assembly Bill A8007

2015-2016 Legislative Session

Relates to increasing the reimbursement dictated pursuant to standards of payment for care provided foster children by three percent

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2016 reported referred to ways and means
Apr 22, 2016 print number 8007a
amend and recommit to children and families
Jan 06, 2016 referred to children and families
Jun 04, 2015 referred to children and families

Bill Amendments

A8007
A8007A
A8007
A8007A

A8007 - Bill Details

Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §398-a, Soc Serv L

A8007 - Bill Texts

view summary

Relates to increasing the reimbursement dictated pursuant to standards of payment for care provided foster children by three percent.

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

                                  8007

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

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

AN ACT to amend the social services law, in relation to the standards of
  payment for care provided foster children

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

  Section 1. Section 398-a of the social  services  law  is  amended  by
adding a new subdivision 6 to read as follows:
  (6)  NOTWITHSTANDING  ANY  PROVISIONS OF THIS SECTION TO THE CONTRARY,
EFFECTIVE JULY FIRST, TWO  THOUSAND  FIFTEEN,  THE  TOTAL  REIMBURSEMENT
DICTATED  PURSUANT  TO  THE  STANDARDS  OF  PAYMENT FOR CARE PROVIDED TO
FOSTER CHILDREN SHALL BE INCREASED BY THREE PERCENT.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11490-01-5

A8007A - Bill Details

Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §398-a, Soc Serv L

A8007A - Bill Texts

view summary

Relates to increasing the reimbursement dictated pursuant to standards of payment for care provided foster children by three percent.

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

                                 8007--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

Introduced by M. of A. JOYNER -- 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 the standards of
  payment for care provided foster children

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

  Section 1. Section 398-a of the social  services  law  is  amended  by
adding a new subdivision 6 to read as follows:
  (6)  NOTWITHSTANDING  ANY  PROVISIONS OF THIS SECTION TO THE CONTRARY,
BEGINNING THE FIRST OF JANUARY NEXT SUCCEEDING  THE  EFFECTIVE  DATE  OF
THIS SUBDIVISION, THE TOTAL REIMBURSEMENT DICTATED PURSUANT TO THE STAN-
DARDS OF PAYMENT FOR CARE PROVIDED TO FOSTER CHILDREN SHALL BE INCREASED
BY THREE PERCENT.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11490-02-6

assembly Bill A8006

2015-2016 Legislative Session

Relates to the adjudication of parking infractions

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 26, 2016 print number 8006a
amend and recommit to transportation
Jan 06, 2016 referred to transportation
Jun 04, 2015 referred to transportation

Bill Amendments

A8006
A8006A
A8006
A8006A

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A8006 - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§237, 238, 240 & 243, V & T L

A8006 - Bill Texts

view summary

Relates to the adjudication of parking infractions.

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

                                  8006

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to the adjudi-
  cation of parking infractions

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

  Section 1. Subdivision 6 of section 237 of the vehicle and traffic law
is  amended  by  adding three new paragraphs (a), (b) and (c) to read as
follows:
  (A) WHERE A TRANSCRIPT IS NOT PROVIDED TO A RESPONDENT  WITHIN  THIRTY
DAYS  OF RESPONDENT'S REQUEST, MADE BY CERTIFIED MAIL, PERSONAL DELIVERY
OR WITH PROOF OF DELIVERY, THE BUREAU SHALL PROVIDE  THE  WRITTEN  TRAN-
SCRIPT  OR  DISMISS THE TICKET AND PAY THE RESPONDENT OR THEIR REPRESEN-
TATIVE A FEE OF ONE HUNDRED DOLLARS.
  (B) WHERE A TRANSCRIPT IS NOT A COMPLETE AND ACCURATE RECORDING OF THE
HEARING, RESPONDENT'S TICKETS WILL BE DISMISSED  AND  THE  COST  OF  THE
TRANSCRIPT SHALL BE REFUNDED.
  (C) IT SHALL BE THE CLEAR DUTY OF THE BUREAU TO MAINTAIN AN UN-APPEND-
ED  COPY OF THE ACTUAL TICKET - FRONT AND BACK. IN EACH INSTANCE WHERE A
RESPONDENT OR ITS REPRESENTATIVE IDENTIFIES A CHANGE IN AN OFFICIAL COPY
OF A NOTICE OF VIOLATION OR THE BUREAU FAILS TO MAINTAIN BOTH THE  FRONT
AND THE BACK OF THE NOTICE OF VIOLATION, THE BUREAU SHALL BE REQUIRED TO
PAY  THAT  INDIVIDUAL  A  FEE  OF  NO LESS THAN ONE THOUSAND DOLLARS PER
INSTANCE;
  S 2. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 15 to read as follows:
  15. THERE SHALL BE NO CONVENIENCE FEE CHARGED  BY  A  MUNICIPALITY  OF
MORE THAN ONE MILLION PERSONS, AS DEFINED BY THE MOST RECENT CENSUS, FOR
THE PAYMENT OF A NOTICE OF VIOLATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11120-01-5

A. 8006                             2

  S  3. Paragraph (b) of subdivision 2 of section 238 of the vehicle and
traffic law is amended by adding two new subparagraphs (i) and  (ii)  to
read as follows:
  (I)  WHERE  THERE  IS  A  STARK  DIFFERENCE  IN THE COLOR OF A VEHICLE
RECORDED ON THE NOTICE OF VIOLATION WHEN COMPARED TO EITHER A BONA  FIDE
PHOTOGRAPH  OF  THE  VEHICLE  OR THE VEHICLE REGISTRATION CERTIFICATE OR
OTHER COMPELLING EVIDENCE, IT SHALL RESULT IN DISMISSAL OF THE NOTICE OF
VIOLATION.
  (II) WHERE THE YEAR OF THE VEHICLE APPEARS ON ANY STICKER OF A VEHICLE
BUT THE YEAR IS NOT STATED ON THE NOTICE  OF  VIOLATION  THE  NOTICE  OF
VIOLATION SHALL BE DISMISSED.
  S  4.  Paragraph  (a) of subdivision 2-a of section 238 of the vehicle
and traffic law, as added by chapter 224 of the laws of 1995, is amended
to read as follows:
  (a) Notwithstanding any inconsistent provision of subdivision  two  of
this  section, where the plate type or the expiration date are not shown
on either the registration plates or sticker of a vehicle or  where  the
registration  sticker is covered, faded, defaced or mutilated so that it
is unreadable, the plate type or the expiration date may be omitted from
the notice of violation; provided, however, such condition  must  be  so
described  and inserted on the notice of violation. WHERE THE EXPIRATION
DATE OF THE VEHICLE INSPECTION IS NOT STATED ON A VEHICLE,  THE  ISSUING
OFFICER SHALL BE REQUIRED TO INSERT THE MONTH AND YEAR OF THE INSPECTION
AS STATED ON ANY STICKER ON THE VEHICLE OR THE NOTICE OF VIOLATION SHALL
BE DISMISSED.
  S  5.  Subdivision  2 of section 240 of the vehicle and traffic law is
amended by adding a new paragraph h to read as follows:
  H. IN ALL HEARINGS DEFINED IN PARAGRAPH A OF THIS SUBDIVISION:
  (I) RESPONDENT OR THEIR REPRESENTATIVE SHALL BE GRANTED NO  LESS  THAN
TEN  FULL  MINUTES  TO  ARGUE  THEIR  CASE IN FRONT OF AN ADMINISTRATIVE
TRIBUNAL AND GIVEN EVERY OPPORTUNITY TO PROVE THEIR INNOCENCE;
  (II) RESPONDENT OR THEIR REPRESENTATIVE  SHALL,  AT  THEIR  OWN  COST,
VIDEOTAPE,  DIGITALLY  RECORD  OR OTHERWISE MAKE A LIVE RECORDING OF THE
HEARING;
  (III) WHERE THERE IS NO HEARING OF A PARKING TICKET, WHETHER THE TICK-
ET IS PAID, REDUCED OR DISMISSED, THE NEW YORK STATE MANDATORY SURCHARGE
SHALL BE DUE AND PAYABLE;
  (IV) A NOTICE OF VIOLATION MAY NOT BE REDUCED OR DISMISSED WITHOUT THE
EXPRESS WRITTEN DETERMINATION OF A HEARING EXAMINER;
  (V) THE RESPONDENT OR THEIR REPRESENTATIVE SHALL BE  GRANTED  A  SIXTY
DAY ADJOURNMENT TO RETURN AND ARGUE THEIR CASE;
  (VI)  RESPONDENT  OR  THEIR REPRESENTATIVE NEED ONLY FILE A NOT GUILTY
PLEA FOR ONE OR MORE TICKETS BY MAIL OR OTHER DELIVERY SERVICE;  INCLUD-
ING,  BUT  NOT  LIMITED  TO  AN  IN PERSON FILING, A FILING BY FAX OR BY
EMAIL, OR ONLINE, TO RECORD THEIR NOT GUILTY PLEA. NO  ADDITIONAL  DOCU-
MENTS, PROCESS OR PROCESSES ARE REQUIRED, REGARDLESS OF THE VENUE OR THE
RESPONDENT;
  (VII) HEARING EXAMINERS SHALL BE APPOINTED BY THE CITY COUNCIL;
  (VIII)  APPEALS OF HEARING DETERMINATIONS MAY BE SUBMITTED ONLINE WITH
ALL EVIDENCE THAT RESPONDENT WISHES TO ENTER INTO THE RECORD;
  (IX) THERE SHALL BE AMPLE ONLINE STORAGE CAPACITY  FOR  RESPONDENT  OR
THEIR REPRESENTATIVE TO UPLOAD ALL OF THEIR EVIDENCE;
  (X)  THE  BUREAU  SHALL  PROVIDE AN ONLINE ABILITY TO LOOK UP ALL OPEN
TICKETS BY LICENSE PLATE NUMBER AND IS PRECLUDED FROM USING J-CAPTCHA OR
ANY OTHER TECHNOLOGY THAT WILL SLOW DOWN OR  BLOCK  THE  ABILITY  FOR  A
RESPONDENT  OR  THEIR  REPRESENTATIVE TO LOOK UP OPEN PARKING TICKETS BY

