assembly Bill A8176

2015-2016 Legislative Session

Report on the impact of a tax deduction for expenses attributed to the adoption of a child in foster care

download bill text pdf

Sponsored By

Current Bill Status Via S7697 - Passed Assembly


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

Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 14, 2016 returned to senate
passed assembly
ordered to third reading cal.792
substituted for a8176b
Jun 14, 2016 substituted by s7697
Jun 08, 2016 amended on third reading (t) 8176b
vote reconsidered - restored to third reading
returned to assembly
recalled from senate
Jun 01, 2016 referred to children and families
delivered to senate
passed assembly
May 26, 2016 advanced to third reading cal.792
May 25, 2016 reported
reported referred to ways and means
May 13, 2016 print number 8176a
amend (t) and recommit to children and families
Jan 06, 2016 referred to children and families
Jun 11, 2015 referred to children and families

Bill Amendments

A8176
A8176A
A8176B
A8176
A8176A
A8176B

Co-Sponsors

A8176 - Bill Details

See Senate Version of this Bill:
S2688
Law Section:
Children
Versions Introduced in Previous Legislative Sessions:
2015-2016: S7697, A8176A
2013-2014: A2378A, A8167A, S5890A
2011-2012: A9221

A8176 - Bill Texts

view summary

Requires the office of children and family services to complete a report on the impact of a tax deduction for expenses, including adoption fees, medical and legal fees, court costs and any other related expenses paid or incurred by a taxpayer attributed to the adoption of a child in foster care.

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

                                  8176

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Children and Families

AN  ACT to direct the office of children and family services to complete
  a report on the impact of a  tax  deduction  for  expenses,  including
  adoption  fees,  medical  and  legal  fees,  court costs and any other
  related expenses paid or incurred by  a  taxpayer  attributed  to  the
  adoption of a child in foster care

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

  Section 1. 1. The office of children and family services, in consulta-
tion with the department of  taxation  and  finance,  shall  complete  a
report on the impact of a tax deduction for expenses, including adoption
fees, medical and legal fees, court costs and any other related expenses
paid  or incurred by a taxpayer attributed to the adoption of a child in
foster care.
  2. Such report shall include, but not be limited to:
  (a) the trend of adoptions for children in foster care over  the  past
ten years;
  (b)  how  many  children  have aged out of foster care in the past ten
years while in the custody of the state;
  (c) the length of the waiting period prior to  adoption  for  children
who were in the state foster care system;
  (d) the racial and ethnic breakdown of children adopted;
  (e)  the current number of children who have been placed in the foster
care system more than once over the past three years;
  (f) the number of children in foster care with a parent or parents  in
prison;
  (g)  efforts in place by the office of children and family services to
help promote adoption awareness, education and possibilities  for  chil-
dren in the foster care system that are eligible for adoption; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07701-01-5

A. 8176                             2

  (h)  the  total  amount  spent  by  the  office of children and family
services and organizations contracted by such office in the promotion of
adoptions.
  3.  The  report required pursuant to this act shall be provided to the
governor, the temporary president of the  senate,  the  speaker  of  the
assembly,  the  minority leader of the senate and the minority leader of
the assembly, on or before July 30, 2017.
  S 2. This act shall take effect immediately.

Co-Sponsors

A8176A - Bill Details

See Senate Version of this Bill:
S2688
Law Section:
Children
Versions Introduced in Previous Legislative Sessions:
2015-2016: S7697, A8176A
2013-2014: A2378A, A8167A, S5890A
2011-2012: A9221

A8176A - Bill Texts

view summary

Requires the office of children and family services to complete a report on the impact of a tax deduction for expenses, including adoption fees, medical and legal fees, court costs and any other related expenses paid or incurred by a taxpayer attributed to the adoption of a child in foster care.

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

                                 8176--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced  by M. of A. CRESPO, LUPARDO -- read once and referred to the
  Committee on Children and Families -- recommitted to the Committee  on
  Children  and  Families  in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the social services law, in relation to directing the
  office of children and family services to complete  a  report  on  the
  impact  of  a  tax  deduction  for  expenses, including adoption fees,
  medical and legal fees, court costs and  any  other  related  expenses
  paid  or  incurred by a taxpayer attributed to the adoption of a child
  in foster care; and providing for the repeal of such  provisions  upon
  expiration thereof

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

  Section 1. The social services law is amended by adding a new  section
372-i to read as follows:
  S  372-I.  ADOPTION  TAX  CREDIT  STUDY. 1. THE OFFICE OF CHILDREN AND
FAMILY SERVICES, IN CONSULTATION WITH THE  DEPARTMENT  OF  TAXATION  AND
FINANCE,  AND  ANY OTHER ENTITY THE OFFICE DEEMS NECESSARY AND APPROPRI-
ATE, SHALL COMPLETE A STUDY ON THE FOLLOWING:
  (A) THE AVERAGE FEDERAL, STATE AND LOCAL COST PER YEAR FOR A CHILD  IN
FOSTER  CARE, BROKEN DOWN BY SUBSIDY PAYMENTS, ATTORNEYS' FEES, ADMINIS-
TRATIVE COSTS, AND ANY OTHER CATEGORY OF COSTS FOR  A  CHILD  IN  FOSTER
CARE THAT THE OFFICE DETERMINES NECESSARY FOR THE REPORT;
  (B)  THE  AVERAGE  NUMBER  OF CHILDREN IN FOSTER CARE IN THE PRECEDING
FIVE YEARS;
  (C) AVERAGE ADOPTION RELATED EXPENSES, INCLUDING BUT  NOT  LIMITED  TO
ADOPTION  FEES,  ATTORNEYS' FEES AND ANY OTHER RELATED FEES AND EXPENSES
PAID OR INCURRED BY AN INDIVIDUAL OR INDIVIDUALS THROUGHOUT THE  PROCESS
OF ADOPTING A CHILD OR CHILDREN, INCLUDING ANY STATISTICALLY SIGNIFICANT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07701-02-6

A. 8176--A                          2

DIFFERENCE  IN  EXPENSES  BETWEEN THE ADOPTION OF A CHILD IN FOSTER CARE
AND A PRIVATE ADOPTION; AND
  (D) THE AVERAGE NUMBER OF ADOPTIONS IN THE STATE IN THE PRECEDING FIVE
YEARS.
  2.  A  REPORT DETAILING THE INFORMATION REQUIRED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE PROVIDED TO THE GOVERNOR, THE TEMPORARY  PRESIDENT
OF  THE  SENATE,  AND  THE SPEAKER OF THE ASSEMBLY ON OR BEFORE FEBRUARY
FIRST, TWO THOUSAND SEVENTEEN. THE REPORT SHALL COMPARE THE COST TO  THE
STATE FOR PROVIDING A TAX CREDIT, IN AN AMOUNT EQUIVALENT TO THE COST TO
AN  ADOPTIVE  PARENT  FOR ADOPTING A CHILD, TO THE COST TO THE STATE FOR
MAINTAINING A CHILD IN FOSTER CARE. SUCH COMPARISON SHALL BE BROKEN DOWN
USING THE AVERAGE EXPENSE AMOUNT UNDER SUBDIVISION ONE OF  THIS  SECTION
AND PERCENTAGES FIFTY PERCENT ABOVE AND BELOW SUCH AMOUNT IN TEN PERCENT
INCREMENTS.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed August 1, 2017.

Co-Sponsors

Multi-Sponsors

A8176B - Bill Details

See Senate Version of this Bill:
S2688
Law Section:
Children
Versions Introduced in Previous Legislative Sessions:
2015-2016: S7697, A8176A
2013-2014: A2378A, A8167A, S5890A
2011-2012: A9221

A8176B - Bill Texts

view summary

Requires the office of children and family services to complete a report on the impact of a tax deduction for expenses, including adoption fees, medical and legal fees, court costs and any other related expenses paid or incurred by a taxpayer attributed to the adoption of a child in foster care.

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

                                 8176--B
                                                        Cal. No. 792

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced  by  M.  of  A.  CRESPO,  LUPARDO, SEPULVEDA -- read once and
  referred to the Committee on Children and Families --  recommitted  to
  the  Committee  on  Children  and Families in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred  to the Committee on Ways and Means -- passed by Assembly and
  delivered to the Senate, recalled from the Senate, vote  reconsidered,
  bill  amended,  ordered reprinted, retaining its place on the order of
  third reading

AN ACT to direct the office of children and family services to  complete
  a  report  on  the  impact  of a tax deduction for expenses, including
  adoption fees, medical and legal  fees,  court  costs  and  any  other
  related  expenses  paid  or  incurred  by a taxpayer attributed to the
  adoption of a child in foster care

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

  Section 1. 1. The office of children and family services, in consulta-
tion  with  the  department  of  taxation  and finance, shall complete a
report on the impact of a tax deduction for expenses, including adoption
fees, medical and legal fees, court costs and any other related expenses
paid or incurred by a taxpayer attributed to the adoption of a child  in
foster care.
  2. Such report shall include, but not be limited to:
  (a)  the  trend of adoptions for children in foster care over the past
ten years;
  (b) how many children have aged out of foster care  in  the  past  ten
years while in the custody of the state;
  (c)  the  length  of the waiting period prior to adoption for children
who were in the state foster care system;
  (d) the racial and ethnic breakdown of children adopted;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07701-04-6

A. 8176--B                          2

  (e) the current number of children who have been placed in the  foster
care system more than once over the past three years;
  (f)  the number of children in foster care with a parent or parents in
prison;
  (g) efforts in place by the office of children and family services  to
help  promote  adoption awareness, education and possibilities for chil-
dren in the foster care system that are eligible for adoption; and
  (h) the total amount spent  by  the  office  of  children  and  family
services and organizations contracted by such office in the promotion of
adoptions.
  3.  The  report required pursuant to this act shall be provided to the
governor, the temporary president of the  senate,  the  speaker  of  the
assembly,  the  minority leader of the senate and the minority leader of
the assembly, on or before July 30, 2017.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

assembly Bill A8175

2015-2016 Legislative Session

Permits employees of authorized organizations to operate games of chance

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 racing and wagering
Jun 11, 2015 referred to racing and wagering

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A8175 - Bill Details

See Senate Version of this Bill:
S1881
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §§189 & 195-c, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A2679, S1962
2011-2012: A6485, S4150

A8175 - Bill Texts

view summary

Permits employees of authorized organizations to operate games of chance.

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

                                  8175

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced  by  M.  of  A.  STIRPE, BLANKENBUSH, SKOUFIS, FINCH, CROUCH,
  HAWLEY, GRAF, DiPIETRO, BRINDISI, RAIA -- Multi-Sponsored by -- M.  of
  A.  CERETTO, OAKS -- read once and referred to the Committee on Racing
  and Wagering

AN ACT to amend the general municipal law, in relation to  employees  of
  authorized organizations operating games of chance

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

  Section 1. Subdivisions 10 and 11 of section 189 of the general munic-
ipal law, as amended by chapter 574 of the laws of 1978, are amended  to
read as follows:
  10.  No  person  except a bona fide member OR EMPLOYEE of the licensed
authorized organization shall participate  in  the  management  of  such
games;  no  person except a bona fide member OR EMPLOYEE of the licensed
authorized organization, its auxiliary or affiliated organization, shall
participate in the operation of such game, as set forth in  section  one
hundred ninety-five-c of this article.
  11.  No  person  OTHER THAN AN EMPLOYEE shall receive any remuneration
for participating in the management or operation of any such game.
  S 2. Section 195-c of the general municipal law, as amended by chapter
252 of the laws of 1998, is amended to read as follows:
  S 195-c. [1.] Persons operating games;  equipment;  expenses;  compen-
sation.  1. No person shall operate any game of chance under any license
issued  under  this article except a bona fide member OR EMPLOYEE of the
authorized organization to which the license is issued, or a  bona  fide
member  OR EMPLOYEE of an organization or association which is an auxil-
iary to the licensee or a bona fide member OR EMPLOYEE of  an  organiza-
tion  or  association  of  which such licensee is an auxiliary or a bona
fide member OR EMPLOYEE of  an  organization  or  association  which  is
affiliated  with  the  licensee  by being, with it, auxiliary to another
organization or association. Nothing herein shall be construed to  limit

