assembly Bill A328A

2015-2016 Legislative Session

Requires all motor vehicle insurers to file annual detailed financial and claim data statements with the superintendent of financial services

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


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

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 19, 2016 advanced to third reading cal.632
May 17, 2016 reported
May 10, 2016 reported referred to codes
Apr 20, 2016 print number 328b
amend and recommit to insurance
Jan 06, 2016 referred to insurance
May 11, 2015 amended on third reading 328a
May 07, 2015 advanced to third reading cal.280
May 04, 2015 reported
Apr 29, 2015 reported referred to codes
Jan 07, 2015 referred to insurance

Bill Amendments

A328
A328A
A328B
A328
A328A
A328B

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A328 - Bill Details

Law Section:
Insurance Law
Laws Affected:
Add §343, Ins L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S2987
2013-2014: A1132A, S1090A
2011-2012: A7603, S5009

A328 - Bill Texts

view summary

Requires all motor vehicle insurers to file annual detailed financial and claim data statements with the superintendent of financial services; provides all such statements shall be made available to the public.

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

                                   328

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. WEINSTEIN, ZEBROWSKI, DINOWITZ, PEOPLES-STOKES,
  COLTON, JAFFEE, CYMBROWITZ, ABINANTI, MARKEY, TITONE, PERRY,  BENEDET-
  TO,  SCHIMEL, BRINDISI, STECK, THIELE, SCARBOROUGH, RODRIGUEZ, MILLER,
  ORTIZ, SKOUFIS, STIRPE, MONTESANO -- Multi-Sponsored by --  M.  of  A.
  BRAUNSTEIN,  MAGNARELLI  -- read once and referred to the Committee on
  Insurance

AN ACT to amend the insurance law, in relation to  requiring  all  motor
  vehicle  insurers  to  file  annual  financial statements and detailed
  claim data with the superintendent of financial services

  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 "automobile
insurance sunshine act of 2015".
  S  2.  Legislative  intent.  The legislature hereby finds and declares
that insurance companies issuing motor vehicle policies  in  this  state
owe  a  duty  to  the  consumers they insure and to those who may in the
future be insured by them, to fully disclose in a public and transparent
manner all elements relating to their financial condition and  solvency.
Automobile  use  and operation is a cornerstone of modern life; in fact,
auto insurance is the only coverage most New Yorkers are required by law
to purchase.  New York's consumers have a right to know the details  and
specifics of the factors and circumstances behind the financial solvency
of their insurer as well as the bases for the rates they are required to
pay to retain their legally mandated coverage. The determination of auto
insurance  premiums  in New York has, unfortunately, gone on too long in
obscurity, with those who bear the premium rates unable to learn reasons
why they are set where they are. As a matter of public trust, automobile
liability insurers should make public the  pertinent  facts  related  to
their  premium determinations and financial solvency. It is the sense of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00089-01-5

A. 328                              2

the legislature that this data should be disclosed in an open and public
manner.
  S  3. The insurance law is amended by adding a new section 342 to read
as follows:
  S 342. FINANCIAL STATEMENT AND DETAILED CLAIM DATA TO  BE  FILED  WITH
THE  DEPARTMENT.    (A) FOR PURPOSES OF THIS SECTION, THE TERM "INSURER"
SHALL MEAN ANY PERSON, CORPORATION, ASSOCIATION OR OTHER BUSINESS ENTITY
AUTHORIZED TO ISSUE A MOTOR VEHICLE INSURANCE POLICY IN THIS STATE.
  (B) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
THE SUPERINTENDENT WITH A DETAILED FINANCIAL STATEMENT TO SUPPLEMENT AND
EXPAND UPON THE INFORMATION CONTAINED IN THE STATUTORY ANNUAL  STATEMENT
FOR  THE  MOST RECENTLY CONCLUDED CALENDAR YEAR. THE FINANCIAL STATEMENT
SHALL CONTAIN INFORMATION ON A COMBINED BASIS FOR ALL LINES OF INSURANCE
AS WELL AS INFORMATION SEPARATELY FOR EACH OF  THE  FOLLOWING  LINES  OF
INSURANCE: (1) PRIVATE PASSENGER AUTOMOBILE OTHER LIABILITY, (2) PRIVATE
PASSENGER  AUTOMOBILE  PERSONAL INJURY PROTECTION, (3) PRIVATE PASSENGER
AUTOMOBILE PHYSICAL DAMAGE, (4) COMMERCIAL AUTOMOBILE  OTHER  LIABILITY,
(5) COMMERCIAL AUTOMOBILE PERSONAL INJURY PROTECTION, AND (6) COMMERCIAL
AUTOMOBILE  PHYSICAL DAMAGE.  SUCH FINANCIAL STATEMENT SHALL INCLUDE THE
ENTIRETY  OF  ITS  BUSINESS  ACTIVITIES  CONDUCTED  IN  THIS  STATE,  OR
CONDUCTED  OUTSIDE  THIS STATE, BUT HAVING A NEXUS TO INSURANCE POLICIES
OR CONTRACTS OF INSURANCE INSURING  PERSONS  OR  RISKS  IN  THIS  STATE,
CONSISTENT  WITH THE PROCEDURES FOR DETERMINING NEW YORK STATE INSURANCE
BUSINESS FOR STATUTORY ANNUAL STATEMENT REPORTING PURPOSES. SUCH  STATE-
MENT SHALL BE IN A FORM DETERMINED BY THE SUPERINTENDENT. THE FORM SHALL
BE  SUFFICIENTLY  ITEMIZED  IN  A  MANNER THAT ALLOWS FOR AN ACTUARIALLY
SOUND ANALYSIS OF THE INCOME REALIZED BY THE INSURER  FROM  ALL  SOURCES
DURING  SUCH  YEAR,  INCLUDING  BUT  NOT LIMITED TO PREMIUMS, INVESTMENT
INCOME, PROFIT FROM SALE OF ASSETS AND ANY OTHER CATEGORY OR  CATEGORIES
OF  INCOME  AS  DETERMINED  BY  THE  SUPERINTENDENT  TO REFLECT THE FULL
DISCLOSURE REQUIREMENTS OF THIS SECTION. AT A MINIMUM, SUCH  INFORMATION
SHALL CONSIST OF THE ITEMS SET FORTH IN THE STATEMENT OF INCOME, EXCLUD-
ING  THE  CAPITAL  AND  SURPLUS ACCOUNT SECTION OF THE PROPERTY/CASUALTY
STATUTORY ANNUAL STATEMENT, AS APPLICABLE  TO  THE  INSURER'S  NEW  YORK
STATE  BUSINESS,  AS  WELL  AS  THE OTHER INFORMATION DELINEATED IN THIS
SUBSECTION. SUCH FINANCIAL STATEMENT SHALL ALSO CONTAIN A  COMPREHENSIVE
AND  DETAILED DISCLOSURE OF THE INSURER'S EXPENSES ACTUALLY INCURRED AND
PAID DURING SUCH CALENDAR YEAR, TO  INCLUDE  NORMAL  BUSINESS  EXPENSES,
SALARIES,  COMMISSIONS,  CONSULTING  FEES,  LEGAL  EXPENSES, ADVERTISING
COSTS AND ANY OTHER CATEGORY DEEMED PERTINENT  TO  THE  INTENT  OF  THIS
SECTION. AT A MINIMUM, THE EXPENSE INFORMATION REQUIRED SHALL CONSIST OF
THE  ITEMS SET FORTH IN THE UNDERWRITING AND INVESTMENT EXHIBIT - PART 3
- EXPENSES OF THE PROPERTY / CASUALTY  STATUTORY  ANNUAL  STATEMENT,  AS
APPLICABLE  TO  THE  INSURER'S  NEW YORK STATE BUSINESS. WITH RESPECT TO
SALARIES (INCLUDING ALL OTHER FORMS OF COMPENSATION), EACH INSURER SHALL
ITEMIZE THE SALARY OF THE TWENTY MOST HIGHLY  COMPENSATED  EMPLOYEES  OF
SUCH  INSURER DURING SUCH YEAR, PROVIDED THAT THE NAME OF SUCH EMPLOYEES
NEED NOT BE DISCLOSED. SUCH FINANCIAL STATEMENT SHALL ALSO  PROVIDE  THE
PUBLIC  WITH  A  SYNOPSIS OF CLAIMS OR SETTLEMENTS PAID PURSUANT TO SUCH
POLICIES OR CONTRACTS, LISTING THE TOTAL OF SUCH CLAIMS AND  SETTLEMENTS
BY TYPE OF INSURANCE OR THE RISK INSURED. AT A MINIMUM, THE CLAIM INFOR-
MATION  REQUIRED  SHALL CONSIST OF THE ITEMS SET FORTH IN THE EXHIBIT OF
PREMIUMS AND LOSSES OF THE PROPERTY / CASUALTY STATUTORY  ANNUAL  STATE-
MENT, AS APPLICABLE TO THE INSURER'S NEW YORK STATE BUSINESS AND IDENTI-
FIED  AND  CATEGORIZED SEPARATELY FOR EACH ZIP CODE IN THIS STATE.  SUCH
FINANCIAL STATEMENT SHALL BE SIGNED AND ATTESTED AS FULL,  COMPLETE  AND

A. 328                              3

ACCURATE  BY  THE  CHIEF EXECUTIVE OFFICER OF THE INSURER, AND HE OR SHE
SHALL BE HELD PERSONALLY RESPONSIBLE WITH RESPECT TO THE ACCURACY OF THE
CONTENT OF SUCH STATEMENT. THE  SUPERINTENDENT  SHALL  PROVIDE  INSURERS
WITH  A  METHOD  TO SUBMIT THEIR FINANCIAL STATEMENTS ELECTRONICALLY VIA
THE INTERNET, WHICH METHOD SHALL INCLUDE INSTRUCTIONS  RELATING  TO  THE
USE  OF AN ELECTRONIC SIGNATURE WHICH SHALL BE SUBJECT TO, AND SUBMITTED
IN ACCORDANCE WITH  SECTION  THREE  HUNDRED  SIXTEEN  OF  THIS  ARTICLE;
PROVIDED,  HOWEVER,  THAT NO EXCEPTION AUTHORIZED IN SUCH SECTION MAY BE
REQUESTED OR GRANTED.
  (C) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
THE SUPERINTENDENT WITH DETAILED CLOSED CLAIM INFORMATION FOR  THE  SAME
LINES  OF  INSURANCE  PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION FOR
THE MOST RECENTLY CONCLUDED  CALENDAR  YEAR.  UNTIL  THE  SUPERINTENDENT
PROMULGATES  DATA  COLLECTION FORMS AND PROCEDURES FOR PRIVATE PASSENGER
AUTOMOBILE INSURANCE, DATA SHALL BE COLLECTED USING, AT A  MINIMUM,  THE
MOST  RECENT  PUBLICLY  AVAILABLE  FORMS  USED BY THE INSURANCE RESEARCH
COUNCIL FOR ITS AUTO INJURY SURVEY. THE SUPERINTENDENT MAY REQUIRE ADDI-
TIONAL INFORMATION BEYOND THAT WHICH IS CONTAINED IN SUCH SURVEY  IF  HE
OR SHE DEEMS IT NECESSARY AND WARRANTED.  INSTEAD OF COLLECTING INFORMA-
TION  FOR ALL PRIVATE PASSENGER AUTOMOBILE CLAIMS THE SUPERINTENDENT MAY
COLLECT DATA FOR A STATISTICALLY VALID SAMPLE  OF  CLAIMS.  THE  MINIMUM
SAMPLE  SIZE SHALL REPRESENT FIVE PER CENTUM OF THE NUMBER OF CLAIMS FOR
EACH YEAR. UNTIL THE SUPERINTENDENT PROMULGATES  DATA  COLLECTION  FORMS
AND  PROCEDURES  FOR  COMMERCIAL  AUTOMOBILE  INSURANCE,  DATA  SHALL BE
COLLECTED USING INFORMATION  WHICH  MAY  BE  AVAILABLE  FROM  ANY  OTHER
SOURCE. FOR COMMERCIAL AUTOMOBILE CLAIMS, INSTEAD OF COLLECTING INFORMA-
TION  FOR  ALL  CLAIMS THE SUPERINTENDENT MAY COLLECT DATA FOR A STATIS-
TICALLY VALID SAMPLE OF CLAIMS. THE MINIMUM SAMPLE SIZE SHALL  REPRESENT
TEN  PER  CENTUM  OF THE NUMBER OF CLAIMS FOR EACH YEAR FOR SUCH LINE OF
INSURANCE. SUCH DETAILED CLAIM DATA SHALL  BE  SIGNED  AND  ATTESTED  AS
FULL, COMPLETE AND ACCURATE BY THE CHIEF EXECUTIVE OFFICER OF THE INSUR-
ER,  AND  HE OR SHE SHALL BE HELD PERSONALLY RESPONSIBLE WITH RESPECT TO
THE ACCURACY OF THE DATA. THE DETAILED CLAIM DATA SHALL BE SUBMITTED  IN
THE SAME MANNER AS PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION.
  (D)  THE SUPERINTENDENT SHALL, IN BOTH WRITTEN FORM AND AS PART OF THE
DEPARTMENT WEB SITE, MAKE SUCH FINANCIAL STATEMENTS AND  DETAILED  CLAIM
INFORMATION  AVAILABLE  TO  THE  PUBLIC.  THE DETAILED CLAIM INFORMATION
SHALL BE PROVIDED IN AGGREGATE FORM FOR ALL  INSURERS  COMBINED  WITHOUT
ANY  IDENTIFICATION  OF  A SPECIFIC CLAIM TO A SPECIFIC INSURER. NONE OF
THE PUBLICLY AVAILABLE DETAILED CLAIM  INFORMATION  SHALL  IDENTIFY  THE
INDIVIDUAL  INSURER,  DEFENDANT  OR PLAINTIFF ASSOCIATED WITH THE CLAIM.
SUCH FINANCIAL STATEMENTS AND DETAILED CLAIM INFORMATION SHALL BE DEEMED
A PUBLIC DOCUMENT AND NO PERSON SHALL BE REQUIRED TO FILE A REQUEST  FOR
SUCH FINANCIAL STATEMENTS PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS
LAW  IN ORDER TO RECEIVE A COPY THEREOF, BUT UPON REQUEST AND PAYMENT OF
THE FEE FOR COPYING SUCH DOCUMENT, IT SHALL BE PROVIDED. WITH RESPECT TO
THE ELECTRONIC COPY OF SUCH  FINANCIAL  STATEMENTS  AND  DETAILED  CLAIM
INFORMATION, WHICH SHALL BE ACCESSIBLE ON THE DEPARTMENT'S WEB SITE, THE
DEPARTMENT  SHALL  HIGHLIGHT THE AVAILABILITY OF SUCH INFORMATION TO THE
PUBLIC ON SUCH WEB SITE, AND THE LINK TO EACH INSURER'S FINANCIAL STATE-
MENT AND THE AGGREGATED DETAILED CLAIM INFORMATION SHALL  BE  ACCESSIBLE
IN A SIMPLE AND EASY MANNER. BOTH THE FINANCIAL STATEMENT AND AGGREGATED
DETAILED CLAIM INFORMATION ON THE DEPARTMENT WEB SITE SHALL BE AVAILABLE
IN  SPREADSHEET  FORMAT, IN ADDITION TO ANY OTHER FORMAT THE SUPERINTEN-
DENT DETERMINES IS APPROPRIATE.

A. 328                              4

  (E) ON OR BEFORE JULY FIRST OF EACH  YEAR,  THE  SUPERINTENDENT  SHALL
ISSUE  REPORTS SUMMARIZING AND EXPLAINING THE INFORMATION COLLECTED FROM
THE FINANCIAL STATEMENTS AND THE DETAILED CLAIM INFORMATION.  COPIES  OF
SUCH  REPORTS  SHALL  BE  FORWARDED  TO  THE  TEMPORARY PRESIDENT OF THE
SENATE,  THE  SPEAKER  OF THE ASSEMBLY AND THE CHAIRS OF BOTH THE SENATE
AND ASSEMBLY INSURANCE COMMITTEES. SUCH REPORTS SHALL  BE  PUBLIC  DOCU-
MENTS AND SHALL BE ACCESSIBLE BOTH IN PAPER COPY AND ON THE DEPARTMENT'S
WEB SITE.
  (F)  WHERE  AN  INSURER FAILS OR REFUSES TO PROVIDE THE SUPERINTENDENT
WITH A FULL AND COMPLETE DISCLOSURE AS REQUIRED  BY  THIS  SECTION,  THE
SUPERINTENDENT SHALL TAKE SUCH ACTION HE OR SHE DEEMS NECESSARY TO BRING
THE INSURER INTO FULL COMPLIANCE.  SUCH ACTION MAY INCLUDE IMPOSITION OF
A  CIVIL  PENALTY  OF  UP TO FIFTY THOUSAND DOLLARS ASSESSED AGAINST THE
INSURER FOR EACH VIOLATION, TEMPORARY SUSPENSION OF ANY RIGHT  TO  ISSUE
ADDITIONAL  POLICIES  OR  CONTRACTS UNTIL THE INSURER BRINGS ITSELF INTO
FULL COMPLIANCE, AN AUDIT OF THE INSURER'S RECORDS BY THE DEPARTMENT  OR
ITS  DESIGNATED REPRESENTATIVE TO OBTAIN THE INFORMATION AND WHICH AUDIT
SHALL BE PAID FOR BY THE INSURER, OR ANY OTHER CIVIL REMEDY  THE  SUPER-
INTENDENT   DEEMS  WARRANTED  OR  NECESSARY  UNTIL  SUCH  INSURER  FULLY
COMPLIES. IN ADDITION THE OFFICER WHOSE SIGNATURE  IS  AFFIXED  TO  SUCH
STATEMENT MAY BE PERSONALLY PENALIZED TO THE SAME EXTENT.
  (G) THE SUPERINTENDENT MAY PROMULGATE SUCH RULES AND REGULATIONS HE OR
SHE  DEEMS  NECESSARY FOR THE PROPER ADMINISTRATION OF THE PROVISIONS OF
THIS SECTION, AND SUCH RULES AND REGULATIONS MAY BE  PROMULGATED  ON  AN
EMERGENCY  BASIS IF THE SUPERINTENDENT WARRANTS SUCH ACTION TO BE NECES-
SARY.
  S 4. Severability. If any item, clause, sentence, subparagraph, subdi-
vision or other part of this act, or  the  application  thereof  to  any
person  or circumstances shall be held to be invalid, such holding shall
not affect, impair or invalidate the remainder of this act but it  shall
be  confined  in  its  operation to the item, clause, sentence, subpara-
graph, subdivision or other part of this act directly involved  in  such
holding, or to the person and circumstances therein involved.
  S 5. This act shall take effect immediately.

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A328A - Bill Details

Law Section:
Insurance Law
Laws Affected:
Add §343, Ins L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S2987
2013-2014: A1132A, S1090A
2011-2012: A7603, S5009

A328A - Bill Texts

view summary

Requires all motor vehicle insurers to file annual detailed financial and claim data statements with the superintendent of financial services; provides all such statements shall be made available to the public.

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

                                 328--A
                                                        Cal. No. 280

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. WEINSTEIN, ZEBROWSKI, DINOWITZ, PEOPLES-STOKES,
  COLTON, JAFFEE, CYMBROWITZ, ABINANTI, MARKEY, TITONE, PERRY,  BENEDET-
  TO, SCHIMEL, BRINDISI, STECK, THIELE, RODRIGUEZ, MILLER, ORTIZ, SKOUF-
  IS,  STIRPE,  MONTESANO  -- Multi-Sponsored by -- M. of A. BRAUNSTEIN,
  MAGNARELLI -- read once and referred to the Committee on Insurance  --
  reported  and  referred  to  the  Committee  on Codes -- reported from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining its place on the order of third reading

AN ACT to amend the insurance law, in relation to  requiring  all  motor
  vehicle  insurers  to  file  annual  financial statements and detailed
  claim data with the superintendent of financial services

  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 "automobile
insurance sunshine act of 2015".
  S  2.  Legislative  intent.  The legislature hereby finds and declares
that insurance companies issuing motor vehicle policies  in  this  state
owe  a  duty  to  the  consumers they insure and to those who may in the
future be insured by them, to fully disclose in a public and transparent
manner all elements relating to their financial condition and  solvency.
Automobile  use  and operation is a cornerstone of modern life; in fact,
auto insurance is the only coverage most New Yorkers are required by law
to purchase.  New York's consumers have a right to know the details  and
specifics of the factors and circumstances behind the financial solvency
of their insurer as well as the bases for the rates they are required to
pay to retain their legally mandated coverage. The determination of auto
insurance  premiums  in New York has, unfortunately, gone on too long in
obscurity, with those who bear the premium rates unable to learn reasons
why they are set where they are. As a matter of public trust, automobile
liability insurers should make public the  pertinent  facts  related  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00089-03-5

A. 328--A                           2

their  premium determinations and financial solvency. It is the sense of
the legislature that this data should be disclosed in an open and public
manner.
  S  3. The insurance law is amended by adding a new section 343 to read
as follows:
  S 343. FINANCIAL STATEMENT AND DETAILED CLAIM DATA TO  BE  FILED  WITH
THE  DEPARTMENT.    (A) FOR PURPOSES OF THIS SECTION, THE TERM "INSURER"
SHALL MEAN ANY PERSON, CORPORATION, ASSOCIATION OR OTHER BUSINESS ENTITY
AUTHORIZED TO ISSUE A MOTOR VEHICLE INSURANCE POLICY IN THIS STATE.
  (B) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
THE SUPERINTENDENT WITH A DETAILED FINANCIAL STATEMENT TO SUPPLEMENT AND
EXPAND UPON THE INFORMATION CONTAINED IN THE STATUTORY ANNUAL  STATEMENT
FOR  THE  MOST RECENTLY CONCLUDED CALENDAR YEAR. THE FINANCIAL STATEMENT
SHALL CONTAIN INFORMATION ON A COMBINED BASIS FOR ALL LINES OF INSURANCE
AS WELL AS INFORMATION SEPARATELY FOR EACH OF  THE  FOLLOWING  LINES  OF
INSURANCE: (1) PRIVATE PASSENGER AUTOMOBILE OTHER LIABILITY, (2) PRIVATE
PASSENGER  AUTOMOBILE  PERSONAL INJURY PROTECTION, (3) PRIVATE PASSENGER
AUTOMOBILE PHYSICAL DAMAGE, (4) COMMERCIAL AUTOMOBILE  OTHER  LIABILITY,
(5) COMMERCIAL AUTOMOBILE PERSONAL INJURY PROTECTION, AND (6) COMMERCIAL
AUTOMOBILE  PHYSICAL DAMAGE.  SUCH FINANCIAL STATEMENT SHALL INCLUDE THE
ENTIRETY  OF  ITS  BUSINESS  ACTIVITIES  CONDUCTED  IN  THIS  STATE,  OR
CONDUCTED  OUTSIDE  THIS STATE, BUT HAVING A NEXUS TO INSURANCE POLICIES
OR CONTRACTS OF INSURANCE INSURING  PERSONS  OR  RISKS  IN  THIS  STATE,
CONSISTENT  WITH THE PROCEDURES FOR DETERMINING NEW YORK STATE INSURANCE
BUSINESS FOR STATUTORY ANNUAL STATEMENT REPORTING PURPOSES. SUCH  STATE-
MENT SHALL BE IN A FORM DETERMINED BY THE SUPERINTENDENT. THE FORM SHALL
BE  SUFFICIENTLY  ITEMIZED  IN  A  MANNER THAT ALLOWS FOR AN ACTUARIALLY
SOUND ANALYSIS OF THE INCOME REALIZED BY THE INSURER  FROM  ALL  SOURCES
DURING  SUCH  YEAR,  INCLUDING  BUT  NOT LIMITED TO PREMIUMS, INVESTMENT
INCOME, PROFIT FROM SALE OF ASSETS AND ANY OTHER CATEGORY OR  CATEGORIES
OF  INCOME  AS  DETERMINED  BY  THE  SUPERINTENDENT  TO REFLECT THE FULL
DISCLOSURE REQUIREMENTS OF THIS SECTION. AT A MINIMUM, SUCH  INFORMATION
SHALL CONSIST OF THE ITEMS SET FORTH IN THE STATEMENT OF INCOME, EXCLUD-
ING  THE  CAPITAL  AND  SURPLUS ACCOUNT SECTION OF THE PROPERTY/CASUALTY
STATUTORY ANNUAL STATEMENT, AS APPLICABLE  TO  THE  INSURER'S  NEW  YORK
STATE  BUSINESS,  AS  WELL  AS  THE OTHER INFORMATION DELINEATED IN THIS
SUBSECTION. SUCH FINANCIAL STATEMENT SHALL ALSO CONTAIN A  COMPREHENSIVE
AND  DETAILED DISCLOSURE OF THE INSURER'S EXPENSES ACTUALLY INCURRED AND
PAID DURING SUCH CALENDAR YEAR, TO  INCLUDE  NORMAL  BUSINESS  EXPENSES,
SALARIES,  COMMISSIONS,  CONSULTING  FEES,  LEGAL  EXPENSES, ADVERTISING
COSTS AND ANY OTHER CATEGORY DEEMED PERTINENT  TO  THE  INTENT  OF  THIS
SECTION. AT A MINIMUM, THE EXPENSE INFORMATION REQUIRED SHALL CONSIST OF
THE  ITEMS SET FORTH IN THE UNDERWRITING AND INVESTMENT EXHIBIT - PART 3
- EXPENSES OF THE PROPERTY / CASUALTY  STATUTORY  ANNUAL  STATEMENT,  AS
APPLICABLE  TO  THE  INSURER'S  NEW YORK STATE BUSINESS. WITH RESPECT TO
SALARIES (INCLUDING ALL OTHER FORMS OF COMPENSATION), EACH INSURER SHALL
ITEMIZE THE SALARY OF THE TWENTY MOST HIGHLY  COMPENSATED  EMPLOYEES  OF
SUCH  INSURER DURING SUCH YEAR, PROVIDED THAT THE NAME OF SUCH EMPLOYEES
NEED NOT BE DISCLOSED. SUCH FINANCIAL STATEMENT SHALL ALSO  PROVIDE  THE
PUBLIC  WITH  A  SYNOPSIS OF CLAIMS OR SETTLEMENTS PAID PURSUANT TO SUCH
POLICIES OR CONTRACTS, LISTING THE TOTAL OF SUCH CLAIMS AND  SETTLEMENTS
BY TYPE OF INSURANCE OR THE RISK INSURED. AT A MINIMUM, THE CLAIM INFOR-
MATION  REQUIRED  SHALL CONSIST OF THE ITEMS SET FORTH IN THE EXHIBIT OF
PREMIUMS AND LOSSES OF THE PROPERTY / CASUALTY STATUTORY  ANNUAL  STATE-
MENT, AS APPLICABLE TO THE INSURER'S NEW YORK STATE BUSINESS AND IDENTI-
FIED  AND  CATEGORIZED SEPARATELY FOR EACH ZIP CODE IN THIS STATE.  SUCH

A. 328--A                           3

FINANCIAL STATEMENT SHALL BE SIGNED AND ATTESTED AS FULL,  COMPLETE  AND
ACCURATE  BY  THE  CHIEF EXECUTIVE OFFICER OF THE INSURER, AND HE OR SHE
SHALL BE HELD PERSONALLY RESPONSIBLE WITH RESPECT TO THE ACCURACY OF THE
CONTENT  OF  SUCH  STATEMENT.  THE SUPERINTENDENT SHALL PROVIDE INSURERS
WITH A METHOD TO SUBMIT THEIR FINANCIAL  STATEMENTS  ELECTRONICALLY  VIA
THE  INTERNET,  WHICH  METHOD SHALL INCLUDE INSTRUCTIONS RELATING TO THE
USE OF AN ELECTRONIC SIGNATURE WHICH SHALL BE SUBJECT TO, AND  SUBMITTED
IN  ACCORDANCE  WITH  SECTION  THREE  HUNDRED  SIXTEEN  OF THIS ARTICLE;
PROVIDED, HOWEVER, THAT NO EXCEPTION AUTHORIZED IN SUCH SECTION  MAY  BE
REQUESTED OR GRANTED.
  (C) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
THE  SUPERINTENDENT  WITH DETAILED CLOSED CLAIM INFORMATION FOR THE SAME
LINES OF INSURANCE PROVIDED FOR IN SUBSECTION (B) OF  THIS  SECTION  FOR
THE  MOST  RECENTLY  CONCLUDED  CALENDAR  YEAR. UNTIL THE SUPERINTENDENT
PROMULGATES DATA COLLECTION FORMS AND PROCEDURES FOR  PRIVATE  PASSENGER
AUTOMOBILE  INSURANCE,  DATA SHALL BE COLLECTED USING, AT A MINIMUM, THE
MOST RECENT PUBLICLY AVAILABLE FORMS  USED  BY  THE  INSURANCE  RESEARCH
COUNCIL FOR ITS AUTO INJURY SURVEY. THE SUPERINTENDENT MAY REQUIRE ADDI-
TIONAL  INFORMATION  BEYOND THAT WHICH IS CONTAINED IN SUCH SURVEY IF HE
OR SHE DEEMS IT NECESSARY AND WARRANTED.  INSTEAD OF COLLECTING INFORMA-
TION FOR ALL PRIVATE PASSENGER AUTOMOBILE CLAIMS THE SUPERINTENDENT  MAY
COLLECT  DATA  FOR  A  STATISTICALLY VALID SAMPLE OF CLAIMS. THE MINIMUM
SAMPLE SIZE SHALL REPRESENT FIVE PER CENTUM OF THE NUMBER OF CLAIMS  FOR
EACH  YEAR.  UNTIL  THE SUPERINTENDENT PROMULGATES DATA COLLECTION FORMS
AND PROCEDURES  FOR  COMMERCIAL  AUTOMOBILE  INSURANCE,  DATA  SHALL  BE
COLLECTED  USING  INFORMATION  WHICH  MAY  BE  AVAILABLE  FROM ANY OTHER
SOURCE. FOR COMMERCIAL AUTOMOBILE CLAIMS, INSTEAD OF COLLECTING INFORMA-
TION FOR ALL CLAIMS THE SUPERINTENDENT MAY COLLECT DATA  FOR  A  STATIS-
TICALLY  VALID SAMPLE OF CLAIMS. THE MINIMUM SAMPLE SIZE SHALL REPRESENT
TEN PER CENTUM OF THE NUMBER OF CLAIMS FOR EACH YEAR FOR  SUCH  LINE  OF
INSURANCE.  SUCH  DETAILED  CLAIM  DATA  SHALL BE SIGNED AND ATTESTED AS
FULL, COMPLETE AND ACCURATE BY THE CHIEF EXECUTIVE OFFICER OF THE INSUR-
ER, AND HE OR SHE SHALL BE HELD PERSONALLY RESPONSIBLE WITH  RESPECT  TO
THE  ACCURACY OF THE DATA. THE DETAILED CLAIM DATA SHALL BE SUBMITTED IN
THE SAME MANNER AS PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION.
  (D) THE SUPERINTENDENT SHALL, IN BOTH WRITTEN FORM AND AS PART OF  THE
DEPARTMENT  WEB  SITE, MAKE SUCH FINANCIAL STATEMENTS AND DETAILED CLAIM
INFORMATION AVAILABLE TO THE  PUBLIC.  THE  DETAILED  CLAIM  INFORMATION
SHALL  BE  PROVIDED  IN AGGREGATE FORM FOR ALL INSURERS COMBINED WITHOUT
ANY IDENTIFICATION OF A SPECIFIC CLAIM TO A SPECIFIC  INSURER.  NONE  OF
THE  PUBLICLY  AVAILABLE  DETAILED  CLAIM INFORMATION SHALL IDENTIFY THE
INDIVIDUAL INSURER, DEFENDANT OR PLAINTIFF ASSOCIATED  WITH  THE  CLAIM.
SUCH FINANCIAL STATEMENTS AND DETAILED CLAIM INFORMATION SHALL BE DEEMED
A  PUBLIC DOCUMENT AND NO PERSON SHALL BE REQUIRED TO FILE A REQUEST FOR
SUCH FINANCIAL STATEMENTS PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS
LAW IN ORDER TO RECEIVE A COPY THEREOF, BUT UPON REQUEST AND PAYMENT  OF
THE FEE FOR COPYING SUCH DOCUMENT, IT SHALL BE PROVIDED. WITH RESPECT TO
THE  ELECTRONIC  COPY  OF  SUCH  FINANCIAL STATEMENTS AND DETAILED CLAIM
INFORMATION, WHICH SHALL BE ACCESSIBLE ON THE DEPARTMENT'S WEB SITE, THE
DEPARTMENT SHALL HIGHLIGHT THE AVAILABILITY OF SUCH INFORMATION  TO  THE
PUBLIC ON SUCH WEB SITE, AND THE LINK TO EACH INSURER'S FINANCIAL STATE-
MENT  AND  THE AGGREGATED DETAILED CLAIM INFORMATION SHALL BE ACCESSIBLE
IN A SIMPLE AND EASY MANNER. BOTH THE FINANCIAL STATEMENT AND AGGREGATED
DETAILED CLAIM INFORMATION ON THE DEPARTMENT WEB SITE SHALL BE AVAILABLE
IN SPREADSHEET FORMAT, IN ADDITION TO ANY OTHER FORMAT  THE  SUPERINTEN-
DENT DETERMINES IS APPROPRIATE.

