L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5172, A7161
2011-2012: A7161
2009-2010: A7446

S538 - Bill Texts

view summary

Establishes regional technology development centers in ten economic development regions in the state for the purpose of promoting technology-oriented economic activity.

view sponsor memo
BILL NUMBER: S538

TITLE OF BILL : An act to amend the economic development law, in
relation to establishing regional technology development centers

PURPOSE :

To move and make consistent authorizing language currently in public
authorities law to economic development law under the new science and
technology division in the department of economic development where
these centers are administered.

SUMMARY OF PROVISIONS :

This bill moves the program into the appropriate section of law and
makes other minor changes to the statutory language, such as changing
"foundation" to "department" - where necessary. It also modernizes the
statutory language that governs the RTDCs to more accurately reflect
their actual duties and activities. This bill also incorporates the
activities of the Industrial Technology Extension Service, now §
3102-a in Public Authorities Law, as part of the functions of the
RTDCs since it has historically been their responsibility to perform
these functions.

JUSTIFICATION :

This bill moves the RTDC program and activities formerly administered
by the foundation for science, technology and innovation into Article
18 of the economic development law. New provisions allow for the
program to continue seamlessly in the event that redesignation does
not occur on schedule, thereby allowing crucial activities, services
and funding (including federal funding) to be maintained.

LEGISLATIVE HISTORY :

2013-14: S.5172/A.7161 Committed to Finance/Referred to Commerce,
Economic Development, and Small Business

FISCAL IMPLICATIONS :

None.

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

                                   538

                       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 Commerce, Economic  Devel-
  opment and Small Business

AN  ACT to amend the economic development law, in relation to establish-
  ing regional technology development centers

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

  Section  1.  The  economic  development law is amended by adding a new
section 361 to read as follows:
  S 361. REGIONAL TECHNOLOGY DEVELOPMENT CENTERS. 1.  AS  USED  IN  THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "REGIONAL TECHNOLOGY DEVELOPMENT CENTERS" OR "CENTERS" SHALL MEAN
ANY REGIONAL, NOT-FOR-PROFIT CORPORATION OR  OTHER  NONPROFIT  ORGANIZA-
TION,  ASSOCIATION,  OR AGENCY WHICH IS ORGANIZED FOR THE PURPOSE OF THE
PROMOTION, ATTRACTION, STIMULATION, DEVELOPMENT AND EXPANSION OF SCIENCE
AND TECHNOLOGY-ORIENTED ECONOMIC ACTIVITY IN A PARTICULAR REGION OF  THE
STATE OR IN ONE OR MORE COUNTIES OR CITIES, AND WHICH DOES NOT ENGAGE IN
LOBBYING ACTIVITIES AS A SIGNIFICANT PART OF THEIR OVERALL FUNCTIONS.
  (B)  "IN-KIND  SERVICES" SHALL MEAN THE DONATION OF QUANTIFIABLE GOODS
AND SERVICES INCLUDING BUT NOT  LIMITED  TO  PROFESSIONAL  SERVICES  AND
TIME,  EQUIPMENT,  MATERIAL AND OFFICE SPACE FOR USE BY A REGIONAL TECH-
NOLOGY DEVELOPMENT CENTER IN  FURTHERANCE  OF  ITS  STATED  PURPOSES  OR
PROVIDED  ON  BEHALF  OF  THE CENTER TO OTHERS FOR SUCH PURPOSES AND FOR
WHICH THERE IS NO MONETARY REMUNERATION. ANY SUCH IN-KIND SERVICES  MUST
HAVE  PRIOR  APPROVAL BY THE DEPARTMENT TO SATISFY THE MATCHING REQUIRE-
MENT PURSUANT TO THIS SECTION.
  2. (A) THE DEPARTMENT SHALL DESIGNATE REGIONAL TECHNOLOGY  DEVELOPMENT
CENTERS  IN  EACH OF THE TEN ECONOMIC DEVELOPMENT REGIONS THROUGHOUT THE
STATE. CENTERS SHALL BE DESIGNATED FOR A PERIOD  NOT  GREATER  THAN  TEN
YEARS THROUGH A COMPETITIVE SELECTION PROCESS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01045-01-5