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07056-01-5

A. 8175                             2

the  number of games of chance licensees for whom such persons may oper-
ate games of chance nor to prevent  non-members  OR  NON-EMPLOYEES  from
assisting  the licensee in any activity other than managing or operating
games.  No  game  of chance shall be conducted with any equipment except
such as shall be owned or  leased  by  the  authorized  organization  so
licensed  or  used  without  payment of any compensation therefor by the
licensee. However, in no event shall bell  jar  tickets  be  transferred
from  one authorized organization to another, with or without payment of
any compensation thereof. The head or heads of the authorized  organiza-
tion  shall upon request certify, under oath, that the persons operating
any game of chance are bona fide members OR EMPLOYEES of such authorized
organization, auxiliary or affiliated organization. Upon request  by  an
officer  or  the  department  any  such person involved in such games of
chance shall certify that he or she has no criminal record. No items  of
expense  shall  be incurred or paid in connection with the conducting of
any game of chance pursuant to any license  issued  under  this  article
except  those that are reasonable and are necessarily expended for games
of chance supplies and equipment,  prizes,  security  personnel,  stated
rental  if any, bookkeeping or accounting services according to a sched-
ule of compensation prescribed by the  board,  janitorial  services  and
utility supplies if any, and license fees, and the cost of bus transpor-
tation,  if authorized by such clerk or department. No commission, sala-
ry, compensation, reward or recompense shall be paid  or  given  to  any
person OTHER THAN AN EMPLOYEE for the sale or assisting with the sale of
raffle tickets.
  2.  For the purpose of the sale of tickets for the game of raffle, the
term "operate" shall not include the sale of such tickets by persons  of
lineal or collateral consanguinity to members of an authorized organiza-
tion licensed to conduct a raffle.
  S 3. This act shall take effect immediately.

senate Bill S3441

2015-2016 Legislative Session

Makes provisions on planning and development of regionally based urban and regional farmers' markets facilities

download bill text pdf

Sponsored By

Current Bill Status Via A228 - Vetoed by Governor


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

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 26, 2015 tabled
vetoed memo.199
Oct 14, 2015 delivered to governor
Jun 10, 2015 returned to assembly
passed senate
substituted for s3441
Jun 10, 2015 substituted by a228
Jun 09, 2015 ordered to third reading cal.1393
reported and committed to rules
May 12, 2015 reported and committed to finance
Feb 09, 2015 referred to corporations, authorities and commissions

Co-Sponsors

S3441 - Bill Details

See Assembly Version of this Bill:
A228
Law Section:
New York State Urban Development Corporation Act
Laws Affected:
Ren §16-n to be §16-x, add §16-y, UDC Act
Versions Introduced in Previous Legislative Sessions:
2013-2014: S2193A, A5321, A8677
2011-2012: S4019, A1319
2009-2010: S1676A, S6782, A2301A, A9811

S3441 - Bill Texts

view summary

Establishes the urban and regional farmers' markets facilities construction program; defines related terms and regulates grants and financing; establishes revolving loan and loan guarantee fund.

view sponsor memo
BILL NUMBER:S3441

TITLE OF BILL: An act to amend the New York state urban development
corporation act, in relation to the planning and development of urban
and regional farmers' markets facilities

PURPOSE OR GENERAL IDEA OF BILL: Makes provisions on planning and
development of urban and regional farmers' market facilities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Section 16-n of section 1 of chapter 174 of the laws of
1968, constituting the New York state urban development corporation
act, as added by chapter 428 of the laws of 2006, is renumbered
section 16-x.

Section 2: Adds a new section 16-y to the Urban Development
Corporation Act, relating to the planning and development of urban and
regional farmers' market facilities.

JUSTIFICATION: In this time of attempting to revitalize cities and
urban areas, it is desirable to bring the products of farmers and
craft businesses into the city to allow them to sell directly to the
customer. This not only benefits the consumer by allowing them to buy
fresh produce and items directly from the farmers but also helps to
bring people into areas of the cities which will provide a spin off to
the nearby businesses.

PRIOR LEGISLATIVE HISTORY: 2013,2014: S.2193A/A.8677 Referred to
Corporations 2011,2012: S.4019/A.1319 Referred to Corporations 2010:
S.6782/A.9811 Referred to Agriculture 2009: S.1676-A/A.2301-A Vetoed
by Governor, Veto Memo #6

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3441

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 9, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN ACT to amend the New York state urban development corporation act, in
  relation  to  the planning and development of urban and regional farm-
  ers' markets facilities

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

  Section  1.  Section  16-n  of section 1 of chapter 174 of the laws of
1968, constituting the New York state urban development corporation act,
as added by chapter 428 of the laws of 2006, is renumbered section 16-x.
  S 2. Section 1 of chapter 174 of the laws of  1968,  constituting  the
New York state urban development corporation act, is amended by adding a
new section 16-y to read as follows:
  S  16-Y.  URBAN  AND REGIONAL FARMERS' MARKETS FACILITIES CONSTRUCTION
PROGRAM. 1.  DEFINITIONS. FOR PURPOSES OF THIS SECTION:
  (A) "URBAN OR REGIONAL FARMERS'  MARKET  CONSTRUCTION  PROJECT"  SHALL
MEAN  A  PROJECT  FOR  THE ESTABLISHMENT, EXPANSION AND DEVELOPMENT OF A
YEAR-ROUND URBAN OR REGIONAL FARMERS' MARKET PRIMARILY LEASING SPACE  TO
FARMERS,  FARMER/PROCESSORS  AND CRAFT BUSINESSES FROM WITHIN THE REGION
OF THE GREENMARKET TO SELL DIRECTLY TO CUSTOMERS.
  (B) "NOT-FOR-PROFIT CORPORATION" SHALL MEAN AGRICULTURAL COOPERATIVES,
REGIONAL MARKET AUTHORITIES, CORPORATION BUSINESS IMPROVEMENT  DISTRICTS
AND REGIONAL AND COMMUNITY DEVELOPMENT ORGANIZATIONS ORGANIZED UNDER THE
PROVISIONS  OF  THE  NOT-FOR-PROFIT  CORPORATION  LAW OR OTHER STATE LAW
PROVIDING FOR NONPROFIT CORPORATIONS.
  (C) "HIGHLY DISTRESSED" SHALL HAVE THE SAME MEANING AS PROVIDED FOR IN
SECTION SIXTEEN-D OF THIS ACT.
  (D) "ECONOMICALLY DISTRESSED AREAS" SHALL HAVE  THE  SAME  MEANING  AS
PROVIDED FOR IN SECTION SIXTEEN-D OF THIS ACT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04260-01-5

S. 3441                             2

  2.  THE  CORPORATION SHALL, FROM APPROPRIATIONS MADE AVAILABLE FOR THE
PURPOSE, ESTABLISH AN URBAN AND  REGIONAL  FARMERS'  MARKETS  FACILITIES
CONSTRUCTION  PROGRAM  WHICH SHALL OFFER CONSTRUCTION GRANTS PURSUANT TO
PARAGRAPHS (A) AND (B) OF SUBDIVISION 3 OF THIS  SECTION  AND  REVOLVING
LOANS AND LOAN GUARANTEES PURSUANT TO PARAGRAPHS (C) AND (D) OF SUBDIVI-
SION 3 OF THIS SECTION.
  3.  TO  THE  EXTENT  THAT  MONIES  ARE  APPROPRIATED FOR THE URBAN AND
REGIONAL FARMERS' MARKETS FACILITIES CONSTRUCTION  PROGRAM,  THE  CORPO-
RATION  SHALL  PROVIDE  FINANCING  FOR URBAN OR REGIONAL FARMERS' MARKET
FACILITIES CONSTRUCTION PROJECTS FOR THE  ESTABLISHMENT,  EXPANSION  AND
DEVELOPMENT  OF URBAN AND REGIONAL FARMERS' MARKETS FACILITIES WHICH ARE
INTENDED TO SERVE THE NEEDS OF THE REGIONAL AGRICULTURAL  COMMUNITY  AND
THE  COMMUNITY  REVITALIZATION  OF  THE  HOST  CITY. THE CORPORATION, IN
CONSULTATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT, SHALL  DEVELOP
A  JOINT REQUEST FOR APPLICATIONS WITH THE DEPARTMENT OF AGRICULTURE AND
MARKETS' COMMENTS ON SOLICITING POTENTIAL APPLICANTS SEEKING  ASSISTANCE
FOR  THE  DEVELOPMENT OF URBAN AND REGIONAL FARMERS' MARKETS FACILITIES.
AN APPLICANT MUST BE A NOT-FOR-PROFIT CORPORATION, MUNICIPAL CORPORATION
OR PUBLIC BENEFIT CORPORATION.   IN DETERMINING  AWARD  RECIPIENTS,  THE
CORPORATION SHALL CONSIDER, AMONG OTHER FACTORS, THE DEPARTMENT OF AGRI-
CULTURE  AND MARKETS' COMMENTS ON THE APPLICATIONS. SUCH FINANCING SHALL
CONSIST OF GRANTS, REVOLVING LOANS AND LOAN GUARANTEES  FOR  THE  ESTAB-
LISHMENT,  EXPANSION,  AND  DEVELOPMENT  OF  URBAN AND REGIONAL FARMERS'
MARKETS FACILITIES.
  (A) GRANTS SHALL  BE  USED  FOR  GENERAL  PROJECT  DEVELOPMENT  COSTS,
INCLUDING, BUT NOT LIMITED TO:
  (I)  THE  ACQUISITION, DESIGN, CONSTRUCTION, IMPROVEMENT OR RENOVATION
OF THE SITE; AND
  (II) THE PURCHASE OF NECESSARY EQUIPMENT.
  (B) FOR THE PURPOSES OF  THIS  SUBDIVISION  GRANTS  SHALL  NOT  EXCEED
EIGHTY  PERCENT  OF THE TOTAL PROJECT COST IN HIGHLY DISTRESSED COMMUNI-
TIES; SHALL NOT EXCEED SEVENTY PERCENT OF  THE  TOTAL  PROJECT  COST  IN
ECONOMICALLY DISTRESSED AREAS; AND SHALL NOT EXCEED SIXTY PERCENT OF THE
TOTAL PROJECT COST IN NON-ECONOMICALLY DISTRESSED AREAS.
  (C) URBAN AND REGIONAL FARMERS' MARKET FACILITY CONSTRUCTION REVOLVING
LOAN  AND LOAN GUARANTEES. THE CORPORATION SHALL PROVIDE REVOLVING LOANS
AND LOAN GUARANTEES  FOR  THE  ESTABLISHMENT  BY  NOT-FOR-PROFIT  CORPO-
RATIONS,  MUNICIPAL CORPORATIONS OR PUBLIC BENEFIT CORPORATIONS OF URBAN
AND REGIONAL FARMERS' MARKET FACILITIES. SUCH REVOLVING LOANS  AND  LOAN
GUARANTEES  SHALL  BE FOR CONSTRUCTION COSTS, INCLUDING, BUT NOT LIMITED
TO THE DESIGN, CONSTRUCTION, IMPROVEMENT OR RENOVATION AND  MAY  INCLUDE
INTERIM FINANCING.
  (D) URBAN AND REGIONAL FARMERS' MARKET FACILITY CONSTRUCTION REVOLVING
LOAN  AND LOAN GUARANTEE FUND. FOR THE PURPOSES OF THIS SUBDIVISION, THE
CORPORATION SHALL ESTABLISH AN URBAN AND REGIONAL FARMERS' MARKET FACIL-
ITY CONSTRUCTION REVOLVING LOAN AND LOAN  GUARANTEE  FUND  ACCOUNT.  THE
CORPORATION  SHALL  DETERMINE THE TERMS AND INTEREST RATES OF SUCH LOANS
TO NOT-FOR-PROFIT CORPORATIONS, MUNICIPAL CORPORATIONS OR PUBLIC BENEFIT
CORPORATIONS, EXCEPT THAT NO LOAN SHALL EXCEED  EIGHTY  PERCENT  OF  THE
TOTAL  PROJECT COST IN HIGHLY DISTRESSED COMMUNITIES; SEVENTY PERCENT OF
THE TOTAL PROJECT COST  IN  ECONOMICALLY  DISTRESSED  AREAS;  AND  SIXTY
PERCENT  OF THE TOTAL PROJECT COST IN NON-ECONOMICALLY DISTRESSED AREAS.
IN INSTANCES WHERE AN OTHERWISE QUALIFIED APPLICANT LACKS  EQUITY  IN  A
PROJECT,  EQUITY  PARTICIPATION  MAY  INCLUDE ANY COMMITMENT FOR GRANTS.
PAYMENTS CONSISTING OF THE REPAYMENT OF THE PRINCIPAL AMOUNT OF THE LOAN
AND INTEREST SHALL BE DEPOSITED BY THE CORPORATION INTO  THE  URBAN  AND

