senate Bill S119

2015-2016 Legislative Session

Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor

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
Apr 29, 2016 print number 119a
amend and recommit to investigations and government operations
Jan 06, 2016 referred to investigations and government operations
Jan 07, 2015 referred to investigations and government operations

Bill Amendments

S119
S119A
S119
S119A

S119 - Bill Details

See Assembly Version of this Bill:
A3557
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §100, ABC L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S186, A3768
2011-2012: S39A, A3594
2009-2010: S4141, A2624
2015-2016: S119A

S119 - Bill Texts

view summary

Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor.

view sponsor memo
BILL NUMBER: S119

TITLE OF BILL : An act to amend the alcoholic beverage control law,
in relation to procedures associated with issuing licenses to sell
liquor for consumption

PURPOSE OR GENERAL IDEA OF BILL :

Requires the posting of notice by certain establishments upon the
submission of an application or application for renewal for a liquor
license to sell liquor.

SUMMARY OF SPECIFIC PROVISIONS :

The alcoholic beverage control law is amended by adding a new
subdivision to chapter 256 of the laws of 1978. This subdivision
requires posting within ten days after filing a new or renewal
application to sell liquor at retail. This notice will remain posted
until the date of the hearing or public meeting specified in such
notice. The posting shall specify the application date, the type of
license, the identification number and how to contact the State Liquor
Authority to give a response to the application, This posting will be
of the form prescribed by the authority either printed or highlighted
stating new or renewal for a liquor license to sell liquor. The
applicant will insure that the notice will remain posted in a
conspicuous place at the entrance to the establishment or proposed
establishment where it can be easily read by passers-by throughout the
pendency of the application. These provisions will only apply to where
no retail liquor license has been previously granted. This will not be
applicable to a proposed sale of an existing business engaged in the
retail sale of liquor. Within ten days of the applicant's receipt of a
written request from the authority, the applicant shall repost such
notice.

JUSTIFICATION :

A majority of licensed premises which serve alcohol and beer operate
as good neighbors. However, there are some establishments which have
caused numerous problems for their neighbors. In some instances,
licensees have exhibited a pattern of disregard of their patrons'
disorderly behavior which repeatedly disturbs the neighborhoods in
which they are located. In others, loud music emanating from
establishments prevents residents from getting a good night's sleep.
The effect of these problem bars in densely-developed, mixed-use areas
is often magnified as residents live in close proximity to licensed
establishments.

While problem bars have led neighbors to make complaints to owners of
establishments and the police, residents are often unfamiliar with the
timeframe in which they may express their complaints and share their
experiences with the State Liquor Authority. Consequently, many
individuals miss these opportunities to express their concerns while
the State Liquor Authority is considering an establishment's
application for a new liquor license or a renewal of a liquor license.

This legislation requires that all establishments post clear notice
when they apply for a new, or renewal liquor license. In addition,
establishments are mandated to post notice of State Liquor Authority
hearings involving their establishment. In this way, the public will
be alerted to upcoming opportunities to bring their issues and
concerns about problem establishments to the attention of the State
Liquor Authority. Since community members must live with the
consequences of problem establishments, it is essential that they be
aware of opportunities to express their concerns directly to the State
Liquor Authority. Improving public notice will also help provide the
State Liquor Authority with a fuller picture of the impact of problem
establishments, so that the liquor license decisions that they make
will better reflect the totality of circumstances.

PRIOR LEGISLATIVE HISTORY :

2006: A10049 - Reported from Economic Development and Referred to
Codes 2007-2008: A4584 - Third Reading Cal. 974
2009-2010: S4141/A2624 - REFERRED TO IGOV/advanced to third reading
2011-2012: S39A/A3594A - REFERRED TO IGOV/advanced to third reading
2013-2014: S186/A3768 - REFERRED TO IGOV

FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall become
law and shall apply to all applications or applications for renewal
made under section 64, 64-a, 64-b, 64-c, 64-d of the alcohol beverage
control law with the state liquor authority on or after such effective
date; provided that any rules or regulations necessary or convenient
to implement the provisions of the act are authorized to be
promulgated on or before such effective date.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   119

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  procedures  associated  with  issuing  licenses  to  sell  liquor  for
  consumption

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

  Section  1.    Subdivision  7 of section 100 of the alcoholic beverage
control law, as added by chapter 256 of the laws of 1978, is amended and
a new subdivision 8 is added to read as follows:
  7. Within ten days after filing a new application to  sell  liquor  at
retail  under  section  sixty-three[, sixty-four, sixty-four-a or sixty-
four-b] of this chapter, a notice thereof, in the form prescribed by the
authority, shall be posted by the applicant in a  conspicuous  place  at
the  entrance to the proposed premises. The applicant shall make reason-
able efforts to insure such notice shall remain  posted  throughout  the
pendency  of  the  application.  The  provisions hereof shall apply only
where no retail liquor license  has  previously  been  granted  for  the
proposed  premise  and  shall,  specifically,  not  be  applicable  to a
proposed sale of an existing business engaged  in  the  retail  sale  of
liquor.  The  authority may adopt such rules AS it may deem necessary to
carry out the purpose of this subdivision.
  8. (A) WITHIN TEN DAYS AFTER FILING A NEW APPLICATION OR  AN  APPLICA-
TION  FOR RENEWAL TO SELL LIQUOR UNDER SECTION SIXTY-FOUR, SIXTY-FOUR-A,
SIXTY-FOUR-B, SIXTY-FOUR-C OR SIXTY-FOUR-D OF  THIS  CHAPTER,  A  NOTICE
THEREOF  SHALL  BE POSTED BY THE APPLICANT IN A CONSPICUOUS PLACE AT THE
ENTRANCE TO THE ESTABLISHMENT OR PROPOSED ESTABLISHMENT WHERE IT CAN  BE
EASILY  READ BY PASSERS-BY. SAID NOTICE SHALL BE IN A FORM PRESCRIBED BY
THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE EITHER PRINTED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00917-01-5

S. 119                              2

OR HIGHLIGHTED IN A PINK INK OF A NEON, LUMINOUS OR FLUORESCENT VARIETY.
THE NOTICE SHALL SPECIFY THE APPLICATION DATE, THE TYPE OF LICENSE,  THE
IDENTIFICATION  NUMBER  AND HOW TO CONTACT THE STATE LIQUOR AUTHORITY TO
GIVE A RESPONSE TO THE APPLICATION.  THE APPLICANT SHALL MAKE REASONABLE
EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED THROUGHOUT THE PENDEN-
CY  OF  SUCH  APPLICATION.   ADDITIONALLY, WITHIN TEN DAYS OF THE APPLI-
CANT'S RECEIPT OF A WRITTEN REQUEST FROM THE  AUTHORITY,  THE  APPLICANT
SHALL RE-POST SUCH NOTICE.  THE AUTHORITY MAY ADOPT SUCH RULES AS IT MAY
DEEM NECESSARY TO CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
  (B)  WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF WRITTEN NOTICE OF A
HEARING  SCHEDULED  PURSUANT  TO  SECTION  SIXTY-FOUR,  SIXTY-FOUR-A  OR
SIXTY-FOUR-C  OF  THIS  CHAPTER, THE APPLICANT SHALL POST A COPY OF SUCH
NOTICE IN A CONSPICUOUS PLACE AT THE ENTRANCE TO  THE  ESTABLISHMENT  OR
PROPOSED  ESTABLISHMENT  WHERE IT CAN BE EASILY READ BY PASSERS-BY. THIS
NOTICE SHALL INCLUDE IN CLEAR AND CONCISE LANGUAGE A  STATEMENT  OF  THE
USE  AND CAPACITY OF THE ESTABLISHMENT. THE APPLICANT SHALL MAKE REASON-
ABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED UNTIL THE DATE OF
THE HEARING OR PUBLIC MEETING SPECIFIED IN  SUCH  NOTICE.  ADDITIONALLY,
WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE
AUTHORITY,  THE  APPLICANT SHALL RE-POST SUCH NOTICE.  THE AUTHORITY MAY
ADOPT SUCH RULES AS IT MAY DEEM NECESSARY TO CARRY OUT  THE  PURPOSE  OF
THIS PARAGRAPH.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all  applications  or  applications
for renewal made under section 64, 64-a, 64-b, 64-c or 64-d of the alco-
holic  beverage control law for a license to sell liquor for consumption
that are pending before or filed with the state liquor authority  on  or
after  such effective date; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

S119A - Bill Details

See Assembly Version of this Bill:
A3557
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §100, ABC L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S186, A3768
2011-2012: S39A, A3594
2009-2010: S4141, A2624
2015-2016: S119A

S119A - Bill Texts

view summary

Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor.

view sponsor memo
BILL NUMBER: S119A

TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
procedures associated with issuing licenses to sell liquor for
consumption

PURPOSE OR GENERAL IDEA OF BILL :

Requires the posting of notice by certain establishments upon the
submission of an application or application for renewal for a liquor
license to sell liquor.

SUMMARY OF SPECIFIC PROVISIONS :

The alcoholic beverage control law is amended by adding a new
subdivision to chapter 256 of the laws of 1978. This subdivision
requires posting within ten days after filing a new or renewal
application to sell liquor at retail. This notice will remain posted
until the date of the hearing or public meeting specified in such
notice. The posting shall specify the application date, the type of
license, the identification number and how to contact the State Liquor
Authority to give a response to the application, This posting will be
of the form prescribed by the authority either printed or highlighted
stating new or renewal for a liquor license to sell liquor. The
applicant will insure that the notice will remain posted in a
conspicuous place at the entrance to the establishment or proposed
establishment where it can be easily read by passers-by throughout the
pendency of the application. These provisions will only apply to where
no retail liquor license has been previously granted. This will not be
applicable to a proposed sale of an existing business engaged in the
retail sale of liquor. Within ten days of the applicant's receipt of a
written request from the authority, the applicant shall repost such
notice.

JUSTIFICATION :

A majority of licensed premises which serve alcohol and beer operate
as good neighbors. However, there are some establishments which have
caused numerous problems for their neighbors. In some instances,
licensees have exhibited a pattern of disregard of their patrons'
disorderly behavior which repeatedly disturbs the neighborhoods in
which they are located. In others, loud music emanating from
establishments prevents residents from getting a good night's sleep.
The effect of these problem bars in densely-developed, mixed-use areas
is often magnified as residents live in close proximity to licensed
establishments.

While problem bars have led neighbors to make complaints to owners of
establishments and the police, residents are often unfamiliar with the
timeframe in which they may express their complaints and share their
experiences with the State Liquor Authority. Consequently, many
individuals miss these opportunities to express their concerns while
the State Liquor Authority is considering an establishment's
application for a new liquor license or a renewal of a liquor license.

This legislation requires that all establishments post clear notice
when they apply for a new, or renewal liquor license. In addition,
establishments are mandated to post notice of State Liquor Authority
hearings involving their establishment. In this way, the public will
be alerted to upcoming opportunities to bring their issues and
concerns about problem establishments to the attention of the State
Liquor Authority. Since community members must live with the
consequences of problem establishments, it is essential that they be
aware of opportunities to express their concerns directly to the State
Liquor Authority. Improving public notice will also help provide the
State Liquor Authority with a fuller picture of the impact of problem
establishments, so that the liquor license decisions that they make
will better reflect the totality of circumstances.

