The New York State Senate

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

                                   919

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sens. AVELLA, ADDABBO -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  reduction of mercury in mercury-added lamps

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

  Section  1.   Section 27-2101 of the environmental conservation law is
amended by adding five new subdivisions 30, 31, 32, 33, and 34  to  read
as follows:
  30.  "MERCURY-ADDED  LAMP"  MEANS AN ELECTRIC LAMP TO WHICH MERCURY OR
MERCURY COMPOUNDS ARE INTENTIONALLY ADDED DURING THE MANUFACTURING PROC-
ESS, INCLUDING, BUT NOT LIMITED TO,  COMPACT  FLUORESCENT  LAMPS,  HALO-
PHOSPHATE  STRAIGHT  FLUORESCENT LAMPS, AND TRIPHOSPHATE (TRIBAND PHOSP-
HATES) STRAIGHT FLUORESCENT LAMPS WITH NORMAL OR LONG LIFETIME.
  31. "PRODUCER OF MERCURY-ADDED LAMPS" MEANS ANY PERSON WHO:
  (A) MANUFACTURES AND SELLS MERCURY-ADDED LAMPS UNDER ITS OWN BRAND;
  (B) RESELLS UNDER ITS OWN BRAND EQUIPMENT PRODUCED BY OTHER SUPPLIERS,
A RESELLER NOT BEING REGARDED AS THE PRODUCER OF MERCURY-ADDED LAMPS  IF
THE  BRAND  OF THE PRODUCER OF MERCURY-ADDED LAMPS APPEARS ON THE EQUIP-
MENT, AS PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION;
  (C) IMPORTS OR  EXPORTS  ELECTRICAL  AND  ELECTRONIC  EQUIPMENT  ON  A
PROFESSIONAL BASIS; OR
  (D)  SERVES AS THE IMPORTER OR DOMESTIC DISTRIBUTOR OF A MERCURY-ADDED
LAMP IF THE BRAND NAME OWNER IS LOCATED OUTSIDE OF THE UNITED STATES.
  32. "GENERAL PURPOSE LIGHTS" MEANS THE FOLLOWING LAMPS, BULBS,  TUBES,
OR  OTHER  ELECTRIC  DEVICES  THAT  PROVIDE  FUNCTIONAL ILLUMINATION FOR
INDOOR RESIDENTIAL, INDOOR COMMERCIAL, AND OUTDOOR USE: COMPACT FLUORES-
CENT LAMPS UP TO NINE INCHES IN LENGTH AND STRAIGHT FLUORESCENT LAMPS UP
TO FIFTY INCHES IN LENGTH WITH A MEDIUM BI-PIN OR MINIATURE BI-PIN BASE,
THAT OPERATE ON AN INSTANT  START,  RAPID  START,  OR  PROGRAMMED  START

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01925-01-5

S. 919                              2

BALLAST. GENERAL PURPOSE LIGHTS SHALL NOT INCLUDE T12 LAMPS THAT OPERATE
ON  A  REFERENCE  CURRENT  GREATER THAN FOUR HUNDRED FIFTY MILLIAMPS, T8
LAMPS THAT OPERATE ON A REFERENCE CURRENT  GREATER  THAN  THREE  HUNDRED
FIFTY MILLIAMPS, OR SPECIAL PURPOSE LIGHTS.
  33.  "SPECIAL  PURPOSE LIGHTS" MEANS THE FOLLOWING SPECIALTY LIGHTING:
APPLIANCE, BLACK LIGHT, GERMICIDAL, BUG, COLORED, PLANT  LIGHT,  REFLEC-
TOR, REPROGRAPHIC, SHATTER RESISTANT, COLD TEMPERATURE, OR THREE-WAY.
  34.  "LONG  LIFETIME"  MEANS MORE THAN TWENTY-FOUR THOUSAND HOURS WHEN
TESTED ON AN ELECTRONIC OR ELECTROMAGNETIC BALLAST, INCLUDING,  BUT  NOT
LIMITED  TO, A T8 INSTANT START BALLAST, A T12 RAPID START BALLAST, OR A
T5 PROGRAMMED START BALLAST, AND TURNED ON AND  OFF  EVERY  THREE  HOURS
("THREE HOUR STARTS").
  S  2. Section 27-2107 of the environmental conservation law is amended
by adding two new subdivisions 11 and 12 to read as follows:
  11. ON AND AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, NO PRODUCER OF
MERCURY-ADDED LAMPS SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE SUCH LAMPS
THAT FAIL TO MEET MERCURY CONTENT STANDARDS ADOPTED BY  THE  DEPARTMENT,
AND  FOR  THE FOLLOWING GENERAL PURPOSE LIGHTS, MERCURY CONTENT SHALL BE
NO HIGHER THAN:
  (A) FIVE MILLIGRAMS FOR COMPACT FLUORESCENT LAMPS;
  (B) TEN MILLIGRAMS FOR HALOPHOSPHATE STRAIGHT FLUORESCENT LAMPS;
  (C) FIVE MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLUORESCENT LAMPS WITH A
NORMAL LIFETIME;
  (D) EIGHT MILLIGRAMS FOR TRIPHOSPHATE STRAIGHT FLUORESCENT LAMPS  WITH
A LONG LIFETIME.
  12. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN, MERCU-
RY  CONTENT  STANDARDS ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL
NOT APPLY TO SPECIAL PURPOSE LIGHTS.
  S 3. Section 27-2111 of the environmental conservation law, as amended
by chapter 676 of the laws of 2005, is amended to read as follows:
S 27-2111. Regulations.
  The department shall promulgate and enforce any regulations  necessary
to implement the provisions of this title.
  Such  regulations  shall provide for the proper storage, recycling and
disposal of mercury-added  consumer  products  at  facilities  regulated
pursuant to titles seven and nine of this article.
  SUCH  REGULATIONS MAY PROVIDE FOR MERCURY CONTENT STANDARDS FOR MERCU-
RY-ADDED LAMPS NOT INCONSISTENT WITH SECTION 27-2107 OF THIS TITLE.
  S 4. Subdivision 1 of section 71-2724 of the  environmental  conserva-
tion  law,  as  added  by chapter 145 of the laws of 2004, is amended to
read as follows:
  1. Any person who knowingly or intentionally violates any provision of
or fails to perform any duty pursuant to  title  twenty-one  of  article
twenty-seven  of this chapter, except subdivision one of section 27-2105
AND SUBDIVISION ELEVEN OF SECTION 27-2107 of this  chapter,  shall  upon
the  first finding of such a violation be liable for a civil penalty not
to exceed one hundred dollars. Any  person  convicted  of  a  second  or
subsequent  violation  shall be liable for a civil penalty not to exceed
five hundred dollars for each violation.
  S 5. Section 71-2724 of the environmental conservation law is  amended
by adding a new subdivision 2-a to read as follows:
  2-A.  ANY  PERSON  WHO KNOWINGLY OR INTENTIONALLY VIOLATES OR FAILS TO
PERFORM ANY DUTY IMPOSED BY SUBDIVISION ELEVEN  OF  SECTION  27-2107  OF
THIS  CHAPTER  OR ANY OF THE PROVISIONS, RULE, OR REGULATION PROMULGATED
PURSUANT THERETO SHALL BE PUNISHABLE IN THE CASE OF A  FIRST  VIOLATION,
BY  A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS. IN THE CASE OF A

S. 919                              3

SECOND AND ANY FURTHER VIOLATION, THE LIABILITY SHALL  BE  FOR  A  CIVIL
PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR EACH VIOLATION.
  S 6. This act shall take effect immediately.

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

                                   916

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to direct the public service commission to undertake a study of
  consumer protections adopted by electric corporations and utilities

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

  Section  1.  The New York State public service commission shall under-
take an immediate study of  consumer  protections  adopted  by  electric
corporations  and  municipalities ("utilities") pursuant to article 2 of
the public service law and provide a report to the governor, the  tempo-
rary  president of the senate, the speaker of the assembly, the chair of
the senate committee on energy and telecommunications and the  chair  of
the  assembly committee on energy. Such report shall include an analysis
of the effectiveness of current utility procedures for notifying custom-
ers in arrears on utility charges of how they may avoid  termination  of
electric,  gas  or steam service, including the availability of deferred
payment agreements. In addition, such report shall review  the  adequacy
of the commission's assistance to customers negotiating deferred payment
agreements  with utilities in lieu of disconnection of service including
the number of deferred payment plans by utility service  territory;  the
number of incidences, if any, in which utilities have required more than
the  lawfully  allowed  level of down payments or deferred payments from
customers seeking to connect service or avoid disconnection; the  effec-
tiveness and availability of the commission's shutoff hotline in receiv-
ing  calls  from customers facing termination of electric, gas and steam
service; the call volume to such hotline in each utility service  terri-
tory;  the  monthly  number  of  electric  and natural gas customers who
previously received utility bill assistance from the Home Energy Assist-
ance Program whose service was terminated for bill  collection  purposes
in  each  utility  service  area in the previous calendar year, provided

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01298-01-5

S. 916                              2

further that the commission shall  require  each  utility  provide  such
information while maintaining customer confidentiality; and any proposed
legislative  remedies  necessary  to increase customer awareness of such
hotline. The report shall be made available to the public on the commis-
sion's website.
  S  2. The New York State public service commission shall seek comments
from utilities, municipalities, consumer advocates and  the  public  and
may  include  in the report recommendations to improve existing consumer
protection policies.
  S 3. If the study pursuant to section one of this act is not  received
by  November  15,  2016,  the  commission  shall  institute a moratorium
preventing utility corporations from terminating electric, gas or  steam
service  to any residential customer in arrears with whom it has entered
into an agreement for the provision of  such  services.  The  moratorium
shall last for the period beginning December 1, 2016 and ending on March
31,  2017.  Nothing  in this act shall be construed to prevent a utility
corporation from charging customers for electric, gas or  steam  service
or  from  offering a deferred payment agreement for the period beginning
December 1, 2016 and ending on March 31, 2017.
  S 4. This act shall take effect immediately.