S. 3441                             3

REGIONAL  FARMERS'  MARKET  FACILITY  CONSTRUCTION  REVOLVING  LOAN FUND
ACCOUNT FROM WHICH THE LOAN WAS MADE.
  4.  FINANCING  FOR  URBAN  AND  REGIONAL  FARMERS'  MARKETS FACILITIES
CONSTRUCTION PROJECTS AUTHORIZED PURSUANT  TO  THIS  SUBDIVISION,  SHALL
ONLY  BE  MADE  UPON A DETERMINATION BY THE CORPORATION, IN CONSULTATION
WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND THE DEPARTMENT OF AGRI-
CULTURE AND MARKETS THAT SUCH A FACILITY WILL IMPROVE  THE  AGRICULTURAL
AND  URBAN  ECONOMIES.  SUCH REVOLVING LOANS, LOAN GUARANTEES AND GRANTS
SHALL ONLY BE MADE FOR FACILITIES WHERE THERE  ARE  INADEQUATE  AGRICUL-
TURAL  DIRECT  MARKETING  FACILITIES. SUCH CENTERS SHALL DEMONSTRATE THE
POTENTIAL TO OBTAIN, FROM APPROPRIATE GOVERNMENTAL AGENCIES, ALL  NECES-
SARY  APPROVALS,  LICENSES,  AND  OTHER SUPPORTS REQUIRED TO OPERATE THE
FACILITY.
  S 3. This act shall take effect immediately.

senate Bill S1824

2015-2016 Legislative Session

Relates to access to viable agricultural land for new and beginning farmers

download bill text pdf

Sponsored By

Current Bill Status Via A1571 - Vetoed by Governor


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

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 26, 2015 tabled
vetoed memo.201
Oct 14, 2015 delivered to governor
Jun 10, 2015 returned to assembly
passed senate
substituted for s1824
Jun 10, 2015 substituted by a1571
Jun 08, 2015 advanced to third reading
Jun 03, 2015 2nd report cal.
Jun 02, 2015 1st report cal.1262
May 05, 2015 reported and committed to finance
Jan 15, 2015 referred to agriculture

Co-Sponsors

view additional co-sponsors

S1824 - Bill Details

See Assembly Version of this Bill:
A1571
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§16, 309 & 323, add §329-a, Ag & Mkts L; amd §2, Pub Lds L
Versions Introduced in 2013-2014 Legislative Session:
S5377A, A7002B

S1824 - Bill Texts

view summary

Relates to access to viable agricultural land for new and beginning farmers.

view sponsor memo
BILL NUMBER:S1824

TITLE OF BILL: An act to amend the agriculture and markets law and
the public lands law, in relation to access to viable agricultural
land for new and beginning farmers

PURPOSE:

To direct the Commissioner of the New York State Department of
Agriculture and Markets to enhance access to viable agricultural land
for new and beginning farmers and would direct the Commissioner of the
Office of General Services to work with the Commissioner of
Agriculture and Markets to develop an inventory of state-owned real
property that may be viable for farming.

SUMMARY OF PROVISIONS:

Section 1 amends § 16 of the agriculture and markets law by adding new
subdivision 2-e. Subdivision 2-e provides aid in efforts supporting
the successful transfer of viable agricultural land from existing
owners to new owners and operators, especially beginning farmers.

Section 2 amends subdivision 5 of section 309 of the agriculture and
markets law to require the Agriculture Advisory Council to provide
guidance regarding tax, financial assistance, and other policies and
programs that might address the needs of new farmers to the
Commissioner and State agencies.

Section 3 amends subdivision 6 of section 323 of the agriculture and
markets law to require the Commissioner to report to the Governor and
the Legislature on efforts to enhance access to viable agricultural
land for new and beginning farmers.

Section 4 amends the agriculture and markets law by adding a new
section 329-a, that requires the Department to collect and compile
information about both public and private lands available for purchase
or leasing for farming, and make such information available on its
internet website.

Section 5 amends § 2 of the public lands law by adding two new
subdivisions 2-a and 2-b. Subdivision 2-a directs the Commissioner of
the Office of General Services to work with the Commissioner of
Agriculture and Markets to develop an inventory of available land for
farming. Subdivision 2-b requiring the Commissioner of the Office of
General Services to report to the Governor and the Legislature within
one year of the effective date on issues related to selling state
lands for farming.

Section 6 amends § 2 of the public lands law by adding a new
subdivision 3-a directing the Commissioner of the Office of General
Services to work with other state agencies to identify land that may
be viable for farming.

Section 7 is the effective date.

JUSTIFICATION:


The most recent federal census of agriculture in 2007 found that the
average age of farmers in New York State is about 56, up from 50 in
the early 1980s. In light of that statistic, the U.S. Secretary of
Agriculture has set a goal of recruiting 100,000 new farmers across
the country to replace those that are retiring. Farming is a
difficult business; several factors, such as the complex process of
transferring ownership of farms and prohibitive capital costs,
contribute to the aging of the farm population and present barriers to
younger farmers gaining access to land. There is increasing interest
by young people hoping to find viable land they can farm. Trends in
the marketplace such as the recent growth in Greek yogurt and other
dairy processors, and increased demand for locally grown foods and
beverages from consumers, food service businesses and institutions,
highlight the importance of assisting new farmers starting out.

This bill would emphasize assistance for new and beginning farmers in
existing state law. For example, it would require the State's
Agriculture Advisory Council to provide advice to State agencies
regarding tax, financial assistance and other policies and programs
that could address the needs of beginning farmers and the issues they
face related to the transfer of ownership of farms. It would also
encourage the identification of properties owned by the State that are
viable for farming and could be sold or leased for farming. This bill
will also promote information among those interested in purchasing or
leasing those properties.

LEGISLATIVE HISTORY:

2013-2014: S.5377-A/ A.7002-B

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

Immediately.

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

                                  1824

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sens.  RITCHIE, CROCI, LAVALLE -- read twice and ordered
  printed, and when printed to be committed to the Committee on Agricul-
  ture

AN ACT to amend the agriculture and markets law  and  the  public  lands
  law,  in  relation  to  access to viable agricultural land for new and
  beginning farmers

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

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 2-e to read as follows:
  2-E. AID IN EFFORTS SUPPORTING THE SUCCESSFUL TRANSFER OF VIABLE AGRI-
CULTURAL  LAND  FROM  EXISTING OWNERS TO NEW OWNERS AND OPERATORS, ESPE-
CIALLY BEGINNING FARMERS.
  S 2. Subdivision 5 of section 309 of the agriculture and markets  law,
as  added  by  chapter  79  of  the  laws of 1980, is amended to read as
follows:
  5. The advisory council on agriculture shall advise  the  commissioner
and  other  state  agency  heads on state government plans, policies and
programs affecting farming and the agricultural industry of  this  state
INCLUDING,  BUT  NOT LIMITED TO, ADVICE REGARDING TAX, FINANCIAL ASSIST-
ANCE AND OTHER POLICIES AND PROGRAMS THAT COULD  ADDRESS  THE  NEEDS  OF
BEGINNING  FARMERS AND ISSUES RELATED TO TRANSFER OF OWNERSHIP OF FARMS.
Concerned state agencies shall be  encouraged  to  establish  a  working
relationship with the council and shall fully cooperate with the council
in any requests it shall make.
  S  3. Subdivision 6 of section 323 of the agriculture and markets law,
as amended by chapter 150 of the laws of 2013, is  amended  to  read  as
follows:
  6.  reporting biennially to the governor and the legislature regarding
the activities of the commissioner, INCLUDING EFFORTS TO ENHANCE  ACCESS
TO  VIABLE AGRICULTURAL LAND FOR NEW AND BEGINNING FARMERS, the types of
technical  assistance  rendered  to  county  agricultural  and  farmland
protection boards, municipalities, soil and water conservation districts

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05590-01-5

S. 1824                             2

and  not-for-profit  conservation organizations, and the need to protect
the state's agricultural economy and land resources.
  S  4.  The  agriculture  and  markets  law  is amended by adding a new
section 329-a to read as follows:
  S 329-A.  FARMLAND AVAILABILITY INFORMATION. 1. THE  DEPARTMENT  SHALL
COLLECT  AND  COMPILE  INFORMATION  ABOUT PUBLIC LAND THAT IS VIABLE FOR
FARMING AND IS AVAILABLE FOR PURCHASE OR  LEASE  FOR  FARMING  AND  MAKE
AVAILABLE SUCH INFORMATION, INCLUDING CONTACT INFORMATION FOR THE OFFICE
OF  GENERAL  SERVICES,  OTHER  STATE AGENCIES, MUNICIPALITIES, AND OTHER
GOVERNMENTAL ENTITIES OFFERING SUCH LAND, ON ITS INTERNET  WEBSITE.  THE
DEPARTMENT SHALL PROVIDE GUIDANCE AND ASSISTANCE TO THE OFFICE OF GENER-
AL SERVICES, OTHER STATE AGENCIES, MUNICIPALITIES AND OTHER GOVERNMENTAL
ORGANIZATIONS  THAT REQUEST SUCH ASSISTANCE, IN IDENTIFYING LAND THAT IS
VIABLE FOR FARMING.
  2. THE DEPARTMENT MAY ALSO MAKE AVAILABLE  SIMILAR  INFORMATION  ABOUT
PRIVATE  LAND  AVAILABLE  FOR  PURCHASE  OR LEASE FOR FARMING, INCLUDING
CONTACT INFORMATION FOR THE OWNERS OF SUCH LAND.
  S 5. Section 2 of the public lands law is amended by  adding  two  new
subdivisions 2-a and 2-b to read as follows:
  2-A. STATE-OWNED REAL PROPERTY INVENTORY; FARMING. A. THE COMMISSIONER
OF  GENERAL SERVICES IS AUTHORIZED AND DIRECTED TO DEVELOP AN INVENTORY,
IN COOPERATION WITH THE COMMISSIONER  OF  AGRICULTURE  AND  MARKETS,  OF
STATE-OWNED REAL PROPERTY THAT MAY BE VIABLE FOR FARMING.
  B.  IF THE COMMISSIONER DETERMINES THAT ANY OF SUCH PROPERTY SHOULD BE
MADE AVAILABLE FOR PURCHASE OR LEASE FOR FARMING THEN  SUCH  INFORMATION
SHALL  BE  PROVIDED TO THE DEPARTMENT OF AGRICULTURE AND MARKETS FOR THE
FARMLAND AVAILABILITY INFORMATION PROGRAM, PROVIDED,  HOWEVER,  THAT  IF
THE  COMMISSIONER,  IN  COOPERATION WITH THE COMMISSIONER OF AGRICULTURE
AND MARKETS, DETERMINES THAT ANY OF SUCH PROPERTY  SHOULD  BE  PROTECTED
AND  PRESERVED  USING  ARTICLE  TWENTY-FIVE-AAA  OF  THE AGRICULTURE AND
MARKETS LAW THEN INFORMATION ABOUT SUCH PROPERTY SHALL NOT  BE  PROVIDED
FOR  THE FARMLAND AVAILABILITY INFORMATION PROGRAM UNTIL A REVIEW OF THE
MERITS AND FEASIBILITY OF PRESERVING SUCH PROPERTY  USING  SUCH  ARTICLE
HAS BEEN CONSIDERED.
  2-B.  REPORT.  THE  COMMISSIONER  SHALL REPORT TO THE GOVERNOR AND THE
LEGISLATURE WITHIN ONE YEAR OF THE EFFECTIVE DATE  OF  THIS  SUBDIVISION
ON:
  A.  THE  INVENTORY OF STATE-OWNED REAL PROPERTY THAT MAY BE VIABLE FOR
FARMING CONDUCTED PURSUANT TO SUBDIVISION TWO-A OF THIS SECTION;
  B. THE FEASIBILITY OF, AND BARRIERS TO, SELLING, LEASING OR USING SUCH
PROPERTY FOR FARMING;
  C. THE FEASIBILITY OF USING ARTICLE TWENTY-FIVE-AAA OF AGRICULTURE AND
MARKETS LAW TO PROTECT AND PRESERVE SUCH LAND FOR FARMING WHEN SUCH LAND
IS SOLD; AND
  D. ANY CONCERNS RELATED TO SELLING OR LEASING SUCH PROPERTY FOR  FARM-
ING, INCLUDING, BUT NOT LIMITED TO, THE TYPES OF FARMING ACTIVITIES THAT
MAY  BE APPROPRIATE AND THE ENVIRONMENTAL AND COMMUNITY IMPACTS OF FARM-
ING SUCH PROPERTIES.
  S 6. Section 2 of the public lands law is  amended  by  adding  a  new
subdivision 3-a to read as follows:
  3-A.  LAND  VIABLE  FOR  FARMING;  IDENTIFICATION. THE COMMISSIONER OF
GENERAL SERVICES IS AUTHORIZED AND DIRECTED, AS PART OF THE  STATE-OWNED
REAL PROPERTY MANAGEMENT PROGRAM, TO WORK WITH STATE AGENCIES TO IDENTI-
FY  LAND  THAT  MAY  BE VIABLE FOR FARMING AND MAY BE MADE AVAILABLE FOR
PURCHASE OR LEASE FOR FARMING.
  S 7. This act shall take effect immediately.

assembly Bill A458

2015-2016 Legislative Session

Relates to the comprehensive school bus driver safety training program

download bill text pdf

Sponsored By

Current Bill Status - Passed Assembly


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

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 20, 2016 referred to transportation
delivered to senate
passed assembly
Jan 06, 2016 ordered to third reading cal.36
returned to assembly
died in senate
Jun 11, 2015 referred to transportation
delivered to senate
passed assembly
Jun 10, 2015 ordered to third reading rules cal.200
rules report cal.200
reported
Jun 08, 2015 reported referred to rules
Jun 03, 2015 reported referred to ways and means
Jan 07, 2015 referred to transportation

Co-Sponsors

Multi-Sponsors

A458 - Bill Details

See Senate Version of this Bill:
S1239
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §223-a, amd §1809, V & T L; amd §3650, Ed L; add §89-i, St Fin L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A99, S2843
2011-2012: A1178, S5741
2009-2010: A4054, S1244

A458 - Bill Texts

view summary

Provides for the transfer of a portion of fines issued for illegally passing a school bus to the comprehensive school bus driver safety training program for the study and promotion of issues involving school bus safety; establishes a school bus motorist education fund.

