assembly Bill A6893

Signed By Governor
2015-2016 Legislative Session

Relates to the public availability of certain competitive requests for proposals

download bill text pdf

Sponsored By

Current Bill Status Via S3542 - Signed by Governor


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

Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 26, 2015 signed chap.398
Oct 14, 2015 delivered to governor
May 19, 2015 returned to senate
passed assembly
ordered to third reading cal.382
substituted for a6893a
May 19, 2015 substituted by s3542a
May 14, 2015 advanced to third reading cal.382
May 12, 2015 reported
Apr 29, 2015 print number 6893a
amend (t) and recommit to ways and means
Apr 28, 2015 reported referred to ways and means
Apr 08, 2015 referred to energy

Bill Amendments

A6893
A6893A
A6893
A6893A

Co-Sponsors

view all co-sponsors

Multi-Sponsors

view all multi-sponsors

A6893 - Bill Details

Law Section:
Public Service Law
Laws Affected:
Add §27, Pub Serv L
Versions Introduced in 2015-2016 Legislative Session:
S3542A

A6893 - Bill Texts

view summary

Relates to the public availability of certain competitive requests for proposals.

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

                                  6893

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 8, 2015
                               ___________

Introduced  by  M.  of A. PAULIN, BRINDISI, STIRPE, QUART, OTIS, JAFFEE,
  GOTTFRIED, GALEF, COOK, BLAKE,  ARROYO,  HAWLEY,  McDONOUGH,  RAIA  --
  Multi-Sponsored  by  --  M.  of A.   BRENNAN, CROUCH, DUPREY, GUNTHER,
  HEVESI, LAWRENCE, LIFTON, LUPARDO, McLAUGHLIN, RIVERA, SCHIMEL, SIMON,
  TITONE -- read once and referred to the Committee on Energy

AN ACT to amend the public service law, in relation to the public avail-
  ability  of  written  solicitations,  competitive   procurements   and
  requests for proposals

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

  Section 1. The public service law is amended by adding a  new  section
27 to read as follows:
  S  27.  PUBLIC  AVAILABILITY  OF  WRITTEN  SOLICITATIONS,  COMPETITIVE
PROCUREMENTS AND REQUESTS FOR PROPOSALS. 1. THE CHIEF EXECUTIVE  OFFICER
OF  THE DEPARTMENT SHALL REQUIRE THAT ALL WRITTEN SOLICITATIONS, COMPET-
ITIVE PROCUREMENTS AND REQUESTS FOR PROPOSALS FOR  THE  PROCUREMENT,  BY
ANY  ELECTRIC CORPORATION HAVING A RETAIL FRANCHISE SERVICE TERRITORY IN
THE STATE, OF ELECTRIC  ENERGY,  CAPACITY,  ANCILLARY  SERVICES,  TRANS-
MISSION SERVICE, OR OF FACILITIES THAT PRODUCE OR PROVIDE ELECTRIC ENER-
GY,  CAPACITY, ANCILLARY SERVICES, OR TRANSMISSION SERVICE SHALL BE MADE
AVAILABLE PUBLICLY AT A CENTRAL LOCATION ON THE DEPARTMENT'S WEBSITE AND
FILED IN THE PROCEEDING TO WHICH THEY PERTAIN ACCORDING TO  THE  DEPART-
MENT'S  REGULATIONS  FOR  THE  FILING OF DOCUMENTS WITH THE DEPARTMENT'S
SECRETARY.
  2. NOTICE OF  EACH  SUCH  SOLICITATION,  COMPETITIVE  PROCUREMENT  AND
REQUEST  FOR PROPOSALS SHALL BE PUBLISHED IN THE STATE REGISTER PURSUANT
TO SECTION ONE HUNDRED FORTY-SIX OF THE EXECUTIVE LAW. SUCH NOTICE SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  A. THE DATE ON WHICH SUCH DOCUMENT OR DOCUMENTS WILL BE MADE AVAILABLE
ON THE DEPARTMENT'S WEBSITE AND THE ADDRESS OF THE WEBSITE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09188-01-5

A. 6893                             2

  B. A SUMMARY OF THE REVIEW PROCESS FOR RESPONSES AND PROPOSALS SUBMIT-
TED  PURSUANT  TO  SUCH  SOLICITATIONS,  COMPETITIVE  PROCUREMENTS   AND
REQUESTS FOR PROPOSALS; AND
  C.  THE  NAME OF A CONTACT PERSON, WITH PHONE NUMBER AND ADDRESS, FROM
WHOM INFORMATION SHALL BE AVAILABLE.
  S 2. This act shall take effect immediately.

Co-Sponsors

view all co-sponsors

Multi-Sponsors

view all multi-sponsors

A6893A - Bill Details

Law Section:
Public Service Law
Laws Affected:
Add §27, Pub Serv L
Versions Introduced in 2015-2016 Legislative Session:
S3542A

A6893A - Bill Texts

view summary

Relates to the public availability of certain competitive requests for proposals.

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

                                 6893--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 8, 2015
                               ___________

Introduced  by  M.  of A. PAULIN, BRINDISI, STIRPE, QUART, OTIS, JAFFEE,
  GOTTFRIED, GALEF, COOK, BLAKE, ARROYO, HAWLEY, McDONOUGH, RAIA, BARRON
  -- Multi-Sponsored by -- M. of A. BRENNAN,  CROUCH,  DUPREY,  GUNTHER,
  HEVESI, LAWRENCE, LIFTON, LUPARDO, McLAUGHLIN, RIVERA, SCHIMEL, SIMON,
  TITONE  --  read  once  and  referred  to  the  Committee on Energy --
  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 public service law, in relation to the public avail-
  ability of certain competitive requests for proposals

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

  Section 1. The public service law is amended by adding a  new  section
27 to read as follows:
  S   27.  PUBLIC  AVAILABILITY  OF  CERTAIN  COMPETITIVE  REQUESTS  FOR
PROPOSALS.   ANY COMPETITIVE REQUESTS  FOR  PROPOSALS  RELATING  TO  THE
GENERATION  OF ELECTRICITY, INITIATED AS PART OF A PROCEEDING BEFORE THE
COMMISSION AND ISSUED BY ANY ELECTRIC CORPORATION HAVING A RETAIL  FRAN-
CHISE  SERVICE  TERRITORY  IN  THE STATE, SHALL BE MADE AVAILABLE TO THE
DEPARTMENT AND FILED IN  THE  PROCEEDING  TO  WHICH  SUCH  REQUESTS  FOR
PROPOSALS  PERTAIN  ACCORDING  TO  THE  DEPARTMENT'S REGULATIONS FOR THE
FILING OF DOCUMENTS WITH THE DEPARTMENT'S SECRETARY.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09188-03-5

assembly Bill A6228

2015-2016 Legislative Session

Authorizes Lois J. Reid to reapply for ordinary disability retirement benefits

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 reported referred to ways and means
Jun 13, 2016 print number 6228b
amend and recommit to governmental employees
Mar 22, 2016 print number 6228a
amend and recommit to governmental employees
Jan 06, 2016 referred to governmental employees
Mar 18, 2015 referred to governmental employees

Bill Amendments

A6228
A6228A
A6228B
A6228
A6228A
A6228B

Multi-Sponsors

A6228 - Bill Details

Current Committee:
Law Section:
Retirement
Versions Introduced in 2013-2014 Legislative Session:
A9416

A6228 - Bill Texts

view summary

Authorizes Lois J. Reid to reapply for ordinary disability retirement benefits.