S. 538                              2

  (B) COMPETITIVE SELECTION CRITERIA SHALL INCLUDE:
  (I)  THE  DEGREE  AND  COMPLETENESS  OF  INFORMATION  CONTAINED IN THE
PROPOSAL;
  (II) THE NATURE, RELEVANCE AND IMPORTANCE OF THE  PROPOSED  ACTIVITIES
TO THE REGION;
  (III) THE ANTICIPATED ECONOMIC BENEFITS TO THE STATE AND THE REGION TO
BE DERIVED FROM THE PROPOSED ACTIVITIES DESCRIBED IN THE PROPOSAL;
  (IV)  THE DEGREE TO WHICH THE MEMBERSHIP OF THE APPLICANT ORGANIZATION
IS REPRESENTATIVE OF THE REGION'S BUSINESS,  INDUSTRY,  LABOR,  ACADEMIC
AND  GOVERNMENT  SECTORS,  INCLUDING  STRONG  REPRESENTATION OF THE HIGH
TECHNOLOGY PRIVATE SECTOR;
  (V) THE COMMITMENT OF TIME AND ENERGY OF THE PRINCIPALS OF THE  APPLI-
CANT ORGANIZATION;
  (VI)  THE OPERATIONAL READINESS OF THE APPLICANT ORGANIZATION TO CARRY
OUT THE ACTIVITIES DESCRIBED IN THE PROPOSAL; AND
  (VII) THE APPLICANT ORGANIZATION'S PRIOR EXPERIENCE  AND  DEMONSTRATED
RESULTS  IN  PERFORMING ACTIVITIES IDENTICAL OR SIMILAR TO THOSE IDENTI-
FIED IN THE PROPOSAL.
  (C) THERE SHALL BE NO LIMIT ON THE NUMBER  OF  TIMES  CENTERS  MAY  BE
REDESIGNATED  AND IF THE DEPARTMENT DOES NOT ISSUE A TIMELY, NEW REQUEST
FOR PROPOSALS BEFORE THE END OF ANY TEN-YEAR PERIOD, OR IS NOT  ABLE  TO
EVALUATE  NEW  PROPOSALS  AND  MAKE  NEW  SELECTIONS  BY  THE END OF THE
TEN-YEAR DESIGNATION, ALL CONTRACTS FOR THE EXISTING CENTERS SHALL BE IN
EFFECT UNTIL THE END OF THE STATE FISCAL YEAR THAT FOLLOWS THE LAST YEAR
OF THE CENTER'S DESIGNATION  DURING  WHICH  TIME  THE  DEPARTMENT  SHALL
COMPLETE  ITS  EVALUATION  AND  REDESIGNATION  PROCESS  PURSUANT TO THIS
SECTION.
  3. THE DEPARTMENT IS HEREBY AUTHORIZED TO AWARD GRANTS  ON  A  COMPET-
ITIVE  BASIS, FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THIS PURPOSE BY
THE LEGISLATURE, TO MATCH FUNDS EXPENDED BY REGIONAL TECHNOLOGY DEVELOP-
MENT CENTERS FOR THE PURPOSES SET FORTH IN THIS SECTION AND  IN  ACCORD-
ANCE WITH RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT.
  4.  MATCHING  FUNDS  SHALL  BE  PROVIDED  ONLY  FOR PURPOSES WHICH ARE
RELATED TO THE REALIZATION OF THE TECHNOLOGICAL DEVELOPMENT POTENTIAL OF
A PARTICULAR REGION OF THE STATE AS DETERMINED BY THE DEPARTMENT.  AMONG
THE ACTIVITIES FOR WHICH MATCHING FUNDS MAY BE PROVIDED ARE THE  FOLLOW-
ING:
  (A)  SPONSORING  AND  CONDUCTING  REGIONAL  CONFERENCES  AND  STUDIES,
COLLECTING AND DISSEMINATING INFORMATION AND  ISSUING  PERIODIC  REPORTS
RELATING  TO  SCIENTIFIC  AND  TECHNOLOGICAL  RESEARCH,  DEVELOPMENT AND
EDUCATION IN THE REGION;
  (B) PREPARING AND PERIODICALLY ISSUING A REGISTER  OF  SCIENTIFIC  AND
TECHNOLOGICAL RESEARCH FACILITIES IN THE REGION;
  (C) ASSISTING SMALL AND EMERGING SCIENCE AND TECHNOLOGY-ORIENTED BUSI-
NESSES  WITHIN THE REGION INCLUDING PROVIDING ASSISTANCE IN APPLYING FOR
FEDERAL OR STATE RESEARCH GRANTS OR PROCUREMENT  CONTRACTS  AND  DISSEM-
INATING INFORMATION ON THE AVAILABILITY OF SUCH GRANTS AND CONTRACTS;
  (D)  COLLECTING AND DISSEMINATING INFORMATION ON FINANCIAL, TECHNICAL,
MARKETING, MANAGEMENT AND OTHER SERVICES AVAILABLE TO SMALL AND EMERGING
SCIENCE AND TECHNOLOGY-ORIENTED BUSINESSES WITHIN THE REGION AND ARRANG-
ING ACCESS TO SUCH SERVICES ON A FREE OR FOR-HIRE BASIS  FROM  UNIVERSI-
TIES, PRIVATE FOR-PROFIT BUSINESSES AND NONPROFIT ORGANIZATIONS;
  (E) PROVIDING TECHNICAL ASSISTANCE INCLUDING MANAGEMENT, MARKETING AND
FINANCIAL  PACKAGING  ASSISTANCE  TO,  AND  COLLECTING AND DISSEMINATING
INFORMATION REGARDING INNOVATIONS FOR THE BENEFIT OF,  INVENTORS  INTER-