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

                                   458

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. GANTT, GALEF, CUSICK, ENGLEBRIGHT -- Multi-Spon-
  sored by -- M. of A.  JAFFEE, McDONALD, PERRY, SEPULVEDA -- read  once
  and referred to the Committee on Transportation

AN  ACT  to  amend the vehicle and traffic law and the education law, in
  relation to the illegal passing of school buses and to amend the state
  finance law, in relation  to  establishing  the  school  bus  motorist
  education fund

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 223-a to read as follows:
  S  223-A.  SCHOOL  BUS  MOTORIST  EDUCATION  PROGRAM. THE COMMISSIONER
SHALL, IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE,  THE
DEPARTMENTS  OF  EDUCATION  AND  TRANSPORTATION,  THE  DIVISION OF STATE
POLICE, AND THE STATE COMPREHENSIVE SCHOOL BUS  DRIVER  SAFETY  TRAINING
COUNCIL,  DESIGN  AND  IMPLEMENT  A  PUBLIC EDUCATION PROGRAM TO EDUCATE
MOTORISTS OF THE DANGERS OF PASSING A SCHOOL BUS IN VIOLATION OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER, TO  REDUCE  THE  NUMBER  OF
SUCH INCIDENTS, AND TO PROMOTE SCHOOL BUS SAFETY.
  S  2. Subdivision 3 of section 1809 of the vehicle and traffic law, as
amended by chapter 309 of the laws  of  1996,  is  amended  to  read  as
follows:
  3.  The  mandatory  surcharge  provided for in subdivision one of this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following collection of the mandatory surcharge the collecting authority
shall determine the amount of mandatory surcharge collected and,  if  it
is  an  administrative  tribunal  or a town or village justice court, it
shall pay such money to the state comptroller  who  shall  deposit  such
money  in  the state treasury pursuant to section one hundred twenty-one

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02432-01-5

A. 458                              2

of the state finance law to the credit of the  general  fund;  PROVIDED,
HOWEVER,  THAT  THE  COMPTROLLER  SHALL DEPOSIT SUCH MONEY COLLECTED FOR
VIOLATIONS OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER TO THE
CREDIT OF THE SCHOOL BUS MOTORIST EDUCATION FUND ESTABLISHED PURSUANT TO
SECTION  EIGHTY-NINE-I  OF  THE  STATE  FINANCE  LAW. If such collecting
authority is any other court of the  unified  court  system,  it  shall,
within such period, pay such money to the state commissioner of taxation
and  finance  to  the credit of the criminal justice improvement account
established  by  section  ninety-seven-bb  of  the  state  finance  law;
PROVIDED,  HOWEVER,  THAT THE STATE COMMISSIONER OF TAXATION AND FINANCE
SHALL DEPOSIT SUCH MONEY COLLECTED  FOR  VIOLATIONS  OF  SECTION  ELEVEN
HUNDRED  SEVENTY-FOUR  OF  THIS  CHAPTER TO THE CREDIT OF THE SCHOOL BUS
MOTORIST EDUCATION FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-I OF
THE STATE FINANCE LAW.  The crime victim assistance fee provided for  in
subdivision  one of this section shall be paid to the clerk of the court
or administrative tribunal that  rendered  the  conviction.  Within  the
first  ten  days  of  the month following collection of the crime victim
assistance fee, the collecting authority shall determine the  amount  of
crime  victim  assistance  fee collected and, if it is an administrative
tribunal or a town or village justice court, it shall pay such money  to
the state comptroller who shall deposit such money in the state treasury
pursuant  to  section one hundred twenty-one of the state finance law to
the credit of the criminal justice improvement  account  established  by
section ninety-seven-bb of the state finance law.
  S  3. Subdivision 1 of section 3650 of the education law is amended by
adding a new paragraph f to read as follows:
  F. AWARD AND DISTRIBUTE GRANTS, FOLLOWING APPROPRIATION BY THE  LEGIS-
LATURE  WHICH APPROPRIATION MAY INCLUDE FUNDS OF THE SCHOOL BUS MOTORIST
EDUCATION FUND ESTABLISHED PURSUANT  TO  SECTION  EIGHTY-NINE-I  OF  THE
STATE FINANCE LAW, FOR THE STUDY OF ISSUES INVOLVING THE ILLEGAL PASSING
OF  STOPPED  SCHOOL  BUSES,  THE  DEVELOPMENT OF PROPOSALS TO REDUCE THE
NUMBER OF MOTORISTS PASSING SCHOOL BUSES IN VIOLATION OF SECTION  ELEVEN
HUNDRED  SEVENTY-FOUR  OF  THE  VEHICLE  AND TRAFFIC LAW, AND TO PROMOTE
SCHOOL BUS SAFETY.
  S 4. The state finance law is amended by adding a new section 89-i  to
read as follows:
  S  89-I.  THE  SCHOOL  BUS MOTORIST EDUCATION FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF  TAXATION  AND  FINANCE  A FUND KNOWN AS THE SCHOOL BUS
MOTORIST EDUCATION FUND.
  2. SUCH FUND SHALL CONSIST OF MONIES RECEIVED BY THE  STATE  FROM  ANY
COURT  OF  THE UNIFIED COURT SYSTEM PURSUANT TO SECTION EIGHTEEN HUNDRED
NINE OF THE VEHICLE AND TRAFFIC LAW FOR  VIOLATIONS  OF  SECTION  ELEVEN
HUNDRED  SEVENTY-FOUR  OF  SUCH  LAW, AND ALL OTHER FINES, FEES, GRANTS,
BEQUESTS OR OTHER MONIES CREDITED, APPROPRIATED OR  TRANSFERRED  THERETO
FROM ANY OTHER FUND OR SOURCE.
  3.  (A)  FIFTY  PERCENT OF THE MONIES OF THE FUND, FOLLOWING APPROPRI-
ATION BY THE LEGISLATURE, SHALL BE MADE AVAILABLE TO THE  STATE  COMPRE-
HENSIVE  SCHOOL  BUS DRIVER SAFETY TRAINING COUNCIL FOR THE STUDY OF THE
ILLEGAL PASSING OF STOPPED SCHOOL BUSES BY MOTORISTS, AND  THE  DEVELOP-
MENT OF PROPOSALS TO REDUCE THE NUMBER OF MOTORISTS PASSING SCHOOL BUSES
IN  VIOLATION  OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND
TRAFFIC LAW.
  (B) THE REMAINING FIFTY PERCENT OF THE MONIES OF SUCH  FUND  SHALL  BE
MADE  AVAILABLE  TO  THE DEPARTMENT OF MOTOR VEHICLES FOR THE DESIGN AND
IMPLEMENTATION,  IN  CONJUNCTION  WITH  THE  GOVERNOR'S  TRAFFIC  SAFETY

A. 458                              3

COMMITTEE, THE DEPARTMENTS OF EDUCATION AND TRANSPORTATION, THE DIVISION
OF THE STATE POLICE, AND THE STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFE-
TY  TRAINING  COUNCIL,  OF A PUBLIC EDUCATION PROGRAM TO FURTHER EDUCATE
MOTORISTS OF THE DANGERS OF PASSING A SCHOOL BUS IN VIOLATION OF SECTION
ELEVEN  HUNDRED  SEVENTY-FOUR  OF THE VEHICLE AND TRAFFIC LAW, TO REDUCE
THE NUMBER OF SUCH INCIDENTS, AND TO PROMOTE SCHOOL BUS SAFETY.
  4. THE MONIES OF THE FUND MADE AVAILABLE PURSUANT TO PARAGRAPH (A)  OF
SUBDIVISION  THREE  OF  THIS  SECTION SHALL BE PAID OUT ON THE AUDIT AND
WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED  AND  CERTIFIED  BY  THE
COMMISSIONER  OF EDUCATION. THE MONIES OF THE FUND MADE AVAILABLE PURSU-
ANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION SHALL BE  PAID
OUT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND
CERTIFIED BY THE COMMISSIONER OF MOTOR VEHICLES. AT THE END OF EACH YEAR
ANY MONIES REMAINING IN THE FUND SHALL BE RETAINED IN THE FUND AND SHALL
NOT  REVERT TO THE GENERAL FUND. THE INTEREST AND INCOME EARNED ON MONEY
IN THE FUND, AFTER DEDUCTING ANY APPLICABLE CHARGES, SHALL  BE  CREDITED
TO THE FUND.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

assembly Bill A691

2015-2016 Legislative Session

Provides a tax deduction for the installation of mechanical insulation property

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 ways and means
Jan 07, 2015 referred to ways and means

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A691 - Bill Details

See Senate Version of this Bill:
S4766
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §§208 & 612, Tax L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A4414, S2499
2011-2012: A6679, S4192

A691 - Bill Texts

view summary

Provides a tax deduction for the installation of mechanical insulation property in any taxable year; provides that such deduction shall be for the lesser of 30% of the cost of such property or the excess in energy savings provided by such property.

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

                                   691

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on Ways and Means

AN  ACT  to  amend the tax law, in relation to providing a tax deduction
  for the installation of mechanical insulation property

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

  Section  1.  Paragraph  (a) of subdivision 9 of section 208 of the tax
law is amended by adding a new subparagraph 20 to read as follows:
  (20) THE APPLICABLE PERCENTAGE OF THE COST  OF  MECHANICAL  INSULATION
PROPERTY  INSTALLED  IN  REAL  PROPERTY LOCATED IN THIS STATE DURING THE
TAXABLE YEAR.
  (A) DEFINITIONS. FOR PURPOSES  OF  THIS  SUBPARAGRAPH,  THE  FOLLOWING
DEFINITIONS  SHALL  APPLY:  (I)  "APPLICABLE  PERCENTAGE" SHALL MEAN THE
LESSER OF: (I) THIRTY PERCENT OF THE COST OF THE  MECHANICAL  INSULATION
PROPERTY PLACED IN SERVICE; OR (II) THE EXCESS, IF ANY, OF (A) THE ENER-
GY  SAVINGS, EXPRESSED AS A PERCENTAGE, OBTAINED BY PLACING SUCH MECHAN-
ICAL INSULATION PROPERTY IN SERVICE  IN  CONNECTION  WITH  A  MECHANICAL
SYSTEM,  OVER  (B)  THE  ENERGY SAVINGS, EXPRESSED AS A PERCENTAGE, SUCH
PROPERTY IS REQUIRED  TO  MEET  BY  STANDARD  90.1-2007,  DEVELOPED  AND
PUBLISHED BY THE AMERICAN SOCIETY OF HEATING, REFRIGERATING AND AIR-CON-
DITIONING ENGINEERS.
  (II)  "COST"  SHALL  MEAN (I) THE AMOUNTS PAID DURING THE TAXABLE YEAR
FOR THE PURCHASE OF MECHANICAL INSULATION  PROPERTY  THAT  IS  INSTALLED
DURING  THE  TAXABLE  YEAR  AND (II) LABOR COSTS PAID DURING THE TAXABLE
YEAR THAT ARE  PROPERLY  ALLOCABLE  TO  THE  PREPARATION,  ASSEMBLY  AND
INSTALLATION  OF  MECHANICAL  INSULATION PROPERTY; PROVIDED, HOWEVER, IN
THE CASE OF REMOVAL AND DISPOSAL OF THE OLD MECHANICAL INSULATION  PROP-
ERTY, COST SHALL MEAN THIRTY PERCENT OF THE COST FOR PURCHASE OF THE NEW
MECHANICAL  INSULATION  PROPERTY,  AND  PROVIDED,  FURTHER,  THAT IF THE
TAXPAYER CLAIMS THE EXCLUSION PROVIDED BY THIS SUBPARAGRAPH THE TAXPAYER
SHALL EXCLUDE ALL AMOUNTS INCLUDED IN THE EXCLUSION COMPUTATION PURSUANT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04634-01-5