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

                                  6228

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2015
                               ___________

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

AN  ACT  to  authorize  Lois  J.  Reid  to apply for ordinary disability
  retirement benefits from the  New  York  state  and  local  employees'
  retirement system

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

  Section 1. Notwithstanding any other provision of law, Lois  J.  Reid,
who  was  employed  by the Erie County Youth Board on March 6, 1970, and
who was employed by the New York state department of social services  on
May  16,  1985,  was a member of the New York state and local employees'
retirement system for  approximately  17.5  years,  was  diagnosed  with
chronic  fatigue  syndrome  in 1990, which is a symptom of mitochondrial
disease, of which was diagnosed on March 1, 2011,  and  which  was  only
recently identified by the medical community, was declared to be totally
and  permanently  disabled  by  the  New York state department of social
services in 1990, and who was declared to  be  totally  and  permanently
disabled  by  the  United  States  social security administration in the
early 1990s, and who was denied ordinary disability retirement benefits,
shall be entitled to collect  ordinary  disability  retirement  benefits
from  the New York state and local employees' retirement system covering
the period from June 19, 1992 through March 1, 2003 if, within one  year
of  the  effective date of this act, she shall file a written request to
that effect with the state comptroller. All retirement benefits  payable
pursuant to the provisions of this act shall be paid to Lois J. Reid.
  S 2. All costs associated with the implementation of this act shall be
borne by the state.
  S 3. This act shall take effect immediately.
  FISCAL NOTE: -- Pursuant to Legislative Law, Section 50:
  This bill will grant temporary ordinary disability retirement benefits
to  Lois  J.  Reid,  a  service  retiree of the New York State and Local

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08266-02-5

A. 6228                             2

Employees' Retirement System with a date of retirement of March 1, 2003,
for the period from June 19, 1992 through March 1, 2003.
  If this bill is enacted, we anticipate that there will be an immediate
past  service cost of approximately $127,000. This cost will be borne by
the State of New York as a one-time payment. This estimate is  based  on
the assumption that payment will be made on March 1, 2016.
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2014  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2014
Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 Annual Report to the Comptroller on  Actuarial
Assumptions,  and  the  Codes  Rules and Regulations of the State of New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2014
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This  estimate,  dated  March 5, 2015 and intended for use only during
the 2015 Legislative Session, is Fiscal Note No.  2015-85,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

Co-Sponsors

Multi-Sponsors

A6228A - Bill Details

Current Committee:
Law Section:
Retirement
Versions Introduced in 2013-2014 Legislative Session:
A9416

A6228A - Bill Texts

view summary

Authorizes Lois J. Reid to reapply for ordinary disability retirement benefits.

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

                                 6228--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2015
                               ___________

Introduced  by  M. of A. WALTER -- Multi-Sponsored by -- M. of A. WALKER
  -- read once and referred to the Committee on  Governmental  Employees
  --  recommitted  to the Committee on Governmental Employees in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to authorize Lois  J.  Reid  to  apply  for  ordinary  disability
  retirement  benefits  from  the  New  York  state and local employees'
  retirement system

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

  Section  1.  Notwithstanding any other provision of law, Lois J. Reid,
who was employed by the Erie County Youth Board on March  6,  1970,  and
who  was employed by the New York state department of social services on
May 16, 1985, was a member of the New York state  and  local  employees'
retirement  system  for  approximately  17.5  years,  was diagnosed with
chronic fatigue syndrome in 1990, which is a  symptom  of  mitochondrial
disease,  of  which  was  diagnosed on March 1, 2011, and which was only
recently identified by the medical community, was declared to be totally
and permanently disabled by the New  York  state  department  of  social
services  in  1990,  and  who was declared to be totally and permanently
disabled by the United States  social  security  administration  in  the
early 1990s, and who was denied ordinary disability retirement benefits,
shall  be  entitled  to  collect ordinary disability retirement benefits
from the New York state and local employees' retirement system  covering
the  period from June 19, 1992 through March 1, 2003 if, within one year
of the effective date of this act, she shall file a written  request  to
that  effect with the state comptroller. All retirement benefits payable
pursuant to the provisions of this act shall be paid to Lois J. Reid.
  S 2. All costs associated with the implementation of this act shall be
borne by the state.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08266-06-6

A. 6228--A                          2

  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill will grant temporary ordinary disability retirement benefits
to  Lois  J.  Reid,  a  service  retiree of the New York State and Local
Employees' Retirement System with a date of retirement of March 1, 2003,
for the period from June 19, 1992 through March 1, 2003.
  If this bill is enacted, we anticipate that there will be an immediate
past service cost of approximately $127,000. This cost will be borne  by
the  State  of New York as a one-time payment. This estimate is based on
the assumption that payment will be made on March 1, 2017.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2015 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2015
Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in  the  2015
Annual Report to the Comptroller on Actuarial Assumptions, and the Codes
Rules and Regulations of the State of New York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2015
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated January 14, 2016 and intended for use only during
the 2016 Legislative Session, is Fiscal Note No.  2016-30,  prepared  by
the Actuary for the New York State and Local Retirement System.

Co-Sponsors

Multi-Sponsors

A6228B - Bill Details

Current Committee:
Law Section:
Retirement
Versions Introduced in 2013-2014 Legislative Session:
A9416

A6228B - Bill Texts

view summary

Authorizes Lois J. Reid to reapply for ordinary disability retirement benefits.

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

                                 6228--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2015
                               ___________

Introduced  by  M. of A. WALTER, CERETTO, TEDISCO, HAWLEY -- Multi-Spon-
  sored by -- M. of A. SCHIMMINGER, WALKER -- read once and referred  to
  the  Committee on Governmental Employees -- recommitted to the Commit-
  tee on Governmental Employees in accordance with Assembly Rule 3, sec.
  2 -- committee discharged, bill amended, ordered reprinted as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee with amendments, ordered reprinted as amended and  recommitted  to
  said committee

AN  ACT  to  authorize  Lois  J.  Reid  to apply for ordinary disability
  retirement benefits from the  New  York  state  and  local  employees'
  retirement system

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

  Section 1. Notwithstanding any other provision of law, Lois  J.  Reid,
who  was  employed  by the Erie County Youth Board on March 6, 1970, and
who was employed by the New York state department of social services  on
May  16,  1985,  was a member of the New York state and local employees'
retirement system for  approximately  17.5  years,  was  diagnosed  with
chronic  fatigue  syndrome  in 1990, which is a symptom of mitochondrial
disease, of which was diagnosed on March 1, 2011,  and  which  was  only
recently identified by the medical community, was declared to be totally
and  permanently  disabled  by  the  New York state department of social
services in 1990, and who was declared to  be  totally  and  permanently
disabled  by  the  United  States  social security administration in the
early 1990s, and who was denied ordinary disability retirement benefits,
shall be allowed to reapply for ordinary disability retirement  benefits
from  the New York state and local employees' retirement system covering
the period from June 19, 1992 through March 1, 2003 if, within one  year
of  the  effective date of this act, she shall file a written request to
that effect with the state comptroller.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08266-09-6

A. 6228--B                          2

  S 2. All costs associated with the implementation of this act shall be
borne by the state.
  S 3. This act shall take effect immediately.
  FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
  This  bill  will allow Lois J. Reid, a service retiree of the New York
State and Local Employees' Retirement System with a date  of  retirement
of March 1, 2003, to reapply for a temporary ordinary disability retire-
ment benefit for the period from June 19, 1992 through March 1, 2003.
  If this bill is enacted, and a temporary disability retirement benefit
is  granted to Lois J. Reid, we anticipate that there will be an immedi-
ate past service cost of approximately $127,000. This cost will be borne
by the State of New York as a one-time payment. This estimate  is  based
on the assumption that payment will be made on March 1, 2017.
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2015  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2015
Report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
Report.
  The  actuarial  assumptions and methods used are described in the 2015
Annual Report to the Comptroller on Actuarial Assumptions, and the Codes
Rules and Regulations of the State of New York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2015
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This  estimate,  dated  June 13, 2016 and intended for use only during
the 2016 Legislative Session, is Fiscal Note No. 2016-116,  prepared  by
the Actuary for the New York State and Local Retirement System.

assembly Bill A1150

2015-2016 Legislative Session

Establishes the Senior Center Council to provide a forum for the discussion of challenges facing senior centers

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 15, 2016 returned to assembly
passed senate
3rd reading cal.1805
substituted for s8099
May 16, 2016 referred to aging
delivered to senate
passed assembly
May 12, 2016 advanced to third reading cal.570
May 10, 2016 reported
Apr 11, 2016 reported referred to ways and means
Jan 12, 2016 committed to aging
Jan 06, 2016 ordered to third reading cal.51
returned to assembly
died in senate
Apr 28, 2015 referred to aging
delivered to senate
passed assembly
Apr 23, 2015 advanced to third reading cal.175
Apr 22, 2015 reported
Mar 24, 2015 reported referred to ways and means
Jan 08, 2015 referred to aging

Co-Sponsors

Multi-Sponsors

A1150 - Bill Details

See Senate Version of this Bill:
S8099
Law Section:
Elder Law
Laws Affected:
Add §216, Eld L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A1130, S1237, S2703A
2011-2012: A6750, S5584A, S5781
2015-2016: S1237
2009-2010: A2554

A1150 - Bill Texts

view summary

Establishes the Senior Center Council to provide a forum for the discussion of challenges facing senior centers.