A. 328--A                           4

  (E)  ON  OR  BEFORE  JULY FIRST OF EACH YEAR, THE SUPERINTENDENT SHALL
ISSUE REPORTS SUMMARIZING AND EXPLAINING THE INFORMATION COLLECTED  FROM
THE  FINANCIAL  STATEMENTS AND THE DETAILED CLAIM INFORMATION. COPIES OF
SUCH REPORTS SHALL BE  FORWARDED  TO  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  THE  SPEAKER  OF THE ASSEMBLY AND THE CHAIRS OF BOTH THE SENATE
AND ASSEMBLY INSURANCE COMMITTEES. SUCH REPORTS SHALL  BE  PUBLIC  DOCU-
MENTS AND SHALL BE ACCESSIBLE BOTH IN PAPER COPY AND ON THE DEPARTMENT'S
WEB SITE.
  (F)  WHERE  AN  INSURER FAILS OR REFUSES TO PROVIDE THE SUPERINTENDENT
WITH A FULL AND COMPLETE DISCLOSURE AS REQUIRED  BY  THIS  SECTION,  THE
SUPERINTENDENT SHALL TAKE SUCH ACTION HE OR SHE DEEMS NECESSARY TO BRING
THE INSURER INTO FULL COMPLIANCE.  SUCH ACTION MAY INCLUDE IMPOSITION OF
A  CIVIL  PENALTY  OF  UP TO FIFTY THOUSAND DOLLARS ASSESSED AGAINST THE
INSURER FOR EACH VIOLATION, TEMPORARY SUSPENSION OF ANY RIGHT  TO  ISSUE
ADDITIONAL  POLICIES  OR  CONTRACTS UNTIL THE INSURER BRINGS ITSELF INTO
FULL COMPLIANCE, AN AUDIT OF THE INSURER'S RECORDS BY THE DEPARTMENT  OR
ITS  DESIGNATED REPRESENTATIVE TO OBTAIN THE INFORMATION AND WHICH AUDIT
SHALL BE PAID FOR BY THE INSURER, OR ANY OTHER CIVIL REMEDY  THE  SUPER-
INTENDENT   DEEMS  WARRANTED  OR  NECESSARY  UNTIL  SUCH  INSURER  FULLY
COMPLIES. IN ADDITION THE OFFICER WHOSE SIGNATURE  IS  AFFIXED  TO  SUCH
STATEMENT MAY BE PERSONALLY PENALIZED TO THE SAME EXTENT.
  (G) THE SUPERINTENDENT MAY PROMULGATE SUCH RULES AND REGULATIONS HE OR
SHE  DEEMS  NECESSARY FOR THE PROPER ADMINISTRATION OF THE PROVISIONS OF
THIS SECTION, AND SUCH RULES AND REGULATIONS MAY BE  PROMULGATED  ON  AN
EMERGENCY  BASIS IF THE SUPERINTENDENT WARRANTS SUCH ACTION TO BE NECES-
SARY.
  S 4. Severability. If any item, clause, sentence, subparagraph, subdi-
vision or other part of this act, or  the  application  thereof  to  any
person  or circumstances shall be held to be invalid, such holding shall
not affect, impair or invalidate the remainder of this act but it  shall
be  confined  in  its  operation to the item, clause, sentence, subpara-
graph, subdivision or other part of this act directly involved  in  such
holding, or to the person and circumstances therein involved.
  S 5. This act shall take effect immediately.

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A328B - Bill Details

Law Section:
Insurance Law
Laws Affected:
Add §343, Ins L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S2987
2013-2014: A1132A, S1090A
2011-2012: A7603, S5009

A328B - Bill Texts

view summary

Requires all motor vehicle insurers to file annual detailed financial and claim data statements with the superintendent of financial services; provides all such statements shall be made available to the public.

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

                                 328--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. WEINSTEIN, ZEBROWSKI, DINOWITZ, PEOPLES-STOKES,
  COLTON, JAFFEE, CYMBROWITZ, ABINANTI, MARKEY, TITONE, PERRY,  BENEDET-
  TO, SCHIMEL, BRINDISI, STECK, THIELE, RODRIGUEZ, MILLER, ORTIZ, SKOUF-
  IS,  STIRPE,  MONTESANO  -- Multi-Sponsored by -- M. of A. BRAUNSTEIN,
  GALEF, MAGNARELLI -- read once and referred to the Committee on Insur-
  ance -- reported and referred to the Committee on  Codes  --  reported
  from  committee,  advanced  to  a  third  reading, amended and ordered
  reprinted, retaining its place on the order of third reading -- recom-
  mitted to the Committee on Codes in accordance with Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the insurance law, in relation to  requiring  all  motor
  vehicle  insurers  to  file  annual  financial statements and detailed
  claim data with the superintendent of financial services

  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 "automobile
insurance sunshine act of 2016".
  S  2.  Legislative  intent.  The legislature hereby finds and declares
that insurance companies issuing motor vehicle policies  in  this  state
owe  a  duty  to  the  consumers they insure and to those who may in the
future be insured by them, to fully disclose in a public and transparent
manner all elements relating to their financial condition and  solvency.
Automobile  use  and operation is a cornerstone of modern life; in fact,
auto insurance is the only coverage most New Yorkers are required by law
to purchase.  New York's consumers have a right to know the details  and
specifics of the factors and circumstances behind the financial solvency
of their insurer as well as the bases for the rates they are required to
pay to retain their legally mandated coverage. The determination of auto
insurance  premiums  in New York has, unfortunately, gone on too long in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00089-05-6

A. 328--B                           2

obscurity, with those who bear the premium rates unable to learn reasons
why they are set where they are. As a matter of public trust, automobile
liability insurers should make public the  pertinent  facts  related  to
their  premium determinations and financial solvency. It is the sense of
the legislature that this data should be disclosed in an open and public
manner.
  S 3. The insurance law is amended by adding a new section 343 to  read
as follows:
  S  343.  FINANCIAL  STATEMENT AND DETAILED CLAIM DATA TO BE FILED WITH
THE DEPARTMENT.  (A) FOR PURPOSES OF THIS SECTION,  THE  TERM  "INSURER"
SHALL MEAN ANY PERSON, CORPORATION, ASSOCIATION OR OTHER BUSINESS ENTITY
AUTHORIZED TO ISSUE A MOTOR VEHICLE INSURANCE POLICY IN THIS STATE.
  (B) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
THE SUPERINTENDENT WITH A DETAILED FINANCIAL STATEMENT TO SUPPLEMENT AND
EXPAND  UPON THE INFORMATION CONTAINED IN THE STATUTORY ANNUAL STATEMENT
FOR THE MOST RECENTLY CONCLUDED CALENDAR YEAR. THE  FINANCIAL  STATEMENT
SHALL CONTAIN INFORMATION ON A COMBINED BASIS FOR ALL LINES OF INSURANCE
AS  WELL  AS  INFORMATION  SEPARATELY FOR EACH OF THE FOLLOWING LINES OF
INSURANCE: (1) PRIVATE PASSENGER AUTOMOBILE OTHER LIABILITY, (2) PRIVATE
PASSENGER AUTOMOBILE PERSONAL INJURY PROTECTION, (3)  PRIVATE  PASSENGER
AUTOMOBILE  PHYSICAL  DAMAGE, (4) COMMERCIAL AUTOMOBILE OTHER LIABILITY,
(5) COMMERCIAL AUTOMOBILE PERSONAL INJURY PROTECTION, AND (6) COMMERCIAL
AUTOMOBILE PHYSICAL DAMAGE.  SUCH FINANCIAL STATEMENT SHALL INCLUDE  THE
ENTIRETY  OF  ITS  BUSINESS  ACTIVITIES  CONDUCTED  IN  THIS  STATE,  OR
CONDUCTED OUTSIDE THIS STATE, BUT HAVING A NEXUS TO  INSURANCE  POLICIES
OR  CONTRACTS  OF  INSURANCE  INSURING  PERSONS  OR RISKS IN THIS STATE,
CONSISTENT WITH THE PROCEDURES FOR DETERMINING NEW YORK STATE  INSURANCE
BUSINESS  FOR STATUTORY ANNUAL STATEMENT REPORTING PURPOSES. SUCH STATE-
MENT SHALL BE IN A FORM DETERMINED BY THE SUPERINTENDENT. THE FORM SHALL
BE SUFFICIENTLY ITEMIZED IN A MANNER  THAT  ALLOWS  FOR  AN  ACTUARIALLY
SOUND  ANALYSIS  OF  THE INCOME REALIZED BY THE INSURER FROM ALL SOURCES
DURING SUCH YEAR, INCLUDING BUT  NOT  LIMITED  TO  PREMIUMS,  INVESTMENT
INCOME,  PROFIT FROM SALE OF ASSETS AND ANY OTHER CATEGORY OR CATEGORIES
OF INCOME AS DETERMINED  BY  THE  SUPERINTENDENT  TO  REFLECT  THE  FULL
DISCLOSURE  REQUIREMENTS OF THIS SECTION. AT A MINIMUM, SUCH INFORMATION
SHALL CONSIST OF THE ITEMS SET FORTH IN THE STATEMENT OF INCOME, EXCLUD-
ING THE CAPITAL AND SURPLUS ACCOUNT  SECTION  OF  THE  PROPERTY/CASUALTY
STATUTORY  ANNUAL  STATEMENT,  AS  APPLICABLE  TO THE INSURER'S NEW YORK
STATE BUSINESS, AS WELL AS THE  OTHER  INFORMATION  DELINEATED  IN  THIS
SUBSECTION.  SUCH FINANCIAL STATEMENT SHALL ALSO CONTAIN A COMPREHENSIVE
AND DETAILED DISCLOSURE OF THE INSURER'S EXPENSES ACTUALLY INCURRED  AND
PAID  DURING  SUCH  CALENDAR  YEAR, TO INCLUDE NORMAL BUSINESS EXPENSES,
SALARIES, COMMISSIONS,  CONSULTING  FEES,  LEGAL  EXPENSES,  ADVERTISING
COSTS  AND  ANY  OTHER  CATEGORY  DEEMED PERTINENT TO THE INTENT OF THIS
SECTION. AT A MINIMUM, THE EXPENSE INFORMATION REQUIRED SHALL CONSIST OF
THE ITEMS SET FORTH IN THE UNDERWRITING AND INVESTMENT EXHIBIT - PART  3
-  EXPENSES  OF  THE  PROPERTY / CASUALTY STATUTORY ANNUAL STATEMENT, AS
APPLICABLE TO THE INSURER'S NEW YORK STATE  BUSINESS.  WITH  RESPECT  TO
SALARIES (INCLUDING ALL OTHER FORMS OF COMPENSATION), EACH INSURER SHALL
ITEMIZE  THE  SALARY  OF THE TWENTY MOST HIGHLY COMPENSATED EMPLOYEES OF
SUCH INSURER DURING SUCH YEAR, PROVIDED THAT THE NAME OF SUCH  EMPLOYEES
NEED  NOT  BE DISCLOSED. SUCH FINANCIAL STATEMENT SHALL ALSO PROVIDE THE
PUBLIC WITH A SYNOPSIS OF CLAIMS OR SETTLEMENTS PAID  PURSUANT  TO  SUCH
POLICIES  OR CONTRACTS, LISTING THE TOTAL OF SUCH CLAIMS AND SETTLEMENTS
BY TYPE OF INSURANCE OR THE RISK INSURED. AT A MINIMUM, THE CLAIM INFOR-
MATION REQUIRED SHALL CONSIST OF THE ITEMS SET FORTH IN THE  EXHIBIT  OF

A. 328--B                           3

PREMIUMS  AND  LOSSES OF THE PROPERTY / CASUALTY STATUTORY ANNUAL STATE-
MENT, AS APPLICABLE TO THE INSURER'S NEW YORK STATE BUSINESS AND IDENTI-
FIED AND CATEGORIZED SEPARATELY FOR EACH ZIP CODE IN THIS STATE.    SUCH
FINANCIAL  STATEMENT  SHALL BE SIGNED AND ATTESTED AS FULL, COMPLETE AND
ACCURATE BY THE CHIEF EXECUTIVE OFFICER OF THE INSURER, AND  HE  OR  SHE
SHALL BE HELD PERSONALLY RESPONSIBLE WITH RESPECT TO THE ACCURACY OF THE
CONTENT  OF  SUCH  STATEMENT.  THE SUPERINTENDENT SHALL PROVIDE INSURERS
WITH A METHOD TO SUBMIT THEIR FINANCIAL  STATEMENTS  ELECTRONICALLY  VIA
THE  INTERNET,  WHICH  METHOD SHALL INCLUDE INSTRUCTIONS RELATING TO THE
USE OF AN ELECTRONIC SIGNATURE WHICH SHALL BE SUBJECT TO, AND  SUBMITTED
IN  ACCORDANCE  WITH  SECTION  THREE  HUNDRED  SIXTEEN  OF THIS ARTICLE;
PROVIDED, HOWEVER, THAT NO EXCEPTION AUTHORIZED IN SUCH SECTION  MAY  BE
REQUESTED OR GRANTED.
  (C) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
THE  SUPERINTENDENT  WITH DETAILED CLOSED CLAIM INFORMATION FOR THE SAME
LINES OF INSURANCE PROVIDED FOR IN SUBSECTION (B) OF  THIS  SECTION  FOR
THE  MOST  RECENTLY  CONCLUDED  CALENDAR  YEAR. UNTIL THE SUPERINTENDENT
PROMULGATES DATA COLLECTION FORMS AND PROCEDURES FOR  PRIVATE  PASSENGER
AUTOMOBILE  INSURANCE,  DATA SHALL BE COLLECTED USING, AT A MINIMUM, THE
MOST RECENT PUBLICLY AVAILABLE FORMS  USED  BY  THE  INSURANCE  RESEARCH
COUNCIL FOR ITS AUTO INJURY SURVEY. THE SUPERINTENDENT MAY REQUIRE ADDI-
TIONAL  INFORMATION  BEYOND THAT WHICH IS CONTAINED IN SUCH SURVEY IF HE
OR SHE DEEMS IT NECESSARY AND WARRANTED.  INSTEAD OF COLLECTING INFORMA-
TION FOR ALL PRIVATE PASSENGER AUTOMOBILE CLAIMS THE SUPERINTENDENT  MAY
COLLECT  DATA  FOR  A  STATISTICALLY VALID SAMPLE OF CLAIMS. THE MINIMUM
SAMPLE SIZE SHALL REPRESENT FIVE PER CENTUM OF THE NUMBER OF CLAIMS  FOR
EACH  YEAR.  UNTIL  THE SUPERINTENDENT PROMULGATES DATA COLLECTION FORMS
AND PROCEDURES  FOR  COMMERCIAL  AUTOMOBILE  INSURANCE,  DATA  SHALL  BE
COLLECTED  USING  INFORMATION  WHICH  MAY  BE  AVAILABLE  FROM ANY OTHER
SOURCE. FOR COMMERCIAL AUTOMOBILE CLAIMS, INSTEAD OF COLLECTING INFORMA-
TION FOR ALL CLAIMS THE SUPERINTENDENT MAY COLLECT DATA  FOR  A  STATIS-
TICALLY  VALID SAMPLE OF CLAIMS. THE MINIMUM SAMPLE SIZE SHALL REPRESENT
TEN PER CENTUM OF THE NUMBER OF CLAIMS FOR EACH YEAR FOR  SUCH  LINE  OF
INSURANCE.  SUCH  DETAILED  CLAIM  DATA  SHALL BE SIGNED AND ATTESTED AS
FULL, COMPLETE AND ACCURATE BY THE CHIEF EXECUTIVE OFFICER OF THE INSUR-
ER, AND HE OR SHE SHALL BE HELD PERSONALLY RESPONSIBLE WITH  RESPECT  TO
THE  ACCURACY OF THE DATA. THE DETAILED CLAIM DATA SHALL BE SUBMITTED IN
THE SAME MANNER AS PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION.
  (D) THE SUPERINTENDENT SHALL, IN BOTH WRITTEN FORM AND AS PART OF  THE
DEPARTMENT  WEB  SITE, MAKE SUCH FINANCIAL STATEMENTS AND DETAILED CLAIM
INFORMATION AVAILABLE TO THE  PUBLIC.  THE  DETAILED  CLAIM  INFORMATION
SHALL  BE  PROVIDED  IN AGGREGATE FORM FOR ALL INSURERS COMBINED WITHOUT
ANY IDENTIFICATION OF A SPECIFIC CLAIM TO A SPECIFIC  INSURER.  NONE  OF
THE  PUBLICLY  AVAILABLE  DETAILED  CLAIM INFORMATION SHALL IDENTIFY THE
INDIVIDUAL INSURER, DEFENDANT OR PLAINTIFF ASSOCIATED  WITH  THE  CLAIM.
SUCH FINANCIAL STATEMENTS AND DETAILED CLAIM INFORMATION SHALL BE DEEMED
A  PUBLIC DOCUMENT AND NO PERSON SHALL BE REQUIRED TO FILE A REQUEST FOR
SUCH FINANCIAL STATEMENTS PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS
LAW IN ORDER TO RECEIVE A COPY THEREOF, BUT UPON REQUEST AND PAYMENT  OF
THE FEE FOR COPYING SUCH DOCUMENT, IT SHALL BE PROVIDED. WITH RESPECT TO
THE  ELECTRONIC  COPY  OF  SUCH  FINANCIAL STATEMENTS AND DETAILED CLAIM
INFORMATION, WHICH SHALL BE ACCESSIBLE ON THE DEPARTMENT'S WEB SITE, THE
DEPARTMENT SHALL HIGHLIGHT THE AVAILABILITY OF SUCH INFORMATION  TO  THE
PUBLIC ON SUCH WEB SITE, AND THE LINK TO EACH INSURER'S FINANCIAL STATE-
MENT  AND  THE AGGREGATED DETAILED CLAIM INFORMATION SHALL BE ACCESSIBLE
IN A SIMPLE AND EASY MANNER. BOTH THE FINANCIAL STATEMENT AND AGGREGATED

A. 328--B                           4

DETAILED CLAIM INFORMATION ON THE DEPARTMENT WEB SITE SHALL BE AVAILABLE
IN SPREADSHEET FORMAT, IN ADDITION TO ANY OTHER FORMAT  THE  SUPERINTEN-
DENT DETERMINES IS APPROPRIATE.
  (E)  ON  OR  BEFORE  JULY FIRST OF EACH YEAR, THE SUPERINTENDENT SHALL
ISSUE REPORTS SUMMARIZING AND EXPLAINING THE INFORMATION COLLECTED  FROM
THE  FINANCIAL  STATEMENTS AND THE DETAILED CLAIM INFORMATION. COPIES OF
SUCH REPORTS SHALL BE  FORWARDED  TO  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  THE  SPEAKER  OF THE ASSEMBLY AND THE CHAIRS OF BOTH THE SENATE
AND ASSEMBLY INSURANCE COMMITTEES. SUCH REPORTS SHALL  BE  PUBLIC  DOCU-
MENTS AND SHALL BE ACCESSIBLE BOTH IN PAPER COPY AND ON THE DEPARTMENT'S
WEB SITE.
  (F)  WHERE  AN  INSURER FAILS OR REFUSES TO PROVIDE THE SUPERINTENDENT
WITH A FULL AND COMPLETE DISCLOSURE AS REQUIRED  BY  THIS  SECTION,  THE
SUPERINTENDENT SHALL TAKE SUCH ACTION HE OR SHE DEEMS NECESSARY TO BRING
THE INSURER INTO FULL COMPLIANCE.  SUCH ACTION MAY INCLUDE IMPOSITION OF
A  CIVIL  PENALTY  OF  UP TO FIFTY THOUSAND DOLLARS ASSESSED AGAINST THE
INSURER FOR EACH VIOLATION, TEMPORARY SUSPENSION OF ANY RIGHT  TO  ISSUE
ADDITIONAL  POLICIES  OR  CONTRACTS UNTIL THE INSURER BRINGS ITSELF INTO
FULL COMPLIANCE, AN AUDIT OF THE INSURER'S RECORDS BY THE DEPARTMENT  OR
ITS  DESIGNATED REPRESENTATIVE TO OBTAIN THE INFORMATION AND WHICH AUDIT
SHALL BE PAID FOR BY THE INSURER, OR ANY OTHER CIVIL REMEDY  THE  SUPER-
INTENDENT   DEEMS  WARRANTED  OR  NECESSARY  UNTIL  SUCH  INSURER  FULLY
COMPLIES. IN ADDITION THE OFFICER WHOSE SIGNATURE  IS  AFFIXED  TO  SUCH
STATEMENT MAY BE PERSONALLY PENALIZED TO THE SAME EXTENT.
  (G) THE SUPERINTENDENT MAY PROMULGATE SUCH RULES AND REGULATIONS HE OR
SHE  DEEMS  NECESSARY FOR THE PROPER ADMINISTRATION OF THE PROVISIONS OF
THIS SECTION, AND SUCH RULES AND REGULATIONS MAY BE  PROMULGATED  ON  AN
EMERGENCY  BASIS IF THE SUPERINTENDENT WARRANTS SUCH ACTION TO BE NECES-
SARY.
  S 4. Severability. If any item, clause, sentence, subparagraph, subdi-
vision or other part of this act, or  the  application  thereof  to  any
person  or circumstances shall be held to be invalid, such holding shall
not affect, impair or invalidate the remainder of this act but it  shall
be  confined  in  its  operation to the item, clause, sentence, subpara-
graph, subdivision or other part of this act directly involved  in  such
holding, or to the person and circumstances therein involved.
  S 5. This act shall take effect immediately.

assembly Bill A328

2015-2016 Legislative Session

Requires all motor vehicle insurers to file annual detailed financial and claim data statements with the superintendent of financial services

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


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

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 19, 2016 advanced to third reading cal.632
May 17, 2016 reported
May 10, 2016 reported referred to codes
Apr 20, 2016 print number 328b
amend and recommit to insurance
Jan 06, 2016 referred to insurance
May 11, 2015 amended on third reading 328a
May 07, 2015 advanced to third reading cal.280
May 04, 2015 reported
Apr 29, 2015 reported referred to codes
Jan 07, 2015 referred to insurance

Bill Amendments

A328
A328A
A328B
A328
A328A
A328B

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A328 - Bill Details

Law Section:
Insurance Law
Laws Affected:
Add §342, Ins L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S2987
2013-2014: A1132A, S1090A
2011-2012: A7603, S5009

A328 - Bill Texts

view summary

Requires all motor vehicle insurers to file annual detailed financial and claim data statements with the superintendent of financial services; provides all such statements shall be made available to the public.

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

                                   328

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. WEINSTEIN, ZEBROWSKI, DINOWITZ, PEOPLES-STOKES,
  COLTON, JAFFEE, CYMBROWITZ, ABINANTI, MARKEY, TITONE, PERRY,  BENEDET-
  TO,  SCHIMEL, BRINDISI, STECK, THIELE, SCARBOROUGH, RODRIGUEZ, MILLER,
  ORTIZ, SKOUFIS, STIRPE, MONTESANO -- Multi-Sponsored by --  M.  of  A.
  BRAUNSTEIN,  MAGNARELLI  -- read once and referred to the Committee on
  Insurance

AN ACT to amend the insurance law, in relation to  requiring  all  motor
  vehicle  insurers  to  file  annual  financial statements and detailed
  claim data with the superintendent of financial services

  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 "automobile
insurance sunshine act of 2015".
  S  2.  Legislative  intent.  The legislature hereby finds and declares
that insurance companies issuing motor vehicle policies  in  this  state
owe  a  duty  to  the  consumers they insure and to those who may in the
future be insured by them, to fully disclose in a public and transparent
manner all elements relating to their financial condition and  solvency.
Automobile  use  and operation is a cornerstone of modern life; in fact,
auto insurance is the only coverage most New Yorkers are required by law
to purchase.  New York's consumers have a right to know the details  and
specifics of the factors and circumstances behind the financial solvency
of their insurer as well as the bases for the rates they are required to
pay to retain their legally mandated coverage. The determination of auto
insurance  premiums  in New York has, unfortunately, gone on too long in
obscurity, with those who bear the premium rates unable to learn reasons
why they are set where they are. As a matter of public trust, automobile
liability insurers should make public the  pertinent  facts  related  to
their  premium determinations and financial solvency. It is the sense of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00089-01-5

A. 328                              2

the legislature that this data should be disclosed in an open and public
manner.
  S  3. The insurance law is amended by adding a new section 342 to read
as follows:
  S 342. FINANCIAL STATEMENT AND DETAILED CLAIM DATA TO  BE  FILED  WITH
THE  DEPARTMENT.    (A) FOR PURPOSES OF THIS SECTION, THE TERM "INSURER"
SHALL MEAN ANY PERSON, CORPORATION, ASSOCIATION OR OTHER BUSINESS ENTITY
AUTHORIZED TO ISSUE A MOTOR VEHICLE INSURANCE POLICY IN THIS STATE.
  (B) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
THE SUPERINTENDENT WITH A DETAILED FINANCIAL STATEMENT TO SUPPLEMENT AND
EXPAND UPON THE INFORMATION CONTAINED IN THE STATUTORY ANNUAL  STATEMENT
FOR  THE  MOST RECENTLY CONCLUDED CALENDAR YEAR. THE FINANCIAL STATEMENT
SHALL CONTAIN INFORMATION ON A COMBINED BASIS FOR ALL LINES OF INSURANCE
AS WELL AS INFORMATION SEPARATELY FOR EACH OF  THE  FOLLOWING  LINES  OF
INSURANCE: (1) PRIVATE PASSENGER AUTOMOBILE OTHER LIABILITY, (2) PRIVATE
PASSENGER  AUTOMOBILE  PERSONAL INJURY PROTECTION, (3) PRIVATE PASSENGER
AUTOMOBILE PHYSICAL DAMAGE, (4) COMMERCIAL AUTOMOBILE  OTHER  LIABILITY,
(5) COMMERCIAL AUTOMOBILE PERSONAL INJURY PROTECTION, AND (6) COMMERCIAL
AUTOMOBILE  PHYSICAL DAMAGE.  SUCH FINANCIAL STATEMENT SHALL INCLUDE THE
ENTIRETY  OF  ITS  BUSINESS  ACTIVITIES  CONDUCTED  IN  THIS  STATE,  OR
CONDUCTED  OUTSIDE  THIS STATE, BUT HAVING A NEXUS TO INSURANCE POLICIES
OR CONTRACTS OF INSURANCE INSURING  PERSONS  OR  RISKS  IN  THIS  STATE,
CONSISTENT  WITH THE PROCEDURES FOR DETERMINING NEW YORK STATE INSURANCE
BUSINESS FOR STATUTORY ANNUAL STATEMENT REPORTING PURPOSES. SUCH  STATE-
MENT SHALL BE IN A FORM DETERMINED BY THE SUPERINTENDENT. THE FORM SHALL
BE  SUFFICIENTLY  ITEMIZED  IN  A  MANNER THAT ALLOWS FOR AN ACTUARIALLY
SOUND ANALYSIS OF THE INCOME REALIZED BY THE INSURER  FROM  ALL  SOURCES
DURING  SUCH  YEAR,  INCLUDING  BUT  NOT LIMITED TO PREMIUMS, INVESTMENT
INCOME, PROFIT FROM SALE OF ASSETS AND ANY OTHER CATEGORY OR  CATEGORIES
OF  INCOME  AS  DETERMINED  BY  THE  SUPERINTENDENT  TO REFLECT THE FULL
DISCLOSURE REQUIREMENTS OF THIS SECTION. AT A MINIMUM, SUCH  INFORMATION
SHALL CONSIST OF THE ITEMS SET FORTH IN THE STATEMENT OF INCOME, EXCLUD-
ING  THE  CAPITAL  AND  SURPLUS ACCOUNT SECTION OF THE PROPERTY/CASUALTY
STATUTORY ANNUAL STATEMENT, AS APPLICABLE  TO  THE  INSURER'S  NEW  YORK
STATE  BUSINESS,  AS  WELL  AS  THE OTHER INFORMATION DELINEATED IN THIS
SUBSECTION. SUCH FINANCIAL STATEMENT SHALL ALSO CONTAIN A  COMPREHENSIVE
AND  DETAILED DISCLOSURE OF THE INSURER'S EXPENSES ACTUALLY INCURRED AND
PAID DURING SUCH CALENDAR YEAR, TO  INCLUDE  NORMAL  BUSINESS  EXPENSES,
SALARIES,  COMMISSIONS,  CONSULTING  FEES,  LEGAL  EXPENSES, ADVERTISING
COSTS AND ANY OTHER CATEGORY DEEMED PERTINENT  TO  THE  INTENT  OF  THIS
SECTION. AT A MINIMUM, THE EXPENSE INFORMATION REQUIRED SHALL CONSIST OF
THE  ITEMS SET FORTH IN THE UNDERWRITING AND INVESTMENT EXHIBIT - PART 3
- EXPENSES OF THE PROPERTY / CASUALTY  STATUTORY  ANNUAL  STATEMENT,  AS
APPLICABLE  TO  THE  INSURER'S  NEW YORK STATE BUSINESS. WITH RESPECT TO
SALARIES (INCLUDING ALL OTHER FORMS OF COMPENSATION), EACH INSURER SHALL
ITEMIZE THE SALARY OF THE TWENTY MOST HIGHLY  COMPENSATED  EMPLOYEES  OF
SUCH  INSURER DURING SUCH YEAR, PROVIDED THAT THE NAME OF SUCH EMPLOYEES
NEED NOT BE DISCLOSED. SUCH FINANCIAL STATEMENT SHALL ALSO  PROVIDE  THE
PUBLIC  WITH  A  SYNOPSIS OF CLAIMS OR SETTLEMENTS PAID PURSUANT TO SUCH
POLICIES OR CONTRACTS, LISTING THE TOTAL OF SUCH CLAIMS AND  SETTLEMENTS
BY TYPE OF INSURANCE OR THE RISK INSURED. AT A MINIMUM, THE CLAIM INFOR-
MATION  REQUIRED  SHALL CONSIST OF THE ITEMS SET FORTH IN THE EXHIBIT OF
PREMIUMS AND LOSSES OF THE PROPERTY / CASUALTY STATUTORY  ANNUAL  STATE-
MENT, AS APPLICABLE TO THE INSURER'S NEW YORK STATE BUSINESS AND IDENTI-
FIED  AND  CATEGORIZED SEPARATELY FOR EACH ZIP CODE IN THIS STATE.  SUCH
FINANCIAL STATEMENT SHALL BE SIGNED AND ATTESTED AS FULL,  COMPLETE  AND

