senate Bill S5499

2015-2016 Legislative Session

Limits contingent fees to attorneys in actions for property damage or personal injury, including death

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Sponsored By

Current Bill Status - STRICKEN


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2015 recommit, enacting clause stricken
May 14, 2015 referred to judiciary

S5499 - Bill Details

Current Committee:
Law Section:
Judiciary Law
Laws Affected:
Amd §474-a, Judy L

S5499 - Bill Texts

view summary

Limits contingent fees to attorneys in actions for property damage or personal injury, including death.

view sponsor memo
BILL NUMBER:S5499

TITLE OF BILL:

An act to amend the judiciary law, in relation to contingent fees for
attorneys

PURPOSE:

Limits contingent fees to attorneys in actions for property damage or
personal injury, including death

SUMMARY OF PROVISIONS:

Section 1: Amends section 474-a of judiciary law.

Section 2: Sets the effective date.

JUSTIFICATION:

Under traditional contingency fee rules, personal injury trial lawyers
stand to take 1/3 of the amount recovered plus expenses. Individual
payouts under the proposed settlement could range anywhere from $3200
to $2 million, but would be reduced to nearly half that amount with
this legislation.

In response to past medical malpractice insurance crises, New York
State enacted a law to statutorily limit the percentage that a
malpractice attorney can take from a plaintiffs award. The statutory
limitation on contingency fees diminishes the incentive for personal
injury trial lawyers to drag out litigation and would discourage
frivolous claims. It assures the attorney is adequately compensated by
a sliding fee scale that provides the traditional 1/3 of smaller
recoveries but only 10 percent for amounts over 1.25 Million.

These limitations help to ensure a plaintiff is fairly compensated for
his or her injury, and that major parts of the awards are not diverted
to pay what are often huge attorney fees in addition to all other
disbursements that a suing plaintiff must reimburse to their attorney.
Under the current law, attorneys are well compensated in medical
liability actions, in the case of a $1 million award, for example, an
attorney receive a fee of $237,500 rather than $333,333.

LEGISLATIVE HISTORY:

2009/10 - A.10695 - Held in Judiciary 2011/12 - A.1558 - Held in
Judiciary
2013/2014- A.5190 - Held in judiciary

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.


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

                                  5499

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

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

AN ACT to amend the judiciary law, in relation to  contingent  fees  for
  attorneys

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

  Section 1. Section 474-a of the judiciary law, as amended  by  chapter
485 of the laws of 1986, is amended to read as follows:
  S  474-a.  Contingent  fees  for  attorneys  in  claims or actions for
medical, dental or podiatric malpractice, OR IN ANY CLAIM OR ACTION  FOR
PROPERTY  DAMAGE OR PERSONAL INJURY, INCLUDING DEATH. 1. For the purpose
of this section, the term "contingent fee" shall mean any attorney's fee
in any claim or action for medical, dental or podiatric malpractice,  OR
IN ANY CLAIM OR ACTION FOR PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING
DEATH,  whether determined by judgment or settlement, which is dependent
in whole or in part upon the success of the prosecution by the  attorney
of  such  claim or action, or which is to consist of a percentage of any
recovery, or a sum equal to a percentage of any recovery, in such  claim
or action.
  2. Notwithstanding any inconsistent judicial rule, a contingent fee in
a  medical,  dental  or podiatric malpractice action, OR IN ANY CLAIM OR
ACTION FOR PROPERTY DAMAGE OR PERSONAL INJURY,  INCLUDING  DEATH,  shall
not  exceed  the  amount  of  compensation provided for in the following
schedule:

     30 percent of the first $250,000 of the sum recovered;
     25 percent of the next $250,000 of the sum recovered;
     20 percent of the next $500,000 of the sum recovered;
     15 percent of the next $250,000 of the sum recovered;
     10 percent of any amount over $1,250,000 of the sum recovered.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04184-01-5

S. 5499                             2

  3. Such percentages shall be computed on the net sum  recovered  after
deducting  from  the  amount  recovered  expenses  and disbursements for
expert testimony and investigative or other services properly chargeable
to the enforcement of the claim or prosecution of the action. In comput-
ing  the  fee,  the  costs as taxed, including interest upon a judgment,
shall be deemed part of the amount recovered.    For  the  following  or
similar items there shall be no deduction in computing such percentages:
liens,  assignments  or  claims in favor of hospitals, for medical care,
dental care, podiatric care and treatment by doctors and nurses,  or  of
self-insurers or insurance carriers.
  4.  In  the  event that claimant's or plaintiff's attorney believes in
good faith that the fee schedule set forth in subdivision  two  of  this
section,  because  of  extraordinary  circumstances,  will  not give him
adequate compensation, application for greater compensation may be  made
upon affidavit with written notice and an opportunity to be heard to the
claimant  or plaintiff and other persons holding liens or assignments on
the recovery. Such application shall be made to the justice of the trial
part to which the action had been sent for trial; or, if it had not been
sent to a part for trial, then to the justice  presiding  at  the  trial
term calendar part of the court in which the action had been instituted;
or,  if  no action had been instituted, then to the justice presiding at
the trial term calendar part of the Supreme Court for the county in  the
judicial  department  in  which  the  attorney  has an office. Upon such
application, the justice, in his discretion,  if  extraordinary  circum-
stances are found to be present, and without regard to the claimant's or
plaintiff's  consent,  may  fix  as  reasonable  compensation  for legal
services rendered an amount greater than that specified in the  schedule
set  forth  in  subdivision two of this section, provided, however, that
such greater amount shall not exceed  the  fee  fixed  pursuant  to  the
contractual  arrangement,  if any, between the claimant or plaintiff and
the attorney. If the application is granted, the justice  shall  make  a
written  order accordingly, briefly stating the reasons for granting the
greater compensation; and a copy of such order shall be  served  on  all
persons entitled to receive notice of the application.
  5.  Any  contingent  fee  in  a claim or action for medical, dental or
podiatric malpractice, OR IN ANY CLAIM OR ACTION FOR PROPERTY DAMAGE  OR
PERSONAL  INJURY,  INCLUDING DEATH, brought on behalf of an infant shall
continue to be subject to the provisions of section four hundred  seven-
ty-four of this [chapter] ARTICLE.
  S 2. This act shall take effect immediately.

senate Bill S5697

2015-2016 Legislative Session

Authorizes Bradley M. Fuerst to participate in the optional 20 year retirement plan for police officers

download bill text pdf

Sponsored By

Current Bill Status - STRICKEN


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2015 recommit, enacting clause stricken
May 28, 2015 referred to civil service and pensions

S5697 - Bill Details

See other versions of this Bill:
A7819A
, S5455A
Current Committee:
Law Section:
Retirement

S5697 - Bill Texts

view summary

Authorizes Bradley M. Fuerst to participate in the optional 20 year retirement plan for police officers covered under section 384-d of the retirement and social security law.

view sponsor memo
BILL NUMBER:S5697

TITLE OF BILL: An act authorizing Bradley M. Fuerst to participate in
the optional 20 year retirement plan for police officers in the
village of Bath

PURPOSE: To authorize the Village of Bath, to offer and make
available, participation in Section 384-d of the retirement and social
security law to police officer Bradley M. Fuerst who is currently
employed by the village of Bath.