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

                                  1150

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Aging

AN ACT to amend the elder law, in relation to  the  establishment  of  a
  senior center council

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

  Section 1. The elder law is amended by adding a  new  section  216  to
read as follows:
  S  216. SENIOR CENTER COUNCIL. 1. DEFINITION. FOR THE PURPOSES OF THIS
SECTION, THE  TERM  "COUNCIL"  SHALL  MEAN  THE  SENIOR  CENTER  COUNCIL
CONVENED BY THE DIRECTOR PURSUANT TO THIS SECTION.
  2.  MEMBERSHIP. THE SENIOR CENTER COUNCIL SHALL CONSIST OF TEN MEMBERS
APPOINTED BY THE DIRECTOR WHO SHALL SERVE AS THE  CHAIR.  THESE  MEMBERS
SHALL  HAVE  EXPERIENCE  WITH  THE  OPERATION  OF SENIOR CENTERS AND THE
PROVISION OF SERVICES THEREIN. MEMBERS SHALL ALSO BE  BROADLY  REPRESEN-
TATIVE  OF  OLDER ADULT GROUPS AND ALL GEOGRAPHIC AREAS OF THE STATE. AT
LEAST TWO OF THESE MEMBERS SHALL BE OVER THE AGE OF SIXTY-TWO.
  3. COMPENSATION. MEMBERS OF THE  COUNCIL,  OTHER  THAN  THE  DIRECTOR,
SHALL  RECEIVE  NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED
THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
DUTIES PURSUANT TO THIS SECTION.
  4. PURPOSE. THE PURPOSE OF THE COUNCIL SHALL BE TO (A) PROVIDE A FORUM
FOR DISCUSSION OF CHALLENGES FACING SENIOR CENTERS ACROSS THE STATE  AND
DEVELOPING SOLUTIONS;
  (B)  SUPPORT  SHARING OF INFORMATION REGARDING EFFICIENT AND EFFECTIVE
OPERATION OF SENIOR CENTERS IN DIFFERENT AREAS AROUND THE STATE;
  (C) ENCOURAGE THE SPREAD OF METHODS AND PROGRAMS  WITH  PROVEN  EFFEC-
TIVENESS;
  (D)  CREATE AN ENVIRONMENT FOR PEER-TO-PEER SUPPORT FOR SENIOR CENTERS
ACROSS THE STATE; AND
  (E) OFFER RECOMMENDATIONS FOR HOW THE STATE CAN SUPPORT SENIOR CENTERS
AND LOWER BARRIERS TO EFFECTIVE SERVICE DELIVERY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00645-01-5

assembly Bill A988

2015-2016 Legislative Session

Provides for an angel investor income tax credit

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to ways and means
Jan 08, 2015 referred to ways and means

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A988 - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §§606 & 210-b, Tax L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A8115
2011-2012: A9958

A988 - Bill Texts

view summary

Provides for an angel investor income tax credit for investments in qualified businesses that exceed $25,000.

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

                                   988

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

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

AN ACT to amend the tax law, in  relation  to  providing  for  an  angel
  investor tax credit

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

  Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
subsection (ccc) to read as follows:
  (CCC)  ANGEL INVESTOR CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER, WHO
IS AN ANGEL INVESTOR, AS DEFINED BY SUBPARAGRAPH (II) OF PARAGRAPH THREE
OF THIS SUBSECTION, SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS HEREIN-
AFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE,  FOR  INVESTING
TWENTY-FIVE  THOUSAND  DOLLARS  OR  MORE IN A QUALIFYING BUSINESS.   THE
AMOUNT OF THE CREDIT SHALL BE TWENTY-FIVE PERCENT OF THE  INVESTMENT  IN
THE  QUALIFYING BUSINESS UP TO BUT NOT EXCEEDING TWO HUNDRED FIFTY THOU-
SAND DOLLARS.
  (2) APPLICATION OF CREDIT. IF THE AMOUNT  OF  CREDIT  ALLOWABLE  UNDER
THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
SUCH  YEAR,  THE  EXCESS  MAY  BE  CARRIED OVER TO THE FOLLOWING YEAR OR
YEARS, AND MAY BE DEDUCTED FROM THE TAXPAYER'S  TAX  FOR  SUCH  YEAR  OR
YEARS.
  (3)  DEFINITIONS.  FOR  PURPOSES  OF  THE  CREDIT  DESCRIBED  IN  THIS
SUBSECTION:
  (I) "QUALIFYING BUSINESS" SHALL MEAN A BUSINESS ENTERPRISE,  INCLUDING
A SOLE PROPRIETORSHIP, PARTNERSHIP OR CORPORATION THAT:
  (A)  HAS  NOT  YET GENERATED REVENUE OR HAS GROSS REVENUES, ALONG WITH
THE GROSS REVENUES OF ITS AFFILIATES AND RELATED MEMBERS, NOT  EXCEEDING
ONE  MILLION DOLLARS FOR THE TAXABLE YEAR IMMEDIATELY PRECEDING THE YEAR
THE TAXPAYER IS ALLOWED A CREDIT UNDER THIS SUBSECTION. FOR PURPOSES  OF
THIS PARAGRAPH, THE TERM "RELATED MEMBER" SHALL HAVE THE SAME MEANING AS
SET FORTH IN CLAUSES (A) AND (B) OF SUBPARAGRAPH ONE OF PARAGRAPH (O) OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00793-01-5

A. 988                              2

SUBDIVISION  NINE  OF SECTION TWO HUNDRED EIGHT OF THIS CHAPTER, AND THE
TERM "AFFILIATES" SHALL MEAN THOSE CORPORATIONS THAT ARE MEMBERS OF  THE
SAME AFFILIATED GROUP (AS DEFINED IN SECTION FIFTEEN HUNDRED FOUR OF THE
INTERNAL REVENUE CODE) AS THE TAXPAYER;
  (B)  HAS  NO  MORE  THAN  TWENTY-FIVE FULL-TIME EMPLOYEES, OF WHICH AT
LEAST SIXTY PERCENT ARE EMPLOYED IN NEW YORK STATE;
  (C) HAS OPERATED IN THE STATE  FOR  NO  MORE  THAN  SEVEN  CONSECUTIVE
YEARS; AND
  (D)  HAS  RECEIVED  NO  MORE  THAN  TWO MILLION DOLLARS IN INVESTMENTS
ELIGIBLE FOR THE CREDIT DESCRIBED IN THIS SUBSECTION FROM  ONE  OR  MORE
THAN ONE ANGEL INVESTOR;
  (II)  "ANGEL INVESTOR" SHALL MEAN AN ACCREDITED INVESTOR AS DEFINED IN
RULE 501 OF REGULATION D OF THE  FEDERAL  SECURITIES  ACT  OF  1933,  AS
AMENDED; BUT SHALL NOT INCLUDE:
  (A)  AN  INVESTOR WHO CONTROLS FIFTY PERCENT OR MORE OF THE QUALIFYING
BUSINESS RECEIVING THE INVESTMENT SUBJECT TO  THE  CREDIT  DESCRIBED  BY
THIS SUBSECTION; OR
  (B)  A  VENTURE  CAPITAL COMPANY OR ANY BANK, SAVINGS AND LOAN ASSOCI-
ATION, TRUST, INSURANCE COMPANY OR SIMILAR ENTITY, WHOSE NORMAL BUSINESS
ACTIVITIES INCLUDE VENTURE CAPITAL INVESTMENT.
  S 2. Section 210-b of the tax law is amended by adding a new  subdivi-
sion 50 to read as follows:
  50. ANGEL INVESTOR CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER, WHO IS
AN  ANGEL  INVESTOR, AS DEFINED BY SUBPARAGRAPH (II) OF PARAGRAPH (C) OF
THIS SUBDIVISION, SHALL BE ALLOWED A CREDIT, TO BE COMPUTED  AS  HEREIN-
AFTER  PROVIDED,  AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR INVESTING
TWENTY-FIVE THOUSAND DOLLARS OR MORE IN  A  QUALIFYING  BUSINESS.    THE
AMOUNT  OF  THE CREDIT SHALL BE TWENTY-FIVE PERCENT OF THE INVESTMENT IN
THE QUALIFYING BUSINESS UP TO BUT NOT EXCEEDING TWO HUNDRED FIFTY  THOU-
SAND DOLLARS.
  (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS
THAN  THE HIGHER AMOUNT PRESCRIBED IN PARAGRAPHS (C) AND (D) OF SUBDIVI-
SION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE.   HOWEVER,  IF  THE
AMOUNT  OF  CREDIT  ALLOWED  UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE
IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR  YEARS
AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  (C) DEFINITIONS. FOR PURPOSES OF THE CREDIT DESCRIBED IN THIS SUBDIVI-
SION:
  (I)  "QUALIFYING BUSINESS" SHALL MEAN A BUSINESS ENTERPRISE, INCLUDING
A SOLE PROPRIETORSHIP, PARTNERSHIP OR CORPORATION THAT:
  (A) HAS NOT YET GENERATED REVENUE OR HAS GROSS  REVENUES,  ALONG  WITH
THE  GROSS REVENUES OF ITS AFFILIATES AND RELATED MEMBERS, NOT EXCEEDING
ONE MILLION DOLLARS FOR THE TAXABLE YEAR IMMEDIATELY PRECEDING THE  YEAR
THE TAXPAYER IS ALLOWED A CREDIT UNDER THIS SUBDIVISION. FOR PURPOSES OF
THIS PARAGRAPH, THE TERM "RELATED MEMBER" SHALL HAVE THE SAME MEANING AS
SET FORTH IN CLAUSES (A) AND (B) OF SUBPARAGRAPH ONE OF PARAGRAPH (O) OF
SUBDIVISION  NINE  OF SECTION TWO HUNDRED EIGHT OF THIS CHAPTER, AND THE
TERM "AFFILIATES" SHALL MEAN THOSE CORPORATIONS THAT ARE MEMBERS OF  THE
SAME AFFILIATED GROUP (AS DEFINED IN SECTION FIFTEEN HUNDRED FOUR OF THE
INTERNAL REVENUE CODE) AS THE TAXPAYER;
  (B)  HAS  NO  MORE  THAN  TWENTY-FIVE FULL-TIME EMPLOYEES, OF WHICH AT
LEAST SIXTY PERCENT ARE EMPLOYED IN NEW YORK STATE;
  (C) HAS OPERATED IN THE STATE  FOR  NO  MORE  THAN  SEVEN  CONSECUTIVE
YEARS; AND