A. 328                              3

ACCURATE  BY  THE  CHIEF EXECUTIVE OFFICER OF THE INSURER, AND HE OR SHE
SHALL BE HELD PERSONALLY RESPONSIBLE WITH RESPECT TO THE ACCURACY OF THE
CONTENT OF SUCH STATEMENT. THE  SUPERINTENDENT  SHALL  PROVIDE  INSURERS
WITH  A  METHOD  TO SUBMIT THEIR FINANCIAL STATEMENTS ELECTRONICALLY VIA
THE INTERNET, WHICH METHOD SHALL INCLUDE INSTRUCTIONS  RELATING  TO  THE
USE  OF AN ELECTRONIC SIGNATURE WHICH SHALL BE SUBJECT TO, AND SUBMITTED
IN ACCORDANCE WITH  SECTION  THREE  HUNDRED  SIXTEEN  OF  THIS  ARTICLE;
PROVIDED,  HOWEVER,  THAT NO EXCEPTION AUTHORIZED IN SUCH SECTION MAY BE
REQUESTED OR GRANTED.
  (C) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
THE SUPERINTENDENT WITH DETAILED CLOSED CLAIM INFORMATION FOR  THE  SAME
LINES  OF  INSURANCE  PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION FOR
THE MOST RECENTLY CONCLUDED  CALENDAR  YEAR.  UNTIL  THE  SUPERINTENDENT
PROMULGATES  DATA  COLLECTION FORMS AND PROCEDURES FOR PRIVATE PASSENGER
AUTOMOBILE INSURANCE, DATA SHALL BE COLLECTED USING, AT A  MINIMUM,  THE
MOST  RECENT  PUBLICLY  AVAILABLE  FORMS  USED BY THE INSURANCE RESEARCH
COUNCIL FOR ITS AUTO INJURY SURVEY. THE SUPERINTENDENT MAY REQUIRE ADDI-
TIONAL INFORMATION BEYOND THAT WHICH IS CONTAINED IN SUCH SURVEY  IF  HE
OR SHE DEEMS IT NECESSARY AND WARRANTED.  INSTEAD OF COLLECTING INFORMA-
TION  FOR ALL PRIVATE PASSENGER AUTOMOBILE CLAIMS THE SUPERINTENDENT MAY
COLLECT DATA FOR A STATISTICALLY VALID SAMPLE  OF  CLAIMS.  THE  MINIMUM
SAMPLE  SIZE SHALL REPRESENT FIVE PER CENTUM OF THE NUMBER OF CLAIMS FOR
EACH YEAR. UNTIL THE SUPERINTENDENT PROMULGATES  DATA  COLLECTION  FORMS
AND  PROCEDURES  FOR  COMMERCIAL  AUTOMOBILE  INSURANCE,  DATA  SHALL BE
COLLECTED USING INFORMATION  WHICH  MAY  BE  AVAILABLE  FROM  ANY  OTHER
SOURCE. FOR COMMERCIAL AUTOMOBILE CLAIMS, INSTEAD OF COLLECTING INFORMA-
TION  FOR  ALL  CLAIMS THE SUPERINTENDENT MAY COLLECT DATA FOR A STATIS-
TICALLY VALID SAMPLE OF CLAIMS. THE MINIMUM SAMPLE SIZE SHALL  REPRESENT
TEN  PER  CENTUM  OF THE NUMBER OF CLAIMS FOR EACH YEAR FOR SUCH LINE OF
INSURANCE. SUCH DETAILED CLAIM DATA SHALL  BE  SIGNED  AND  ATTESTED  AS
FULL, COMPLETE AND ACCURATE BY THE CHIEF EXECUTIVE OFFICER OF THE INSUR-
ER,  AND  HE OR SHE SHALL BE HELD PERSONALLY RESPONSIBLE WITH RESPECT TO
THE ACCURACY OF THE DATA. THE DETAILED CLAIM DATA SHALL BE SUBMITTED  IN
THE SAME MANNER AS PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION.
  (D)  THE SUPERINTENDENT SHALL, IN BOTH WRITTEN FORM AND AS PART OF THE
DEPARTMENT WEB SITE, MAKE SUCH FINANCIAL STATEMENTS AND  DETAILED  CLAIM
INFORMATION  AVAILABLE  TO  THE  PUBLIC.  THE DETAILED CLAIM INFORMATION
SHALL BE PROVIDED IN AGGREGATE FORM FOR ALL  INSURERS  COMBINED  WITHOUT
ANY  IDENTIFICATION  OF  A SPECIFIC CLAIM TO A SPECIFIC INSURER. NONE OF
THE PUBLICLY AVAILABLE DETAILED CLAIM  INFORMATION  SHALL  IDENTIFY  THE
INDIVIDUAL  INSURER,  DEFENDANT  OR PLAINTIFF ASSOCIATED WITH THE CLAIM.
SUCH FINANCIAL STATEMENTS AND DETAILED CLAIM INFORMATION SHALL BE DEEMED
A PUBLIC DOCUMENT AND NO PERSON SHALL BE REQUIRED TO FILE A REQUEST  FOR
SUCH FINANCIAL STATEMENTS PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS
LAW  IN ORDER TO RECEIVE A COPY THEREOF, BUT UPON REQUEST AND PAYMENT OF
THE FEE FOR COPYING SUCH DOCUMENT, IT SHALL BE PROVIDED. WITH RESPECT TO
THE ELECTRONIC COPY OF SUCH  FINANCIAL  STATEMENTS  AND  DETAILED  CLAIM
INFORMATION, WHICH SHALL BE ACCESSIBLE ON THE DEPARTMENT'S WEB SITE, THE
DEPARTMENT  SHALL  HIGHLIGHT THE AVAILABILITY OF SUCH INFORMATION TO THE
PUBLIC ON SUCH WEB SITE, AND THE LINK TO EACH INSURER'S FINANCIAL STATE-
MENT AND THE AGGREGATED DETAILED CLAIM INFORMATION SHALL  BE  ACCESSIBLE
IN A SIMPLE AND EASY MANNER. BOTH THE FINANCIAL STATEMENT AND AGGREGATED
DETAILED CLAIM INFORMATION ON THE DEPARTMENT WEB SITE SHALL BE AVAILABLE
IN  SPREADSHEET  FORMAT, IN ADDITION TO ANY OTHER FORMAT THE SUPERINTEN-
DENT DETERMINES IS APPROPRIATE.

A. 328                              4

  (E) ON OR BEFORE JULY FIRST OF EACH  YEAR,  THE  SUPERINTENDENT  SHALL
ISSUE  REPORTS SUMMARIZING AND EXPLAINING THE INFORMATION COLLECTED FROM
THE FINANCIAL STATEMENTS AND THE DETAILED CLAIM INFORMATION.  COPIES  OF
SUCH  REPORTS  SHALL  BE  FORWARDED  TO  THE  TEMPORARY PRESIDENT OF THE
SENATE,  THE  SPEAKER  OF THE ASSEMBLY AND THE CHAIRS OF BOTH THE SENATE
AND ASSEMBLY INSURANCE COMMITTEES. SUCH REPORTS SHALL  BE  PUBLIC  DOCU-
MENTS AND SHALL BE ACCESSIBLE BOTH IN PAPER COPY AND ON THE DEPARTMENT'S
WEB SITE.
  (F)  WHERE  AN  INSURER FAILS OR REFUSES TO PROVIDE THE SUPERINTENDENT
WITH A FULL AND COMPLETE DISCLOSURE AS REQUIRED  BY  THIS  SECTION,  THE
SUPERINTENDENT SHALL TAKE SUCH ACTION HE OR SHE DEEMS NECESSARY TO BRING
THE INSURER INTO FULL COMPLIANCE.  SUCH ACTION MAY INCLUDE IMPOSITION OF
A  CIVIL  PENALTY  OF  UP TO FIFTY THOUSAND DOLLARS ASSESSED AGAINST THE
INSURER FOR EACH VIOLATION, TEMPORARY SUSPENSION OF ANY RIGHT  TO  ISSUE
ADDITIONAL  POLICIES  OR  CONTRACTS UNTIL THE INSURER BRINGS ITSELF INTO
FULL COMPLIANCE, AN AUDIT OF THE INSURER'S RECORDS BY THE DEPARTMENT  OR
ITS  DESIGNATED REPRESENTATIVE TO OBTAIN THE INFORMATION AND WHICH AUDIT
SHALL BE PAID FOR BY THE INSURER, OR ANY OTHER CIVIL REMEDY  THE  SUPER-
INTENDENT   DEEMS  WARRANTED  OR  NECESSARY  UNTIL  SUCH  INSURER  FULLY
COMPLIES. IN ADDITION THE OFFICER WHOSE SIGNATURE  IS  AFFIXED  TO  SUCH
STATEMENT MAY BE PERSONALLY PENALIZED TO THE SAME EXTENT.
  (G) THE SUPERINTENDENT MAY PROMULGATE SUCH RULES AND REGULATIONS HE OR
SHE  DEEMS  NECESSARY FOR THE PROPER ADMINISTRATION OF THE PROVISIONS OF
THIS SECTION, AND SUCH RULES AND REGULATIONS MAY BE  PROMULGATED  ON  AN
EMERGENCY  BASIS IF THE SUPERINTENDENT WARRANTS SUCH ACTION TO BE NECES-
SARY.
  S 4. Severability. If any item, clause, sentence, subparagraph, subdi-
vision or other part of this act, or  the  application  thereof  to  any
person  or circumstances shall be held to be invalid, such holding shall
not affect, impair or invalidate the remainder of this act but it  shall
be  confined  in  its  operation to the item, clause, sentence, subpara-
graph, subdivision or other part of this act directly involved  in  such
holding, or to the person and circumstances therein involved.
  S 5. This act shall take effect immediately.

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A328A - Bill Details

Law Section:
Insurance Law
Laws Affected:
Add §342, Ins L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S2987
2013-2014: A1132A, S1090A
2011-2012: A7603, S5009

A328A - Bill Texts

view summary

Requires all motor vehicle insurers to file annual detailed financial and claim data statements with the superintendent of financial services; provides all such statements shall be made available to the public.

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

                                 328--A
                                                        Cal. No. 280

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. WEINSTEIN, ZEBROWSKI, DINOWITZ, PEOPLES-STOKES,
  COLTON, JAFFEE, CYMBROWITZ, ABINANTI, MARKEY, TITONE, PERRY,  BENEDET-
  TO, SCHIMEL, BRINDISI, STECK, THIELE, RODRIGUEZ, MILLER, ORTIZ, SKOUF-
  IS,  STIRPE,  MONTESANO  -- Multi-Sponsored by -- M. of A. BRAUNSTEIN,
  MAGNARELLI -- read once and referred to the Committee on Insurance  --
  reported  and  referred  to  the  Committee  on Codes -- reported from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining its place on the order of third reading

AN ACT to amend the insurance law, in relation to  requiring  all  motor
  vehicle  insurers  to  file  annual  financial statements and detailed
  claim data with the superintendent of financial services

  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 "automobile
insurance sunshine act of 2015".
  S  2.  Legislative  intent.  The legislature hereby finds and declares
that insurance companies issuing motor vehicle policies  in  this  state
owe  a  duty  to  the  consumers they insure and to those who may in the
future be insured by them, to fully disclose in a public and transparent
manner all elements relating to their financial condition and  solvency.
Automobile  use  and operation is a cornerstone of modern life; in fact,
auto insurance is the only coverage most New Yorkers are required by law
to purchase.  New York's consumers have a right to know the details  and
specifics of the factors and circumstances behind the financial solvency
of their insurer as well as the bases for the rates they are required to
pay to retain their legally mandated coverage. The determination of auto
insurance  premiums  in New York has, unfortunately, gone on too long in
obscurity, with those who bear the premium rates unable to learn reasons
why they are set where they are. As a matter of public trust, automobile
liability insurers should make public the  pertinent  facts  related  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00089-03-5

A. 328--A                           2

their  premium determinations and financial solvency. It is the sense of
the legislature that this data should be disclosed in an open and public
manner.
  S  3. The insurance law is amended by adding a new section 343 to read
as follows:
  S 343. FINANCIAL STATEMENT AND DETAILED CLAIM DATA TO  BE  FILED  WITH
THE  DEPARTMENT.    (A) FOR PURPOSES OF THIS SECTION, THE TERM "INSURER"
SHALL MEAN ANY PERSON, CORPORATION, ASSOCIATION OR OTHER BUSINESS ENTITY
AUTHORIZED TO ISSUE A MOTOR VEHICLE INSURANCE POLICY IN THIS STATE.
  (B) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
THE SUPERINTENDENT WITH A DETAILED FINANCIAL STATEMENT TO SUPPLEMENT AND
EXPAND UPON THE INFORMATION CONTAINED IN THE STATUTORY ANNUAL  STATEMENT
FOR  THE  MOST RECENTLY CONCLUDED CALENDAR YEAR. THE FINANCIAL STATEMENT
SHALL CONTAIN INFORMATION ON A COMBINED BASIS FOR ALL LINES OF INSURANCE
AS WELL AS INFORMATION SEPARATELY FOR EACH OF  THE  FOLLOWING  LINES  OF
INSURANCE: (1) PRIVATE PASSENGER AUTOMOBILE OTHER LIABILITY, (2) PRIVATE
PASSENGER  AUTOMOBILE  PERSONAL INJURY PROTECTION, (3) PRIVATE PASSENGER
AUTOMOBILE PHYSICAL DAMAGE, (4) COMMERCIAL AUTOMOBILE  OTHER  LIABILITY,
(5) COMMERCIAL AUTOMOBILE PERSONAL INJURY PROTECTION, AND (6) COMMERCIAL
AUTOMOBILE  PHYSICAL DAMAGE.  SUCH FINANCIAL STATEMENT SHALL INCLUDE THE
ENTIRETY  OF  ITS  BUSINESS  ACTIVITIES  CONDUCTED  IN  THIS  STATE,  OR
CONDUCTED  OUTSIDE  THIS STATE, BUT HAVING A NEXUS TO INSURANCE POLICIES
OR CONTRACTS OF INSURANCE INSURING  PERSONS  OR  RISKS  IN  THIS  STATE,
CONSISTENT  WITH THE PROCEDURES FOR DETERMINING NEW YORK STATE INSURANCE
BUSINESS FOR STATUTORY ANNUAL STATEMENT REPORTING PURPOSES. SUCH  STATE-
MENT SHALL BE IN A FORM DETERMINED BY THE SUPERINTENDENT. THE FORM SHALL
BE  SUFFICIENTLY  ITEMIZED  IN  A  MANNER THAT ALLOWS FOR AN ACTUARIALLY
SOUND ANALYSIS OF THE INCOME REALIZED BY THE INSURER  FROM  ALL  SOURCES
DURING  SUCH  YEAR,  INCLUDING  BUT  NOT LIMITED TO PREMIUMS, INVESTMENT
INCOME, PROFIT FROM SALE OF ASSETS AND ANY OTHER CATEGORY OR  CATEGORIES
OF  INCOME  AS  DETERMINED  BY  THE  SUPERINTENDENT  TO REFLECT THE FULL
DISCLOSURE REQUIREMENTS OF THIS SECTION. AT A MINIMUM, SUCH  INFORMATION
SHALL CONSIST OF THE ITEMS SET FORTH IN THE STATEMENT OF INCOME, EXCLUD-
ING  THE  CAPITAL  AND  SURPLUS ACCOUNT SECTION OF THE PROPERTY/CASUALTY
STATUTORY ANNUAL STATEMENT, AS APPLICABLE  TO  THE  INSURER'S  NEW  YORK
STATE  BUSINESS,  AS  WELL  AS  THE OTHER INFORMATION DELINEATED IN THIS
SUBSECTION. SUCH FINANCIAL STATEMENT SHALL ALSO CONTAIN A  COMPREHENSIVE
AND  DETAILED DISCLOSURE OF THE INSURER'S EXPENSES ACTUALLY INCURRED AND
PAID DURING SUCH CALENDAR YEAR, TO  INCLUDE  NORMAL  BUSINESS  EXPENSES,
SALARIES,  COMMISSIONS,  CONSULTING  FEES,  LEGAL  EXPENSES, ADVERTISING
COSTS AND ANY OTHER CATEGORY DEEMED PERTINENT  TO  THE  INTENT  OF  THIS
SECTION. AT A MINIMUM, THE EXPENSE INFORMATION REQUIRED SHALL CONSIST OF
THE  ITEMS SET FORTH IN THE UNDERWRITING AND INVESTMENT EXHIBIT - PART 3
- EXPENSES OF THE PROPERTY / CASUALTY  STATUTORY  ANNUAL  STATEMENT,  AS
APPLICABLE  TO  THE  INSURER'S  NEW YORK STATE BUSINESS. WITH RESPECT TO
SALARIES (INCLUDING ALL OTHER FORMS OF COMPENSATION), EACH INSURER SHALL
ITEMIZE THE SALARY OF THE TWENTY MOST HIGHLY  COMPENSATED  EMPLOYEES  OF
SUCH  INSURER DURING SUCH YEAR, PROVIDED THAT THE NAME OF SUCH EMPLOYEES
NEED NOT BE DISCLOSED. SUCH FINANCIAL STATEMENT SHALL ALSO  PROVIDE  THE
PUBLIC  WITH  A  SYNOPSIS OF CLAIMS OR SETTLEMENTS PAID PURSUANT TO SUCH
POLICIES OR CONTRACTS, LISTING THE TOTAL OF SUCH CLAIMS AND  SETTLEMENTS
BY TYPE OF INSURANCE OR THE RISK INSURED. AT A MINIMUM, THE CLAIM INFOR-
MATION  REQUIRED  SHALL CONSIST OF THE ITEMS SET FORTH IN THE EXHIBIT OF
PREMIUMS AND LOSSES OF THE PROPERTY / CASUALTY STATUTORY  ANNUAL  STATE-
MENT, AS APPLICABLE TO THE INSURER'S NEW YORK STATE BUSINESS AND IDENTI-
FIED  AND  CATEGORIZED SEPARATELY FOR EACH ZIP CODE IN THIS STATE.  SUCH

A. 328--A                           3

FINANCIAL STATEMENT SHALL BE SIGNED AND ATTESTED AS FULL,  COMPLETE  AND
ACCURATE  BY  THE  CHIEF EXECUTIVE OFFICER OF THE INSURER, AND HE OR SHE
SHALL BE HELD PERSONALLY RESPONSIBLE WITH RESPECT TO THE ACCURACY OF THE
CONTENT  OF  SUCH  STATEMENT.  THE SUPERINTENDENT SHALL PROVIDE INSURERS
WITH A METHOD TO SUBMIT THEIR FINANCIAL  STATEMENTS  ELECTRONICALLY  VIA
THE  INTERNET,  WHICH  METHOD SHALL INCLUDE INSTRUCTIONS RELATING TO THE
USE OF AN ELECTRONIC SIGNATURE WHICH SHALL BE SUBJECT TO, AND  SUBMITTED
IN  ACCORDANCE  WITH  SECTION  THREE  HUNDRED  SIXTEEN  OF THIS ARTICLE;
PROVIDED, HOWEVER, THAT NO EXCEPTION AUTHORIZED IN SUCH SECTION  MAY  BE
REQUESTED OR GRANTED.
  (C) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
THE  SUPERINTENDENT  WITH DETAILED CLOSED CLAIM INFORMATION FOR THE SAME
LINES OF INSURANCE PROVIDED FOR IN SUBSECTION (B) OF  THIS  SECTION  FOR
THE  MOST  RECENTLY  CONCLUDED  CALENDAR  YEAR. UNTIL THE SUPERINTENDENT
PROMULGATES DATA COLLECTION FORMS AND PROCEDURES FOR  PRIVATE  PASSENGER
AUTOMOBILE  INSURANCE,  DATA SHALL BE COLLECTED USING, AT A MINIMUM, THE
MOST RECENT PUBLICLY AVAILABLE FORMS  USED  BY  THE  INSURANCE  RESEARCH
COUNCIL FOR ITS AUTO INJURY SURVEY. THE SUPERINTENDENT MAY REQUIRE ADDI-
TIONAL  INFORMATION  BEYOND THAT WHICH IS CONTAINED IN SUCH SURVEY IF HE
OR SHE DEEMS IT NECESSARY AND WARRANTED.  INSTEAD OF COLLECTING INFORMA-
TION FOR ALL PRIVATE PASSENGER AUTOMOBILE CLAIMS THE SUPERINTENDENT  MAY
COLLECT  DATA  FOR  A  STATISTICALLY VALID SAMPLE OF CLAIMS. THE MINIMUM
SAMPLE SIZE SHALL REPRESENT FIVE PER CENTUM OF THE NUMBER OF CLAIMS  FOR
EACH  YEAR.  UNTIL  THE SUPERINTENDENT PROMULGATES DATA COLLECTION FORMS
AND PROCEDURES  FOR  COMMERCIAL  AUTOMOBILE  INSURANCE,  DATA  SHALL  BE
COLLECTED  USING  INFORMATION  WHICH  MAY  BE  AVAILABLE  FROM ANY OTHER
SOURCE. FOR COMMERCIAL AUTOMOBILE CLAIMS, INSTEAD OF COLLECTING INFORMA-
TION FOR ALL CLAIMS THE SUPERINTENDENT MAY COLLECT DATA  FOR  A  STATIS-
TICALLY  VALID SAMPLE OF CLAIMS. THE MINIMUM SAMPLE SIZE SHALL REPRESENT
TEN PER CENTUM OF THE NUMBER OF CLAIMS FOR EACH YEAR FOR  SUCH  LINE  OF
INSURANCE.  SUCH  DETAILED  CLAIM  DATA  SHALL BE SIGNED AND ATTESTED AS
FULL, COMPLETE AND ACCURATE BY THE CHIEF EXECUTIVE OFFICER OF THE INSUR-
ER, AND HE OR SHE SHALL BE HELD PERSONALLY RESPONSIBLE WITH  RESPECT  TO
THE  ACCURACY OF THE DATA. THE DETAILED CLAIM DATA SHALL BE SUBMITTED IN
THE SAME MANNER AS PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION.
  (D) THE SUPERINTENDENT SHALL, IN BOTH WRITTEN FORM AND AS PART OF  THE
DEPARTMENT  WEB  SITE, MAKE SUCH FINANCIAL STATEMENTS AND DETAILED CLAIM
INFORMATION AVAILABLE TO THE  PUBLIC.  THE  DETAILED  CLAIM  INFORMATION
SHALL  BE  PROVIDED  IN AGGREGATE FORM FOR ALL INSURERS COMBINED WITHOUT
ANY IDENTIFICATION OF A SPECIFIC CLAIM TO A SPECIFIC  INSURER.  NONE  OF
THE  PUBLICLY  AVAILABLE  DETAILED  CLAIM INFORMATION SHALL IDENTIFY THE
INDIVIDUAL INSURER, DEFENDANT OR PLAINTIFF ASSOCIATED  WITH  THE  CLAIM.
SUCH FINANCIAL STATEMENTS AND DETAILED CLAIM INFORMATION SHALL BE DEEMED
A  PUBLIC DOCUMENT AND NO PERSON SHALL BE REQUIRED TO FILE A REQUEST FOR
SUCH FINANCIAL STATEMENTS PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS
LAW IN ORDER TO RECEIVE A COPY THEREOF, BUT UPON REQUEST AND PAYMENT  OF
THE FEE FOR COPYING SUCH DOCUMENT, IT SHALL BE PROVIDED. WITH RESPECT TO
THE  ELECTRONIC  COPY  OF  SUCH  FINANCIAL STATEMENTS AND DETAILED CLAIM
INFORMATION, WHICH SHALL BE ACCESSIBLE ON THE DEPARTMENT'S WEB SITE, THE
DEPARTMENT SHALL HIGHLIGHT THE AVAILABILITY OF SUCH INFORMATION  TO  THE
PUBLIC ON SUCH WEB SITE, AND THE LINK TO EACH INSURER'S FINANCIAL STATE-
MENT  AND  THE AGGREGATED DETAILED CLAIM INFORMATION SHALL BE ACCESSIBLE
IN A SIMPLE AND EASY MANNER. BOTH THE FINANCIAL STATEMENT AND AGGREGATED
DETAILED CLAIM INFORMATION ON THE DEPARTMENT WEB SITE SHALL BE AVAILABLE
IN SPREADSHEET FORMAT, IN ADDITION TO ANY OTHER FORMAT  THE  SUPERINTEN-
DENT DETERMINES IS APPROPRIATE.

A. 328--A                           4

  (E)  ON  OR  BEFORE  JULY FIRST OF EACH YEAR, THE SUPERINTENDENT SHALL
ISSUE REPORTS SUMMARIZING AND EXPLAINING THE INFORMATION COLLECTED  FROM
THE  FINANCIAL  STATEMENTS AND THE DETAILED CLAIM INFORMATION. COPIES OF
SUCH REPORTS SHALL BE  FORWARDED  TO  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  THE  SPEAKER  OF THE ASSEMBLY AND THE CHAIRS OF BOTH THE SENATE
AND ASSEMBLY INSURANCE COMMITTEES. SUCH REPORTS SHALL  BE  PUBLIC  DOCU-
MENTS AND SHALL BE ACCESSIBLE BOTH IN PAPER COPY AND ON THE DEPARTMENT'S
WEB SITE.
  (F)  WHERE  AN  INSURER FAILS OR REFUSES TO PROVIDE THE SUPERINTENDENT
WITH A FULL AND COMPLETE DISCLOSURE AS REQUIRED  BY  THIS  SECTION,  THE
SUPERINTENDENT SHALL TAKE SUCH ACTION HE OR SHE DEEMS NECESSARY TO BRING
THE INSURER INTO FULL COMPLIANCE.  SUCH ACTION MAY INCLUDE IMPOSITION OF
A  CIVIL  PENALTY  OF  UP TO FIFTY THOUSAND DOLLARS ASSESSED AGAINST THE
INSURER FOR EACH VIOLATION, TEMPORARY SUSPENSION OF ANY RIGHT  TO  ISSUE
ADDITIONAL  POLICIES  OR  CONTRACTS UNTIL THE INSURER BRINGS ITSELF INTO
FULL COMPLIANCE, AN AUDIT OF THE INSURER'S RECORDS BY THE DEPARTMENT  OR
ITS  DESIGNATED REPRESENTATIVE TO OBTAIN THE INFORMATION AND WHICH AUDIT
SHALL BE PAID FOR BY THE INSURER, OR ANY OTHER CIVIL REMEDY  THE  SUPER-
INTENDENT   DEEMS  WARRANTED  OR  NECESSARY  UNTIL  SUCH  INSURER  FULLY
COMPLIES. IN ADDITION THE OFFICER WHOSE SIGNATURE  IS  AFFIXED  TO  SUCH
STATEMENT MAY BE PERSONALLY PENALIZED TO THE SAME EXTENT.
  (G) THE SUPERINTENDENT MAY PROMULGATE SUCH RULES AND REGULATIONS HE OR
SHE  DEEMS  NECESSARY FOR THE PROPER ADMINISTRATION OF THE PROVISIONS OF
THIS SECTION, AND SUCH RULES AND REGULATIONS MAY BE  PROMULGATED  ON  AN
EMERGENCY  BASIS IF THE SUPERINTENDENT WARRANTS SUCH ACTION TO BE NECES-
SARY.
  S 4. Severability. If any item, clause, sentence, subparagraph, subdi-
vision or other part of this act, or  the  application  thereof  to  any
person  or circumstances shall be held to be invalid, such holding shall
not affect, impair or invalidate the remainder of this act but it  shall
be  confined  in  its  operation to the item, clause, sentence, subpara-
graph, subdivision or other part of this act directly involved  in  such
holding, or to the person and circumstances therein involved.
  S 5. This act shall take effect immediately.

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A328B - Bill Details

Law Section:
Insurance Law
Laws Affected:
Add §342, Ins L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S2987
2013-2014: A1132A, S1090A
2011-2012: A7603, S5009

A328B - Bill Texts

view summary

Requires all motor vehicle insurers to file annual detailed financial and claim data statements with the superintendent of financial services; provides all such statements shall be made available to the public.