SUMMARY OF PROVISIONS:

Section one authorizes the Village of Bath to offer the optional 20
year retirement plan, established pursuant to section 384-d and of the
retirement and social security law, to police officer Bradley M.
Fuerst, who for reasons not ascribable to his own negligence failed to
make a timely application to participate in such optional 20 year
retirement plan. The Village may so elect by filing with the
Comptroller by December 31, 2015, a resolution of the Village Board of
Trustees together with a certification that such police officer did
not bar himself from participation in such plan as a result of
negligence.

Section two requires that all past service costs associated with
implementing this provision be borne by the Village of Bath.

Section three provides that this act shall take effect immediately.

JUSTIFICATION: Police Officer Bradley M. Fuerst was hired by the
Village of Bath on March 22, 2011, and who through no fault of his own
failed to make timely application to participate in the special
retirement plan contained in section 384-d and of the retirement and
social security plan contained in crediting his service with the
village of Bath in the general retirement contained in section 375-e
of such law thereby entering him into the wrong retirement plan. The
village of Bath has requested this legislation authorizing them to
offer an optional 20 year retirement plan to Police Officer Bradley M.
Fuerst. All costs associated with implementing this provision shall be
borne by the Village.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Fiscal note attached

EFFECTIVE DATE: Immediately.

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

                                  5697

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 28, 2015
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT authorizing Bradley M. Fuerst to participate in the  optional  20
  year retirement plan for police officers in the village of Bath

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

  Section 1. Notwithstanding any other provision of law to the contrary,
Bradley M. Fuerst, a member of the New York state and local  police  and
fire  retirement  system,  who began employment as a police officer with
the village of Bath on March 22, 2011 and currently remains employed  by
such  village,  and  who,  through no fault of his own, failed to file a
timely application to participate in the special twenty year  retirement
plan  pursuant  to sections 384-d and 384-e of the retirement and social
security law resulting in the crediting of his service with the  village
of  Bath  in  the  general retirement plan contained in section 375-g of
such law, shall be given full credit in the special twenty year  retire-
ment  plan  for such service upon the election of the village of Bath to
assume the additional cost of such service. The village of Bath  may  so
elect  by  filing  with the state comptroller, on or before December 31,
2015, a resolution of  the  village  board  of  trustees  together  with
certification  that such police officer did not bar himself from partic-
ipation in such retirement plan as  a  result  of  his  own  negligence.
Thereafter,  such  police  officer  may  elect  to  be  covered  by  the
provisions of sections 384-d and 384-e  of  the  retirement  and  social
security law from the date he commenced his employment as a police offi-
cer by such village, and shall be entitled  to the full rights and bene-
fits  associated  with coverage under such section while so employed, by
filing a request to that effect with the state comptroller on or  before
June 30, 2016.
  S   2.  All  past  service  costs  associated  with  implementing  the
provisions of this act shall be borne by the village of Bath.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10391-05-5

S. 5697                             2

  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  will  allow  the  Village  of  Bath to elect to reopen the
provisions of Section 384-d of the Retirement and  Social  Security  Law
for police officer Bradley Fuerst.
  If  this  bill is enacted and officer Fuerst becomes covered under the
provisions of Section 384-d along with Section 384-e, we anticipate that
there will be an increase of approximately $850 in the  annual  contrib-
utions of the Village of Bath for the fiscal year ending March 31, 2016.
In  future years, this cost will vary as the billing rates and salary of
the officer Fuerst change.
  We estimate that there will not be a past  service  cost  due  to  the
enactment of this legislation.
  Summary of relevant sources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2014  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2014
Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 Annual Report to the Comptroller on  Actuarial
Assumptions,  and  the  Codes  Rules and Regulations of the State of New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2014
New York State Local Retirement System Financial Statements and  Supple-
mentary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This  estimate,  dated  May 21, 2015, and intended for use only during
the 2015 Legislative Session, is Fiscal Note No. 2015-117,  prepared  by
the  Actuary for the New York State and Local Police and Fire Retirement
System.

senate Bill S4912

Signed By Governor
2015-2016 Legislative Session

In relation to limited residence and limited fellowship permits in the area of podiatric medicine

download bill text pdf

Sponsored By

Current Bill Status Via A6440 - Signed by Governor


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

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 13, 2015 signed chap.119
Aug 03, 2015 delivered to governor
Jun 01, 2015 returned to assembly
passed senate
substituted for s4912
Jun 01, 2015 substituted by a6440
May 11, 2015 advanced to third reading
May 06, 2015 2nd report cal.
May 05, 2015 1st report cal.546
Apr 23, 2015 referred to higher education

S4912 - Bill Details

See Assembly Version of this Bill:
A6440
Law Section:
Education Law
Laws Affected:
Amd §§7005 & 7008, Ed L

S4912 - Bill Texts

view summary

Relates to limited residence and limited fellowship permits in the area of podiatric medicine.

view sponsor memo
BILL NUMBER:S4912

TITLE OF BILL: An act to amend the education law, in relation to limit-
ed residence and limited fellowship permits in the area of podiatric
medicine

Purpose of the Bill:

The proposed legislation would amend section 7008 of the Education Law
to extend the duration of limited residency permits to allow permit
holders to complete the residencies that they undertake to meet the
postgraduate training requirements for licensure. It also establishes a
limited fellowship permit to authorize fellows to participate only in
approved fellowship programs and to assure that they are appropriately
supervised. The proposed legislation would also amend section 7005 of
the Education Law to expand the student exemption to students enrolled
in approved podiatry programs in other jurisdictions.

Summary of the Provisions of the Bill:

Section 1 amends section 7008 of the Education Law to authorize the
Department to issue limited fellowship permits, in addition to limited
residency permits, to graduates of a program of professional education
in podiatry registered by the Department or accredited by an accrediting
agency acceptable to the Department. The bill also extends the duration
of the permits from one year to three years and provides for the oppor-
tunity for the permits to be renewed for additional one-year periods
when necessary to permit the completion of an approved post-graduate
residency or fellowship in podiatric medicine. The bill also establishes
a fee for a limited fellowship permit of $105, and the fee for renewal
of a limited fellowship permit shall be $50.

Section 2 authorizes students to engage in clinical practice under the
supervision of a licensed podiatrist as part of a program in an approved
school of podiatry by making them exempt persons.

Section 3 sets forth an immediate effective date.

Statement in Support of the Bill:

Presently, in order to be eligible for licensure as a podiatrist, indi-
viduals must complete at least one year of supervised postgraduate
hospital training in podiatry. The only way to get the required training
is through a hospital-based residency program. Those programs are a
minimum of 3 years in length, and some are longer. In order for resi-
dents to have the authority to provide the clinical services performed
in podiatric residency programs, Education Law section 7008 was added to
create limited residency permits. Such permits are necessary to enable
applicants for licensure to complete the required clinical training and
to permit residents to complete their nationally accredited training
programs.

Since the enactment of Education Law section 7008, the length of podia-
tric residency programs has increased. Current law limits the duration
of a limited residency permit to one year, and it may only be renewed
for one or two additional years at the discretion of the Department. As
a result, permit holders may be unable to complete the residencies that
they undertake to meet the postgraduate training requirements for licen-
sure as a podiatrist and that are required for specialty board certif-
ication. Therefore, this bill amends Education Law section 7008 to
authorize an initial three year limited residency permit, with annual
renewals thereafter, at the discretion of the Department, to enable the
limited residency permit holder to complete his or her residency.