S. 538                              3

ESTED  IN  HAVING THEIR IDEAS DEVELOPED AND COMMERCIALIZED AND ENTREPRE-
NEURS INTERESTED IN THE COMMERCIALIZATION OF NEW PRODUCTS AND PROCESSES;
  (F)  SUPPORTING  UNIVERSITY-INDUSTRY COLLABORATION IN APPLIED RESEARCH
AND TECHNOLOGY BASED ECONOMIC DEVELOPMENT, THE  PROMOTION  OF  INCUBATOR
FACILITIES  AND  THE  GENERATION  OR  BROKERING OF INVESTMENT CAPITAL TO
SUPPORT REGIONAL NEW ENTERPRISE DEVELOPMENT;
  (G) ASSISTING IN THE DEVELOPMENT OF A GLOBALLY COMPETITIVE  TECHNOLOGY
DEVELOPMENT STRATEGY FOR THE REGION;
  (H)  CONTRIBUTING INFORMATION TO ANY STATEWIDE DATABASE, WHICH IDENTI-
FIES RESOURCES  AVAILABLE  FROM  COLLEGES,  UNIVERSITIES  AND  TECHNICAL
SERVICE  PROVIDERS  AND  WHICH  PROVIDES  INFORMATION, INCLUDING VENTURE
CAPITAL SOURCES AND LABOR MARKET STATISTICS, OF INTEREST TO AND FOR  USE
BY ENTREPRENEURS AND TECHNOLOGY-ORIENTED BUSINESSES;
  (I)  PROJECTING  THE NEED FOR THE TECHNICAL AND PROFESSIONAL WORKFORCE
WITHIN THE REGION AND ASSISTING OTHERS IN PLANNING FOR PROJECTED  DISLO-
CATIONS AND RETRAINING;
  (J)  ASSISTING  THE  DEPARTMENT IN IDENTIFYING AND CONTACTING ELIGIBLE
APPLICANTS, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION  ONE  OF  SECTION
TWO  HUNDRED TWENTY-FOUR OF THIS CHAPTER, AND SPONSORING, IN CONJUNCTION
WITH THE CONFERENCES, SEMINARS, COUNSELING SESSIONS AND  OTHER  OUTREACH
EFFORTS  AIMED  AT  IMPROVING  THE COMPETITIVE POSITION OF APPLICANTS IN
INTERNATIONAL MARKETS BY PROMOTING EXPORTING;
  (K) CONDUCTING SUCH OTHER APPROPRIATE ACTIVITIES AS MAY BE ESTABLISHED
BY THE DEPARTMENT FOR THE PURPOSE OF REALIZING THE TECHNOLOGICAL  DEVEL-
OPMENT POTENTIAL OF THE REGION SERVED BY THE APPLICANT; AND
  (L) PERFORMING ACTIVITIES AND DELIVERING SERVICES PURSUANT TO SUBPARA-
GRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION FIVE OF THIS SECTION.