A. 691                              2

TO THIS SUBPARAGRAPH  FROM  THE  COMPUTATION  OF  ANY  OTHER  EXCLUSION,
DEDUCTION  OR  CREDIT  PROVIDED BY THIS CHAPTER. THE TERM COST SHALL NOT
INCLUDE ANY AMOUNT PROPERLY ATTRIBUTABLE TO MAINTENANCE.
  (III)  "MECHANICAL  INSULATION PROPERTY" SHALL MEAN INSULATION MATERI-
ALS, FACINGS AND ACCESSORY PRODUCTS (I) PLACED IN SERVICE IN  CONNECTION
WITH  A  MECHANICAL SYSTEM WHICH IS LOCATED IN THE STATE OF NEW YORK AND
IS OF A CHARACTER SUBJECT TO AN ALLOWANCE  FOR  DEPRECIATION;  AND  (II)
UTILIZED  FOR  THERMAL, ACOUSTICAL AND PERSONNEL SAFETY REQUIREMENTS FOR
MECHANICAL PIPING AND EQUIPMENT, HOT AND COLD APPLICATIONS, AND HEATING,
VENTING AND AIR CONDITIONING APPLICATIONS WHICH CAN BE USED IN A VARIETY
OF FACILITIES.
  (B) FOR THE PURPOSES OF THIS SUBPARAGRAPH,  ENERGY  SAVINGS  SHALL  BE
COMPUTED  PURSUANT TO THE REGULATIONS PROMULGATED BY THE COMMISSIONER OF
THE DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  IN  CONSULTATION  WITH
NYSERDA.
  S 2. Subsection (c) of section 612 of the tax law is amended by adding
a new paragraph 27 to read as follows:
  (27)  THE  APPLICABLE  PERCENTAGE OF THE COST OF MECHANICAL INSULATION
PROPERTY INSTALLED IN REAL PROPERTY LOCATED IN  THIS  STATE  DURING  THE
TAXABLE YEAR.
  (A)  DEFINITIONS.  FOR PURPOSES OF THIS PARAGRAPH, THE FOLLOWING DEFI-
NITIONS SHALL APPLY:
  (I) "APPLICABLE PERCENTAGE" SHALL MEAN THE LESSER OF:
  (I) THIRTY PERCENT OF THE COST OF THE MECHANICAL  INSULATION  PROPERTY
PLACED IN SERVICE; OR
  (II)  THE  EXCESS,  IF  ANY, OF (A) THE ENERGY SAVINGS, EXPRESSED AS A
PERCENTAGE, OBTAINED BY PLACING SUCH MECHANICAL INSULATION  PROPERTY  IN
SERVICE  IN  CONNECTION  WITH  A  MECHANICAL SYSTEM, OVER (B) THE ENERGY
SAVINGS, EXPRESSED AS A PERCENTAGE, SUCH PROPERTY IS REQUIRED TO MEET BY
STANDARD 90.1-2007, DEVELOPED AND PUBLISHED BY THE AMERICAN  SOCIETY  OF
HEATING, REFRIGERATING AND AIR-CONDITIONING ENGINEERS.
  (II)  "COST"  SHALL  MEAN (I) THE AMOUNTS PAID DURING THE TAXABLE YEAR
FOR THE PURCHASE OF MECHANICAL INSULATION  PROPERTY  THAT  IS  INSTALLED
DURING  THE TAXABLE YEAR, AND (II) FOR LABOR COSTS PAID DURING THE TAXA-
BLE YEAR THAT ARE PROPERLY ALLOCABLE TO THE  PREPARATION,  ASSEMBLY  AND
INSTALLATION  OF  MECHANICAL  INSULATION PROPERTY, PROVIDED, HOWEVER, IN
THE CASE OF REMOVAL AND DISPOSAL OF THE OLD MECHANICAL INSULATION  PROP-
ERTY, COST SHALL MEAN THIRTY PERCENT OF THE COST FOR PURCHASE OF THE NEW
MECHANICAL  INSULATION  PROPERTY,  AND  PROVIDED,  FURTHER,  THAT IF THE
TAXPAYER CLAIMS THE EXCLUSION PROVIDED BY THIS SUBPARAGRAPH THE TAXPAYER
SHALL EXCLUDE ALL AMOUNTS INCLUDED IN THE EXCLUSION COMPUTATION PURSUANT
TO THIS SUBPARAGRAPH  FROM  THE  COMPUTATION  OF  ANY  OTHER  EXCLUSION,
DEDUCTION  OR  CREDIT  PROVIDED BY THIS CHAPTER. THE TERM COST SHALL NOT
INCLUDE ANY AMOUNT PROPERLY ATTRIBUTABLE TO MAINTENANCE.
  (III) "MECHANICAL INSULATION PROPERTY" SHALL MEAN  INSULATION  MATERI-
ALS,  FACINGS AND ACCESSORY PRODUCTS (I) PLACED IN SERVICE IN CONNECTION
WITH A MECHANICAL SYSTEM WHICH IS LOCATED IN THE STATE OF NEW  YORK  AND
IS  OF  A  CHARACTER  SUBJECT TO AN ALLOWANCE FOR DEPRECIATION; AND (II)
UTILIZED FOR THERMAL, ACOUSTICAL AND PERSONNEL SAFETY  REQUIREMENTS  FOR
MECHANICAL PIPING AND EQUIPMENT, HOT AND COLD APPLICATIONS, AND HEATING,
VENTING AND AIR CONDITIONING APPLICATIONS WHICH CAN BE USED IN A VARIETY
OF FACILITIES.
  (B)  FOR  THE  PURPOSES  OF  THIS  PARAGRAPH,  ENERGY SAVINGS SHALL BE
COMPUTED PURSUANT TO THE REGULATIONS PROMULGATED BY THE COMMISSIONER  OF
THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  IN  CONSULTATION WITH
NYSERDA.

A. 691                              3

  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to taxable  years  commencing
on or after such effective date; provided, however, that effective imme-
diately, 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 S4788

2015-2016 Legislative Session

Establishes procedures related to home instruction

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to education
Apr 17, 2015 referred to education

Co-Sponsors

view additional co-sponsors

S4788 - Bill Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §§3210 & 3602-c, add §3229, Ed L

S4788 - Bill Texts

view summary

Establishes procedures related to home instruction to assist school authorities and parents.

view sponsor memo
BILL NUMBER:S4788

TITLE OF BILL: An act to amend the education law, in relation to home
instruction

PURPOSE: To clarify and modernize the procedures and standards
regarding home instruction

SUMMARY PROVISIONS: A new section 3229 of the Education Law is
created, to govern procedures and standards regarding home
instruction. Requirements include notice of intent to instruct at
home, submission of individualized home instruction plan to district,
required subjects in various grades, standard attendance requirements,
annual assessment requirements by either commercially published
norm-referenced achievement tests or by alternative evaluation in the
form of a written narrative, probation procedures if child's annual
assessment fails to meet minimum standard, and letter of substantial
equivalency verify compliance with this section.

JUSTIFICATION: Modifying the regulations on home instruction has the
potential to reduce administrative burdens for the local school
district, and the State Education Department, and the homeschooling
family while maintaining reporting requirements at the beginning and
end of each school year to ensure home instruction students are being
educated. The current regulations have been in effect for nearly 30
years. New York's regulations are now the most burdensome on school
officials and parents alike. Currently New York law requires parents
to submit documentation at least seven separate times throughout the
school year. Many rural school districts have had to contract out to
their local board of cooperative educational services for the
administration-of the home instruction documentation that is required
to be submitted. School districts deserye to see a decrease in the
burden on administering the paperwork for homeschool families.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the first day of July
next succeeding the date on 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
________________________________________________________________________

                                  4788

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 17, 2015
                               ___________

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

AN ACT to amend the education law, in relation to home instruction

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

  Section  1. Paragraph d of subdivision 2 of section 3210 of the educa-
tion law is amended to read as follows:
  d. Exception. In applying the foregoing requirements a minor  required
to  attend upon full time day instruction by the provisions of THIS part
[one of this article] may be permitted to attend for  a  shorter  school
day  or  for a shorter school year or for both, provided, [in accordance
with the regulations of the state education department,] the instruction
he OR SHE receives has been approved by the school authorities as  being
substantially  equivalent  in amount and quality to that required by the
provisions of THIS part [one of this article].  HOME  INSTRUCTION  OF  A
MINOR  THAT  IS  CONDUCTED IN ACCORDANCE WITH SECTION THREE THOUSAND TWO
HUNDRED TWENTY-NINE OF THIS PART SHALL BE DEEMED  TO  COMPLY  WITH  THIS
SECTION  AND  SUBDIVISION TWO OF SECTION THREE THOUSAND TWO HUNDRED FOUR
OF THIS PART.
  S 2. The education law is amended by adding a new section 3229 to read
as follows:
  S 3229. HOME INSTRUCTION. THE PURPOSE OF THIS SECTION IS TO  ESTABLISH
PROCEDURES TO ASSIST SCHOOL AUTHORITIES IN FULFILLING THEIR RESPONSIBIL-
ITY UNDER SUBDIVISION TWO OF SECTION THREE THOUSAND TWO HUNDRED FOUR AND
PARAGRAPH D OF SUBDIVISION TWO OF SECTION THREE THOUSAND TWO HUNDRED TEN
OF  THIS  PART AND TO ASSIST PARENTS WHO EXERCISE THEIR RIGHT TO PROVIDE
REQUIRED INSTRUCTION AT  HOME  TO  SUCH  STUDENTS  IN  FULFILLING  THEIR
RESPONSIBILITIES  PURSUANT  TO SUBDIVISION TWO OF SECTION THREE THOUSAND
TWO HUNDRED TWELVE OF THIS PART.   COMPLIANCE WITH THIS  SECTION  DEMON-
STRATES  THE COMPETENCY OF THE INSTRUCTOR AND VERIFIES THAT THE INSTRUC-
TION BEING PROVIDED AT HOME TO STUDENTS OF COMPULSORY SCHOOL  ATTENDANCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07873-01-5