In addition to residency programs, there are additional opportunities
for postgraduate training in podiatry through podiatric fellowship
programs which afford participants the opportunity to receive advanced
training in a specialty area. Currently, there are three fellowship
programs in New York State which are approved by the Council on Podia-
tric Medical Education. Two of these programs are in wound care, and the
third is in wound care and tissue healing. The three programs have a
total of 10 fellowship positions. The opportunity to participate in
podiatric fellowship programs provides an opportunity for New York
licensed podiatrists to develop their skills in specialty areas, thus
benefitting the New York residents whom they serve. Fellowships also
attract podiatrists from other jurisdiction to come to New York, which
may lead them to relocate in this state, where New York patients would
be able to benefit from their advanced training.

Some fellows are not licensed in New York, as a result of which they
would be unable to practice in this state without a credential authoriz-
ing them to do so. Moreover, the fellowship programs typically involve
treating parts of the body that are not within the scope of practice of
podiatry. In this they are similar to residency programs, for which
limited residency permits were enacted to authorize such treatment.
Thus, even those podiatrists who are licensed in New York would require
a credential to authorize the expanded scope of practice.

Amending Education Law section 7008 to include limited fellowship
permits, will assure that fellows participate only in approved fellow-
ship programs and that they are appropriately supervised.

Finally, this bill makes necessary changes to the student exemption
provision of Education Law section 7005. Most professions have a statu-
tory student exemption which enables students enrolled in approved
educational programs to participate in clinical training which is a
necessary component of their educational programs. In many professions,
the law enables students in educational programs accredited by an
accrediting agency acceptable to the Department to perform clinical
services under supervision. This allows for students enrolled in
programs in other jurisdictions, as well as those in New York programs,
to receive clinical training in New York.

In podiatry, however, the student exemption is very narrow, and as a
result only students enrolled in the single podiatry college in New York
may practice under the exemption. Since most other states do not have
such narrow exemptions, students enrolled in the single New York podia-
try program, are able to, and do in fact, perform clinical rotations in
other states. Making student training opportunities more available in
the state would both provide reciprocal opportunities for podiatry
students in other states and reinforce the educational programs in New
York facilities. This bill seeks to address that problem by amending
Education Law section 7005 to expand the student exemption to students
enrolled in approved podiatry programs in other jurisdictions.

Budgetary Implications of the Bill:

Additional revenue may be obtained from the fees gathered by issuing
limited fellowship permits, in addition to the existing fee of $105
which is collected for limited residency permits.

Prior Legislative History:

This is a new bill.

Effective Date:

This act shall take effect immediately.

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

                                  4912

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 23, 2015
                               ___________

Introduced  by  Sen. FUNKE -- (at request of the State Education Depart-
  ment) -- read twice and  ordered  printed,  and  when  printed  to  be
  committed to the Committee on Higher Education

AN  ACT to amend the education law, in relation to limited residence and
  limited fellowship permits in the area of podiatric medicine

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

  Section  1. Section 7008 of the education law, as added by chapter 689
of the laws of 2005, is amended to read as follows:
  S 7008. Limited residency PERMITS AND LIMITED FELLOWSHIP permits.   1.
Limited  residency  permits AND LIMITED FELLOWSHIP PERMITS may be issued
by the department to graduates of a program of professional education in
podiatry registered by the department or accredited  by  an  accrediting
agency acceptable to the department.
  2. Such permits shall allow a resident OR FELLOW in podiatric medicine
participating  in  an  approved  post-graduate  residency  OR FELLOWSHIP
program to perform such duties, tasks and functions  that  are  required
for  successful  completion  of  [the  residency] SUCH program under the
administrative supervision of a licensed podiatrist serving as the resi-
dency OR FELLOWSHIP director, AS APPLICABLE, in  a  hospital  or  health
care  facility  licensed  pursuant to article twenty-eight of the public
health law. At any time during the residency OR FELLOWSHIP,  a  licensed
physician  or  a  licensed podiatrist may provide direct personal super-
vision of activities which he or she  is  authorized  and  competent  to
provide in the approved facility; provided, however, when the resident's
OR FELLOW'S training involves practice beyond that authorized in section
seven  thousand  one of this article, a licensed physician shall provide
direct personal supervision. For the purposes of  this  section,  direct
personal   supervision   means   supervision   of  procedures  based  on
instructions given directly by a licensed physician OR  LICENSED  PODIA-
TRIST, AS APPLICABLE, who remains in the immediate area where the proce-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09390-01-5

S. 4912                             2

dures  are  being performed, authorizes the procedures and evaluates the
procedures performed by the podiatric resident OR FELLOW.
  3.  Such  permit shall be issued for [one year] THREE YEARS and may be
renewed at the discretion of the department for [one or two]  additional
[years]  ONE-YEAR  PERIODS when necessary to permit the completion of an
approved post-graduate residency OR FELLOWSHIP in podiatric medicine.
  4. The fee for a limited residency  permit  OR  A  LIMITED  FELLOWSHIP
PERMIT shall be one hundred five dollars and the fee for a renewal shall
be fifty dollars.
  S  2.  Section  7005 of the education law, as amended by chapter 39 of
the laws of 1982, is amended to read as follows:
  S 7005. Exempt persons. Nothing in this article shall be construed  to
affect  or  prevent[: 1. A] A student from engaging in clinical practice
under supervision of a licensed podiatrist [in a] AS PART OF THE PROGRAM
OF AN APPROVED school of podiatry  [in  this  state  registered  by  the
department].
  S 3. This act shall take effect immediately.

senate Bill S3523

2015-2016 Legislative Session

Designation of certain officers of the police department of the Port Authority of New York and New Jersey as detectives

download bill text pdf

Sponsored By

Current Bill Status Via A4644 - Vetoed by Governor


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

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 20, 2015 tabled
vetoed memo.227
Nov 10, 2015 delivered to governor
Jun 01, 2015 returned to assembly
passed senate
substituted for s3523
Jun 01, 2015 substituted by a4644
May 06, 2015 advanced to third reading
May 05, 2015 2nd report cal.
May 04, 2015 1st report cal.510
Feb 11, 2015 referred to civil service and pensions

Co-Sponsors

S3523 - Bill Details

See Assembly Version of this Bill:
A4644
Law Section:
Port Authority of New York and New Jersey
Laws Affected:
Add Art 15-C, §1 of Chap 154 of 1921
Versions Introduced in Previous Legislative Sessions:
2013-2014: S4667, A7017
2011-2012: S5099, A5746
2009-2010: S7450A, A10239A

S3523 - Bill Texts

view summary

Designates certain officers of the police department of the Port Authority of New York and New Jersey as detectives.

view sponsor memo
BILL NUMBER:S3523

TITLE OF BILL: An act to amend chapter 154 of the laws of 1921,
relating to the Port Authority of New York and New Jersey, in relation
to the designation as detective in certain instances

PURPOSE: To provide that police officers of the Port Authority of New
York and New Jersey who are assigned the duties of a detective shall,
whenever such assignment to the duties of a detective exceeds a
cumulative period of eighteen months be permanently designated as a
detective and receive the compensation ordinarily paid such persons in
such designation.

SUMMARY OF PROVISIONS:

Section one of the bill amends Chapter 154 of the Laws of 1921,
relating to the Port of Authority of New York and New Jersey ("Port
Authority"), by adding a new Article XV-C. New Article XV-C would
provide that Port Authority police officers who have been assigned the
duties of detective for a period of 18 months be permanently
designated as detectives.