  5.  (A)  REGIONAL  TECHNOLOGY DEVELOPMENT CENTERS SHALL ADMINISTER THE
NEW YORK MANUFACTURING EXTENSION PARTNERSHIP PROGRAM, ALSO  REFERRED  TO
AS  THE  INDUSTRIAL  TECHNOLOGY  EXTENSION  SERVICE PROGRAM, WHICH SHALL
PROVIDE TECHNICAL AND MANAGEMENT ASSISTANCE TO  MANUFACTURING  COMPANIES
WITHIN THE STATE FOR THE FOLLOWING PURPOSES:
  (I)  TO  IMPROVE  THE  GLOBAL  COMPETITIVENESS AND INCREASE THE MARKET
SHARE OF VIABLE NEW YORK STATE INDUSTRIES AND  FIRMS  THROUGH  INCREASED
KNOWLEDGE OF NEW TECHNOLOGIES AND OTHER INNOVATIONS;
  (II) TO ASSIST INDUSTRIAL FIRMS THROUGH CONSULTING AND TRAINING ACTIV-
ITIES  WITH THE INTRODUCTION OF IMPROVED MANAGEMENT AND PRODUCTION PROC-
ESSES IN ORDER TO ENHANCE THEIR PRODUCTIVITY AND COMPETITIVENESS;
  (III) TO PROVIDE INDUSTRIAL EFFECTIVENESS FIELD SERVICES  PURSUANT  TO
ARTICLE SEVEN OF THIS CHAPTER;
  (IV)  TO ASSIST IN THE RETENTION AND EXPANSION OF INDUSTRIAL FIRMS AND
EMPLOYMENT IN NEW YORK STATE;
  (V) TO ADMINISTER ACTIVITIES AND SERVICES WITH ALL FEDERAL MANUFACTUR-
ING EXTENSION PARTNERSHIP PROGRAM FUNDS RECEIVED BY THE  STATE  PURSUANT
TO  PUBLIC  LAW 110-69 WHICH SHALL QUALIFY AS MATCHING FUNDS PURSUANT TO
SUBDIVISION THREE OF THIS SECTION; AND
  (VI) TO COMMUNICATE  INDUSTRIAL  NEEDS  TO  UNIVERSITIES  AND  OTHERS,
BROKERING  JOINT UNIVERSITY-INDUSTRY INVESTIGATIONS TO AID INDUSTRY, AND
ASSISTING IN THE PROVISION OF PRODUCTIVITY AND  GROWTH  IMPROVEMENTS  TO
MATURE INDUSTRIES.
  (B)  NOTWITHSTANDING  ANY  OTHER  LAW,  GRANTS  MADE BY THE DEPARTMENT
PURSUANT TO THIS SECTION SHALL BE MATCHED ON A FIFTY  PERCENT  BASIS  BY
THE  REGIONAL  TECHNOLOGY  DEVELOPMENT CENTER AND UP TO FIFTY PERCENT OF
SUCH MATCH MAY BE OF IN-KIND SERVICES AS APPROVED BY THE DEPARTMENT.
  (C) THE DEPARTMENT MAY ESTABLISH SUCH REQUIREMENTS AS IT DEEMS  APPRO-
PRIATE  FOR  THE  FORMAT AND CONTENT OF APPLICATIONS FOR MATCHING GRANTS