S. 4788                             2

AGE  IS  SUBSTANTIALLY  EQUIVALENT  AS  REQUIRED  BY  SUBDIVISION TWO OF
SECTION THREE THOUSAND TWO HUNDRED FOUR OF  THIS  PART.  NOTWITHSTANDING
ANY  OTHER  PROVISION  OF  LAW, TO THE EXTENT THAT ANY PROVISION OF THIS
SECTION  IS  INCONSISTENT  WITH ANY OTHER LOCAL LAW, RULE OR REGULATION,
THE PROVISIONS OF THIS SECTION SHALL GOVERN AND BE CONTROLLING.
  1. NOTICE OF INTENTION TO INSTRUCT AT HOME.
  A. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH B  OF  THIS  SUBDIVISION,
PARENTS OR OTHER PERSONS IN PARENTAL RELATION TO A STUDENT OF COMPULSORY
SCHOOL  ATTENDANCE  AGE  SHALL  ANNUALLY  PROVIDE  WRITTEN NOTICE TO THE
SUPERINTENDENT OF SCHOOLS OF THEIR SCHOOL DISTRICT OF RESIDENCE OF THEIR
INTENTION TO EDUCATE THEIR CHILD AT HOME BY JULY FIRST  OF  EACH  SCHOOL
YEAR.  THE SCHOOL YEAR BEGINS JULY FIRST AND ENDS JUNE THIRTIETH FOR ALL
PURPOSES WITHIN THIS SECTION. THE CENTRAL OFFICE  OF  HOMESCHOOLING  MAY
RECEIVE  THE  NOTICE  OF  INTENT  AND  OTHER SUCH DOCUMENTATION FOR HOME
INSTRUCTION STUDENTS WHO RESIDE WITHIN NEW YORK CITY.
  B. PARENTS WHO DETERMINE TO COMMENCE HOME INSTRUCTION AFTER THE  START
OF  THE  SCHOOL  YEAR, OR WHO ESTABLISH RESIDENCE IN THE SCHOOL DISTRICT
AFTER THE START OF THE SCHOOL YEAR,  SHALL  PROVIDE  WRITTEN  NOTICE  OF
THEIR  INTENTION  TO  EDUCATE  THEIR  CHILD AT HOME WITHIN FOURTEEN DAYS
FOLLOWING  THE  COMMENCEMENT  OF  HOME  INSTRUCTION  WITHIN  THE  SCHOOL
DISTRICT.
  2.  PROCEDURES  FOR  DEVELOPMENT  AND REVIEW OF AN INDIVIDUALIZED HOME
INSTRUCTION PLAN (IHIP).
  A. WITHIN TEN BUSINESS DAYS OF THE RECEIPT OF THE NOTICE OF  INTENTION
TO  INSTRUCT  AT  HOME,  THE SCHOOL DISTRICT SHALL SEND TO THE PARENTS A
COPY OF THIS SECTION AND A FORM ON WHICH  TO  SUBMIT  AN  INDIVIDUALIZED
HOME INSTRUCTION PLAN (IHIP) FOR EACH CHILD OF COMPULSORY ATTENDANCE AGE
WHO IS TO BE TAUGHT AT HOME.
  B.  WITHIN  FOUR  WEEKS OF THE RECEIPT OF SUCH MATERIALS, OR BY AUGUST
FIFTEENTH, WHICHEVER IS LATER, THE PARENT SHALL SUBMIT A COMPLETED  IHIP
TO  THE SCHOOL DISTRICT. THE DISTRICT SHALL PROVIDE ASSISTANCE IN PREPA-
RATION OF THE FORMS, IF REQUESTED BY THE PARENTS. THE PARENTS MAY SUBMIT
THE IHIP ON THE SCHOOL DISTRICT FORM OR ON ANOTHER  FORM  THAT  INCLUDES
THE REQUIRED INFORMATION.
  C. WITHIN TEN BUSINESS DAYS OF RECEIPT OF THE IHIP, OR BY AUGUST THIR-
TY-FIRST,  WHICHEVER  IS  LATER, THE SCHOOL DISTRICT SHALL EITHER NOTIFY
THE PARENTS IN WRITING THAT THE IHIP COMPLIES WITH THE  REQUIREMENTS  OF
SUBDIVISIONS  THREE  AND  FOUR OF THIS SECTION OR SHALL GIVE THE PARENTS
WRITTEN NOTICE OF ANY DEFICIENCY IN THE IHIP.
  D. WITHIN FIFTEEN DAYS OF RECEIPT OF A NOTICE OF A DEFICIENCY  IN  THE
IHIP,  OR  BY SEPTEMBER FIFTEENTH, WHICHEVER IS LATER, THE PARENTS SHALL
SUBMIT A REVISED IHIP WHICH CORRECTS ANY SUCH DEFICIENCIES.
  E. THE SUPERINTENDENT OF SCHOOLS SHALL REVIEW  THE  REVISED  IHIP  AND
SHALL  NOTIFY  THE  PARENTS  IN  WRITING  AS TO WHETHER THE REVISED IHIP
COMPLIES WITH SUBDIVISIONS THREE AND FOUR OF THIS SECTION WITHIN FIFTEEN
DAYS OF RECEIPT OF THE REVISED IHIP OR BY SEPTEMBER THIRTIETH, WHICHEVER
IS LATER. IF THE REVISED IHIP IS DETERMINED NOT TO BE IN COMPLIANCE WITH
SUBDIVISIONS THREE AND FOUR OF THIS SECTION, THEN THE PARENTS  SHALL  BE
NOTIFIED  IN WRITING OF THE REASONS FOR SUCH DETERMINATION.  SUCH NOTICE
SHALL ALSO CONTAIN THE DATE OF THE NEXT REGULARLY SCHEDULED  MEETING  OF
THE  BOARD  OF  EDUCATION  THAT WILL BE HELD AT LEAST TEN DAYS AFTER THE
DATE OF MAILING OF THE NOTICE, AND SHALL INDICATE THAT  IF  THE  PARENTS
WISH  TO CONTEST THE DETERMINATION OF NONCOMPLIANCE, THE PARENTS MUST SO
NOTIFY THE BOARD OF EDUCATION AT LEAST THREE BUSINESS DAYS PRIOR TO SUCH
MEETING. AT SUCH BOARD MEETING, THE PARENTS  SHALL  HAVE  THE  RIGHT  TO

S. 4788                             3

PRESENT  PROOF  OF  COMPLIANCE,  AND THE BOARD OF EDUCATION SHALL MAKE A
FINAL DETERMINATION OF COMPLIANCE OR NONCOMPLIANCE.
  F.  THE  PARENTS  SHALL HAVE THE RIGHT TO APPEAL ANY SUCH FINAL SCHOOL
DISTRICT DETERMINATION OF NONCOMPLIANCE TO THE COMMISSIONER WITHIN THIR-
TY DAYS AFTER RECEIPT OF SUCH DETERMINATION.
  G. WHEN ADMINISTRATIVE REVIEW OF A SCHOOL  DISTRICT  DETERMINATION  OF
NONCOMPLIANCE  IS  COMPLETED,  THE PARENTS SHALL IMMEDIATELY PROVIDE FOR
THE INSTRUCTION OF THEIR CHILDREN AT A PUBLIC  SCHOOL  OR  ELSEWHERE  IN
COMPLIANCE WITH SECTIONS THREE THOUSAND TWO HUNDRED FOUR AND THREE THOU-
SAND  TWO  HUNDRED  TEN  OF THIS PART. FOR PURPOSES OF THIS SUBDIVISION,
SUCH ADMINISTRATIVE REVIEW SHALL BE DEEMED TO BE COMPLETED WHEN  ONE  OF
THE FOLLOWING EVENTS HAS OCCURRED:
  (1)  THE  PARENTS HAVE FAILED TO CONTEST A DETERMINATION OF NONCOMPLI-
ANCE BY APPEALING TO THE BOARD OF EDUCATION;
  (2) THE PARENTS HAVE FAILED TO APPEAL A FINAL SCHOOL DISTRICT DETERMI-
NATION OF NONCOMPLIANCE TO THE COMMISSIONER; OR
  (3) THE PARENTS HAVE RECEIVED A DECISION  OF  THE  COMMISSIONER  WHICH
UPHOLDS A FINAL SCHOOL DISTRICT DETERMINATION OF NONCOMPLIANCE.
  H. WITHIN TEN DAYS AFTER ADMINISTRATIVE REVIEW OF THE DETERMINATION OF
NONCOMPLIANCE IS COMPLETED, THE PARENTS SHALL FURNISH THE SUPERINTENDENT
OF  SCHOOLS  WITH  WRITTEN  NOTICE OF THE ARRANGEMENTS THEY HAVE MADE TO
PROVIDE THEIR CHILDREN WITH THE REQUIRED INSTRUCTION, EXCEPT  THAT  SUCH
NOTICE  SHALL  NOT BE REQUIRED IF THE PARENTS ENROLL THEIR CHILDREN IN A
PUBLIC SCHOOL.
  3. CONTENT  OF  INDIVIDUALIZED  HOME  INSTRUCTION  PLAN  (IHIP).  EACH
CHILD'S IHIP SHALL CONTAIN:
  A. THE CHILD'S NAME, AGE AND GRADE LEVEL;
  B.  A  LIST OF THE SYLLABI, CURRICULUM MATERIALS, TEXTBOOKS OR PLAN OF
INSTRUCTION TO BE USED IN EACH OF THE REQUIRED SUBJECTS LISTED IN SUBDI-
VISION FOUR OF THIS SECTION; AND
  C. THE NAMES OF THE INDIVIDUALS PROVIDING INSTRUCTION.
  IF THE HOME INSTRUCTION STUDENT WILL BE MEETING THE COMPULSORY  EDUCA-
TIONAL  REQUIREMENTS  OF SECTION THREE THOUSAND TWO HUNDRED FIVE OF THIS
PART THROUGH FULL-TIME STUDY AT A DEGREE-GRANTING INSTITUTION  THEN  THE
IHIP  SHALL IDENTIFY THE DEGREE-GRANTING INSTITUTION AND THE SUBJECTS TO
BE COVERED. FOR THE PURPOSE OF THIS SUBDIVISION  FULL-TIME  STUDY  AT  A
DEGREE-GRANTING  INSTITUTION  SHALL  MEAN ENROLLMENT FOR AT LEAST TWELVE
SEMESTER HOURS IN A SEMESTER.
  4. REQUIRED COURSES.   A. FOR PURPOSES OF  THIS  SUBDIVISION,  A  UNIT
MEANS  THE INSTRUCTIONAL EQUIVALENT OF SIXTY-FOUR HUNDRED EIGHTY MINUTES
OF INSTRUCTION PER SCHOOL YEAR.
  B. INSTRUCTION IN THE FOLLOWING SUBJECTS SHALL BE REQUIRED:
  (1) FOR GRADES ONE THROUGH SIX: ARITHMETIC, READING,  SPELLING,  WRIT-
ING,  THE  ENGLISH  LANGUAGE, GEOGRAPHY, UNITED STATES HISTORY, SCIENCE,
HEALTH EDUCATION, MUSIC,  VISUAL  ARTS,  PHYSICAL  EDUCATION,  BILINGUAL
EDUCATION  AND/OR  ENGLISH  AS A SECOND LANGUAGE WHERE THE NEED IS INDI-
CATED.
  (2) FOR GRADES SEVEN AND  EIGHT:  ENGLISH  (TWO  UNITS);  HISTORY  AND
GEOGRAPHY  (TWO  UNITS);  SCIENCE  (TWO UNITS); MATHEMATICS (TWO UNITS);
PHYSICAL EDUCATION (ON A REGULAR BASIS); HEALTH EDUCATION (ON A  REGULAR
BASIS); ART (ONE-HALF UNIT); MUSIC (ONE-HALF UNIT); PRACTICAL ARTS (ON A
REGULAR  BASIS);  AND  LIBRARY  SKILLS  (ON  A REGULAR BASIS). THE UNITS
REQUIRED IN THIS  SUBPARAGRAPH  ARE  CUMULATIVE  REQUIREMENTS  FOR  BOTH
GRADES SEVEN AND EIGHT.

S. 4788                             4

  (3)  THE  FOLLOWING  COURSES  SHALL BE TAUGHT AT LEAST ONCE DURING THE
FIRST EIGHT GRADES: UNITED STATES HISTORY, NEW YORK STATE  HISTORY,  AND
THE CONSTITUTIONS OF THE UNITED STATES AND NEW YORK STATE.
  (4)  FOR  GRADES  NINE  THROUGH  TWELVE:  ENGLISH (FOUR UNITS); SOCIAL
STUDIES (FOUR UNITS), WHICH INCLUDES ONE UNIT OF AMERICAN HISTORY,  ONE-
HALF  UNIT  IN PARTICIPATION IN GOVERNMENT, AND ONE-HALF UNIT OF ECONOM-
ICS; MATHEMATICS (TWO UNITS); SCIENCE (TWO UNITS); ART AND/OR MUSIC (ONE
UNIT); HEALTH EDUCATION (ONE-HALF UNIT); PHYSICAL EDUCATION (TWO UNITS);
AND THREE UNITS OF ELECTIVES. THE UNITS REQUIRED  IN  THIS  SUBPARAGRAPH
ARE CUMULATIVE REQUIREMENTS FOR GRADES NINE THROUGH TWELVE.
  (5)  THE FOLLOWING SUBJECTS ARE TO BE COVERED DURING GRADES KINDERGAR-
TEN THROUGH TWELVE:
  (I) PATRIOTISM AND CITIZENSHIP;
  (II) HEALTH EDUCATION REGARDING ALCOHOL, DRUG AND TOBACCO MISUSE;
  (III) HIGHWAY SAFETY AND TRAFFIC REGULATIONS, INCLUDING BICYCLE  SAFE-
TY; AND
  (IV) FIRE AND ARSON PREVENTION AND SAFETY.
  5.  ATTENDANCE  REQUIREMENTS. EACH CHILD SHALL ATTEND UPON INSTRUCTION
AS FOLLOWS: THE SUBSTANTIAL EQUIVALENT OF ONE  HUNDRED  EIGHTY  DAYS  OF
INSTRUCTION  SHALL BE PROVIDED EACH SCHOOL YEAR. THE CUMULATIVE HOURS OF
INSTRUCTION FOR GRADES ONE THROUGH SIX SHALL BE NINE HUNDRED  HOURS  PER
YEAR.  THE  CUMULATIVE  HOURS  OF  INSTRUCTION  FOR GRADES SEVEN THROUGH
TWELVE SHALL BE NINE HUNDRED NINETY HOURS PER YEAR.  ABSENCES  SHALL  BE
PERMITTED  ON  THE  SAME  BASIS  AS PROVIDED IN THE POLICY OF THE SCHOOL
DISTRICT FOR ITS OWN STUDENTS. RECORDS OF ATTENDANCE SHALL BE MAINTAINED
BY THE PARENT AND SHALL BE MADE AVAILABLE TO THE  SCHOOL  DISTRICT  UPON
REQUEST. INSTRUCTION PROVIDED AT A SITE OTHER THAN THE PRIMARY RESIDENCE
OF THE PARENTS SHALL BE PROVIDED IN A BUILDING WHICH HAS NOT BEEN DETER-
MINED TO BE IN VIOLATION OF THE LOCAL BUILDING CODE.
  6.  ANNUAL  ASSESSMENT.  THE PARENT SHALL FILE AN ANNUAL ASSESSMENT IN
ACCORDANCE WITH THIS SUBDIVISION BY JULY THIRTIETH.  THE ANNUAL  ASSESS-
MENT  SHALL  INCLUDE THE RESULTS OF A COMMERCIALLY PUBLISHED NORM-REFER-
ENCED ACHIEVEMENT TEST WHICH MEETS THE REQUIREMENTS OF  PARAGRAPH  A  OF
THIS  SUBDIVISION,  OR AN ALTERNATIVE FORM OF EVALUATION WHICH MEETS THE
REQUIREMENTS OF PARAGRAPH B OF THIS SUBDIVISION.
  A. COMMERCIALLY PUBLISHED NORM-REFERENCED ACHIEVEMENT TESTS.
  (1) THE TEST SHALL BE SELECTED BY THE PARENT FROM ONE OF  THE  FOLLOW-
ING:  A  NATIONALLY  STANDARDIZED  ACHIEVEMENT  TEST,  A STATE EDUCATION
DEPARTMENT TEST, OR ANOTHER TEST APPROVED BY THE STATE EDUCATION DEPART-
MENT.
  (2) THE TEST SHALL BE ADMINISTERED  IN  ACCORDANCE  WITH  ONE  OF  THE
FOLLOWING OPTIONS, TO BE SELECTED BY THE PARENTS:
  (I) AT THE PUBLIC SCHOOL, BY ITS PROFESSIONAL STAFF;
  (II)  AT  A  REGISTERED  NONPUBLIC  SCHOOL, BY ITS PROFESSIONAL STAFF,
PROVIDED THAT THE CONSENT OF THE CHIEF SCHOOL OFFICER OF  THE  NONPUBLIC
SCHOOL IS OBTAINED;
  (III)  AT A NONREGISTERED NONPUBLIC SCHOOL, BY ITS PROFESSIONAL STAFF,
PROVIDED THAT THE CONSENT OF THE CHIEF SCHOOL OFFICER OF  THE  NONPUBLIC
SCHOOL IS OBTAINED; OR
  (IV)  AT  THE  PARENTS' HOME OR AT ANY OTHER REASONABLE LOCATION, BY A
NEW YORK STATE-CERTIFIED TEACHER OR BY ANOTHER QUALIFIED PERSON. A QUAL-
IFIED PERSON IS ANYONE WHO HAS MET  THE  TEST  PUBLISHER'S  CRITERIA  TO
ADMINISTER THE TEST.
  (3)  THE  TEST  SHALL  BE  SCORED  BY  A TESTING SERVICE CHOSEN BY THE
PARENT.