PRIOR LEGISLATIVE HISTORY :

2006: A10049 - Reported from Economic Development and Referred to
Codes
2007-2008: A4584 - Third Reading Cal. 974
2009-2010: S4141/A2624 - REFERRED TO IGOV/advanced to third reading
2011-2012: S39A/A3594A - REFERRED TO IGOV/advanced to third reading
2013-2014: S186/A3768 - REFERRED TO IGOV

FISCAL IMPLICATIONS :

To be determined.

EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall become
law and shall apply to all applications or applications for renewal
made under section 64, 64-a, 64-b, 64-c, 64-d of the alcohol beverage
control law with the state liquor authority on or after such effective
date; provided that any rules or regulations necessary or convenient
to implement the provisions of the act are authorized to be
promulgated on or before such effective date.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 119--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  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  alcoholic  beverage control law, in relation to
  procedures  associated  with  issuing  licenses  to  sell  liquor  for
  consumption

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

  Section 1.  Subdivision 8 of section 100  of  the  alcoholic  beverage
control  law, as added by chapter 256 of the laws of 1978 and renumbered
by chapter 466 of the laws of 2015, is amended and a new  subdivision  9
is added to read as follows:
  8.  Within  ten  days after filing a new application to sell liquor at
retail under section sixty-three[, sixty-four,  sixty-four-a  or  sixty-
four-b] of this chapter, a notice thereof, in the form prescribed by the
authority,  shall  be  posted by the applicant in a conspicuous place at
the entrance to the proposed premises. The applicant shall make  reason-
able  efforts  to  insure such notice shall remain posted throughout the
pendency of the application. The  provisions  hereof  shall  apply  only
where  no  retail  liquor  license  has  previously been granted for the
proposed premise  and  shall,  specifically,  not  be  applicable  to  a
proposed  sale  of  an  existing  business engaged in the retail sale of
liquor. The authority may adopt such rules AS it may deem  necessary  to
carry out the purpose of this subdivision.
  9.  (A)  WITHIN TEN DAYS AFTER FILING A NEW APPLICATION OR AN APPLICA-
TION FOR RENEWAL TO SELL LIQUOR UNDER SECTION SIXTY-FOUR,  SIXTY-FOUR-A,
SIXTY-FOUR-B,  SIXTY-FOUR-C  OR  SIXTY-FOUR-D  OF THIS CHAPTER, A NOTICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00917-02-6

S. 119--A                           2

THEREOF SHALL BE POSTED BY THE APPLICANT IN A CONSPICUOUS PLACE  AT  THE
ENTRANCE  TO THE ESTABLISHMENT OR PROPOSED ESTABLISHMENT WHERE IT CAN BE
EASILY READ BY PASSERS-BY. SAID NOTICE SHALL BE IN A FORM PRESCRIBED  BY
THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE EITHER PRINTED
OR HIGHLIGHTED IN A PINK INK OF A NEON, LUMINOUS OR FLUORESCENT VARIETY.
THE  NOTICE SHALL SPECIFY THE APPLICATION DATE, THE TYPE OF LICENSE, THE
IDENTIFICATION NUMBER AND HOW TO CONTACT THE STATE LIQUOR  AUTHORITY  TO
GIVE A RESPONSE TO THE APPLICATION.  THE APPLICANT SHALL MAKE REASONABLE
EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED THROUGHOUT THE PENDEN-
CY  OF  SUCH  APPLICATION.   ADDITIONALLY, WITHIN TEN DAYS OF THE APPLI-
CANT'S RECEIPT OF A WRITTEN REQUEST FROM THE  AUTHORITY,  THE  APPLICANT
SHALL RE-POST SUCH NOTICE.  THE AUTHORITY MAY ADOPT SUCH RULES AS IT MAY
DEEM NECESSARY TO CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
  (B)  WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF WRITTEN NOTICE OF A
HEARING  SCHEDULED  PURSUANT  TO  SECTION  SIXTY-FOUR,  SIXTY-FOUR-A  OR
SIXTY-FOUR-C  OF  THIS  CHAPTER, THE APPLICANT SHALL POST A COPY OF SUCH
NOTICE IN A CONSPICUOUS PLACE AT THE ENTRANCE TO  THE  ESTABLISHMENT  OR
PROPOSED  ESTABLISHMENT  WHERE IT CAN BE EASILY READ BY PASSERS-BY. THIS
NOTICE SHALL INCLUDE IN CLEAR AND CONCISE LANGUAGE A  STATEMENT  OF  THE
USE  AND CAPACITY OF THE ESTABLISHMENT. THE APPLICANT SHALL MAKE REASON-
ABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED UNTIL THE DATE OF
THE HEARING OR PUBLIC MEETING SPECIFIED IN  SUCH  NOTICE.  ADDITIONALLY,
WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE
AUTHORITY,  THE  APPLICANT SHALL RE-POST SUCH NOTICE.  THE AUTHORITY MAY
ADOPT SUCH RULES AS IT MAY DEEM NECESSARY TO CARRY OUT  THE  PURPOSE  OF
THIS PARAGRAPH.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all  applications  or  applications
for renewal made under section 64, 64-a, 64-b, 64-c or 64-d of the alco-
holic  beverage control law for a license to sell liquor for consumption
that are pending before or filed with the state liquor authority  on  or
after  such effective date; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

senate Bill S116

2015-2016 Legislative Session

Requires cultural awareness and competence training for all medical professionals as part of their licensing requirements; public ed program; appropriation

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 20, 2016 print number 116a
amend and recommit to finance
Jan 06, 2016 referred to finance
Jan 07, 2015 referred to finance

Bill Amendments

S116
S116A
S116
S116A

Co-Sponsors

S116 - Bill Details

See Assembly Version of this Bill:
A6679
Current Committee:
Law Section:
Appropriations
Laws Affected:
Add §6505-d, Ed L; amd §§2805-k & 206, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S793A, A2471A
2011-2012: S118A, A1434A
2009-2010: S3129, A8843

S116 - Bill Texts

view summary

Requires cultural awareness and competence training for all medical professionals as part of their licensing requirements; requires biennial training in the non-discriminatory provision of medical services for physicians, physician assistants, dentists, dental hygienists, registered and licensed practical nurses, podiatrists, and optometrists; authorizes the department of education to develop the training in consultation with the department of health and other experts; provides for documentation and exemption from the requirements; provides for a public education program on minority health; appropriates $100,000 therefor.

view sponsor memo
BILL NUMBER: S116

TITLE OF BILL : An act to amend the education law and the public
health law, in relation to requiring cultural awareness and competence
training for all medical professionals; to amend the public health
law, in relation to a public health education program; and making an
appropriation therefor

PURPOSE: : To require cultural awareness and competence training for
all medical professionals as part of their licensing requirements;
creates a public education program; provides for an appropriation.

SUMMARY OF PROVISIONS: :

Section 1. Amends the education law by adding a new section 6505-d.
Requires every physician, physician assistant, dentist, registered
nurse, licensed practical nurse, podiatrist, optometrist and dental
hygienist practicing in the state to complete on or before July first,
2017 and every two years thereafter, course work or training
appropriate to the professional's practice approved by the department
regarding cultural awareness and competence in the nondiscriminatory
provision of medical services. Requires each medical professional to
document that he or she has completed the required course work.
Provides an exemption for those medical professionals who request such
an exemption and who can clearly document to the satisfaction of the
department that there is no need for the professional to complete the
required coursework.

Section 2. Amends the Public Health Law, section 2805-k (1) (f).
Requires physicians, dentists or podiatrists to document the
completion of cultural awareness and competency training. Prohibits
hospitals or facilities from granting or renewing professional
privileges if such medical professional has not completed the required
training.

Section 3. Amends the Public Health Law section 206 of by adding a new
subdivision 29. Authorizes the Commissioner of Health to develop and
implement a statewide, community-based public health education program
to reduce disparities in minority health care.

Section 4. Appropriation

Section 5. Effective Date

EXISTING LAW: : None

JUSTIFICATION: : The Office of Minority Health and Health
Disparities in the U S. Centers of Disease Control (CDC) reports
that:

o Even though the Nation's infant mortality rate is down, the infant
death rate among African Americans is still more than double that of
whites;

o Hispanics living in the United States are almost twice as likely to
die from diabetes than non-Hispanic whites; and,

o American Indians and Alaska Natives suffer from diabetes at more
than twice the rate of whites.

According to the New York State Department of Health "Health
disparities are deep and pervasive in New York State, as they are in
almost every state in the nation. Some racial and ethnic minority
groups, people with low incomes and/or language barriers, people who
live in underserved communities, and many others have poorer health
from birth (e.g., infant mortality) to death (e.g., premature deaths).
Across the lifespan, they suffer higher rates of disease and
disability. And these problems begin early, adding to the erosion of
opportunity for children who often face a constellation of other
social and economic challenges. As a result, disparities have a
devastating human and economic impact on the state."

Health Disparities in New York City: Minding the Gap (2010 New York
City Department of Health and Mental Hygiene) reported that:

o Death rates are almost 30% higher in the poorest New York City
neighborhoods than in wealthier neighborhoods

o Blacks and whites in the poorest neighborhoods die at higher rates
than their counterparts living in richer neighborhoods

o Black, Hispanic and Asian New Yorkers are more likely to die
prematurely than whites, regardless of neighborhood income

o Gaps in death rates between blacks and whites vary by cause of death
and neighborhood income

Evidence suggests that a more culturally competent health workforce is
one way to address problems associated with health care disparities by
improving access to care. The Agency for Healthcare Research and
Quality likewise reported "that a lack of attention to cultural issues
reacts to less than optimal care and addressing these concerns or
using certain cultural competence interventions leads to improved
outcomes." Washington, New Jersey, California are among the states
that currently require cultural awareness and competency training for
its healthcare workforce.

This bill addresses the problems associated with health care
disparities by requiring medical professionals to complete required
course work in cultural awareness and competency training as part of
their licensing requirements.

LEGISLATIVE HISTORY: : 2014: S.793A - Amend and Recommit to
Finance/A.2417A - Amend and Recommit to Higher Education
2013: S.793 - Referred to Finance/A.2417 - Referred to Higher
Education
2012: S.118-A-Amended and recommit to Health/ A.1434 - A- Amended and
recommit to Higher Education
2011: S.118 - Notice of Committee Consideration Requested, Committee
Discharged and Committed to Health/A.1434 - Referred to Higher
Education
2009-10: S.3129 - Referred to Higher Education/A.8843 - Referred to
Higher Education 2007-08: S.765 - Referred to Finance

FISCAL IMPLICATIONS: : $100,000 or so much thereof as may be
necessary, to be appropriated from the state treasury.