A. 988                              3

  (D)  HAS  RECEIVED  NO  MORE  THAN  TWO MILLION DOLLARS IN INVESTMENTS
ELIGIBLE FOR THE CREDIT DESCRIBED IN THIS SUBDIVISION FROM ONE  OR  MORE
THAN ONE ANGEL INVESTOR;
  (II)  "ANGEL INVESTOR" SHALL MEAN AN ACCREDITED INVESTOR AS DEFINED IN
RULE 501 OF REGULATION D OF THE  FEDERAL  SECURITIES  ACT  OF  1933,  AS
AMENDED; BUT SHALL NOT INCLUDE:
  (A)  AN  INVESTOR WHO CONTROLS FIFTY PERCENT OR MORE OF THE QUALIFYING
BUSINESS RECEIVING THE INVESTMENT SUBJECT TO  THE  CREDIT  DESCRIBED  BY
THIS SUBDIVISION; OR
  (B)  A  VENTURE  CAPITAL COMPANY OR ANY BANK, SAVINGS AND LOAN ASSOCI-
ATION, TRUST, INSURANCE COMPANY OR SIMILAR ENTITY, WHOSE NORMAL BUSINESS
ACTIVITIES INCLUDE VENTURE CAPITAL INVESTMENT.
  S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
of  the  tax  law  is  amended  by  adding a new clause (xli) to read as
follows:

  (XLI) ANGEL INVESTOR CREDIT           AMOUNT OF CREDIT UNDER
  UNDER SUBSECTION (CCC)                SUBDIVISION FIFTY OF
                                        SECTION TWO HUNDRED TEN-B

  S 4. This act  shall  take  effect  immediately  and  shall  apply  to
personal income taxable years beginning on and after January 1, 2016.

assembly Bill A770

2015-2016 Legislative Session

Requires cultural awareness and competence training for medical professionals

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 higher education
Jan 07, 2015 referred to higher education

Co-Sponsors

Multi-Sponsors

A770 - Bill Details

See Senate Version of this Bill:
S954A
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Add §6505-d, Ed L; amd §2805-k, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A6746, A8689, S925
2011-2012: A6449, S2743A
2009-2010: A5936B, S1328B

A770 - Bill Texts

view summary

Requires cultural awareness and competence training for medical professionals.

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

                                   770

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

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

AN ACT to amend the education law and the public health law, in relation
  to requiring cultural awareness and competence  training  for  medical
  professionals

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

  Section 1. The education law is amended by adding a new section 6505-d
to read as follows:
  S 6505-D. COURSE WORK OR TRAINING IN  CULTURAL  AWARENESS  AND  COMPE-
TENCE.  1.  EVERY  PHYSICIAN,  PHYSICIAN  ASSISTANT, DENTIST, REGISTERED
NURSE, LICENSED PRACTICAL NURSE, PODIATRIST, OPTOMETRIST AND NURSE PRAC-
TITIONER PRACTICING IN THE STATE WHO PROVIDES DIRECT MEDICAL SERVICES TO
PATIENTS IN THIS STATE SHALL, ON OR  BEFORE  JULY  FIRST,  TWO  THOUSAND
SIXTEEN  AND  EVERY REGISTRATION PERIOD THEREAFTER, COMPLETE COURSE WORK
OR TRAINING REGARDING CULTURAL AWARENESS AND COMPETENCE IN THE PROVISION
OF MEDICAL SERVICES IN ACCORDANCE WITH  REGULATED STANDARDS  PROMULGATED
BY  THE  DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH. SUCH
CULTURAL AWARENESS AND COMPETENCE COURSE WORK OR TRAINING SHALL  REQUIRE
TWO  HOURS  OF  COURSE WORK OR TRAINING ENCOMPASSING MINORITY HEALTHCARE
ISSUES INCLUDING ETHNIC, RELIGIOUS, LINGUISTIC, SEXUAL  ORIENTATION  AND
GENDER  IDENTITY  HEALTHCARE ISSUES AND THEIR IMPACT ON MINORITY HEALTH-
CARE. IN PROMULGATING REGULATORY STANDARDS PURSUANT TO THIS SECTION  THE
DEPARTMENT  IS  ADVISED  TO CONSULT WITH ORGANIZATIONS REPRESENTATIVE OF
PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPERTISE IN CULTURAL AWARENESS
AND COMPETENCE.
  2. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL  CONTINUING  EDUCATION"
SHALL  MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL
PRACTICE AND WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS  OF  THE
COMMISSIONER. TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT,
PROGRAMS  MUST  BE TAKEN FROM SPONSORS HAVING THE FACILITIES, EQUIPMENT,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00794-01-5

A. 770                              2

AND FINANCIAL AND PHYSICAL RESOURCES  TO  PROVIDE  CONTINUING  EDUCATION
COURSES,  APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE
COMMISSIONER.  CONTINUING EDUCATION MAY BE PROVIDED IN AN INTERNET-BASED
COURSE FORMAT AS APPROVED BY THE DEPARTMENT.
  3.  EACH  SUCH PROFESSIONAL SHALL ATTEST TO THE DEPARTMENT AT THE TIME
OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST,
TWO THOUSAND SIXTEEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK  OR
TRAINING IN ACCORDANCE WITH THIS SECTION.
  4.  THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
ANYONE WHO REQUESTS SUCH AN EXEMPTION AND WHO: (I) CLEARLY  DEMONSTRATES
TO  THE DEPARTMENT'S SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR
HER TO COMPLETE SUCH COURSE WORK OR TRAINING BECAUSE OF  THE  NATURE  OF
HIS  OR  HER PRACTICE; (II) HAS COMPLETED COURSE WORK OR TRAINING DEEMED
BY THE DEPARTMENT TO BE  EQUIVALENT  TO  THE  COURSE  WORK  OR  TRAINING
APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION; (III) HAS COMPLETED
COURSE  WORK OR TRAINING PERTAINING TO CULTURAL AWARENESS AND COMPETENCE
WHICH HAS BEEN INCORPORATED AS PART OF A RISK MANAGEMENT COURSE  OFFERED
PURSUANT  TO SUBSECTION (E) OF SECTION TWO THOUSAND THREE HUNDRED FORTY-
THREE OF THE INSURANCE LAW, PROVIDED THAT SUCH EDUCATIONAL  CONTENT  HAS
BEEN  APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES; OR (IV) IS A
MEDICAL PROFESSIONAL WHO IS ON A TOUR OF EXTENDED ACTIVE DUTY  WITH  THE
ARMED FORCES OF THE UNITED STATES.
  5.  AT THE BEGINNING OF EACH REGISTRATION PERIOD, A MANDATORY CONTINU-
ING  EDUCATION  FEE  OF FIVE DOLLARS SHALL BE COLLECTED FROM ALL PERSONS
REQUIRED TO COMPLETE THE COURSE  WORK  AND  TRAINING  REQUIRED  BY  THIS
SECTION;  PROVIDED  THAT  ANY  PERSON OBTAINING AN EXEMPTION PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION SHALL NOT BE REQUIRED TO PAY SUCH  FIVE
DOLLAR  FEE.  THIS FEE SHALL BE IN ADDITION TO ALL OTHER EXISTING REGIS-
TRATION FEES.
  6. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS TO  IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
  ANY  PERSON  SUBJECT  TO  THE  PROVISIONS OF THIS SECTION, WHO FALSELY
ATTESTS TO HAVING COMPLETED THE REQUIRED COURSE WORK OR  TRAINING  SHALL
BE  SUBJECT  TO PROFESSIONAL MISCONDUCT AS PROVIDED BY SUBDIVISION TWEN-
TY-ONE OF SECTION SIXTY-FIVE HUNDRED THIRTY OF THIS TITLE  AND  SUBDIVI-
SION NINE OF SECTION SIXTY-FIVE HUNDRED NINE OF THIS TITLE.
  S  2.  Paragraph  (f) of subdivision 1 of section 2805-k of the public
health law, as amended by chapter 477 of the laws of  2008,  is  amended
and a new subdivision 5 is added to read as follows:
  (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
completed the course work or training as mandated by section two hundred
thirty-nine of this chapter or section [six  thousand  five]  SIXTY-FIVE
hundred five-b of the education law OR SECTION SIXTY-FIVE HUNDRED FIVE-D
OF  THE  EDUCATION LAW.  A hospital or facility shall not grant or renew
professional privileges or  association  to  a  physician,  dentist,  or
podiatrist who has not completed such course work or training.  A HOSPI-
TAL  OR  FACILITY SHALL NOT KNOWINGLY GRANT OR RENEW PROFESSIONAL PRIVI-
LEGES OR ASSOCIATION TO ANYONE  REQUIRED  TO  COMPLETE  COURSE  WORK  OR
TRAINING  UNLESS  SAID PERSON HAS ATTESTED TO HAVING TAKEN SUCH REQUIRED
COURSE WORK OR TRAINING.
  5. PRIOR TO HIRING OR OTHERWISE GRANTING  PRIVILEGES  TO  A  PHYSICIAN
ASSISTANT,  REGISTERED NURSE, LICENSED PRACTICAL NURSE OR OPTOMETRIST OR
A HOSPITAL OR FACILITY APPROVED PURSUANT TO THIS ARTICLE  SHALL  REQUEST
FROM  SUCH  PERSON DOCUMENTATION THAT HE OR SHE HAS COMPLETED THE COURSE
WORK OR TRAINING AS MANDATED BY SECTION SIXTY-FIVE HUNDRED FIVE-D OF THE
EDUCATION LAW. A HOSPITAL OR FACILITY SHALL NOT HIRE OR OTHERWISE  GRANT