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

                                   937

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

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

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to enacting Allison's law - the traffic safety compliance act
  relative  to  requests  for  and  study  of  implementation of traffic
  control devices in the city

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

  Section  1. This act shall be known and may be cited as "Allison's law
- the traffic safety compliance act".
  S 2. Chapter 1 of title 19 of the administrative code of the  city  of
New York is amended by adding a new subchapter 4 to read as follows:
                               SUBCHAPTER 4
                      TRAFFIC SAFETY COMPLIANCE ACT
  S  19-192   TRAFFIC  CONTROL  DEVICE STUDY AND REPORT. 1. WITHIN THREE
MONTHS OF RECEIVING A REQUEST TO IMPLEMENT A TRAFFIC CONTROL DEVICE, THE
DEPARTMENT SHALL PERFORM AN ENGINEERING STUDY  OR  INTERSECTION  CONTROL
STUDY  PURSUANT  TO  THE  REQUIREMENTS OF THE NATIONAL MANUAL ON UNIFORM
TRAFFIC CONTROL DEVICES (HEREINAFTER REFERRED  TO  IN  THIS  SECTION  AS
"MUTCD"),  PROMULGATED BY THE FEDERAL HIGHWAY ADMINISTRATION PURSUANT TO
SUBPART F OF PART 655 OF TITLE 23 OF THE CODE OF FEDERAL REGULATIONS.
  2. UPON COMPLETION OF SUCH STUDY, THE DEPARTMENT SHALL PREPARE A WRIT-
TEN REPORT DETAILING THE ANALYSES DONE DURING THE  STUDY,  INCLUDING  AN
EXPLANATION  OF THE ANALYSIS OF CRITERIA OR WARRANTS CONSIDERED PURSUANT
TO THE MUTCD. IF A SPECIFIC TRAFFIC CONTROL DEVICE LOCATION IS DEEMED TO
HAVE FAILED TO MEET ANY OF THE  CRITERIA  OR  WARRANTS  CONSIDERED,  THE
WRITTEN  REPORT  SHALL  PROVIDE  A  DETAILED  EXPLANATION OF THE REASONS
THEREFORE.
  3. A COPY OF THE DEPARTMENT'S REPORT SHALL BE PROVIDED TO THE PARTY OR
PARTIES THAT REQUESTED IMPLEMENTATION OF THE TRAFFIC CONTROL DEVICE  AND
SHALL  BE  AVAILABLE  TO  THE  PUBLIC  WITHOUT COST AT THE OFFICE OF THE
DEPARTMENT.
  4. IF IN RESPONSE TO A REQUEST AND AFTER COMPLETION OF THE  STUDY  AND
REPORT REQUIRED BY THIS SECTION, THE DEPARTMENT DETERMINES THAT NO TRAF-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00172-02-5

S. 937                              2

FIC  CONTROL  DEVICE  IS  WARRANTED, THE PARTY OR PARTIES THAT REQUESTED
IMPLEMENTATION OF THE TRAFFIC CONTROL DEVICE SHALL BE ENTITLED TO  APPLY
TO  THE  COMMISSIONER  FOR A REVIEW OF THE FINDINGS WITHIN SIXTY DAYS OF
THE  DATE OF NOTIFICATION. THE APPEALING PARTY OR PARTIES SHALL BE ENTI-
TLED TO SUBMIT NEW DATA WITH THE APPEAL, WHICH NEW DATA MUST BE  CONSID-
ERED BY THE DEPARTMENT AND ADDRESSED IN A SUPPLEMENTARY REPORT. IF AFTER
CONSIDERATION  OF  ANY NEW DATA, THE DEPARTMENT STILL DETERMINES THAT NO
TRAFFIC CONTROL DEVICE IS WARRANTED, THE COMMISSIONER  SHALL  REFER  THE
MATTER TO AN INDEPENDENT ADVISORY BOARD TO REVIEW THE DEPARTMENT'S FIND-
INGS.  A  COPY OF THE ADVISORY BOARD'S RECOMMENDATIONS SHALL BE PROMPTLY
FORWARDED TO THE PARTY OR PARTIES AND TO THE COMMISSIONER. IF THE  ADVI-
SORY  BOARD'S  RECOMMENDATION IS REJECTED BY THE COMMISSIONER, WHOLLY OR
IN PART, THE COMMISSIONER SHALL  STATE  HIS  OR  HER  REASONS  FOR  SUCH
REJECTION IN WRITING.
  5. THE ADVISORY BOARD SHALL CONSIST OF FIVE MEMBERS. THE MEMBERSHIP OF
THE  BOARD SHALL CONSIST OF THE DEPUTY MAYOR FOR PUBLIC SAFETY OR HIS OR
HER ASSIGNEE, THE POLICE COMMISSIONER OR HIS OR HER ASSIGNEE, ONE PERSON
APPOINTED BY THE COMMISSIONER AND TWO RESIDENTS OF THE CITY APPOINTED BY
THE NEW YORK CITY COUNCIL. EACH OF THE MEMBERS  OF  THE  ADVISORY  BOARD
SHALL  SERVE DURING THE TERM OF THEIR RESPECTIVE OFFICES OR, IN THE CASE
OF AN ASSIGNEE OF SUCH AN  OFFICER  AND  THE  MEMBER  APPOINTED  BY  THE
COMMISSIONER,  AT  THE PLEASURE OF SUCH OFFICER AND THE COMMISSIONER OR,
IN THE CASE OF AN ASSIGNEE OF THE NEW YORK CITY COUNCIL, FOR A PERIOD OF
FOUR YEARS, RESPECTIVELY. NO MEMBER  OF  THE  ADVISORY  BOARD  SHALL  BE
DISQUALIFIED  FROM HOLDING ANY OTHER PUBLIC OFFICE, NOR SHALL EMPLOYMENT
BE FORFEITED BY REASON OF THE MEMBER'S APPOINTMENT  HEREUNDER,  NOTWITH-
STANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE,
COUNTY  OR CITY CHARTER. ALL MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE
ACTUAL AND NECESSARY EXPENSES  INCURRED  IN  THE  PERFORMANCE  OF  THEIR
DUTIES.
  6.  AFTER  COMPLETING A STUDY PURSUANT TO THIS SECTION, THE DEPARTMENT
SHALL NOT BE REQUIRED TO COMPLETE ANOTHER STUDY AT THE SAME LOCATION FOR
TWELVE MONTHS FOLLOWING SUCH STUDY,  UNLESS  IT  IS  DETERMINED  BY  THE
DEPARTMENT  THAT TRAFFIC CONDITIONS AT THE LOCATION HAVE CHANGED SIGNIF-
ICANTLY SINCE THE COMPLETION OF SUCH STUDY.
  S 19-193 COLLECTION OF ACCIDENT DATA. IN PERFORMING A  STUDY  REQUIRED
BY  SECTION  19-192 OF THIS SUBCHAPTER, THE DEPARTMENT SHALL COLLECT AND
CONSIDER ACCIDENT DATA. IN ADDITION TO INFORMATION  RETRIEVED  FROM  THE
STATE  POLICE  DEPARTMENT  ACCIDENT INDEX SYSTEM AND INDIVIDUAL ACCIDENT
REPORTS, SUCH ACCIDENT DATA SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
  1. REPORTS OF ACCIDENTS CONTAINED IN AFFIDAVITS SIGNED BY  MEMBERS  OF
THE  PUBLIC. A PERSON MAKING A FALSE STATEMENT OR PROVIDING FALSE INFOR-
MATION OF FALSE TESTIMONY IN  A  REPORT  UNDER  THIS  SECTION  SHALL  BE
SUBJECT  TO  CRIMINAL PROSECUTION PURSUANT TO ARTICLE ONE HUNDRED SEVEN-
TY-FIVE OR ARTICLE TWO HUNDRED TEN OF THE PENAL LAW.
  2. TRAFFIC ACCIDENT DATA COLLECTED BY THE STATE DEPARTMENT  OF  FINAN-
CIAL  SERVICES  AS  A  RESULT OF AUTOMOBILE INSURANCE CLAIMS RELATING TO
TRAFFIC ACCIDENTS. SUCH DATA, WHICH RELATES TO TRAFFIC ACCIDENTS  OCCUR-
RING  WITHIN  THE  CITY,  SHALL  BE  PROVIDED BY THE STATE DEPARTMENT OF
FINANCIAL SERVICES, WITH SPECIFIC INFORMATION IDENTIFYING  THE  LOCATION
OF REPORTED ACCIDENTS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

                                 937--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

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

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to enacting the traffic safety  compliance  act  relative  to
  requests for and study of implementation of traffic control devices in
  the city

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

  Section 1. This act shall be known and may be cited  as  the  "traffic
safety compliance act".
  S  2.  Chapter 1 of title 19 of the administrative code of the city of
New York is amended by adding a new subchapter 4 to read as follows:
                               SUBCHAPTER 4
                      TRAFFIC SAFETY COMPLIANCE ACT
  S 19-192  TRAFFIC CONTROL DEVICE STUDY AND  REPORT.  1.  WITHIN  THREE
MONTHS OF RECEIVING A REQUEST TO IMPLEMENT A TRAFFIC CONTROL DEVICE, THE
DEPARTMENT  SHALL  PERFORM  AN ENGINEERING STUDY OR INTERSECTION CONTROL
STUDY PURSUANT TO THE REQUIREMENTS OF THE  NATIONAL  MANUAL  ON  UNIFORM
TRAFFIC  CONTROL  DEVICES  (HEREINAFTER  REFERRED  TO IN THIS SECTION AS
"MUTCD"), PROMULGATED BY THE FEDERAL HIGHWAY ADMINISTRATION PURSUANT  TO
SUBPART F OF PART 655 OF TITLE 23 OF THE CODE OF FEDERAL REGULATIONS.
  2. UPON COMPLETION OF SUCH STUDY, THE DEPARTMENT SHALL PREPARE A WRIT-
TEN  REPORT  DETAILING  THE ANALYSES DONE DURING THE STUDY, INCLUDING AN
EXPLANATION OF THE ANALYSIS OF CRITERIA OR WARRANTS CONSIDERED  PURSUANT
TO THE MUTCD. IF A SPECIFIC TRAFFIC CONTROL DEVICE LOCATION IS DEEMED TO
HAVE  FAILED  TO  MEET  ANY  OF THE CRITERIA OR WARRANTS CONSIDERED, THE
WRITTEN REPORT SHALL PROVIDE  A  DETAILED  EXPLANATION  OF  THE  REASONS
THEREFORE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00172-03-5