A. 8006                             3

LICENSE PLATE, TO FILE A NOT GUILTY PLEA  OR  TO  ADJUDICATE  OR  PAY  A
NOTICE OF VIOLATION;
  (XI)  THE  BUREAU SHALL MAINTAIN A COURT CALENDAR AND ALLOW THE PUBLIC
TO SCHEDULE APPOINTMENTS FOR LIVE HEARINGS. NYS VTL S 240(1). THE BUREAU
SHALL ADVISE SUCH PERSON PERSONALLY BY SUCH FORM OF FIRST CLASS MAIL  AS
THE  DIRECTOR  MAY  DIRECT OF THE DATE ON WHICH HE OR SHE MUST APPEAR TO
ANSWER THE CHARGE AT A HEARING. THE FORM AND CONTENT OF SUCH  NOTICE  OF
HEARING SHALL BE PRESCRIBED BY THE DIRECTOR, AND SHALL CONTAIN A WARNING
TO  ADVISE  THE  PERSON  SO  PLEADING THAT FAILURE TO APPEAR ON THE DATE
DESIGNATED, OR ON ANY SUBSEQUENT ADJOURNED  DATE,  SHALL  BE  DEEMED  AN
ADMISSION OF LIABILITY, AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THER-
EON;
  (XII) THE HEARING EXAMINER SHALL WRITE OUT THEIR DETERMINATION AND THE
ACTUAL  BASIS  IN LAW FOR THEIR PARTICULAR RATIONALE FOR A GUILTY OR NOT
GUILTY DECISION, SO RESPONDENTS ARE FULLY INFORMED AS TO THE  BASIS  FOR
THE UNDERLYING DECISION;
  (XIII)  WHERE  THE RESPONDENT OFFERS OTHER PARKING TICKETS, OTHER THAN
THE ONE BEING CHALLENGED, THAT CONTAINS  EVIDENCE  THAT  INFORMATION  IS
AVAILABLE  TO  THE ISSUING OFFICER, THE TICKET SHALL BE DISMISSED OR THE
BUREAU SHALL ADJOURN THE HEARING AND SUBPOENA EACH OF THE  OFFICERS  WHO
WROTE  EACH OF THE RELATED TICKETS PRESENTED AT THE HEARING TO LEARN WHY
ONE OR MORE AGENTS WERE ABLE TO RECORD  INFORMATION  CORRECTLY  BUT  THE
OTHER(S) WERE NOT;
  (XVI)  WHERE  THE BUREAU CANNOT PROVIDE BOTH THE FRONT AND THE BACK OF
THE TICKET, THE TICKET SHALL BE DISMISSED.
  FOR PURPOSES OF THIS PARAGRAPH THE BUREAU  SHALL  BE  DEFINED  AS  THE
AGENCY  OR  ARM  OF  THE GOVERNMENT WHICH IS OR BECOMES THE ADJUDICATION
TRIBUNAL FOR PARKING TICKETS.
  S 6. The opening paragraph of section 243 of the vehicle  and  traffic
law  is  designated  subdivision  1 and two new subdivisions 2 and 3 are
added to read as follows:
  2. WHERE AN INDIVIDUAL HAS BROUGHT, OR BRINGS AN ARTICLE SEVENTY-EIGHT
PROCEEDING AND, AS A RESULT OF THAT LITIGATION OR  OTHER  RELATED  LITI-
GATION,  THE  UNDERLYING TICKET IS DISMISSED, WITH OR WITHOUT PREJUDICE,
THE BUREAU SHALL PAY ALL COURT AND LEGAL EXPENSES OF SUCH ACTIONS.
  3. AS THE CIVIL  PRACTICE  LAW  AND  RULES  (CPLR)  REQUIRES  THAT  AN
AGGRIEVED INDIVIDUAL MUST FILE AN ARTICLE SEVENTY-EIGHT PROCEEDING WITH-
IN  ONE  HUNDRED  TWENTY  DAYS OF THE AGENCY'S FINAL DETERMINATION, EACH
SIMILAR COMPLAINT CAN BE ADDED TO THE ORIGINAL ACTION  AND  A  NEW  CASE
NEED NOT BE FILED.
  S 7. This act shall take effect immediately.

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A8006A - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§237, 238, 240 & 243, V & T L

A8006A - Bill Texts

view summary

Relates to the adjudication of parking infractions.

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

                                 8006--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

Introduced by M. of A. WEPRIN, MURRAY, LAVINE, QUART, MOSLEY, GOLDFEDER,
  BLAKE  --  Multi-Sponsored  by -- M. of A. CRESPO, LENTOL, McKEVITT --
  read once and referred to the Committee on Transportation -- recommit-
  ted to the Committee on Transportation  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 vehicle and traffic law, in relation to the  adjudi-
  cation of parking infractions

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

  Section 1.  Subdivision 2 of section 240 of the  vehicle  and  traffic
law is amended by adding a new paragraph h to read as follows:
  H.    (I) IN EVERY INSTANCE, THE STATE OF NEW YORK MANDATORY SURCHARGE
SHALL BE PAID BY THE RESPONDENT OR OPERATOR  UNLESS  A  HEARING  OFFICER
DISMISSES THE NOTICE OF VIOLATION;
  (II) A NOTICE OF VIOLATION SHALL ONLY BE REDUCED OR DISMISSED WITH THE
EXPRESS WRITTEN DETERMINATION OF A HEARING EXAMINER UPON COMPLETION OF A
HEARING BASED SPECIFICALLY ON THE MERITS PRESENTED BY THE RESPONDENT FOR
EACH VIOLATION A RESPONDENT IS CHARGED WITH;
  (III)  WHEN  A RESPONDENT OR OPERATOR IS ISSUED A NOTICE OF VIOLATION,
THE RESPONDENT OR THEIR REPRESENTATIVE SHALL BE GIVEN THE OPPORTUNITY TO
EXERCISE THE OPTION TO HAVE A HEARING ON THE MERITS ON A TICKET BY TICK-
ET BASIS; AND
  (IV) THE HEARING EXAMINER SHALL WRITE OUT HIS OR HER DETERMINATION AND
THE ACTUAL BASIS IN LAW FOR HIS OR HER PARTICULAR RATIONALE FOR A GUILTY
OR NOT GUILTY DECISION, SO RESPONDENTS ARE  FULLY  INFORMED  AS  TO  THE
BASIS FOR THE UNDERLYING DECISION AND FROM WHICH THE RESPONDENT MAY TAKE
AN  APPEAL.  THE  RESPONDENT OR HIS OR HER REPRESENTATIVE MAY WAIVE THIS
REQUIREMENT ON A TICKET BY TICKET BASIS, ON  THE  RECORD,  BY  DOING  SO
ORALLY OR IN WRITING.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11120-05-6

assembly Bill A8026

2015-2016 Legislative Session

Relates to interim probation supervision

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Jun 04, 2015 referred to codes

A8026 - Bill Details

See Senate Version of this Bill:
S1598
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §390.30, CP L
Versions Introduced in 2013-2014 Legislative Session:
S4794

A8026 - Bill Texts

view summary

Permits adjournment of sentencing for a period of one year from the date a defendant is placed on interim probation supervision.

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

                                  8026

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

Introduced by M. of A. TENNEY -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the  criminal  procedure law, in relation to interim
  probation supervision

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

  Section  1.  Paragraph  (a)  of subdivision 6 of section 390.30 of the
criminal procedure law, as separately amended by section 1 of part O and
section 5 of part AAA of chapter 56 of the laws of 2009, is  amended  to
read as follows:
  (a)  In any case where the court determines that a defendant is eligi-
ble for a sentence of probation, the court, after consultation with  the
prosecutor  and  upon  the  consent  of  the  defendant, may adjourn the
sentencing to a specified date and order that the defendant be placed on
interim probation  supervision.  In  no  event  may  the  sentencing  be
adjourned  for a period exceeding one year from the date the [conviction
is entered] DEFENDANT IS PLACED ON INTERIM PROBATION SUPERVISION, except
that upon good cause shown, the court may, upon the defendant's consent,
extend the period for an additional one year  where  the  defendant  has
agreed  to  and  is  still  participating in a substance abuse treatment
program in connection with a court designated a drug court by the  chief
administrator  of the courts. When ordering that the defendant be placed
on interim probation supervision, the court  shall  impose  all  of  the
conditions  relating  to  supervision  specified in subdivision three of
section 65.10 of the penal law and the court may impose any  or  all  of
the  conditions  relating  to  conduct  and  rehabilitation specified in
subdivisions two, four, five and five-a of section 65.10  of  such  law.
The  defendant must receive a written copy of any such conditions at the
time he or she is placed on interim probation supervision.  The  defend-
ant's  record  of  compliance with such conditions, as well as any other
relevant information, shall be included in the  presentence  report,  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03101-01-5

A. 8026                             2

updated  presentence  report, prepared pursuant to this section, and the
court  must  consider  such  record  and  information  when  pronouncing
sentence.  If  a  defendant  satisfactorily  completes a term of interim
probation  supervision,  he  or  she  shall  receive credit for the time
served under the period of  interim  probation  supervision  toward  any
probation sentence that is subsequently imposed in that case.
  S 2. This act shall take effect immediately.

assembly Bill A8005

2015-2016 Legislative Session

Creates distinctive license plates for the United States army 10th mountain division

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 (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 08, 2016 print number 8005b
amend and recommit to transportation
Jun 06, 2016 held for consideration in transportation
May 10, 2016 print number 8005a
amend (t) and recommit to transportation
Jan 06, 2016 referred to transportation
Jun 04, 2015 referred to transportation

Bill Amendments

A8005
A8005A
A8005B
A8005
A8005A
A8005B

A8005 - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §404-x, V & T L

A8005 - Bill Texts

view summary

Creates distinctive license plates for members of the United States army 10th mountain division.

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

                                  8005

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

Introduced  by  M.  of  A.  BLANKENBUSH -- read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  creating  a
  distinctive  license  plate for members of the United States army 10th
  mountain division

  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 404-x to read as follows:
  S 404-X. DISTINCTIVE PLATES FOR MEMBERS OF THE UNITED STATES ARMY 10TH
MOUNTAIN DIVISION. 1. ANY MEMBER OF THE UNITED STATES ARMY 10TH MOUNTAIN
DIVISION RESIDING IN THIS  STATE,  SHALL,  UPON  REQUEST,  BE  ISSUED  A
LICENSE  PLATE BEARING THE 10TH MOUNTAIN DIVISION INSIGNIA AND THE WORDS
"UNITED STATES  ARMY  10TH  MOUNTAIN  DIVISION".  APPLICATION  FOR  SUCH
LICENSE  PLATE  SHALL  BE  FILED  WITH THE COMMISSIONER IN SUCH FORM AND
DETAIL AS THE COMMISSIONER SHALL PRESCRIBE, AND SHALL BE VERIFIED  ANNU-
ALLY  BY THE APPLICANT. NO LICENSE PLATE SHALL BE ISSUED TO AN APPLICANT
WITHOUT VERIFICATION THAT SUCH APPLICANT IS A MEMBER OF THE  10TH  MOUN-
TAIN DIVISION OF THE UNITED STATES ARMY.
  2. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
IN  THE  SAME MANNER AS SUCH OTHER NUMBER PLATES UPON THE PAYMENT OF THE
REGULAR REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF  THIS
ARTICLE,  PROVIDED, HOWEVER, THAT AN ADDITIONAL ANNUAL SERVICE CHARGE OF
TWENTY DOLLARS SHALL BE CHARGED FOR  SUCH  PLATE.  SUCH  ANNUAL  SERVICE
CHARGE  SHALL  BE  DEPOSITED  PURSUANT TO THE PROVISIONS OF SECTION FOUR
HUNDRED FOUR-OO OF THIS ARTICLE TO THE CREDIT OF THE DEPARTMENT OF MOTOR
VEHICLES DISTINCTIVE PLATE DEVELOPMENT FUND ESTABLISHED BY SECTION NINE-
TY-FIVE-G OF THE STATE FINANCE LAW AND SHALL BE USED FOR THE PRODUCTION,
DESIGN, ADVERTISING AND MARKETING OF DISTINCTIVE LICENSE PLATES PURSUANT
TO SUCH SECTION NINETY-FIVE-G.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07651-01-5

A8005A - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §404-x, V & T L

A8005A - Bill Texts

view summary

Creates distinctive license plates for members of the United States army 10th mountain division.