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

                                 328--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. WEINSTEIN, ZEBROWSKI, DINOWITZ, PEOPLES-STOKES,
  COLTON, JAFFEE, CYMBROWITZ, ABINANTI, MARKEY, TITONE, PERRY,  BENEDET-
  TO, SCHIMEL, BRINDISI, STECK, THIELE, RODRIGUEZ, MILLER, ORTIZ, SKOUF-
  IS,  STIRPE,  MONTESANO  -- Multi-Sponsored by -- M. of A. BRAUNSTEIN,
  GALEF, MAGNARELLI -- read once and referred to the Committee on Insur-
  ance -- reported and referred to the Committee on  Codes  --  reported
  from  committee,  advanced  to  a  third  reading, amended and ordered
  reprinted, retaining its place on the order of third reading -- recom-
  mitted to the Committee on Codes in accordance with Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the insurance law, in relation to  requiring  all  motor
  vehicle  insurers  to  file  annual  financial statements and detailed
  claim data with the superintendent of financial services

  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 "automobile
insurance sunshine act of 2016".
  S  2.  Legislative  intent.  The legislature hereby finds and declares
that insurance companies issuing motor vehicle policies  in  this  state
owe  a  duty  to  the  consumers they insure and to those who may in the
future be insured by them, to fully disclose in a public and transparent
manner all elements relating to their financial condition and  solvency.
Automobile  use  and operation is a cornerstone of modern life; in fact,
auto insurance is the only coverage most New Yorkers are required by law
to purchase.  New York's consumers have a right to know the details  and
specifics of the factors and circumstances behind the financial solvency
of their insurer as well as the bases for the rates they are required to
pay to retain their legally mandated coverage. The determination of auto
insurance  premiums  in New York has, unfortunately, gone on too long in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00089-05-6

A. 328--B                           2

obscurity, with those who bear the premium rates unable to learn reasons
why they are set where they are. As a matter of public trust, automobile
liability insurers should make public the  pertinent  facts  related  to
their  premium determinations and financial solvency. It is the sense of
the legislature that this data should be disclosed in an open and public
manner.
  S 3. The insurance law is amended by adding a new section 343 to  read
as follows:
  S  343.  FINANCIAL  STATEMENT AND DETAILED CLAIM DATA TO BE FILED WITH
THE DEPARTMENT.  (A) FOR PURPOSES OF THIS SECTION,  THE  TERM  "INSURER"
SHALL MEAN ANY PERSON, CORPORATION, ASSOCIATION OR OTHER BUSINESS ENTITY
AUTHORIZED TO ISSUE A MOTOR VEHICLE INSURANCE POLICY IN THIS STATE.
  (B) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
THE SUPERINTENDENT WITH A DETAILED FINANCIAL STATEMENT TO SUPPLEMENT AND
EXPAND  UPON THE INFORMATION CONTAINED IN THE STATUTORY ANNUAL STATEMENT
FOR THE MOST RECENTLY CONCLUDED CALENDAR YEAR. THE  FINANCIAL  STATEMENT
SHALL CONTAIN INFORMATION ON A COMBINED BASIS FOR ALL LINES OF INSURANCE
AS  WELL  AS  INFORMATION  SEPARATELY FOR EACH OF THE FOLLOWING LINES OF
INSURANCE: (1) PRIVATE PASSENGER AUTOMOBILE OTHER LIABILITY, (2) PRIVATE
PASSENGER AUTOMOBILE PERSONAL INJURY PROTECTION, (3)  PRIVATE  PASSENGER
AUTOMOBILE  PHYSICAL  DAMAGE, (4) COMMERCIAL AUTOMOBILE OTHER LIABILITY,
(5) COMMERCIAL AUTOMOBILE PERSONAL INJURY PROTECTION, AND (6) COMMERCIAL
AUTOMOBILE PHYSICAL DAMAGE.  SUCH FINANCIAL STATEMENT SHALL INCLUDE  THE
ENTIRETY  OF  ITS  BUSINESS  ACTIVITIES  CONDUCTED  IN  THIS  STATE,  OR
CONDUCTED OUTSIDE THIS STATE, BUT HAVING A NEXUS TO  INSURANCE  POLICIES
OR  CONTRACTS  OF  INSURANCE  INSURING  PERSONS  OR RISKS IN THIS STATE,
CONSISTENT WITH THE PROCEDURES FOR DETERMINING NEW YORK STATE  INSURANCE
BUSINESS  FOR STATUTORY ANNUAL STATEMENT REPORTING PURPOSES. SUCH STATE-
MENT SHALL BE IN A FORM DETERMINED BY THE SUPERINTENDENT. THE FORM SHALL
BE SUFFICIENTLY ITEMIZED IN A MANNER  THAT  ALLOWS  FOR  AN  ACTUARIALLY
SOUND  ANALYSIS  OF  THE INCOME REALIZED BY THE INSURER FROM ALL SOURCES
DURING SUCH YEAR, INCLUDING BUT  NOT  LIMITED  TO  PREMIUMS,  INVESTMENT
INCOME,  PROFIT FROM SALE OF ASSETS AND ANY OTHER CATEGORY OR CATEGORIES
OF INCOME AS DETERMINED  BY  THE  SUPERINTENDENT  TO  REFLECT  THE  FULL
DISCLOSURE  REQUIREMENTS OF THIS SECTION. AT A MINIMUM, SUCH INFORMATION
SHALL CONSIST OF THE ITEMS SET FORTH IN THE STATEMENT OF INCOME, EXCLUD-
ING THE CAPITAL AND SURPLUS ACCOUNT  SECTION  OF  THE  PROPERTY/CASUALTY
STATUTORY  ANNUAL  STATEMENT,  AS  APPLICABLE  TO THE INSURER'S NEW YORK
STATE BUSINESS, AS WELL AS THE  OTHER  INFORMATION  DELINEATED  IN  THIS
SUBSECTION.  SUCH FINANCIAL STATEMENT SHALL ALSO CONTAIN A COMPREHENSIVE
AND DETAILED DISCLOSURE OF THE INSURER'S EXPENSES ACTUALLY INCURRED  AND
PAID  DURING  SUCH  CALENDAR  YEAR, TO INCLUDE NORMAL BUSINESS EXPENSES,
SALARIES, COMMISSIONS,  CONSULTING  FEES,  LEGAL  EXPENSES,  ADVERTISING
COSTS  AND  ANY  OTHER  CATEGORY  DEEMED PERTINENT TO THE INTENT OF THIS
SECTION. AT A MINIMUM, THE EXPENSE INFORMATION REQUIRED SHALL CONSIST OF
THE ITEMS SET FORTH IN THE UNDERWRITING AND INVESTMENT EXHIBIT - PART  3
-  EXPENSES  OF  THE  PROPERTY / CASUALTY STATUTORY ANNUAL STATEMENT, AS
APPLICABLE TO THE INSURER'S NEW YORK STATE  BUSINESS.  WITH  RESPECT  TO
SALARIES (INCLUDING ALL OTHER FORMS OF COMPENSATION), EACH INSURER SHALL
ITEMIZE  THE  SALARY  OF THE TWENTY MOST HIGHLY COMPENSATED EMPLOYEES OF
SUCH INSURER DURING SUCH YEAR, PROVIDED THAT THE NAME OF SUCH  EMPLOYEES
NEED  NOT  BE DISCLOSED. SUCH FINANCIAL STATEMENT SHALL ALSO PROVIDE THE
PUBLIC WITH A SYNOPSIS OF CLAIMS OR SETTLEMENTS PAID  PURSUANT  TO  SUCH
POLICIES  OR CONTRACTS, LISTING THE TOTAL OF SUCH CLAIMS AND SETTLEMENTS
BY TYPE OF INSURANCE OR THE RISK INSURED. AT A MINIMUM, THE CLAIM INFOR-
MATION REQUIRED SHALL CONSIST OF THE ITEMS SET FORTH IN THE  EXHIBIT  OF

A. 328--B                           3

PREMIUMS  AND  LOSSES OF THE PROPERTY / CASUALTY STATUTORY ANNUAL STATE-
MENT, AS APPLICABLE TO THE INSURER'S NEW YORK STATE BUSINESS AND IDENTI-
FIED AND CATEGORIZED SEPARATELY FOR EACH ZIP CODE IN THIS STATE.    SUCH
FINANCIAL  STATEMENT  SHALL BE SIGNED AND ATTESTED AS FULL, COMPLETE AND
ACCURATE BY THE CHIEF EXECUTIVE OFFICER OF THE INSURER, AND  HE  OR  SHE
SHALL BE HELD PERSONALLY RESPONSIBLE WITH RESPECT TO THE ACCURACY OF THE
CONTENT  OF  SUCH  STATEMENT.  THE SUPERINTENDENT SHALL PROVIDE INSURERS
WITH A METHOD TO SUBMIT THEIR FINANCIAL  STATEMENTS  ELECTRONICALLY  VIA
THE  INTERNET,  WHICH  METHOD SHALL INCLUDE INSTRUCTIONS RELATING TO THE
USE OF AN ELECTRONIC SIGNATURE WHICH SHALL BE SUBJECT TO, AND  SUBMITTED
IN  ACCORDANCE  WITH  SECTION  THREE  HUNDRED  SIXTEEN  OF THIS ARTICLE;
PROVIDED, HOWEVER, THAT NO EXCEPTION AUTHORIZED IN SUCH SECTION  MAY  BE
REQUESTED OR GRANTED.
  (C) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
THE  SUPERINTENDENT  WITH DETAILED CLOSED CLAIM INFORMATION FOR THE SAME
LINES OF INSURANCE PROVIDED FOR IN SUBSECTION (B) OF  THIS  SECTION  FOR
THE  MOST  RECENTLY  CONCLUDED  CALENDAR  YEAR. UNTIL THE SUPERINTENDENT
PROMULGATES DATA COLLECTION FORMS AND PROCEDURES FOR  PRIVATE  PASSENGER
AUTOMOBILE  INSURANCE,  DATA SHALL BE COLLECTED USING, AT A MINIMUM, THE
MOST RECENT PUBLICLY AVAILABLE FORMS  USED  BY  THE  INSURANCE  RESEARCH
COUNCIL FOR ITS AUTO INJURY SURVEY. THE SUPERINTENDENT MAY REQUIRE ADDI-
TIONAL  INFORMATION  BEYOND THAT WHICH IS CONTAINED IN SUCH SURVEY IF HE
OR SHE DEEMS IT NECESSARY AND WARRANTED.  INSTEAD OF COLLECTING INFORMA-
TION FOR ALL PRIVATE PASSENGER AUTOMOBILE CLAIMS THE SUPERINTENDENT  MAY
COLLECT  DATA  FOR  A  STATISTICALLY VALID SAMPLE OF CLAIMS. THE MINIMUM
SAMPLE SIZE SHALL REPRESENT FIVE PER CENTUM OF THE NUMBER OF CLAIMS  FOR
EACH  YEAR.  UNTIL  THE SUPERINTENDENT PROMULGATES DATA COLLECTION FORMS
AND PROCEDURES  FOR  COMMERCIAL  AUTOMOBILE  INSURANCE,  DATA  SHALL  BE
COLLECTED  USING  INFORMATION  WHICH  MAY  BE  AVAILABLE  FROM ANY OTHER
SOURCE. FOR COMMERCIAL AUTOMOBILE CLAIMS, INSTEAD OF COLLECTING INFORMA-
TION FOR ALL CLAIMS THE SUPERINTENDENT MAY COLLECT DATA  FOR  A  STATIS-
TICALLY  VALID SAMPLE OF CLAIMS. THE MINIMUM SAMPLE SIZE SHALL REPRESENT
TEN PER CENTUM OF THE NUMBER OF CLAIMS FOR EACH YEAR FOR  SUCH  LINE  OF
INSURANCE.  SUCH  DETAILED  CLAIM  DATA  SHALL BE SIGNED AND ATTESTED AS
FULL, COMPLETE AND ACCURATE BY THE CHIEF EXECUTIVE OFFICER OF THE INSUR-
ER, AND HE OR SHE SHALL BE HELD PERSONALLY RESPONSIBLE WITH  RESPECT  TO
THE  ACCURACY OF THE DATA. THE DETAILED CLAIM DATA SHALL BE SUBMITTED IN
THE SAME MANNER AS PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION.
  (D) THE SUPERINTENDENT SHALL, IN BOTH WRITTEN FORM AND AS PART OF  THE
DEPARTMENT  WEB  SITE, MAKE SUCH FINANCIAL STATEMENTS AND DETAILED CLAIM
INFORMATION AVAILABLE TO THE  PUBLIC.  THE  DETAILED  CLAIM  INFORMATION
SHALL  BE  PROVIDED  IN AGGREGATE FORM FOR ALL INSURERS COMBINED WITHOUT
ANY IDENTIFICATION OF A SPECIFIC CLAIM TO A SPECIFIC  INSURER.  NONE  OF
THE  PUBLICLY  AVAILABLE  DETAILED  CLAIM INFORMATION SHALL IDENTIFY THE
INDIVIDUAL INSURER, DEFENDANT OR PLAINTIFF ASSOCIATED  WITH  THE  CLAIM.
SUCH FINANCIAL STATEMENTS AND DETAILED CLAIM INFORMATION SHALL BE DEEMED
A  PUBLIC DOCUMENT AND NO PERSON SHALL BE REQUIRED TO FILE A REQUEST FOR
SUCH FINANCIAL STATEMENTS PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS
LAW IN ORDER TO RECEIVE A COPY THEREOF, BUT UPON REQUEST AND PAYMENT  OF
THE FEE FOR COPYING SUCH DOCUMENT, IT SHALL BE PROVIDED. WITH RESPECT TO
THE  ELECTRONIC  COPY  OF  SUCH  FINANCIAL STATEMENTS AND DETAILED CLAIM
INFORMATION, WHICH SHALL BE ACCESSIBLE ON THE DEPARTMENT'S WEB SITE, THE
DEPARTMENT SHALL HIGHLIGHT THE AVAILABILITY OF SUCH INFORMATION  TO  THE
PUBLIC ON SUCH WEB SITE, AND THE LINK TO EACH INSURER'S FINANCIAL STATE-
MENT  AND  THE AGGREGATED DETAILED CLAIM INFORMATION SHALL BE ACCESSIBLE
IN A SIMPLE AND EASY MANNER. BOTH THE FINANCIAL STATEMENT AND AGGREGATED

A. 328--B                           4

DETAILED CLAIM INFORMATION ON THE DEPARTMENT WEB SITE SHALL BE AVAILABLE
IN SPREADSHEET FORMAT, IN ADDITION TO ANY OTHER FORMAT  THE  SUPERINTEN-
DENT DETERMINES IS APPROPRIATE.
  (E)  ON  OR  BEFORE  JULY FIRST OF EACH YEAR, THE SUPERINTENDENT SHALL
ISSUE REPORTS SUMMARIZING AND EXPLAINING THE INFORMATION COLLECTED  FROM
THE  FINANCIAL  STATEMENTS AND THE DETAILED CLAIM INFORMATION. COPIES OF
SUCH REPORTS SHALL BE  FORWARDED  TO  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  THE  SPEAKER  OF THE ASSEMBLY AND THE CHAIRS OF BOTH THE SENATE
AND ASSEMBLY INSURANCE COMMITTEES. SUCH REPORTS SHALL  BE  PUBLIC  DOCU-
MENTS AND SHALL BE ACCESSIBLE BOTH IN PAPER COPY AND ON THE DEPARTMENT'S
WEB SITE.
  (F)  WHERE  AN  INSURER FAILS OR REFUSES TO PROVIDE THE SUPERINTENDENT
WITH A FULL AND COMPLETE DISCLOSURE AS REQUIRED  BY  THIS  SECTION,  THE
SUPERINTENDENT SHALL TAKE SUCH ACTION HE OR SHE DEEMS NECESSARY TO BRING
THE INSURER INTO FULL COMPLIANCE.  SUCH ACTION MAY INCLUDE IMPOSITION OF
A  CIVIL  PENALTY  OF  UP TO FIFTY THOUSAND DOLLARS ASSESSED AGAINST THE
INSURER FOR EACH VIOLATION, TEMPORARY SUSPENSION OF ANY RIGHT  TO  ISSUE
ADDITIONAL  POLICIES  OR  CONTRACTS UNTIL THE INSURER BRINGS ITSELF INTO
FULL COMPLIANCE, AN AUDIT OF THE INSURER'S RECORDS BY THE DEPARTMENT  OR
ITS  DESIGNATED REPRESENTATIVE TO OBTAIN THE INFORMATION AND WHICH AUDIT
SHALL BE PAID FOR BY THE INSURER, OR ANY OTHER CIVIL REMEDY  THE  SUPER-
INTENDENT   DEEMS  WARRANTED  OR  NECESSARY  UNTIL  SUCH  INSURER  FULLY
COMPLIES. IN ADDITION THE OFFICER WHOSE SIGNATURE  IS  AFFIXED  TO  SUCH
STATEMENT MAY BE PERSONALLY PENALIZED TO THE SAME EXTENT.
  (G) THE SUPERINTENDENT MAY PROMULGATE SUCH RULES AND REGULATIONS HE OR
SHE  DEEMS  NECESSARY FOR THE PROPER ADMINISTRATION OF THE PROVISIONS OF
THIS SECTION, AND SUCH RULES AND REGULATIONS MAY BE  PROMULGATED  ON  AN
EMERGENCY  BASIS IF THE SUPERINTENDENT WARRANTS SUCH ACTION TO BE NECES-
SARY.
  S 4. Severability. If any item, clause, sentence, subparagraph, subdi-
vision or other part of this act, or  the  application  thereof  to  any
person  or circumstances shall be held to be invalid, such holding shall
not affect, impair or invalidate the remainder of this act but it  shall
be  confined  in  its  operation to the item, clause, sentence, subpara-
graph, subdivision or other part of this act directly involved  in  such
holding, or to the person and circumstances therein involved.
  S 5. This act shall take effect immediately.

assembly Bill A5447

2015-2016 Legislative Session

Provides for the payment of state aid to the town of Ashford, in the county of Cattaraugus, and the special districts therein for state lands in such town

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2016 print number 5447a
Feb 08, 2016 amend and recommit to real property taxation
Jan 06, 2016 referred to real property taxation
May 29, 2015 reference changed to real property taxation
Feb 23, 2015 referred to governmental operations

Bill Amendments

A5447
A5447A
A5447
A5447A

A5447 - Bill Details

See Senate Version of this Bill:
S3009
Current Committee:
Law Section:
Public Lands Law
Laws Affected:
Add §19-c, Pub Lds L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A6015A, S2676A
2011-2012: A9285, S4868
2015-2016: A5447A

A5447 - Bill Texts

view summary

Provides for the payment of state aid to the town of Ashford, in the county of Cattaraugus, and the special districts therein for state lands in such town.

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

                                  5447

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2015
                               ___________

Introduced by M. of A. GIGLIO -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to  amend  the  public lands law, in relation to the payment of
  state aid on account of certain state lands in the town of Ashford, in
  the county of Cattaraugus

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

  Section  1.  The  public  lands law is amended by adding a new section
19-c to read as follows:
  S 19-C. STATE AID; CERTAIN STATE LANDS IN  THE  TOWN  OF  ASHFORD.  1.
STATE AID SHALL BE PAYABLE ANNUALLY, AS PROVIDED IN THIS SECTION, TO THE
TOWN  OF  ASHFORD,  IN  THE  COUNTY  OF  CATTARAUGUS, AND TO ANY SPECIAL
DISTRICT, AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION ONE  HUNDRED  TWO
OF  THE  REAL PROPERTY TAX LAW, WITHIN SUCH TOWN, FOR ANY PARCEL OF LAND
OWNED BY THE STATE, OR AN AGENCY OF THE STATE.
  2. THE STATE AID SO PAYABLE SHALL BE EQUAL TO  FIVE  HUNDRED  THOUSAND
DOLLARS.
  3.  STATE  AID  SHALL BE PAYABLE UPON APPLICATION OF THE TOWN BOARD OF
THE TOWN OF ASHFORD ON BEHALF OF SUCH TOWN  AND  THE  SPECIAL  DISTRICTS
THEREIN TO THE STATE COMPTROLLER ON A FORM PRESCRIBED BY THE STATE COMP-
TROLLER  CONTAINING  SUCH  INFORMATION  AS  THE  STATE COMPTROLLER SHALL
REQUIRE.
  S 2. This act shall take effect immediately and the first  payment  of
state  aid pursuant to section 19-c of the public lands law, as added by
section one of this act, shall be in 2016.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06725-01-5

A5447A - Bill Details

See Senate Version of this Bill:
S3009
Current Committee:
Law Section:
Public Lands Law
Laws Affected:
Add §19-c, Pub Lds L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A6015A, S2676A
2011-2012: A9285, S4868
2015-2016: A5447A

A5447A - Bill Texts

view summary

Provides for the payment of state aid to the town of Ashford, in the county of Cattaraugus, and the special districts therein for state lands in such town.

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

                                 5447--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2015
                               ___________

Introduced by M. of A. GIGLIO -- read once and referred to the Committee
  on  Governmental  Operations  -- reference changed to the Committee on
  Real Property Taxation -- recommitted to the Committee on Real Proper-
  ty Taxation in accordance with Assembly Rule 3, sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  public lands law, in relation to the payment of
  state aid on account of certain state lands in the town of Ashford, in
  the county of Cattaraugus

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

  Section  1.  The  public  lands law is amended by adding a new section
19-c to read as follows:
  S 19-C. STATE AID; CERTAIN STATE LANDS IN  THE  TOWN  OF  ASHFORD.  1.
STATE AID SHALL BE PAYABLE ANNUALLY, AS PROVIDED IN THIS SECTION, TO THE
TOWN  OF  ASHFORD,  IN  THE  COUNTY  OF  CATTARAUGUS, AND TO ANY SPECIAL
DISTRICT, AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION ONE  HUNDRED  TWO
OF  THE  REAL PROPERTY TAX LAW, WITHIN SUCH TOWN, FOR ANY PARCEL OF LAND
OWNED BY THE STATE, OR AN AGENCY OF THE STATE.
  2. THE STATE AID SO PAYABLE SHALL BE EQUAL TO  FIVE  HUNDRED  THOUSAND
DOLLARS.
  3.  STATE  AID  SHALL BE PAYABLE UPON APPLICATION OF THE TOWN BOARD OF
THE TOWN OF ASHFORD ON BEHALF OF SUCH TOWN  AND  THE  SPECIAL  DISTRICTS
THEREIN TO THE STATE COMPTROLLER ON A FORM PRESCRIBED BY THE STATE COMP-
TROLLER  CONTAINING  SUCH  INFORMATION  AS  THE  STATE COMPTROLLER SHALL
REQUIRE.
  S 2. This act shall take effect immediately and the first  payment  of
state  aid pursuant to section 19-c of the public lands law, as added by
section one of this act, shall be in 2017.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06725-03-6

assembly Bill A5438

2015-2016 Legislative Session

Amends chapter 58 of the laws of 2005 in relation to calculating social services district medical assistance expenditure amounts

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
May 29, 2015 enacting clause stricken
Feb 23, 2015 referred to health

Co-Sponsors

Multi-Sponsors

view all multi-sponsors

A5438 - Bill Details

See Senate Version of this Bill:
S1955
Current Committee:
Law Section:
Social Services
Laws Affected:
Amd Part C §1, Chap 58 of 2005
Versions Introduced in Previous Legislative Sessions:
2013-2014: A4776A, S4296A
2011-2012: A8453, S5787

A5438 - Bill Texts

view summary

Relates to calculating social services district medical assistance expenditure amounts.

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

                                  5438

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2015
                               ___________

Introduced  by  M.  of  A.  PALMESANO  --  read once and referred to the
  Committee on Health

AN ACT to amend chapter 58 of the laws of 2005, relating to  authorizing
  reimbursements  for  expenditures  made  by  or  on  behalf  of social
  services districts for medical assistance for needy  persons  and  the
  administration  thereof,  in  relation  to calculating social services
  district medical assistance expenditure amounts

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

  Section 1. Subdivision (c) of section 1 of part C of chapter 58 of the
laws  of  2005,  relating to authorizing reimbursements for expenditures
made by or on behalf of social services districts for medical assistance
for needy persons and the administration thereof, is amended to read  as
follows:
  (c)  Commencing  with  the  calendar  year  beginning January 1, 2006,
calendar year social services district  medical  assistance  expenditure
amounts  for each social services district shall be calculated by multi-
plying the results of the calculations performed pursuant  to  paragraph
(b) of this section by a non-compounded trend factor, as follows:
  (i) 2006 (January 1, 2006 through December 31, 2006):  3.5%;
  (ii)  2007  (January 1, 2007 through December 31, 2007):  6.75% (3.25%
plus the prior year's 3.5%);
  (iii) 2008 (January 1, 2008 through December 31,  2008):    9.75%  (3%
plus the prior year's 6.75%);
  (iv) 2009 (January 1, 2009 through December 31, 2009): 12.75% (3% PLUS
THE PRIOR YEAR'S 9.75%);
  (V)  2010 (JANUARY 1, 2010 THROUGH DECEMBER 31, 2010): 15.75% (3% PLUS
THE PRIOR YEAR'S 12.75%);
  (VI) 2011 (JANUARY 1, 2011 THROUGH DECEMBER 31, 2011): 18.75% (3% PLUS
THE PRIOR YEAR'S 15.75%);

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07913-01-5

A. 5438                             2

  (VII) 2012 (JANUARY 1, 2012 THROUGH DECEMBER 31, 2012):    21.75%  (3%
PLUS THE PRIOR YEAR'S 18.75%);
  (VIII)  2013  (JANUARY  1, 2013 THROUGH DECEMBER 31, 2013): 24.75% (3%
PLUS THE PRIOR YEAR'S 21.75%);
  (IX) 2014 (JANUARY 1, 2014 THROUGH DECEMBER 31, 2014), 27.75% (3% PLUS
THE PRIOR YEAR'S 24.75%);
  (X) 2015 (JANUARY  1,  2015  THROUGH  DECEMBER  31,  2015),  and  each
succeeding  calendar  year:  prior  year's trend factor percentage [plus
3%].
  S 2. This act shall take effect January 1, 2015; provided, however, if
this act shall become a law after such date it shall take  effect  imme-
diately and shall be deemed to have been in full force and effect on and
after January 1, 2015.

assembly Bill A7680

2015-2016 Legislative Session

Relates to mayoral control of the city school district of Buffalo; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to education
May 21, 2015 referred to education

A7680 - Bill Details

See Senate Version of this Bill:
S5715
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add Art 52-B §§2591-a - 2591-j, amd §§2552, 2553, 2554, 2563, 2566 & 2573, rpld §2553 sub 10, §2576 sub 4, Ed L

A7680 - Bill Texts

view summary

Provides for mayoral control of the city school district of Buffalo; provides for appointment of the board of education and the superintendent by the mayor.

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

                                  7680

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to mayoral control of the
  city school district  of  the  city  of  Buffalo;  to  repeal  certain
  provisions  of  the  education law relating thereto; and providing for
  the repeal of certain provisions upon expiration thereof

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "city of Buffalo school district governance reform act".
  S 2. The education law is amended by adding a new article 52-B to read
as follows:
                              ARTICLE 52-B
                 CITY OF BUFFALO SCHOOL DISTRICT SYSTEM
SECTION 2591-A. APPLICATION OF ARTICLE.
        2591-B. DEFINITIONS.
        2591-C. BOARD OF EDUCATION; COMPOSITION.
        2591-D. BOARD OF EDUCATION; POWERS AND DUTIES.
        2591-E. SUPERINTENDENT  OF  SCHOOLS;  APPOINTMENT;  POWERS   AND
                  DUTIES.
        2591-F. COMMUNITY SCHOOLS ADVISORY COUNCILS; COMPOSITION; POWERS
                  AND DUTIES.
        2591-G. APPOINTMENT OF TEACHERS, ADMINISTRATORS, SUPERVISORS AND
                  OTHER EMPLOYEES.
        2591-H. SCHOOL PRINCIPALS; SELECTION PROCESS; POWERS AND DUTIES.
        2591-I. BUDGETARY AND FISCAL PROCESSES.
        2591-J. CUSTODY AND DISBURSEMENT OF FUNDS.
  S 2591-A. APPLICATION OF ARTICLE. THIS ARTICLE SHALL APPLY TO THE CITY
SCHOOL DISTRICT OF THE CITY OF BUFFALO.
  S  2591-B.  DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL MEAN:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10770-05-5

A. 7680                             2

  1. BOARD OF EDUCATION. THE TERM "BOARD OF EDUCATION" OR "BOARD"  SHALL
MEAN  THE  BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF
BUFFALO,   ESTABLISHED   PURSUANT   TO   SECTION   TWENTY-FIVE   HUNDRED
NINETY-ONE-C OF THIS ARTICLE.
  2. CITY. THE TERM "CITY" SHALL MEAN THE CITY OF BUFFALO.
  3.  CITY DISTRICT. THE TERM "CITY DISTRICT" SHALL MEAN THE CITY SCHOOL
DISTRICT OF THE CITY OF BUFFALO.
  4. COMMON COUNCIL. THE TERM "COMMON COUNCIL"  SHALL  MEAN  THE  COMMON
COUNCIL OF THE CITY OF BUFFALO.
  5.  COMMISSIONER.  THE TERM "COMMISSIONER" SHALL MEAN THE COMMISSIONER
OF THE STATE EDUCATION DEPARTMENT.
  6. COUNCIL DISTRICT. THE TERM "COUNCIL DISTRICT" SHALL  MEAN  THE  SIX
DISTRICTS  INTO  WHICH  THE  CITY  OF BUFFALO IS DIVIDED PURSUANT TO THE
CHARTER OF SUCH CITY FOR  THE  PURPOSES  OF  ELECTING  DISTRICT  COUNCIL
MEMBERS.
  7.  COMMUNITY  SCHOOLS  ADVISORY  COUNCIL. THE TERM "COMMUNITY SCHOOLS
ADVISORY COUNCIL" OR "ADVISORY COUNCIL" SHALL MEAN THE ADVISORY  COUNCIL
ESTABLISHED PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS
ARTICLE.
  8.  MAYOR.  THE  TERM  "MAYOR"  SHALL  MEAN  THE  MAYOR OF THE CITY OF
BUFFALO.
  9. SUPERINTENDENT OR SUPERINTENDENT OF SCHOOLS. THE TERM  "SUPERINTEN-
DENT"  OR  "SUPERINTENDENT  OF SCHOOLS" SHALL MEAN THE SUPERINTENDENT OF
THE CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO.
  S 2591-C. BOARD OF EDUCATION; COMPOSITION.  1. THE BOARD OF  EDUCATION
OF  THE CITY OF BUFFALO IS HEREBY CONTINUED.  SUCH BOARD MAY BE COMMONLY
KNOWN AND REFERRED TO  AS  THE  EDUCATION  COMMISSION  OF  THE  CITY  OF
BUFFALO.
  2. THE BOARD SHALL CONSIST OF NINE MEMBERS APPOINTED BY THE MAYOR.
  (A)  THE  MAYOR  SHALL MAKE EVERY EFFORT TO APPOINT A MEMBER FROM EACH
COUNCIL DISTRICT.
  (B) EVERY MEMBER SHALL BE A RESIDENT OF THE CITY.
  (C) ALL  MEMBERS  SHALL  POSSESS  EXTENSIVE  EDUCATIONAL,  EDUCATIONAL
ADMINISTRATION,  HEALTH  OR  MENTAL HEALTH, BUSINESS OR TRADE EXPERIENCE
AND KNOWLEDGE, OR IS CAPABLE OF MAKING  A  SIGNIFICANT  CONTRIBUTION  TO
IMPROVING THE EDUCATION OF THE STUDENTS OF THE CITY DISTRICT.
  3. ALL MEMBERS SHALL SERVE TWO YEAR TERMS.  ALL MEMBERS SHALL SERVE AT
THE  PLEASURE OF THE APPOINTING AUTHORITY.  A MEMBER MAY BE REMOVED FROM
OFFICE BY THE APPOINTING AUTHORITY DURING HIS OR HER TERM FOR GOOD CAUSE
SHOWN, AFTER NOTICE AND OPPORTUNITY TO BE HEARD.  A MEMBER  WHO  REFUSES
OR  FAILS  TO ATTEND THREE SUCCESSIVE MEETINGS OF SUCH BOARD VACATES HIS
OR HER OFFICE BY REFUSAL TO SERVE.  ANY VACANCY SHALL BE FILLED  BY  THE
APPOINTING AUTHORITY WITHIN THIRTY DAYS OF THE VACANCY.
  4.  MEMBERS  SHALL BE PAID A SALARY OF NOT MORE THAN $5,000 PER ANNUM,
AND SHALL BE REIMBURSED FOR ALL ACTUAL AND NECESSARY  EXPENSES  DIRECTLY
RELATED TO THE DUTIES AND RESPONSIBILITIES OF THE BOARD.
  5.    (A)  NO PERSON SHALL BE ELIGIBLE FOR THE OFFICE OF MEMBER OF THE
BOARD WHO IS NOT A QUALIFIED VOTER UNDER SECTION 5-102 OF  THE  ELECTION
LAW  OF SUCH CITY SCHOOL DISTRICT. NO PERSON SHALL HOLD AT THE SAME TIME
THE OFFICE OF MEMBER OF THE BOARD AND  ANY  OTHER  ELECTIVE  OFFICE  NOR
SHALL  SUCH  PERSON  BE A CANDIDATE FOR ANY OTHER ELECTIVE OFFICE AT THE
SAME TIME HE OR SHE IS A MEMBER OF THE BOARD.
  (B) NO MEMBER OF THE BOARD SHALL BE EMPLOYED BY THE CITY OR  THE  CITY
DISTRICT  OR  SHALL  BE  A  MEMBER OF ANY PUBLIC CORPORATION, AUTHORITY,
COMMISSION OR ENTITY IN WHICH THE MAYOR HAS A MAJORITY OF APPOINTMENTS.