Section two of the bill provides that 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. The chairman of the port authority shall notify
the legislative bill drafting commission upon the occurrence of
article 15-C 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.

EXISTING LAW: Currently, promotions of police officers of the Port
Authority of New York and New Jersey to the rank of detective are made
pursuant to administrative rules.

JUSTIFICATION: This bill would grant police officers of the Port
Authority of New York and New Jersey ("Port Authority") the same
protection that is afforded to police officers of village, town,
county, and city jurisdictions throughout the State. The Legislature
of New York has established that eighteen months is a sufficient
amount of time for supervisors to evaluate and determine an officer's
fitness for the duties of a detective. The police officers of the Port
Authority should be granted the same rights as those enjoyed by all
other officers throughout the State.

PRIOR LEGISLATIVE HISTORY: 2013-4: S.4667 - Referred to Corporations,
Authorities and Commissions 2011-2: S.5099 - Referred to Corporations,
Authorities and Commissions 2010: S.7450-A - Vetoed, Memo 6827 2008:
S.3538 - Referred to Corporations, Authorities and Commissions 2007:
S.3538 - Passed the Senate

FISCAL IMPLICATIONS: None


EFFECTIVE DATE: This 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. The chairman of the port authority shall notify the
legislative bill drafting commission upon the occurrence of article
15-C 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 70b of the public officers law.

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

                                  3523

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 11, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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
  Authority of New York and New Jersey, in relation to  the  designation
  as detective in certain instances

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

  Section 1. Section 1 of chapter 154 of the laws of 1921,  relating  to
the  Port  Authority  of New York and New Jersey, is amended by adding a
new article 15-C to read as follows:
                              ARTICLE XV-C
  1. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "PORT AUTHORITY
OF NEW YORK AND NEW JERSEY POLICE DEPARTMENT  DESIGNATION  AS  DETECTIVE
ACT."
  2.  LEGISLATIVE  FINDINGS  AND  DECLARATION. A. THE LEGISLATURE HEREBY
FINDS AND DECLARES THAT IT  IS  FREQUENTLY  IMPRACTICABLE  TO  ASCERTAIN
FITNESS  FOR THE POSITION OF DETECTIVE WITHIN VARIOUS POLICE DEPARTMENTS
AROUND THE STATE BY MEANS OF A COMPETITIVE EXAMINATION DUE TO THE UNIQUE
NATURE OF THE DUTIES ASSIGNED  AND  THE  INTANGIBLE  PERSONAL  QUALITIES
NEEDED  TO  PERFORM  SUCH  DUTIES.  THE  LEGISLATURE  FURTHER FINDS THAT
COMPETITIVE EXAMINATION HAS NEVER BEEN EMPLOYED IN MANY  POLICE  DEPART-
MENTS,  TO  ASCERTAIN  FITNESS FOR THE POSITION OF DETECTIVE WITHIN SUCH
POLICE DEPARTMENTS; SUCH FITNESS HAS ALWAYS BEEN  DETERMINED  BY  EVALU-
ATION OF THE CAPABILITIES OF AN INDIVIDUAL (WHO HAS IN ANY CASE RECEIVED
PERMANENT  APPOINTMENT TO THE POSITION OF POLICE OFFICER) BY SUPERVISORY
PERSONNEL.   THE  LEGISLATURE  FURTHER  FINDS  THAT  AN  INDIVIDUAL  WHO
PERFORMS IN AN INVESTIGATORY POSITION IN A MANNER SUFFICIENTLY SATISFAC-
TORY  TO  THE  APPROPRIATE  SUPERVISORS TO HOLD SUCH AN ASSIGNMENT FOR A
CUMULATIVE PERIOD OF EIGHTEEN MONTHS, HAS DEMONSTRATED FITNESS  FOR  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02463-02-5

S. 3523                             2

POSITION  OF  DETECTIVE WITHIN SUCH POLICE DEPARTMENT AT LEAST AS SUFFI-
CIENTLY AS COULD BE ASCERTAINED BY MEANS OF A COMPETITIVE EXAMINATION.
  B.  IN  THE  JURISDICTION  OF  THE  PORT AUTHORITY OF NEW YORK AND NEW
JERSEY POLICE DEPARTMENT, A JURISDICTION WHICH DOES NOT ADMINISTER EXAM-
INATIONS FOR DESIGNATION TO  DETECTIVE,  ANY  PERSON  WHO  HAS  RECEIVED
PERMANENT APPOINTMENT TO THE POSITION OF POLICE OFFICER AND IS TEMPORAR-
ILY  ASSIGNED  TO THE DUTIES OF A DETECTIVE SHALL, WHENEVER SUCH ASSIGN-
MENT TO THE DUTIES OF A DETECTIVE EXCEEDS A CUMULATIVE PERIOD  OF  EIGH-
TEEN  MONTHS,  BE  PERMANENTLY DESIGNATED AS A DETECTIVE AND RECEIVE THE
COMPENSATION ORDINARILY PAID TO PERSONS IN SUCH DESIGNATION.
  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. The chairman of the
port authority shall notify the  legislative  bill  drafting  commission
upon  the  occurrence  of  article 15-C 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.

senate Bill S4179

Signed By Governor
2015-2016 Legislative Session

Makes technical correction relating to notice of petition for the appointment of a guardian for purposes of property management

download bill text pdf

Sponsored By

Current Bill Status Via A490 - Signed by Governor


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

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 25, 2015 signed chap.243
Sep 15, 2015 delivered to governor
Jun 01, 2015 returned to assembly
passed senate
substituted for s4179
Jun 01, 2015 substituted by a490
May 05, 2015 advanced to third reading
May 04, 2015 2nd report cal.
Apr 29, 2015 1st report cal.495
Mar 05, 2015 referred to mental health and developmental disabilities

S4179 - Bill Details

See Assembly Version of this Bill:
A490
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.21, Ment Hyg L
Versions Introduced in 2013-2014 Legislative Session:
A9054

S4179 - Bill Texts

view summary

Makes technical correction relating to notice of petition for the appointment of a guardian for purposes of property management.

view sponsor memo
BILL NUMBER:S4179

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
notice of petition for the appointment of a guardian for purposes of
property management

PURPOSE OF BILL:

Amends Mental Hygiene Law section 81.21(c), to reduce the possibility
for confusion among practitioners and litigants seeking to satisfy
Mental Hygiene Law section 81.21(c)'s notice requirements.

SUMMARY OF PROVISIONS OF BILL:

The bill amends Mental Hygiene Law section 81.21(c) to replace the
erroneous reference to section 81.07(d) with a reference to Mental
Hygiene Law section 81.07(e)(1) that enumerates the individuals who
are entitled to notice via service of process of Orders to Show Cause
in Article 81 guardianship proceedings.

JUSTIFICATION:

The authority of a guardian appointed under Article 81 of the New York
Mental Hygiene Law ("MHL") to transfer an incapacitated person's
assets to another is derived from MHL section 81.21(a). In enacting
MHL section 81.21, "the Legislature gave statutory recognition to the
common-law doctrine of substituted judgment by expressly authorizing
the transfer of a part of the incapacitated person's assets to or for
the benefit of another person on the ground that the incapacitated
person would have made the transfer if he or she had the capacity to
act." (MATTER OF MILDRED A., 21 Misc.3d 1123(A), at *4 (Sup. Ct.,
Nassau County 2008).