A. 770                              3

PRIVILEGES  TO A PHYSICIAN ASSISTANT, REGISTERED NURSE, LICENSED PRACTI-
CAL NURSE OR OPTOMETRIST WHO HAS  NOT  COMPLETED  SUCH  COURSE  WORK  OR
TRAINING.
  S 3.  This act shall take effect immediately.

senate Bill S5690

2015-2016 Legislative Session

Relates to comptroller audits of certain organizations controlled by municipal corporations and certain other government entities

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2016 print number 5690a
amend and recommit to local government
Jan 06, 2016 referred to local government
May 28, 2015 referred to local government

Bill Amendments

S5690
S5690A
S5690
S5690A

Co-Sponsors

S5690 - Bill Details

Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Amd §34, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2015-2016: A7056
2013-2014: A3633
2011-2012: A9682, A9689

S5690 - Bill Texts

view summary

Relates to audits by the state comptroller of certain organizations directly or indirectly controlled by municipal corporations and certain other government entities.

view sponsor memo
BILL NUMBER:S5690

TITLE OF BILL: An act to amend the general municipal law, in relation
to audits by the state comptroller of certain organizations controlled
by municipal corporations and certain other government entities

PURPOSE: To authorize the State Comptroller to audit private
organizations controlled by local government entities.

SUMMARY OF PROVISIONS: Section 1 of this bill amends section 34 of the
General Municipal Law to authorize the State Comptroller to examine
the financial affairs of any organization (other than a statewide
association of local governments or local government officials) that
is under the control of one or more local government entities,
including municipal corporations, school districts, fire districts and
industrial development agencies. An organization would be deemed
"under the control" of a local government entity when one or more
individuals who serve as officers or employees of the local government
entity (a) select either a majority of the organization's highest
policy-making body or the organization's chief executive officer; (b)
constitute a majority of the voting strength that selects either a
majority of the organization's highest policy-making body or the
organization's chief executive officer; or (c) seine as (i) a majority
of the organization's highest policy-making body; (ii) the
organization's chief executive officer in his or her official
capacity; or (iii) a partner in the organization in his or her
official capacity. The phrase "a majority of the organization's
highest policy-making body" would mean a majority of the whole number
of positions comprising such body, unless such body is allowed to act
by a majority of a quorum, in which case the term would mean a
majority of the quorum. Subsidiaries and other entities controlled by
the organization would also be covered.

Section 2 of this bill provides that this act would take effect
immediately. the staff time and other resources required to cooperate
with the auditors. Any such impact would be offset by potential
savings based upon the audit findings.

EFFECTIVE DATE: This bill would take effect immediately.

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

                                  5690

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 28, 2015
                               ___________

Introduced by Sen. MARCHIONE -- (at request of the State Comptroller) --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Local Government

AN ACT to amend the general municipal law, in relation to audits by  the
  state  comptroller  of  certain  organizations controlled by municipal
  corporations and certain other government entities

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

  Section  1.    Section  34 of the general municipal law, as amended by
chapter 233 of the laws of 2006, is amended to read as follows:
  S 34. Powers and duties of examiners.  1.  The  comptroller  and  each
examiner  of  municipal  affairs  shall  have  power to examine into the
financial affairs of every such municipal corporation, industrial devel-
opment agency, district, [fire company as defined in section two hundred
four-a of this chapter,] agency and activity [and], ANY FIRE COMPANY  AS
DEFINED  IN  SECTION  TWO  HUNDRED FOUR-A OF THIS CHAPTER, AND ANY OTHER
ORGANIZATION, EXCEPT A STATEWIDE ASSOCIATION  OF  LOCAL  GOVERNMENTS  OR
LOCAL  GOVERNMENT  OFFICIALS,  THAT  IS CONTROLLED BY ONE OR MORE OF ANY
SUCH MUNICIPAL CORPORATIONS, INDUSTRIAL DEVELOPMENT AGENCIES,  DISTRICTS
OR  AGENCIES.   AN ORGANIZATION SHALL BE DEEMED UNDER THE CONTROL OF ONE
OR  MORE  MUNICIPAL  CORPORATIONS,  INDUSTRIAL   DEVELOPMENT   AGENCIES,
DISTRICTS OR AGENCIES WHEN ONE OR MORE INDIVIDUALS WHO SERVE AS OFFICERS
OR  EMPLOYEES  OF ANY SUCH MUNICIPAL CORPORATION, INDUSTRIAL DEVELOPMENT
AGENCY, DISTRICT OR AGENCY: (A) SELECT EITHER A MAJORITY OF  THE  ORGAN-
IZATION'S  HIGHEST POLICY-MAKING BODY OR THE ORGANIZATION'S CHIEF EXECU-
TIVE OFFICER; (B) CONSTITUTE A MAJORITY  OF  THE  VOTING  STRENGTH  THAT
SELECTS  EITHER  A  MAJORITY OF THE ORGANIZATION'S HIGHEST POLICY-MAKING
BODY OR THE ORGANIZATION'S CHIEF EXECUTIVE OFFICER;  OR  (C)  SERVE  AS:
(I) A MAJORITY OF THE ORGANIZATION'S HIGHEST POLICY-MAKING BODY; (II) IN
HIS  OR  HER OFFICIAL CAPACITY, THE ORGANIZATION'S CHIEF EXECUTIVE OFFI-
CER; OR (III) IN HIS OR HER OFFICIAL CAPACITY, A PARTNER IN  THE  ORGAN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02340-02-5