LOCAL 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
________________________________________________________________________

                                   116

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the education law and the public health law, in relation
  to requiring  cultural  awareness  and  competence  training  for  all
  medical  professionals; to amend the public health law, in relation to
  a public health education program; and making an appropriation  there-
  for

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

  Section 1. The education law is amended by adding a new section 6505-d
to read as follows:
  S 6505-D. COURSE WORK OR TRAINING IN  CULTURAL  AWARENESS  AND  COMPE-
TENCE.  1.  EVERY  PHYSICIAN,  PHYSICIAN  ASSISTANT, DENTIST, REGISTERED
NURSE, LICENSED PRACTICAL  NURSE,  PODIATRIST,  OPTOMETRIST  AND  DENTAL
HYGIENIST  PRACTICING  IN  THE STATE SHALL, ON OR BEFORE JULY FIRST, TWO
THOUSAND SEVENTEEN AND EVERY TWO YEARS THEREAFTER, COMPLETE COURSE  WORK
OR  TRAINING  APPROPRIATE TO THE PROFESSIONAL'S PRACTICE APPROVED BY THE
DEPARTMENT REGARDING CULTURAL AWARENESS AND COMPETENCE IN  THE  NON-DIS-
CRIMINATORY PROVISION OF MEDICAL SERVICES, IN ACCORDANCE WITH REGULATORY
STANDARDS  PROMULGATED  BY  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE
DEPARTMENT OF HEALTH. THE DEPARTMENT SHALL ALSO CONSULT  WITH  ORGANIZA-
TIONS  REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPER-
TISE IN CULTURAL AWARENESS AND COMPETENCE WITH RESPECT TO THE REGULATORY
STANDARDS PROMULGATED PURSUANT TO THIS SECTION.
  2. EACH SUCH PROFESSIONAL SHALL DOCUMENT TO THE DEPARTMENT AT THE TIME
OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST,
TWO THOUSAND SEVENTEEN THAT THE PROFESSIONAL HAS COMPLETED  COURSE  WORK
OR  TRAINING  IN ACCORDANCE WITH THIS SECTION, PROVIDED, HOWEVER, THAT A
PROFESSIONAL SUBJECT TO THE PROVISIONS OF PARAGRAPH (F)  OF  SUBDIVISION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01273-01-5

S. 116                              2

ONE  OF  SECTION  TWENTY-EIGHT  HUNDRED  FIVE-K OF THE PUBLIC HEALTH LAW
SHALL NOT BE REQUIRED TO SO DOCUMENT.
  3.  THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
ANYONE WHO REQUESTS SUCH AN EXEMPTION AND WHO (I)  CLEARLY  DEMONSTRATES
TO  THE DEPARTMENT'S SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR
HER TO COMPLETE SUCH COURSE WORK OR TRAINING BECAUSE OF  THE  NATURE  OF
HIS  OR HER PRACTICE OR (II) THAT HE OR SHE HAS COMPLETED COURSE WORK OR
TRAINING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT TO THE COURSE WORK OR
TRAINING APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION.
  S 2. Paragraph (f) of subdivision 1 of section 2805-k  of  the  public
health law, as amended by chapter 477 of the laws of 2008, is amended to
read as follows:
  (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
completed the course work or training as mandated by section two hundred
thirty-nine of this chapter or section six thousand five hundred  five-b
of  the education law OR SECTION SIX THOUSAND FIVE HUNDRED FIVE-D OF THE
EDUCATION LAW.  A hospital or facility shall not grant or renew  profes-
sional  privileges or association to a physician, dentist, or podiatrist
who has not completed such course work or training.
  S 3. Section 206 of the public health law is amended by adding  a  new
subdivision 29 to read as follows:
  29.  THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP AND IMPLE-
MENT A STATEWIDE, COMMUNITY-BASED PUBLIC  HEALTH  EDUCATION  PROGRAM  TO
REDUCE  THE  ROOT  CAUSES  OF  DISPARITIES IN MINORITY HEALTH CARE. SUCH
EDUCATION PROGRAM SHALL BE AIMED AT HEALTH CARE PROFESSIONALS,  PATIENTS
AND  PATIENT  ADVOCATES. THE COMMISSIONER AND THE DEPARTMENT MAY CONSULT
WITH THE APPROPRIATE PROFESSIONALS IN DEVELOPING AND IMPLEMENTING SUCH A
PROGRAM. THE COMMISSIONER SHALL ADMINISTER ANY STATE FUNDS  APPROPRIATED
FOR SUCH HEALTH EDUCATION PROGRAM.
  S  4.  The  sum of one hundred thousand dollars ($100,000), or so much
thereof as may be necessary, is hereby appropriated to the department of
health out of any moneys in the state treasury in the  general  fund  to
the  credit  of  the state purposes account, not otherwise appropriated,
and made immediately available, for such purpose  of  carrying  out  the
provisions of section three of this act. Such moneys shall be payable on
the  audit  and  warrant  of  the  comptroller  on vouchers certified or
approved by the commissioner of health, or his or  her  duly  designated
representative  in the manner prescribed by law. No expenditure shall be
made from this appropriation until a certificate of approval  of  avail-
ability  shall  have been issued by the director of the budget and filed
with the state comptroller and a copy filed with  the  chairman  of  the
senate finance committee and the chairman of the assembly ways and means
committee.  Such  certificate  may  be  amended from time to time by the
director of the budget and a copy of each such amendment shall be  filed
with the state comptroller, the chairman of the senate finance committee
and the chairman of the assembly ways and means committee.
  S 5. This act shall take effect immediately.

Co-Sponsors

S116A - Bill Details

See Assembly Version of this Bill:
A6679
Current Committee:
Law Section:
Appropriations
Laws Affected:
Add §6505-d, Ed L; amd §§2805-k & 206, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S793A, A2471A
2011-2012: S118A, A1434A
2009-2010: S3129, A8843

S116A - Bill Texts

view summary

Requires cultural awareness and competence training for all medical professionals as part of their licensing requirements; requires biennial training in the non-discriminatory provision of medical services for physicians, physician assistants, dentists, dental hygienists, registered and licensed practical nurses, podiatrists, and optometrists; authorizes the department of education to develop the training in consultation with the department of health and other experts; provides for documentation and exemption from the requirements; provides for a public education program on minority health; appropriates $100,000 therefor.

view sponsor memo
BILL NUMBER: S116A

TITLE OF BILL : An act to amend the education law and the public
health law, in relation to requiring cultural awareness and competence
training for all medical professionals; to amend the public health
law, in relation to a public health education program; and making an
appropriation therefor

PURPOSE : To require cultural awareness and competence training for
all medical professionals as part of their licensing requirements;
creates a public education program; provides for an appropriation.

SUMMARY OF PROVISIONS :

Section 1. Amends the education law by adding a new section 6505-d.
Requires every physician, physician assistant, dentist, registered
nurse, licensed practical nurse, podiatrist, optometrist and dental
hygienist practicing in the state to complete on or before July first,
2017 and every two years thereafter, course work or training
appropriate to the professional's practice approved by the department
regarding cultural awareness and competence in the nondiscriminatory
provision of medical services. Requires each medical professional to
document that he or she has completed the required course work.
Provides an exemption for those medical professionals who request such
an exemption and who can clearly document to the satisfaction of the
department that there is no need for the professional to complete the
required coursework.

Section 2. Amends the Public Health Law, section 2805-k (1) (f).
Requires physicians, dentists or podiatrists to document the
completion of cultural awareness and competency training. Prohibits
hospitals or facilities from granting or renewing professional
privileges if such medical professional has not completed the required
training.

Section 3. Amends the Public Health Law section 206 of by adding a new
subdivision 29. Authorizes the Commissioner of Health to develop and
implement a statewide, community-based public health education program
to reduce disparities in minority health care.

Section 4. Appropriation

Section 5. Effective Date

EXISTING LAW : None

JUSTIFICATION : The Office of Minority Health and Health Disparities
in the U S. Centers of Disease Control (CDC) reports that:

o Even though the Nation's infant mortality rate is down, the infant
death rate among African Americans is still more than double that of
whites;

o Hispanics living in the United States are almost twice as likely to
die from diabetes than non-Hispanic whites; and,

o American Indians and Alaska Natives suffer from diabetes at more
than twice the rate of whites.

According to the New York State Department of Health "Health
disparities are deep and pervasive in New York State, as they are in
almost every state in the nation. Some racial and ethnic minority
groups, people with low incomes and/or language barriers, people who
live in underserved communities, and many others have poorer health
from birth (e.g., infant mortality) to death (e.g., premature deaths).
Across the lifespan, they suffer higher rates of disease and
disability. And these problems begin early, adding to the erosion of
opportunity for children who often face a constellation of other
social and economic challenges. As a result, disparities have a
devastating human and economic impact on the state."

Health Disparities in New York City: Minding the Gap (2010 New York
City Department of Health and Mental Hygiene) reported that:

o Death rates are almost 30% higher in the poorest New York City
neighborhoods than in wealthier neighborhoods

o Blacks and whites in the poorest neighborhoods die at higher rates
than their counterparts living in richer neighborhoods

o Black, Hispanic and Asian New Yorkers are more likely to die
prematurely than whites, regardless of neighborhood income

o Gaps in death rates between blacks and whites vary by cause of death
and neighborhood income

Evidence suggests that a more culturally competent health workforce is
one way to address problems associated with health care disparities by
improving access to care. The Agency for Healthcare Research and
Quality likewise reported "that a lack of attention to cultural issues
reacts to less than optimal care and addressing these concerns or
using certain cultural competence interventions leads to improved
outcomes." Washington, New Jersey, California are among the states
that currently require cultural awareness and competency training for
its healthcare workforce.

This bill addresses the problems associated with health care
disparities by requiring medical professionals to complete required
course work in cultural awareness and competency training as part of
their licensing requirements.

LEGISLATIVE HISTORY : 2014: S.793A - Amend and Recommit to
Finance/A.2417A - Amend and Recommit to Higher Education
2013: S.793 - Referred to Finance/A.2417 - Referred to Higher
Education
2012: S.118-A-Amended and recommit to Health/ A.1434 - A- Amended and
recommit to Higher Education
2011: S.118 - Notice of Committee Consideration Requested, Committee
Discharged and Committed to Health/A.1434 - Referred to Higher
Education
2009-10: S.3129 - Referred to Higher Education/A.8843 - Referred to
Higher Education 2007-08: S.765 - Referred to Finance

FISCAL IMPLICATIONS : $100,000 or so much thereof as may be
necessary, to be appropriated from the state treasury.

LOCAL FISCAL IMPLICATIONS : None.