MHL section 81.21(c) provides that, when an Article 81 guardian seeks
to transfer an incapacitated person's assets under that section, "the
persons entitled to notice in accordance with paragraph one of
subdivision (d) of section 81.07 of the (Mental Hygiene Law)", among
others, shall receive notice of the application. The failure to
satisfy the notice requirements set forth in MHL section 81.21(c) can
have serious practical implications, including subjecting the
court-authorized transfers to subsequent determinations that they are
invalid. See, MATTER OF BURNS, 267 A.D.2d 755, 757 (3d Dept. 1999).

Although MHL section 81.21(c) specifically references MHL section
81.07(d)(1), it appears that the cross-reference to MHL section
81.07(d)(1) is erroneous. In its current form, MHL section 81.07(d)
contains the legend for Orders to Show Cause commencing MHL Article 81
guardianship proceedings. Instead, it is MHL section 81.07(e)(1) that
enumerates the individuals who are entitled to service of process of
Orders to Show Cause in Article 81 proceedings. They include: (a) the
alleged incapacitated person; (b) the attorney for the alleged
incapacitated person; and (c) the court evaluator.

Based upon the foregoing, MHL section 81.21(c) should be amended to
help ensure that all individuals whom the Legislature intended to
receive notice of applications made under section 8121 receive such
notice; and to reduce the possibility for confusion among


practitioners and litigants seeking to satisfy MHL section 81.21(c)'s
notice requirements.

These objectives can be accomplished by amending MHL section 81.21(c)
to reference MHL section 81.07(e)(1), rather than MHL section
81.07(d)(1).

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  4179

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to notice  of  peti-
  tion  for  the  appointment  of  a  guardian  for purposes of property
  management

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

  Section  1.  Paragraph  (i) of subdivision (c) of section 81.21 of the
mental hygiene law, as added by chapter 698 of  the  laws  of  1992,  is
amended to read as follows:
  (i) the persons entitled to notice in accordance with paragraph one of
subdivision [(d)] (E) of section 81.07 of this article;
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00614-01-5

senate Bill S4845

Signed By Governor
2015-2016 Legislative Session

Provides time frames within which service by mailing must be made both within and without the state

download bill text pdf

Sponsored By

Current Bill Status Via A6264 - Signed by Governor


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

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 22, 2015 signed chap.572
Dec 16, 2015 delivered to governor
Jun 01, 2015 returned to assembly
passed senate
substituted for s4845
Jun 01, 2015 substituted by a6264
May 04, 2015 advanced to third reading
Apr 29, 2015 2nd report cal.
Apr 28, 2015 1st report cal.453
Apr 22, 2015 referred to judiciary

S4845 - Bill Details

See Assembly Version of this Bill:
A6264
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2103, CPLR
Versions Introduced in 2013-2014 Legislative Session:
A9763

S4845 - Bill Texts

view summary

Provides time frames within which service by mailing must be made both within and without the state.

view sponsor memo
BILL NUMBER:S4845

TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to the service of papers

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Advisory
Committee on Civil Practice.

This measure would amend CPLR 2103(0(1) to repeal its requirement that
papers served by mail upon an attorney in a pending action be mailed
within the State of New York. This measure also would amend CPLR
2103(b)(2) to extend by one day, to six days, the prescribed period of
time for response to such papers when they are served by mail from
outside the State but within the geographic boundaries of the United
States.

We take particular note of a recent decision by the Appellate
Division, First Department, holding service by mail made outside the
State insufficient (M. Entertainment, Inc v Leydier (2009 NY Slip Op
04169) (May 28, 2009) (reversed on other grounds, 2009 NY Slip Op
07671 (October 27, 2009)). In response, our Advisory Committee has
suggested to us that CPLR 2103(b)(6), the rule regarding service upon
an attorney via dispatch by overnight delivery service, does not
require such dispatch to be made within the State, only that the
service regularly accept items for overnight delivery within the
State, as follows:

(b) Upon an attorney. Except where otherwise prescribed by law or by
order of court, papers to be served upon a party in a pending action
shall be served upon the party's attorney. Where the same attorney
appears for two or more parties, only one copy need be served upon the
attorney. Such service upon an attorney shall be made:

6. by dispatching the paper to the attorney by overnight delivery
service at the address designated by the attorney for that purpose or,
if none is designated, at the attorney's last known address. Service
by overnight delivery service shall be complete upon deposit of the
paper enclosed in a properly addressed wrapper into the custody of the
overnight delivery service for overnight delivery, prior to the latest
time designated by the overnight delivery service for overnight
delivery. Where a period of time prescribed by law is measured from
the service of a paper and service is by overnight delivery, one
business day shall be added to the prescribed period. "Overnight
delivery service" means any delivery service which regularly accepts
items for overnight delivery to any address in the state,
or...(emphasis added).

We are persuaded by our Committee's view that the rule for mailing
should correspond with that for a delivery service. The Committee also
believes that allowing service by mail from outside the State will
remove an artificial barrier to service and encourage litigation to be
brought in New York. The act of removing this requirement recognizes
the current realities of multi-state practice and the increased
mobility of litigants and litigation. Finally, the measure has been
amended to be limited in scope and application to the geographic
boundaries of the United States.


This measure would have no fiscal impact on the State. It would take
effect on the first day of January next succeeding the date on which
it shall have become law.

2014 Legislative History:

OCA 2014-97
Assembly 9763 (M. of A. Simotas) (Passed)

2010 Legislative History:

OCA 2010-59

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

                                  4845

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 22, 2015
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  service of papers

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

  Section  1.  Paragraph  2 of subdivision (b) of rule 2103 of the civil
practice law and rules, as separately amended by chapters 461 and 478 of
the laws of 1989, is amended to read as follows:
  2. by mailing the paper to the attorney at the address  designated  by
that  attorney for that purpose or, if none is designated, at the attor-
ney's last known address; service by mail shall be complete  upon  mail-
ing;  where  a  period  of  time  prescribed by law is measured from the
service of a paper and service is by mail, five days shall be  added  to
the  prescribed  period  IF THE MAILING IS MADE WITHIN THE STATE AND SIX
DAYS IF THE MAILING IS MADE  FROM  OUTSIDE  THE  STATE  BUT  WITHIN  THE
GEOGRAPHIC BOUNDARIES OF THE UNITED STATES; or
  S 2. Paragraph 1 of subdivision (f) of rule 2103 of the civil practice
law and rules, as amended by chapter 367 of the laws of 1999, is amended
to read as follows:
  1.  "Mailing"  means  the deposit of a paper enclosed in a first class
postpaid wrapper, addressed to the address designated by  a  person  for
that  purpose  or,  if  none  is designated, at that person's last known
address, in a post office or official  depository  under  the  exclusive
care  and custody of the United States Postal Service within the [state]
UNITED STATES;
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07370-02-5

senate Bill S4559

Signed By Governor
2015-2016 Legislative Session

Provides a procedure for determining suspensions and demotions of members of police agencies upon abolition or reduction of positions

download bill text pdf

Sponsored By

Current Bill Status Via A5333 - Signed by Governor


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

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 11, 2015 signed chap.525
Nov 30, 2015 delivered to governor
Jun 01, 2015 returned to assembly
passed senate
substituted for s4559
Jun 01, 2015 substituted by a5333
Apr 23, 2015 advanced to third reading
Apr 22, 2015 2nd report cal.
Apr 21, 2015 1st report cal.341
Mar 27, 2015 referred to civil service and pensions

S4559 - Bill Details

See Assembly Version of this Bill:
A5333
Law Section:
Civil Service Law
Laws Affected:
Amd §80, Civ Serv L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5720A, A7019A
2011-2012: S7075, A9887

S4559 - Bill Texts

view summary

Provides a procedure for determining suspensions and demotions of members of police agencies upon abolition or reduction of positions.

view sponsor memo
BILL NUMBER:S4559

TITLE OF BILL:

An act to amend the civil service law, in relation to the calculation
of seniority for purposes of layoffs or demotions

PURPOSE:

The purpose of this bill is to amend section 80 of the Civil Service
Law that pertains to suspension or demotion upon the abolition or
reduction of positions in the civil service as it applies to any
members of any police agency in the State other than those police
agencies already dealt with by subdivisions 1-a through 1-e of section
80.