S. 5690                             2

IZATION.  AN  ORGANIZATION  UNDER  THE  CONTROL OF ONE OR MORE MUNICIPAL
CORPORATIONS, INDUSTRIAL DEVELOPMENT  AGENCIES,  DISTRICTS  OR  AGENCIES
SHALL  ALSO  INCLUDE  ANY  OTHER ORGANIZATION THAT IS CONTROLLED BY SUCH
ORGANIZATION.
  2. IN CONNECTION WITH ANY EXAMINATION AUTHORIZED BY SUBDIVISION ONE OF
THIS  SECTION,  THE  COMPTROLLER  AND EACH EXAMINER OF MUNICIPAL AFFAIRS
SHALL HAVE POWER to administer an oath to any person whose testimony may
be required, and to compel the appearance and attendance of such  person
for  the  purpose  of  any  such  examination and investigation, and the
production of books and papers. In the case of a municipal  corporation,
industrial  development agency, or school district, no such person shall
be compelled to appear or be examined elsewhere than within such munici-
pal corporation, industrial development agency, or school  district.  In
the  case  of  any district other than a school district, no such person
may be compelled to appear or be examined elsewhere than within the town
or one of the towns  in  which  such  district  or  portion  thereof  is
located. In the case of an urban renewal agency, no such person shall be
compelled  to  appear  or  be examined outside the municipal corporation
wherein such agency is established. In the case of a  fire  company,  no
such person shall be compelled to appear or be examined outside the area
served  by the company. In the case of an activity, no such person shall
be compelled to appear outside the area served by the activity.  IN  THE
CASE  OF  AN  ORGANIZATION  UNDER  THE  CONTROL OF ONE OR MORE MUNICIPAL
CORPORATIONS, INDUSTRIAL DEVELOPMENT AGENCIES, DISTRICTS OR AGENCIES, NO
SUCH PERSON SHALL BE COMPELLED TO APPEAR OR TO BE EXAMINED  OUTSIDE  THE
COUNTY IN WHICH THE ORGANIZATION HAS ITS PRINCIPAL HEADQUARTERS. Willful
false swearing in such examination shall be perjury and shall be punish-
able as such.
  3. FOR PURPOSES OF THIS SECTION, THE TERM "A MAJORITY OF THE ORGANIZA-
TION'S  HIGHEST  POLICY-MAKING  BODY" SHALL MEAN A MAJORITY OF THE WHOLE
NUMBER OF POSITIONS COMPRISING SUCH BODY, PROVIDED, HOWEVER, THAT IF THE
DOCUMENTS ESTABLISHING THE ORGANIZATION'S INTERNAL GOVERNANCE ALLOW SUCH
BODY TO ACT BY A MAJORITY OF A QUORUM,  THEN  SUCH  TERM  SHALL  MEAN  A
MAJORITY OF THE QUORUM.
  S 2. This act shall take effect immediately.

Co-Sponsors

S5690A - Bill Details

Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Amd §34, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2015-2016: A7056
2013-2014: A3633
2011-2012: A9682, A9689

S5690A - Bill Texts

view summary

Relates to audits by the state comptroller of certain organizations directly or indirectly controlled by municipal corporations and certain other government entities.

view sponsor memo
BILL NUMBER: S5690A

TITLE OF BILL : An act to amend the general municipal law, in
relation to audits by the state comptroller of certain organizations
controlled by municipal corporations and certain other government
entities

PURPOSE :

To authorize the State Comptroller to audit private organizations
controlled by local government entities.

SUMMARY OF PROVISIONS :

Section 1 of this bill amends section 34 of the General Municipal Law
to authorize the State Comptroller to examine the financial affairs of
any organization (other than a statewide association of local
governments or local government officials) that is under the control
of one or more local government entities, including municipal
corporations, school districts, fire districts and industrial
development agencies. An organization would be deemed "under the
control" of a local government entity when one or more individuals who
serve as officers or employees of the local government entity (a)
select either a majority of the organization's highest policy-making
body or the organization's chief executive officer; (b) constitute a
majority of the voting strength that selects either a majority of the
organization's highest policy-making body or the organization's chief
executive officer; or (c) serve as (i) a majority of the
organization's highest policy-making body; (ii) the organization's
chief executive officer in his or her official capacity; or (iii)a
partner in the organization in his or her official capacity. The
phrase "a majority of the organization's highest policy-making body"
would mean a majority of the whole number of positions comprising such
body, unless such body is allowed to act by a majority of a quorum, in
which case the term would mean a majority of the quorum. Subsidiaries
and other entities controlled by the organization would also be
covered.

Section 2 of this bill provides this act would take effect
immediately.

JUSTIFICATION :

Local development corporations, as well as certain other types of
private organizations (e g, limited liability companies), has been
utilized by counties, cities, towns, villages, and other local
governments, such as fire districts, as a means to indirectly finance
local government operations and projects. Audits performed by the
State Comptroller's Office have found these private entities have been
used to avoid constitutional or statutory provisions that apply to
projects undertaken directly by a local government entity (e.g. the
prohibition on gifts and loans to or in aid of private entities in
Article VIII, § 1 of the State Constitution; referendum requirements
such as those in the Local Finance Law applicable to certain municipal
bond resolutions; the competitive bidding requirements of Article 5-A
of the General Municipal Law; and limitations on the issuance of debt
such as those contained in Article VIII, § 4 of the State
Constitution).

Currently, the State Comptroller does not have the authority to audit
directly local development corporations and other similar types of
private organizations, even when they are controlled by a local
government entity. Instead, the Comptroller may only examine the
relationship between the local government entity and the private
organization as part of an audit of the local government entity. And
even in the context of such an audit, the Comptroller generally may
not look beyond the financial or business relationship to examine the
overall finances and operations of the private organization itself.
Thus, for example, the Comptroller may be unable to examine a private
organization's internal controls to assess whether moneys provided to
the organization by a local government entity are properly
safeguarded.

While local development corporations and other similar types of
private organizations are established to be legally separate from the
local government entity, as a practical matter, they often function as
if they are instrumentalities of local government entities. The bill
would recognize this reality and expand the Comptroller's audit
authority commensurately to include direct audits of private
organizations which are under the control of one or more local
government entities. Such audits would provide greater assurance that
these organizations are operating in the public interest.

The bill's definition of "under the control" is necessary to ensure
that the Comptroller's audit authority is based on the substance,
rather than the form, of the relationship between the local government
entity and the private organization. To avoid creating incentives or
disincentives to the use of any particular type of private
organization, this bill would apply to every type of organization
under the control of a municipal corporation or other local government
entity that is not already subject to audit by the Comptroller, except
a statewide association of local governments or local government
officials.

LEGISLATIVE HISTORY :

S.7907 (Passed Senate) and A.11088 of 2009-2010
S.7540 and A. 9689 (Passed Assembly) of 2011-2012
S.4497 and A.3633 (Passed Assembly) of 2013-2014
S.5690 and A7056 (passed Assembly) of 2015

FISCAL IMPLICATIONS :

This bill has no significant fiscal impact. The fiscal impact of the
bill is limited to organizations actually audited by the Comptroller
and confined to the staff time and other resources required to
cooperate with the auditors. Any such impact would be offset by
potential savings based upon the audit findings.

EFFECTIVE DATE :
This act shall take effect immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5690--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 28, 2015
                               ___________

Introduced  by  Sens.  MARCHIONE,  CARLUCCI  -- (at request of the State
  Comptroller) -- read twice and ordered printed, and when printed to be
  committed to the Committee on Local Government -- recommitted  to  the
  Committee on Local Government in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the general municipal law, in relation to audits by  the
  state  comptroller  of  certain  organizations controlled by municipal
  corporations and certain other government entities

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

  Section  1.    Section  34 of the general municipal law, as amended by
chapter 233 of the laws of 2006, is amended to read as follows:
  S 34. Powers and duties of examiners.  1.  The  comptroller  and  each
examiner  of  municipal  affairs  shall  have  power to examine into the
financial affairs of every such municipal corporation, industrial devel-
opment agency, district, [fire company as defined in section two hundred
four-a of this chapter,] agency [and], activity [and], ANY FIRE  COMPANY
AS  DEFINED IN SECTION TWO HUNDRED FOUR-A OF THIS CHAPTER, AND ANY OTHER
ORGANIZATION, EXCEPT A STATEWIDE ASSOCIATION  OF  LOCAL  GOVERNMENTS  OR
LOCAL  GOVERNMENT  OFFICIALS,  THAT  IS CONTROLLED BY ONE OR MORE OF ANY
SUCH MUNICIPAL CORPORATIONS, INDUSTRIAL DEVELOPMENT AGENCIES,  DISTRICTS
OR  AGENCIES.   AN ORGANIZATION SHALL BE DEEMED UNDER THE CONTROL OF ONE
OR  MORE  MUNICIPAL  CORPORATIONS,  INDUSTRIAL   DEVELOPMENT   AGENCIES,
DISTRICTS OR AGENCIES WHEN ONE OR MORE INDIVIDUALS WHO SERVE AS OFFICERS
OR  EMPLOYEES  OF ANY SUCH MUNICIPAL CORPORATION, INDUSTRIAL DEVELOPMENT
AGENCY, DISTRICT OR AGENCY: (A) SELECT EITHER A MAJORITY OF  THE  ORGAN-
IZATION'S  HIGHEST POLICY-MAKING BODY OR THE ORGANIZATION'S CHIEF EXECU-
TIVE OFFICER; (B) CONSTITUTE A MAJORITY  OF  THE  VOTING  STRENGTH  THAT
SELECTS  EITHER  A  MAJORITY OF THE ORGANIZATION'S HIGHEST POLICY-MAKING
BODY OR THE ORGANIZATION'S CHIEF EXECUTIVE OFFICER;  OR  (C)  SERVE  AS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02340-03-5