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

                                 8005--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

Introduced  by  M.  of  A.  BLANKENBUSH -- read once and referred to the
  Committee on Transportation -- recommitted to the Committee on  Trans-
  portation  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 vehicle and traffic law,  in  relation  to  creating
  distinctive  license  plates  for the United States army 10th mountain
  division

  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 404-x to read as follows:
  S 404-X. DISTINCTIVE PLATES FOR THE UNITED STATES ARMY  10TH  MOUNTAIN
DIVISION. 1. A. ANY MEMBER OF THE UNITED STATES ARMY 10TH MOUNTAIN DIVI-
SION  RESIDING  IN  THIS STATE, SHALL, UPON REQUEST, BE ISSUED A LICENSE
PLATE BEARING THE 10TH MOUNTAIN DIVISION INSIGNIA AND THE WORDS  "MEMBER
OF  THE UNITED STATES ARMY 10TH MOUNTAIN DIVISION". APPLICATION FOR SUCH
LICENSE PLATE SHALL BE FILED WITH THE  COMMISSIONER  IN  SUCH  FORM  AND
DETAIL  AS THE COMMISSIONER SHALL PRESCRIBE, AND SHALL BE VERIFIED ANNU-
ALLY BY THE APPLICANT. NO LICENSE PLATE SHALL BE ISSUED TO AN  APPLICANT
WITHOUT  VERIFICATION  THAT SUCH APPLICANT IS A MEMBER OF THE 10TH MOUN-
TAIN DIVISION OF THE UNITED STATES ARMY.
  B. ANY PERSON RESIDING IN THIS STATE, SHALL, UPON REQUEST, BE ISSUED A
LICENSE PLATE BEARING THE 10TH MOUNTAIN DIVISION INSIGNIA AND THE  WORDS
"SUPPORTER  OF THE UNITED STATES ARMY 10TH MOUNTAIN DIVISION".  APPLICA-
TION FOR SUCH LICENSE PLATE SHALL BE FILED WITH THE COMMISSIONER IN SUCH
FORM AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE, AND SHALL BE  VERI-
FIED ANNUALLY BY THE APPLICANT.
  2. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
IN  THE  SAME MANNER AS SUCH OTHER NUMBER PLATES UPON THE PAYMENT OF THE
REGULAR REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07651-07-6

A. 8005--A                          2

ARTICLE,  PROVIDED, HOWEVER, THAT AN ADDITIONAL ANNUAL SERVICE CHARGE OF
TWENTY DOLLARS SHALL BE CHARGED FOR  SUCH  PLATE.  SUCH  ANNUAL  SERVICE
CHARGE  SHALL  BE  DEPOSITED  PURSUANT TO THE PROVISIONS OF SECTION FOUR
HUNDRED FOUR-OO OF THIS ARTICLE TO THE CREDIT OF THE DEPARTMENT OF MOTOR
VEHICLES DISTINCTIVE PLATE DEVELOPMENT FUND ESTABLISHED BY SECTION NINE-
TY-FIVE-G OF THE STATE FINANCE LAW AND SHALL BE USED FOR THE PRODUCTION,
DESIGN, ADVERTISING AND MARKETING OF DISTINCTIVE LICENSE PLATES PURSUANT
TO  SUCH  SECTION  NINETY-FIVE-G  PROVIDED, HOWEVER, THAT ANNUAL SERVICE
CHARGES COLLECTED IN EXCESS OF TWENTY-FIVE HUNDRED DOLLARS SHALL BE PAID
BY THE STATE COMPTROLLER TO THE TENTH MOUNTAIN DIVISION  FOUNDATION  FOR
THEIR SCHOLARSHIP PROGRAM.
  S 2. This act shall take effect immediately.

A8005B - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §404-x, V & T L

A8005B - Bill Texts

view summary

Creates distinctive license plates for members of the United States army 10th mountain division.

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

                                 8005--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

Introduced  by  M.  of  A.  BLANKENBUSH -- read once and referred to the
  Committee on Transportation -- recommitted to the Committee on  Trans-
  portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the vehicle and traffic law, in relation to creating
  distinctive license plates for the United States  army  10th  mountain
  division

  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 404-x to read as follows:
  S  404-X.  DISTINCTIVE PLATES FOR THE UNITED STATES ARMY 10TH MOUNTAIN
DIVISION. 1. A. ANY MEMBER OF THE UNITED STATES ARMY 10TH MOUNTAIN DIVI-
SION RESIDING IN THIS STATE, SHALL, UPON REQUEST, BE  ISSUED  A  LICENSE
PLATE  BEARING THE 10TH MOUNTAIN DIVISION INSIGNIA AND THE WORDS "MEMBER
OF THE UNITED STATES ARMY 10TH MOUNTAIN DIVISION". APPLICATION FOR  SUCH
LICENSE  PLATE  SHALL  BE  FILED  WITH THE COMMISSIONER IN SUCH FORM AND
DETAIL AS THE COMMISSIONER SHALL PRESCRIBE, AND SHALL BE VERIFIED  ANNU-
ALLY  BY THE APPLICANT. NO LICENSE PLATE SHALL BE ISSUED TO AN APPLICANT
WITHOUT VERIFICATION THAT SUCH APPLICANT IS A MEMBER OF THE  10TH  MOUN-
TAIN DIVISION OF THE UNITED STATES ARMY.
  B. ANY PERSON RESIDING IN THIS STATE, SHALL, UPON REQUEST, BE ISSUED A
LICENSE  PLATE BEARING THE 10TH MOUNTAIN DIVISION INSIGNIA AND THE WORDS
"SUPPORTER OF THE UNITED STATES ARMY 10TH MOUNTAIN DIVISION".   APPLICA-
TION FOR SUCH LICENSE PLATE SHALL BE FILED WITH THE COMMISSIONER IN SUCH
FORM  AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE, AND SHALL BE VERI-
FIED ANNUALLY BY THE APPLICANT.
  2. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
IN THE SAME MANNER AS SUCH OTHER NUMBER PLATES UPON THE PAYMENT  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07651-11-6

A. 8005--B                          2

REGULAR  REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS
ARTICLE, PROVIDED, HOWEVER, THAT AN ADDITIONAL ANNUAL SERVICE CHARGE  OF
TWENTY  DOLLARS  SHALL  BE  CHARGED  FOR SUCH PLATE. SUCH ANNUAL SERVICE
CHARGE  SHALL  BE  DEPOSITED  PURSUANT TO THE PROVISIONS OF SECTION FOUR
HUNDRED FOUR-OO OF THIS ARTICLE TO THE CREDIT OF THE DEPARTMENT OF MOTOR
VEHICLES DISTINCTIVE PLATE DEVELOPMENT FUND ESTABLISHED BY SECTION NINE-
TY-FIVE-G OF THE STATE FINANCE LAW AND SHALL BE USED FOR THE PRODUCTION,
DESIGN, ADVERTISING AND MARKETING OF DISTINCTIVE LICENSE PLATES PURSUANT
TO SUCH SECTION NINETY-FIVE-G PROVIDED,  HOWEVER,  THAT  ANNUAL  SERVICE
CHARGES COLLECTED IN EXCESS OF TWENTY-FIVE HUNDRED DOLLARS SHALL BE PAID
BY  THE  STATE COMPTROLLER TO THE TENTH MOUNTAIN DIVISION FOUNDATION FOR
THEIR SCHOLARSHIP PROGRAM.
  S 2. 1. A distinctive plate established pursuant to section  404-x  of
the  vehicle and traffic law shall only be designed, produced and issued
upon the delivery to the department of motor vehicles of a  surety  bond
in  the  amount  of  six  thousand dollars, which shall be executed by a
surety company authorized by the department  of  financial  services  to
transact  business in this state. Provided, however, that if the commis-
sioner of motor vehicles shall have  received  prior  to  plate  design,
production and issuance at least two hundred orders for such distinctive
plate  together  with the additional annual service charge applicable to
each such order, which shall be  non-refundable,  no  such  surety  bond
shall  be  required.  All  service  charges  collected  pursuant to this
section shall be deposited pursuant to the provisions of section  404-oo
of  the vehicle and traffic law to the credit of the department of motor
vehicles distinctive plate development fund established by section  95-g
of  the  state finance law and shall be used for the design, production,
advertising and distribution of distinctive license plates in accordance
with such section 95-g.
  2. If, upon the expiration of two years following the date upon  which
distinctive  plates  in  the  series  are  first  available for sale two
hundred or more sets of such plates are sold, a bond delivered  pursuant
to this section shall be discontinued. If fewer than two hundred sets of
such  plates  are  sold  by  such time, the department of motor vehicles
shall be entitled to recover against the bond in an amount proportionate
to such shortfall.
  S 3. This act shall take effect immediately; provided,  however,  that
section  one  of this act shall take effect on the one hundred eightieth
day after it shall have become a law; and provided further, that  effec-
tive  immediately,  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.

assembly Bill A1467

2015-2016 Legislative Session

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 28, 2016 print number 1467a
amend (t) and recommit to codes
Jan 06, 2016 referred to codes
Jan 12, 2015 referred to codes

Bill Amendments

A1467
A1467A
A1467
A1467A

Co-Sponsors

A1467 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A2093B

A1467 - Bill Texts

view summary

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation and the contact was intentional and with the sole purpose of sexual gratification; relates to public lewdness while a passenger on public transportation.

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

                                  1467

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. CUSICK, BRINDISI -- read once and referred to the
  Committee on Codes

AN  ACT to amend the penal law, in relation to sexual abuse in the first
  degree where a person is incapable of consent  while  a  passenger  on
  public transportation

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

  Section 1.  Section 130.65 of the penal law is amended by adding a new
subdivision 2-a to read as follows:
  2-A. INTENTIONALLY, AND WITH THE SOLE PURPOSE OF SEXUAL GRATIFICATION,
AND WITHOUT THE CONSENT OF THE OTHER PERSON WHILE A PASSENGER ON  PUBLIC
TRANSPORTATION; OR
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03104-01-5

Co-Sponsors

A1467A - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A2093B

A1467A - Bill Texts

view summary

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation and the contact was intentional and with the sole purpose of sexual gratification; relates to public lewdness while a passenger on public transportation.

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

                                 1467--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  CUSICK, BRINDISI, GOLDFEDER -- read once and
  referred to the Committee on Codes -- recommitted to the Committee  on
  Codes  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 penal law, in relation to sexual abuse in the  first
  degree  where  a  person  is incapable of consent while a passenger on
  public transportation; in relation to public lewdness while a  passen-
  ger on public transportation

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

  Section 1.  Section 130.65 of the penal law is amended by adding a new
subdivision 2-a to read as follows:
  2-A. INTENTIONALLY, AND WITH THE SOLE PURPOSE OF SEXUAL GRATIFICATION,
AND WITHOUT THE CONSENT OF THE OTHER PERSON WHILE A PASSENGER ON  PUBLIC
TRANSPORTATION; OR
  S  2.  Subdivision  2  of section 245.03 of the penal law, as added by
chapter 186 of the laws of 2014, is amended and a new subdivision  3  is
added to read as follows:
  2.  he  or  she  commits  the  crime of public lewdness, as defined in
section 245.00 of this article, and within the preceding year  has  been
convicted  of  an  offense  defined  in  such  section  245.00  or  this
section[.]; OR
  3. HE OR SHE COMMITS THE CRIME  OF  PUBLIC  LEWDNESS,  AS  DEFINED  IN
SECTION  245.00 OF THIS ARTICLE, WHILE A PASSENGER ON PUBLIC TRANSPORTA-
TION.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03104-03-6

senate Bill S5704

2015-2016 Legislative Session

Relates to licenses to carry, possess, repair and dispose of firearms

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
May 29, 2015 referred to codes

Co-Sponsors

view additional co-sponsors

S5704 - Bill Details

See Assembly Version of this Bill:
A8028
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§400.00 & 400.02, Pen L

S5704 - Bill Texts

view summary

Relates to licenses to carry, possess, repair and dispose of firearms; requires recordkeeping by the division of criminal justice services.

view sponsor memo
BILL NUMBER:S5704

TITLE OF BILL:

An act to amend the penal law, in relation to licenses to carry,
possess, repair and dispose of firearms

SUMMARY OF PROVISIONS:

Section 1 - amends section 400.00 of the Penal Law to replace
references to the authority of the superintendent of NYSP with
authority of DCJS; amends subparagraph b of paragraph 10 to provide
the recertification form required to be filed, to provide
clarification that the form is directly filed with the licensing
officer for comparison with existing permit information who shall
provide the permit holder with instruction for application for any
necessary amendment, and that the licensing officer will then file
such form with DCJS; and amends paragraph 16-b to provide that any
cost incurred by the licensing officer as part of the recertification
process shall be borne by the state.

Section 2 - amends section 400.02 of the Penal Law to replace the NYSP
with DCJS as the division responsible for the maintenance of the
statewide license and record database.

Section 3 is the effective date.

JUSTIFICATION:

DCJS is the division that currently maintains the databases for
criminal histories, orders of protection, and individuals who are
deemed due to mental health, to be disqualified from possessing a
firearm. As such, DCJS is better suited to maintain the statewide
license and record database.

The current ambiguity in the statute with regard to the
recertification process has raised many questions and concerns. By
providing a more concise process concerns can be alleviated. By
specifying the role of the licensing officer in the process of
recertification not only will the process be better managed, but
license officers will be assured to have the most current information
regarding permit holders in their jurisdiction.