SUMMARY OF PROVISIONS:

Section one of this bill would add a new subdivision 1-f to section 80
of the Civil Service Law to provide that in any police agency in the
State of New York other than those listed in subsections 1-a through
1-e of § 80, demotions or reductions in staff upon the abolition or
reduction of positions would be made in inverse order of original
appointment on a permanent basis in the grade or title in the service
of the governmental jurisdiction in which such abolition or reduction
of position occurs.

Section two of this bill provides that this act shall take effect
immediately.

JUSTIFICATION:

Under the current law, suspensions or demotions in the Civil Service
upon the abolition or reduction of positions must be made based upon
seniority, with demotions or reductions in force to be made in
"inverse order of original appointment on a permanent basis in the
classified service" (Civil Service Law § 80(1)). The spirit of the law
is to safeguard the employment of those employees with the most time
in the system, with the general principle being "last in - first out".
In the uniformed services, this law can have a reverse effect
essentially retaining employees with shorter tenures in the civil
service rank while demoting those with longer tenures in rank. For
example, a police officer with ten years in rank as a Sergeant would
have to be demoted before a police officer with 1 year in rank as a
Sergeant if the latter had more time in the classified service. As
mentioned above, several uniformed services operations have recognized
this inequity and obtained individual legislative amendments to
section 80 of the New York Civil Service Law requiring said demotions
and reductions to be made by "inverse order. of original appointment
on a permanent basis in the grade or title". We believe that this is
the preferred and equitable method to handle these issues within the
context of the police community and that it should be adopted
statewide, which this bill would do.

LEGISLATIVE HISTORY:

2014: S.5270-A - Passed the Senate


2013: S.5270-A - Referred to Civil Service and Pensions

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  4559

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 27, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the civil service law, in relation to the calculation of
  seniority for purposes of layoffs or demotions

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

  Section  1. Section 80 of the civil service law is amended by adding a
new subdivision 1-f to read as follows:
  1-F.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  THE  SWORN  MEMBERS OF ANY POLICE AGENCY AS DEFINED IN SECTION
EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, OTHER THAN POLICE  AGEN-
CIES  REFERRED  TO  IN  SUBDIVISIONS ONE-A THROUGH ONE-E OF THIS SECTION
SHALL BE SUBJECT TO THE FOLLOWING PROCEDURE. WHERE, BECAUSE OF  ECONOMY,
CONSOLIDATION  OR  ABOLITION  OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR
OTHERWISE, POSITIONS IN THE COMPETITIVE CLASS ARE ABOLISHED  OR  REDUCED
IN  RANK  OR  SALARY  GRADE, SUSPENSION OR DEMOTION, AS THE CASE MAY BE,
AMONG INCUMBENTS HOLDING THE SAME OR SIMILAR POSITIONS SHALL BE MADE  IN
THE  INVERSE  ORDER  OF ORIGINAL APPOINTMENT ON A PERMANENT BASIS IN THE
GRADE OR TITLE IN THE SERVICE OF THE GOVERNMENTAL JURISDICTION IN  WHICH
SUCH  ABOLITION  OR  REDUCTION  OF  POSITIONS  OCCURS,  SUBJECT  TO  THE
PROVISIONS OF SUBDIVISION SEVEN OF SECTION EIGHTY-FIVE OF THIS  CHAPTER;
PROVIDED,  HOWEVER,  THAT  THE  DATE OF ORIGINAL APPOINTMENT OF ANY SUCH
INCUMBENT WHO WAS TRANSFERRED TO  SUCH  GOVERNMENTAL  JURISDICTION  FROM
ANOTHER  GOVERNMENTAL  JURISDICTION UPON THE TRANSFER OF FUNCTIONS SHALL
BE THE DATE OF ORIGINAL APPOINTMENT ON A PERMANENT BASIS IN THE  CLASSI-
FIED  SERVICE IN THE SERVICE OF THE GOVERNMENTAL JURISDICTION FROM WHICH
SUCH TRANSFER WAS MADE.
  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, HOWEVER, UPON  THE
ABOLITION OR REDUCTION OF POSITIONS IN THE COMPETITIVE CLASS, INCUMBENTS
HOLDING  THE  SAME  OR  SIMILAR  POSITIONS  WHO HAVE NOT COMPLETED THEIR
PROBATIONARY SERVICES SHALL BE SUSPENDED OR DEMOTED, AS THE CASE MAY BE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00933-01-5

S. 4559                             2

BEFORE ANY PERMANENT INCUMBENTS, AND AMONG SUCH  PROBATIONARY  EMPLOYEES
THE  ORDER  OF  SUSPENSION  OR  DEMOTION  SHALL BE DETERMINED AS IF SUCH
EMPLOYEES WERE PERMANENT INCUMBENTS.
  S 2. This act shall take effect immediately.

assembly Bill A4441

2015-2016 Legislative Session

Relates to the time to file a claim in a toxic tort case

download bill text pdf

Sponsored By

Current Bill Status - Passed Assembly


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

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2016 referred to judiciary
delivered to senate
passed assembly
May 26, 2016 advanced to third reading cal.765
May 24, 2016 reported
May 17, 2016 reported referred to codes
Jan 06, 2016 referred to judiciary
May 28, 2015 reported referred to codes
Feb 02, 2015 referred to judiciary

Co-Sponsors

A4441 - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §214-c, CPLR
Versions Introduced in Previous Legislative Sessions:
2013-2014: A6137
2011-2012: A3714
2009-2010: A4187

A4441 - Bill Texts

view summary

Provides that in toxic tort cases where the specific toxic etiological cause of injury is not known for up to ten years (instead of five years) after the injury itself is discovered a plaintiff shall have three years to file a claim from the time such specific cause is discovered.