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

                                 116--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. DIAZ, PERKINS -- read twice and ordered printed, and
  when  printed to be committed to the Committee on Finance -- recommit-
  ted to the Committee on Finance 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 education law and the public health law, in relation
  to  requiring  cultural  awareness  and  competence  training  for all
  medical professionals; to amend the public health law, in relation  to
  a  public health education program; and making an appropriation there-
  for

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

  Section 1. The education law is amended by adding a new section 6505-d
to read as follows:
  S  6505-D.  COURSE  WORK  OR TRAINING IN CULTURAL AWARENESS AND COMPE-
TENCE. 1. EVERY  PHYSICIAN,  PHYSICIAN  ASSISTANT,  DENTIST,  REGISTERED
NURSE,  LICENSED  PRACTICAL  NURSE,  PODIATRIST,  OPTOMETRIST AND DENTAL
HYGIENIST PRACTICING IN THE STATE SHALL, ON OR BEFORE  JULY  FIRST,  TWO
THOUSAND  EIGHTEEN  AND EVERY TWO YEARS THEREAFTER, COMPLETE COURSE WORK
OR TRAINING APPROPRIATE TO THE PROFESSIONAL'S PRACTICE APPROVED  BY  THE
DEPARTMENT  REGARDING  CULTURAL AWARENESS AND COMPETENCE IN THE NON-DIS-
CRIMINATORY PROVISION OF MEDICAL SERVICES, IN ACCORDANCE WITH REGULATORY
STANDARDS PROMULGATED  BY  THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE
DEPARTMENT  OF  HEALTH. THE DEPARTMENT SHALL ALSO CONSULT WITH ORGANIZA-
TIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH  EXPER-
TISE IN CULTURAL AWARENESS AND COMPETENCE WITH RESPECT TO THE REGULATORY
STANDARDS PROMULGATED PURSUANT TO THIS SECTION.
  2. EACH SUCH PROFESSIONAL SHALL DOCUMENT TO THE DEPARTMENT AT THE TIME
OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST,
TWO THOUSAND EIGHTEEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01273-02-6

S. 116--A                           2

TRAINING  IN  ACCORDANCE  WITH  THIS  SECTION, PROVIDED, HOWEVER, THAT A
PROFESSIONAL SUBJECT TO THE PROVISIONS OF PARAGRAPH (F)  OF  SUBDIVISION
ONE  OF  SECTION  TWENTY-EIGHT  HUNDRED  FIVE-K OF THE PUBLIC HEALTH LAW
SHALL NOT BE REQUIRED TO SO DOCUMENT.
  3.  THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
ANYONE WHO REQUESTS SUCH AN EXEMPTION AND WHO (I)  CLEARLY  DEMONSTRATES
TO  THE DEPARTMENT'S SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR
HER TO COMPLETE SUCH COURSE WORK OR TRAINING BECAUSE OF  THE  NATURE  OF
HIS  OR HER PRACTICE OR (II) THAT HE OR SHE HAS COMPLETED COURSE WORK OR
TRAINING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT TO THE COURSE WORK OR
TRAINING APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION.
  S 2. Paragraph (f) of subdivision 1 of section 2805-k  of  the  public
health law, as amended by chapter 477 of the laws of 2008, is amended to
read as follows:
  (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
completed the course work or training as mandated by section two hundred
thirty-nine of this chapter or section six thousand five hundred  five-b
of  the education law OR SECTION SIX THOUSAND FIVE HUNDRED FIVE-D OF THE
EDUCATION LAW.  A hospital or facility shall not grant or renew  profes-
sional  privileges or association to a physician, dentist, or podiatrist
who has not completed such course work or training.
  S 3. Section 206 of the public health law is amended by adding  a  new
subdivision 30 to read as follows:
  30.  THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP AND IMPLE-
MENT A STATEWIDE, COMMUNITY-BASED PUBLIC  HEALTH  EDUCATION  PROGRAM  TO
REDUCE  THE  ROOT  CAUSES  OF  DISPARITIES IN MINORITY HEALTH CARE. SUCH
EDUCATION PROGRAM SHALL BE AIMED AT HEALTH CARE PROFESSIONALS,  PATIENTS
AND  PATIENT  ADVOCATES. THE COMMISSIONER AND THE DEPARTMENT MAY CONSULT
WITH THE APPROPRIATE PROFESSIONALS IN DEVELOPING AND IMPLEMENTING SUCH A
PROGRAM. THE COMMISSIONER SHALL ADMINISTER ANY STATE FUNDS  APPROPRIATED
FOR SUCH HEALTH EDUCATION PROGRAM.
  S  4.  The  sum of one hundred thousand dollars ($100,000), or so much
thereof as may be necessary, is hereby appropriated to the department of
health out of any moneys in the state treasury in the  general  fund  to
the  credit  of  the state purposes account, not otherwise appropriated,
and made immediately available, for such purpose  of  carrying  out  the
provisions of section three of this act. Such moneys shall be payable on
the  audit  and  warrant  of  the  comptroller  on vouchers certified or
approved by the commissioner of health, or his or  her  duly  designated
representative  in the manner prescribed by law. No expenditure shall be
made from this appropriation until a certificate of approval  of  avail-
ability  shall  have been issued by the director of the budget and filed
with the state comptroller and a copy filed with  the  chairman  of  the
senate finance committee and the chairman of the assembly ways and means
committee.  Such  certificate  may  be  amended from time to time by the
director of the budget and a copy of each such amendment shall be  filed
with the state comptroller, the chairman of the senate finance committee
and the chairman of the assembly ways and means committee.
  S 5. This act shall take effect immediately.

senate Bill S111

2015-2016 Legislative Session

Prohibits a member of the legislature from engaging in any outside paid activity during his or her term of office

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 20, 2016 print number 111a
amend and recommit to investigations and government operations
Jan 06, 2016 referred to investigations and government operations
Apr 28, 2015 defeated in investigations and government operations
Mar 20, 2015 notice of committee consideration - requested
Jan 07, 2015 referred to investigations and government operations

Bill Amendments

S111
S111A
S111
S111A

Co-Sponsors

S111 - Bill Details

Current Committee:
Law Section:
Legislative Law
Laws Affected:
Add §2-a, Leg L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S384A
2011-2012: S284A
2009-2010: S3149

S111 - Bill Texts

view summary

Prohibits a member of the legislature from engaging in any outside paid activity during his or her term of office.

view sponsor memo
BILL NUMBER: S111

TITLE OF BILL : An act to amend the legislative law, in relation to
prohibiting outside work by a legislator during the term of office

PURPOSE OR GENERAL IDEA OF BILL : Prohibits a member of the
legislature from engaging in any outside paid activity during his or
her term of office.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the Legislative Law by adding a new section 2-a.
Prohibits members of the legislature from engaging in outside activity
for remuneration during his or her term of office.

EXISTING LAW : None

JUSTIFICATION : How much transparency should be demanded by the
people of their representatives? As long as we allow legislators to
hold outside business interests, there is a potential that these
outside business interests could one day cause a serious conflict of
interest, or at least in the public's eye, the perception of one. This
bill prohibits members of the legislature from engaging in any outside
paid activity during their term of office. The public has a right to
know that his or her Senator or Assemblyperson is not beholden to
outside financial pressures. The best way to limit legislators'
outside income is to eliminate it.

PRIOR LEGISLATIVE HISTORY : 2014: S.384A - Amend and Recommit to
Investigations & Government Operations
2013: S.384: Referred to Investigations & Government Operations
2012: S.284-A- Amend and recommit to Investigations & Government
Operations
2011: S.284 - Defeated in Investigations & Government Operations
2009-10: S.3149 - Referred to Investigations & Government
Operations/A.4704 - Held for consideration in Governmental Operations

FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE : January 1, 2017
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   111

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DIAZ  --  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 legislative law, in relation to prohibiting  outside
  work by a legislator during the term of office

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

  Section 1. The legislative law is amended by adding a new section  2-a
to read as follows:
  S 2-A. MEMBERS PROHIBITED FROM ENGAGING IN OUTSIDE ACTIVITY FOR REMUN-
ERATION  WHILE IN OFFICE. NO MEMBER OF THE LEGISLATURE, EITHER SENATE OR
ASSEMBLY, SHALL ENGAGE IN ANY OUTSIDE ACTIVITY FOR REMUNERATION  OF  ANY
KIND DURING HIS OR HER TERM OF OFFICE.
  S 2. This act shall take effect January 1, 2017.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00589-01-5

Co-Sponsors

S111A - Bill Details

Current Committee:
Law Section:
Legislative Law
Laws Affected:
Add §2-a, Leg L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S384A
2011-2012: S284A
2009-2010: S3149

S111A - Bill Texts

view summary

Prohibits a member of the legislature from engaging in any outside paid activity during his or her term of office.

view sponsor memo
BILL NUMBER: S111A

TITLE OF BILL : An act to amend the legislative law, in relation to
prohibiting outside work by a legislator during the term of office

PURPOSE OR GENERAL IDEA OF BILL : Prohibits a member of the
legislature from engaging in any outside paid activity during his or
her term of office.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the Legislative Law by adding a new section 2-a.
Prohibits members of the legislature from engaging in outside activity
for remuneration during his or her term of office.

EXISTING LAW : None

JUSTIFICATION : How much transparency should be demanded by the
people of their representatives? As long as we allow legislators to
hold outside business interests, there is a potential that these
outside business interests could one day cause a serious conflict of
interest, or at least in the public's eye, the perception of one. This
bill prohibits members of the legislature from engaging in any outside
paid activity during their term of office. The public has a right to
know that his or her Senator or Assemblyperson is not beholden to
outside financial pressures. The best way to limit legislators'
outside income is to eliminate it.

PRIOR LEGISLATIVE HISTORY : 2014: S.384A - Amend and Recommit to
Investigations & Government Operations
2013: S.384: Referred to Investigations & Government Operations
2012: S.284-A- Amend and recommit to Investigations & Government
Operations
2011: S.284 - Defeated in Investigations & Government Operations
2009-10: S.3149 - Referred to Investigations & Government
Operations/A.4704 - Held for consideration in Governmental Operations

FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE : January 1, 2018
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 111--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens. DIAZ, ESPAILLAT, LATIMER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations and Government Operations -- recommitted to the  Committee  on
  Investigations  and  Government  Operations  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 legislative law, in relation to prohibiting outside
  work by a legislator during the term of office

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

  Section  1. The legislative law is amended by adding a new section 2-a
to read as follows:
  S 2-A. MEMBERS PROHIBITED FROM ENGAGING IN OUTSIDE ACTIVITY FOR REMUN-
ERATION WHILE IN OFFICE. NO MEMBER OF THE LEGISLATURE, EITHER SENATE  OR
ASSEMBLY,  SHALL  ENGAGE IN ANY OUTSIDE ACTIVITY FOR REMUNERATION OF ANY
KIND DURING HIS OR HER TERM OF OFFICE.
  S 2. This act shall take effect January 1, 2018.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00589-02-6

senate Bill S109

2015-2016 Legislative Session

Establishes certain offenses relating to structuring and money laundering

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 15, 2016 print number 109a
amend and recommit to codes
Jan 06, 2016 referred to codes
Jan 07, 2015 referred to codes

Bill Amendments

S109
S109A
S109
S109A

S109 - Bill Details

See Assembly Version of this Bill:
A5642
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§470.00, 470.03, 470.25 & 460.10, add §§470.30 - 470.33, Pen L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S7529
2015-2016: S109

S109 - Bill Texts

view summary

Establishes certain offenses relating to structuring and money laundering.

view sponsor memo
BILL NUMBER: S109

TITLE OF BILL : An act to amend the penal law, in relation to
establishing certain offenses relating to structuring and money
laundering

PURPOSE OR GENERAL IDEA OF BILL : Establishes the crimes of
structuring in the second and first degrees and criminal monetary
transaction in the second and first degrees.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends section 470.00 of the penal law by adding three new
subdivisions 11, 12, and 13. Subdivision 11 defines the term
"structures" for the purposes of sections 470.30 and 470.31 of the
penal law. Subdivision 12 defines the term "monetary transaction".
Subdivision 13 defines the term "property derived from specified
criminal conduct".

Section 2 adds four new sections to the penal law: 470.30, 470.31,
470.32, and 470.33. Section 470.30 establishes the crime of
structuring in the second degree, and provides that it shall be
considered a class E felony. Section 470.31 establishes the crime of
structuring in the first degree, and provides that it shall be a class
D felony. Section 470.32 establishes the crime of criminal monetary
transaction in the second degree, and provides that it shall be a
class E felony. Section 470.33 establishes the crime of criminal
monetary transaction in the first degree, and provides that it shall
be a class D felony.