Providing for the cost of recertification to be borne by the state and
not by the counties avoids an unfunded mandate for a process that is
intended to provide the state with the service of keeping a state
database current.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

There will be a cost to the state to reimburse the licensing agents
for recertification costs. However, recertification is not required
until January 31, 2018, and only every five years thereafter.


EFFECTIVE DATE:

Immediately.

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

                                  5704

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 29, 2015
                               ___________

Introduced by Sens. MARCHIONE, GALLIVAN, NOZZOLIO, O'MARA, SEWARD, YOUNG
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Codes

AN  ACT  to  amend  the  penal  law,  in  relation to licenses to carry,
  possess, repair and dispose of firearms

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

  Section  1.  Paragraph  (a) of subdivision 3, subdivision 4, paragraph
(a) of subdivision 5 and subdivisions 7, 9, 10, 16-a and 16-b of section
400.00 of the penal law, paragraph (a) of subdivision 3, subdivision  4,
paragraph  (a) of subdivision 5 and subdivisions 9 and 10 as amended and
subdivisions 16-a and 16-b as added by chapter 1 of the  laws  of  2013,
paragraph  (a-1)  of subdivision 16-a as added by chapter 98 of the laws
of 2013, are amended to read as follows:
  (a) Applications shall be made and renewed, in the case of  a  license
to  carry  or  possess a pistol or revolver, to the licensing officer in
the city or county, as the case may be, where the applicant resides,  is
principally  employed  or  has his or her principal place of business as
merchant or storekeeper; and, in the case of a license  as  gunsmith  or
dealer  in  firearms, to the licensing officer where such place of busi-
ness is located. Blank applications shall, except in  the  city  of  New
York,  be  approved  as  to form by the [superintendent of state police]
DIVISION OF CRIMINAL JUSTICE SERVICES. An application  shall  state  the
full  name,  date of birth, residence, present occupation of each person
or individual signing the same, whether or not he or she is a citizen of
the United States, whether or not he or she complies with each  require-
ment  for  eligibility  specified in subdivision one of this section and
such other facts as may be required to show the good  character,  compe-
tency  and  integrity  of each person or individual signing the applica-
tion. An application shall be signed and verified by the applicant. Each
individual signing an application shall submit one photograph of himself

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11366-01-5

S. 5704                             2

or herself and a duplicate for each required copy  of  the  application.
Such  photographs  shall  have  been  taken  within thirty days prior to
filing the application. In case of a license as gunsmith  or  dealer  in
firearms,  the photographs submitted shall be two inches square, and the
application shall also state the previous occupation of each  individual
signing  the  same and the location of the place of such business, or of
the bureau, agency, subagency, office or branch  office  for  which  the
license  is  sought,  specifying  the name of the city, town or village,
indicating  the  street  and  number  and  otherwise  giving  such   apt
description  as  to  point  out reasonably the location thereof. In such
case, if the applicant is a firm, partnership or corporation, its  name,
date  and  place  of formation, and principal place of business shall be
stated. For such firm or partnership, the application  shall  be  signed
and  verified  by  each individual composing or intending to compose the
same, and for such corporation, by each officer thereof.
  4. Investigation. Before a license is issued or renewed,  there  shall
be an investigation of all statements required in the application by the
duly  constituted police authorities of the locality where such applica-
tion is made, including but not limited to such records as may be acces-
sible to the [division of state police or] division of criminal  justice
services  pursuant  to section 400.02 of this article. For that purpose,
the records of the  appropriate  office  of  the  department  of  mental
hygiene  concerning  previous or present mental illness of the applicant
shall be available for inspection by the investigating  officer  of  the
police  authority.  In  order to ascertain any previous criminal record,
the investigating officer  shall  take  the  fingerprints  and  physical
descriptive  data in quadruplicate of each individual by whom the appli-
cation is signed and verified. Two copies of such fingerprints shall  be
taken  on  standard  fingerprint cards eight inches square, and one copy
may be taken on a card supplied for that purpose by the  federal  bureau
of  investigation;  provided,  however,  that in the case of a corporate
applicant that has already been issued a dealer in firearms license  and
seeks  to  operate  a  firearm  dealership  at  a  second  or subsequent
location, the original fingerprints on file may be used to ascertain any
criminal record in the second or subsequent application  unless  any  of
the  corporate  officers  have  changed  since the prior application, in
which case the  new  corporate  officer  shall  comply  with  procedures
governing  an  initial application for such license. When completed, one
standard card shall be forwarded to and  retained  by  the  division  of
criminal  justice  services  in  the  executive department, at Albany. A
search of the files of such division and  written  notification  of  the
results of the search to the investigating officer shall be made without
unnecessary  delay. Thereafter, such division shall notify the licensing
officer and the executive department, division of state police,  Albany,
of  any criminal record of the applicant filed therein subsequent to the
search of its files. A second standard card, or the one supplied by  the
federal  bureau of investigation, as the case may be, shall be forwarded
to that bureau at Washington with a request that the files of the bureau
be searched and notification of the results of the search be made to the
investigating police authority. Of the remaining two fingerprint  cards,
one  shall  be  filed  with the executive department, division of [state
police] CRIMINAL JUSTICE SERVICES, Albany, within ten days  after  issu-
ance of the license, and the other remain on file with the investigating
police  authority.  No  such fingerprints may be inspected by any person
other than a peace officer,  who  is  acting  pursuant  to  his  special
duties,  or a police officer, except on order of a judge or justice of a

S. 5704                             3

court of record either upon notice to the licensee or without notice, as
the judge or justice may deem appropriate. Upon completion of the inves-
tigation, the police authority shall report the results to the licensing
officer without unnecessary delay.
  (a) The application for any license, if granted, shall be filed by the
licensing  officer with the clerk of the county of issuance, except that
in the city of New York and, in the counties of Nassau and Suffolk,  the
licensing officer shall designate the place of filing in the appropriate
division,  bureau  or  unit of the police department thereof, and in the
county of Suffolk the county clerk is hereby authorized to transfer  all
records  or applications relating to firearms to the licensing authority
of that county. Except as provided in paragraphs (b) through (f) of this
subdivision, the name and address of any person to whom  an  application
for any license has been granted shall be a public record. Upon applica-
tion  by  a licensee who has changed his place of residence such records
or applications shall be transferred to the appropriate officer  at  the
licensee's  new place of residence. A duplicate copy of such application
shall be filed by the licensing officer  in  the  executive  department,
division of [state police] CRIMINAL JUSTICE SERVICES, Albany, within ten
days after issuance of the license. The [superintendent of state police]
DIVISION  OF  CRIMINAL JUSTICE SERVICES may designate that such applica-
tion shall be transmitted to the division  of  [state  police]  CRIMINAL
JUSTICE SERVICES electronically. In the event the [superintendent of the
division  of  state police] DIVISION OF CRIMINAL JUSTICE SERVICES deter-
mines that it lacks any of the records required to  be  filed  with  the
division,  it  may  request  that  such records be provided to it by the
appropriate clerk, department or authority and such clerk, department or
authority shall provide the division with such  records.  In  the  event
such  clerk, department or authority lacks such records, the division OF
CRIMINAL JUSTICE SERVICES may request the license holder provide  infor-
mation  sufficient  to  constitute  such  record and such license holder
shall provide the division with such information. Such information shall
be limited to the license holder's name, date of  birth,  gender,  race,
residential  address,  social  security number and firearms possessed by
said license holder. Nothing in this subdivision shall be  construed  to
change  the  expiration  date  or  term  of  such  licenses if otherwise
provided for in law. Records assembled  or  collected  for  purposes  of
inclusion  in the database established by this section shall be released
pursuant to a court order. Records assembled or collected  for  purposes
of  inclusion in the database created pursuant to section 400.02 of this
chapter shall not be subject to disclosure pursuant to  article  six  of
the public officers law.
  7.  License:  form. Any license issued pursuant to this section shall,
except in the city of New York, be approved as to form  by  the  [super-
intendent  of  state  police]  DIVISION  OF CRIMINAL JUSTICE SERVICES. A
license to carry or possess a pistol or revolver shall have attached the
licensee's photograph, and a coupon which shall be removed and  retained
by any person disposing of a firearm to the licensee. Such license shall
specify  the weapon covered by calibre, make, model, manufacturer's name
and serial number, or if none, by any  other  distinguishing  number  or
identification  mark,  and shall indicate whether issued to carry on the
person or possess on the premises, and if on  the  premises  shall  also
specify  the  place  where  the licensee shall possess the same. If such
license is issued to an alien, or to a  person  not  a  citizen  of  and
usually  a  resident  in the state, the licensing officer shall state in
the license the particular reason for the issuance and the names of  the

S. 5704                             4

persons  certifying  to the good character of the applicant. Any license
as gunsmith or dealer in firearms shall mention and describe  the  prem-
ises for which it is issued and shall be valid only for such premises.
  9.  License:  amendment.  Elsewhere  than  in  the city of New York, a
person licensed to carry or possess a pistol or revolver  may  apply  at
any  time  to  his  or her licensing officer for amendment of his or her
license to include one or more such weapons or to  cancel  weapons  held
under  license.  If  granted,  a  record of the amendment describing the
weapons involved shall be filed by the licensing officer in  the  execu-
tive  department,  division of [state police] CRIMINAL JUSTICE SERVICES,
Albany. The  [superintendent  of  state  police]  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  may  authorize  that  such amendment be completed and
transmitted to the [state police] DIVISION in electronic form.   Notifi-
cation of any change of residence shall be made in writing by any licen-
see  within  ten  days  after  such  change occurs, and a record of such
change shall be inscribed by such licensee on the reverse side of his or
her license. Elsewhere than in the city of New York, and in the counties
of Nassau and Suffolk, such notification shall be made to the  executive
department,  division of [state police] CRIMINAL JUSTICE SERVICES, Alba-
ny, and in the city of New York to the police commissioner of that city,
and in the county of Nassau to the police commissioner of  that  county,
and  in  the  county of Suffolk to the licensing officer of that county,
who shall, within ten days after such notification shall be received  by
him  or  her,  give  notice  in  writing of such change to the executive
department, division of [state police]  CRIMINAL  JUSTICE  SERVICES,  at
Albany.
  10.  License:  expiration,  certification and renewal. (a) Any license
for gunsmith or dealer in firearms and, in the city  of  New  York,  any
license  to  carry  or  possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first  day  of  July,  nineteen
hundred  sixty-three  and not limited to expire on an earlier date fixed
in the license, shall expire not more than three years after the date of
issuance. In the  counties  of  Nassau,  Suffolk  and  Westchester,  any
license  to  carry  or  possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first  day  of  July,  nineteen
hundred  sixty-three  and not limited to expire on an earlier date fixed
in the license, shall expire not more than five years after the date  of
issuance;  however, in the county of Westchester, any such license shall
be certified prior to the first day of April, two thousand,  in  accord-
ance  with  a schedule to be contained in regulations promulgated by the
commissioner of the division of criminal  justice  services,  and  every
such  license  shall  be  recertified  every  five years thereafter. For
purposes of this section certification  shall  mean  that  the  licensee
shall  provide  to the licensing officer the following information only:
current name, date of birth, current address, and the make, model, cali-
ber and serial number of all firearms currently possessed. Such  certif-
ication  information shall be filed by the licensing officer in the same
manner as an amendment. Elsewhere than in the city of New York  and  the
counties  of  Nassau,  Suffolk  and Westchester, any license to carry or
possess a pistol or revolver,  issued  at  any  time  pursuant  to  this
section  or prior to the first day of July, nineteen hundred sixty-three
and not previously revoked or cancelled, shall be in  force  and  effect
until  revoked  as herein provided. Any license not previously cancelled
or revoked shall remain in full force and effect for thirty days  beyond
the  stated  expiration date on such license. Any application to renew a
license that has not previously expired, been revoked or cancelled shall