S. 937--A                           2

  3. A COPY OF THE DEPARTMENT'S REPORT SHALL BE PROVIDED TO THE PARTY OR
PARTIES  THAT REQUESTED IMPLEMENTATION OF THE TRAFFIC CONTROL DEVICE AND
SHALL BE AVAILABLE TO THE PUBLIC WITHOUT  COST  AT  THE  OFFICE  OF  THE
DEPARTMENT.
  4.  IF  IN RESPONSE TO A REQUEST AND AFTER COMPLETION OF THE STUDY AND
REPORT REQUIRED BY THIS SECTION, THE DEPARTMENT DETERMINES THAT NO TRAF-
FIC CONTROL DEVICE IS WARRANTED, THE PARTY  OR  PARTIES  THAT  REQUESTED
IMPLEMENTATION  OF THE TRAFFIC CONTROL DEVICE SHALL BE ENTITLED TO APPLY
TO THE COMMISSIONER FOR A REVIEW OF THE FINDINGS WITHIN  SIXTY  DAYS  OF
THE  DATE OF NOTIFICATION. THE APPEALING PARTY OR PARTIES SHALL BE ENTI-
TLED TO SUBMIT NEW DATA WITH THE APPEAL, WHICH NEW DATA MUST BE  CONSID-
ERED BY THE DEPARTMENT AND ADDRESSED IN A SUPPLEMENTARY REPORT. IF AFTER
CONSIDERATION  OF  ANY NEW DATA, THE DEPARTMENT STILL DETERMINES THAT NO
TRAFFIC CONTROL DEVICE IS WARRANTED, THE COMMISSIONER  SHALL  REFER  THE
MATTER TO AN INDEPENDENT ADVISORY BOARD TO REVIEW THE DEPARTMENT'S FIND-
INGS.  A  COPY OF THE ADVISORY BOARD'S RECOMMENDATIONS SHALL BE PROMPTLY
FORWARDED TO THE PARTY OR PARTIES AND TO THE COMMISSIONER. IF THE  ADVI-
SORY  BOARD'S  RECOMMENDATION IS REJECTED BY THE COMMISSIONER, WHOLLY OR
IN PART, THE COMMISSIONER SHALL  STATE  HIS  OR  HER  REASONS  FOR  SUCH
REJECTION IN WRITING.
  5. THE ADVISORY BOARD SHALL CONSIST OF FIVE MEMBERS. THE MEMBERSHIP OF
THE  BOARD SHALL CONSIST OF THE DEPUTY MAYOR FOR PUBLIC SAFETY OR HIS OR
HER ASSIGNEE, THE POLICE COMMISSIONER OR HIS OR HER ASSIGNEE, ONE PERSON
APPOINTED BY THE COMMISSIONER AND TWO RESIDENTS OF THE CITY APPOINTED BY
THE NEW YORK CITY COUNCIL. EACH OF THE MEMBERS  OF  THE  ADVISORY  BOARD
SHALL  SERVE DURING THE TERM OF THEIR RESPECTIVE OFFICES OR, IN THE CASE
OF AN ASSIGNEE OF SUCH AN  OFFICER  AND  THE  MEMBER  APPOINTED  BY  THE
COMMISSIONER,  AT  THE PLEASURE OF SUCH OFFICER AND THE COMMISSIONER OR,
IN THE CASE OF AN ASSIGNEE OF THE NEW YORK CITY COUNCIL, FOR A PERIOD OF
FOUR YEARS, RESPECTIVELY. NO MEMBER  OF  THE  ADVISORY  BOARD  SHALL  BE
DISQUALIFIED  FROM HOLDING ANY OTHER PUBLIC OFFICE, NOR SHALL EMPLOYMENT
BE FORFEITED BY REASON OF THE MEMBER'S APPOINTMENT  HEREUNDER,  NOTWITH-
STANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE,
COUNTY  OR CITY CHARTER. ALL MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE
ACTUAL AND NECESSARY EXPENSES  INCURRED  IN  THE  PERFORMANCE  OF  THEIR
DUTIES.
  6.  AFTER  COMPLETING A STUDY PURSUANT TO THIS SECTION, THE DEPARTMENT
SHALL NOT BE REQUIRED TO COMPLETE ANOTHER STUDY AT THE SAME LOCATION FOR
TWELVE MONTHS FOLLOWING SUCH STUDY,  UNLESS  IT  IS  DETERMINED  BY  THE
DEPARTMENT  THAT TRAFFIC CONDITIONS AT THE LOCATION HAVE CHANGED SIGNIF-
ICANTLY SINCE THE COMPLETION OF SUCH STUDY.
  S 19-193 COLLECTION OF ACCIDENT DATA. IN PERFORMING A  STUDY  REQUIRED
BY  SECTION  19-192 OF THIS SUBCHAPTER, THE DEPARTMENT SHALL COLLECT AND
CONSIDER ACCIDENT DATA. IN ADDITION TO INFORMATION  RETRIEVED  FROM  THE
STATE  POLICE  DEPARTMENT  ACCIDENT INDEX SYSTEM AND INDIVIDUAL ACCIDENT
REPORTS, SUCH ACCIDENT DATA SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
  1. REPORTS OF ACCIDENTS CONTAINED IN AFFIDAVITS SIGNED BY  MEMBERS  OF
THE  PUBLIC. A PERSON MAKING A FALSE STATEMENT OR PROVIDING FALSE INFOR-
MATION OF FALSE TESTIMONY IN  A  REPORT  UNDER  THIS  SECTION  SHALL  BE
SUBJECT  TO  CRIMINAL PROSECUTION PURSUANT TO ARTICLE ONE HUNDRED SEVEN-
TY-FIVE OR ARTICLE TWO HUNDRED TEN OF THE PENAL LAW.
  2. TRAFFIC ACCIDENT DATA COLLECTED BY THE STATE DEPARTMENT  OF  FINAN-
CIAL  SERVICES  AS  A  RESULT OF AUTOMOBILE INSURANCE CLAIMS RELATING TO
TRAFFIC ACCIDENTS. SUCH DATA, WHICH RELATES TO TRAFFIC ACCIDENTS  OCCUR-
RING  WITHIN  THE  CITY,  SHALL  BE  PROVIDED BY THE STATE DEPARTMENT OF

S. 937--A                           3

FINANCIAL SERVICES, WITH SPECIFIC INFORMATION IDENTIFYING  THE  LOCATION
OF REPORTED ACCIDENTS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

                                   938

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

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

AN ACT to amend the agriculture and markets law, in relation  to  estab-
  lishing  a  five percent surcharge on the sale of animals by pet deal-
  ers; and to amend the state finance law, in relation  to  establishing
  the "New York animal shelter and wildlife rehabilitator account"

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

  Section 1. The agriculture and markets law is amended by adding a  new
section 380 to read as follows:
  S  380.  ANIMAL  SALE  SURCHARGE. 1. WHENEVER ANY PET DEALER SELLS ANY
ANIMAL, THERE SHALL BE LEVIED UPON SUCH PET DEALER A MANDATORY SURCHARGE
IN THE AMOUNT OF FIVE PERCENT OF THE TOTAL OF THE PRICE  OF  THE  ANIMAL
AND  ANY  ANCILLARY PRODUCTS SOLD ON THE DATE SUCH ANIMAL WAS PURCHASED.
SUCH MANDATORY SURCHARGE SHALL BE PAID  TO  THE  STATE  COMPTROLLER  WHO
SHALL  DEPOSIT SUCH MONEY IN THE STATE TREASURY TO THE CREDIT OF THE NEW
YORK ANIMAL  SHELTER  AND  WILDLIFE  REHABILITATOR  ACCOUNT  ESTABLISHED
PURSUANT TO SECTION NINETY-NINE-W OF THE STATE FINANCE LAW.
  2.  FOR THE PURPOSES OF THIS SECTION, THE TERM "PET DEALER" SHALL MEAN
ANY PERSON WHO ENGAGES IN THE SALE OR OFFERING FOR  SALE  OF  MORE  THAN
NINE  ANIMALS  PER  YEAR FOR PROFIT TO THE PUBLIC. SUCH DEFINITION SHALL
INCLUDE BREEDERS WHO SELL OR OFFER TO  SELL  ANIMALS;  PROVIDED  THAT  A
BREEDER  WHO SELLS OR OFFERS TO SELL DIRECTLY TO THE CONSUMER FEWER THAN
TWENTY-FIVE ANIMALS PER YEAR THAT ARE BORN AND RAISED ON  THE  BREEDER'S
RESIDENTIAL PREMISES SHALL NOT BE CONSIDERED A PET DEALER AS A RESULT OF
SELLING  OR OFFERING TO SELL SUCH ANIMALS. SUCH DEFINITION SHALL FURTHER
NOT INCLUDE DULY INCORPORATED HUMANE SOCIETIES DEDICATED TO THE CARE  OF
UNWANTED  ANIMALS WHICH MAKE SUCH ANIMALS AVAILABLE FOR ADOPTION WHETHER
OR NOT A FEE FOR SUCH ADOPTION IS CHARGED.
  S 2. The state finance law is amended by adding a new section 99-w  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00178-01-5