S. 5690--A                          2

(I) A MAJORITY OF THE ORGANIZATION'S HIGHEST POLICY-MAKING BODY; (II) IN
HIS  OR  HER OFFICIAL CAPACITY, THE ORGANIZATION'S CHIEF EXECUTIVE OFFI-
CER; OR (III) IN HIS OR HER OFFICIAL CAPACITY, A PARTNER IN  THE  ORGAN-
IZATION.  AN  ORGANIZATION  UNDER  THE  CONTROL OF ONE OR MORE MUNICIPAL
CORPORATIONS, INDUSTRIAL DEVELOPMENT  AGENCIES,  DISTRICTS  OR  AGENCIES
SHALL  ALSO  INCLUDE  ANY  OTHER ORGANIZATION THAT IS CONTROLLED BY SUCH
ORGANIZATION.
  2. IN CONNECTION WITH ANY EXAMINATION AUTHORIZED BY SUBDIVISION ONE OF
THIS SECTION, THE COMPTROLLER AND EACH  EXAMINER  OF  MUNICIPAL  AFFAIRS
SHALL HAVE POWER to administer an oath to any person whose testimony may
be  required, and to compel the appearance and attendance of such person
for the purpose of any  such  examination  and  investigation,  and  the
production  of books and papers. In the case of a municipal corporation,
industrial development agency, or school district, no such person  shall
be compelled to appear or be examined elsewhere than within such munici-
pal  corporation,  industrial development agency, or school district. In
the case of any district other than a school district,  no  such  person
may be compelled to appear or be examined elsewhere than within the town
or  one  of  the  towns  in  which  such  district or portion thereof is
located. In the case of an urban renewal agency, no such person shall be
compelled to appear or be examined  outside  the  municipal  corporation
wherein  such  agency  is established. In the case of a fire company, no
such person shall be compelled to appear or be examined outside the area
served by the company. In the case of an activity, no such person  shall
be  compelled to appear outside the area served by the activity.  IN THE
CASE OF AN ORGANIZATION UNDER THE  CONTROL  OF  ONE  OR  MORE  MUNICIPAL
CORPORATIONS, INDUSTRIAL DEVELOPMENT AGENCIES, DISTRICTS OR AGENCIES, NO
SUCH  PERSON  SHALL BE COMPELLED TO APPEAR OR TO BE EXAMINED OUTSIDE THE
COUNTY IN WHICH THE ORGANIZATION HAS ITS PRINCIPAL HEADQUARTERS. Willful
false swearing in such examination shall be perjury and shall be punish-
able as such.
  3. FOR PURPOSES OF THIS SECTION, THE TERM "A MAJORITY OF THE ORGANIZA-
TION'S HIGHEST POLICY-MAKING BODY" SHALL MEAN A MAJORITY  OF  THE  WHOLE
NUMBER OF POSITIONS COMPRISING SUCH BODY, PROVIDED, HOWEVER, THAT IF THE
DOCUMENTS ESTABLISHING THE ORGANIZATION'S INTERNAL GOVERNANCE ALLOW SUCH
BODY  TO  ACT  BY  A  MAJORITY  OF A QUORUM, THEN SUCH TERM SHALL MEAN A
MAJORITY OF THE QUORUM.
  S 2. This act shall take effect immediately.

senate Bill S5638

2015-2016 Legislative Session

Relates to the use in evidence of the fact of possession or presence on the premises of condoms and other sexual and reproductive health devices; 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 judiciary
May 21, 2015 referred to judiciary

Co-Sponsors

S5638 - Bill Details

See Assembly Version of this Bill:
A7671
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4519-a, CPLR; add §60.49, rpld §160.10 sub 1 ¶(d), amd §160.55, CP L; amd §§841 & 837, Exec L; add §§49 & 83-n, Leg L

S5638 - Bill Texts

view summary

Relates to the use in evidence of the fact of possession or presence on the premises of condoms and other sexual and reproductive health devices.

view sponsor memo
BILL NUMBER:S5638

TITLE OF BILL: An act to amend the civil practice law and rules, the
criminal procedure law, the executive law, and the legislative law in
relation to the use in evidence of the fact of possession or presence
on the premises of condoms and other sexual and reproductive health
devices; and repealing certain provisions of the criminal procedure
law relating thereto

PURPOSE:

The purpose of this bill is to codify the commitment to public health
enshrined in the New York State Constitution, by prohibiting the use
in criminal, civil or administrative proceedings of the fact of
possession or presence of condoms and other reproductive and sexual
health devices as evidence of prostitution or trafficking-related
offenses, and to assess and reduce the disparate impacts of this
practice upon members of vulnerable populations, such as survivors of
trafficking and people who are or are profiled as engaging in the sex
trades.

EXISTING LAW:

Currently, possession of condoms may be introduced as evidence of
prostitution and trafficking-related offenses in most criminal, civil
and administrative proceedings except misdemeanor prostitution and
loitering for the purpose of prostitution. Other sexual and
reproductive health tools, however, may be introduced as evidence of
all prostitution and trafficking-related offenses.

SUMMARY OF PROVISIONS:

Section 1 states that this act shall be known as the "End
Criminalization of Condoms Act".

Section 2 states certain legislative findings.

Section 3 adds a new section 4519-a to the civil practice law and
rules to prohibit introduction of the fact of possession or presence
of condoms and other reproductive and sexual health devices as
evidence of prostitution, patronizing a prostitute, promoting
prostitution, permitting prostitution, maintaining a premises for
prostitution, lewdness or assignation, or maintaining a bawdy house,
in any trial, hearing or proceeding pursuant to section 12 and article
10 of the multiple dwelling law (liens on premises used for unlawful
purposes), sections 12-a and title 2 of article 23 of the public
health law (hearings and equitable proceedings regarding premises used
for prostitution), section 231 of the real property law (voiding of
lease on premises used for unlawful purposes), or sections 711 and 715
of the real property actions and proceedings law (summary eviction
proceedings).

Section 4 adds a new section 60.47 to the criminal procedure law to
prohibit introduction of the fact of possession or presence of condoms
and other reproductive and sexual health devices as evidence of
prostitution or trafficking-related activity in any trial, hearing or
proceeding pursuant to article 230 or section 240.37 of the penal law


(prostitution and trafficking-related offenses), or section 6512 of
the education law (unlicensed practice of a profession), or by any
related local or municipal law or regulation, for the purpose of
establishing probable cause for an arrest or proving any person's
commission or attempted commission of such offense.

Section 5 amends section 160.10(1) of the criminal procedure law to
remove subdivision two of section 240.37 of the penal law (loitering
for the purpose of engaging in a prostitution offense) to provide that
this violation shall no longer be an offense requiring fingerprinting.

Section 6 amends section 160.55 of the criminal procedure law to
remove subdivision two of section 240.37 of the penal law (loitering
for the purpose of engaging in a prostitution offense) to provide that
sealing of convictions appropriate to violation-level offenses shall
be available for this violation. It also deletes references to former
section 240.35 of the penal law, as repealed by chapter 232 of the
laws of 2010.

Section 7 adds a new subdivision 7-b to section 841 of the executive
law to authorize the Commissioner of Criminal Justice Services to take
such steps as necessary to ensure that police and peace officers
receive appropriate instruction regarding the evidentiary prohibition
set forth in section 60.47 of the criminal procedure law.

Section 8 adds a new section 49 to the legislative law to create
guidelines for the implementation and use of health and human rights
impact statements to accompany certain legislation.

Section 9 adds a new section 83-n to the legislative law to establish
a volunteer legislative commission on health and human rights.

Section 10 amends paragraph f of subdivision 4 of section 837 of the
executive law to require that the Division of Criminal Justice
Services conduct research and analysis necessary to complete health
and human rights impact statements and present an annual report
containing statistics and other information relevant to such
statements

Section 11 sets forth a severability provision.

Section 12 establishes the effective date.

JUSTIFICATION:

Currently, for purposes of prosecuting certain criminal, civil and
administrative offenses, reproductive and sexual health tools, and
particularly condoms and lubricants, are being confiscated and
destroyed by law enforcement officers and introduced by prosecution as
evidence in trials, hearings, and proceedings. This practice deters
those most vulnerable to the HIV epidemic, other sexually transmitted
infections, and unwanted pregnancies from using condoms by sending the
message that possession or presence of condoms provides a legal basis
for being stopped, questioned, and arrested by police. This message
undermines public health efforts to promote safer sex practices, and
creates a perverse incentive for exploiters to deny access to critical
reproductive and sexual health tools to victims of trafficking, which


are essential to enabling them to protect themselves from unwanted
pregnancies, HIV and other sexually transmitted infections.

Promoting and protecting health and respecting and fulfilling human
rights are necessarily linked, and health-oriented and rights-based
law enforcement efforts are central to the effective provision of
government services for the benefit of the people of the State. By
adopting a comprehensive ban on using the possession or presence of
condoms as evidence in all prostitution-related cases, this bill will
help to encourage, instead of discourage, safer sex practices.