S. 4788                             5

  (4) THE TEST SHALL BE PROVIDED BY THE SCHOOL DISTRICT UPON REQUEST  BY
THE  PARENT, PROVIDED THAT THE COST OF ANY TESTING FACILITIES, TRANSPOR-
TATION, AND/OR PERSONNEL FOR TESTING CONDUCTED AT A LOCATION OTHER  THAN
THE PUBLIC SCHOOL SHALL BE BORNE BY THE PARENT.
  (5)  IF  A SCORE ON A TEST IS DETERMINED TO BE INADEQUATE, THE PROGRAM
SHALL BE PLACED ON PROBATION  PURSUANT  TO  SUBDIVISION  SEVEN  OF  THIS
SECTION.  A STUDENT'S SCORE SHALL BE DEEMED ADEQUATE IF: THE STUDENT HAS
A COMPOSITE SCORE ABOVE THE TWENTY-THIRD PERCENTILE ON  NATIONAL  NORMS;
OR  THE STUDENT'S SCORE REFLECTS ONE ACADEMIC YEAR OF GROWTH AS COMPARED
TO A TEST ADMINISTERED DURING OR SUBSEQUENT TO THE PRIOR SCHOOL YEAR.
  B. ALTERNATIVE EVALUATION METHODS. AN ALTERNATIVE FORM  OF  EVALUATION
SHALL  BE  PERMITTED TO BE CHOSEN BY THE PARENT ONLY AS FOLLOWS: (1) FOR
GRADES ONE THROUGH THREE, A WRITTEN NARRATIVE PREPARED BY A PERSON SPEC-
IFIED IN THIS PARAGRAPH; (2) FOR GRADES FOUR THROUGH TWELVE,  A  WRITTEN
NARRATIVE  PREPARED BY A PERSON SPECIFIED IN THIS PARAGRAPH. THIS ALTER-
NATIVE FORM OF EVALUATION MAY BE USED NO MORE  OFTEN  THAN  EVERY  OTHER
SCHOOL  YEAR  FOR  THESE GRADES; (3) FOR THE PURPOSES OF THIS PARAGRAPH,
THE PERSON WHO PREPARES THE  WRITTEN  NARRATIVE  SHALL  BE  A  NEW  YORK
STATE-CERTIFIED  TEACHER, A HOME INSTRUCTION PEER GROUP REVIEW PANEL, OR
OTHER PERSON, WHO HAS INTERVIEWED THE CHILD AND REVIEWED A PORTFOLIO  OF
THE  CHILD'S  WORK.  SUCH PERSON SHALL CERTIFY EITHER THAT THE CHILD HAS
MADE ADEQUATE ACADEMIC PROGRESS OR THAT THE CHILD  HAS  FAILED  TO  MAKE
ADEQUATE  PROGRESS.  IN  THE  EVENT  THAT  SUCH CHILD HAS FAILED TO MAKE
ADEQUATE PROGRESS, THE HOME  INSTRUCTION  PROGRAM  SHALL  BE  PLACED  ON
PROBATION  PURSUANT  TO SUBDIVISION SEVEN OF THIS SECTION. THE CERTIFIED
TEACHER, PEER REVIEW PANEL OR  OTHER  PERSON  SHALL  BE  CHOSEN  BY  THE
PARENT. ANY RESULTING COST SHALL BE BORNE BY THE PARENT.
  C.  IF  A DISPUTE ARISES BETWEEN THE PARENTS AND THE SUPERINTENDENT OF
SCHOOLS, INCLUDING DISPUTES OVER THE ADMINISTRATION OF THE  COMMERCIALLY
PUBLISHED  NORM-REFERENCED  ACHIEVEMENT  TEST  OR THE USE OF ALTERNATIVE
EVALUATION METHODS, THE PARENTS MAY APPEAL TO THE BOARD OF EDUCATION. IF
THE PARENTS DISAGREE WITH THE DETERMINATION OF THE BOARD  OF  EDUCATION,
THE PARENTS MAY APPEAL TO THE COMMISSIONER WITHIN THIRTY DAYS OF RECEIPT
OF THE BOARD'S FINAL DETERMINATION.
  7.  PROBATION.  A. IF A CHILD'S ANNUAL ASSESSMENT FAILS TO COMPLY WITH
THE REQUIREMENTS OF THIS SUBDIVISION, THE HOME INSTRUCTION PROGRAM SHALL
BE PLACED ON PROBATION FOR A PERIOD OF  UP  TO  TWO  SCHOOL  YEARS.  THE
PARENT SHALL BE REQUIRED TO SUBMIT A PLAN OF REMEDIATION WHICH ADDRESSES
THE  DEFICIENCIES  IN  THE CHILD'S ACHIEVEMENT, AND SEEKS TO REMEDY SUCH
DEFICIENCIES. THE PLAN SHALL BE REVIEWED BY  THE  SCHOOL  DISTRICT.  THE
SCHOOL  DISTRICT  MAY  REQUIRE  THE  PARENTS TO MAKE CHANGES IN THE PLAN
PRIOR TO ACCEPTANCE.
  B. IF AFTER THE END OF ANY SEMESTER OF THE  PROBATIONARY  PERIOD,  THE
CHILD  PROGRESSES  TO  THE LEVEL SPECIFIED IN THE REMEDIATION PLAN, THEN
THE HOME INSTRUCTION PROGRAM SHALL BE REMOVED  FROM  PROBATION.  IF  THE
CHILD  DOES  NOT  ATTAIN AT LEAST SEVENTY-FIVE PERCENT OF THE OBJECTIVES
SPECIFIED IN THE REMEDIATION PLAN AT THE END OF ANY GIVEN SEMESTER WITH-
IN THE PERIOD OF PROBATION, OR IF  AFTER  TWO  YEARS  ON  PROBATION  ONE
HUNDRED  PERCENT OF THE OBJECTIVES OF THE REMEDIATION PLAN HAVE NOT BEEN
SATISFIED, THE SUPERINTENDENT OF SCHOOLS SHALL PROVIDE THE PARENTS  WITH
NOTICE  AND  THE  BOARD  OF  EDUCATION SHALL REVIEW THE DETERMINATION OF
NONCOMPLIANCE IN ACCORDANCE WITH THIS PARAGRAPH, EXCEPT THAT CONSENT  OF
THE PARENTS TO SUCH REVIEW SHALL NOT BE REQUIRED.
  8.  LETTER  OF SUBSTANTIAL EQUIVALENCY.   THE RESIDENT SCHOOL DISTRICT
SHALL CERTIFY IN WRITING WHEN A STUDENT TAUGHT  AT  HOME  HAS  COMPLETED
THEIR  HOME  INSTRUCTION  PROGRAM  IN COMPLIANCE WITH THIS SECTION. THIS

S. 4788                             6

LETTER SHALL VERIFY COMPLIANCE WITH  THIS  SECTION  AND  THAT  THE  HOME
INSTRUCTION PROGRAM WAS THEREFORE SUBSTANTIALLY EQUIVALENT IN COMPLIANCE
WITH  SUBDIVISION TWO OF SECTION THREE THOUSAND TWO HUNDRED FOUR OF THIS
PART.   ANY STUDENT WHO COMPLETES A HOME INSTRUCTION PROGRAM BEFORE THEY
TURN TWENTY-ONE CAN REQUEST  THIS  LETTER  FROM  THEIR  RESIDENT  SCHOOL
DISTRICT. EACH SCHOOL DISTRICT MUST MAINTAIN THE DOCUMENTATION NECESSARY
TO VERIFY COMPLETION OF THE HOME INSTRUCTION PROGRAM FOR SIX YEARS.
  S  3. Subdivision 2-c of section 3602-c of the education law, as added
by chapter 217 of the laws of 2008, is amended to read as follows:
  2-c. Solely for the purpose of the provision of education for students
with disabilities pursuant to this section and the computation of  state
aid  for  such  education  pursuant to section thirty-six hundred two of
this article, a student in a home instruction program submitted  by  his
or her parent or person in parental relation for review pursuant to [the
regulations  of  the  commissioner]  SECTION  THREE THOUSAND TWO HUNDRED
TWENTY-NINE OF THIS ARTICLE shall be deemed to be a student enrolled  in
and  attending  a nonpublic school eligible to receive services pursuant
to subdivision two of this section; provided that such student is  enti-
tled to attend the public schools without payment of tuition pursuant to
subdivision  one  of  section thirty-two hundred two of this chapter and
has an individualized home instruction plan that has been determined  by
the  superintendent  of schools of the school district in which the home
school is located to be  in  compliance  with  the  regulations  of  the
commissioner.  The  deadlines for submission of written requests for the
education of students with disabilities set forth in subdivision two  of
this  section  shall  apply  to  students in a home instruction program,
except that such request may be submitted within thirty days of a change
in the  student's  school  district  of  residence;  provided  that  for
services  in  the two thousand eight--two thousand nine school year only
such written requests for students in a home instruction  program  shall
be  submitted  by  June  thirtieth, two thousand eight, or within thirty
days after the effective date of [this subdivision] CHAPTER TWO  HUNDRED
SEVENTEEN  OF THE LAWS OF TWO THOUSAND EIGHT, whichever is later, except
where subdivision two of this section  or  this  subdivision  authorizes
submission  at  a later date.  Except as provided in this subdivision, a
home school shall not be considered a nonpublic  school  for  any  other
purpose under this chapter.
  S  4.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

senate Bill S1881

2015-2016 Legislative Session

Permits employees of authorized organizations to operate games of chance

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 racing, gaming and wagering
Jan 15, 2015 referred to racing, gaming and wagering

Co-Sponsors

S1881 - Bill Details

See Assembly Version of this Bill:
A8175
Current Committee:
Senate Racing, Gaming And Wagering
Law Section:
General Municipal Law
Laws Affected:
Amd §§189 & 195-c, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1962, A2679
2011-2012: S4150, A6485

S1881 - Bill Texts

view summary

Permits employees of authorized organizations to operate games of chance.

view sponsor memo
BILL NUMBER:S1881

TITLE OF BILL: An act to amend the general municipal law, in relation
to employees of authorized organizations operating games of chance

PURPOSE:

To allow employees of authorized organizations such as the American
Legion to participate in the management of games of chance.

SUMMARY OF PROVISIONS:

Currently only members of the American Legion or members of the
Auxiliary or Sons of American Legion if they have their ID numbers,
can sell tickets for games of chance. This legislation would allow
employees of the licensed authorized organization, its auxiliary or
affiliated organization to participate in the operation of such game.
No person other than an employee would receive any remuneration for
participating in the management or operation of any such game. The
head or heads of the authorized organization shall upon request
certify, under oath, that the persons operating any game of chance are
bona fide members or employees of such authorized organization,
auxiliary or affiliated organization.