S. 938                              2

  S  99-W.  ANIMAL SHELTER AND WILDLIFE REHABILITATOR ACCOUNT. 1.  THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF  TAXA-
TION  AND  FINANCE,  THE COMPTROLLER AND A NON-GOVERNMENTAL ENTITY TO BE
CHOSEN BY THE COMMISSIONER OF TAXATION AND FINANCE AND  THE  COMPTROLLER
PURSUANT  TO  SUBDIVISION  FOUR OF THIS SECTION, A SPECIAL ACCOUNT TO BE
KNOWN AS  THE  "NEW  YORK  ANIMAL  SHELTER  AND  WILDLIFE  REHABILITATOR
ACCOUNT".
  2. SUCH ACCOUNT SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
PROVISIONS  OF  SECTION  THREE  HUNDRED  EIGHTY  OF  THE AGRICULTURE AND
MARKETS LAW AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR  TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED
IN  THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR
BEQUESTS FOR THE PURPOSES OF THE ACCOUNT AS DEFINED IN THIS SECTION  AND
DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
  3. MONIES OF THE ACCOUNT SHALL BE EXPENDED AS FOLLOWS:
  (A)  SEVENTY-FIVE  PERCENT  OF  SUCH MONIES SHALL BE USED TO SUBSIDIZE
ANIMAL SHELTERS;
  (B) TWENTY PERCENT OF SUCH MONIES SHALL BE USED TO SUBSIDIZE  WILDLIFE
REHABILITATORS LICENSED PURSUANT TO SECTION 11-0515 OF THE ENVIRONMENTAL
CONSERVATION LAW; AND
  (C)  FIVE  PERCENT  OF  SUCH  MONIES SHALL BE USED BY THE ORGANIZATION
CHOSEN PURSUANT TO SUBDIVISION FOUR OF THIS SECTION  FOR  ADMINISTRATIVE
COSTS INCURRED DURING THE ADMINISTRATION OF THIS ACCOUNT.
  4.  THE  COMPTROLLER IN CONSULTATION WITH THE COMMISSIONER OF AGRICUL-
TURE  AND  MARKETS  SHALL  DESIGNATE  A  NON-GOVERNMENTAL   ORGANIZATION
SPECIALIZING  IN ANIMAL PROTECTION TO ADMINISTER THE ACCOUNT ESTABLISHED
PURSUANT TO THIS SECTION.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
to be made and completed on or before such date.

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

                                   945

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sens. AVELLA, PERALTA -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Racing,  Gaming
  and Wagering

AN  ACT to amend the tax law, in relation to authorizing the creation of
  the community group assistance lottery game; and to  amend  the  state
  finance law, in relation to establishing the community grant fund

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

  Section 1. The tax law is amended by adding a new section 1621 to read
as follows:
  S 1621. COMMUNITY GROUPS ASSISTANCE LOTTERY GAME. A. THE  DIRECTOR  OF
THE DIVISION OF THE LOTTERY SHALL DEVELOP AND IMPLEMENT NO MORE THAN TWO
SCRATCH-OFF  LOTTERY  GAMES  WHOSE REVENUE, AFTER PAYMENT FOR PRIZES AND
ASSOCIATED ADMINISTRATIVE COSTS OF SUCH GAMES, SHALL BE DEPOSITED IN THE
COMMUNITY GRANT FUND AS ESTABLISHED IN SECTION NINETY-SEVEN-LLLL OF  THE
STATE  FINANCE  LAW. THIS LOTTERY GAME SHALL BE MARKETED AND DISTRIBUTED
IN THE SAME MANNER AS ALL LOTTERY GAMES CONTROLLED BY  THE  DIVISION  OF
THE  LOTTERY. THIS SECTION SHALL NOT DIMINISH ANY EFFORTS OR FUNDING FOR
OTHER LOTTERY GAMES UNDER THE CONTROL OF THE DIVISION  OF  THE  LOTTERY.
EACH  TICKET  SHALL CLEARLY STATE THAT ALL PROCEEDS FROM TICKET SALES GO
TOWARDS THE COMMUNITY GRANT FUND.
  B. THE DIVISION OF THE LOTTERY SHALL ESTABLISH AND BEGIN SELLING TICK-
ETS AS REQUIRED BY THIS SECTION NO LATER THAN DECEMBER THIRTY-FIRST, TWO
THOUSAND FIFTEEN.
  S 2. The state finance law is amended by adding a new section  97-llll
to read as follows:
  S 97-LLLL. COMMUNITY GRANT FUND. 1. THE COMMUNITY GRANT FUND IS ESTAB-
LISHED  IN THE SOLE CUSTODY OF THE STATE COMPTROLLER. MONIES IN THE FUND
SHALL BE KEPT SEPARATE AND NOT COMMINGLED WITH OTHER FUNDS IN THE CUSTO-
DY OF THE COMPTROLLER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01172-01-5

S. 945                              2

  2. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR COSTS ASSOCIATED WITH
ASSISTANCE FOR COMMUNITY GROUPS ORGANIZED PURSUANT TO PARAGRAPH THREE OR
FOUR OF SUBDIVISION (C) OF SECTION FIVE  HUNDRED  ONE  OF  THE  INTERNAL
REVENUE  CODE  OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED, ADMINISTERING
EDUCATIONAL, RECREATIONAL, CULTURAL, SENIOR, VETERANS OR SOCIAL SERVICES
PROGRAMS  OR  PROVIDING  VOLUNTEER  AMBULANCE  SERVICES. MONIES SHALL BE
AVAILABLE TO THE REGIONAL COMMUNITY GRANT FUND BOARD, AS ESTABLISHED  BY
SUBDIVISION THREE OF THIS SECTION.
  3.  EACH  COUNTY SHALL ESTABLISH A REGIONAL COMMUNITY GRANT FUND BOARD
TO ADMINISTER THE FUNDS DIRECTED TO EACH COUNTY. APPOINTMENTS TO SUCH  A
REGIONAL  COMMUNITY  GRANT  FUND  BOARD  SHALL  INCLUDE, BUT NEED NOT BE
LIMITED TO, THE COUNTY EXECUTIVE, ONE MEMBER OF  THE  ASSEMBLY  AND  ONE
MEMBER OF THE SENATE REPRESENTING AN ELECTION DISTRICT IN WHICH ALL OR A
PORTION  OF  THE RELEVANT COUNTY IS LOCATED, SUCH LEGISLATIVE MEMBERS TO
BE APPOINTED BY THE GOVERNOR, AND SUCH OTHER MEMBERS AS  MAY  BE  DEEMED
NECESSARY OR APPROPRIATE BY THE COUNTY EXECUTIVE.
  4.  EACH  REGIONAL  COMMUNITY  GRANT  FUND BOARD SHALL CREATE A DIRECT
GRANT PROGRAM THAT WILL DISPERSE FUNDS TO  INDIVIDUAL  GROUPS  BASED  ON
NEED.  THE  INDIVIDUAL  GRANTS  SHALL  BE AWARDED THROUGH AN APPLICATION
PROCESS BASED ON CRITERIA CREATED BY  EACH  BOARD  CONSISTENT  WITH  THE
PURPOSES   SET  FORTH  IN  THIS  SECTION  AND  SECTION  SIXTEEN  HUNDRED
TWENTY-ONE OF THE TAX LAW. THE FUNDING FOR COMMUNITY GROUPS, THE  SOURCE
OF  WHICH IS THE COMMUNITY GROUPS ASSISTANCE LOTTERY GAME AS ESTABLISHED
IN SECTION SIXTEEN HUNDRED TWENTY-ONE OF THE TAX LAW, SHALL BE ALLOCATED
TO EACH COUNTY IN PROPORTION TO THE NUMBER OF LOTTERY  SALES  THAT  TOOK
PLACE  IN  EACH  COUNTY.  THE  FUNDING FOR COMMUNITY GROUPS FROM SOURCES
OTHER THAN SUCH LOTTERY GAME SHALL BE APPLIED BASED UPON NEED.
  5. MONIES SHALL  BE  CREDITED  TOWARDS  THE  FUND  IN  FORM  OF  GIFT,
DONATION, FEDERAL ASSISTANCE OR GRANT, TRANSFERS, PAYMENT, APPROPRIATION
OR  BY A DEDICATED REVENUE SOURCE INCLUDING THE COMMUNITY GROUPS ASSIST-
ANCE LOTTERY GAME AS ESTABLISHED IN SECTION SIXTEEN  HUNDRED  TWENTY-ONE
OF THE TAX LAW.
  6.  MONIES  OF THE FUND SHALL NOT BE USED, TRANSFERRED OR APPROPRIATED
FOR ANY PURPOSE OTHER THAN WHAT IS PROVIDED IN THIS SECTION, EXCEPT THAT
SUCH MONIES MAY BE USED FOR MINIMAL COSTS ASSOCIATED WITH  ADMINISTERING
EACH DIRECT GRANT PROGRAM.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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

                                   713

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the education law, in relation to imposing a  moratorium
  on  the  initiation  of school closings in cities with a population of
  one million or more

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

  Section  1.    Paragraphs  (a)  and  (f) of subdivision 2-a of section
2590-h of the education law, as added by chapter  345  of  the  laws  of
2009, are amended to read as follows:
  (a)  Notwithstanding  any  other provision to the contrary, prepare an
educational impact statement regarding any proposed  school  closing  or
significant change in school utilization, including the phase-out, grade
reconfiguration,  re-siting,  or  co-location of schools, for any public
school located within the city district; PROVIDED HOWEVER THAT THE CHAN-
CELLOR SHALL NOT BE AUTHORIZED TO PREPARE OR FILE AN EDUCATIONAL  IMPACT
STATEMENT  FOR  ANY  PROPOSED  SCHOOL  CLOSING,  SCHOOL PHASE-OUT, GRADE
RECONFIGURATION, RE-SITING OR CO-LOCATION OF  SCHOOLS  THAT  WOULD  TAKE
EFFECT  DURING  THE  TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL
YEAR OR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR.
  (f) In the event that the chancellor determines that a school  closing
or significant change in school utilization is immediately necessary for
the preservation of student health, safety or general welfare, the chan-
cellor  may  temporarily  close  a  public school or adopt a significant
change in the school's utilization on an emergency basis. Such emergency
school closing or significant change in school  utilization  shall  only
remain  in  effect for six months, during such time the chancellor shall
comply with the requirements of  this  subdivision  in  order  for  such
school  closure  or  significant  change in school utilization to extend
beyond the six month period; PROVIDED THAT ANY EMERGENCY SCHOOL  CLOSING