S. 5704                             5

thereby extend the term of the license until disposition of the applica-
tion by the licensing officer. In the case of a license for gunsmith  or
dealer  in  firearms,  in  counties having a population of less than two
hundred  thousand  inhabitants,  photographs  and  fingerprints shall be
submitted on original applications and upon renewal thereafter  only  at
six  year  intervals.  Upon  satisfactory  proof  that a currently valid
original license has been despoiled, lost or otherwise removed from  the
possession of the licensee and upon application containing an additional
photograph  of  the licensee, the licensing officer shall issue a dupli-
cate license.
  (b) All licensees shall be  recertified  to  the  [division  of  state
police]  LICENSING  OFFICER  every  five  years  thereafter. Any license
issued before the effective date of [the] chapter ONE of the laws of two
thousand thirteen [which added this paragraph] shall be  recertified  by
the  licensee  on or before January thirty-first, two thousand eighteen,
and not less than one year prior to such date, the [state police]  DIVI-
SION  OF  CRIMINAL  JUSTICE  SERVICES shall send a notice to all license
holders who have not recertified by  such  time.  [Such  recertification
shall  be  in  a form as approved by the superintendent of state police,
which shall request the license holder's name, date  of  birth,  gender,
race, residential address, social security number, firearms possessed by
such  license  holder, email address at the option of the license holder
and an affirmation that such  license  holder  is  not  prohibited  from
possessing  firearms.] RECERTIFICATION SHALL CONTAIN THE INFORMATION AND
SHALL BE IN THE FORM SET FORTH HEREINBELOW:

                             RECERTIFICATION

1. NAME ________________________________________________________________

2. DATE OF BIRTH _______________________________________________________

3. GENDER ______________________________________________________________

4. RACE ________________________________________________________________

5. RESIDENTIAL ADDRESS _________________________________________________
________________________________________________________________________
________________________________________________________________________

6. SOCIAL SECURITY NUMBER ______________________________________________

7. EMAIL ADDRESS (OPTIONAL) ____________________________________________

8. LIST ALL FIREARMS POSSESSED ON LICENSE: _____________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

UPON RECEIPT OF THE COMPLETED RECERTIFICATION FORM, THE LICENSING  OFFI-
CER  WILL  COMPARE  THE  INFORMATION PROVIDED WITH THE INFORMATION MAIN-
TAINED BY THE LICENSING OFFICER FOR SUCH LICENSE  HOLDER,  AND  PROMPTLY
NOTIFY  THE  LICENSE  HOLDER  OF  ANY  DISCREPANCIES THAT MAY EXIST, AND
PROVIDE INSTRUCTION AS TO APPLYING FOR AN AMENDMENT PURSUANT TO SUBDIVI-
SION NINE THIS SECTION. AFTER THE RESOLUTION OF ANY PENDING APPLICATIONS

S. 5704                             6

FOR AMENDMENTS, THE LICENSING OFFICER SHALL RETAIN A COPY OF THE  RECER-
TIFICATION  AND  A  COPY  SHALL BE FILED BY THE LICENSING OFFICER IN THE
EXECUTIVE DEPARTMENT, DIVISION OF  CRIMINAL  JUSTICE  SERVICES,  ALBANY,
WITHIN  TEN DAYS. The form may be in an electronic form if so designated
by the [superintendent of state police]  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.  Failure  to  recertify  shall  act  as  a  revocation of such
license. If the [New York state police] DIVISION  SHALL  discover  as  a
result  of the recertification process that a licensee failed to provide
a change of address, the [New York state police]  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES shall not require the licensing officer to revoke such
license.
  16-a. Registration. (a) An owner of a weapon defined in paragraph  (e)
or  (f)  of  subdivision  twenty-two  of section 265.00 of this chapter,
possessed before the date of the effective date of [the] chapter ONE  of
the  laws  of  two  thousand thirteen [which added this paragraph], must
make an application to register such weapon with the [superintendent  of
state  police]  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, in the manner
provided by the [superintendent] DIVISION OF CRIMINAL JUSTICE  SERVICES,
or by amending a license issued pursuant to this section within one year
of  the  effective  date  of  this subdivision except any weapon defined
under subparagraph (vi) of paragraph (g) of  subdivision  twenty-two  of
section  265.00 of this chapter transferred into the state may be regis-
tered at any time, provided such weapons are  registered  within  thirty
days  of  their  transfer into the state. Registration information shall
include the registrant's name, date of birth, gender, race,  residential
address,  social  security number and a description of each weapon being
registered. A registration of any weapon defined under subparagraph (vi)
of paragraph (g) of subdivision twenty-two of section 265.00 or a  feed-
ing  device  as defined under subdivision twenty-three of section 265.00
of this chapter shall be transferable, provided that the seller notifies
the [state police] DIVISION OF CRIMINAL JUSTICE SERVICES  within  seven-
ty-two  hours  of the transfer and the buyer provides the [state police]
DIVISION OF CRIMINAL JUSTICE SERVICES  with  information  sufficient  to
constitute  a  registration  under this section. Such registration shall
not be valid if such registrant is prohibited or becomes prohibited from
possessing a firearm pursuant to state or federal law. The  [superinten-
dent] DIVISION OF CRIMINAL JUSTICE SERVICES shall determine whether such
registrant is prohibited from possessing a firearm under state or feder-
al  law.  Such check shall be limited to determining whether the factors
in 18 USC 922 (g) apply or whether a registrant has been convicted of  a
serious  offense  as  defined  in  subdivision  [sixteen-b] SEVENTEEN of
section 265.00 of this chapter, so as to prohibit such  registrant  from
possessing  a  firearm, and whether a report has been issued pursuant to
section 9.46 of the mental hygiene law. All registrants shall  recertify
to  the  division of [state police] CRIMINAL JUSTICE SERVICES every five
years thereafter. Failure to recertify shall result in a  revocation  of
such registration.
  (a-1)  Notwithstanding  any  inconsistent  provisions of paragraph (A)
OFthis subdivision, an owner of an assault weapon as defined in subdivi-
sion twenty-two of section 265.00 of this chapter, who  is  a  qualified
retired New York or federal law enforcement officer as defined in subdi-
vision  twenty-five of section 265.00 of this chapter, where such weapon
was issued to or purchased by such officer prior to  retirement  and  in
the course of his or her official duties, and for which such officer was
qualified  by the agency that employed such officer within twelve months

S. 5704                             7

prior to his or her retirement, must register such weapon  within  sixty
days of retirement.
  (b)  The [superintendent of state police] DIVISION OF CRIMINAL JUSTICE
SERVICES shall create and maintain an internet website  to  educate  the
public as to which semiautomatic rifle, semiautomatic shotgun or semiau-
tomatic  pistol  or weapon that are illegal as a result of the enactment
of [the] chapter ONE of the laws of two thousand thirteen  [which  added
this  paragraph],  as  well  as  such  assault weapons which are illegal
pursuant to article two hundred sixty-five of this chapter. Such website
shall contain information to assist the public in recognizing the  rele-
vant features proscribed by such article two hundred sixty-five, as well
as which make and model of weapons that require registration.
  (c)  A person who knowingly fails to apply to register such weapon, as
required by this section, within one year of the effective date of [the]
chapter ONE of the laws of two thousand thirteen [which added this para-
graph] shall be guilty of a class A  misdemeanor  and  such  person  who
unknowingly  fails  to validly register such weapon within such one year
period shall be given  a  warning  by  an  appropriate  law  enforcement
authority  about such failure and given thirty days in which to apply to
register such weapon or to surrender it. A failure to apply or surrender
such weapon within such thirty-day period shall result  in  such  weapon
being removed by an appropriate law enforcement authority and declared a
nuisance.
  16-b.  The cost of the software, programming and interface required to
transmit any record that must be electronically transmitted by the deal-
er or licensing officer to  the  division  of  [state  police]  CRIMINAL
JUSTICE  SERVICES, AND ANY COST BORNE BY THE LICENSING OFFICER TO ADMIN-
ISTER OR MAINTAIN RECORDS RELATED TO THE RECERTIFICATION PROCESS BY  THE
LICENSING  OFFICER,  BOTH pursuant to this chapter shall be borne by the
state.
  S 2. Section 400.02 of the penal law, as added by  chapter  1  of  the
laws of 2013, is amended to read as follows:
S 400.02 Statewide license and record database.
  There  shall be a statewide license and record database which shall be
created and maintained  by  the  division  of  [state  police]  CRIMINAL
JUSTICE  SERVICES  the  cost  of which shall not be borne by any munici-
pality. Records assembled or collected for purposes of inclusion in such
database shall not be subject to disclosure pursuant to article  six  of
the public officers law. Records containing granted license applications
shall  be  periodically  checked  by  the  division  of criminal justice
services against criminal  conviction,  mental  health,  and  all  other
records  as  are necessary to determine their continued accuracy as well
as whether an individual is no longer a valid license holder. The  divi-
sion  of criminal justice services shall also check pending applications
made pursuant to this article against such records to determine  whether
a  license  may  be granted. All state agencies shall cooperate with the
division of criminal justice services, as otherwise authorized  by  law,
in making their records available for such checks. The division of crim-
inal justice services, upon determining that an individual is ineligible
to  possess  a  license,  or  is no longer a valid license holder, shall
notify the applicable licensing official of such determination and  such
licensing  official shall not issue a license or revoke such license and
any weapons owned or possessed  by  such  individual  shall  be  removed
consistent  with  the provisions of subdivision eleven of section 400.00
of this article. Local and state law enforcement shall  have  access  to
such  database,  as  otherwise  authorized by law, in the performance of

S. 5704                             8

their duties. Records assembled or collected for purposes  of  inclusion
in  the  database established by this section shall be released pursuant
to a court order.
  S 3. This act shall take effect immediately.

assembly Bill A1259

2015-2016 Legislative Session

Creates minority and women-owned business enterprise regional advocates

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


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

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 ordered to third reading cal.62
returned to assembly
died in senate
Jun 01, 2015 referred to finance
delivered to senate
passed assembly
Apr 23, 2015 advanced to third reading cal.178
Apr 22, 2015 reported
Mar 11, 2015 reported referred to ways and means
Jan 08, 2015 referred to small business

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A1259 - Bill Details

See Senate Version of this Bill:
S2095
Law Section:
Executive Law
Laws Affected:
Amd §§310 & 311-a, add §311-b, Exec L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A1986, S5285
2011-2012: A5054
2009-2010: A5458

A1259 - Bill Texts

view summary

Creates minority and women-owned business enterprise regional advocates; provides that the advocates will help ensure that municipal agencies comply with the provisions of law relating to minority and women-owned business enterprises.