Section 3 amends subdivision 3 of section 470.03 of the penal law to
provide that monetary transactions may be considered together and the
value of the property derived from specified criminal conduct may be
aggregated, provided that the monetary transactions are all part of a
single "criminal transaction" as defined in subdivision two of section
40.10 of the criminal procedure law. It also provides that nothing in
section 470.32 or section 470.33 shall make it unlawful to return
funds held in escrow, under certain conditions.

Section 4 amends section 470.25 of the penal law to add criminal
monetary transactions to the section on money laundering and fines and
provides a fine structure for persons convicted of a criminal monetary
transaction.

Section 5 amends paragraph (a) of subdivision 1 of section 460.10 of
the penal law to add structuring and money laundering.

Section 6 provides that the act shall take effect on the first of
November next succeeding the date upon which this act shall have
become a law.

JUSTIFICATION : This legislation is necessary to provide law
enforcement with a tool to prosecute those who attempt to evade
federal reporting requirements by making deposits in amounts just
under the minimum threshold of $10,000 required for banks to file a
currency transaction report. This is a strategy often employed by
money launderers and tax evaders to avoid scrutiny of their funds.

According to a report released by the New York State White Collar
Crime Task Force, "prosecutors would often be able to show the intent
to evade a filing requirement... but it is usually quite difficult
under current law to prove that a defendant who structures
transactions also intended to commit an existing penal offense, such
as tax fraud or money laundering, sufficient to charge them as an
accomplice or co-conspirator."

This legislation creates the crime of "structuring", which would allow
prosecutors to charge a person with structuring deposits to avoid
reporting requirements without the burden of proof that a defendant
had committed further crimes.

This legislation also creates the crime of "criminal monetary
transaction", which, according to the New York State White Collar
Crime Task Force report, would prohibit large-scale transactions
knowingly involving "criminally derived property". This would cover
the individuals who knowingly committed a crime and then spent money
gained through criminal activity in a transaction, and would also
cover "merchants and financial institutions that knowingly receive
tainted funds in the course of ordinary commercial activity", as long
as the transaction is in excess of $10, 000.

PRIOR LEGISLATIVE HISTORY : S.7529 of 2014 (Hoylman): Died in Codes

FISCAL IMPLICATIONS: : None to the state.

EFFECTIVE DATE :
Section 6 provides that the act shall take effect on the first of
November next succeeding the date upon which this act shall have
become a law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   109

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the penal  law,  in  relation  to  establishing  certain
  offenses relating to structuring and money laundering

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

  Section 1. Section 470.00 of the penal law is amended by adding  three
new subdivisions 11, 12 and 13 to read as follows:
  11.  "STRUCTURES"  FOR  PURPOSES OF SECTIONS 470.30 AND 470.31 OF THIS
ARTICLE, A PERSON STRUCTURES A TRANSACTION  WHEN,  WITH  THE  INTENT  TO
EVADE  ANY REPORTING REQUIREMENT UNDER THE NEW YORK STATE BANKING LAW OR
31 U.S.C. SS 5311 THROUGH 5326, OR ANY REGULATION PRESCRIBED THEREUNDER,
HE OR SHE CONDUCTS OR ATTEMPTS TO CONDUCT ONE  OR  MORE  RELATED  TRANS-
ACTIONS  IN  CURRENCY,  IN ANY AMOUNT, WITH ONE OR MORE FINANCIAL INSTI-
TUTIONS, ON ONE OR MORE DAYS. STRUCTURING INCLUDES, BUT IS  NOT  LIMITED
TO, THE BREAKING DOWN OF A SINGLE SUM OF CURRENCY EXCEEDING TEN THOUSAND
DOLLARS  INTO  SMALLER  SUMS,  INCLUDING  SUMS  AT OR BELOW TEN THOUSAND
DOLLARS, OR THE CONDUCT OF A TRANSACTION, OR SERIES OF  CURRENCY  TRANS-
ACTIONS,  INCLUDING  TRANSACTIONS  AT OR BELOW TEN THOUSAND DOLLARS. THE
TRANSACTION OR TRANSACTIONS NEED NOT  EXCEED  THE  TEN  THOUSAND  DOLLAR
REPORTING THRESHOLD AT ANY SINGLE FINANCIAL INSTITUTION OR ON ANY SINGLE
DAY IN ORDER TO CONSTITUTE STRUCTURING.
  12.  "MONETARY  TRANSACTION"  MEANS  A  DEPOSIT,  WITHDRAWAL, TRANSFER
BETWEEN ACCOUNTS, EXCHANGE  OF  CURRENCY,  LOAN,  EXTENSION  OF  CREDIT,
PURCHASE  OR  SALE  OF ANY STOCK, BOND, CERTIFICATE OF DEPOSIT, OR OTHER
MONETARY INSTRUMENT, USE OF A SAFE DEPOSIT BOX, OR  ANY  OTHER  PAYMENT,
TRANSFER,  OR  DELIVERY  BY,  THROUGH, OR TO A FINANCIAL INSTITUTION, BY
WHATEVER MEANS EFFECTED, EXCEPT THAT "MONETARY  TRANSACTION"  SHALL  NOT
INCLUDE  ANY  TRANSACTION  INVOLVING BONA FIDE PAYMENTS TO ATTORNEYS FOR
LEGAL SERVICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01867-01-5

S. 109                              2

  13. "PROPERTY DERIVED FROM SPECIFIED CRIMINAL CONDUCT" MEANS ANY PROP-
ERTY CONSTITUTING, OR  DERIVED  FROM,  PROCEEDS  OF  SPECIFIED  CRIMINAL
CONDUCT, AND NEED NOT EXCLUSIVELY CONSTITUTE OR BE DERIVED FROM PROCEEDS
OF SPECIFIED CRIMINAL CONDUCT.
  S  2.  The  penal  law  is amended by adding four new sections 470.30,
470.31, 470.32 and 470.33 to read as follows:
S 470.30 STRUCTURING IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF STRUCTURING IN THE SECOND DEGREE WHEN, WITH  THE
INTENT TO EVADE ANY REPORTING REQUIREMENT UNDER THE NEW YORK STATE BANK-
ING  LAW OR 31 U.S.C. SS 5311 THROUGH 5326, OR ANY REGULATION PRESCRIBED
THEREUNDER, HE OR SHE STRUCTURES ONE OR MORE TRANSACTIONS.
  STRUCTURING IN THE SECOND DEGREE IS A CLASS E FELONY.
S 470.31 STRUCTURING IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF STRUCTURING IN THE FIRST DEGREE WHEN HE  OR  SHE
COMMITS  THE  CRIME  OF  STRUCTURING  IN  THE SECOND DEGREE AND: (1) THE
CONDUCT IS COMMITTED WITH AN INTENT TO COMMIT ANOTHER CRIME OR TO AID OR
CONCEAL THE COMMISSION OF ANOTHER CRIME; OR (2) THE AGGREGATE  VALUE  OF
THE  CURRENCY  REPORTED  OR  THE CURRENCY THAT SHOULD HAVE BEEN REPORTED
EXCEEDS ONE HUNDRED THOUSAND DOLLARS IN ANY TWELVE-MONTH PERIOD.
  STRUCTURING IN THE FIRST DEGREE IS A CLASS D FELONY.
S 470.32 CRIMINAL MONETARY TRANSACTION IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF ENGAGING IN A CRIMINAL MONETARY  TRANSACTION  IN
THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY ENGAGES OR ATTEMPTS TO ENGAGE
IN A MONETARY TRANSACTION IN PROPERTY DERIVED FROM CRIMINAL CONDUCT WITH
A VALUE GREATER THAN TWENTY THOUSAND DOLLARS AND THE PROPERTY IS DERIVED
FROM SPECIFIED CRIMINAL CONDUCT.
  CRIMINAL  MONETARY TRANSACTION IN THE SECOND DEGREE IS A CLASS E FELO-
NY.
S 470.33 CRIMINAL MONETARY TRANSACTION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF ENGAGING IN A CRIMINAL MONETARY  TRANSACTION  IN
THE  FIRST DEGREE WHEN HE OR SHE KNOWINGLY ENGAGES OR ATTEMPTS TO ENGAGE
IN A MONETARY TRANSACTION IN PROPERTY DERIVED FROM CRIMINAL CONDUCT WITH
A VALUE GREATER THAN SIXTY THOUSAND DOLLARS AND THE PROPERTY IS  DERIVED
FROM SPECIFIED CRIMINAL CONDUCT.
  CRIMINAL MONETARY TRANSACTION IN THE FIRST DEGREE IS A CLASS D FELONY.
  S  3.  Subdivision 3 of section 470.03 of the penal law, as amended by
section 17 of part A of chapter 1 of the laws of  2004,  is  amended  to
read as follows:
  3.  FOR  PURPOSES OF SECTIONS 470.32 AND 470.33 OF THIS ARTICLE, MONE-
TARY TRANSACTIONS MAY BE CONSIDERED TOGETHER AND THE VALUE OF THE  PROP-
ERTY DERIVED FROM SPECIFIED CRIMINAL CONDUCT MAY BE AGGREGATED, PROVIDED
THAT THE MONETARY TRANSACTIONS ARE ALL PART OF A SINGLE "CRIMINAL TRANS-
ACTION"  AS  DEFINED IN SUBDIVISION TWO OF SECTION 40.10 OF THE CRIMINAL
PROCEDURE LAW.
  4. Nothing in sections 470.05,  470.21,  470.22,  470.23  and  470.24;
paragraph  (b)  of subdivision one, paragraph (b) of subdivision two and
paragraph (b) of subdivision three of section 470.10; paragraph  (b)  of
subdivision  one,  paragraph (b) of subdivision two and paragraph (b) of
subdivision three of section 470.15; [or] paragraph (b)  of  subdivision
one  and  paragraph (b) of subdivision two of section 470.20; OR SECTION
470.32 OR SECTION 470.33 of this  article  shall  make  it  unlawful  to
return funds held in escrow:
  (a)  as  a portion of a purchase price for real property pursuant to a
contract of sale; or