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

                                                           LBD00450-01-5

S. 713                              2

OCCURRING DURING THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL
YEAR  OR  THE  TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR
SHALL ONLY REMAIN IN EFFECT DURING SUCH TIME AS ABSOLUTELY NECESSARY  IN
ORDER TO PRESERVE STUDENT HEALTH, SAFETY OR GENERAL WELFARE.
  S 2. Paragraph (h) of subdivision 1 of section 2590-g of the education
law,  as added by chapter 345 of the laws of 2009, is amended to read as
follows:
  (h) approve proposals for all school closures or  significant  changes
in  school  utilization  including the phase-out, grade reconfiguration,
re-siting, or co-location of schools, following any hearing pursuant  to
subdivision  two-a of section twenty-five hundred ninety-h of this arti-
cle; PROVIDED THAT THE CITY BOARD SHALL NOT APPROVE ANY PROPOSAL  FOR  A
SCHOOL  CLOSING,  SCHOOL  PHASE-OUT, OR GRADE RECONFIGURATION THAT WOULD
TAKE EFFECT DURING THE  TWO  THOUSAND  SIXTEEN--TWO  THOUSAND  SEVENTEEN
SCHOOL  YEAR OR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL
YEAR.
  S 3. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 53 to read as follows:
  53.  THE  COMMISSIONER SHALL ESTABLISH A SCHOOL CLOSURE EVALUATION AND
REVIEW COMMITTEE, WHICH SHALL REVIEW THE IMPACTS RELATING TO THE  NUMBER
OF  LOW-PERFORMING  SCHOOLS  THAT  HAVE  BEEN  CLOSED IN THE CITY SCHOOL
DISTRICT LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS INCLUDING,
BUT NOT LIMITED TO, THE IMPACT TO  STUDENT  EDUCATIONAL  EXPERIENCE  AND
ACHIEVEMENT,  AND SHALL ALSO CONSIDER WHETHER ALTERNATIVE POLICIES WOULD
HAVE A MORE POSITIVE IMPACT ON STUDENT ACHIEVEMENT. THE COMMITTEE  SHALL
INCLUDE,  BUT  NOT  BE  LIMITED  TO,  ACADEMICIANS WHO STUDY EDUCATIONAL
OUTCOMES, PSYCHOMETRICIANS AND EDUCATION POLICY EXPERTS. THE COMMISSION-
ER SHALL REPORT THE COMMITTEE'S FINDINGS TO THE CHAIRS OF THE SENATE AND
ASSEMBLY EDUCATION COMMITTEE AND THE CHAIR OF THE SENATE FINANCE COMMIT-
TEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE NO LATER THAN
SEPTEMBER THIRTIETH, TWO THOUSAND SEVENTEEN.
  S 4. This act shall take effect immediately; provided that the  amend-
ments  to  sections  2590-h  and  2590-g  of  the  education law made by
sections one and two of this act shall not affect the expiration of such
sections pursuant to chapter 91 of the laws of 2002 and shall expire and
be deemed repealed therewith.

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

                                   726

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN  ACT to amend chapter 154 of the laws of 1921 relating to the port of
  New York authority, in relation to the imposition of tolls for certain
  bridges and tunnels

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

  Section 1. Chapter 154 of the laws of 1921 relating to the port of New
York  authority  is  amended  by  adding a new section 1-a to to read as
follows:
  S 1-A. BRIDGE CROSSINGS AND TUNNELS.  NO TOLL CHARGED BY THE AUTHORITY
FOR CROSSINGS OVER AN AUTHORITY BRIDGE OR AN AUTHORITY TUNNEL  SHALL  BE
INCREASED  ON  OR  AFTER DECEMBER FIRST, TWO THOUSAND SIXTEEN, PROVIDED,
THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR OTHERWISE
LIMIT THE AUTHORITY FROM IMPOSING A TOLL INCREASE FOR CROSSINGS OVER  AN
AUTHORITY  BRIDGE  OR  AN  AUTHORITY  TUNNEL,  PROVIDED,  THAT SUCH TOLL
INCREASE IS UTILIZED SOLELY FOR THE IMPROVEMENT, RECONSTRUCTION OR MAIN-
TENANCE OF THE AUTHORITY'S TRANSPORTATION RELATED FACILITIES.
  S 2. This act shall take effect upon the enactment  into  law  by  the
state  of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey  shall  have  already  enacted  such
legislation, this act shall take effect immediately; and the chairman of
the  port authority of New York and New Jersey shall notify the legisla-
tive bill drafting commission upon the occurrence of such  enactment  in
order  that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New  York  in
furtherance of effecting the provisions of section 44 of the legislative
law and section 70-b of the public officers law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00449-01-5

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

                                   696

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN ACT to amend the public service law, in relation to requiring negoti-
  ation of fair terms between cable television franchisees and competing
  independent cable channels

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

  Section 1. Paragraph (b) of subdivision 2 of section 215 of the public
service law, as added by chapter 83 of the laws of 1995, is  amended  to
read as follows:
  (b) prescribe minimum standards for inclusion in franchises, including
maximum  initial and renewal terms; minimum channel capacity; provisions
regarding access to, and facilities to make use of, channels for  educa-
tion  and  public service programs; a requirement that no such franchise
may be exclusive; standards necessary  or  appropriate  to  protect  the
interests  of viewers of free broadcast television and the public gener-
ally, which prohibit or limit cable television companies from  prohibit-
ing  or  entering into agreements prohibiting the sale or other transfer
of rights for the simultaneous  or  subsequent  transmission  over  free
broadcast television of any program originated or transmitted over cable
television;  PROVISIONS  REQUIRING  FRANCHISEES  TO  NEGOTIATE FAIRLY TO
DETERMINE THE TERMS AND CONDITIONS  UNDER  WHICH  COMPETING  INDEPENDENT
CABLE  CHANNELS WILL BE CARRIED BY THE FRANCHISEE AND, IN THE EVENT SUCH
AGREEMENT AS TO TERMS  AND  CONDITIONS  CANNOT  BE  REACHED,  PROVISIONS
REQUIRING  THE  COMMISSION  TO CONDUCT AN ARBITRATION OF THE MATTER; and
such other standards for inclusion in franchises as the commission shall
deem necessary or appropriate to protect the public interest;
  S 2. This act shall take effect immediately and  shall  apply  to  any
agreement between cable television franchisees and competing independent
cable channels entered into on or after January 1, 2015.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD00453-01-5

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

                                   175

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
  a residential parking permit system in the city of New York

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

  Section 1. Legislative findings and intent. The legislature finds that
a lack of parking for residents of the city of New York has resulted  in
traffic  hazards,  congestion  and air and noise pollution. In addition,
such lack of parking poses a hazard to residents and  other  pedestrians
in such areas.
  The  legislature  further finds that a residential parking system will
reduce such hazards and will reduce pollution levels as well. The legis-
lature, therefore, declares the necessity of this act to  authorize  the
city  of  New  York  to adopt a residential parking system in accordance
with the provisions of this act.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
1640-o to read as follows:
  S  1640-O.  RESIDENTIAL  PARKING  SYSTEM  IN  THE CITY OF NEW YORK. 1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE  CITY  OF
NEW  YORK  MAY,  BY  ADOPTION OF A LOCAL LAW OR ORDINANCE, PROVIDE FOR A
RESIDENTIAL PARKING PERMIT SYSTEM AND FIX AND  REQUIRE  THE  PAYMENT  OF
FEES  APPLICABLE  TO PARKING WITHIN CERTAIN AREAS OF THE CITY IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION.
  2. NO PERMIT SHALL BE REQUIRED ON STREETS WHERE THE  ADJACENT  PROPER-
TIES ARE ZONED FOR COMMERCIAL OR RETAIL USE.
  3.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THOSE SPACES IN
THE PERMIT AREAS WHICH, AS OF THE EFFECTIVE DATE OF THIS  SECTION,  HAVE
METERED OR HIGHLY RESTRICTED PARKING REGULATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01253-01-5

S. 175                              2

  4.  THE  LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH RESIDENTIAL PARKING
SYSTEM SHALL:
  (A)  SET  FORTH  THE  FACTORS  WHICH NECESSITATE THE ENACTMENT OF SUCH
PARKING SYSTEM;
  (B) PROVIDE THAT MOTOR VEHICLES REGISTERED PURSUANT  TO  SECTION  FOUR
HUNDRED  FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT REQUIRE-
MENT;
  (C) PROVIDE THE TIMES OF THE DAY AND THE DAYS OF THE WEEK DURING WHICH
PERMIT REQUIREMENTS SHALL BE IN EFFECT;
  (D) MAKE NOT LESS THAN TWENTY PERCENT OF ALL SPACES WITHIN THE  PERMIT
AREA OR AREAS AVAILABLE TO NONRESIDENTS AND SHALL PROVIDE FOR SHORT-TERM
PARKING  OF  NOT  LESS  THAN  NINETY MINUTES IN DURATION IN SUCH AREA OR
AREAS;
  (E) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR  RESIDENTIAL  PERMITS;
AND
  (F) PROVIDE THAT SUCH FEES SHALL BE CREDITED AS FOLLOWS:
  (1)  MONIES GENERATED BY THE SALE OF RESIDENTIAL PARKING PERMITS SHALL
BE CREDITED TO NEW YORK CITY TRANSIT,  AN  AGENCY  OF  THE  METROPOLITAN
TRANSPORTATION  AGENCY, STATE OF NEW YORK, AND SHALL BE UTILIZED FOR THE
PURPOSE OF UPGRADING AND IMPROVING THE NEW  YORK  CITY  SUBWAY  AND  BUS
SYSTEM; AND
  (2) MONIES GENERATED FROM FINES PAID IN CONNECTION WITH TICKETS ISSUED
TO  VEHICLES  WITHOUT A PERMIT STICKER FOR PARKING IN A RESIDENTIAL ZONE
WITHOUT A PERMIT STICKER SHALL BE CREDITED TO THE NEW YORK CITY  GENERAL
FUND.
  5. NO LOCAL LAW OR ORDINANCE SHALL BE ADOPTED PURSUANT TO THIS SECTION
UNTIL  A  PUBLIC  HEARING  THEREON  HAS  BEEN  HAD IN THE SAME MANNER AS
REQUIRED FOR PUBLIC HEARINGS ON A LOCAL LAW PURSUANT  TO  THE  MUNICIPAL
HOME RULE LAW.
  6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY STATE HIGHWAY
MAINTAINED BY THE STATE.
  S 3. This act shall take effect immediately.