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

                                  1259

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M. of A. TITUS, CLARK, LAVINE, ROBINSON, PERRY, MORELLE,
  COOK, BARRON, PAULIN, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.
  BRENNAN, COLTON, GALEF, GUNTHER, HEASTIE,  RIVERA  --  read  once  and
  referred to the Committee on Small Business

AN  ACT  to  amend  the  executive law, in relation to creating regional
  minority and women-owned business enterprise advocate

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

  Section 1. Section 310 of the executive law is amended by adding a new
subdivision 24 to read as follows:
  24.  "REGIONAL ADVOCATE" SHALL MEAN THE PERSON APPOINTED BY THE STATE-
WIDE ADVOCATE TO SERVE IN THE CAPACITY OF MINORITY AND WOMEN-OWNED BUSI-
NESS ENTERPRISE REGIONAL ADVOCATE.
  S  2. Subdivision 2 of section 311-a of the executive law, as added by
section 4 of part BB of chapter 59 of the laws of 2006,  is  amended  to
read as follows:
  2.  The  advocate  shall act as a liaison for minority and women-owned
business enterprises (MWBEs) to  assist  them  in  obtaining  technical,
managerial,  financial and other business assistance for certified busi-
nesses and applicants. The advocate shall investigate complaints brought
by or on behalf of MWBEs concerning certification delays  and  instances
of  violations  of  law  by state agencies. The statewide advocate shall
assist certified businesses and applicants in the certification process,
DIRECT REGIONAL  LOCAL  ADVOCATES  IN  DEVELOPING  EDUCATIONAL  OUTREACH
PROGRAMS  AND  CREATE  AWARENESS  OF COMPETITIVE GRANT PROGRAMS.   Other
functions of the statewide advocate shall be directed by the commission-
er. The advocate may request and the  director  may  appoint  staff  and
employees  of the division of minority and women business development to
support the administration of the office of the statewide advocate.
  S 3. The executive law is amended by adding a  new  section  311-b  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06602-01-5

A. 1259                             2

  S  311-B.  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE REGIONAL ADVO-
CATES. 1.  REGIONAL ADVOCATE. THERE IS HEREBY ESTABLISHED WITHIN EACH OF
THE REGIONAL OFFICES ESTABLISHED  PURSUANT  TO  ARTICLE  ELEVEN  OF  THE
ECONOMIC DEVELOPMENT LAW AN OFFICE OF THE MINORITY AND WOMEN-OWNED BUSI-
NESS ENTERPRISE REGIONAL ADVOCATE.
  2. POWERS AND DUTIES. THE REGIONAL ADVOCATES SHALL:
  (A)  PROVIDE  TECHNICAL,  MANAGERIAL,  FINANCIAL  AND  OTHER  BUSINESS
ASSISTANCE TO CERTIFIED MINORITY AND WOMEN BUSINESSES OR APPLICANTS;
  (B) CONDUCT OUTREACH PROGRAMS FOR MWBES ON A BI-ANNUAL BASIS;
  (C) CONDUCT EDUCATIONAL SEMINARS  FOR  STATE  AGENCIES  ON  AN  ANNUAL
BASIS; AND
  (D)  SHALL  BE  RESPONSIBLE FOR REPORTING THE NUMBER AND CERTIFICATION
APPLICATIONS RECEIVED AND PROCESSED BY ITS REGION.
  3. THE REGIONAL ADVOCATE SHALL DOCUMENT REASONS  FOR  ANY  DENIALS  OR
DELAYS  IN THE CERTIFICATION PROCESS. REGIONAL ADVOCATES SHALL REPORT TO
THE STATEWIDE ADVOCATE AND DIRECTOR BY SEPTEMBER THIRTIETH ON AN  ANNUAL
BASIS  OF  RECOMMENDATIONS  TO THE STATE CERTIFICATION PROCESS, OUTREACH
EFFORTS AND COMPLAINTS RECEIVED OR RESOLVED.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that  the  amendments  to
article  15-A of the executive law made by this act shall not affect the
expiration of such article and shall expire therewith.

assembly Bill A7827A

2015-2016 Legislative Session

Relates to communication service surcharges applied to the county of Oswego

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to local governments
Jun 03, 2015 print number 7827a
amend and recommit to local governments
May 28, 2015 referred to local governments

Bill Amendments

A7827
A7827A
A7827
A7827A

Co-Sponsors

A7827 - Bill Details

See Senate Version of this Bill:
S5200A
Current Committee:
Law Section:
County Law
Laws Affected:
Add §309, County L

A7827 - Bill Texts

view summary

Relates to communication service surcharges applied to the county of Oswego.

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

                                  7827

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2015
                               ___________

Introduced  by  M.  of A. BARCLAY, OAKS -- read once and referred to the
  Committee on Local Governments

AN ACT to amend the county law, in  relation  to  communication  service
  surcharges applied to Oswego county

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

  Section 1. The county law is amended by adding a new  section  336  to
read as follows:
  S  336.  COUNTY OF OSWEGO ENHANCED 911 EMERGENCY TELEPHONE SYSTEM.  1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
OSWEGO ACTING THROUGH ITS  LOCAL  COUNTY  LEGISLATIVE  BODY,  IS  HEREBY
AUTHORIZED  AND EMPOWERED TO ADOPT, AMEND OR REPEAL LOCAL LAWS TO IMPOSE
A SURCHARGE, IN ADDITION TO THE SURCHARGE ESTABLISHED AND IMPOSED  UNDER
SECTION  THREE  HUNDRED  THREE  OF  THE  COUNTY LAW, IN AN AMOUNT NOT TO
EXCEED SIXTY-FIVE CENTS PER ACCESS LINE PER MONTH ON  THE  CUSTOMERS  OF
EVERY  SERVICE  SUPPLIER  WITHIN  SUCH MUNICIPALITY TO PAY FOR THE COSTS
ASSOCIATED WITH OBTAINING, OPERATING AND  MAINTAINING  THE  TELECOMMUNI-
CATION  EQUIPMENT  AND  TELEPHONE SERVICES NEEDED TO PROVIDE AN ENHANCED
911 (E911) EMERGENCY TELEPHONE SYSTEM TO SERVE SUCH COUNTY.
  2. ANY SUCH LOCAL LAW SHALL STATE THE AMOUNT  OF  THE  SURCHARGE,  THE
DATE  ON WHICH THE SERVICE SUPPLIER SHALL BEGIN TO ADD SUCH SURCHARGE TO
THE BILLINGS OF ITS CUSTOMERS AND, TO THE EXTENT PRACTICABLE,  THE  DATE
ON WHICH SUCH E911 SERVICE IS TO BEGIN. SUCH LOCAL LAW MAY AUTHORIZE THE
SERVICE SUPPLIER TO BEGIN BILLING ITS CUSTOMERS FOR SUCH SURCHARGE PRIOR
TO THE DATE THE E911 SYSTEM SERVICE IS TO BEGIN.
  3.  ANY  SERVICE  SUPPLIER  WITHIN  A MUNICIPALITY WHICH HAS IMPOSED A
SURCHARGE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL  BE  GIVEN  A
MINIMUM  OF  FORTY-FIVE  DAYS  WRITTEN NOTICE PRIOR TO THE DATE IT SHALL
BEGIN TO ADD SUCH SURCHARGE TO THE BILLINGS OF ITS CUSTOMERS OR PRIOR TO
ANY MODIFICATION TO OR CHANGE IN THE SURCHARGE AMOUNT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10480-01-5

A. 7827                             2

  4. THE SURCHARGE  ESTABLISHED  PURSUANT  TO  THE  PROVISIONS  OF  THIS
SECTION SHALL BE IMPOSED ON A PER ACCESS LINE BASIS ON ALL CURRENT BILLS
RENDERED FOR LOCAL EXCHANGE ACCESS SERVICE WITHIN THE 911 SERVICE AREA.
  5.  NO  SUCH  SURCHARGE  SHALL  BE IMPOSED UPON MORE THAN SEVENTY-FIVE
EXCHANGE ACCESS LINES PER CUSTOMER PER LOCATION.
  6. LIFELINE CUSTOMERS, A PUBLIC SAFETY  AGENCY  AND  ANY  MUNICIPALITY
WHICH HAS ENACTED A LOCAL LAW PURSUANT TO THE PROVISIONS OF THIS SECTION
SHALL BE EXEMPT FROM ANY SURCHARGE IMPOSED UNDER THIS SECTION.
  S 2. This act shall take effect immediately provided, however that the
provisions of subdivision 1 of section 336 of the county law as added by
section  one of this act shall apply to bills rendered to communications
service customers by a communications service supplier on and after  the
expiration  of  the notice period required pursuant to the provisions of
subdivision 3 of such section; and a  service  supplier  may  treat  the
address  used  by  such supplier for any communications customer under a
service contract or agreement in effect on the  effective  date  of  the
local  law  imposing  such  surcharge, as that communications customer's
place of primary use for the remaining term of such service contract  or
agreement,  excluding  any extension or renewal of such service contract
or agreement, for purposes of determining the taxing  jurisdiction  with
respect to taxes on communications service.

Co-Sponsors

A7827A - Bill Details

See Senate Version of this Bill:
S5200A
Current Committee:
Law Section:
County Law
Laws Affected:
Add §309, County L

A7827A - Bill Texts

view summary

Relates to communication service surcharges applied to the county of Oswego.

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

                                 7827--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2015
                               ___________

Introduced  by  M.  of A. BARCLAY, OAKS -- read once and referred to the
  Committee on Local Governments -- committee discharged, bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the county law, in relation to communication service
  surcharges applied to Oswego county

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

  Section  1.  The  county law is amended by adding a new section 309 to
read as follows:
  S 309. ESTABLISHMENT  OF  COUNTY  OF  OSWEGO  WIRELESS  SURCHARGE.  1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
OSWEGO,  ACTING  THROUGH  ITS  LOCAL  COUNTY LEGISLATIVE BODY, IS HEREBY
AUTHORIZED AND EMPOWERED TO ADOPT, AMEND OR REPEAL LOCAL LAWS TO  IMPOSE
A  SURCHARGE  IN AN AMOUNT NOT TO EXCEED THIRTY CENTS PER MONTH ON WIRE-
LESS COMMUNICATIONS SERVICE IN OSWEGO COUNTY.  THE  SURCHARGE  SHALL  BE
IMPOSED  ON  EACH  WIRELESS COMMUNICATIONS DEVICE AND SHALL BE REFLECTED
AND MADE PAYABLE ON BILLS RENDERED FOR WIRELESS  COMMUNICATIONS  SERVICE
THAT  IS PROVIDED TO A CUSTOMER WHOSE PLACE OF PRIMARY USE IS WITHIN THE
COUNTY. FOR PURPOSES OF THIS SECTION, THE TERM "PLACE  OF  PRIMARY  USE"
SHALL  MEAN  THE  STREET  ADDRESS  THAT  IS  REPRESENTATIVE OF WHERE THE
CUSTOMER'S USE OF THE WIRELESS COMMUNICATIONS SERVICE PRIMARILY  OCCURS,
WHICH ADDRESS MUST BE: (A) THE RESIDENTIAL STREET ADDRESS OR THE PRIMARY
BUSINESS  STREET  ADDRESS  OF  THE CUSTOMER; AND (B) WITHIN THE LICENSED
SERVICE AREA OF THE WIRELESS COMMUNICATIONS SERVICE SUPPLIER.
  2. ANY LOCAL LAW ADOPTED PURSUANT TO  THIS  SECTION  SHALL  STATE  THE
AMOUNT  OF  THE  SURCHARGE  AND  THE DATE ON WHICH THE WIRELESS COMMUNI-
CATIONS SERVICE SUPPLIER SHALL BEGIN TO ADD SUCH SURCHARGE TO THE  BILL-
INGS  OF  ITS  CUSTOMERS.  ANY  WIRELESS COMMUNICATIONS SERVICE SUPPLIER
WITHIN OSWEGO COUNTY WHICH HAS  IMPOSED  A  SURCHARGE  PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION SHALL BE GIVEN A MINIMUM OF FORTY-FIVE DAYS
WRITTEN NOTICE PRIOR TO THE DATE IT SHALL BEGIN TO ADD SUCH SURCHARGE TO
THE BILLINGS OF ITS CUSTOMERS OR PRIOR TO ANY MODIFICATION TO OR  CHANGE
IN THE SURCHARGE AMOUNT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10480-03-5