A. 7680                             3

  6. THE BOARD SHALL HOLD AT LEAST ONE REGULAR PUBLIC MEETING PER MONTH.
THE BOARD SHALL CONSIDER APPROPRIATE PUBLIC ACCOMMODATIONS WHEN  SELECT-
ING  A VENUE SO AS TO MAXIMIZE PARTICIPATION BY PARENTS AND THE COMMUNI-
TY. NOTICE OF THE TIME, PLACE AND AGENDA FOR ALL  BOARD  REGULAR  PUBLIC
MEETINGS  SHALL BE PUBLICLY PROVIDED, INCLUDING VIA THE BOARD'S OFFICIAL
INTERNET WEB SITE, AT LEAST TEN BUSINESS DAYS IN ADVANCE OF  SUCH  MEET-
ING.
  7. ALL MEMBERS SHALL BE REQUIRED TO PREPARE AND FILE FINANCIAL DISCLO-
SURE STATEMENTS PURSUANT TO THE CHARTER OF THE CITY OF BUFFALO.
  S  2591-D.  BOARD  OF EDUCATION; POWERS AND DUTIES. 1. THE BOARD SHALL
ADVISE THE SUPERINTENDENT ON MATTERS OF POLICY AFFECTING THE WELFARE  OF
THE  CITY  SCHOOL  DISTRICT  AND ITS PUPILS. THE BOARD SHALL EXERCISE NO
EXECUTIVE POWER AND PERFORM NO EXECUTIVE OR ADMINISTRATIVE FUNCTIONS.
  2. THE BOARD SHALL PERFORM ANY DUTY IMPOSED UPON BOARDS  OF  EDUCATION
OR  TRUSTEES  OF COMMON SCHOOLS UNDER THIS CHAPTER OR OTHER STATUTES, OR
THE RULES OF THE REGENTS AND REGULATIONS OF THE COMMISSIONER SO  FAR  AS
THEY  MAY  BE APPLICABLE TO THE SCHOOL OR OTHER EDUCATIONAL AFFAIRS OF A
CITY, AND NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
  3. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE BOARD  SHALL  FOR
ALL  PURPOSES  BE  THE  GOVERNMENT  OR  PUBLIC  EMPLOYER  OF ALL PERSONS
APPOINTED OR ASSIGNED TO WORK FOR THE CITY DISTRICT.
  4. THE BOARD SHALL ALSO HAVE THE POWER AND DUTY TO:
  (A) APPROVE STANDARDS, POLICIES, AND OBJECTIVES PROPOSED BY THE SUPER-
INTENDENT  DIRECTLY  RELATED  TO  EDUCATIONAL  ACHIEVEMENT  AND  STUDENT
PERFORMANCE;
  (B)  APPROVE  ANY OTHER STANDARDS, POLICIES, AND OBJECTIVES AS SPECIF-
ICALLY AUTHORIZED OR REQUIRED BY FEDERAL OR STATE LAW OR REGULATION;
  (C) APPROVE A PROTOCOL DEVELOPED BY  THE  SUPERINTENDENT  RELATING  TO
SCHOOL  CLOSURES PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF
THIS ARTICLE;
  (D) APPROVE A  PROCUREMENT  POLICY  DEVELOPED  BY  THE  SUPERINTENDENT
PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF THIS ARTICLE;
  (E)  APPROVE  THE  PURCHASE  OF  SUCH  APPARATUS, MAPS, GLOBES, BOOKS,
FURNITURE AND OTHER EQUIPMENT AND SUPPLIES AS MAY BE NECESSARY  FOR  THE
PROPER  AND  EFFICIENT  MANAGEMENT OF THE SCHOOLS AND OTHER EDUCATIONAL,
SOCIAL AND RECREATIONAL ACTIVITIES AND PROGRAMS IN THE CITY DISTRICT;
  (F) APPROVE A PLAN DEVELOPED BY THE SUPERINTENDENT TO ENSURE THAT  ALL
INSTRUCTIONAL  MATERIALS  TO  BE USED IN THE SCHOOLS OF THE DISTRICT ARE
AVAILABLE IN A USABLE ALTERNATIVE FORMAT FOR EACH STUDENT WITH  A  DISA-
BILITY,  AS  DEFINED  IN SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER,
AND FOR EACH STUDENT WHO IS A QUALIFIED INDIVIDUAL WITH A DISABILITY  AS
DEFINED  IN  THE REHABILITATION ACT OF NINETEEN HUNDRED NINETY-THREE (29
U.S.C. 701), AS AMENDED, IN ACCORDANCE WITH HIS OR HER EDUCATIONAL NEEDS
AND COURSE SELECTION, AT THE SAME TIME AS SUCH  INSTRUCTIONAL  MATERIALS
ARE AVAILABLE TO NON-DISABLED STUDENTS. AS PART OF SUCH PLAN, THE SUPER-
INTENDENT SHALL AMEND THE CITY DISTRICT'S PROCUREMENT POLICIES TO GIVE A
PREFERENCE  IN  THE  PURCHASE  OF INSTRUCTIONAL MATERIALS TO VENDORS WHO
AGREE TO PROVIDE MATERIALS IN ALTERNATIVE FORMATS. FOR PURPOSES OF  THIS
SUBDIVISION,  "ALTERNATIVE  FORMAT"  SHALL MEAN ANY MEDIUM OR FORMAT FOR
THE PRESENTATION OF INSTRUCTIONAL MATERIALS, OTHER  THAN  A  TRADITIONAL
PRINT  TEXTBOOK,  THAT  IS  NEEDED  AS  AN  ACCOMMODATION FOR A DISABLED
STUDENT ENROLLED IN THE SCHOOL DISTRICT, INCLUDING BUT  NOT  LIMITED  TO
BRAILLE, LARGE PRINT, OPEN AND CLOSED CAPTIONED, AUDIO, OR AN ELECTRONIC
FILE IN AN APPROVED FORMAT, AS DEFINED IN THE REGULATIONS OF THE COMMIS-
SIONER.  WHEN AN ELECTRONIC FILE IS PROVIDED, THE PLAN SHALL SPECIFY HOW
THE  FORMAT  WILL  BE ACCESSED BY STUDENTS AND/OR HOW THE DISTRICT SHALL

A. 7680                             4

CONVERT TO AN ACCESSIBLE FORMAT. SUCH PLAN SHALL IDENTIFY THE  NEEDS  OF
STUDENTS RESIDING IN THE DISTRICT FOR ALTERNATIVE FORMAT MATERIALS. SUCH
PLAN  SHALL  ALSO  SPECIFY ORDERING TIMELINES TO ENSURE THAT ALTERNATIVE
FORMAT  MATERIALS ARE AVAILABLE AT THE SAME TIME AS REGULAR FORMAT MATE-
RIALS.   SUCH PLANS SHALL INCLUDE PROCEDURES  TO  ADDRESS  THE  NEED  TO
OBTAIN  MATERIALS  IN  ALTERNATIVE  FORMAT  WITHOUT  DELAY  FOR DISABLED
STUDENTS WHO MOVE INTO THE SCHOOL DISTRICT DURING THE SCHOOL YEAR;
  (G) APPROVE THE ESTABLISHMENT OF SUCH FREE  ELEMENTARY  SCHOOLS,  HIGH
SCHOOLS,  COMMUNITY SCHOOLS, TRAINING SCHOOLS, VOCATIONAL AND INDUSTRIAL
SCHOOLS,  KINDERGARTENS,  NURSERY  SCHOOLS,  TECHNICAL  SCHOOLS,   NIGHT
SCHOOLS,  PART-TIME  OR  CONTINUATION SCHOOLS, VOCATION SCHOOLS, SCHOOLS
FOR ADULTS, SCHOOLS FOR PHYSICALLY OR MENTALLY HANDICAPPED OR DELINQUENT
CHILDREN OR SUCH OTHER SCHOOLS OR CLASSES AS  THE  SUPERINTENDENT  SHALL
DEEM NECESSARY TO MEET THE NEEDS AND DEMANDS OF THE CITY;
  (H) AUTHORIZE THE GENERAL COURSES OF STUDY WHICH SHALL BE GIVEN IN THE
SCHOOLS  AND  TO  APPROVE THE CONTENT OF SUCH COURSES BEFORE THEY BECOME
OPERATIVE;
  (I) AUTHORIZE AND APPROVE THE TEXTBOOKS TO  BE  USED  IN  THE  SCHOOLS
UNDER ITS JURISDICTION;
  (J)  PERFORM SUCH OTHER DUTIES AND POSSESS SUCH OTHER POWERS AS MAY BE
REQUIRED TO ADMINISTER THE AFFAIRS PLACED UNDER ITS CONTROL AND  MANAGE-
MENT, TO EXECUTE ALL POWERS VESTED IN IT, AND TO PROMOTE THE BEST INTER-
ESTS  OF  THE  STUDENTS,  SCHOOLS  AND OTHER ACTIVITIES COMMITTED TO ITS
CARE;
  (K) APPROVE  TRANSPORTATION,  HOME-TEACHING  OR  SPECIAL  CLASSES,  AS
DEFINED UNDER SECTIONS FORTY-FOUR HUNDRED ONE AND FORTY-FOUR HUNDRED TWO
OF  THIS  CHAPTER  FOR PHYSICALLY OR MENTALLY HANDICAPPED AND DELINQUENT
CHILDREN. SUCH TRANSPORTATION, HOME-TEACHING OR  SPECIAL  CLASSES,  WHEN
PROVIDED  PURSUANT  TO  THIS  SUBDIVISION,  SHALL BE GRANTED TO ALL SUCH
CHILDREN IRRESPECTIVE OF THE SCHOOL THEY LEGALLY ATTEND;
  (L) APPROVE ANY CONTRACT PROPOSED BY THE SUPERINTENDENT FOR THE TRANS-
PORTATION OF CHILDREN TO AND FROM ANY SCHOOL OR INSTITUTION OF  LEARNING
WHENEVER  IN  THE  JUDGMENT OF THE SUPERINTENDENT SUCH TRANSPORTATION IS
REQUIRED BECAUSE OF THE REMOTENESS OF THE SCHOOL TO THE PUPIL OR FOR THE
PROMOTION OF THE BEST INTERESTS OF SUCH CHILDREN.  ANY SUCH CONTRACT MAY
BE MADE FOR A PERIOD  NOT  EXCEEDING  FIVE  YEARS,  NOTWITHSTANDING  ANY
PROVISION OF STATE OR LOCAL LAW;
  (M)  APPROVE,  OUTSIDE THE TERRITORIAL LIMITS OF THE CITY DISTRICT BUT
WITHIN THE STATE OR WITHIN AN ADJOINING STATE, THE PROVISION  OF  EDUCA-
TION  FOR  CHILDREN  RESIDENT  WITHIN  THE CITY DISTRICT WHENEVER IN THE
JUDGMENT OF THE BOARD, APPROVED  BY  THE  COMMISSIONER,  THE  HEALTH  OR
WELFARE  OF  SUCH  CHILDREN MAKES SUCH PROVISION NECESSARY OR DESIRABLE,
AND THE AVERAGE DAILY ATTENDANCE OF SUCH PUPILS SHALL BE INCLUDED IN THE
AVERAGE DAILY ATTENDANCE OF SUCH DISTRICT AS CERTIFIED  TO  THE  COMMIS-
SIONER IN THE REPORT OF THE BOARD;
  (N)  APPROVE  THE  PROCESS  DEVELOPED  BY  THE  SUPERINTENDENT FOR THE
RECRUITMENT, SCREENING AND SELECTION OF CANDIDATES  FOR  SCHOOL  PRINCI-
PALS; AND
  (O)  APPROVE  THE  PROCESSES  DEVELOPED  BY THE SUPERINTENDENT FOR THE
SELECTION OF MEMBERS TO THE COMMUNITY SCHOOLS ADVISORY COUNCILS PURSUANT
TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS ARTICLE.
  5. THE BOARD SHALL ADOPT A POLICY PROPOSED BY THE SUPERINTENDENT  THAT
PROMOTES  THE  RECRUITMENT  AND  RETENTION  OF  A  WORKFORCE AT THE CITY
DISTRICT THAT CONSIDERS THE DIVERSITY  OF  THE  STUDENTS  ATTENDING  THE
PUBLIC  SCHOOLS  WITHIN  THE  CITY DISTRICT. THE BOARD SHALL REVIEW AT A
REGULAR PUBLIC MEETING AN ANNUAL REPORT  ISSUED  BY  THE  SUPERINTENDENT

A. 7680                             5

OUTLINING  THE  INITIATIVES  TAKEN  TO  ENHANCE  DIVERSITY AND EQUITY IN
RECRUITMENT AND RETENTION AND THE IMPACTS OF  SUCH  INITIATIVES  TO  THE
CITY WORKFORCE.
  S  2591-E.  SUPERINTENDENT OF SCHOOLS; APPOINTMENT; POWERS AND DUTIES.
1. THE SUPERINTENDENT OF SCHOOLS SHALL BE APPOINTED BY THE MAYOR.    THE
SUPERINTENDENT  MAY BE REMOVED BY THE APPOINTING AUTHORITY WITHOUT PRIOR
APPROVAL.
  2. THE SUPERINTENDENT SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  (A) TO BE THE CHIEF EXECUTIVE OFFICER OF THE CITY DISTRICT, AND  SHALL
BE A NON-VOTING EX OFFICIO MEMBER OF THE BOARD.
  (B)  CONTROL  AND  OPERATE ALL PRE-KINDERGARTEN, ELEMENTARY, SECONDARY
AND SPECIAL EDUCATION SCHOOLS, PROGRAMS AND SERVICES UNDER THE JURISDIC-
TION OF THE CITY DISTRICT.
  (C)  PROMULGATE  MINIMUM  CLEAR  EDUCATIONAL   STANDARDS,   CURRICULUM
REQUIREMENTS  AND FRAMEWORKS AND MANDATORY EDUCATIONAL OBJECTIVES APPLI-
CABLE TO ALL SCHOOLS AND PROGRAMS  THROUGHOUT  THE  CITY  DISTRICT,  AND
EXAMINE  AND  EVALUATE  PERIODICALLY  ALL SUCH SCHOOLS AND PROGRAMS WITH
RESPECT TO:
  (I) COMPLIANCE WITH SUCH EDUCATIONAL STANDARDS AND OTHER REQUIREMENTS,
AND
  (II) THE EDUCATIONAL EFFECTIVENESS OF SUCH SCHOOLS AND PROGRAMS, IN  A
MANNER NOT INCONSISTENT WITH THE POLICIES OF THE BOARD.
  (D)  PREPARE  THE  CONTENT  OF  EACH COURSE OF STUDY AUTHORIZED BY THE
BOARD. THE CONTENT OF EACH SUCH COURSE SHALL BE SUBMITTED TO  THE  BOARD
FOR ITS APPROVAL AND, WHEN APPROVED, THE SUPERINTENDENT SHALL CAUSE SUCH
COURSES OF STUDY TO BE USED IN THE GRADES, CLASSES AND SCHOOLS FOR WHICH
THEY ARE AUTHORIZED.
  (E) PREPARE AND FILE A BUDGET ESTIMATE WITH THE BOARD OF EDUCATION FOR
THE  CITY  DISTRICT PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-I
OF THIS ARTICLE.
  (F) RECOMMEND SUITABLE LISTS OF TEXTBOOKS TO BE USED IN THE SCHOOLS.
  (G) PROMULGATE  POLICIES  ESTABLISHING  EDUCATIONAL,  MANAGERIAL,  AND
ADMINISTRATIVE QUALIFICATIONS, PERFORMANCE RECORD CRITERIA, AND PERFORM-
ANCE STANDARDS FOR THE POSITIONS OF PRINCIPAL.
  (H) ESTABLISH, SUBJECT TO THE APPROVAL OF THE BOARD, A PUBLICLY INCLU-
SIVE  PROCESS FOR THE RECRUITMENT, SCREENING AND SELECTION OF CANDIDATES
FOR SCHOOL PRINCIPALS.
  (I) APPOINT AND HAVE SUPERVISION AND DIRECTION OF  ASSOCIATE,  ASSIST-
ANT,  AND  OTHER  SUPERINTENDENTS,  DIRECTORS,  SUPERVISORS, PRINCIPALS,
TEACHERS, ATTENDANCE OFFICERS, JANITORS AND OTHER  PERSONS  EMPLOYED  IN
THE MANAGEMENT OF THE SCHOOLS OR THE OTHER EDUCATIONAL ACTIVITIES OF THE
CITY AUTHORIZED BY THIS ARTICLE.
  (J) TRANSFER TEACHERS FROM ONE SCHOOL TO ANOTHER, OR FROM ONE GRADE OF
THE  COURSE  OF STUDY TO ANOTHER GRADE IN SUCH COURSE, AND TO SUSPEND AN
ASSOCIATE, ASSISTANT  OR  OTHER  SUPERINTENDENT,  DIRECTOR,  SUPERVISOR,
PRINCIPAL,  TEACHER  OR  OTHER  EMPLOYEE  UNTIL SUCH TIME WHEN ALL FACTS
RELATING TO THE CASE SHALL BE SUBMITTED TO THE BOARD FOR  ITS  CONSIDER-
ATION AND ACTION.
  (K) HAVE SUPERVISION AND DIRECTION OVER THE ENFORCEMENT AND OBSERVANCE
OF  THE  COURSES  OF STUDY, THE EXAMINATION AND PROMOTION OF PUPILS, AND
OVER ALL OTHER MATTERS PERTAINING TO  PLAYGROUNDS,  MEDICAL  INSPECTION,
RECREATION  AND  SOCIAL  CENTER  WORK, LIBRARIES, LECTURES AND ALL OTHER
EDUCATIONAL ACTIVITIES AND INTEREST UNDER THE MANAGEMENT, DIRECTION  AND
CONTROL OF THE BOARD.
  (L)  PROMOTE  THE  INVOLVEMENT AND APPROPRIATE INPUT OF ALL MEMBERS OF
THE SCHOOL COMMUNITY, INCLUDING  PARENTS,  TEACHERS,  AND  OTHER  SCHOOL

A. 7680                             6

PERSONNEL,   INCLUDING,   ESTABLISHING   A  PARENTS'  ASSOCIATION  OR  A
PARENT-TEACHERS' ASSOCIATION IN EACH SCHOOL IN THE CITY DISTRICT.
  (M)  CREATE  STANDARDS,  POLICIES  AND  OBJECTIVES DIRECTLY RELATED TO
MAINTAINING THE INTERNAL FISCAL INTEGRITY OF  ADMINISTRATIVE  OPERATIONS
OF THE CITY DISTRICT.
  (N)  ESTABLISH  UNIFORM  PROCEDURES FOR RECORD KEEPING, ACCOUNTING AND
REPORTING THROUGHOUT THE CITY DISTRICT, INCLUDING PUPIL RECORD  KEEPING,
ACCOUNTING AND REPORTING.
  (O) DEVELOP, SUBJECT TO THE APPROVAL OF THE BOARD, A PROCUREMENT POLI-
CY  FOR THE CITY DISTRICT, CONSISTENT WITH THE PROVISIONS OF SECTION ONE
HUNDRED THREE OF THE GENERAL MUNICIPAL LAW AND MWBE GOALS, WHICH  POLICY
SHALL  INCLUDE  PROVISIONS  FOR EMERGENCY PROCUREMENTS; A PLAN TO ENSURE
THAT ALL INSTRUCTIONAL MATERIALS ARE AVAILABLE IN A  USABLE  ALTERNATIVE
FORMAT  FOR  DISABLED  STUDENTS  PURSUANT TO SUBDIVISION FOUR OF SECTION
TWENTY-FIVE HUNDRED NINETY-ONE-D OF THIS ARTICLE; AND SHALL ALSO INCLUDE
THE REQUIREMENT THAT THE BOARD MUST APPROVE ANY CONTRACT AWARDED BY  THE
CITY DISTRICT OR THE SUPERINTENDENT WHERE:
  (I)  SUCH  CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER THAN COMPET-
ITIVE SEALED BIDDING, INCLUDING BUT NOT LIMITED  TO  COMPETITIVE  SEALED
PROPOSALS,  OR  SOLE  SOURCE  CONTRACTS.  IN  THE  CASE OF A SOLE SOURCE
CONTRACT, PRIOR TO THE SUBMISSION OF  THE  CONTRACT  FOR  APPROVAL,  THE
CORPORATION  COUNSEL OF THE CITY SHALL CERTIFY THAT THE LEGAL AND PROCE-
DURAL REQUISITES FOR  THE  SOLICITATION  AND  AWARD  OF  A  SOLE  SOURCE
CONTRACT HAVE BEEN COMPLIED WITH;
  (II)  SUCH  CONTRACT  PROVIDES  FOR TECHNICAL, CONSULTANT, OR PERSONAL
SERVICES;
  (III) THE VALUE OF  SUCH  CONTRACT  EXCEEDS,  OR  PROJECTS  AN  ANNUAL
EXPENDITURE EXCEEDING, FIFTY THOUSAND DOLLARS; OR
  (IV)  THE  VALUE  OF  ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS
FIFTY THOUSAND DOLLARS ANNUALLY.
  (P) PROVIDE TRANSPORTATION, HOME-TEACHING OR SPECIAL CLASSES FOR PHYS-
ICALLY OR MENTALLY DISABLED AND DELINQUENT  CHILDREN.  SUCH  TRANSPORTA-
TION,  HOME-TEACHING  OR SPECIAL CLASSES, WHEN PROVIDED PURSUANT TO THIS
PARAGRAPH, SHALL BE GRANTED TO ALL SUCH  CHILDREN  IRRESPECTIVE  OF  THE
SCHOOL THEY LEGALLY ATTEND.
  (Q)  ISSUE AN ANNUAL REPORT ON THE PARTICIPATION OF MINORITY AND WOMEN
OWNED BUSINESS ENTERPRISES IN THE CITY DISTRICT'S PROCUREMENT PROCESS.
  (R) ENFORCE ALL PROVISIONS OF LAW AND ALL  POLICIES  RELATING  TO  THE
MANAGEMENT OF THE SCHOOLS AND OTHER EDUCATIONAL, SOCIAL AND RECREATIONAL
ACTIVITIES UNDER THE DIRECTION OF THE BOARD.
  (S) CREATE, ABOLISH, AND CONSOLIDATE SUCH POSITIONS, DIVISIONS, BOARDS
OR  BUREAUS  AS  MAY  BE NECESSARY FOR THE PROPER AND EFFICIENT ADMINIS-
TRATION OF THE CITY DISTRICT.
  (T) HAVE THE CARE, CUSTODY, CONTROL  AND  SAFEKEEPING  OF  ALL  SCHOOL
PROPERTY  OR  OTHER PROPERTY OF THE CITY USED FOR EDUCATIONAL, SOCIAL OR
RECREATIONAL WORK AND NOT SPECIFICALLY PLACED BY LAW UNDER  THE  CONTROL
OF SOME OTHER BODY OR OFFICER, AND TO PRESCRIBE POLICIES FOR THE PRESER-
VATION OF SUCH PROPERTY.
  (U)  ESTABLISH AND MAINTAIN LIBRARIES WHICH MAY BE OPEN TO THE PUBLIC,
TO ORGANIZE AND MAINTAIN PUBLIC LECTURE COURSES, AND  TO  ESTABLISH  AND
EQUIP PLAYGROUNDS, RECREATION CENTERS, SOCIAL CENTERS, AND READING ROOMS
FROM  SUCH  FUNDS  AS  THIS  CHAPTER OR OTHER STATUTES AUTHORIZE AND THE
STATE APPROPRIATES FOR SUCH PURPOSES, AND FROM SUCH OTHER FUNDS  AS  MAY
BE PROVIDED THEREFOR FROM LOCAL TAXATION OR OTHER SOURCES.
  (V)  CONDUCT  AND  MAINTAIN SUCH EXTRA CLASSROOM ACTIVITIES, INCLUDING
THE OPERATION OF CAFETERIAS OR RESTAURANT SERVICE FOR PUPILS AND  TEACH-

A. 7680                             7

ERS,  AS THE SUPERINTENDENT, FROM TIME TO TIME, SHALL DEEM PROPER.  SUCH
CAFETERIAS OR RESTAURANT SERVICE MAY BE USED BY THE COMMUNITY FOR SCHOOL
RELATED FUNCTIONS AND ACTIVITIES AND TO FURNISH  MEALS  TO  THE  ELDERLY
RESIDENTS,  SIXTY YEARS OF AGE OR OLDER, OF THE DISTRICT.  CHARGES SHALL
BE SUFFICIENT TO MEET THE DIRECT COST  OF  PREPARING  AND  SERVING  SUCH
MEALS, REDUCIBLE BY AVAILABLE REIMBURSEMENTS.
  (W)  IN  HIS  OR  HER  DISCRETION, PURCHASE INSURANCE AGAINST PERSONAL
INJURIES INCURRED BY AN AUTHORIZED PARTICIPANT  IN  A  SCHOOL  VOLUNTEER
PROGRAM, INCLUDING BUT NOT LIMITED TO, THOSE AUTHORIZED PARTICIPANTS WHO
ASSIST  ON  SCHOOL  BUSES,  SCHOOL  SPONSORED TRANSPORTATION TO AND FROM
SCHOOL, OR ON SCHOOL SPONSORED FIELD TRIPS OR ANY OTHER SCHOOL SPONSORED
ACTIVITY; PROVIDED, HOWEVER, THAT THE INJURIES WERE INCURRED  WHILE  THE
AUTHORIZED PARTICIPANT WAS FUNCTIONING EITHER WITHIN THE SCOPE OF HIS OR
HER AUTHORIZED VOLUNTEER DUTIES OR UNDER THE DIRECTION OF THE BOARD.
  (X)  WHERE  THE  DISTRICT  HAS  PROVIDED  TRANSPORTATION  TO  STUDENTS
ENROLLED IN SUCH DISTRICT TO A SCHOOL SPONSORED FIELD TRIP, EXTRACURRIC-
ULAR ACTIVITY OR ANY OTHER SIMILAR EVENT, PROVIDE TRANSPORTATION BACK TO
EITHER THE POINT OF DEPARTURE  OR  TO  THE  APPROPRIATE  SCHOOL  IN  THE
DISTRICT, UNLESS THE PARENT OR LEGAL GUARDIAN OF A STUDENT PARTICIPATING
IN  SUCH  EVENT  HAS  PROVIDED  THE SCHOOL DISTRICT WITH WRITTEN NOTICE,
CONSISTENT WITH DISTRICT POLICY,  AUTHORIZING  AN  ALTERNATIVE  FORM  OF
RETURN  TRANSPORTATION  FOR  SUCH  STUDENT OR UNLESS INTERVENING CIRCUM-
STANCES MAKE SUCH TRANSPORTATION IMPRACTICAL. IN CASES WHERE INTERVENING
CIRCUMSTANCES MAKE TRANSPORTATION OF A STUDENT  BACK  TO  THE  POINT  OF
DEPARTURE  OR  TO  THE APPROPRIATE SCHOOL IN THE DISTRICT IMPRACTICAL, A
REPRESENTATIVE OF THE SCHOOL DISTRICT  SHALL  REMAIN  WITH  THE  STUDENT
UNTIL SUCH STUDENT'S PARENT OR LEGAL GUARDIAN HAS BEEN (I) CONTACTED AND
INFORMED OF THE INTERVENING CIRCUMSTANCES WHICH MAKE SUCH TRANSPORTATION
IMPRACTICAL  AND  (II)  SUCH  STUDENT  HAD  BEEN DELIVERED TO HIS OR HER
PARENT OR LEGAL GUARDIAN.
  (Y) QUARTERLY, PREPARE A SCHOOL DISTRICT  REPORT  CARD  IN  ACCORDANCE
WITH  SUBDIVISION  TWENTY-FOUR OF SECTION TWENTY-FIVE HUNDRED FIFTY-FOUR
OF THIS TITLE TO BE SUBMITTED TO THE MAYOR, THE BOARD OF EDUCATION,  THE
TEMPORARY  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
GOVERNOR AND SUCH REPORT CARD SHALL BE PUBLICLY  AVAILABLE  THROUGH  THE
CITY SCHOOL DISTRICT WEBSITE FOR THE COMMUNITY TO REVIEW.
  (Z) IN HIS OR HER DISCRETION, TO PROVIDE UNDER A GROUP INSURANCE POLI-
CY  OR  POLICIES  ISSUED BY ANY INSURANCE COMPANY OR INSURANCE COMPANIES
AUTHORIZED TO DO BUSINESS IN THIS STATE OR UNDER A GROUP CONTRACT ISSUED
BY ONE OR MORE CORPORATIONS SUBJECT TO ARTICLE FORTY-THREE OF THE INSUR-
ANCE LAW, LIFE INSURANCE OR ACCIDENT AND HEALTH  INSURANCE  BENEFITS  OR
MEDICAL AND SURGICAL BENEFITS OR HOSPITAL SERVICE BENEFITS OR ANY TWO OR
MORE  OF  SUCH  KINDS OF BENEFITS TO TEACHERS AND OTHER EMPLOYEES OF THE
SCHOOL DISTRICT WHO PARTICIPATE IN  A  PLAN  OR  PLANS,  AS  HEREINAFTER
PROVIDED. THE DISBURSING OFFICER OF THE SCHOOL DISTRICT IS AUTHORIZED TO
DEDUCT  FROM  THE  SALARY  OF  SUCH  PARTICIPANT  WITH  HIS OR HER PRIOR
CONSENT, IN WRITING, THE SUMS REPRESENTING THE  PARTICIPANT'S  SHARE  OF
THE PREMIUM OR PREMIUMS WHICH ARE PAYABLE BY SUCH OFFICER TO SUCH INSUR-
ANCE  COMPANY  OR  CORPORATION.  THE SUPERINTENDENT IS AUTHORIZED TO PAY
FROM SUCH MONEYS AS ARE AVAILABLE FOR THE PURPOSE, A SHARE OF  THE  COST
OF  SUCH  BENEFIT  OR  BENEFITS IN SUCH AMOUNT AS IS REQUIRED TO BE PAID
UNDER SUCH GROUP INSURANCE POLICY  OR  POLICIES  OR  GROUP  CONTRACT  OR
CONTRACTS  BY  THE  BOARD, AS EMPLOYER. THE SUM TO BE PAID BY THE SUPER-
INTENDENT UNDER SUCH POLICY OR POLICIES OR CONTRACT OR CONTRACTS, IN THE
DISCRETION OF THE SUPERINTENDENT, MAY BE ANY  PERCENTAGE  OF  THE  TOTAL
COST OF THE BENEFIT OR BENEFITS INCLUDING THE WHOLE THEREOF.