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

                                   137

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the penal  law,  in  relation  to  de-criminalizing  the
  personal possession of marihuana; to amend the criminal procedure law,
  in  relation  to  certain  pleas;  to  amend  the  legislative law, in
  relation to specifying requirements with respect  to  bills  affecting
  the  penal  law;  to amend the executive law, in relation to expanding
  the duties of division of criminal justice  services;  and  to  repeal
  section 221.35 of the penal law relating to criminal sale of marihuana
  in the fifth degree

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

  Section 1. This act shall be known and may be cited as  the  "fairness
and equity act".
  S  2.  Subdivisions 5 and 6 of section 1.05 of the penal law, subdivi-
sion 5 as amended by chapter 612 of the laws of 1982 and  subdivision  6
as  amended  by  chapter  98 of the laws of 2006, are amended to read as
follows:
  5. To  provide  for  an  appropriate  public  response  to  particular
offenses, including consideration of the consequences of the offense for
the victim, including the victim's family, and the community; [and]
  6.  TO  ENSURE  THAT  LAWS  ARE ENFORCED EQUALLY AND FAIRLY AND DO NOT
RESULT IN A DISPARATE IMPACT ON PEOPLE BECAUSE OF THEIR RACE AND ETHNIC-
ITY; AND
  7. To insure  the  public  safety  by  preventing  the  commission  of
offenses  through  the  deterrent influence of the sentences authorized,
the rehabilitation of those convicted, the promotion of their successful
and  productive  reentry  and  reintegration  into  society,  and  their
confinement when required in the interests of public protection.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00177-01-5

S. 137                              2

  S  3.  Section 221.05 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.05 Unlawful possession of marihuana.
  A  person  is guilty of unlawful possession of marihuana when he know-
ingly and unlawfully possesses marihuana.
  Unlawful possession of marihuana is a violation punishable only  by  a
fine of not more than one hundred dollars. [However, where the defendant
has  previously  been convicted of an offense defined in this article or
article 220 of this chapter, committed within the three years immediate-
ly preceding such violation, it shall be punishable (a) only by  a  fine
of  not  more  than two hundred dollars, if the defendant was previously
convicted of one such offense committed during such period, and (b) by a
fine of not more than two hundred fifty dollars or a term  of  imprison-
ment  not in excess of fifteen days or both, if the defendant was previ-
ously convicted of two such offenses committed during such period.]
  S 4. Section 221.10 of the penal law, as amended by chapter 265 of the
laws of 1979, subdivision 2 as amended by chapter  75  of  the  laws  of
1995, is amended to read as follows:
S 221.10 Criminal possession of marihuana in the fifth degree.
  A  person  is  guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses[:
  1. marihuana in a public place, as defined in section 240.00  of  this
chapter, and such marihuana is burning or open to public view; or
  2.]  one  or  more  preparations,  compounds,  mixtures  or substances
containing  marihuana  and  the  preparations,  compounds,  mixtures  or
substances are of an aggregate weight of more than twenty-five grams.
  Criminal  possession  of  marihuana  in  the fifth degree is a class B
misdemeanor.
  S 5. Section 221.35 of the penal law is REPEALED.
  S 6. Section 221.40 of the penal law, as added by chapter 360  of  the
laws of 1977, is amended to read as follows:
S 221.40 Criminal sale of marihuana in the fourth degree.
  A  person is guilty of criminal sale of marihuana in the fourth degree
when he knowingly and unlawfully sells marihuana [except as provided  in
section 221.35 of this article] FOR CONSIDERATION.
  Criminal sale of marihuana in the fourth degree is a class A misdemea-
nor.
  S 7. Subdivision 1 of section 170.56 of the criminal procedure law, as
amended  by  chapter  360  of  the  laws  of 1977, is amended to read as
follows:
  1.  Upon or after arraignment in a local criminal court upon an infor-
mation, a prosecutor's information or a misdemeanor complaint, where the
sole remaining count or counts  charge  a  violation  or  violations  of
section  221.05, 221.10, 221.15[, 221.35] or 221.40 of the penal law and
before the entry of a plea of guilty thereto or commencement of  a trial
thereof, the court, upon motion of  a  defendant,  may  order  that  all
proceedings  be  suspended  and the action adjourned in contemplation of
dismissal, or upon a finding that adjournment would not be necessary  or
appropriate  and the setting forth in the record of the reasons for such
findings, may dismiss in furtherance of justice the  accusatory  instru-
ment;  provided,  however, that the court may not order such adjournment
in contemplation of dismissal or dismiss the accusatory  instrument  if:
(a)  the  defendant  has  previously  been  granted  such adjournment in
contemplation of dismissal, or (b) the  defendant  has  previously  been
granted  a dismissal under this section, or (c) the defendant has previ-
ously been convicted of any offense involving controlled substances,  or

S. 137                              3

(d)  the  defendant  has  previously  been  convicted of a crime and the
district attorney does not consent or (e) the defendant  has  previously
been  adjudicated  a  youthful  offender on the basis of any act or acts
involving  controlled  substances  and  the  district  attorney does not
consent. NOTWITHSTANDING THE LIMITATIONS SET FORTH IN THIS  SUBDIVISION,
THE  COURT  MAY  ORDER  THAT ALL PROCEEDINGS BE SUSPENDED AND THE ACTION
ADJOURNED IN CONTEMPLATION OF DISMISSAL BASED UPON A FINDING  OF  EXCEP-
TIONAL  CIRCUMSTANCES.  FOR  PURPOSES  OF  THIS SUBDIVISION, EXCEPTIONAL
CIRCUMSTANCES EXIST WHEN, REGARDLESS OF THE ULTIMATE DISPOSITION OF  THE
CASE, THE ENTRY OF A PLEA OF GUILTY IS LIKELY TO RESULT IN SEVERE COLLA-
TERAL  CONSEQUENCES,  INCLUDING,  BUT  NOT  LIMITED TO, THOSE THAT COULD
LEAVE A NONCITIZEN INADMISSIBLE OR DEPORTABLE FROM THE UNITED STATES.
  S 8. Section 210.46 of the criminal procedure law, as amended by chap-
ter 360 of the laws of 1977, is amended to read as follows:
S 210.46  Adjournment in contemplation of dismissal in  marihuana  cases
        in a superior court.
  Upon or after arraignment in a superior court upon an indictment where
the  sole  remaining count or counts charge a violation or violations of
section 221.05, 221.10, 221.15[, 221.35] or 221.40 of the penal law  and
before the entry of a plea of guilty thereto or commencement of a  trial
thereof,  the  court,  upon  motion  of  a defendant, may order that all
proceedings be suspended and the action adjourned  in  contemplation  of
dismissal  or  may  dismiss the indictment in furtherance of justice, in
accordance with the provisions of section 170.56 of this chapter.
  S 9. Paragraphs (h) and (i) of subdivision 1 of section 440.10 of  the
criminal  procedure  law,  paragraph (h) as amended and paragraph (i) as
added by chapter 332 of the laws of 2010, are amended and  a  new  para-
graph (j) is added to read as follows:
  (h) The judgment was obtained in violation of a right of the defendant
under the constitution of this state or of the United States; [or]
  (i)  The judgment is a conviction where the arresting charge was under
section 240.37 (loitering for the purpose of engaging in a  prostitution
offense, provided that the defendant was not alleged to be loitering for
the  purpose  of  patronizing a prostitute or promoting prostitution) or
230.00 (prostitution) of the penal  law,  and  the  defendant's  partic-
ipation in the offense was a result of having been a victim of sex traf-
ficking  under section 230.34 of the penal law or trafficking in persons
under the Trafficking Victims Protection Act (United States Code,  title
22, chapter 78); provided that
  (i)  a  motion  under this paragraph shall be made with due diligence,
after the defendant has ceased to be a victim of such trafficking or has
sought services for victims of such trafficking, subject  to  reasonable
concerns  for the safety of the defendant, family members of the defend-
ant, or other victims of such trafficking that may be jeopardized by the
bringing of such motion,  or  for  other  reasons  consistent  with  the
purpose of this paragraph; and
  (ii)  official  documentation of the defendant's status as a victim of
sex trafficking or trafficking in persons at the  time  of  the  offense
from a federal, state or local government agency shall create a presump-
tion  that  the defendant's participation in the offense was a result of
having been a victim of sex trafficking or trafficking in  persons,  but
shall not be required for granting a motion under this paragraph[.]; OR
  (J)  THE  JUDGMENT  OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH AND IS A CONVICTION FOR:
  (I) AN OFFENSE AS DEFINED BY SECTION 221.10 OF THE PENAL LAW (CRIMINAL
POSSESSION OF MARIHUANA IN THE FIFTH DEGREE), AS IN EFFECT PRIOR TO  THE