A. 7827--A                          2

  3.  (A)  EACH  WIRELESS COMMUNICATIONS SERVICE SUPPLIER SERVING OSWEGO
COUNTY SHALL ACT AS COLLECTION AGENT FOR THE COUNTY AND SHALL REMIT  THE
FUNDS  COLLECTED PURSUANT TO A SURCHARGE IMPOSED UNDER THE PROVISIONS OF
THIS SECTION TO THE CHIEF FISCAL OFFICER OF OSWEGO COUNTY  EVERY  MONTH.
SUCH  FUNDS  SHALL  BE REMITTED NO LATER THAN THIRTY DAYS AFTER THE LAST
BUSINESS DAY OF THE MONTH.
  (B) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER SHALL BE ENTITLED TO
RETAIN, AS AN ADMINISTRATIVE FEE, AN AMOUNT EQUAL TO TWO PERCENT OF  ITS
COLLECTIONS OF A SURCHARGE IMPOSED UNDER THE PROVISIONS OF THIS SECTION.
  (C)  ANY  SURCHARGE  REQUIRED  TO  BE COLLECTED BY A WIRELESS COMMUNI-
CATIONS SERVICE SUPPLIER SHALL BE ADDED TO AND STATED SEPARATELY IN  ITS
BILLINGS TO CUSTOMERS.
  (D)  EACH  WIRELESS  COMMUNICATIONS SERVICE CUSTOMER WHO IS SUBJECT TO
THE PROVISIONS OF THIS SECTION SHALL BE LIABLE TO OSWEGO COUNTY FOR  THE
SURCHARGE UNTIL IT HAS BEEN PAID TO OSWEGO COUNTY EXCEPT THAT PAYMENT TO
A  WIRELESS COMMUNICATIONS SERVICE SUPPLIER IS SUFFICIENT TO RELIEVE THE
CUSTOMER FROM FURTHER LIABILITY FOR SUCH SURCHARGE.
  (E) NO WIRELESS COMMUNICATIONS SERVICE SUPPLIER  SHALL  HAVE  A  LEGAL
OBLIGATION  TO ENFORCE THE COLLECTION OF ANY SURCHARGE IMPOSED UNDER THE
PROVISIONS OF THIS SECTION, PROVIDED, HOWEVER, THAT WHENEVER  THE  WIRE-
LESS COMMUNICATIONS SERVICE SUPPLIER REMITS THE FUNDS COLLECTED TO OSWE-
GO COUNTY, IT SHALL ALSO PROVIDE OSWEGO COUNTY WITH THE NAME AND ADDRESS
OF ANY CUSTOMER REFUSING OR FAILING TO PAY A SURCHARGE IMPOSED UNDER THE
PROVISIONS  OF THIS SECTION AND SHALL STATE THE AMOUNT OF SUCH SURCHARGE
REMAINING UNPAID.
  (F) EACH  WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER  SHALL  ANNUALLY
PROVIDE  TO  OSWEGO COUNTY AN ACCOUNTING OF THE SURCHARGE AMOUNTS BILLED
AND COLLECTED.
  4. ALL SURCHARGE MONIES REMITTED TO OSWEGO COUNTY BY A WIRELESS COMMU-
NICATIONS SERVICE SUPPLIER SHALL BE EXPENDED ONLY UPON AUTHORIZATION  OF
THE LOCAL COUNTY LEGISLATIVE BODY AND ONLY FOR PAYMENT OF ELIGIBLE WIRE-
LESS  911  SERVICE  COSTS  AS  DEFINED IN SUBDIVISION SIXTEEN OF SECTION
THREE HUNDRED TWENTY-FIVE OF THIS CHAPTER. THE COUNTY  OF  OSWEGO  SHALL
SEPARATELY ACCOUNT FOR AND KEEP ADEQUATE BOOKS AND RECORDS OF THE AMOUNT
AND SOURCE OF ALL SUCH MONIES AND OF THE AMOUNT AND OBJECT OR PURPOSE OF
ALL  EXPENDITURES  THEREOF. IF, AT THE END OF ANY FISCAL YEAR, THE TOTAL
AMOUNT OF ALL SUCH MONIES EXCEEDS THE AMOUNT NECESSARY  FOR  PAYMENT  OF
THE  ABOVE  MENTIONED  COSTS  IN  SUCH FISCAL YEAR, SUCH EXCESS SHALL BE
RESERVED AND CARRIED OVER FOR THE PAYMENT OF THOSE COSTS IN THE  FOLLOW-
ING FISCAL YEAR.
  S  2.  This act shall take effect immediately, provided, however, that
the provisions of subdivision 1 of section 309 of  the  county  law,  as
added  by section one of this act shall apply to bills rendered to wire-
less communications  service  customers  by  a  wireless  communications
service  supplier  on  and  after  the  expiration  of the notice period
required pursuant to the provisions of subdivision  2  of  such  section
309;  provided  further, that a wireless communications service supplier
may treat the address used by such supplier for  any  wireless  communi-
cations  customer under a service contract or agreement in effect on the
effective date of the local law imposing such surcharge, as  that  wire-
less  communications  customer's  place of primary use for the remaining
term of such service contract or agreement, excluding any  extension  or
renewal of such service contract or agreement, for purposes of determin-
ing  the  taxing jurisdiction with respect to taxes on wireless communi-
cations service.

assembly Bill A7827

2015-2016 Legislative Session

Relates to communication service surcharges applied to the county of Oswego

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to local governments
Jun 03, 2015 print number 7827a
amend and recommit to local governments
May 28, 2015 referred to local governments

Bill Amendments

A7827
A7827A
A7827
A7827A

Co-Sponsors

A7827 - Bill Details

Current Committee:
Law Section:
County Law
Laws Affected:
Add §336, County L

A7827 - Bill Texts

view summary

Relates to communication service surcharges applied to the county of Oswego.

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

                                  7827

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2015
                               ___________

Introduced  by  M.  of A. BARCLAY, OAKS -- read once and referred to the
  Committee on Local Governments

AN ACT to amend the county law, in  relation  to  communication  service
  surcharges applied to Oswego county

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

  Section 1. The county law is amended by adding a new  section  336  to
read as follows:
  S  336.  COUNTY OF OSWEGO ENHANCED 911 EMERGENCY TELEPHONE SYSTEM.  1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
OSWEGO ACTING THROUGH ITS  LOCAL  COUNTY  LEGISLATIVE  BODY,  IS  HEREBY
AUTHORIZED  AND EMPOWERED TO ADOPT, AMEND OR REPEAL LOCAL LAWS TO IMPOSE
A SURCHARGE, IN ADDITION TO THE SURCHARGE ESTABLISHED AND IMPOSED  UNDER
SECTION  THREE  HUNDRED  THREE  OF  THE  COUNTY LAW, IN AN AMOUNT NOT TO
EXCEED SIXTY-FIVE CENTS PER ACCESS LINE PER MONTH ON  THE  CUSTOMERS  OF
EVERY  SERVICE  SUPPLIER  WITHIN  SUCH MUNICIPALITY TO PAY FOR THE COSTS
ASSOCIATED WITH OBTAINING, OPERATING AND  MAINTAINING  THE  TELECOMMUNI-
CATION  EQUIPMENT  AND  TELEPHONE SERVICES NEEDED TO PROVIDE AN ENHANCED
911 (E911) EMERGENCY TELEPHONE SYSTEM TO SERVE SUCH COUNTY.
  2. ANY SUCH LOCAL LAW SHALL STATE THE AMOUNT  OF  THE  SURCHARGE,  THE
DATE  ON WHICH THE SERVICE SUPPLIER SHALL BEGIN TO ADD SUCH SURCHARGE TO
THE BILLINGS OF ITS CUSTOMERS AND, TO THE EXTENT PRACTICABLE,  THE  DATE
ON WHICH SUCH E911 SERVICE IS TO BEGIN. SUCH LOCAL LAW MAY AUTHORIZE THE
SERVICE SUPPLIER TO BEGIN BILLING ITS CUSTOMERS FOR SUCH SURCHARGE PRIOR
TO THE DATE THE E911 SYSTEM SERVICE IS TO BEGIN.
  3.  ANY  SERVICE  SUPPLIER  WITHIN  A MUNICIPALITY WHICH HAS IMPOSED A
SURCHARGE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL  BE  GIVEN  A
MINIMUM  OF  FORTY-FIVE  DAYS  WRITTEN NOTICE PRIOR TO THE DATE IT SHALL
BEGIN TO ADD SUCH SURCHARGE TO THE BILLINGS OF ITS CUSTOMERS OR PRIOR TO
ANY MODIFICATION TO OR CHANGE IN THE SURCHARGE AMOUNT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10480-01-5

A. 7827                             2

  4. THE SURCHARGE  ESTABLISHED  PURSUANT  TO  THE  PROVISIONS  OF  THIS
SECTION SHALL BE IMPOSED ON A PER ACCESS LINE BASIS ON ALL CURRENT BILLS
RENDERED FOR LOCAL EXCHANGE ACCESS SERVICE WITHIN THE 911 SERVICE AREA.
  5.  NO  SUCH  SURCHARGE  SHALL  BE IMPOSED UPON MORE THAN SEVENTY-FIVE
EXCHANGE ACCESS LINES PER CUSTOMER PER LOCATION.
  6. LIFELINE CUSTOMERS, A PUBLIC SAFETY  AGENCY  AND  ANY  MUNICIPALITY
WHICH HAS ENACTED A LOCAL LAW PURSUANT TO THE PROVISIONS OF THIS SECTION
SHALL BE EXEMPT FROM ANY SURCHARGE IMPOSED UNDER THIS SECTION.
  S 2. This act shall take effect immediately provided, however that the
provisions of subdivision 1 of section 336 of the county law as added by
section  one of this act shall apply to bills rendered to communications
service customers by a communications service supplier on and after  the
expiration  of  the notice period required pursuant to the provisions of
subdivision 3 of such section; and a  service  supplier  may  treat  the
address  used  by  such supplier for any communications customer under a
service contract or agreement in effect on the  effective  date  of  the
local  law  imposing  such  surcharge, as that communications customer's
place of primary use for the remaining term of such service contract  or
agreement,  excluding  any extension or renewal of such service contract
or agreement, for purposes of determining the taxing  jurisdiction  with
respect to taxes on communications service.

Co-Sponsors

A7827A - Bill Details

Current Committee:
Law Section:
County Law
Laws Affected:
Add §336, County L

A7827A - Bill Texts

view summary

Relates to communication service surcharges applied to the county of Oswego.

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

                                 7827--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2015
                               ___________

Introduced  by  M.  of A. BARCLAY, OAKS -- read once and referred to the
  Committee on Local Governments -- committee discharged, bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the county law, in relation to communication service
  surcharges applied to Oswego county

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

  Section  1.  The  county law is amended by adding a new section 309 to
read as follows:
  S 309. ESTABLISHMENT  OF  COUNTY  OF  OSWEGO  WIRELESS  SURCHARGE.  1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
OSWEGO,  ACTING  THROUGH  ITS  LOCAL  COUNTY LEGISLATIVE BODY, IS HEREBY
AUTHORIZED AND EMPOWERED TO ADOPT, AMEND OR REPEAL LOCAL LAWS TO  IMPOSE
A  SURCHARGE  IN AN AMOUNT NOT TO EXCEED THIRTY CENTS PER MONTH ON WIRE-
LESS COMMUNICATIONS SERVICE IN OSWEGO COUNTY.  THE  SURCHARGE  SHALL  BE
IMPOSED  ON  EACH  WIRELESS COMMUNICATIONS DEVICE AND SHALL BE REFLECTED
AND MADE PAYABLE ON BILLS RENDERED FOR WIRELESS  COMMUNICATIONS  SERVICE
THAT  IS PROVIDED TO A CUSTOMER WHOSE PLACE OF PRIMARY USE IS WITHIN THE
COUNTY. FOR PURPOSES OF THIS SECTION, THE TERM "PLACE  OF  PRIMARY  USE"
SHALL  MEAN  THE  STREET  ADDRESS  THAT  IS  REPRESENTATIVE OF WHERE THE
CUSTOMER'S USE OF THE WIRELESS COMMUNICATIONS SERVICE PRIMARILY  OCCURS,
WHICH ADDRESS MUST BE: (A) THE RESIDENTIAL STREET ADDRESS OR THE PRIMARY
BUSINESS  STREET  ADDRESS  OF  THE CUSTOMER; AND (B) WITHIN THE LICENSED
SERVICE AREA OF THE WIRELESS COMMUNICATIONS SERVICE SUPPLIER.
  2. ANY LOCAL LAW ADOPTED PURSUANT TO  THIS  SECTION  SHALL  STATE  THE
AMOUNT  OF  THE  SURCHARGE  AND  THE DATE ON WHICH THE WIRELESS COMMUNI-
CATIONS SERVICE SUPPLIER SHALL BEGIN TO ADD SUCH SURCHARGE TO THE  BILL-
INGS  OF  ITS  CUSTOMERS.  ANY  WIRELESS COMMUNICATIONS SERVICE SUPPLIER
WITHIN OSWEGO COUNTY WHICH HAS  IMPOSED  A  SURCHARGE  PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION SHALL BE GIVEN A MINIMUM OF FORTY-FIVE DAYS
WRITTEN NOTICE PRIOR TO THE DATE IT SHALL BEGIN TO ADD SUCH SURCHARGE TO
THE BILLINGS OF ITS CUSTOMERS OR PRIOR TO ANY MODIFICATION TO OR  CHANGE
IN THE SURCHARGE AMOUNT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10480-03-5