A. 7680                             8

  (AA) DEVELOP A PROCESS, TO BE APPROVED BY THE BOARD, FOR THE SELECTION
OF  MEMBERS  TO  THE  COMMUNITY  SCHOOLS  ADVISORY  COUNCILS PURSUANT TO
SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS ARTICLE.
  3. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, PUBLIC
SCHOOLS  WITHIN  THE  CITY  DISTRICT  SHALL  BE  CLOSED  PURSUANT TO THE
REQUIREMENTS OF THIS SUBDIVISION.
  (A) THE SUPERINTENDENT SHALL DEVELOP A PROTOCOL  FOR  SCHOOL  CLOSURES
THAT  SHALL  BE  APPROVED BY THE BOARD OF EDUCATION. SUCH PROTOCOL SHALL
INCLUDE THE ESTABLISHMENT OF QUANTIFIABLE  STANDARDS  AND  CRITERIA  FOR
EVERY PROPOSED SCHOOL CLOSURE THAT ADDRESS:
  (I)  THE SCHOOL'S ACADEMIC PERFORMANCE, INCLUDING STANDARDS AND CRITE-
RIA TO IDENTIFY FOR CLOSURE THE PERSISTENTLY LOWEST-ACHIEVING SCHOOLS IN
THE CITY SCHOOL DISTRICT THAT TAKE INTO ACCOUNT STUDENT  PERFORMANCE  ON
EXISTING STATE ASSESSMENTS AND GRADUATION RATES;
  (II)  THE  SCHOOL'S  RESPONSIVENESS  TO PREVIOUS SCHOOL IMPROVEMENT OR
TURNAROUND EFFORTS; AND
  (III) THE CURRENT AND  PROJECTED  PUPIL  ENROLLMENT  OF  THE  AFFECTED
SCHOOL AND THE PROSPECTIVE NEED FOR SUCH SCHOOL BUILDING.
  (B)  THE  SUPERINTENDENT  SHALL PREPARE A SCHOOL CLOSURE PLAN FOR EACH
PROPOSED CLOSURE BASED ON THE PROTOCOL ESTABLISHED PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION THAT SHALL INCLUDE THE FOLLOWING INFORMATION:
  (I) THE RAMIFICATIONS OF  SUCH  SCHOOL  CLOSURE  UPON  THE  COMMUNITY,
INITIAL COSTS AND SAVINGS RESULTING FROM SUCH SCHOOL CLOSURE, THE POTEN-
TIAL DISPOSABILITY OF ANY CLOSED SCHOOL;
  (II)  THE  IMPACTS  OF  THE  PROPOSED  SCHOOL  CLOSURE TO ANY AFFECTED
STUDENTS AND THE ABILITY OF OTHER SCHOOLS IN THE AFFECTED  COMMUNITY  TO
ACCOMMODATE PUPILS FOLLOWING THE SCHOOL CLOSURE;
  (III) AN OUTLINE OF ANY PROPOSED OR POTENTIAL USE OF THE SCHOOL BUILD-
ING FOR OTHER EDUCATIONAL PROGRAMS OR ADMINISTRATIVE SERVICES;
  (IV)  THE  EFFECT OF SUCH SCHOOL CLOSURE ON PERSONNEL NEEDS, THE COSTS
OF  INSTRUCTION,  ADMINISTRATION,  TRANSPORTATION,  AND  OTHER   SUPPORT
SERVICES; AND
  (V)  THE  TYPE,  AGE,  AND PHYSICAL CONDITION OF SUCH SCHOOL BUILDING,
MAINTENANCE, AND ENERGY COSTS, RECENT OR PLANNED  IMPROVEMENTS  TO  SUCH
SCHOOL BUILDING, AND SUCH BUILDING'S SPECIAL FEATURES.
  (C) SUCH SCHOOL CLOSURE PLAN SHALL BE MADE PUBLICLY AVAILABLE, INCLUD-
ING  VIA  THE BOARD OF EDUCATION'S OFFICIAL INTERNET WEBSITE, AND A COPY
SHALL ALSO BE FILED WITH THE AFFECTED COMMUNITY SCHOOLS ADVISORY COUNCIL
AT LEAST SIX MONTHS IN ADVANCE  OF  THE  FIRST  DAY  OF  SCHOOL  IN  THE
SUCCEEDING SCHOOL YEAR.
  (D) WITHIN SIXTY DAYS FOLLOWING THE FILING OF THE SCHOOL CLOSURE PLAN,
THE  SUPERINTENDENT  SHALL HOLD A JOINT PUBLIC HEARING WITH THE IMPACTED
COMMUNITY SCHOOLS ADVISORY COUNCIL AT THE SCHOOL THAT IS SUBJECT TO  THE
PROPOSED  SCHOOL  CLOSING,  AND  SHALL  ALLOW  ALL INTERESTED PARTIES AN
OPPORTUNITY TO PRESENT  COMMENTS  OR  CONCERNS  REGARDING  THE  PROPOSED
SCHOOL  CLOSING.  THE  SUPERINTENDENT  SHALL  ENSURE THAT NOTICE OF SUCH
JOINT HEARING IS WIDELY AND CONSPICUOUSLY POSTED IN  SUCH  A  MANNER  TO
MAXIMIZE THE NUMBER OF AFFECTED INDIVIDUALS THAT RECEIVE NOTICE, INCLUD-
ING  PROVIDING  NOTICE  TO AFFECTED PARENTS AND STUDENTS AND THE ELECTED
STATE AND LOCAL OFFICIALS WHO REPRESENT THE AFFECTED COMMUNITIES.
  (E) THE SUPERINTENDENT SHALL RENDER A DECISION ON ALL PROPOSED  SCHOOL
CLOSURES;  PROVIDED,  HOWEVER,  A  SCHOOL  CLOSURE SHALL NOT TAKE EFFECT
UNTIL ALL THE PROVISIONS OF THIS SUBDIVISION HAVE BEEN SATISFIED AND THE
SCHOOL YEAR IN WHICH THE DECISION TO CLOSE SUCH  SCHOOL  WAS  MADE,  HAS
ENDED.

A. 7680                             9

  4. THE SUPERINTENDENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO-
RY  RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES PURSU-
ANT TO SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER,  WHO  DO  NOT
HOLD  VALID  CLEARANCE  PURSUANT  TO SUCH SECTION OR PURSUANT TO SECTION
THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR
TWELVE  HUNDRED  TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW IN ACCORD-
ANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION  TWENTY-FIVE   OF   SECTION
TWENTY-FIVE HUNDRED FIFTY-FOUR OF THIS TITLE.
  5.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE THE SUPER-
INTENDENT TO BE OR ACT AS A CHARTER ENTITY PURSUANT TO ARTICLE FIFTY-SIX
OF THIS TITLE.
  S 2591-F. COMMUNITY SCHOOLS ADVISORY COUNCILS; COMPOSITION; POWERS AND
DUTIES. 1. (A) THERE SHALL BE ESTABLISHED A COMMUNITY  SCHOOLS  ADVISORY
COUNCIL.  THE  COUNCIL SHALL CONSIST OF AT LEAST SIX VOTING MEMBERS, ONE
FROM EACH CITY SCHOOL SUBDISTRICT, WHO:
  (I) SHALL BE A RESIDENT OF THE CITY DISTRICT;
  (II) SHALL BE AN ELIGIBLE VOTER  PURSUANT  TO  SECTION  5-102  OF  THE
ELECTION LAW;
  (III) MAY BE A PARENT OF A CHILD ATTENDING A SCHOOL LOCATED WITHIN THE
COUNCIL  DISTRICT  AND  SELECTED  BY  THE PRESIDENTS AND OFFICERS OF THE
PARENTS'  ASSOCIATIONS  OR  PARENT-TEACHERS'  ASSOCIATIONS  OF   SCHOOLS
LOCATED IN THE CITY SCHOOL SUBDISTRICT;
  (IV) MAY BE A TEACHER WITHIN THE CITY SCHOOL SUBDISTRICT; AND
  (V) MAY BE A COMMUNITY LEADER IN A NON-ELECTED ROLE.
  (B)  SUCH MEMBERS SHALL SERVE FOR A TERM OF TWO YEARS AND SHALL NOT BE
PAID A SALARY OR STIPEND, BUT SHALL BE REIMBURSED  FOR  ALL  ACTUAL  AND
NECESSARY EXPENSES AT THE DISCRETION OF THE BOARD OF EDUCATION.
  2. (A) THE SUPERINTENDENT SHALL:
  (I) DEVELOP SELECTION PROCEDURES TO BE APPROVED BY THE BOARD FOR ADVI-
SORY  COUNCIL  MEMBERS  WHICH,  TO  THE  MAXIMUM  EXTENT POSSIBLE, SHALL
ATTEMPT TO ENSURE A MEMBERSHIP THAT REFLECTS A REPRESENTATIVE CROSS-SEC-
TION OF THE COMMUNITIES WITHIN THE CITY SCHOOL SUBDISTRICT AND DIVERSITY
OF THE STUDENT POPULATION INCLUDING THOSE  WITH  PARTICULAR  EDUCATIONAL
NEEDS;
  (II) REQUIRE FINANCIAL DISCLOSURE BY THE APPOINTEES;
  (III)  ESTABLISH  POLICIES  PROHIBITING  POLITICAL ENDORSEMENTS OF AND
CAMPAIGN CONTRIBUTIONS TO NOMINEES; AND
  (IV) BEGINNING IN SEPTEMBER OF EACH SCHOOL YEAR AND  CONTINUING  UNTIL
THE   DATE  OF  SELECTION,  ENSURE  THE  DISTRIBUTION  OF  INFORMATIONAL
PAMPHLETS TO PARENTS AND ADDITIONAL INFORMATION REGARDING ADVISORY COUN-
CIL ROLES, FUNCTIONS, AND ACTIVITIES, INCLUDING UPCOMING PARENTS'  ASSO-
CIATION  AND  PARENT-TEACHERS' ASSOCIATION ELECTIONS, CANDIDATE INFORMA-
TION, AND THE NATURE OF THE SELECTION PROCESS.
  (B) THE ADVISORY COUNCIL MEMBERS SHALL BE CHOSEN  BY  THE  SUPERINTEN-
DENT.
  (C)  THE  ADVISORY  COUNCIL  SHALL SELECT ONE OF ITS VOTING MEMBERS TO
SERVE AS CHAIR, AND SHALL ALSO APPOINT, FROM AMONG ITS MEMBERS, A SECRE-
TARY, WHO SHALL PERFORM THE FOLLOWING FUNCTIONS:
  (I) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
  (II) RECORD AND MAINTAIN ACCOUNTS OF PROCEEDINGS  AND  OTHER  ADVISORY
COUNCIL MEETINGS; AND
  (III) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATE-
RIALS FOR SUCH MEETINGS.
  3.  (A)  NO  PERSON  SHALL  BE ELIGIBLE FOR MEMBERSHIP ON THE ADVISORY
COUNCIL IF HE OR SHE HOLDS ANY ELECTIVE PUBLIC OFFICE OR ANY ELECTIVE OR
APPOINTED PARTY POSITION EXCEPT THAT OF DELEGATE OR  ALTERNATE  DELEGATE

A. 7680                            10

TO A NATIONAL, STATE, JUDICIAL OR OTHER PARTY CONVENTION, OR MEMBER OF A
COUNTY COMMITTEE.
  (B)  A  PERSON  SHALL BE PERMANENTLY INELIGIBLE FOR APPOINTMENT TO THE
ADVISORY COUNCIL IF ANY OF THE FOLLOWING APPLIES TO THEM:
  (I) AN ACT OF MALFEASANCE DIRECTLY RELATED TO HIS OR  HER  SERVICE  ON
THE ADVISORY COUNCIL; OR
  (II)  CONVICTION  OF A CRIME, IF SUCH CRIME IS DIRECTLY RELATED TO HIS
OR HER SERVICE ON THE ADVISORY COUNCIL.
  (C) VACANCIES SHALL BE FILLED BY THE SUPERINTENDENT FOR  AN  UNEXPIRED
TERM.
  4.  THE  ADVISORY  COUNCIL  SHALL HAVE THE FOLLOWING POWERS AND DUTIES
WITH RESPECT TO ALL PRE-KINDERGARTEN, PRIMARY, COMMUNITY  AND  SECONDARY
SCHOOLS AND PROGRAMS IN THE COUNCIL DISTRICT. THE ADVISORY COUNCIL SHALL
HAVE  NO EXECUTIVE OR ADMINISTRATIVE POWERS OR FUNCTIONS, BUT SHALL HAVE
THE FOLLOWING POWERS AND DUTIES:
  (A) PROMOTE ACHIEVEMENT OF EDUCATIONAL STANDARDS, A CULTURALLY  COMPE-
TENT ENVIRONMENT AND OBJECTIVES RELATING TO THE INSTRUCTION OF STUDENTS.
  (B)  REVIEW, CONDUCT PUBLIC HEARINGS AND COMMENT ON THE ITEMIZED ESTI-
MATE PREPARED BY THE  SUPERINTENDENT  PURSUANT  TO  SECTION  TWENTY-FIVE
HUNDRED NINETY-ONE-I OF THIS ARTICLE AND SUBMIT ANY COMMENTS OR TESTIMO-
NY BY THE PUBLIC TO THE SUPERINTENDENT.
  (C)  CONDUCT  A JOINT PUBLIC HEARING WITH THE SUPERINTENDENT REGARDING
ANY PROPOSED SCHOOL CLOSING OF ANY  PUBLIC  SCHOOL  LOCATED  WITHIN  THE
COUNCIL DISTRICT PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF
THIS ARTICLE.
  (D)  CONDUCT  REGULAR  MEETINGS WITH THE SUPERINTENDENT TO DISCUSS THE
CURRENT STATE OF THE SCHOOLS IN THE COUNCIL DISTRICT.
  (E) REVIEW THE COUNCIL  DISTRICT'S  EDUCATIONAL  PROGRAMS  AND  ASSESS
THEIR EFFECT ON STUDENT ACHIEVEMENT.
  (F)  PROVIDE  INPUT,  AS IT DEEMS NECESSARY, TO THE SUPERINTENDENT AND
THE BOARD ON MATTERS OF CONCERN TO THE CITY SCHOOL SUBDISTRICT.
  (G) EXAMINE THE ISSUES OF SPECIAL EDUCATION, ENGLISH LANGUAGE LEARNERS
AND THE HEALTH AND MENTAL HEALTH NEEDS OF THE DISTRICT.
  S 2591-G. APPOINTMENT OF  TEACHERS,  ADMINISTRATORS,  SUPERVISORS  AND
OTHER  EMPLOYEES.    1.  TEACHERS  AND ALL OTHER MEMBERS OF THE TEACHING
STAFF OF THE CITY DISTRICT SHALL BE APPOINTED BY THE  SUPERINTENDENT  OF
SCHOOLS  FOR  A  PROBATIONARY  PERIOD OF THREE YEARS, EXCEPT THAT IN THE
CASE OF A TEACHER WHO HAS RENDERED SATISFACTORY  SERVICE  AS  A  REGULAR
SUBSTITUTE  FOR  A  PERIOD  OF TWO YEARS OR AS A SEASONALLY LICENSED PER
SESSION TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPAC-
ITY FOR A PERIOD OF TWO YEARS AND HAS BEEN APPOINTED TO TEACH  THE  SAME
SUBJECT  IN  DAY  SCHOOLS  ON  AN ANNUAL SALARY, THE PROBATIONARY PERIOD
SHALL BE LIMITED TO ONE YEAR; PROVIDED, HOWEVER, THAT IN THE CASE  OF  A
TEACHER  WHO  HAS  BEEN  APPOINTED  ON TENURE IN ANOTHER SCHOOL DISTRICT
WITHIN THE STATE, THE SCHOOL DISTRICT WHERE  CURRENTLY  EMPLOYED,  OR  A
BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES, AND WHO WAS NOT DISMISSED
FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT  PURSUANT  TO
SUBDIVISION  ONE OF SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER, THE
PROBATIONARY PERIOD SHALL NOT EXCEED TWO YEARS. THE SERVICE OF A  PERSON
APPOINTED  TO  ANY  OF  SUCH  POSITIONS  MAY BE DISCONTINUED AT ANY TIME
DURING SUCH PROBATIONARY PERIOD BY THE SUPERINTENDENT OF  SCHOOLS.  EACH
PERSON  WHO  IS NOT TO BE RECOMMENDED FOR APPOINTMENT ON TENURE SHALL BE
SO NOTIFIED BY THE SUPERINTENDENT OF SCHOOLS IN WRITING NOT  LATER  THAN
SIXTY DAYS IMMEDIATELY PRECEDING THE EXPIRATION OF HIS OR HER PROBATION-
ARY PERIOD.  FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS CHAP-

A. 7680                            11

TER  AND  BY  THE  REGULATIONS  OF  THE  COMMISSIONER SHALL BE CAUSE FOR
REMOVAL.
  2.  ADMINISTRATORS,  PRINCIPALS,  DIRECTORS, SUPERVISORS AND ALL OTHER
MEMBERS OF THE SUPERVISING STAFF SHALL BE APPOINTED BY  THE  SUPERINTEN-
DENT  FOR  A PROBATIONARY PERIOD OF THREE YEARS. SCHOOL PRINCIPALS SHALL
BE SELECTED PURSUANT TO A PUBLICLY-INCLUSIVE PROCESS  FOR  THE  RECRUIT-
MENT,  SCREENING  AND SELECTION OF CANDIDATES FOR PRINCIPAL DEVELOPED BY
THE SUPERINTENDENT AND APPROVED BY THE BOARD. THE SERVICE  OF  A  PERSON
APPOINTED  TO  ANY  OF  SUCH  POSITIONS  MAY BE DISCONTINUED AT ANY TIME
DURING THE PROBATIONARY PERIOD BY THE SUPERINTENDENT OF SCHOOLS.
  3. CLERKS, DRAFTSMEN, INSPECTORS, CHEMISTS, TABULATING MACHINE  OPERA-
TORS,  SECRETARIES,  STENOGRAPHERS,  COPYISTS,  STATISTICIANS, JANITORS,
CUSTODIANS, CUSTODIAN-ENGINEERS AND ALL OTHER  ADMINISTRATIVE  EMPLOYEES
OF  THE  CITY DISTRICT, UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, SHALL
BE APPOINTED FOR A PROBATIONARY PERIOD PROVIDED IN THE CIVIL SERVICE LAW
AND REGULATIONS BASED THEREON. THE SERVICE OF A PERSON APPOINTED TO  ANY
OF  SUCH POSITIONS MAY BE DISCONTINUED BY THE SUPERINTENDENT AT ANY TIME
DURING SUCH PROBATIONARY PERIOD. SUCH PERSONS WHO HAVE SERVED  THE  FULL
PROBATIONARY  PERIOD  SHALL  HOLD THEIR RESPECTIVE POSITIONS DURING GOOD
BEHAVIOR AND EFFICIENT AND COMPETENT SERVICE, AND SHALL NOT  BE  REMOVED
EXCEPT FOR CAUSE.
  4.  NO  PRINCIPAL, SUPERVISOR, DIRECTOR, OR TEACHER SHALL BE APPOINTED
TO THE TEACHING FORCE OF A CITY  WHO  DOES  NOT  POSSESS  QUALIFICATIONS
REQUIRED  UNDER THIS CHAPTER AND UNDER THE REGULATIONS PRESCRIBED BY THE
COMMISSIONER FOR THE PERSONS EMPLOYED IN SUCH POSITIONS IN  THE  SCHOOLS
OF  THE  CITIES OF THE STATE, BUT THE SUPERINTENDENT MAY PRESCRIBE ADDI-
TIONAL OR HIGHER QUALIFICATIONS FOR THE PERSONS EMPLOYED IN ANY OF  SUCH
POSITIONS.
  5.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, NO PERIOD IN
ANY SCHOOL YEAR FOR WHICH THERE IS NO REQUIRED SERVICE AND/OR FOR  WHICH
NO  COMPENSATION  IS  PROVIDED  SHALL IN ANY EVENT CONSTITUTE A BREAK OR
SUSPENSION OF PROBATIONARY PERIOD OR CONTINUITY OF TENURE RIGHTS OF  ANY
OF THE PERSONS DESCRIBED IN THIS SECTION.
  S  2591-H. SCHOOL PRINCIPALS; SELECTION PROCESS; POWERS AND DUTIES. 1.
THE PRINCIPAL SHALL BE THE ADMINISTRATIVE AND  INSTRUCTIONAL  LEADER  OF
THE SCHOOL.
  2. THE SUPERINTENDENT SHALL APPOINT A PRINCIPAL PURSUANT TO A PROCESS,
WHICH  SHALL  BE APPROVED BY THE BOARD, THAT PROMOTES PARENTAL AND STAFF
INVOLVEMENT IN THE RECRUITMENT, SCREENING, INTERVIEWING AND  RECOMMENDA-
TION  OF CANDIDATES FOR SCHOOL PRINCIPAL. CANDIDATES MUST MEET THE LEGAL
AND REGULATORY REQUIREMENTS ESTABLISHING  EDUCATIONAL,  MANAGERIAL,  AND
ADMINISTRATIVE  QUALIFICATIONS, INCLUDING EVALUATION OF EACH CANDIDATE'S
RECORD OF PERFORMANCE IN COMPARABLE POSITIONS.
  3. SUBJECT TO THE  REGULATIONS  OF  THE  COMMISSIONER  AND  APPLICABLE
COLLECTIVE BARGAINING AGREEMENTS AND OBLIGATIONS, THE PRINCIPAL SHALL BE
RESPONSIBLE  FOR  THE DAY TO DAY OPERATION OF THE SCHOOL AND SHALL CARRY
OUT THE FOLLOWING DUTIES IN  CONSULTATION  WITH  PARENTS,  TEACHERS  AND
OTHER STAFF:
  (A)  PROMOTE  AN  EQUAL  EDUCATIONAL  OPPORTUNITY  FOR STUDENTS IN THE
SCHOOL,
  (B) (I) SURVEY THE ENVIRONMENT OF THE SCHOOL AND ITS SURROUNDINGS  AND
ISSUE AN ANNUAL REPORT THAT ASSESSES THE NEED FOR RESOURCES OR SERVICES,
SUCH  AS  INCREASING SAFETY, IMPROVING INFRASTRUCTURE, AND OTHER CHANGES
THAT COULD BE IMPLEMENTED TO IMPROVE OR ENHANCE THE QUALITY OF  LIFE  OF
THE NEIGHBORHOOD WHERE THE SCHOOL IS LOCATED.

A. 7680                            12

  (II)  IN  PREPARING  THE  REPORT,  THE PRINCIPAL SHALL, TO THE MAXIMUM
EXTENT AS  PRACTICABLE,  SEEK  AND  CONSIDER  COMMENTS  AND  INPUT  FROM
AFFECTED  STAKEHOLDERS, INCLUDING STUDENTS, TEACHERS, PARENTS, AND OTHER
INTERESTED COMMUNITY MEMBERS. THE PRINCIPAL SHALL SUBMIT THE REPORT  AND
RECOMMENDATIONS TO THE SUPERINTENDENT.
  (C)  MANAGE AND OPERATE THE SCHOOL BUILDING AND OTHER FACILITIES UNDER
HIS OR HER JURISDICTION.
  S 2591-I. BUDGETARY AND FISCAL PROCESSES. 1.  (A)  THE  SUPERINTENDENT
SHALL  PREPARE  ANNUALLY AN ITEMIZED ESTIMATE FOR THE CURRENT OR ENSUING
FISCAL YEAR OF SUCH SUM OF MONEY AS HE OR SHE MAY DEEM NECESSARY FOR THE
PURPOSES STATED IN THIS SECTION,  AFTER  CREDITING  THERETO  THE  AMOUNT
ANTICIPATED IN THE NEXT APPORTIONMENT OF SCHOOL FUNDS FROM THE STATE AND
THE  ESTIMATED AMOUNT TO BE RECEIVED FROM ALL OTHER SOURCES.  SUCH ESTI-
MATE SHALL BE FILED WITH THE BOARD OF DIRECTORS.
  (B) SUCH ESTIMATES SHALL BE FOR THE FOLLOWING PURPOSES:
  (I) THE SALARY OF THE SUPERINTENDENT OF SCHOOLS, ASSOCIATE OR  ASSIST-
ANT OR OTHER SUPERINTENDENTS, EXAMINERS, DIRECTORS, SUPERVISORS, PRINCI-
PALS,  TEACHERS,  LECTURERS,  SPECIAL  INSTRUCTORS,  MEDICAL INSPECTORS,
NURSES, ATTENDANCE OFFICERS, CLERKS, CUSTODIANS AND  JANITORS;  AND  THE
SALARY,  FEES  OR  COMPENSATION  OF  ALL  OTHER  EMPLOYEES  APPOINTED OR
EMPLOYED BY THE SUPERINTENDENT, INCLUDING STAFF ASSIGNED TO  THE  BOARD.
IN  ADDITION, THE EXPENSES OF PERSONNEL UTILIZED TO FULFILL THE INTERNAL
AUDIT FUNCTION PURSUANT TO SECTION TWENTY-ONE HUNDRED SIXTEEN-B OF  THIS
TITLE.
  (II) THE OTHER NECESSARY INCIDENTAL AND CONTINGENT EXPENSES, INCLUDING
ORDINARY  REPAIRS  TO  BUILDINGS  AND  THE  PURCHASE  OF FUEL AND LIGHT,
SUPPLIES, TEXTBOOKS, SCHOOL APPARATUS, BOOKS, FURNITURE AND FIXTURES AND
OTHER ARTICLES AND SERVICE NECESSARY FOR THE PROPER MAINTENANCE,  OPERA-
TION AND SUPPORT OF THE SCHOOLS, LIBRARIES AND OTHER EDUCATIONAL, SOCIAL
OR RECREATIONAL AFFAIRS AND INTERESTS OF THE CITY DISTRICT.
  (III)  THE  REMODELING  OR ENLARGING OF BUILDINGS REQUIRED BY THE CITY
DISTRICT, THE CONSTRUCTION OF NEW BUILDINGS FOR USES AUTHORIZED BY  THIS
CHAPTER  AND  THE FURNISHING AND EQUIPMENT THEREOF, THE PURCHASE OF REAL
PROPERTY FOR NEW SITES,  ADDITIONS  TO  PRESENT  SITES,  PLAYGROUNDS  OR
RECREATION CENTERS AND OTHER EDUCATIONAL OR SOCIAL PURPOSES, AND TO MEET
ANY  OTHER  INDEBTEDNESS  OR  LIABILITY INCURRED UNDER THE PROVISIONS OF
THIS CHAPTER OR OTHER STATUTES, OR ANY OTHER EXPENSES WHICH THE BOARD IS
AUTHORIZED TO INCUR. NOTHING CONTAINED IN THIS CHAPTER SHALL PREVENT THE
FINANCING, IN WHOLE OR IN PART, OF ANY EXPENDITURE  ENUMERATED  IN  THIS
SUBDIVISION PURSUANT TO THE LOCAL FINANCE LAW.
  2. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS:
  (I)  "CITY FUNDS" SHALL MEAN FUNDS OF THE CITY OF BUFFALO DERIVED FROM
ANY SOURCE EXCEPT FUNDS CONTAINED WITHIN THE CAPITAL BUDGET, FUNDS  FROM
COUNTY  SALES TAX REVENUES SHARED WITH SUCH CITY, FUNDS DERIVED FROM ANY
FEDERAL SOURCE AND FUNDS DERIVED FROM ANY STATE OR PRIVATE SOURCES  OVER
WHICH  THE  CITY  HAS  NO  DISCRETION,  AS DEFINED IN REGULATIONS OF THE
COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET.
  (II) "CITY AMOUNT" SHALL MEAN THE TOTAL AMOUNT OF EXPENDITURES  FUNDED
BY  CITY  FUNDS FOR THE SUPPORT OF THE CITY DISTRICT, NOT INCLUDING CITY
PAYMENTS TO BOND OR NOTE HOLDERS  FOR  DEBT  SERVICE  PAYMENTS  OF  SUCH
DISTRICT, AS CONTAINED WITHIN THE BUDGET AS ADOPTED BY SUCH CITY.
  (III) "BASE YEAR" SHALL MEAN THE FISCAL YEAR IMMEDIATELY PRECEDING THE
FISCAL  YEAR  FOR  WHICH  THE BUDGET REFERRED TO IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH IS ADOPTED.  THE INITIAL BASE YEAR SHALL  BE  THE  FISCAL
YEAR ENDING JUNE THIRTIETH, TWO THOUSAND FIFTEEN.