S. 137                              4

EFFECTIVE  DATE  OF THIS PARAGRAPH, PROVIDED THAT THE ACCUSATORY INSTRU-
MENT THAT UNDERLIES THE JUDGMENT DOES NOT INCLUDE AN ALLEGATION THAT THE
DEFENDANT POSSESSED MORE THAN TWENTY-FIVE GRAMS OF MARIHUANA; OR
  (II)  AN  OFFENSE AS DEFINED BY FORMER SECTION 221.35 OF THE PENAL LAW
(CRIMINAL SALE OF MARIHUANA IN THE FIFTH DEGREE).
  S 10. Subdivision 6 of section 440.10 of the criminal  procedure  law,
as  added  by  chapter  332  of  the laws of 2010, is amended to read as
follows:
  6. If the court grants a motion under paragraph (i) OR  PARAGRAPH  (J)
of  subdivision  one  of  this  section, it must vacate the judgment and
dismiss the accusatory instrument, and may take such  additional  action
as is appropriate in the circumstances.
  S  11.  Paragraphs (i), (j) and (k) of subdivision 3 of section 160.50
of the criminal procedure law, paragraphs (i) and (j) as added by  chap-
ter 905 of the laws of 1977 and paragraph (k) as added by chapter 835 of
the  laws  of 1977 and as relettered by chapter 192 of the laws of 1980,
are amended to read as follows:
  (i) prior to the filing of an accusatory instrument in a local  crimi-
nal  court  against  such person, the prosecutor elects not to prosecute
such person. In such event, the prosecutor shall serve  a  certification
of  such  disposition upon the division of criminal justice services and
upon the appropriate police department or law enforcement agency  which,
upon  receipt  thereof,  shall  comply with the provisions of paragraphs
(a), (b), (c) and (d) of subdivision one of this  section  in  the  same
manner  as  is  required  thereunder with respect to an order of a court
entered pursuant to said subdivision one[.]; OR
  (j) following the arrest of such person, the arresting police  agency,
prior  to  the  filing  of  an accusatory instrument in a local criminal
court but subsequent to the forwarding of a copy of the fingerprints  of
such  person to the division of criminal justice services, elects not to
proceed further. In such event, the head of the arresting police  agency
shall  serve  a  certification  of such disposition upon the division of
criminal justice services which, upon receipt thereof, shall comply with
the provisions of paragraphs (a), (b), (c) and (d) of subdivision one of
this section in the same manner as is required thereunder  with  respect
to an order of a court entered pursuant to said subdivision one[.]; OR
  (k)  (i)  The accusatory instrument alleged a violation of article two
hundred twenty or section 240.36 of the penal law, prior to  the  taking
effect  of  article  two  hundred  twenty-one  of  the  penal  law, or a
violation of article two hundred twenty-one of the penal law;  (ii)  the
sole   controlled   substance  involved  is  marijuana;  AND  (iii)  the
conviction was only for a violation or violations[; and  (iv)  at  least
three years have passed since the offense occurred].
  S  12.  The legislative law is amended by adding a new section 52-a to
read as follows:
  S 52-A. REQUIREMENT WITH RESPECT TO BILLS  AFFECTING  THE  PENAL  LAW.
WHENEVER  A  COMMITTEE  REPORTS A BILL FAVORABLY WHICH, IF PASSED, WOULD
INCREASE OR DECREASE THE PRETRIAL OR SENTENCED POPULATION OF CORRECTION-
AL FACILITIES IN THIS STATE, A MAJORITY OF THE COMMITTEE MEMBERS  VOTING
MAY  REQUEST  THAT A RACIAL AND ETHNIC IMPACT STATEMENT BE PREPARED. THE
LEGISLATURE SHALL BY CONCURRENT RESOLUTION OF THE  SENATE  AND  ASSEMBLY
PRESCRIBE  RULES REQUIRING RACIAL AND ETHNIC IMPACT STATEMENTS TO ACCOM-
PANY, ON A SEPARATE FORM, BILLS AND AMENDMENTS TO BILLS AFTER SUCH BILLS
HAVE BEEN REPORTED FROM COMMITTEE. RACIAL AND ETHNIC  IMPACT  STATEMENTS
SHALL  BE PREPARED BEFORE THE BILL IS CONSIDERED FOR FINAL PASSAGE.  THE
STATEMENT SHALL INDICATE WHETHER THE BILL WOULD HAVE A DISPARATE  IMPACT

S. 137                              5

ON  THE RACIAL AND ETHNIC COMPOSITION OF THE CORRECTIONAL FACILITY POPU-
LATION AND AN EXPLANATION OF THAT IMPACT. ANY RACIAL AND  ETHNIC  IMPACT
STATEMENT  PRINTED WITH OR PREPARED FOR A BILL IS SOLELY FOR THE PURPOSE
OF  INFORMATION, SUMMARIZATION AND EXPLANATION FOR MEMBERS OF THE LEGIS-
LATURE AND SHALL NOT BE CONSTRUED TO REPRESENT THE INTENT OF THE  LEGIS-
LATURE OR EITHER CHAMBER THEREOF FOR ANY PURPOSE. EACH RACIAL AND ETHNIC
IMPACT  STATEMENT  SHALL  BEAR  THE FOLLOWING DISCLAIMER: "THE FOLLOWING
RACIAL AND ETHNIC IMPACT STATEMENT IS PREPARED FOR THE  BENEFIT  OF  THE
MEMBERS  OF  THE LEGISLATURE, SOLELY FOR PURPOSES OF INFORMATION, SUMMA-
RIZATION AND EXPLANATION AND DOES NOT REPRESENT THE INTENT OF THE LEGIS-
LATURE OR EITHER CHAMBER THEREOF FOR ANY PURPOSE."
  S 13. Paragraph (f) of subdivision 4 of section 837 of  the  executive
law, as amended by chapter 169 of the laws of 1994, is amended and a new
paragraph (g) is added to read as follows:
  (f)  [Accomplish]  ACCOMPLISH all of the functions, powers, and duties
set forth in paragraphs (a), (b), (c) and (d) of this  subdivision  with
respect  to  the  processing  and disposition of cases involving violent
felony offenses specified in subdivision one of  section  70.02  of  the
penal law[.]; AND
  (G)  ACCOMPLISH  ALL OF THE FUNCTIONS, POWERS, AND DUTIES SET FORTH IN
PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVISION WITH RESPECT TO ALL
CHAPTERS OF LAW RESULTING FROM LEGISLATIVE BILLS THAT HAVE BEEN  SUBJECT
TO  THE  PROVISIONS  OF  SECTION FIFTY-TWO-A OF THE LEGISLATIVE LAW. THE
DIVISION SHALL PRESENT TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF  THE
SENATE,  THE  MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY
AND THE MINORITY LEADER OF THE ASSEMBLY AN ANNUAL REPORT CONTAINING  THE
STATISTICS AND OTHER INFORMATION RELEVANT TO THIS SUBDIVISION.
  S  14.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law.

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

                                 137--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens.  SQUADRON,  ESPAILLAT, HAMILTON, HASSELL-THOMPSON,
  HOYLMAN, MONTGOMERY, PARKER, PERKINS, RIVERA, SERRANO  --  read  twice
  and ordered printed, and when printed to be committed to the Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the penal  law,  in  relation  to  de-criminalizing  the
  personal possession of marihuana; to amend the criminal procedure law,
  in  relation  to  certain  pleas; and to amend the legislative law, in
  relation to specifying requirements with respect  to  bills  affecting
  the penal law

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

  Section 1. This act shall be known and may be cited as  the  "fairness
and equity act".
  S  2.  Subdivisions 5 and 6 of section 1.05 of the penal law, subdivi-
sion 5 as amended by chapter 612 of the laws of 1982 and  subdivision  6
as  amended  by  chapter  98 of the laws of 2006, are amended to read as
follows:
  5. To  provide  for  an  appropriate  public  response  to  particular
offenses, including consideration of the consequences of the offense for
the victim, including the victim's family, and the community; [and]
  6.  TO  ENSURE  THAT  LAWS  ARE ENFORCED EQUALLY AND FAIRLY AND DO NOT
RESULT IN A DISPARATE IMPACT ON PEOPLE BECAUSE OF THEIR RACE OR ETHNICI-
TY; AND
  7. To insure  the  public  safety  by  preventing  the  commission  of
offenses  through  the  deterrent influence of the sentences authorized,
the rehabilitation of those convicted, the promotion of their successful
and  productive  reentry  and  reintegration  into  society,  and  their
confinement when required in the interests of public protection.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00177-03-5