A. 7827--A                          2

  3.  (A)  EACH  WIRELESS COMMUNICATIONS SERVICE SUPPLIER SERVING OSWEGO
COUNTY SHALL ACT AS COLLECTION AGENT FOR THE COUNTY AND SHALL REMIT  THE
FUNDS  COLLECTED PURSUANT TO A SURCHARGE IMPOSED UNDER THE PROVISIONS OF
THIS SECTION TO THE CHIEF FISCAL OFFICER OF OSWEGO COUNTY  EVERY  MONTH.
SUCH  FUNDS  SHALL  BE REMITTED NO LATER THAN THIRTY DAYS AFTER THE LAST
BUSINESS DAY OF THE MONTH.
  (B) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER SHALL BE ENTITLED TO
RETAIN, AS AN ADMINISTRATIVE FEE, AN AMOUNT EQUAL TO TWO PERCENT OF  ITS
COLLECTIONS OF A SURCHARGE IMPOSED UNDER THE PROVISIONS OF THIS SECTION.
  (C)  ANY  SURCHARGE  REQUIRED  TO  BE COLLECTED BY A WIRELESS COMMUNI-
CATIONS SERVICE SUPPLIER SHALL BE ADDED TO AND STATED SEPARATELY IN  ITS
BILLINGS TO CUSTOMERS.
  (D)  EACH  WIRELESS  COMMUNICATIONS SERVICE CUSTOMER WHO IS SUBJECT TO
THE PROVISIONS OF THIS SECTION SHALL BE LIABLE TO OSWEGO COUNTY FOR  THE
SURCHARGE UNTIL IT HAS BEEN PAID TO OSWEGO COUNTY EXCEPT THAT PAYMENT TO
A  WIRELESS COMMUNICATIONS SERVICE SUPPLIER IS SUFFICIENT TO RELIEVE THE
CUSTOMER FROM FURTHER LIABILITY FOR SUCH SURCHARGE.
  (E) NO WIRELESS COMMUNICATIONS SERVICE SUPPLIER  SHALL  HAVE  A  LEGAL
OBLIGATION  TO ENFORCE THE COLLECTION OF ANY SURCHARGE IMPOSED UNDER THE
PROVISIONS OF THIS SECTION, PROVIDED, HOWEVER, THAT WHENEVER  THE  WIRE-
LESS COMMUNICATIONS SERVICE SUPPLIER REMITS THE FUNDS COLLECTED TO OSWE-
GO COUNTY, IT SHALL ALSO PROVIDE OSWEGO COUNTY WITH THE NAME AND ADDRESS
OF ANY CUSTOMER REFUSING OR FAILING TO PAY A SURCHARGE IMPOSED UNDER THE
PROVISIONS  OF THIS SECTION AND SHALL STATE THE AMOUNT OF SUCH SURCHARGE
REMAINING UNPAID.
  (F) EACH  WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER  SHALL  ANNUALLY
PROVIDE  TO  OSWEGO COUNTY AN ACCOUNTING OF THE SURCHARGE AMOUNTS BILLED
AND COLLECTED.
  4. ALL SURCHARGE MONIES REMITTED TO OSWEGO COUNTY BY A WIRELESS COMMU-
NICATIONS SERVICE SUPPLIER SHALL BE EXPENDED ONLY UPON AUTHORIZATION  OF
THE LOCAL COUNTY LEGISLATIVE BODY AND ONLY FOR PAYMENT OF ELIGIBLE WIRE-
LESS  911  SERVICE  COSTS  AS  DEFINED IN SUBDIVISION SIXTEEN OF SECTION
THREE HUNDRED TWENTY-FIVE OF THIS CHAPTER. THE COUNTY  OF  OSWEGO  SHALL
SEPARATELY ACCOUNT FOR AND KEEP ADEQUATE BOOKS AND RECORDS OF THE AMOUNT
AND SOURCE OF ALL SUCH MONIES AND OF THE AMOUNT AND OBJECT OR PURPOSE OF
ALL  EXPENDITURES  THEREOF. IF, AT THE END OF ANY FISCAL YEAR, THE TOTAL
AMOUNT OF ALL SUCH MONIES EXCEEDS THE AMOUNT NECESSARY  FOR  PAYMENT  OF
THE  ABOVE  MENTIONED  COSTS  IN  SUCH FISCAL YEAR, SUCH EXCESS SHALL BE
RESERVED AND CARRIED OVER FOR THE PAYMENT OF THOSE COSTS IN THE  FOLLOW-
ING FISCAL YEAR.
  S  2.  This act shall take effect immediately, provided, however, that
the provisions of subdivision 1 of section 309 of  the  county  law,  as
added  by section one of this act shall apply to bills rendered to wire-
less communications  service  customers  by  a  wireless  communications
service  supplier  on  and  after  the  expiration  of the notice period
required pursuant to the provisions of subdivision  2  of  such  section
309;  provided  further, that a wireless communications service supplier
may treat the address used by such supplier for  any  wireless  communi-
cations  customer under a service contract or agreement in effect on the
effective date of the local law imposing such surcharge, as  that  wire-
less  communications  customer's  place of primary use for the remaining
term of such service contract or agreement, excluding any  extension  or
renewal of such service contract or agreement, for purposes of determin-
ing  the  taxing jurisdiction with respect to taxes on wireless communi-
cations service.

senate Bill S2795

2015-2016 Legislative Session

Creates office of insurance consumer advocate within department of financial services

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to insurance
Jan 29, 2015 referred to insurance

S2795 - Bill Details

See Assembly Version of this Bill:
A7991
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add §210-a, Ins L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3239
2011-2012: S2220, S6210
2009-2010: S4444

S2795 - Bill Texts

view summary

Creates the office of insurance consumer advocate within the department of financial services; provides that the office shall consist of five members; describes powers and duties; provides that such office be funded by an assessment upon domestic insurers and licensed U.S. branches of alien insurers domiciled in NYS.

view sponsor memo
BILL NUMBER:S2795

TITLE OF BILL:

An act to amend the insurance law, in relation to establishing the
office of insurance consumer advocate within the department of
financial services and describing its powers and duties

SUMMARY:

The insurance law is amended by adding a new section 210-a to create
the Office of Insurance Consumer Advocate. The duties of such will
include, but not be limited to the review of rate applications,
participation in public hearings, and the review and recommendation of
legislation related to improving the insurance process for consumers.

JUSTIFICATION:

On April 7, 1986 a report of the Governor's Advisory commission on
Liability Insurance, "INSURING OUR FUTURE" - commonly known as the
Jones Commission Report - embraced the idea of creating an Office of
Insurance Consumer Advocate. The report stated that, "Although the
Insurance Department generally attends to the interests of insurance
consumers, there is no New York State appointee who is exclusively
charged with that task of representing consumer interests with respect
to insurance matters." The report continues by stressing that the
rate-making process cannot be completely fair unless "a named
individual is designated to represent this interest (consumer) and is
given full access to the information necessary to intervene on an
informed timely basis."

This recommendation is similar to the Texas law which established the
Division of Consumer protection within the State Board of Insurance to
represent the interest of insurance consumers statewide. with this
report in mind, with the Texas model as an example, and with the large
rate hikes that have been awarded to health insurance carriers, now is
the time to ensure that consumers' point of view is adequately
represented. These increases have a detrimental effect on all
policyholders, but especially those with fixed incomes. Such increases
could force many senior citizens to cancel coverage. Such issues must
be fully analyzed before a rate increase is granted. customers cannot
continue to sustain these drastic increases.

LEGISLATIVE HISTORY:

2013-14: S.3239 - Referred to Insurance
2012: S.6210 - Referred to Insurance
2011: S.2220( Kruger) - Referred to Insurance

FISCAL IMPLICATIONS:

Not known at this time.

EFFECTIVE DATE:

This act shall take effect 60 days after it shall have become law.


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

                                  2795

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

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

AN ACT to amend the insurance  law,  in  relation  to  establishing  the
  office  of insurance consumer advocate within the department of finan-
  cial services and describing its powers and duties

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

  Section  1. The insurance law is amended by adding a new section 210-a
to read as follows:
  S 210-A. OFFICE OF INSURANCE CONSUMER ADVOCATE. (A)  THERE  IS  HEREBY
CREATED WITHIN THE DEPARTMENT THE OFFICE OF INSURANCE CONSUMER ADVOCATE,
HEREAFTER  REFERRED  TO IN THIS SECTION AS THE OFFICE. SUCH OFFICE SHALL
CONSIST OF FIVE MEMBERS, THREE OF WHOM SHALL BE APPOINTED BY THE  SECRE-
TARY  OF STATE AND TWO OF WHOM SHALL BE APPOINTED BY THE SUPERINTENDENT.
MEMBERS OF THE OFFICE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICE AS
MEMBERS, BUT SHALL  BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  (B) THE OFFICE, TOGETHER WITH THE DEPARTMENT OF STATE, SHALL:
  (1)  ASSESS  THE  IMPACT  OF  INSURANCE REGULATORY ACTIONS ON NEW YORK
CONSUMERS. SUCH ASSESSMENT SHALL INCLUDE THE REVIEW OF APPLICATIONS  FOR
SUBSCRIBER  RATE  CHANGES  FILED  BY HEALTH INSURANCE PROVIDERS LICENSED
PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER AND  ARTICLE  FORTY-FOUR
OF THE PUBLIC HEALTH LAW.
  (2) APPEAR AT PUBLIC HEARINGS AS A REPRESENTATIVE OF CONSUMERS, TREAT-
ED  AS A CLASS, WITH RESPECT TO RATE-SETTING MATTERS THAT ARE BEFORE THE
SUPERINTENDENT THAT AFFECT THE CONSUMING PUBLIC.
  (3) POSSESS ALL RIGHTS AND POWERS OF ANY PARTY AT  INTEREST  APPEARING
BEFORE  THE  DEPARTMENT WITH REGARD TO EXAMINATION AND CROSS-EXAMINATION
OF WITNESSES AND PRESENTATION OF EVIDENCE.
  (4) HAVE ACCESS AS ANY PARTY, OTHER THAN STAFF, TO ALL  RECORDS  GATH-
ERED  BY  THE DEPARTMENT INCLUDING NONPRIVILEGED MATERIAL WHICH IS RELE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06849-01-5

S. 2795                             2

VANT TO THE SUBJECT MATTER  INVOLVED  IN  SUCH  PROCEEDINGS  BEFORE  THE
DEPARTMENT.
  (5)  RECOMMEND  INSURANCE-RELATED  LEGISLATION  TO  THE LEGISLATURE IN
CONSULTATION WITH THE DEPARTMENT OF STATE THAT  IN  ITS  JUDGMENT  WOULD
POSITIVELY AFFECT THE INTERESTS OF CONSUMERS.
  THE  OFFICE  SHALL  NOT PREEMPT THE APPEARANCE OF OTHER CONSUMER ADVO-
CATES AT ANY OFFICIAL PROCEEDINGS.
  (C) THE OFFICE SHALL BE FUNDED BY  AN  ASSESSMENT  UPON  ALL  DOMESTIC
INSURERS AND ALL LICENSED UNITED STATES BRANCHES OF ALIEN INSURERS DOMI-
CILED  IN  THIS  STATE  IN THE SAME MANNER AS SUCH INSURERS ARE ASSESSED
PURSUANT TO SECTION THREE HUNDRED THIRTY-THREE  OF  THIS  CHAPTER.  SUCH
ASSESSMENT  SHALL BE FOR THE PURPOSE OF DEFRAYING THE COSTS OF CREATING,
ADMINISTERING AND OPERATING THE OFFICE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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