S. 109                              3

  (b) to satisfy the tax or other lawful obligations arising out  of  an
administrative or judicial proceeding concerning the person who provided
the escrow funds.
  S 4. Section 470.25 of the penal law, as amended by chapter 489 of the
laws of 2000, is amended to read as follows:
S 470.25 Money laundering AND CRIMINAL MONETARY TRANSACTIONS; fines.
  1.  Any  person  convicted  of  a violation of section 470.05, 470.10,
470.15, or 470.20 of this article may be sentenced to pay a fine not  in
excess  of two times the value of the monetary instruments which are the
proceeds of specified criminal activity. When a fine is imposed pursuant
to this subdivision, the court shall make a finding as to the  value  of
such  monetary instrument or instruments. If the record does not contain
sufficient evidence to support such a finding the court  may  conduct  a
hearing upon the issue. In imposing a fine, the court shall consider the
seriousness of the conduct, whether the amount of the fine is dispropor-
tionate  to  the  conduct in which he engaged, its impact on victims, as
well as the economic circumstances of the  convicted  person,  including
the effect of the imposition of such a fine upon his immediate family.
  2.  ANY PERSON CONVICTED OF A VIOLATION OF SECTION 470.32 OR 470.33 OF
THIS ARTICLE MAY BE SENTENCED TO PAY A FINE NOT IN EXCESS OF  TWO  TIMES
THE VALUE OF THE MONETARY TRANSACTION WHICH IS THE PROCEEDS OF SPECIFIED
CRIMINAL  CONDUCT.  WHEN A FINE IS IMPOSED PURSUANT TO THIS SUBDIVISION,
THE COURT SHALL MAKE A FINDING AS TO THE VALUE OF SUCH  MONETARY  TRANS-
ACTION.  IF  THE  RECORD DOES NOT CONTAIN SUFFICIENT EVIDENCE TO SUPPORT
SUCH A FINDING THE COURT MAY CONDUCT A HEARING UPON THE ISSUE. IN IMPOS-
ING A FINE, THE COURT SHALL CONSIDER THE  SERIOUSNESS  OF  THE  CONDUCT,
WHETHER  THE  AMOUNT  OF  THE FINE IS DISPROPORTIONATE TO THE CONDUCT IN
WHICH HE ENGAGED, ITS IMPACT ON VICTIMS, AS WELL AS THE ECONOMIC CIRCUM-
STANCES OF THE CONVICTED PERSON, INCLUDING THE EFFECT OF THE  IMPOSITION
OF SUCH A FINE UPON HIS IMMEDIATE FAMILY.
  3.  The  imposition  of  a  fine  pursuant  to subdivision one of this
section or paragraph b of subdivision one of section 80.00 of this chap-
ter, shall preclude the imposition of any other  order  or  judgment  of
forfeiture or fine based upon the same criminal conduct.
  S  5.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 37 of the laws of 2014, is amended to read as
follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; section 135.35 relating  to  labor  traf-
ficking;  section  135.65  relating to coercion; sections 140.20, 140.25
and 140.30 relating to burglary;  sections  145.05,  145.10  and  145.12
relating  to  criminal  mischief;  article one hundred fifty relating to
arson; sections 155.30, 155.35, 155.40  and  155.42  relating  to  grand
larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred  sixty  relating  to  robbery;  sections
165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark  coun-
terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
to criminal diversion of  prescription  medications  and  prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,

S. 109                              4

200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
215.00, 215.05 and 215.19 RELATING TO BRIBERY; sections 187.10,  187.15,
187.20  and  187.25  relating  to  residential  mortgage fraud, sections
190.40 and 190.42 relating to criminal usury; section 190.65 relating to
schemes  to  defraud; any felony defined in article four hundred ninety-
six; sections 205.60  and  205.65  relating  to  hindering  prosecution;
sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
section 215.40 relating to tampering with  physical  evidence;  sections
220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
substances; sections 225.10 and 225.20 relating  to  gambling;  sections
230.25,  230.30,  and 230.32 relating to promoting prostitution; section
230.34 relating to sex trafficking; sections 235.06, 235.07, 235.21  and
235.22  relating  to  obscenity;  sections 263.10 and 263.15 relating to
promoting a sexual performance by  a  child;  sections  265.02,  265.03,
265.04,  265.11,  265.12,  265.13  and  the provisions of section 265.10
which constitute a felony relating to firearms and other dangerous weap-
ons; sections 265.14 and 265.16 relating to criminal sale of a  firearm;
section  275.10,  275.20,  275.30,  or  275.40  relating to unauthorized
recordings; and sections 470.05, 470.10, 470.15 and 470.20  relating  to
money  laundering;  SECTIONS  470.30 AND 470.31 RELATING TO STRUCTURING;
AND SECTIONS 470.32 AND 470.33  RELATING  TO  CRIMINAL  MONETARY  TRANS-
ACTIONS; or
  S 6. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

S109A - Bill Details

See Assembly Version of this Bill:
A5642
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§470.00, 470.03, 470.25 & 460.10, add §§470.30 - 470.33, Pen L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S7529
2015-2016: S109

S109A - Bill Texts

view summary

Establishes certain offenses relating to structuring and money laundering.

view sponsor memo
BILL NUMBER: S109A

TITLE OF BILL :

An act to amend the penal law, in relation to establishing certain
offenses relating to structuring and money laundering

PURPOSE OR GENERAL IDEA OF BILL :

Establishes the crimes of structuring in the second and first degrees
and criminal monetary transaction in the second and first degrees.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends section 470.00 of the penal law by adding three new
subdivisions 11, 12, and 13. Subdivision 11 defines the term
"structures" for the purposes of sections 470.30 and 470.31 of the
penal law. Subdivision 12 defines the term "monetary transaction".
Subdivision 13 defines the term "property derived from specified
criminal conduct".

Section 2 adds four new sections to the penal law: 470.30, 470.31,
470.32, and 470.33. Section 470.30 establishes the crime of
structuring in the second degree, and provides that it shall be
considered a class E felony. Section 470.31 establishes the crime of
structuring in the first degree, and provides that it shall be a class
D felony. Section 470.32 establishes the crime of criminal monetary
transaction in the second degree, and provides that it shall be a
class E felony. Section 470.33 establishes the crime of criminal
monetary transaction in the first degree, and provides that it shall
be a class D felony.

Section 3 amends subdivision 3 of section 470.03 of the penal law to
provide that monetary transactions may be considered together and the
value of the property derived from specified criminal conduct may be
aggregated, provided that the monetary transactions are all part of a
single "criminal transaction" as defined in subdivision two of section
40.10 of the criminal procedure law. It also provides that nothing in
section 470.32 or section 470.33 shall make it unlawful to return
funds held in escrow, under certain conditions.

Section 4 amends section 470.25 of the penal law to add criminal
monetary transactions to the section on money laundering and fines and
provides a fine structure for persons convicted of a criminal monetary
transaction.

Section 5 amends paragraph (a) of subdivision 1 of section 460.10 of
the penal law to add structuring and money laundering.

Section 6 provides that the act shall take effect on the first of
November next succeeding the date upon which this act shall have
become a law; provided, however, that if chapter 368 of the laws of
2015 shall have not taken effect on or before such date then section
five of this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2015 takes effect.

JUSTIFICATION :

This legislation is necessary to provide law enforcement with a tool
to prosecute those who attempt to evade federal reporting requirements
by making deposits in amounts just under the minimum threshold of
$10,000 required for banks to file a currency transaction report. This
is a strategy often employed by money launderers and tax evaders to
avoid scrutiny of their funds.


According to a report released by the New York State White Collar
Crime Task Force, "prosecutors would often be able to show the intent
to evade a filing requirement... but it is usually quite difficult
under current law to prove that a defendant who structures
transactions also intended to commit an existing penal offense, such
as tax fraud or money laundering, sufficient to charge them as an
accomplice or co-conspirator."

This legislation creates the crime of "structuring", which would allow
prosecutors to charge a person with structuring deposits to avoid
reporting requirements without the burden of proof that a defendant
had committed further crimes.

This legislation also creates the crime of "criminal monetary
transaction", which, according to the New York State White Collar
Crime Task Force report, would prohibit large-scale transactions
knowingly involving "criminally derived property". This would cover
the individuals who knowingly committed a crime and then spent money
gained through criminal activity in a transaction, and would also
cover "merchants and financial institutions that knowingly receive
tainted funds in the course of ordinary commercial activity", as long
as the transaction is in excess of $10,000.

PRIOR LEGISLATIVE HISTORY :

S.7529 of 2014 (Hoylman): Died in Codes

FISCAL IMPLICATIONS :

None to the state.

EFFECTIVE DATE :
Section 6 provides that the act shall take effect on the first of
November next succeeding the date upon which this act shall have
become a law; provided, however, that if chapter 368 of the laws of
2015 shall have not taken effect on or before such date then section
five of this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2015 takes effect.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 109--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  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  penal  law, in relation to establishing certain
  offenses relating to structuring and money laundering

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

  Section  1. Section 470.00 of the penal law is amended by adding three
new subdivisions 11, 12 and 13 to read as follows:
  11. "STRUCTURES" FOR PURPOSES OF SECTIONS 470.30 AND  470.31  OF  THIS
ARTICLE,  A  PERSON  STRUCTURES  A  TRANSACTION WHEN, WITH THE INTENT TO
EVADE ANY REPORTING REQUIREMENT UNDER THE NEW YORK STATE BANKING LAW  OR
31 U.S.C. SS 5311 THROUGH 5326, OR ANY REGULATION PRESCRIBED THEREUNDER,
HE  OR  SHE  CONDUCTS  OR ATTEMPTS TO CONDUCT ONE OR MORE RELATED TRANS-
ACTIONS IN CURRENCY, IN ANY AMOUNT, WITH ONE OR  MORE  FINANCIAL  INSTI-
TUTIONS,  ON  ONE OR MORE DAYS. STRUCTURING INCLUDES, BUT IS NOT LIMITED
TO, THE BREAKING DOWN OF A SINGLE SUM OF CURRENCY EXCEEDING TEN THOUSAND
DOLLARS INTO SMALLER SUMS, INCLUDING  SUMS  AT  OR  BELOW  TEN  THOUSAND
DOLLARS,  OR  THE CONDUCT OF A TRANSACTION, OR SERIES OF CURRENCY TRANS-
ACTIONS, INCLUDING TRANSACTIONS AT OR BELOW TEN  THOUSAND  DOLLARS.  THE
TRANSACTION  OR  TRANSACTIONS  NEED  NOT  EXCEED THE TEN THOUSAND DOLLAR
REPORTING THRESHOLD AT ANY SINGLE FINANCIAL INSTITUTION OR ON ANY SINGLE
DAY IN ORDER TO CONSTITUTE STRUCTURING.
  12. "MONETARY  TRANSACTION"  MEANS  A  DEPOSIT,  WITHDRAWAL,  TRANSFER
BETWEEN  ACCOUNTS,  EXCHANGE  OF  CURRENCY,  LOAN,  EXTENSION OF CREDIT,
PURCHASE OR SALE OF ANY STOCK, BOND, CERTIFICATE OF  DEPOSIT,  OR  OTHER
MONETARY  INSTRUMENT,  USE  OF A SAFE DEPOSIT BOX, OR ANY OTHER PAYMENT,
TRANSFER, OR DELIVERY BY, THROUGH, OR TO  A  FINANCIAL  INSTITUTION,  BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01867-02-6