S. 137--A                           2

  S  3.  Section 221.05 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.05 Unlawful possession of marihuana.
  A  person  is guilty of unlawful possession of marihuana when he know-
ingly and unlawfully possesses marihuana AND SUCH MARIHUANA IS BURNING.
  Unlawful possession of marihuana is a violation punishable only  by  a
fine of not more than one hundred dollars. [However, where the defendant
has  previously  been convicted of an offense defined in this article or
article 220 of this chapter, committed within the three years immediate-
ly preceding such violation, it shall be punishable (a) only by  a  fine
of  not  more  than two hundred dollars, if the defendant was previously
convicted of one such offense committed during such period, and (b) by a
fine of not more than two hundred fifty dollars or a term  of  imprison-
ment  not in excess of fifteen days or both, if the defendant was previ-
ously convicted of two such offenses committed during such period.]
  S 4. Section 221.10 of the penal law, as amended by chapter 265 of the
laws of 1979, subdivision 2 as amended by chapter  75  of  the  laws  of
1995, is amended to read as follows:
S 221.10 Criminal possession of marihuana in the fifth degree.
  A  person  is  guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses[:
  1. marihuana in a public place, as defined in section 240.00  of  this
chapter, and such marihuana is burning or open to public view; or
  2.]  one  or  more  preparations,  compounds,  mixtures  or substances
containing  marihuana  and  the  preparations,  compounds,  mixtures  or
substances are of an aggregate weight of more than twenty-five grams.
  Criminal  possession  of  marihuana  in  the fifth degree is a class B
misdemeanor.
  S 5. Subdivision 1 of section 170.56 of the criminal procedure law, as
amended by chapter 360 of the laws  of  1977,  is  amended  to  read  as
follows:
  1.  Upon or after arraignment in a local criminal court upon an infor-
mation, a prosecutor's information or a misdemeanor complaint, where the
sole  remaining  count  or  counts  charge  a violation or violations of
section 221.05, 221.10, 221.15, 221.35 or 221.40 of the  penal  law  and
before the entry of a plea of guilty thereto or commencement of  a trial
thereof,  the  court,  upon  motion  of  a defendant, may order that all
proceedings be suspended and the action adjourned  in  contemplation  of
dismissal,  or upon a finding that adjournment would not be necessary or
appropriate and the setting forth in the record of the reasons for  such
findings,  may  dismiss in furtherance of justice the accusatory instru-
ment; provided, however, that the court may not order  such  adjournment
in  contemplation  of dismissal or dismiss the accusatory instrument if:
(a) the defendant  has  previously  been  granted  such  adjournment  in
contemplation  of  dismissal,  or  (b) the defendant has previously been
granted a dismissal under this section, or (c) the defendant has  previ-
ously  been convicted of any offense involving controlled substances, or
(d) the defendant has previously been  convicted  of  a  crime  and  the
district  attorney  does not consent or (e) the defendant has previously
been adjudicated a youthful offender on the basis of  any  act  or  acts
involving  controlled  substances  and  the  district  attorney does not
consent. NOTWITHSTANDING THE LIMITATIONS SET FORTH IN THIS  SUBDIVISION,
THE  COURT  MAY  ORDER  THAT ALL PROCEEDINGS BE SUSPENDED AND THE ACTION
ADJOURNED IN CONTEMPLATION OF DISMISSAL BASED UPON A FINDING  OF  EXCEP-
TIONAL  CIRCUMSTANCES.  FOR  PURPOSES  OF  THIS SUBDIVISION, EXCEPTIONAL
CIRCUMSTANCES EXIST WHEN, REGARDLESS OF THE ULTIMATE DISPOSITION OF  THE

S. 137--A                           3

CASE, THE ENTRY OF A PLEA OF GUILTY IS LIKELY TO RESULT IN SEVERE COLLA-
TERAL  CONSEQUENCES,  INCLUDING,  BUT  NOT  LIMITED TO, THOSE THAT COULD
LEAVE A NONCITIZEN INADMISSIBLE OR DEPORTABLE FROM THE UNITED STATES.
  S  6. Paragraphs (h) and (i) of subdivision 1 of section 440.10 of the
criminal procedure law, paragraph (h) as amended and  paragraph  (i)  as
added  by  chapter  332 of the laws of 2010, are amended and a new para-
graph (j) is added to read as follows:
  (h) The judgment was obtained in violation of a right of the defendant
under the constitution of this state or of the United States; [or]
  (i) The judgment is a conviction where the arresting charge was  under
section  240.37 (loitering for the purpose of engaging in a prostitution
offense, provided that the defendant was not alleged to be loitering for
the purpose of patronizing a prostitute or  promoting  prostitution)  or
230.00  (prostitution)  of  the  penal  law, and the defendant's partic-
ipation in the offense was a result of having been a victim of sex traf-
ficking under section 230.34 of the penal law or trafficking in  persons
under  the Trafficking Victims Protection Act (United States Code, title
22, chapter 78); provided that
  (i) a motion under this paragraph shall be made  with  due  diligence,
after the defendant has ceased to be a victim of such trafficking or has
sought  services  for victims of such trafficking, subject to reasonable
concerns for the safety of the defendant, family members of the  defend-
ant, or other victims of such trafficking that may be jeopardized by the
bringing  of  such  motion,  or  for  other  reasons consistent with the
purpose of this paragraph; and
  (ii) official documentation of the defendant's status as a  victim  of
sex  trafficking  or  trafficking  in persons at the time of the offense
from a federal, state or local government agency shall create a presump-
tion that the defendant's participation in the offense was a  result  of
having  been  a victim of sex trafficking or trafficking in persons, but
shall not be required for granting a motion under this paragraph[.]; OR
  (J) THE JUDGMENT OCCURRED PRIOR TO THE EFFECTIVE DATE  OF  THIS  PARA-
GRAPH AND IS A CONVICTION FOR AN OFFENSE AS DEFINED BY SECTION 221.10 OF
THE PENAL LAW (CRIMINAL POSSESSION OF MARIHUANA IN THE FIFTH DEGREE), AS
IN  EFFECT  PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH, PROVIDED THAT
THE ACCUSATORY INSTRUMENT THAT UNDERLIES THE JUDGMENT DOES  NOT  INCLUDE
AN  ALLEGATION  THAT THE DEFENDANT POSSESSED MORE THAN TWENTY-FIVE GRAMS
OF MARIHUANA.
  S 7. Subdivision 6 of section 440.10 of the criminal procedure law, as
added by chapter 332 of the laws of 2010, is amended to read as follows:
  6. If the court grants a motion under paragraph (i) OR  PARAGRAPH  (J)
of  subdivision  one  of  this  section, it must vacate the judgment and
dismiss the accusatory instrument, and may take such  additional  action
as is appropriate in the circumstances.
  S 8. Paragraphs (i), (j) and (k) of subdivision 3 of section 160.50 of
the  criminal  procedure law, paragraphs (i) and (j) as added by chapter
905 of the laws of 1977 and paragraph (k) as added by chapter 835 of the
laws of 1977 and as relettered by chapter 192 of the laws of  1980,  are
amended to read as follows:
  (i)  prior to the filing of an accusatory instrument in a local crimi-
nal court against such person, the prosecutor elects  not  to  prosecute
such  person.  In such event, the prosecutor shall serve a certification
of such disposition upon the division of criminal justice  services  and
upon  the appropriate police department or law enforcement agency which,
upon receipt thereof, shall comply with  the  provisions  of  paragraphs
(a),  (b),  (c)  and  (d) of subdivision one of this section in the same

S. 137--A                           4

manner as is required thereunder with respect to an  order  of  a  court
entered pursuant to said subdivision one[.]; OR
  (j)  following the arrest of such person, the arresting police agency,
prior to the filing of an accusatory  instrument  in  a  local  criminal
court  but subsequent to the forwarding of a copy of the fingerprints of
such person to the division of criminal justice services, elects not  to
proceed  further. In such event, the head of the arresting police agency
shall serve a certification of such disposition  upon  the  division  of
criminal justice services which, upon receipt thereof, shall comply with
the provisions of paragraphs (a), (b), (c) and (d) of subdivision one of
this  section  in the same manner as is required thereunder with respect
to an order of a court entered pursuant to said subdivision one[.]; OR
  (k) (i) The accusatory instrument alleged a violation of  article  two
hundred  twenty  or section 240.36 of the penal law, prior to the taking
effect of article  two  hundred  twenty-one  of  the  penal  law,  or  a
violation  of  article two hundred twenty-one of the penal law; (ii) the
sole  controlled  substance  involved  is  marijuana;  AND   (iii)   the
conviction  was  only  for a violation or violations[; and (iv) at least
three years have passed since the offense occurred].
  S 9. The legislative law is amended by adding a new  section  52-a  to
read as follows:
  S  52-A.  REQUIREMENT  WITH  RESPECT  TO BILLS INCREASING CORRECTIONAL
POPULATIONS.  1. WHENEVER A COMMITTEE REPORTS A BILL FAVORABLY WHICH, IF
PASSED, WOULD INCREASE OR DECREASE THE PRETRIAL OR SENTENCED  POPULATION
OF  CORRECTIONAL  FACILITIES  IN THIS STATE, A MAJORITY OF THE COMMITTEE
MEMBERS VOTING MAY REQUEST THAT A RACIAL AND ETHNIC IMPACT STATEMENT  BE
PREPARED. EACH HOUSE OF THE LEGISLATURE SHALL SEPARATELY PRESCRIBE RULES
REQUIRING  RACIAL  AND ETHNIC IMPACT STATEMENTS TO ACCOMPANY, ON A SEPA-
RATE FORM, BILLS AND AMENDMENTS TO BILLS  AFTER  SUCH  BILLS  HAVE  BEEN
REPORTED  FROM  COMMITTEE.  RACIAL AND ETHNIC IMPACT STATEMENTS SHALL BE
PREPARED BEFORE THE BILL IS CONSIDERED FOR FINAL PASSAGE.  THE STATEMENT
SHALL INDICATE WHETHER THE BILL WOULD HAVE A  DISPARATE  IMPACT  ON  THE
RACIAL  AND  ETHNIC  COMPOSITION OF THE CORRECTIONAL FACILITY POPULATION
AND AN EXPLANATION OF THAT IMPACT. ANY RACIAL AND ETHNIC  IMPACT  STATE-
MENT  PRINTED  WITH  OR PREPARED FOR A BILL IS SOLELY FOR THE PURPOSE OF
INFORMATION, SUMMARIZATION AND EXPLANATION FOR MEMBERS OF  THE  LEGISLA-
TURE  AND SHALL NOT BE CONSTRUED TO REPRESENT THE INTENT OF THE LEGISLA-
TURE OR EITHER CHAMBER THEREOF FOR ANY PURPOSE. EACH RACIAL  AND  ETHNIC
IMPACT  STATEMENT  SHALL  BEAR  THE FOLLOWING DISCLAIMER: "THE FOLLOWING
RACIAL AND ETHNIC IMPACT STATEMENT IS PREPARED FOR THE  BENEFIT  OF  THE
MEMBERS  OF  THE LEGISLATURE, SOLELY FOR PURPOSES OF INFORMATION, SUMMA-
RIZATION AND EXPLANATION AND DOES NOT REPRESENT THE INTENT OF THE LEGIS-
LATURE OR EITHER CHAMBER THEREOF FOR ANY PURPOSE."
  2. RACIAL AND ETHNIC IMPACT STATEMENTS SHALL BE MADE AVAILABLE TO  THE
PUBLIC  IN  THE SAME MANNER THAT THE TEXT OF BILLS ARE MADE AVAILABLE TO
THE PUBLIC.
  S 10. This act shall  take  effect  on  the  first  of  November  next
succeeding the date upon which it shall have become a law.