A. 7680                            13

  (B)  THE  CITY AMOUNT SHALL NOT BE LESS THAN THE CITY AMOUNT APPROPRI-
ATED IN THE BASE YEAR DETERMINED AT THE TIME OF ADOPTION OF  THE  BUDGET
FOR  THE ENSUING FISCAL YEAR, AND SHALL NOT BE LESS THAN THE CITY AMOUNT
EXPENDED IN THE BASE YEAR DETERMINED AS OF THE END OF THE  SCHOOL  YEAR.
PROVIDED,  HOWEVER,  IN  THE EVENT THE TOTAL AMOUNT OF CITY FUNDS RELIED
UPON TO BALANCE SUCH BUDGET IS LOWER THAN THE TOTAL AMOUNT OF CITY FUNDS
APPROPRIATED IN THE BASE YEAR, AS DETERMINED AT THE TIME OF ADOPTION  OF
SUCH BUDGET, THE CITY AMOUNT MAY BE REDUCED BY UP TO THE SAME PERCENTAGE
AS  THE  OVERALL PERCENTAGE DECREASE IN CITY FUNDS BETWEEN THE BASE YEAR
AND THE ENSUING FISCAL YEAR. THE CITY SHALL NOT USE OR  SPEND  THE  CITY
AMOUNT  FOR  ANY  PURPOSES  OTHER  THAN  IN  DIRECT  SUPPORT OF THE CITY
DISTRICT.
  (C) THE SCHOOL DISTRICT AUDIT REPORT CERTIFIED TO  BY  AN  INDEPENDENT
CERTIFIED  PUBLIC  ACCOUNTANT  OR  AN INDEPENDENT ACCOUNTANT PURSUANT TO
SECTION TWENTY-ONE HUNDRED SIXTEEN-A OF THIS TITLE FOR THE TWO  THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR BUDGET AND ANNUALLY THEREAFTER
SHALL INCLUDE A CERTIFICATION BY THE ACCOUNTANT, IN A FORM PRESCRIBED BY
THE  COMMISSIONER UPON APPROVAL OF THE DIRECTOR OF THE BUDGET, AS TO THE
CITY AMOUNT EXPENDED IN THE SCHOOL YEAR COVERED BY  SUCH  AUDIT  REPORT,
THE  CITY  AMOUNT  IN  THE  PRIOR  SCHOOL YEAR, AND THAT THE CITY AMOUNT
EXPENDED IN THE SCHOOL YEAR COVERED BY SUCH AUDIT REPORT IS  IN  COMPLI-
ANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION.
  3. THE SUPERINTENDENT MAY, TO MEET OR RESPOND TO EMERGENCIES WHICH MAY
ARISE,  SUBMIT  A  SPECIAL  ESTIMATE  IN  WHICH  ITEMS FOR EXTRAORDINARY
EXPENSES MAY BE SUBMITTED TO MEET SUCH EMERGENCIES. SUCH ESTIMATE  SHALL
CONTAIN  A  COMPLETE  STATEMENT  OF THE PURPOSES FOR WHICH THE ITEMS ARE
REQUESTED AND THE NECESSITY THEREFOR. THE SAME METHOD OF PROCEDURE SHALL
BE FOLLOWED IN SUBMITTING SUCH  ESTIMATE  AND  SUCH  ESTIMATE  SHALL  BE
SUBJECT  TO  THE  SAME  CONSIDERATION  AND  ACTION AS IS REQUIRED IN THE
SUBMISSION, CONSIDERATION AND ACTION UPON THE  REGULAR  ANNUAL  ESTIMATE
SUBMITTED  BY THE SUPERINTENDENT. THE COMMON COUNCIL SHALL HAVE POWER TO
MAKE THE APPROPRIATIONS REQUESTED BY THE SUPERINTENDENT IN SUCH  SPECIAL
ESTIMATE.
  4.  THE  BOARD  SHALL  NOT  INCUR A LIABILITY OR AN EXPENSE CHARGEABLE
AGAINST THE FUNDS UNDER ITS CONTROL OR  THE  CITY  FOR  ANY  PURPOSE  IN
EXCESS  OF  THE  AMOUNT  APPROPRIATED OR AVAILABLE THEREFOR OR OTHERWISE
AUTHORIZED BY LAW.
  S 2591-J. CUSTODY AND DISBURSEMENT OF FUNDS. 1. PUBLIC  MONEYS  APPOR-
TIONED TO THE CITY BY THE STATE AND ALL FUNDS RAISED OR COLLECTED BY THE
AUTHORITIES  IN  THE CITY FOR SCHOOL PURPOSES OR TO BE USED BY THE BOARD
FOR ANY PURPOSE AUTHORIZED IN THIS ARTICLE, OR ANY OTHER FUNDS BELONGING
TO THE  CITY  AND  RECEIVED  FROM  ANY  SOURCE  WHATSOEVER  FOR  SIMILAR
PURPOSES,  SHALL  BE  PAID  INTO  THE TREASURY OF SUCH CITY AND SHALL BE
CREDITED TO THE BOARD. THE FUNDS SO RECEIVED INTO SUCH TREASURY SHALL BE
KEPT SEPARATE AND DISTINCT FROM ANY OTHER FUNDS RECEIVED INTO  THE  SAID
TREASURY.  THE  OFFICER  HAVING THE CHARGE THEREOF SHALL GIVE SUCH ADDI-
TIONAL SECURITY FOR THE SAFE CUSTODY THEREOF AS THE  CORPORATE  AUTHORI-
TIES OF SUCH CITY SHALL REQUIRE.
  2.  SUCH FUNDS SHALL BE DISBURSED BY AUTHORITY OF THE BOARD UPON WRIT-
TEN ORDERS DRAWN ON THE CITY TREASURER OR OTHER FISCAL  OFFICER  OF  THE
CITY.  SUCH  ORDERS SHALL BE SIGNED BY THE SUPERINTENDENT OF SCHOOLS AND
THE CLAIMS AUDITOR. ORDERS SHALL BE  NUMBERED  CONSECUTIVELY  AND  SHALL
SPECIFY  THE  PURPOSE  FOR WHICH THEY ARE DRAWN AND THE PERSON OR CORPO-
RATION TO WHOM THEY ARE PAYABLE. THE CLAIMS AUDITOR  SHALL  ENSURE  THAT
ORDERS  COMPLY  WITH THE APPROPRIATE POLICIES AND PROCEDURES OF THE CITY
SCHOOL DISTRICT PRIOR  TO  APPROVAL  FOR  PAYMENT,  INCLUDING  WITH  THE

A. 7680                            14

PROCUREMENT  POLICY  PROPOSED  BY THE SUPERINTENDENT PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-ONE-E OF THIS ARTICLE  AND  APPROVED  BY  THE
BOARD PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-D OF THIS ARTI-
CLE.  CLAIMS  AGAINST THE CITY SCHOOL DISTRICT SHALL NOT BE PAID WITHOUT
PRIOR AUDIT AND APPROVAL BY THE CLAIMS AUDITOR.
  3. FIXED SALARIES, PRINCIPAL  OF  AND  INTEREST  ON  INDEBTEDNESS  AND
AMOUNTS  BECOMING  DUE  UPON  LAWFUL CONTRACTS FOR PERIODS EXCEEDING ONE
YEAR MAY BE DISBURSED WITHOUT PRIOR AUDIT OF THE  BOARD  OR  THE  CLAIMS
AUDITOR.  BY  RESOLUTION  DULY ADOPTED, THE BOARD MAY DETERMINE TO ENTER
INTO A CONTRACT TO PROVIDE FOR THE DEPOSIT OF THE  PERIODIC  PAYROLL  OF
THE  SCHOOL  DISTRICT  IN A BANK OR TRUST COMPANY FOR DISBURSAL BY IT IN
ACCORDANCE WITH PROVISIONS OF SECTION NINETY-SIX-B OF THE BANKING LAW.
  4. IT SHALL BE UNLAWFUL FOR A CITY TREASURER OR OTHER  OFFICER  HAVING
THE CUSTODY OF SUCH CITY FUNDS TO PERMIT THEIR USE FOR ANY PURPOSE OTHER
THAN THAT FOR WHICH THEY ARE LAWFULLY AUTHORIZED; THEY SHALL BE PAID OUT
ONLY  ON  AUDIT  OF  THE CLAIMS AUDITOR OR AS OTHERWISE PROVIDED BY LAW.
PAYMENTS FROM SUCH FUNDS SHALL BE MADE ONLY  BY  CHECKS  SIGNED  BY  THE
TREASURER OR OTHER CUSTODIAN OF SUCH MONEYS AND PAYABLE TO THE PERSON OR
PERSONS  ENTITLED  THERETO AND COUNTERSIGNED BY AN OFFICER DESIGNATED BY
THE OFFICER OR BODY HAVING THE GENERAL CONTROL OF THE FINANCIAL  AFFAIRS
OF  SUCH CITY.  THE BOARD SHALL MAKE, IN ADDITION TO SUCH CLASSIFICATION
OF ITS FUNDS AND ACCOUNTS AS IT DESIRES FOR ITS OWN USE AND INFORMATION,
SUCH FURTHER CLASSIFICATION  OF  THE  FUNDS  UNDER  ITS  MANAGEMENT  AND
CONTROL  AND  OF THE DISBURSEMENTS THEREOF AS THE OFFICER OR BODY HAVING
THE GENERAL CONTROL  OF  THE  FINANCIAL  AFFAIRS  OF  SUCH  CITY,  SHALL
REQUIRE,  AND  SUCH  BOARD  SHALL  FURNISH SUCH DATA IN RELATION TO SUCH
FUNDS AND THEIR DISBURSEMENTS AS THE FINANCIAL OFFICER OR  BODY  OF  THE
CITY SHALL REQUIRE.
  S  3.  Section 2552 of the education law, as amended by chapter 138 of
the laws of 1974, is amended to read as follows:
  S 2552. Board of education.  The board of education of each such  city
school  district  is  hereby  continued. The educational affairs in each
such city school district shall be  under  the  general  management  and
control  of  a  board of education to consist of not less than three and
not more than nine members, to be chosen as hereinafter provided, and to
be known as members of the board of education, except that the board  of
education  of  the city school district of the city of New York shall be
constituted as provided in article fifty-two-A of this [chapter]  TITLE,
AND  EXCEPT  FURTHER  THAT  THE  BOARD  OF  EDUCATION OF THE CITY SCHOOL
DISTRICT OF THE CITY OF BUFFALO SHALL  BE  CONSTITUTED  AS  PROVIDED  IN
ARTICLE  FIFTY-TWO-B  OF THIS TITLE.  The number of members on the board
of education of each such city school district shall continue to  be  as
follows:
  a. [City school district of the city of Buffalo: nine members.
  b.] City school district of the city of Rochester: seven members.
  [c.] B. City school district of the city of Syracuse: seven members.
  [d.] C. City school district of the city of Yonkers: nine members.
  S 4. Subdivisions 1, 2, 4, 5, 6 and 8 of section 2553 of the education
law,  subdivision 1 as separately amended by chapters 211 and 441 of the
laws of 1980, subdivisions 2, 4 and 5 as added by  chapter  242  of  the
laws  of  1974,  subdivision  6 as amended by chapter 211 of the laws of
1980 and subdivision 8 as amended by chapter 762 of the laws of 1950 and
as renumbered by chapter 330 of the laws of 1969, are amended to read as
follows:
  1. No person shall be eligible to the office of member of a  board  of
education  who  is not a citizen of the United States, who is not quali-

A. 7680                            15

fied to register for or vote at  an  election  in  accordance  with  the
provisions of section 5-106 of the election law, and who, in the case of
the city school district of the city of Yonkers, has not been a resident
of  the  city school district for which he OR SHE is chosen for a period
of at least three years immediately preceding the date  of  his  OR  HER
election  or  appointment  and  who,  [in  the  case  of the city school
district of the city of Buffalo, in the case of a member to  be  elected
at  large  is not a qualified voter of such city school district and who
has not been a resident of such district for a period of at least  three
years  immediately preceding the date of his election and in the case of
a member elected from a city school subdistrict is not a qualified voter
of such city school subdistrict and has not been a resident of the  city
school  district  for  three  years  and  a  resident of the city school
subdistrict which he represents or seeks to represent for  a  period  of
one  year  immediately  preceding the date of his election, and who,] in
the case of the city school district of the city of Rochester, is not  a
qualified  voter  under  section  5-102 of the election law of such city
school district; and who in the case of the city school district of  the
city  of  Syracuse has not been a qualified voter under section 5-102 of
the election law of such city school district for at least  ninety  days
immediately preceding the date of his OR HER election or appointment.
  2.  In  the city school districts of the cities of Rochester and Syra-
cuse the members of such board of  education  shall  be  chosen  by  the
voters  at  large at either a general or municipal election, or at both.
[In the city school district of the city of Buffalo the members of  such
board  of education shall be chosen pursuant to the provisions of subdi-
vision ten of this section.]
  4. In the city school districts of the following cities, the terms  of
such members shall be as follows:
  a. Rochester: Four Years;
  b. Syracuse: Four Years;
  c. Yonkers: Five Years.
  5.  The terms of one-fifth of all the members of a board of education,
or of a fraction as close to one-fifth thereof as possible, shall expire
annually on the  first  Tuesday  in  May,  except  in  the  city  school
districts of the cities of [Buffalo,] Rochester and Syracuse.
  6.  If a vacancy occurs other than by expiration of term in the office
of a member of a board of education in a district in which such  members
are  elected  at  a general or municipal election, such vacancy shall be
filled by appointment by the mayor until the next general  or  municipal
election is held, and such vacancy shall then be filled at such election
for  the  unexpired portion of such term, except that in the city school
district of the city of Rochester  any  such  vacancy  shall  be  filled
pursuant  to  the  provisions  of  subdivision nine of this section [and
except further that any such vacancy on the board of  education  of  the
city  school district of the city of Buffalo shall be filled pursuant to
the provisions of subdivision ten of this section].
  8. A member of a board of education who publicly declares that  he  OR
SHE  will  not  accept or serve in the office of member of such board of
education, or refuses or neglects to attend three successive meetings of
such board, of which he OR SHE is duly  notified,  without  rendering  a
good  and  valid  excuse  therefor to the other members of such board of
education, vacates his OR HER office by refusal to serve.
  S 5. Subdivision 10 of section 2553 of the education law is REPEALED.

A. 7680                            16

  S 6. The opening paragraph of section 2554 of the  education  law,  as
amended  by  chapter  91  of  the  laws  of  2002, is amended to read as
follows:
  Subject to the provisions of this chapter, the board of education in a
city,  except  the  city  board of the city of New York AND THE BOARD OF
EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO, shall have
the power and it shall be its duty:
  S 7. Subdivision 2 of section 2554 of the education law, as amended by
chapter 27 of the laws of 2012, is amended to read as follows:
  2. To create, abolish, maintain and consolidate such positions,  divi-
sions,  boards  or bureaus as, in its judgment, may be necessary for the
proper and efficient administration of its work;  to  appoint  a  super-
intendent  of  schools,  such  associate,  assistant, district and other
superintendents, examiners, directors, supervisors,  principals,  teach-
ers,  lecturers,  special instructors, medical inspectors, nurses, audi-
tors, attendance officers, secretaries, clerks, custodians, janitors and
other employees and other persons or experts in educational,  social  or
recreational  work  or  in  the  business management or direction of its
affairs as said  board  shall  determine  necessary  for  the  efficient
management  of  the  schools and other educational, social, recreational
and business activities; provided, however,  that  in  the  city  school
[districts]  DISTRICT of the [cities] CITY of [Buffalo,] Rochester[, and
Syracuse] appointment of associate, assistant and  district  superinten-
dents,  and  other  supervising staff who are excluded from the right to
bargain collectively pursuant to article fourteen of the  civil  service
law  shall,  within  the  amounts budgeted for such positions, be by the
superintendent of such city school  district;  and  to  determine  their
duties except as otherwise provided herein.
  S  8. Subdivision 2-a of section 2554 of the education law, as amended
by section 16 of subpart F of part C of chapter 97 of the laws of  2011,
is amended to read as follows:
  2-a.  a.  In  its  discretion  to  adopt a resolution establishing the
office of claims auditor and appoint a claims auditor who shall hold his
or her position subject to the pleasure of the board. In its discretion,
the board may adopt a resolution establishing one  or  more  offices  of
deputy  claims auditor who shall act as claims auditor in the absence of
the claims auditor. Such claims auditor shall  report  directly  to  the
board  of  education. No person shall be eligible for appointment to the
office of claims auditor or deputy claims auditor who shall be
  (1) a member of the board of education;
  (2) a clerk or treasurer of the board of education;
  (3) the superintendent of schools or other official  of  the  district
responsible for business management;
  (4) the person designated as purchasing agent; or
  (5) clerical or professional personnel directly involved in accounting
and purchasing functions of the school district.
  b.  The  positions of claims auditor or deputy claims auditor shall be
classified in the exempt class of civil service. The board of education,
at any time after the establishment of the office of claims  auditor  or
deputy  claims  auditor,  may  adopt a resolution abolishing the office;
PROVIDED, HOWEVER, THAT THE  BOARD  OF  EDUCATION  OF  THE  CITY  SCHOOL
DISTRICT OF THE CITY OF BUFFALO SHALL NOT ABOLISH SUCH OFFICE.  When the
office  of claims auditor shall have been established and a claims audi-
tor shall have been appointed and shall have qualified, the  powers  and
duties  of  the  board  of  education with respect to auditing accounts,
charges, claims or  demands  against  the  city  school  district  shall

A. 7680                            17

devolve  upon and thereafter be exercised by such claims auditor, during
the continuance of the office. The board of education shall be permitted
to delegate the claims audit function to one or more  independent  enti-
ties  by  using (1) inter-municipal cooperative agreements, or (2) inde-
pendent contractors, to fulfill this function.
  c. When the board of education delegates  the  claims  audit  function
using  an  inter-municipal cooperative agreement, shared service author-
ized by section nineteen hundred fifty of this title, or an  independent
contractor,  the  board shall be responsible for auditing all claims for
services from the entity providing the delegated claims auditor,  either
directly or through a delegation to a different independent entity.
  S 9. Subdivision 1 of section 2563 of the education law, as amended by
chapter 228 of the laws of 1971, is amended to read as follows:
  1.  The  annual  meeting  of a board of education shall be held on the
second Tuesday in May, at four o'clock in the afternoon, at which  meet-
ing the board shall select a president for the ensuing year, except that
the  annual  meeting  of  the  board  of  education  of  the city school
[district] DISTRICTS of the [city] CITIES of New York AND BUFFALO  shall
be held on the first Tuesday in July.
  S  10.  Subdivision 6 of section 2566 of the education law, as amended
by chapter 27 of the laws of 2012, is amended to read as follows:
  6. To have supervision and direction of associate, assistant, district
and other superintendents, directors, supervisors, principals, teachers,
lecturers, medical inspectors, nurses, claims  auditors,  deputy  claims
auditors,  attendance  officers,  janitors and other persons employed in
the management of the schools or the other educational activities of the
city authorized by this chapter and under the direction  and  management
of  the  board of education, except that in the city school districts of
the cities of [Buffalo,] Rochester[,]  and  Syracuse  to  also  appoint,
within  the  amounts  budgeted  therefor,  such associate, assistant and
district  superintendents  and  all  other  supervising  staff  who  are
excluded  from  the  right  to  bargain collectively pursuant to article
fourteen of the civil service law; to transfer teachers from one  school
to another, or from one grade of the course of study to another grade in
such  course, and to report immediately such transfers to said board for
its consideration and action; to  report  to  said  board  of  education
violations  of  regulations and cases of insubordination, and to suspend
an associate, assistant, district  or  other  superintendent,  director,
supervisor,  expert, principal, teacher or other employee until the next
regular meeting of the board, when all facts relating to the case  shall
be submitted to the board for its consideration and action.
  S  11.  Subdivision 3 of section 2573 of the education law, as amended
by chapter 27 of the laws of 2012, is amended to read as follows:
  3.  Associate  superintendents,  examiners  and  all  other  employees
authorized  by  section  twenty-five hundred fifty-four of this article,
except as otherwise provided in subdivision one of this  section,  shall
be  appointed  by  the board of education except that in the city school
districts of the cities of [Buffalo,]  Rochester[,]  and  Syracuse,  the
associate,  assistant  and district superintendents and all other super-
vising staff who are excluded from the  right  to  bargain  collectively
pursuant  to  article  fourteen  of  the  civil  service  law  shall  be
appointed, within amounts budgeted therefor, by  the  superintendent  of
such  city school district. In a city having a population of one million
or more, such appointments shall be made on  nomination  of  the  super-
intendent  of schools. Notwithstanding any other provision in this chap-
ter to the contrary, whenever an associate superintendent of schools  in

A. 7680                            18

the  employ  of  the board of education in a city having a population of
one million or more fails of reappointment, said person shall  be  imme-
diately  appointed an assistant superintendent of schools with permanent
appointment  as  said  term permanent appointment is defined in subdivi-
sions four, five and six of this section. The salary of  such  assistant
superintendent shall be less than the salary of an associate superinten-
dent, but said differential in salary shall not exceed ten per centum of
the  annual  salary  of  an associate superintendent of schools.   When,
however, an associate superintendent of schools who fails of  reappoint-
ment  has  to  his  OR  HER  credit thirty or more years of city service
including ten or more years of service as such associate  superintendent
of  schools, he OR SHE shall suffer no reduction of salary or of pension
prospects while serving as such assistant superintendent of schools.
  S 12. Subdivision 4 of section 2576 of the education law is REPEALED.
  S 13. The terms of office of the members of the board of education  of
the  city  of  Buffalo shall expire two years after the date of appoint-
ment.  As of the effective date of this section the mayor of the city of
Buffalo shall appoint a board of education for such city school district
pursuant to section 2591-c of the education law as added by section  two
of  this act.  The mayor shall appoint nine members for a two-year term.
The members of the board of education established  pursuant  to  section
2591-c  of  the  education law as added by section two of this act shall
take office as of the effective date of this section.
  S 14.   Notwithstanding any provisions of law  to  the  contrary,  the
board  of  education  of the city school district of the city of Buffalo
and the city school district of the  city  of  Buffalo,  as  established
pursuant to article 52 of the education law, are prohibited from re-neg-
otiating  or  otherwise amending any collective bargaining agreements or
other contracts that expire or end on a date after the board  of  educa-
tion, as established pursuant to section 2591-c of the education law, as
added  by section two of this act, takes office. With respect to collec-
tive bargaining agreements that expire or end prior to the date that the
board of education, as established pursuant to  section  2591-c  of  the
education  law,  as  added by section two of this act, takes office, the
board of education or such city school district may only  negotiate  and
enter  into  a new contract for a period that ends on December 31, 2016.
With respect to contracts, other than collective bargaining  agreements,
that  expire  or  end  prior to the date that the board of education, as
established pursuant to section 2591-c of the education law, as added by
section two of this act, takes office, or are  entered  into  after  the
effective  date  of this act, the board of education or such city school
district may only negotiate and enter into a new contract for  a  period
that  ends  sixty  days  after  the date that the board of education, as
established pursuant to section 2591-c of the education law, as added by
section two of this act, takes office.
  S 15. The provisions of article 52 of the education law shall continue
to apply to the city school district of the city of  Buffalo,  provided,
however,  that where any of the provisions of article 52-B of the educa-
tion law are inconsistent with the  provisions  of  article  52  of  the
education  law  pertaining  to  governance of the city of Buffalo school
district, the provisions of article 52 of the  education  law  shall  be
superseded and the provisions of article 52-B of the education law shall
apply.
  S  16.  Severability.   If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to be invalid and after exhaustion of all further judicial review,

A. 7680                            19

the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its  operation  to  the  clause,  sentence,
paragraph,  section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
  S  17. This act shall take effect immediately; provided, however, that
the amendments to the opening paragraph of section 2554 of the education
law made by section six of this act shall not affect the  expiration  of
such  paragraph  and  shall  expire  on  the same date as such paragraph
expires pursuant to section 34 of chapter 91 of the  laws  of  2002,  as
amended,  or  expire  and  be  deemed  repealed July 31, 2017, whichever
occurs first; provided further that sections two,  three,  four,  seven,
nine,  ten,  eleven,  twelve and fifteen of this act shall expire and be
deemed repealed July 31, 2017.

senate Bill S5151

2015-2016 Legislative Session

Increases the amount recipients of enhanced residential care may maintain in a personal allowance account and payments to the aged, blind and disabled

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 09, 2016 reported and committed to finance
Jan 25, 2016 print number 5151a
amend and recommit to social services
Jan 06, 2016 referred to social services
May 28, 2015 reported and committed to finance
May 05, 2015 referred to social services

Bill Amendments

S5151
S5151A
S5151
S5151A

Co-Sponsors

view additional co-sponsors

S5151 - Bill Details

See Assembly Version of this Bill:
A7393A
Current Committee:
Senate Finance
Law Section:
Social Services Law
Laws Affected:
Amd §§209 & 131-o, Soc Serv L

S5151 - Bill Texts

view summary

Increases the amount recipients of enhanced residential care may maintain in a personal allowance account and payments to the aged, blind and disabled.

view sponsor memo
BILL NUMBER:S5151

TITLE OF BILL:

An act to amend the social services law, in relation to additional
state payments to aged, blind and disabled and personal allowance
accounts for individuals receiving enhanced residential care

PURPOSE OR GENERAL IDEA OF BILL:

This bill would increase the state share of supplemental security
benefits and the personal needs allowances for low-income individuals
residing in adult care facilities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Social Services Law section 209(2) to: (1) increase
the state share of supplemental security income (SSI) benefits by $174
per month beginning in April 1, 2016; and (2) provide for an annual
cost of living adjustment (COLA) to the state share of SSI benefits by
the same percentage, if any, of any federal COLA in that year.

Section 2 amends Social Services Law section 131-o to increase the
personal needs allowance for low-income individuals residing in adult
care facilities by $24 per month beginning April 1, 2016.

Section 3 provides for an immediate effective date.

EXISTING LAW:

Social Services Law section 209 currently provides for a total SSI
benefit of $1,427 per month to low-income individuals residing in
adult care facilities. Social Services Law section 131-o currently
provides for a personal needs allowance of $193 per month for such
individuals.

The personal needs allowance of $193 per month is deducted from the
$1,427 per month SSI benefit and set aside for resident to use on
personal needs, leaving approximately $1,234 per month - or
approximately $41 per day - to be paid to the adult care facility for
housing and a wide array of care and services.

JUSTIFICATION:

Currently, adult care facilities (ACFs) are paid only $41 per day to
provide housing and a wide array of care and services to SSI
residents, including three meals per day, housekeeping, activities,
supervision, case management, medication assistance and hands-on
personal care.

The last time the State increased its share of the SSI rate was in
2007, and the last increase before that was 17 years earlier. With one
rate increase in 2 decades - and no State COLA - the SSI rate has
fallen far behind the costs of providing housing, care and services.
As a result, many ACFs that cater solely to this low-income SSI
population have been forced to close their doors in recent years and
move their residents out of their homes.


When a facility closes, a number of the SSI residents end up moving to
a higher level of care at a far greater cost to the State. For
example, for every displaced SSI resident who ends up in a nursing
home, the daily cost of housing and caring for the State increases
dramatically from $41/day to approximately $150/day to 250/day in a
nursing home under Medicaid. When one facility in Upstate recently
closed in December 2014, 8 of the remaining 14 SSI residents moved
into higher levels of care.

A modest increase in the State share of the SSI rate - together with
an annual State COLA - will help ACFs to continue providing quality
care and services to SSI recipients and help avoid future facility
closures.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

No fiscal impact in State fiscal year 2015-16. Beginning in State
fiscal year 2016-17, the estimated fiscal impact is approximately $25
to $30 million per year (depending on the amount of the annual COLA),
which will be offset each year by Medicaid savings due to avoided
nursing home placements.

EFFECTIVE DATE:

This act shall take effect immediately, but the rate increases
provided therein will first occur on April 1, 2016.

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

                                  5151

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 5, 2015
                               ___________

Introduced by Sens. LITTLE, DeFRANCISCO -- read twice and ordered print-
  ed,  and  when  printed  to  be  committed  to the Committee on Social
  Services

AN ACT to amend the social services law, in relation to additional state
  payments to aged, blind and disabled and personal  allowance  accounts
  for individuals receiving enhanced residential care

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

  Section 1. Paragraph (c) of subdivision 1  of  section  131-o  of  the
social  services law, as amended by section 1 of part I of chapter 56 of
the laws of 2015, is amended to read as follows:
  (c) (1) in the case of each individual receiving enhanced  residential
care, an amount equal to at least $193.00 for each month beginning on or
after January first, two thousand fifteen.
  (2)  IN  THE  CASE  OF  EACH INDIVIDUAL RECEIVING ENHANCED RESIDENTIAL
CARE, AN AMOUNT EQUAL TO AT LEAST $217.00 FOR EACH MONTH BEGINNING ON OR
AFTER APRIL FIRST, TWO THOUSAND SIXTEEN.
  S 2. Paragraphs (e) and (f) of subdivision 2 of  section  209  of  the
social  services law, as amended by section 2 of part I of chapter 56 of
the laws of 2015, are amended to read as follows:
  (e) (i) (1) On and after January first, two thousand fifteen,  for  an
eligible  individual  receiving enhanced residential care, $1427.00; and
[(ii)] (2) for an eligible couple receiving enhanced  residential  care,
two  times the amount set forth in [subparagraph (i)] CLAUSE ONE of this
[paragraph] SUBPARAGRAPH.
  (II) (1) ON AND AFTER APRIL FIRST, TWO THOUSAND SIXTEEN, FOR AN ELIGI-
BLE INDIVIDUAL RECEIVING ENHANCED RESIDENTIAL CARE,  $1601.00;  AND  (2)
FOR  AN  ELIGIBLE  COUPLE RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES
THE AMOUNT SET FORTH IN CLAUSE ONE OF THIS SUBPARAGRAPH.
  (f) (I) The amounts set forth in paragraphs (a) through  (e)  of  this
subdivision  shall  be  increased  to  reflect  any increases in federal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10862-01-5

S. 5151                             2

supplemental security income benefits for individuals or  couples  which
become  effective  on  or  after January first, two thousand sixteen but
prior to June thirtieth, two thousand sixteen.
  (II)  IN  ADDITION TO THE AMOUNTS PROVIDED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH, ON AND AFTER APRIL FIRST, TWO  THOUSAND  SIXTEEN,  THE  ADDI-
TIONAL  STATE  PAYMENT PORTION OF THE AMOUNTS SET FORTH IN PARAGRAPH (E)
OF THIS SUBDIVISION SHALL BE ANNUALLY INCREASED BY THE  SAME  PERCENTAGE
OF  ANY  FEDERAL  SUPPLEMENTAL SECURITY INCOME COST OF LIVING ADJUSTMENT
WHICH BECOMES EFFECTIVE ON OR AFTER JANUARY FIRST,  BUT  PRIOR  TO  JUNE
THIRTIETH, OF EACH CALENDAR YEAR, ROUNDED TO THE NEAREST WHOLE DOLLAR.
  S  3.  This  act  shall  take  effect on the same date and in the same
manner as part I of chapter 56 of the laws of 2015, takes effect.

Co-Sponsors

view additional co-sponsors

S5151A - Bill Details

See Assembly Version of this Bill:
A7393A
Current Committee:
Senate Finance
Law Section:
Social Services Law
Laws Affected:
Amd §§209 & 131-o, Soc Serv L

S5151A - Bill Texts

view summary

Increases the amount recipients of enhanced residential care may maintain in a personal allowance account and payments to the aged, blind and disabled.

view sponsor memo
BILL NUMBER: S5151A

TITLE OF BILL : An act to amend the social services law, in relation
to additional state payments to aged, blind and disabled and personal
allowance accounts for individuals receiving enhanced residential care

PURPOSE OR GENERAL IDEA OF BILL :

This bill would increase the state share of supplemental security
benefits and the personal needs allowances for low-income individuals
residing in adult care facilities.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends Social Services Law section 209(2) to: (1) increase
the state share of supplemental security income (SSI) benefits by $261
month beginning in April 1, 2016; and (2) provide for an annual cost
of living adjustment (COLA) to the state share of SSI benefits by the
same percentage, if any, of any federal COLA in that year.


Section 2 amends Social Services Law section 131-o to increase the
personal needs allowance for low-income individuals residing in adult
care facilities by $36 per month beginning April 1, 2016.

Section 3 provides for an immediate effective date.

EXISTING LAW :

Social Services Law section 209 currently provides for a total SSI
benefit of $1,427 per month to low-income individuals residing in
adult care facilities. Social Services Law section 131-o currently
provides for a personal needs allowance of $193 per month for such
individuals.

The personal needs allowance of $193 per month is deducted from the
$1,427 per month SSI benefit and set aside for resident to use on
personal needs, leaving approximately $1,234 per month - or
approximately $41 per day - to be paid to the adult care facility for
housing and a wide array of care and services.

JUSTIFICATION :

Currently, adult care facilities (ACFs) are paid only $41 per day to
provide housing and a wide array of care and services to SSI
residents, including three meals per day, housekeeping, activities,
supervision, case management, medication assistance and hands-on
personal care.

The last time the State increased its share of the SSI rate was in
2007, and the last increase before that was 17 years earlier. With one
rate increase in 2 decades - and no State COLA - the SSI rate has
fallen far behind the costs of providing housing, care and services.
As a result, many ACFs that cater solely to this low-income SSI
population have been forced to close their doors in recent years and
move their residents out of their homes.

When a facility closes, a number of the SSI residents end up moving to
a higher level of care at a far greater cost to the State. For
example, for every displaced SSI resident who ends up in a nursing
home, the daily cost of housing and caring for the State increases
dramatically from $41/day to approximately $150/day to 250/day in a
nursing home under Medicaid. When one facility in Upstate recently
closed in December 2014, 8 of the remaining 14 SSI residents moved
into higher levels of care.