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

                                  4441

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2015
                               ___________

Introduced  by M. of A. RAMOS -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the civil practice law and rules, in  relation  to  time
  limitations for filing claims for certain injuries

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

  Section 1. Subdivision 4 of section 214-c of the  civil  practice  law
and  rules,  as  added by chapter 682 of the laws of 1986, is amended to
read as follows:
  4. Notwithstanding the provisions of subdivisions  two  and  three  of
this  section,  where  the  discovery  of the SPECIFIC TOXIC ETIOLOGICAL
cause of the injury, INCLUDING  THE  SOURCE  OF  THE  ALLEGED  HARM,  is
alleged  to  have occurred less than [five] TEN years after discovery of
the injury or when with reasonable diligence  such  injury  should  have
been  discovered,  whichever is earlier, an action may be commenced or a
claim filed within [one year] THREE YEARS of such discovery of the cause
of the injury; provided, however, if any such  action  is  commenced  or
claim  filed  after  the  period  in  which it would otherwise have been
authorized pursuant to subdivision two or  three  of  this  section  the
plaintiff or claimant shall be required to allege and prove that techni-
cal,  scientific  or  medical  knowledge  and  information sufficient to
ascertain the cause of his injury had not been discovered, identified or
determined, OR THAT AFTER DILIGENT EFFORT THE CAUSE WAS NOT KNOWN BY THE
PLAINTIFF OR CLAIMANT, prior to the  expiration  of  the  period  within
which  the  action  or  claim would have been authorized and that he has
otherwise satisfied the requirements of subdivisions two  and  three  of
this section.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08291-01-5

senate Bill S5080

2015-2016 Legislative Session

Relates to requiring employers who employ one or more police officers to provide ballistic soft-body armor vests to NYC police officers

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 labor
Apr 30, 2015 referred to labor

S5080 - Bill Details

See Assembly Version of this Bill:
A7937
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §27-a, Lab L

S5080 - Bill Texts

view summary

Relates to requiring employers who employ one or more police officers to provide ballistic soft-body armor vests to NYC police officers.

view sponsor memo
BILL NUMBER:S5080

TITLE OF BILL:

An act to amend the labor law, in relation to requiring employers who
employ one or more police officers to provide ballistic soft-body
armor vests to New York city police officers

PURPOSE:

To require employers who employ one or more police officers to provide
ballistic soft-body armor vests to New York City police officers.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends Labor Law section 27-a(4)(d) by adding a
new paragraph (d) to provide that any employer located in a city with
a population of over one million and that employs one or more police
officers must provide at the employer's expense, a ballistic soft body
armor vest to each police officer on or after the effective date of
this paragraph and shall replace each police officer's vest as
required by this paragraph or more stringent regulations promulgated
by the Commissioner of the Department of Labor in consultation with
the Division of Criminal Justice Services (DCJS). An employer shall
not require a police officer to purchase his or her own vest out of a
uniform allowance provided by the employer or any other amount paid by
the employer to a police officer for the purpose of purchasing
uniforms and/or equipment unless it is expressly agreed to pursuant to
a collective bargaining agreement.

New subparagraph (i) defines "ballistic soft-body armor vest" as a
custom-fitted, concealable, soft-body armor or bulletproof vest that
meets or exceeds the standard of vests classified as type III-A with
side and extended protection, or any other custom-fitted, concealable,
soft-body armor vest that may be developed, tested, and approved which
exceeds the type III-A level of protection in standard classification
systems set forth by the National Institute of Justice, and found to
meet or exceed (a) the requirements of National Institute of Justice
Standards 0101.06 and/or the highest industry standard in effect at
the time, or (b) any other requirements for vests set forth in
subsequent revisions which comply with more stringent requirements set
forth in regulations promulgated by the Commissioner of Labor.

New subparagraph (ii) provides that all ballistic soft-body armor
vests provided to police officers are required to, at a minimum, be
replaced at the expense of the employer (a) on or before the
expiration of the manufacturer's warranty period but not later than 5
years after the date of purchase by the employer; (b) after any
ballistic soft-body armor vests sustains a hit from a firearm or
projectile; (c) after the vest is damaged or destroyed due to its use
in service, wear; or any other reason that would affect the protective
qualities of the vest necessitating its removal from service; or (d)
when, for any reason, the vest does not fit properly or does not
provide the necessary protection for the individual police officer.

New subparagraph (iii) provides that notwithstanding anything to the
contrary, an employer may apply for reimbursement for these vests


pursuant to Executive Law section 837-d or any federal or state
program then in effect for reimbursement or replacement of these vests
for police officers within the state.

Section 2 of this bill provides that this act shall take effect
immediately.

JUSTIFICATION:

Police officers are tasked with protecting the safety of the public in
their cities, and are often put in dangerous situations. Ballistic
soft-body armor vests are key for protection of these officers in the
course of their public duties.

With the assassination of Officers Liu and Ramos, it is important that
New York State does everything in its power to protect police officers
and provide them with the proper, up-to-date safety equipment they
need to perform their jobs.

In January 2015, an article was published in the New York Post,
stating that tens of thousands of New York City police officers were
wearing outdated bulletproof vests. Manufacturers of these vests
recommend that they are replaced every 5 years because the fiber
degrades over time. Heat and perspiration also degrade the
effectiveness of these vests over time. Currently, in order for an
officer to replace his or her outdated vest, the officer would have to
pay for the replacement vest out of pocket.

The safety of our officers is paramount, and New York City officers
have one of the most dangerous jobs. Mandating that these vests are
provided by employers at no cost to employees, and that they are
replaced in the standard warranty period will ensure safety and
protect our officers.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  5080

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 30, 2015
                               ___________

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

AN ACT to amend the labor law, in relation to  requiring  employers  who
  employ  one  or  more  police  officers to provide ballistic soft-body
  armor vests to New York city police officers

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

  Section  1.  Paragraph d of subdivision 4 of section 27-a of the labor
law is relettered paragraph e and a new paragraph d is added to read  as
follows:
  D.  ANY  EMPLOYER  LOCATED  IN  A  CITY  WITH A POPULATION OF OVER ONE
MILLION AND THAT EMPLOYS ONE OR MORE  POLICE  OFFICERS,  AS  DEFINED  BY
SUBDIVISION  THIRTY-FOUR  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
SHALL PROVIDE, AT THE EXPENSE OF THE  EMPLOYER,  A  BALLISTIC  SOFT-BODY
ARMOR VEST TO EACH POLICE OFFICER ON OR AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH  AND  SHALL  REPLACE EACH POLICE OFFICER'S BALLISTIC SOFT-BODY
ARMOR VEST AS REQUIRED BY THIS PARAGRAPH OR MORE  STRINGENT  REGULATIONS
PROMULGATED  BY  THE  COMMISSIONER  IN CONSULTATION WITH THE DIVISION OF
CRIMINAL JUSTICE SERVICES PURSUANT TO SECTION EIGHT HUNDRED  THIRTY-SEV-
EN-D OF THE EXECUTIVE LAW. UNLESS EXPRESSLY AGREED PURSUANT TO A COLLEC-
TIVE  BARGAINING AGREEMENT, AN EMPLOYER SHALL NOT REQUIRE A POLICE OFFI-
CER TO PURCHASE A BALLISTIC  SOFT-BODY  ARMOR  VEST  OUT  OF  A  UNIFORM
ALLOWANCE  PROVIDED  BY  THE  EMPLOYER  OR  ANY OTHER AMOUNT PAID BY THE
EMPLOYER TO A POLICE OFFICER FOR  THE  PURPOSE  OF  PURCHASING  UNIFORMS
AND/OR EQUIPMENT.
  (I)  AS USED IN THIS PARAGRAPH, "BALLISTIC SOFT-BODY ARMOR VEST" SHALL
MEAN A CUSTOM-FITTED, CONCEALABLE, SOFT-BODY ARMOR OR  BULLETPROOF  VEST
THAT  MEETS  OR EXCEEDS THE STANDARDS OF VESTS COMMONLY KNOWN OR CLASSI-
FIED AS TYPE III-A WITH SIDE  AND  EXTENDED  PROTECTION,  OR  ANY  OTHER
CUSTOM-FITTED,  CONCEALABLE, SOFT-BODY ARMOR VEST THAT MAY BE DEVELOPED,
TESTED, AND APPROVED WHICH EXCEEDS THE  LEVEL  OF  PROTECTION  OF  THOSE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09901-01-5