S. 538                              4

PURSUANT TO THIS SUBDIVISION AND SHALL SET REASONABLE DEADLINES FOR  THE
SUBMISSION OF APPLICATIONS FOR SUCH SUPPORT.
  (D)  THE DEPARTMENT MAY SELECT FROM COMPETING APPLICATIONS THOSE WHICH
IT JUDGES TO BE OF GREATEST BENEFIT TO THE WELFARE OF THE PEOPLE OF  THE
STATE  AND  MAY  APPROVE  OR REJECT ANY OR ALL OF THE COMPETING APPLICA-
TIONS. THE DEPARTMENT SHALL NOTIFY ALL APPLICANTS  OF  THE  APPROVAL  OR
REJECTION OF THEIR APPLICATIONS IN A TIMELY FASHION.
  (E) THE DEPARTMENT SHALL REQUIRE PERIODIC REPORTS AND OTHER SUCH DOCU-
MENTS  AND  INFORMATION  AS IT DEEMS NECESSARY TO MONITOR AND REVIEW THE
PERFORMANCE OF EACH REGIONAL TECHNOLOGY  DEVELOPMENT  CENTER  AWARDED  A
GRANT.
  6.  THE DEPARTMENT SHALL SUBMIT A REPORT PURSUANT TO SUBDIVISION THIR-
TY-SEVEN-B OF SECTION ONE HUNDRED OF THIS CHAPTER TO THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  THE SPEAKER OF THE ASSEMBLY,
DETAILING THE  ACTIVITIES  THAT  EACH  REGIONAL  TECHNOLOGY  DEVELOPMENT
CENTER  HAS  UNDERTAKEN  DURING  THE  REPORTING YEAR. SUCH REPORTS SHALL
INCLUDE BUT NOT BE LIMITED TO, THE COMPOSITION OF THE CENTER, THE AMOUNT
OF THE GRANT AWARDED AND THE MATCH PROVIDED, THE DUTIES AND  OBLIGATIONS
REQUIRED BY THE DEPARTMENT, A DESCRIPTION OF THE CENTER'S ACTIVITIES AND
ACCOMPLISHMENTS,  THE NUMBER OF JOBS CREATED OR RETAINED, THE NUMBER AND
TYPES OF COMPANIES ASSISTED, THE INCREASE IN THE NUMBER OF NEW-TO-MARKET
AND NEW-TO-EXPORT BUSINESSES BY EMPLOYMENT SIZE,  THE  INCREASE  IN  THE
VALUE  OF EXPORT SALES BY BUSINESS EMPLOYMENT SIZE, AND ANY OTHER PERTI-
NENT INFORMATION AS DETERMINED BY THE DEPARTMENT.
  7. TO THE FULLEST EXTENT PERMITTED UNDER SUBDIVISION  TWO  OF  SECTION
EIGHTY-SEVEN  OF  THE PUBLIC OFFICERS LAW, ALL INFORMATION REGARDING THE
FINANCIAL   CONDITION,   MARKETING   PLANS,   MANUFACTURING   PROCESSES,
PRODUCTION  COSTS,  PRODUCTIVITY  RATES,  CUSTOMER LISTS, OR OTHER TRADE
SECRETS AND PROPRIETARY INFORMATION OF A  PERSON  OR  ENTITY  REQUESTING
ASSISTANCE FROM THE DEPARTMENT PURSUANT TO THIS SECTION WHICH IS SUBMIT-
TED  BY  SUCH  PERSON  OR ENTITY TO THE DEPARTMENT IN CONNECTION WITH AN
APPLICATION FOR ASSISTANCE OR WITH A PRODUCTIVITY ASSESSMENT  OR  FEASI-
BILITY STUDY, SHALL BE CONFIDENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE.
  S 2. This act shall take effect immediately.

senate Bill S539

2015-2016 Legislative Session

Relates to the content of schedules to be transmitted to the liquor authority

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

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

S539 - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §101-b, ABC L
Versions Introduced in 2013-2014 Legislative Session:
S497

S539 - Bill Texts

view summary

Relates to the content of schedules to be transmitted to the liquor authority by authorizing different products or different sized bottles from the same manufacturer to be offered in a "combination."

view sponsor memo
BILL NUMBER: S539

TITLE OF BILL : An act to amend the alcoholic beverage control law,
in relation to the content of schedules to be transmitted to the
liquor authority

PURPOSE :

To allow liquor orders containing various flavors and sizes of
products produced by the same manufacturer to be eligible for quantity
discounts.

SUMMARY OF PROVISIONS :

Subdivision 3 of section 101-b of the alcoholic beverage control law
is amended by adding that different products or different sized
bottles from the same manufacturer may be offered in combinations that
entitle the retailer to a quantity discount.

EXISTING LAW :

Quantity discounts are only available when applied to identical
products.

JUSTIFICATION :

Current law restricts wholesalers from offering quantity discounts to
manufacturers on anything but identical products. This bill would
expand the ability of wholesalers to offer discounts to retailers for
combinations of products that are produced by the same manufacturer -
allowing them to purchase an assortment of varieties and bottle sizes.
This legislation would provide savings for both retail establishments
and their consumers.

LEGISLATIVE HISTORY :

2013-14: S.497 Referred to Investigations and Government Operations

FISCAL IMPLICATIONS :

None.