A modest increase in the State share of the SSI rate - together with
an annual State COLA - will help ACFs to continue providing quality
care and services to SSI recipients and help avoid future facility
closures.

PRIOR LEGISLATIVE HISTORY :

New Bill.

FISCAL IMPLICATIONS :

Beginning in State fiscal year 2016-17, the estimated fiscal impact is
approximately $38 million per year (depending on the amount of the
annual COLA), which will be offset each year by Medicaid savings due
to avoided nursing home placements.

EFFECTIVE DATE :
This act shall take effect immediately, but the rate increases
provided therein will first occur on April 1, 2016.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5151--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 5, 2015
                               ___________

Introduced  by Sens. LITTLE, DeFRANCISCO, FARLEY, FELDER, FUNKE, GOLDEN,
  MURPHY, RITCHIE, SERINO, SEWARD, VALESKY --  read  twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Social
  Services -- recommitted to the Committee on Social Services in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the social services law, in relation to additional state
  payments to aged, blind and disabled and personal  allowance  accounts
  for individuals receiving enhanced residential care

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

  Section 1. Paragraph (c) of subdivision 1  of  section  131-o  of  the
social  services law, as amended by section 1 of part I of chapter 56 of
the laws of 2015, is amended to read as follows:
  (c) (1) in the case of each individual receiving enhanced  residential
care, an amount equal to at least $193.00 for each month beginning on or
after January first, two thousand fifteen.
  (2)  IN  THE  CASE  OF  EACH INDIVIDUAL RECEIVING ENHANCED RESIDENTIAL
CARE, AN AMOUNT EQUAL TO AT LEAST $229.00 FOR EACH MONTH BEGINNING ON OR
AFTER APRIL FIRST, TWO THOUSAND SIXTEEN.
  S 2. Paragraphs (e) and (f) of subdivision 2 of  section  209  of  the
social  services law, as amended by section 2 of part I of chapter 56 of
the laws of 2015, are amended to read as follows:
  (e) (i) (1) On and after January first, two thousand fifteen,  for  an
eligible  individual  receiving enhanced residential care, $1427.00; and
[(ii)] (2) for an eligible couple receiving enhanced  residential  care,
two  times the amount set forth in [subparagraph (i)] CLAUSE ONE of this
[paragraph] SUBPARAGRAPH.
  (II) (1) ON AND AFTER APRIL FIRST, TWO THOUSAND SIXTEEN, FOR AN ELIGI-
BLE INDIVIDUAL RECEIVING ENHANCED RESIDENTIAL CARE,  $1688.00;  AND  (2)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10862-05-6

S. 5151--A                          2

FOR  AN  ELIGIBLE  COUPLE RECEIVING ENHANCED RESIDENTIAL CARE, TWO TIMES
THE AMOUNT SET FORTH IN CLAUSE ONE OF THIS SUBPARAGRAPH.
  (f)  (I)  The  amounts set forth in paragraphs (a) through (e) of this
subdivision shall be increased  to  reflect  any  increases  in  federal
supplemental  security  income benefits for individuals or couples which
become effective on or after January first,  two  thousand  sixteen  but
prior to June thirtieth, two thousand sixteen.
  (II)  IN  ADDITION TO THE AMOUNTS PROVIDED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH, ON AND AFTER APRIL FIRST, TWO  THOUSAND  SIXTEEN,  THE  ADDI-
TIONAL  STATE  PAYMENT PORTION OF THE AMOUNTS SET FORTH IN PARAGRAPH (E)
OF THIS SUBDIVISION SHALL BE ANNUALLY INCREASED BY THE  SAME  PERCENTAGE
OF  ANY  FEDERAL  SUPPLEMENTAL SECURITY INCOME COST OF LIVING ADJUSTMENT
WHICH BECOMES EFFECTIVE ON OR AFTER JANUARY FIRST,  BUT  PRIOR  TO  JUNE
THIRTIETH, OF EACH CALENDAR YEAR, ROUNDED TO THE NEAREST WHOLE DOLLAR.
  S 3. This act shall take effect immediately.

assembly Bill A7461

2015-2016 Legislative Session

Relates to labeling requirements for fish wholesalers

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 14, 2016 print number 7461b
amend and recommit to ways and means
May 10, 2016 reported referred to ways and means
May 04, 2016 print number 7461a
amend and recommit to agriculture
Jan 06, 2016 referred to agriculture
May 12, 2015 referred to agriculture

Bill Amendments

A7461
A7461A
A7461B
A7461
A7461A
A7461B

Co-Sponsors

A7461 - Bill Details

Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §214-o, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S1147C
2013-2014: S7730

A7461 - Bill Texts

view summary

Requires certain information to be included on labeling of fish by fish wholesalers.

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

                                  7461

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2015
                               ___________

Introduced  by M. of A. KIM, BRAUNSTEIN -- read once and referred to the
  Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to labeling
  requirements for fish wholesalers

  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 214-o to read as follows:
  S 214-O. LABELING REQUIREMENTS FOR FISH WHOLESALERS.   ANY  WHOLESALER
OF FISH AND/OR SEAFOOD MAY ONLY SELL SUCH FISH OR SEAFOOD THAT IS EDIBLE
OR  OTHERWISE  SALEABLE  FOR  CONSUMPTION  PURPOSES,  IN SEALED, CLEARLY
LABELED CONTAINERS.   THE LABELS MUST INCLUDE THE  FOLLOWING:    1.  THE
IDENTITY  OF  THE COMMODITY, 2. THE WEIGHT OF THE COMMODITY, 3. THE NAME
AND ADDRESS OF THE SHIPPER, PACKER, OR DISTRIBUTOR,  4.  THE  STATE  AND
COUNTY OF COMMODITY ORIGIN, AND 5. DATE OF HARVEST.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02239-04-5

Co-Sponsors

A7461A - Bill Details

Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §214-o, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S1147C
2013-2014: S7730

A7461A - Bill Texts

view summary

Requires certain information to be included on labeling of fish by fish wholesalers.

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

                                 7461--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2015
                               ___________

Introduced  by M. of A. KIM, BRAUNSTEIN -- read once and referred to the
  Committee on Agriculture -- recommitted to the Committee  on  Agricul-
  ture  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the agriculture and markets law, in relation to labeling
  requirements for fish wholesalers

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

  Section 1. Subdivision 2 of section 190 of the agriculture and markets
law,  as added by chapter 874 of the laws of 1977, is amended to read as
follows:
  2. (A) All food and food products which are sold, offered  or  exposed
for sale by wholesalers, packers, distributors or jobbers shall be sold,
or offered or exposed for sale by net weight, standard measure or numer-
ical count and shall be plainly marked, in such form or manner as may be
prescribed by the commissioner, by such person offering the food or food
products for sale except that it shall not be necessary to so mark meat,
meat  products  or  fish, other than shellfish in natural form, provided
the net weight be stated on  a  written  invoice  and  on  the  shipping
container of the meat, meat product or fish.
  (B)  THE  COMMISSIONER  SHALL  PROMULGATE REGULATIONS, CONSISTENT WITH
APPLICABLE FEDERAL LAWS AND REGULATIONS, FOR THE SALE OF FRESH  FISH  OR
SEAFOOD  IN  A  NATURAL  FORM  BY  WHOLESALERS, PACKERS, DISTRIBUTORS OR
JOBBERS SPECIFYING THE MANNER THAT THE  NET  WEIGHT  OF  SUCH  FISH  AND
SEAFOOD  IS  PROVIDED  TO  PURCHASERS,  INCLUDING,  BUT  NOT LIMITED TO,
ACCOUNTING FOR THE WEIGHT OF ICE OR OTHER  METHODS  OF  PRESERVATION  IN
CONTAINERS  OR  PACKAGING  TO  ENSURE  THAT SUCH NET WEIGHTS OF FISH AND
SEAFOOD ARE ACCURATE AND CONSISTENT. SUCH REGULATIONS SHALL ALSO PROVIDE
FOR THE IDENTIFICATION OF THE SPECIES OR NAME OF THE  FISH  OR  SEAFOOD,
THE GEOGRAPHIC ORIGIN OF IT, AND THE DATE OF HARVEST.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02239-09-6

A. 7461--A                          2

  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law; provided, however, that the commissioner is
authorized to promulgate any and all rules and regulations and take  any
other  measures necessary to implement this act on or before such effec-
tive date.

Co-Sponsors

A7461B - Bill Details

Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §214-o, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S1147C
2013-2014: S7730

A7461B - Bill Texts

view summary

Requires certain information to be included on labeling of fish by fish wholesalers.

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

                                 7461--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2015
                               ___________

Introduced  by M. of A. KIM, BRAUNSTEIN -- read once and referred to the
  Committee on Agriculture -- recommitted to the Committee  on  Agricul-
  ture  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- reported and referred to the  Committee  on  Ways
  and  Means -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the agriculture and markets law, in relation to labeling
  requirements for fish wholesalers

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

  Section  1.    Subdivision  2  of  section  190 of the agriculture and
markets law, as added by chapter 874 of the laws of 1977, is amended  to
read as follows:
  2.  All  food and food products which are sold, offered or exposed for
sale by wholesalers, packers, distributors or jobbers shall be sold,  or
offered or exposed for sale by net weight, standard measure or numerical
count  and  shall  be  plainly  marked, in such form or manner as may be
prescribed by the commissioner, by such person offering the food or food
products  for  sale  except  that,  UNLESS  REQUIRED  PURSUANT  TO   THE
PROVISIONS  OF  SECTION TWO HUNDRED FOURTEEN-O OF THIS CHAPTER, it shall
not be necessary to so mark meat, meat  products  or  fish,  other  than
shellfish  in natural form, provided the net weight be stated on a writ-
ten invoice and on the shipping container of the meat, meat  product  or
fish.
  S  2.  The  agriculture  and  markets  law  is amended by adding a new
section 214-o to read as follows:
  S 214-O. LABELING REQUIREMENTS FOR FISH WHOLESALERS.   1.  ANY  WHOLE-
SALER  THAT  SELLS,  OFFERS  FOR  SALE,  TRANSPORTS  OR TRANSACTS IN THE
PURCHASE OR SALE OF FISH FOR HUMAN CONSUMPTION AND PACKAGES SUCH FISH IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02239-12-6

A. 7461--B                          2

SEALED CONTAINERS, SHALL CAUSE SUCH CONTAINERS  TO  BE  CLEARLY  LABELED
WITH THE FOLLOWING:
  (A)  THE  IDENTITY AND THE WEIGHT, STANDARD MEASURE OR NUMERICAL COUNT
OF THE FISH;
  (B) THE NAME AND ADDRESS OF THE SHIPPER, PACKER OR DISTRIBUTOR  THERE-
OF; AND
  (C) THE STATE OF THE ORIGIN THEREOF.
  2.  THE  PROVISIONS OF THIS SECTION SHALL BE DEEMED TO COMPLY WITH AND
SHALL BE IMPLEMENTED IN ACCORDANCE TO ANY FEDERAL  LAW,  RULE  OR  REGU-
LATION RELATING TO FISH.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

assembly Bill A2028A

2015-2016 Legislative Session

Relates to requiring that bidders and all others seeking state contracts disclose their percentage and number of female executives and board members

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to governmental operations
Apr 16, 2015 print number 2028a
amend and recommit to governmental operations
Jan 15, 2015 referred to governmental operations

Bill Amendments

A2028
A2028A
A2028
A2028A

A2028 - Bill Details

See Senate Version of this Bill:
S5709
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Add §148, St Fin L

A2028 - Bill Texts

view summary

Requires that bidders and all others seeking state contracts disclose their percentage and number of female executives and board members and their aspirations to include more female members.

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

                                  2028

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the state finance law, in  relation  to  requiring  that
  bidders and all others seeking state contracts disclose their percent-
  age and number of female executives and board members

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

  Section 1. Legislative intent. The legislature finds that there  is  a
growing body of evidence that companies perform better when their boards
and  executive leadership are strongly represented by women and that the
state has a vested interest in ensuring that companies receiving  public
funds  and  contracts  perform  efficiently  to  maintain a high rate of
success.  Further, the legislature finds that it is in the state's vest-
ed interest to encourage equitable and diverse gender representation  on
corporate  boards  of companies receiving public funds and contracts. It
is the intent of this act to require companies who wish to  do  business
with  the  state  to disclose the current percentage and number of women
executive officers employed by the company,  percentage  and  number  of
women  on its corporate board, and the company's goals for the increased
participation of women in executive positions and on corporate boards.
  S 2. The state finance law is amended by adding a new section  148  to
read as follows:
  S  148.  DISCLOSURE  OF  WOMEN  EXECUTIVES  AND BOARD MEMBERS BY STATE
CONTRACTORS. 1. ALL BID CONDITIONS, REQUESTS FOR  PROPOSALS,  AND  OTHER
SPECIFICATIONS  FOR  CONTRACTS  AWARDED  BY THE STATE SHALL REQUIRE THAT
BIDDERS AND ALL OTHERS SEEKING STATE CONTRACTS SHALL:
  (A) DISCLOSE THE CURRENT PERCENTAGE  AND  NUMBER  OF  WOMEN  EXECUTIVE
OFFICERS  IN  THE COMPANY AND THE CURRENT PERCENTAGE AND NUMBER OF WOMEN
ON THE COMPANY'S EXECUTIVE AND FULL BOARDS;
  (B) THE COMPANY'S ASPIRATIONAL GOALS FOR THE  INCLUSION  OF  WOMEN  IN
EXECUTIVE POSITIONS AND ON THE EXECUTIVE AND FULL BOARDS; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04181-01-5

A. 2028                             2

  (C) THE INTENDED EFFORTS BY THE CONTRACTOR TO ACHIEVE THE ASPIRATIONAL
GOALS.
  2. EACH STATE AGENCY RECEIVING INFORMATION PURSUANT TO SUBDIVISION ONE
OF  THIS SECTION SHALL BE RESPONSIBLE FOR ANNUALLY PROVIDING THE DEPART-
MENT OF ECONOMIC DEVELOPMENT  WITH  THE  APPLICABLE  COMPILED  DIVERSITY
DATA.
  3. THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL AGGREGATE THE AGENCIES
DATA  RECEIVED  PURSUANT TO SUBDIVISIONS ONE AND TWO OF THIS SECTION AND
PRESENT AN ANNUAL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADERS OF THE  SENATE
AND  THE ASSEMBLY, AND THE CHAIRPERSONS OF THE SENATE FINANCE AND ASSEM-
BLY WAYS AND MEANS COMMITTEES.
  S 3. This act shall take effect immediately.

A2028A - Bill Details

See Senate Version of this Bill:
S5709
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Add §148, St Fin L

A2028A - Bill Texts

view summary

Requires that bidders and all others seeking state contracts disclose their percentage and number of female executives and board members and their aspirations to include more female members.

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

                                 2028--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the state finance law, in  relation  to  requiring  that
  bidders and all others seeking state contracts disclose their percent-
  age and number of female executives and board members

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

  Section 1. Legislative intent. The legislature finds that there  is  a
growing body of evidence that companies perform better when their boards
and  executive leadership are strongly represented by women and that the
state has a vested interest in ensuring that companies receiving  public
funds  and  contracts  perform  efficiently  to  maintain a high rate of
success.  Further, the legislature finds that it is in the state's vest-
ed interest to encourage equitable and diverse gender representation  on
corporate  boards  of companies receiving public funds and contracts. It
is the intent of this act to require companies who wish to  do  business
with  the  state  to disclose the current percentage and number of women
executive officers employed by the company,  percentage  and  number  of
women  on its corporate board, and the company's goals for the increased
participation of women in executive positions and on corporate boards.
  S 2. The state finance law is amended by adding a new section  148  to
read as follows:
  S 148. DISCLOSURE OF WOMEN IN EXECUTIVE POSITIONS AND SERVING AS BOARD
MEMBERS  BY  STATE  CONTRACTORS. 1. ALL CONTRACT SOLICITATIONS INCLUDING
BUT NOT LIMITED  TO,  INVITATIONS  FOR  BIDS,  REQUESTS  FOR  PROPOSALS,
REQUESTS FOR APPLICATIONS AND REQUESTS FOR QUALIFICATIONS FOR CONTRACTS,
IN  EXCESS  OF ONE HUNDRED THOUSAND DOLLARS SHALL REQUIRE THAT ALL OFFE-
RORS SEEKING STATE CONTRACTS SHALL DISCLOSE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04181-02-5

A. 2028--A                          2

  (A) THE CURRENT PERCENTAGE AND NUMBER OF WOMEN  SERVING  IN  EXECUTIVE
POSITIONS AND AS BOARD MEMBERS FOR THE OFFEROR;
  (B)  THE OFFEROR'S ASPIRATIONAL GOALS FOR THE INCLUSION OF WOMEN SERV-
ING IN EXECUTIVE POSITIONS AND AS BOARD MEMBERS; AND
  (C) THE INTENDED EFFORTS BY THE OFFEROR TO ACHIEVE  SUCH  ASPIRATIONAL
GOALS.
  2.  PRIOR  TO  MAY  THIRTY-FIRST  OF  EACH  YEAR, EACH STATE AGENCY IN
RECEIPT OF THE INFORMATION REQUIRED PURSUANT TO SUBDIVISION ONE OF  THIS
SECTION  SHALL  BE  RESPONSIBLE FOR PROVIDING THE DEPARTMENT OF ECONOMIC
DEVELOPMENT WITH THE COMPILED DIVERSITY DATA FOR EVERY OFFEROR SEEKING A
STATE CONTRACT, WHETHER OR NOT SUCH OFFEROR WAS  AWARDED  THE  CONTRACT,
FOR  THE  PRIOR  CALENDAR YEAR. SUCH DATA SHALL INCLUDE, BUT NEED NOT BE
LIMITED TO, DATA RELATING TO GENERAL TRENDS IN THE NUMBER OF WOMEN SERV-
ING IN EXECUTIVE POSITIONS, SERVING ON BOARDS,  STATISTICS  RELATING  TO
WINNING  AND LOSING BIDDERS, THE METHOD WHICH AGENCIES REFLECT DIVERSITY
INFORMATION IN THEIR SCORING, AND THE MANNER IN WHICH  SUCH  SCORING  IS
PERFORMED.
  3.  THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL AGGREGATE AND ANALYZE
THE DATA RECEIVED BY AGENCIES PURSUANT TO SUBDIVISIONS ONE  AND  TWO  OF
THIS SECTION AND PRESENT AN ANNUAL REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ERS  OF  THE SENATE AND THE ASSEMBLY, AND THE CHAIRPERSONS OF THE SENATE
FINANCE AND ASSEMBLY WAYS AND MEANS COMMITTEES.
  S 3. This act shall take effect immediately.

assembly Bill A2028

2015-2016 Legislative Session

Relates to requiring that bidders and all others seeking state contracts disclose their percentage and number of female executives and board members

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to governmental operations
Apr 16, 2015 print number 2028a
amend and recommit to governmental operations
Jan 15, 2015 referred to governmental operations

Bill Amendments

A2028
A2028A
A2028
A2028A

A2028 - Bill Details

Current Committee:
Law Section:
State Finance Law
Laws Affected:
Add §148, St Fin L

A2028 - Bill Texts

view summary

Requires that bidders and all others seeking state contracts disclose their percentage and number of female executives and board members and their aspirations to include more female members.

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

                                  2028

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the state finance law, in  relation  to  requiring  that
  bidders and all others seeking state contracts disclose their percent-
  age and number of female executives and board members

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

  Section 1. Legislative intent. The legislature finds that there  is  a
growing body of evidence that companies perform better when their boards
and  executive leadership are strongly represented by women and that the
state has a vested interest in ensuring that companies receiving  public
funds  and  contracts  perform  efficiently  to  maintain a high rate of
success.  Further, the legislature finds that it is in the state's vest-
ed interest to encourage equitable and diverse gender representation  on
corporate  boards  of companies receiving public funds and contracts. It
is the intent of this act to require companies who wish to  do  business
with  the  state  to disclose the current percentage and number of women
executive officers employed by the company,  percentage  and  number  of
women  on its corporate board, and the company's goals for the increased
participation of women in executive positions and on corporate boards.
  S 2. The state finance law is amended by adding a new section  148  to
read as follows:
  S  148.  DISCLOSURE  OF  WOMEN  EXECUTIVES  AND BOARD MEMBERS BY STATE
CONTRACTORS. 1. ALL BID CONDITIONS, REQUESTS FOR  PROPOSALS,  AND  OTHER
SPECIFICATIONS  FOR  CONTRACTS  AWARDED  BY THE STATE SHALL REQUIRE THAT
BIDDERS AND ALL OTHERS SEEKING STATE CONTRACTS SHALL:
  (A) DISCLOSE THE CURRENT PERCENTAGE  AND  NUMBER  OF  WOMEN  EXECUTIVE
OFFICERS  IN  THE COMPANY AND THE CURRENT PERCENTAGE AND NUMBER OF WOMEN
ON THE COMPANY'S EXECUTIVE AND FULL BOARDS;
  (B) THE COMPANY'S ASPIRATIONAL GOALS FOR THE  INCLUSION  OF  WOMEN  IN
EXECUTIVE POSITIONS AND ON THE EXECUTIVE AND FULL BOARDS; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04181-01-5

A. 2028                             2

  (C) THE INTENDED EFFORTS BY THE CONTRACTOR TO ACHIEVE THE ASPIRATIONAL
GOALS.
  2. EACH STATE AGENCY RECEIVING INFORMATION PURSUANT TO SUBDIVISION ONE
OF  THIS SECTION SHALL BE RESPONSIBLE FOR ANNUALLY PROVIDING THE DEPART-
MENT OF ECONOMIC DEVELOPMENT  WITH  THE  APPLICABLE  COMPILED  DIVERSITY
DATA.
  3. THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL AGGREGATE THE AGENCIES
DATA  RECEIVED  PURSUANT TO SUBDIVISIONS ONE AND TWO OF THIS SECTION AND
PRESENT AN ANNUAL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADERS OF THE  SENATE
AND  THE ASSEMBLY, AND THE CHAIRPERSONS OF THE SENATE FINANCE AND ASSEM-
BLY WAYS AND MEANS COMMITTEES.
  S 3. This act shall take effect immediately.

A2028A - Bill Details

Current Committee:
Law Section:
State Finance Law
Laws Affected:
Add §148, St Fin L

A2028A - Bill Texts

view summary

Requires that bidders and all others seeking state contracts disclose their percentage and number of female executives and board members and their aspirations to include more female members.

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

                                 2028--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the state finance law, in  relation  to  requiring  that
  bidders and all others seeking state contracts disclose their percent-
  age and number of female executives and board members

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

  Section 1. Legislative intent. The legislature finds that there  is  a
growing body of evidence that companies perform better when their boards
and  executive leadership are strongly represented by women and that the
state has a vested interest in ensuring that companies receiving  public
funds  and  contracts  perform  efficiently  to  maintain a high rate of
success.  Further, the legislature finds that it is in the state's vest-
ed interest to encourage equitable and diverse gender representation  on
corporate  boards  of companies receiving public funds and contracts. It
is the intent of this act to require companies who wish to  do  business
with  the  state  to disclose the current percentage and number of women
executive officers employed by the company,  percentage  and  number  of
women  on its corporate board, and the company's goals for the increased
participation of women in executive positions and on corporate boards.
  S 2. The state finance law is amended by adding a new section  148  to
read as follows:
  S 148. DISCLOSURE OF WOMEN IN EXECUTIVE POSITIONS AND SERVING AS BOARD
MEMBERS  BY  STATE  CONTRACTORS. 1. ALL CONTRACT SOLICITATIONS INCLUDING
BUT NOT LIMITED  TO,  INVITATIONS  FOR  BIDS,  REQUESTS  FOR  PROPOSALS,
REQUESTS FOR APPLICATIONS AND REQUESTS FOR QUALIFICATIONS FOR CONTRACTS,
IN  EXCESS  OF ONE HUNDRED THOUSAND DOLLARS SHALL REQUIRE THAT ALL OFFE-
RORS SEEKING STATE CONTRACTS SHALL DISCLOSE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04181-02-5

A. 2028--A                          2

  (A) THE CURRENT PERCENTAGE AND NUMBER OF WOMEN  SERVING  IN  EXECUTIVE
POSITIONS AND AS BOARD MEMBERS FOR THE OFFEROR;
  (B)  THE OFFEROR'S ASPIRATIONAL GOALS FOR THE INCLUSION OF WOMEN SERV-
ING IN EXECUTIVE POSITIONS AND AS BOARD MEMBERS; AND
  (C) THE INTENDED EFFORTS BY THE OFFEROR TO ACHIEVE  SUCH  ASPIRATIONAL
GOALS.
  2.  PRIOR  TO  MAY  THIRTY-FIRST  OF  EACH  YEAR, EACH STATE AGENCY IN
RECEIPT OF THE INFORMATION REQUIRED PURSUANT TO SUBDIVISION ONE OF  THIS
SECTION  SHALL  BE  RESPONSIBLE FOR PROVIDING THE DEPARTMENT OF ECONOMIC
DEVELOPMENT WITH THE COMPILED DIVERSITY DATA FOR EVERY OFFEROR SEEKING A
STATE CONTRACT, WHETHER OR NOT SUCH OFFEROR WAS  AWARDED  THE  CONTRACT,
FOR  THE  PRIOR  CALENDAR YEAR. SUCH DATA SHALL INCLUDE, BUT NEED NOT BE
LIMITED TO, DATA RELATING TO GENERAL TRENDS IN THE NUMBER OF WOMEN SERV-
ING IN EXECUTIVE POSITIONS, SERVING ON BOARDS,  STATISTICS  RELATING  TO
WINNING  AND LOSING BIDDERS, THE METHOD WHICH AGENCIES REFLECT DIVERSITY
INFORMATION IN THEIR SCORING, AND THE MANNER IN WHICH  SUCH  SCORING  IS
PERFORMED.
  3.  THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL AGGREGATE AND ANALYZE
THE DATA RECEIVED BY AGENCIES PURSUANT TO SUBDIVISIONS ONE  AND  TWO  OF
THIS SECTION AND PRESENT AN ANNUAL REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ERS  OF  THE SENATE AND THE ASSEMBLY, AND THE CHAIRPERSONS OF THE SENATE
FINANCE AND ASSEMBLY WAYS AND MEANS COMMITTEES.
  S 3. This act shall take effect immediately.

assembly Bill A7900

2015-2016 Legislative Session

Relates to the adoption of instruction in mental health in junior and senior high schools and to provide school districts with current information on drug abuse issues

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

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

A7900 - Bill Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L

A7900 - Bill Texts

view summary

Relates to requiring the commissioner of education to make recommendations to the board of regents relating to the adoption of instruction in mental health in junior and senior high schools and to provide school districts with current information on drug abuse issues.

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

                                  7900

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2015
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law, in relation to requiring the  commis-
  sioner  of  education  to make recommendations to the board of regents
  relating to the adoption of instruction in mental health in junior and
  senior high schools and  to  provide  school  districts  with  current
  information on drug abuse issues

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

  Section 1. Section 305 of the education law is amended by  adding  two
new subdivisions 53 and 54 to read as follows:
  53.  A.  THE  COMMISSIONER  SHALL MAKE RECOMMENDATIONS TO THE BOARD OF
REGENTS RELATING TO THE ADOPTION OF  INSTRUCTION  IN  MENTAL  HEALTH  IN
JUNIOR AND SENIOR HIGH SCHOOLS.
  B.  PRIOR  TO  MAKING THE RECOMMENDATIONS TO THE BOARD OF REGENTS, THE
COMMISSIONER SHALL:
  (I) SEEK  THE  RECOMMENDATIONS  OF  TEACHERS,  SCHOOL  ADMINISTRATORS,
TEACHER  EDUCATORS,  SCHOOL  PSYCHOLOGISTS,  SCHOOL  SOCIAL  WORKERS AND
OTHERS WITH EDUCATIONAL EXPERTISE IN THE PROPOSED CURRICULUM;
  (II) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED PARTIES;
  (III) CONSIDER THE AMOUNT OF INSTRUCTIONAL TIME SUCH  CURRICULUM  WILL
REQUIRE  AND WHETHER SUCH TIME WOULD DETRACT FROM OTHER MANDATED COURSES
OF STUDY;
  (IV) CONSIDER THE FISCAL IMPACT, IF  ANY,  ON  THE  STATE  AND  SCHOOL
DISTRICTS;
  (V)  CONSIDER  THE  RELEVANCE  OF  EXISTING  REGULATIONS PERTAINING TO
MENTAL HEALTH AS PART OF THE SCHOOL HEALTH CURRICULUM AS IT  RELATES  TO
THE CURRENT UNDERSTANDING OF MENTAL HEALTH AS AN INTEGRAL PART OF HEALTH
AND  THE  RELATIONSHIP  OF  MENTAL HEALTH TO THE INSTRUCTION OF ALCOHOL,
DRUGS AND TOBACCO; AND
  (VI) CONSIDER ANY ADDITIONAL FACTORS THE COMMISSIONER DEEMS RELEVANT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10837-02-5

A. 7900                             2

  C. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE  DATE  OF
THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE A RECOMMENDATION TO THE
BOARD  OF  REGENTS  TO EITHER ADOPT AND PROMULGATE APPROPRIATE RULES AND
REGULATIONS IMPLEMENTING SUCH CURRICULUM OR REJECT THE IMPLEMENTATION OF
SUCH  CURRICULUM. UPON RECEIVING A RECOMMENDATION FROM THE COMMISSIONER,
PURSUANT TO THIS SUBDIVISION, THE BOARD OF REGENTS SHALL VOTE TO  EITHER
ACCEPT  OR  REJECT THE COMMISSIONER'S RECOMMENDATION NO LATER THAN SIXTY
DAYS AFTER RECEIVING SUCH RECOMMENDATION.
  D. IF THE BOARD OF REGENTS  ADOPTS  SUCH  CURRICULUM,  THE  CURRICULUM
REQUIREMENT  SHALL  TAKE EFFECT NO LATER THAN THE NEXT SCHOOL YEAR AFTER
SUCH CURRICULUM HAS BEEN ADOPTED.
  E. IF THE BOARD OF REGENTS REJECTS SUCH CURRICULUM,  THE  COMMISSIONER
SHALL  PROVIDE  A  REPORT  AS  TO  THE DETERMINATION OF THE BOARD TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
ASSEMBLY  AND THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON EDUCA-
TION PROVIDING THE REASONS FOR SUCH REJECTION NOT LATER THAN THIRTY DAYS
AFTER THE BOARD OF REGENTS REJECTS SUCH CURRICULUM.
  54.  THE  COMMISSIONER  SHALL  ON  A  BIENNIAL  BASIS  PROVIDE  SCHOOL
DISTRICTS  WITH  EDUCATIONAL  INFORMATION RELATING TO CURRENT DRUG ABUSE
ISSUES IN ORDER TO ENSURE INSTRUCTION PROVIDED PURSUANT  TO  SUBDIVISION
THREE  OF  SECTION  EIGHT  HUNDRED  FOUR OF THIS CHAPTER IS RELEVANT AND
CURRENT.
  S 2. This act shall take effect immediately.

Pages