S. 109--A                           2

WHATEVER  MEANS  EFFECTED,  EXCEPT THAT "MONETARY TRANSACTION" SHALL NOT
INCLUDE ANY TRANSACTION INVOLVING BONA FIDE PAYMENTS  TO  ATTORNEYS  FOR
LEGAL SERVICES.
  13. "PROPERTY DERIVED FROM SPECIFIED CRIMINAL CONDUCT" MEANS ANY PROP-
ERTY  CONSTITUTING,  OR  DERIVED  FROM,  PROCEEDS  OF SPECIFIED CRIMINAL
CONDUCT, AND NEED NOT EXCLUSIVELY CONSTITUTE OR BE DERIVED FROM PROCEEDS
OF SPECIFIED CRIMINAL CONDUCT.
  S 2. The penal law is amended by  adding  four  new  sections  470.30,
470.31, 470.32 and 470.33 to read as follows:
S 470.30 STRUCTURING IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF STRUCTURING IN THE SECOND DEGREE WHEN, WITH THE
INTENT TO EVADE ANY REPORTING REQUIREMENT UNDER THE NEW YORK STATE BANK-
ING LAW OR 31 U.S.C. SS 5311 THROUGH 5326, OR ANY REGULATION  PRESCRIBED
THEREUNDER, HE OR SHE STRUCTURES ONE OR MORE TRANSACTIONS.
  STRUCTURING IN THE SECOND DEGREE IS A CLASS E FELONY.
S 470.31 STRUCTURING IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF STRUCTURING IN THE FIRST DEGREE WHEN HE OR SHE
COMMITS THE CRIME OF STRUCTURING IN  THE  SECOND  DEGREE  AND:  (1)  THE
CONDUCT IS COMMITTED WITH AN INTENT TO COMMIT ANOTHER CRIME OR TO AID OR
CONCEAL  THE  COMMISSION OF ANOTHER CRIME; OR (2) THE AGGREGATE VALUE OF
THE CURRENCY REPORTED OR THE CURRENCY THAT  SHOULD  HAVE  BEEN  REPORTED
EXCEEDS ONE HUNDRED THOUSAND DOLLARS IN ANY TWELVE-MONTH PERIOD.
  STRUCTURING IN THE FIRST DEGREE IS A CLASS D FELONY.
S 470.32 CRIMINAL MONETARY TRANSACTION IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF ENGAGING IN A CRIMINAL MONETARY TRANSACTION IN
THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY ENGAGES OR ATTEMPTS TO ENGAGE
IN A MONETARY TRANSACTION IN PROPERTY DERIVED FROM CRIMINAL CONDUCT WITH
A VALUE GREATER THAN TWENTY THOUSAND DOLLARS AND THE PROPERTY IS DERIVED
FROM SPECIFIED CRIMINAL CONDUCT.
  CRIMINAL MONETARY TRANSACTION IN THE SECOND DEGREE IS A CLASS E  FELO-
NY.
S 470.33 CRIMINAL MONETARY TRANSACTION IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF ENGAGING IN A CRIMINAL MONETARY TRANSACTION IN
THE FIRST DEGREE WHEN HE OR SHE KNOWINGLY ENGAGES OR ATTEMPTS TO  ENGAGE
IN A MONETARY TRANSACTION IN PROPERTY DERIVED FROM CRIMINAL CONDUCT WITH
A  VALUE GREATER THAN SIXTY THOUSAND DOLLARS AND THE PROPERTY IS DERIVED
FROM SPECIFIED CRIMINAL CONDUCT.
  CRIMINAL MONETARY TRANSACTION IN THE FIRST DEGREE IS A CLASS D FELONY.
  S 3. Subdivision 3 of section 470.03 of the penal law, as  amended  by
section  17  of  part  A of chapter 1 of the laws of 2004, is amended to
read as follows:
  3. FOR PURPOSES OF SECTIONS 470.32 AND 470.33 OF THIS  ARTICLE,  MONE-
TARY  TRANSACTIONS MAY BE CONSIDERED TOGETHER AND THE VALUE OF THE PROP-
ERTY DERIVED FROM SPECIFIED CRIMINAL CONDUCT MAY BE AGGREGATED, PROVIDED
THAT THE MONETARY TRANSACTIONS ARE ALL PART OF A SINGLE "CRIMINAL TRANS-
ACTION" AS DEFINED IN SUBDIVISION TWO OF SECTION 40.10 OF  THE  CRIMINAL
PROCEDURE LAW.
  4.  Nothing  in  sections  470.05,  470.21, 470.22, 470.23 and 470.24;
paragraph (b) of subdivision one, paragraph (b) of subdivision  two  and
paragraph  (b)  of subdivision three of section 470.10; paragraph (b) of
subdivision one, paragraph (b) of subdivision two and paragraph  (b)  of
subdivision  three  of section 470.15; [or] paragraph (b) of subdivision
one and paragraph (b) of subdivision two of section 470.20;  OR  SECTION
470.32  OR  SECTION  470.33  of  this  article shall make it unlawful to
return funds held in escrow:

S. 109--A                           3

  (a) as a portion of a purchase price for real property pursuant  to  a
contract of sale; or
  (b)  to  satisfy the tax or other lawful obligations arising out of an
administrative or judicial proceeding concerning the person who provided
the escrow funds.
  S 4. Section 470.25 of the penal law, as amended by chapter 489 of the
laws of 2000, is amended to read as follows:
S 470.25 Money laundering AND CRIMINAL MONETARY TRANSACTIONS; fines.
  1. Any person convicted of a  violation  of  section  470.05,  470.10,
470.15,  or 470.20 of this article may be sentenced to pay a fine not in
excess of two times the value of the monetary instruments which are  the
proceeds of specified criminal activity. When a fine is imposed pursuant
to  this  subdivision, the court shall make a finding as to the value of
such monetary instrument or instruments. If the record does not  contain
sufficient  evidence  to  support such a finding the court may conduct a
hearing upon the issue. In imposing a fine, the court shall consider the
seriousness of the conduct, whether the amount of the fine is dispropor-
tionate to the conduct in which he engaged, its impact  on  victims,  as
well  as  the  economic circumstances of the convicted person, including
the effect of the imposition of such a fine upon his immediate family.
  2. ANY PERSON CONVICTED OF A VIOLATION OF SECTION 470.32 OR 470.33  OF
THIS  ARTICLE  MAY BE SENTENCED TO PAY A FINE NOT IN EXCESS OF TWO TIMES
THE VALUE OF THE MONETARY TRANSACTION WHICH IS THE PROCEEDS OF SPECIFIED
CRIMINAL CONDUCT. WHEN A FINE IS IMPOSED PURSUANT TO  THIS  SUBDIVISION,
THE  COURT  SHALL MAKE A FINDING AS TO THE VALUE OF SUCH MONETARY TRANS-
ACTION. IF THE RECORD DOES NOT CONTAIN SUFFICIENT  EVIDENCE  TO  SUPPORT
SUCH A FINDING THE COURT MAY CONDUCT A HEARING UPON THE ISSUE. IN IMPOS-
ING  A  FINE,  THE  COURT SHALL CONSIDER THE SERIOUSNESS OF THE CONDUCT,
WHETHER THE AMOUNT OF THE FINE IS DISPROPORTIONATE  TO  THE  CONDUCT  IN
WHICH HE ENGAGED, ITS IMPACT ON VICTIMS, AS WELL AS THE ECONOMIC CIRCUM-
STANCES  OF THE CONVICTED PERSON, INCLUDING THE EFFECT OF THE IMPOSITION
OF SUCH A FINE UPON HIS IMMEDIATE FAMILY.
  3. The imposition of a  fine  pursuant  to  subdivision  one  of  this
section or paragraph b of subdivision one of section 80.00 of this chap-
ter,  shall  preclude  the  imposition of any other order or judgment of
forfeiture or fine based upon the same criminal conduct.
  S 5. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
law,  as  amended by chapter 368 of the laws of 2015, is amended to read
as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
labor trafficking; section 135.65 relating to coercion; sections 140.20,
140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
145.12 relating to criminal mischief; article one hundred fifty relating
to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred  sixty  relating  to  robbery;  sections
165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark  coun-
terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30  relating to insurance fraud; sections 178.20 and 178.25 relating

S. 109--A                           4

to criminal diversion of  prescription  medications  and  prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
215.00,  215.05 and 215.19 RELATING TO BRIBERY; sections 187.10, 187.15,
187.20 and 187.25  relating  to  residential  mortgage  fraud,  sections
190.40 and 190.42 relating to criminal usury; section 190.65 relating to
schemes  to  defraud; any felony defined in article four hundred ninety-
six; sections 205.60  and  205.65  relating  to  hindering  prosecution;
sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
section 215.40 relating to tampering with  physical  evidence;  sections
220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
substances; sections 225.10 and 225.20 relating  to  gambling;  sections
230.25,  230.30,  and 230.32 relating to promoting prostitution; section
230.34 relating to sex trafficking; sections 235.06, 235.07, 235.21  and
235.22  relating  to  obscenity;  sections 263.10 and 263.15 relating to
promoting a sexual performance by  a  child;  sections  265.02,  265.03,
265.04,  265.11,  265.12,  265.13  and  the provisions of section 265.10
which constitute a felony relating to firearms and other dangerous weap-
ons; sections 265.14 and 265.16 relating to criminal sale of a  firearm;
section  275.10,  275.20,  275.30,  or  275.40  relating to unauthorized
recordings; and sections 470.05, 470.10, 470.15 and 470.20  relating  to
money  laundering;  SECTIONS  470.30 AND 470.31 RELATING TO STRUCTURING;
AND SECTIONS 470.32 AND 470.33  RELATING  TO  CRIMINAL  MONETARY  TRANS-
ACTIONS; or
  S 6. This act shall take effect on the first of November next succeed-
ing  the  date upon which it shall have become a law; provided, however,
that if chapter 368 of the laws of 2015 shall have not taken  effect  on
or  before  such date then section five of this act shall take effect on
the same date and in the same manner as such chapter of the laws of 2015
takes effect.

senate Bill S108

2015-2016 Legislative Session

Eliminates the one-year time requirement for aggregation payments

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 referred to ways and means
Jun 16, 2016 delivered to assembly
passed senate
Jun 07, 2016 advanced to third reading
Jun 06, 2016 2nd report cal.
Jun 02, 2016 1st report cal.1403
Jan 06, 2016 referred to investigations and government operations
Jan 07, 2015 referred to investigations and government operations

S108 - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §1807, Tax L
Versions Introduced in 2013-2014 Legislative Session:
S7539

S108 - Bill Texts

view summary

Eliminates the one-year time requirement for aggregation payments.

view sponsor memo
BILL NUMBER: S108

TITLE OF BILL : An act to amend the tax law, in relation to
eliminating the one-year time requirement for aggregation payments

PURPOSE OR GENERAL IDEA OF BILL : This legislation allows unpaid
taxes to be collected in one aggregate payment, rather than in
one-year increments.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends section 1807 of the tax law by removing the phrase
"within one year".

Section 2 provides that this act shall take effect on the first of
January next succeeding the date upon which it shall have become a
law.

JUSTIFICATION : Currently, individuals being prosecuted for unpaid
tax liability in the state of New York must be charged with separate
counts of aggregate unpaid taxes for each year that the defendant has
an outstanding unpaid tax liability. This is often not reflective of
the overall lump sum of tax evaded by the defendant over several
years.

This legislation would allow the aggregation of all unpaid taxes into
a single charge in tax evasion cases. This eliminates the need to
charge someone with multiple lower-level crimes when a single,
higher-level charge would be more reflective of the scope of the
defendant's crime if the defendant had intentionally under-reported a
significant amount of tax liability for several years.

PRIOR LEGISLATIVE HISTORY : S.7539 of 2014 (Hoylman): Died in
Investigations

FISCAL IMPLICATIONS: : None to the state.