JUSTIFICATION:

The age of the average member of organizations such as the American
Legion and Veterans of Foreign Wars has increased dramatically in
recent years. This has necessitated the hiring of employees who are
not members to assist in the daily running of these organizations to
perform jobs such as bartending. Tickets for games of chance are
regularly sold at such organizations as a means of fundraising and
since only members are allowed to sell these tickets, when a member is
not available they cannot be sold.

LEGISLATIVE HISTORY:

2011-12 S.4150/Rules Committee/A. 6485/Racing Committee.
2013-14 S.1962/Racing Committee/A. 2679/Racing Committee.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate.

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

                                  1881

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Racing, Gaming and  Wager-
  ing

AN  ACT  to amend the general municipal law, in relation to employees of
  authorized organizations operating games of chance

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

  Section 1. Subdivisions 10 and 11 of section 189 of the general munic-
ipal  law, as amended by chapter 574 of the laws of 1978, are amended to
read as follows:
  10. No person except a bona fide member OR EMPLOYEE  of  the  licensed
authorized  organization  shall  participate  in  the management of such
games; no person except a bona fide member OR EMPLOYEE of  the  licensed
authorized organization, its auxiliary or affiliated organization, shall
participate  in  the operation of such game, as set forth in section one
hundred ninety-five-c of this article.
  11. No person OTHER THAN AN EMPLOYEE shall  receive  any  remuneration
for participating in the management or operation of any such game.
  S 2. Section 195-c of the general municipal law, as amended by chapter
252 of the laws of 1998, is amended to read as follows:
  S  195-c.  [1.]  Persons operating games; equipment; expenses; compen-
sation.  1. No person shall operate any game of chance under any license
issued under this article except a bona fide member OR EMPLOYEE  of  the
authorized  organization  to which the license is issued, or a bona fide
member OR EMPLOYEE of an organization or association which is an  auxil-
iary  to  the licensee or a bona fide member OR EMPLOYEE of an organiza-
tion or association of which such licensee is an  auxiliary  or  a  bona
fide  member  OR  EMPLOYEE  of  an  organization or association which is
affiliated with the licensee by being, with  it,  auxiliary  to  another
organization  or association. Nothing herein shall be construed to limit
the number of games of chance licensees for whom such persons may  oper-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07056-01-5

S. 1881                             2

ate  games  of  chance  nor to prevent non-members OR NON-EMPLOYEES from
assisting the licensee in any activity other than managing or  operating
games.  No  game  of chance shall be conducted with any equipment except
such  as  shall  be  owned  or  leased by the authorized organization so
licensed or used without payment of any  compensation  therefor  by  the
licensee.  However,  in  no  event shall bell jar tickets be transferred
from one authorized organization to another, with or without payment  of
any  compensation thereof. The head or heads of the authorized organiza-
tion shall upon request certify, under oath, that the persons  operating
any game of chance are bona fide members OR EMPLOYEES of such authorized
organization,  auxiliary  or affiliated organization. Upon request by an
officer or the department any such person  involved  in  such  games  of
chance  shall certify that he or she has no criminal record. No items of
expense shall be incurred or paid in connection with the  conducting  of
any  game  of  chance  pursuant to any license issued under this article
except those that are reasonable and are necessarily expended for  games
of  chance  supplies  and  equipment, prizes, security personnel, stated
rental if any, bookkeeping or accounting services according to a  sched-
ule  of  compensation  prescribed  by the board, janitorial services and
utility supplies if any, and license fees, and the cost of bus transpor-
tation, if authorized by such clerk or department. No commission,  sala-
ry,  compensation,  reward  or  recompense shall be paid or given to any
person OTHER THAN AN EMPLOYEE for the sale or assisting with the sale of
raffle tickets.
  2. For the purpose of the sale of tickets for the game of raffle,  the
term  "operate" shall not include the sale of such tickets by persons of
lineal or collateral consanguinity to members of an authorized organiza-
tion licensed to conduct a raffle.
  S 3. This act shall take effect immediately.

K689

Memorializing Governor Andrew M. Cuomo to proclaim Wednesday, June 24, 2015, as Saint-Jean-Baptiste Day in the State of New York

download pdf

Sponsor

text

K689


LEGISLATIVE RESOLUTION memorializing Governor Andrew M. Cuomo to
proclaim Wednesday, June 24, 2015, as Saint-Jean-Baptiste Day in the
State of New York

WHEREAS, Attendant to that shared patrimony of culture and endeavor
which so clearly identifies the Heritage of Americans of French-Canadian
ancestry, it is the sense of this Legislative Body to memorialize Gover-
nor Andrew M. Cuomo to proclaim Wednesday, June 24, 2015, as Saint-Jean-
Baptiste Day in the State of New York; and
WHEREAS, This Legislative Body is justly proud of its unyielding
effort to sustain and to yet strengthen that endowment of mutual trust
and unparalleled cooperation which is the shared history of the United
States and the beloved Nation of Canada; and
WHEREAS, With commensurate regard for those thousands of Americans of
French-Canadian ancestry residing in the State of New York, it is the
sense of this Legislative Body to urge the proclamation of Saint-Jean-
Baptiste Day on June 24, 2015, as a day specifically commemorating that
patrimony of religious and cultural identification which is the living
endowment of the French-Canadian people; and
WHEREAS, The French have celebrated the Feast Day of La Saint-Jean-
Baptiste (St. John the Baptist Day) since the early days of French
settlement in North America, and have recognized this day as their
national holiday; and
WHEREAS, The French-Canadian people have so manifestly contributed to
the cause of America's freedom in both war and peace; and
WHEREAS, Quebec and the State of New York have long shared a common
border, a border not of division but of designation, indicating where
one experiment in democracy begins and another continues; and
WHEREAS, The history of the French-Canadian people constitutes a
chronology of compelling dimension; it veritably records and catalogues
the adherence to those principles of spirit and endeavor which, taken in
their entirety, that is, in light of French history, proclaim and yet
foster the brotherhood of man; and
WHEREAS, La Federation Franco-Americaine du New York has so assiduous-
ly labored to preserve, to promote and to yet enhance the cultural
Heritage of Americans of French-Canadian ancestry; and
WHEREAS, La Federation Franco-Americaine is the living estuary to an
indomitable Heritage, to a Heritage distinguished by an unquenchable
yearning for freedom; from its broad basin of promulgation and inquiry
emanate the current of tradition and the irrepressible tide of freedom;
and
WHEREAS, Through its unyielding commitment to Americans of French-Ca-
nadian extraction, to those whose dream most clearly defines, in the
immediacy and clarity of its goals, the full promise of our American
experience, La Federation Franco-Americaine has given renewed and imper-
ishable hope to so many; and
WHEREAS, Franco-Canadians have played an important part in the history
of New York State for over 400 years, since the discovery of Lake George
- originally named Lac du Saint-Sacrement - by Father Isaac Jogues, the
discovery of Niagara Falls by La Salle, and the exploration of the
Niagara region by Joliet and Hennepin; the French presence in New York
State is reflected not only by the many French place-names such as Ausa-
ble Forks, Chazy, Champlain, Rouses Point, and Chautauqua County, among
others, but in more than 200,000 French patronyms of the citizens of New
York State; and
WHEREAS, The French fought beside New Yorkers in the American Revo-
lution under Brigadier General Moses Hazen, where over 2,000 of them

served in the Civil War and many served in every other major conflict in
which New Yorkers have been called to serve; and
WHEREAS, The thousands of French-Canadian immigrants coming to New
York between 1850 and 1920 have been key participants in the industrial
revolution that ensured the economic development of this Empire State;
in due time, these immigrants became American citizens and eventually
were known as "Franco-Americans" because of their new and definite poli-
tical allegiance to the United States of America, making many economic,
civic, educational and religious contributions to New York State; and
WHEREAS, It is the sense of this Legislative Body that the Americans
of French-Canadian ancestry have so manifestly contributed to the pres-
ervation, enhancement and effectuation of that patrimony of freedom
which is our American Heritage; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
memorialize Governor Andrew M. Cuomo to proclaim June 24, 2015, as
Saint-Jean-Baptiste Day in the State of New York; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to The Honorable Andrew M. Cuomo, Governor of the State of New
York, and to Bernard Ouimet, President, Saint-Jean-Baptiste Day Commit-
tee of La Federation Franco-Americaine du New York.

actions

  • 10 / Jun / 2015
    • REFERRED TO CALENDAR
  • 11 / Jun / 2015
    • ADOPTED

Resolution Details

Law Section:
Resolutions, Legislative

assembly Bill A6162

2015-2016 Legislative Session

Relates to state aid for library construction and infrastructure services

download bill text pdf

Sponsored By

Current Bill Status - STRICKEN


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2015 enacting clause stricken
Mar 16, 2015 referred to libraries and education technology

Co-Sponsors

view all co-sponsors

Multi-Sponsors

view all multi-sponsors

A6162 - Bill Details

See other versions of this Bill:
S4299
, A8168
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §273-a, Ed L
Versions Introduced in 2013-2014 Legislative Session:
A7680

A6162 - Bill Texts

view summary

Relates to state aid for library construction and infrastructure services.

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

                                  6162

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2015
                               ___________

Introduced  by  M.  of A. PALMESANO, BARRETT, DiPIETRO, GRAF, MONTESANO,
  BARCLAY, FINCH, KATZ, RAIA, WALTER, BORELLI, GIGLIO, HAWLEY, RA, OAKS,
  CERETTO, GOODELL, GUNTHER, SKOUFIS, LUPINACCI -- Multi-Sponsored by --
  M. of A. ARROYO, CROUCH, McDONOUGH, McKEVITT, SALADINO  --  read  once
  and referred to the Committee on Libraries and Education Technology

AN  ACT to amend the education law, in relation to state aid for library
  construction and infrastructure services

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

  Section  1.  Subdivision  1  of section 273-a of the education law, as
amended by chapter 498 of the laws  of  2011,  is  amended  to  read  as
follows:
  1.  State  aid  shall be provided for up to fifty percent of the total
project approved costs, excluding feasibility studies, plans or  similar
activities,  for  projects  for  the  INSTALLATION AND INFRASTRUCTURE OF
BROADBAND SERVICES, AND FOR THE  acquisition  of  vacant  land  and  the
acquisition,   construction,  renovation  or  rehabilitation,  including
leasehold improvements, of buildings of  public  libraries  and  library
systems chartered by the regents of the state of New York or established
by  act of the legislature subject to the limitations provided in subdi-
vision five of this section  and  upon  approval  by  the  commissioner,
except  that state aid may be provided for up to seventy-five percent of
the total project approved costs for buildings of public libraries  that
are located in an economically disadvantaged community.  Provided howev-
er  that the state liability for aid paid pursuant to this section shall
be limited to funds appropriated for such purpose. Aid shall be provided
on approved expenses incurred during the period  commencing  July  first
and ending June thirtieth for up to three years, or until the project is
completed,  whichever  occurs  first. Fifty percent of such aid shall be
payable to each system or library upon approval of  the  application  by
the  department.  Forty percent of such aid shall be payable in the next

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08131-01-5

A. 6162                             2

state fiscal year. The remaining  ten  percent  shall  be  payable  upon
project completion.
  S  2.  Subdivision 1 of section 273-a of the education law, as amended
by section 4 of part A of chapter 57 of the laws of 2009, is amended  to
read as follows:
  1.  State  aid  shall be provided for up to fifty percent of the total
project approved costs, excluding feasibility studies, plans or  similar
activities,  for  projects  for  the  INSTALLATION AND INFRASTRUCTURE OF
BROADBAND SERVICES, AND FOR THE acquisition, construction, renovation or
rehabilitation, including leasehold improvements, of buildings of public
libraries and library systems chartered by the regents of the  state  of
New York or established by act of the legislature subject to the limita-
tions  provided in subdivision four of this section and upon approval by
the commissioner. Provided however that the state liability for aid paid
pursuant to this section shall be limited to funds appropriated for such
purpose. Aid shall be provided on approved expenses incurred during  the
period  commencing  July first and ending June thirtieth for up to three
years, or until the project is completed, whichever occurs first.  Fifty
percent  of  such  aid  shall  be payable to each system or library upon
approval of the application. Forty percent of such aid shall be  payable
in  the next state fiscal year. The remaining ten percent shall be paya-
ble upon project completion.
  S 3. This act shall take effect immediately, provided that the  amend-
ments  to  subdivision  1  of section 273-a of the education law made by
section one of this act shall be subject to the expiration and reversion
of such section pursuant to chapter 498 of the laws of 2011, as amended,
when upon such date the provisions of section two of this act shall take
effect.

Pages