S. 5080                             2

VESTS  COMMONLY KNOWN OR CLASSIFIED AS TYPE III-A WITH SIDE AND EXTENDED
PROTECTION IN SUCH STANDARD CLASSIFICATION SYSTEMS SET  FORTH    BY  THE
NATIONAL  INSTITUTE  OF  JUSTICE  AND  FOUND  TO  MEET OR EXCEED (A) THE
REQUIREMENTS  OF  NATIONAL INSTITUTE OF JUSTICE STANDARDS 0101.06 AND/OR
THE HIGHEST INDUSTRY STANDARD THEN IN EFFECT AT  THE  TIME  OR  (B)  ANY
OTHER  REQUIREMENTS  FOR VESTS SET FORTH IN SUBSEQUENT REVISIONS THEREOF
WHICH OTHERWISE COMPLY WITH MORE STRINGENT  REQUIREMENTS  SET  FORTH  IN
REGULATIONS  PROMULGATED  BY THE COMMISSIONER.   NOTHING IN THIS SECTION
SHALL PROHIBIT AN EMPLOYER FROM  PROVIDING  POLICE  OFFICERS  UNDER  ITS
EMPLOY  BALLISTIC SOFT-BODY ARMOR VESTS THAT EXCEED THE MINIMUM REQUIRE-
MENTS SET FORTH IN THIS  SUBPARAGRAPH  OR  REGULATIONS  ADOPTED  BY  THE
COMMISSIONER.
  (II)  ALL  BALLISTIC SOFT-BODY ARMOR VESTS PROVIDED TO POLICE OFFICERS
UNDER THIS PARAGRAPH ARE REQUIRED TO, AT A MINIMUM, BE REPLACED  AT  THE
EXPENSE  OF THE EMPLOYER (A) ON OR BEFORE THE EXPIRATION OF THE MANUFAC-
TURER'S WARRANTY PERIOD BUT NOT LATER THAN FIVE YEARS AFTER THE DATE  OR
PURCHASE  BY  THE EMPLOYER; (B) AFTER ANY BALLISTIC SOFT-BODY ARMOR VEST
SUSTAINS A HIT FROM A FIREARM  OR  PROJECTILE;  (C)  AFTER  A  BALLISTIC
SOFT-ARMOR VEST IS DAMAGED OR DESTROYED DUE TO ITS USE IN SERVICE, WEAR,
OR  ANY  OTHER  REASON THAT WOULD AFFECT THE PROTECTIVE QUALITIES OF THE
BALLISTIC SOFT-BODY ARMOR VEST NECESSITATING ITS REMOVAL  FROM  SERVICE;
OR (D) WHEN, FOR ANY REASON, THE VEST DOES NOT PROPERLY FIT OR OTHERWISE
DOES  NOT  PROVIDE  THE  NECESSARY  PROTECTION FOR THE INDIVIDUAL POLICE
OFFICER.
  (III) NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO OFFSET THE COST  IN
PROVIDING  OR  REPLACING  BALLISTIC SOFT-BODY ARMOR VESTS AS REQUIRED BY
THIS PARAGRAPH, AN EMPLOYER MAY  APPLY  FOR  REIMBURSEMENT  PURSUANT  TO
SECTION EIGHT HUNDRED THIRTY-SEVEN-D OF THE EXECUTIVE LAW OR ANY FEDERAL
OR  STATE PROGRAM THEN IN EFFECT FOR THE REIMBURSEMENT OR REPLACEMENT OF
BALLISTIC SOFT-BODY ARMOR VESTS FOR POLICE OFFICERS WITHIN THE STATE.
  S 2. The act shall take effect immediately.

assembly Bill A7719

2015-2016 Legislative Session

Allows businesses to use funds received from the minority and women-owned business development and lending program for the purpose of refinancing existing debt

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Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to economic development
May 26, 2015 referred to economic development

Co-Sponsors

A7719 - Bill Details

See Senate Version of this Bill:
S5737
Current Committee:
Law Section:
New York State Urban Development Corporation Act
Laws Affected:
Amd §16-c, UDC Act
Versions Introduced in Previous Legislative Sessions:
2013-2014: A4350
2011-2012: A8037
2015-2016: A7719

A7719 - Bill Texts

view summary

Allows businesses to use funds received from minority- and women-owned business development and lending program for the purpose of refinancing existing debt.

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

                                  7719

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2015
                               ___________

Introduced  by  M.  of  A. BICHOTTE, SCHIMMINGER, PEOPLES-STOKES -- read
  once and referred to the Committee on Economic Development

AN ACT to amend the urban development corporation act,  in  relation  to
  allowing  businesses  to  use  funds  received  from  the minority and
  women-owned business development and lending program for  the  purpose
  of refinancing existing debt

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

  Section 1. Subparagraphs (vi) and (vii) of paragraph (c)  of  subdivi-
sion  1 of section 16-c of section 1 of chapter 174 of the laws of 1968,
constituting the  urban  development  corporation  act,  as  amended  by
section  1  of part AA of chapter 55 of the laws of 2014, are amended to
read as follows:
  (vi) overnight lodging facilities[;
  (vii) refinancing of debt or  equity  invested  in  an  enterprise  or
project].
  S  2. Subparagraphs (vii) and (viii) of paragraph (d) of subdivision 1
of section 16-c of section 1 of chapter 174 of the laws of 1968, consti-
tuting the urban development  corporation  act,  subparagraph  (vii)  as
amended  and  subparagraph  (viii)  as  added by section 1 of part AA of
chapter 55 of the laws of 2014, are amended and a new subparagraph  (ix)
is added to read as follows:
  (vii)  establish a comprehensive technical assistance program in coop-
eration with the department of economic development to assist  minority-
and  women-owned  businesses and potential minority and women-entrepren-
eurs; [and]
  (viii) notwithstanding any provision of law to the contrary, establish
a minority- and women-owned business investment fund to provide critical
financial support to foster the development of new  and  emerging  ideas
and  products  of minority- and women-owned business enterprises as well
as to promote the long-term financial performance and success  of  early

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08086-01-5

A. 7719                             2

stage  enterprises  that  are  minority-  and women-owned start-ups. The
selection of an eligible applicant and  beneficiary  companies  for  the
minority-  and women-owned business investment fund shall be selected by
the  process  established  pursuant  to subdivisions two through four of
section sixteen-u of this act. Minority- or women-owned business  enter-
prises  who  participate  in  such  minority-  and  women-owned business
investment fund under this subdivision shall not be precluded from qual-
ifying for any other assistance, grant or loan made available  from  the
state[.]; AND
  (IX)  PROVIDE  FOR  THE  REFINANCING  OF DEBT OR EQUITY INVESTED IN AN
ENTERPRISE OR PROJECT.
  S 3. This act shall take effect on the ninetieth 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 are authorized
and directed to be made and completed on or before such effective date.

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