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

                                   108

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 tax law, in relation  to  eliminating  the  one-year
  time requirement for aggregation payments

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

  Section 1. Section 1807 of the tax law, as amended  by  section  5  of
subpart  A  of  part  S of chapter 57 of the laws of 2010, is amended to
read as follows:
  S 1807. Aggregation. For purposes of this article,  the  payments  due
and not paid under a single article of this chapter pursuant to a common
scheme or plan or due and not paid, [within one year,] may be charged in
a  single  count,  and  the  amount of underpaid tax liability incurred,
within one year, may be aggregated in a single count.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date upon which it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01951-01-5

senate Bill S107

2015-2016 Legislative Session

Relates to recovery of certain housing accommodations by a landlord

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 housing, construction and community development
Jan 07, 2015 referred to housing, construction and community development

Co-Sponsors

S107 - Bill Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§26-408 & 26-511, NYC Ad Cd; amd §10, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S197
2011-2012: S81
2009-2010: S2642A

S107 - Bill Texts

view summary

Relates to recovery of certain housing accommodations by a landlord; limits a landlord's ability to take possession of units for their own primary residence, permits recovery of only one unit, and restricts such ability if the tenant has occupied the apartment for twenty or more years.

view sponsor memo
BILL NUMBER: S107

TITLE OF BILL : An act to amend the administrative code of the city
of New York, the emergency tenant protection act of nineteen
seventy-four and the emergency housing rent control law, in relation
to recovery of certain housing accommodations by a landlord

PURPOSE : The purpose of the bill is to expand, tenant protections
by limiting a landlord's ability to take possession of units for their
own personal use.

SUMMARY OF SPECIFIC PROVISIONS : This bill would limit a landlord's
ability to take possession of units for their own primary residence to
cases of immediate and compelling necessity, permit recovery of only
one unit, and restrict such ability if the tenant has occupied the
apartment for twenty or more years.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : This bill would
amend paragraph 1 of subdivision b of section 26-408 of the
administrative code of the city of New York; subparagraph (b) of
paragraph 9 of subdivision c of section 26-511 of the administrative
code of the city of New York; subdivision a of section 10 of section 4
of chapter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four; and paragraph (a) of
subdivision 2 of section 5 of chapter 274 of the laws of 1946,
constituting the emergency housing rent control law.

JUSTIFICATION : There continues to be an ongoing housing emergency
in many areas of New York State, and especially in New York City.
According to the Rent Guidelines Board report "Housing NYC: Rents,
Markets and Trends 2000", while New York City experienced a net gain
of total units from 1996-1999, the number of rental units declined. In
fact, the report states that vacant available rentals fell by almost
17,000 units, or 20.7%, over the last three years, lowering the
vacancy rate from 4.01% in 1996 to 3.19% in 1999. Clarifying when
landlords can take units for their own personal use will help keep
units in the rent regulation system and thus preserve these units in
the affordable housing stock.

LEGISLATIVE HISTORY :
A10847 of the 2003/04 Session A3774 of the 2005/06 Session
A799 of the 2007/08 Session
S2642A/A1685-A (Passed Assembly) of the 2009/10 Session
2012: S81/A3033 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT/passed assembly
2013-2014: S197 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect immediately and shall
apply to any tenant in possession at or after the time it takes
effect, regardless of whether the landlord's application for an order,
refusal to renew a lease or refusal to extend or renew a tenancy took
place before this act shall have taken effect.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   107

                       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 Housing, Construction  and
  Community Development

AN  ACT  to  amend  the administrative code of the city of New York, the
  emergency tenant protection act of nineteen seventy-four and the emer-
  gency housing rent control law, in relation  to  recovery  of  certain
  housing accommodations by a landlord

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

  Section 1. Paragraph 1 of subdivision  b  of  section  26-408  of  the
administrative  code  of  the  city  of  New  York is amended to read as
follows:
  (1) The landlord seeks in good faith to recover possession of a  hous-
ing  accommodation because of immediate and compelling necessity for his
or her own personal use and occupancy AS HIS OR HER PRIMARY RESIDENCE or
for the use and occupancy of his or her immediate family AS THEIR PRIMA-
RY RESIDENCE provided,  however,  that  this  subdivision  shall  PERMIT
RECOVERY  OF  ONLY ONE HOUSING ACCOMMODATION AND SHALL not apply where a
member of the household lawfully occupying the housing accommodation  is
sixty-two years of age or older, has been a tenant in a housing accommo-
dation  in  that building for twenty years or more, or has an impairment
which results from anatomical,  physiological  or  psychological  condi-
tions,  other  than  addiction  to  alcohol, gambling, or any controlled
substance, which are demonstrable by medically acceptable  clinical  and
laboratory diagnostic techniques, and which are expected to be permanent
and  which  prevent  the tenant from engaging in any substantial gainful
employment; or
  S 2. Subparagraph (b) of paragraph  9  of  subdivision  c  of  section
26-511  of the administrative code of the city of New York is amended to
read as follows:
  (b) where he or she seeks to  recover  possession  of  one  [or  more]
dwelling  [units] UNIT BECAUSE OF IMMEDIATE AND COMPELLING NECESSITY for
his or her own personal use and occupancy as his or  her  primary  resi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00841-01-5

S. 107                              2

dence [in the city of New York and/or] OR for the use and occupancy of a
member  of  his  or her immediate family as his or her primary residence
[in the city of New York],  provided  however,  that  this  subparagraph
shall  PERMIT  RECOVERY  OF  ONLY  ONE DWELLING UNIT AND SHALL not apply
where a tenant or the spouse of a tenant lawfully occupying the dwelling
unit is sixty-two years of age or older, HAS BEEN A TENANT IN A DWELLING
UNIT IN THAT BUILDING FOR TWENTY YEARS OR MORE,  or  has  an  impairment
which  results  from  anatomical,  physiological or psychological condi-
tions, other than addiction to  alcohol,  gambling,  or  any  controlled
substance,  which  are demonstrable by medically acceptable clinical and
laboratory diagnostic techniques, and which are expected to be permanent
and which prevent the tenant from engaging in  any  substantial  gainful
employment,  unless  such  owner  offers  to  provide  and if requested,
provides an equivalent or superior housing accommodation at the same  or
lower  stabilized  rent  in  a closely proximate area. The provisions of
this subparagraph shall only permit one of the individual owners of  any
building  to  recover  possession of one [or more] dwelling [units] UNIT
for his or her own personal use and/or for that of his or her  immediate
family.  [Any]  A  dwelling  unit recovered by an owner pursuant to this
subparagraph shall not for a period of three years  be  rented,  leased,
subleased  or assigned to any person other than a person for whose bene-
fit recovery of the dwelling unit is permitted pursuant to this subpara-
graph or to the tenant in occupancy at the time of  recovery  under  the
same  terms as the original lease. This subparagraph shall not be deemed
to establish or eliminate any claim that the former tenant of the dwell-
ing unit may otherwise have against the owner. Any such  rental,  lease,
sublease  or  assignment  during  such period to any other person may be
subject to a penalty of a forfeiture of the right to  any  increases  in
residential rents in such building for a period of three years; or
  S  3.  Subdivision  a of section 10 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of  nine-
teen  seventy-four,  as  amended  by chapter 234 of the laws of 1984, is
amended to read as follows:
  a. For cities having a population of less than one million  and  towns
and  villages, the state division of housing and community renewal shall
be empowered to implement this  act  by  appropriate  regulations.  Such
regulations  may encompass such speculative or manipulative practices or
renting or leasing practices as the state division of housing and commu-
nity renewal determines constitute or are likely to cause  circumvention
of  this act. Such regulations shall prohibit practices which are likely
to prevent any person from asserting any right or remedy granted by this
act, including but not limited to retaliatory  termination  of  periodic
tenancies and shall require owners to grant a new one or two year vacan-
cy or renewal lease at the option of the tenant, except where a mortgage
or  mortgage  commitment existing as of the local effective date of this
act provides that the owner shall not grant a one-year lease; and  shall
prescribe  standards with respect to the terms and conditions of new and
renewal leases, additional rent and such  related  matters  as  security
deposits, advance rental payments, the use of escalator clauses in leas-
es and provision for increase in rentals for garages and other ancillary
facilities,  so  as to insure that the level of rent adjustments author-
ized under this law will not be  subverted  and  made  ineffective.  Any
provision  of  the  regulations permitting an owner to refuse to renew a
lease on grounds that the owner seeks to recover possession of  [the]  A
housing  accommodation  for  his OR HER own use and occupancy or for the
use and occupancy of his OR HER immediate family shall  PERMIT  RECOVERY

S. 107                              3

OF  ONLY  ONE  HOUSING ACCOMMODATION, SHALL require that an owner demon-
strate immediate and compelling need AND THAT THE HOUSING  ACCOMMODATION
WILL  BE  THE  PROPOSED OCCUPANTS' PRIMARY RESIDENCE and shall not apply
where a member of the housing accommodation is sixty-two years of age or
older, has been a tenant in a housing accommodation in that building for
twenty  years  or  more, or has an impairment which results from anatom-
ical, physiological or psychological conditions, other than addiction to
alcohol, gambling, or any controlled substance, which  are  demonstrable
by  medically  acceptable clinical and laboratory diagnostic techniques,
and which are expected to be permanent and which prevent the tenant from
engaging in any substantial gainful employment.
  S 4. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the
laws of 1946, constituting the emergency housing rent  control  law,  as
amended  by  chapter  234  of  the  laws  of 1984, is amended to read as
follows:
  (a) the landlord seeks in good faith to recover possession of A  hous-
ing  [accommodations]  ACCOMMODATION because of immediate and compelling
necessity for his OR HER own personal use and occupancy AS  HIS  OR  HER
PRIMARY  RESIDENCE  or for the use and occupancy of his OR HER immediate
family AS THEIR PRIMARY RESIDENCE; provided, however,  this  subdivision
shall  PERMIT  RECOVERY  OF ONLY ONE HOUSING ACCOMMODATION AND SHALL not
apply where a member of the household  lawfully  occupying  the  housing
accommodation is sixty-two years of age or older, has been a tenant in a
housing  accommodation in that building for twenty years or more, or has
an impairment which results from anatomical, physiological or psycholog-
ical conditions, other than  addiction  to  alcohol,  gambling,  or  any
controlled  substance,  which  are  demonstrable by medically acceptable
clinical and laboratory diagnostic techniques, and which are expected to
be permanent and which prevent the tenant from engaging in any  substan-
tial gainful employment; or
  S  5.  This  act  shall take effect immediately and shall apply to any
tenant in possession at or after the time it takes effect, regardless of
whether the landlord's application for an  order,  refusal  to  renew  a
lease or refusal to extend or renew a tenancy took place before this act
shall have taken effect, provided that:
  a.  the  amendments  to  section 26-408 of the city rent and rehabili-
tation law made by section one of this act shall remain  in  full  force
and effect only as long as the public emergency requiring the regulation
and control of residential rents and evictions continues, as provided in
subdivision  3  of section 1 of the local emergency housing rent control
act;
  b. the amendments to section 26-511 of the rent stabilization  law  of
nineteen hundred sixty-nine made by section two of this act shall expire
on the same date as such law expires and shall not affect the expiration
of such law as provided under section 26-520 of such law;
  c.  the  amendments to subdivision a of section 10 of section 4 of the
emergency tenant protection act of nineteen seventy-four made by section
three of this act shall expire on the same date as such act expires  and
shall not affect the expiration of such act as provided in section 17 of
chapter 576 of the laws of 1974; and
  d.  the  amendments  to paragraph (a) of subdivision 2 of section 5 of
the emergency housing rent control law made by section four of this  act
shall  expire  on the same date as such law expires and shall not affect
the expiration of such law as provided in subdivision 2 of section 1  of
chapter 274 of the laws of 1946.