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

                                   539

                       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 Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  content of schedules to be transmitted to the liquor authority

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

  Section 1. Paragraph (b) of subdivision 3  of  section  101-b  of  the
alcoholic  beverage  control  law,  as amended by section 1 of part E of
chapter 56 of the laws of 2006, is amended to read as follows:
  (b) No brand of liquor or wine shall be sold  to  or  purchased  by  a
retailer  unless a schedule, as provided by this section, is transmitted
to and received by the liquor authority, and is  then  in  effect.  Such
schedule  shall  be  transmitted  to the authority in such form, manner,
medium and format as the authority may  direct;  shall  be  deemed  duly
verified by the person submitting such schedule upon its transmission to
the  authority;  and shall contain, with respect to each item, the exact
brand or trade name, capacity of package, nature of  contents,  age  and
proof where stated on the label, the number of bottles contained in each
case,  the  bottle  and case price to retailers, the net bottle and case
price paid by the seller, which prices, in each instance, shall be indi-
vidual for each item and not  in  "combination"  with  any  other  item,
PROVIDED  THAT  DIFFERENT  PRODUCTS  OR DIFFERENT SIZED BOTTLES FROM THE
SAME MANUFACTURER MAY BE OFFERED IN SUCH  "COMBINATION",  the  discounts
for  quantity,  if  any,  and the discounts for time of payment, if any.
Such brand of liquor or wine shall not be sold to  retailers  except  at
the  price  and discounts then in effect unless prior written permission
of the authority is granted for good cause shown  and  for  reasons  not
inconsistent  with  the  purpose of this chapter. Such schedule shall be
transmitted by each manufacturer selling such brand to retailers and  by
each wholesaler selling such brand to retailers.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01052-01-5

senate Bill S540

2015-2016 Legislative Session

Relates to purchasing wine or liquor by two or more licensed retailers

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

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

S540 - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §101-b, ABC L
Versions Introduced in 2013-2014 Legislative Session:
S356

S540 - Bill Texts

view summary

Relates to purchasing wine or liquor by two or more licensed retailers.

view sponsor memo
BILL NUMBER: S540

TITLE OF BILL : An act to amend the alcoholic beverage control law,
in relation to purchasing by two or more licensed retailers

PURPOSE :

To allow for pooled purchasing by licensed retailers.

SUMMARY OF PROVISIONS :

Section one of the bill provides for cooperative agreements so that
liquor stores may agree to jointly purchase larger, more cost
effective, quantities than would be possible without cooperative
agreements.

Section two of this bill provides an immediate effective date.

EXISTING LAW :

Each liquor store must make its own separate purchases.

JUSTIFICATION :

Small liquor stores are unable to get the quantity discounts currently
available to larger liquor stores. This would provide a way for such
liquor stores to remain competitive.

LEGISLATIVE HISTORY :

2013-14: S.356 Referred to Investigations and Government Operations

FISCAL IMPLICATIONS :

None.

LOCAL FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE :
Immediate.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   540

                       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 Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  purchasing by two or more licensed retailers

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

  Section 1. Subdivision 3 of section 101-b of  the  alcoholic  beverage
control law is amended by adding a new paragraph (e) to read as follows:
  (E)  FOR  THE  PURPOSES  OF PURCHASING ONLY, ANY TWO OR MORE RETAILERS
LICENSED PURSUANT TO SECTION SIXTY-THREE OR SEVENTY-NINE OF THIS CHAPTER
MAY JOIN IN AN AGREEMENT TO MAKE JOINT  PURCHASES  OF  LIQUOR  OR  WINE,
PROVIDED,  HOWEVER, THAT ALL SUCH ALCOHOLIC BEVERAGES PURCHASED PURSUANT
TO ANY SUCH AGREEMENT SHALL BE DISTRIBUTED TO NONE OTHER THAN A LICENSEE
WHO IS A PARTY TO SUCH AGREEMENT. THE COOPERATIVE AGREEMENTS, AS AUTHOR-
IZED UNDER THIS SUBDIVISION, SHALL BE VOID IF,  WITHIN  A  CITY  WITH  A
POPULATION  OF  ONE  MILLION  OR  MORE, THE PREMISES OPERATING UNDER THE
COOPERATIVE AGREEMENTS AUTHORIZED IN THIS SUBDIVISION ARE  LOCATED  MORE
THAN  ONE  MILE FROM ONE ANOTHER. THE COOPERATIVE AGREEMENTS, AS AUTHOR-
IZED UNDER THIS SUBDIVISION, SHALL BE VOID IF, OUTSIDE OF A CITY WITH  A
POPULATION  OF  ONE MILLION OR MORE, THE PREMISES OPERATING UNDER AGREE-
MENTS AUTHORIZED IN THIS SUBDIVISION ARE LOCATED MORE THAN  FIFTY  MILES
FROM  ONE  ANOTHER.  THE  AUTHORITY  MAY PROMULGATE SUCH RULES AND REGU-
LATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SUBDIVI-
SION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01054-01-5

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