Article 17, section 3 of the New York State Constitution requires that
the legislature protect and promote the health of the inhabitants of
this state as a matter of public concern. It is pursuant to this
principle that the New York City Department of Health and Mental
Hygiene spends upward to $30 million annually on distributing more
than 38 million condoms per year at approximately 3,500 locations
throughout New York City. However, with one hand the government
distributes these condoms and with the other it destroys, confiscates
and introduces them as evidence of criminal offenses. The same New
York City branded condoms distributed by the City are thrown in City
trashcans, or listed as arrest evidence on police property vouchers
and on supporting depositions filed in criminal cases as evidence of
intent to engage in prostitution in the prosecution of the offenses
covered by this bill.

Governor Andrew M. Cuomo recently announced a bold commitment to end
the AIDS epidemic in New York by 2020. The first-ever statewide
initiative to reduce new transmissions to 750 or fewer per year,
improve access to care for people living with HIV/AIDS (PLWHA), and
work to ensure that PLWHA have undetectable viral loads at a rate that
outpaces new infections. Under current law, the very same prevention
tools that are centerpieces of this plan - condoms - may be lawfully
confiscated and introduced as evidence in a criminal prosecution for a
prostitution or trafficking-related offense. New York simply cannot
end AIDS by 2020 without lifting barriers to access and use of these
critical sexual health tools.

The practice of using condoms as evidence in prostitution cases has
come under criticism across the country. In 2012, Congresswoman
Kathleen Rice as former Nassau County District Attorney implemented a
comprehensive ban on the use of condoms as evidence in all
prostitution and trafficking-related prosecutions in her jurisdiction.
Congresswoman Rice concluded that any potential benefits of using
condoms as evidence do not outweigh the public health impact. She also
noted that more serious trafficking cases are made out on witness and
other evidence, and that "condom evidence was rarely of any value to a
prosecution." According to Rice, "If you need that condom so badly in
the case against a trafficker, then you don't have a good case "
Similarly, in 2013, former Brooklyn District Attorney, Charles Hynes
wrote a scathing letter to then-NYC Police Commissioner Ray Kelly
condemning the police department's practice of using condoms as
evidence in prostitution cases and demanding that the Commissioner end
the

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

    S. 5638                                                  A. 7671

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 21, 2015
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

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

AN ACT to amend the civil practice law and rules, the criminal procedure
  law, the executive law, and the legislative law in relation to the use
  in evidence of the fact of possession or presence on the  premises  of
  condoms  and other sexual and reproductive health devices; and repeal-
  ing certain provisions of the criminal procedure law relating thereto

  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 "End crimi-
nalization of condoms act".
  S 2. Legislative findings. The legislature hereby finds that promoting
and  protecting  health  and  respecting and fulfilling human rights are
necessarily  linked,  and  that  health-oriented  and  rights-based  law
enforcement efforts are central to the effective provision of government
services for the benefit of the people of the State. Article 17, section
3 of the New York constitution requires that the legislature protect and
promote  the  health  of  the  inhabitants  of this state as a matter of
public concern. Despite these provisions, for  purposes  of  prosecuting
certain  criminal,  civil  and administrative offenses, reproductive and
sexual health tools, including condoms, are currently  being  destroyed,
confiscated,  or  used  as  evidence  by  law enforcement officers. This
legislation is intended to strengthen the public health of all New York-
ers, including the most vulnerable, while preserving the ability of  law
enforcement  to  prosecute  other crimes such as felony sexual offenses.
The purpose of this bill is to avoid the disparate impact of  the  prac-
tice of citing condoms and other reproductive and sexual health tools as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11221-02-5

S. 5638                             2                            A. 7671

evidence  upon  survivors  of  trafficking  and  people  who  are or are
profiled as being engaged in the sex trades.
  S  3.  The  civil  practice  law  and rules is amended by adding a new
section 4519-a to read as follows:
  S 4519-A. POSSESSION OF REPRODUCTIVE OR SEXUAL HEALTH DEVICES; RECEIPT
INTO EVIDENCE.  1. THE FATE OF POSSESSION OF A CONDOM OR OTHER REPRODUC-
TIVE OR SEXUAL HEALTH DEVICE MAY NOT BE  RECEIVED  IN  EVIDENCE  IN  ANY
TRIAL,  HEARING  OR  PROCEEDING  PURSUANT  TO SUBDIVISION ONE OF SECTION
TWELVE AND ARTICLE TEN OF THE MULTIPLE DWELLING LAW,  SECTIONS  TWELVE-A
AND  TWENTY-THREE  HUNDRED  TWENTY OF THE PUBLIC HEALTH LAW, SECTION TWO
HUNDRED THIRTY-ONE OF THE REAL  PROPERTY  LAW  OR  SUBDIVISION  FIVE  OF
SECTION  SEVEN  HUNDRED  ELEVEN AND SECTION SEVEN HUNDRED FIFTEEN OF THE
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, OR BY ANY LAW, LOCAL  LAW  OR
ORDINANCE OF A POLITICAL SUBDIVISION OF THIS STATE, OR BY ANY WORD, RULE
OR  REGULATION  OF ANY GOVERNMENTAL INSTRUMENTALITY AUTHORIZED BY LAW TO
ADOPT THE SAME AS EVIDENCE OF PROSTITUTION,  PATRONIZING  A  PROSTITUTE,
PROMOTING  PROSTITUTION, PERMITTING PROSTITUTION, MAINTAINING A PREMISES
FOR PROSTITUTION, LEWDNESS OR ASSIGNATION, MAINTAINING  A  BAWDY  HOUSE,
COMPELLING PROSTITUTION, OR SEX TRAFFICKING.
  2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE ANY CONTRACEP-
TIVE  OR  OTHER  TOOL  USED  TO PREVENT UNWANTED PREGNANCY OR THE TRANS-
MISSION OF HIV OR OTHER SEXUALLY TRANSMITTED DISEASES, INCLUDING BUT NOT
LIMITED  TO  MALE  CONDOMS,  FEMALE  CONDOMS,  LUBRICANTS,  PRE-EXPOSURE
PROPHYLAXIS ("PREP"), POST-EXPOSURE PROPHYLAXIS ("PEP"), HIV ANTI-RETRO-
VIRAL MEDICATION, SPERMICIDE, HORMONAL METHODS, EMERGENCY CONTRACEPTION,
DIAPHRAGM, CERVICAL CAP, OR SPONGE.
  3.  "POSSESSION"  MEANS  TO  HAVE  PHYSICAL POSSESSION OR OTHERWISE TO
EXERCISE DOMINION OR CONTROL OVER TANGIBLE PROPERTY.
  4. THE FACT OF POSSESSION OR PRESENCE IN A PREMISES OF A  REPRODUCTIVE
OR SEXUAL HEALTH DEVICE SHALL NOT BE INTRODUCED AS EVIDENCE BY ANY MEANS
FOR  ANY OF THE AFOREMENTIONED PURPOSES, INCLUDING BY EITHER PHYSICAL OR
TESTIMONIAL EVIDENCE.
  S 4. The criminal procedure law is amended by  adding  a  new  section
60.49 to read as follows:
S 60.49 POSSESSION OF REPRODUCTIVE OR SEXUAL HEALTH DEVICE; RECEIPT INTO
          EVIDENCE.
  1.  EVIDENCE  THAT  A  PERSON  WAS  IN POSSESSION OF A CONDOM OR OTHER
REPRODUCTIVE OR SEXUAL HEALTH DEVICE MAY NOT BE ADMITTED AT  ANY  TRIAL,
HEARING  OR  OTHER  PROCEEDING  IN  A PROSECUTION FOR ANY OFFENSE, OR AN
ATTEMPT TO COMMIT ANY OFFENSE, DEFINED IN ARTICLE TWO HUNDRED THIRTY  OR
SECTION  240.37  OF THE PENAL LAW, OR SECTION 6512 OF THE EDUCATION LAW,
OR ANY LAW, LOCAL LAW OR ORDINANCE OF A POLITICAL  SUBDIVISION  OF  THIS
STATE, OR ANY WORD, RULE OR REGULATION OF ANY GOVERNMENTAL INSTRUMENTAL-
ITY AUTHORIZED BY LAW TO ADOPT THE SAME, FOR THE PURPOSE OF ESTABLISHING
PROBABLE  CAUSE  FOR  AN  ARREST  OR  PROVING ANY PERSON'S COMMISSION OR
ATTEMPTED COMMISSION OF SUCH OFFENSE, AS  EVIDENCE  OF  PROSTITUTION  OR
TRAFFICKING-RELATED ACTIVITY.
  2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE ANY CONTRACEP-
TIVE  OR  OTHER  TOOL  USED  TO PREVENT UNWANTED PREGNANCY OR THE TRANS-
MISSION OF HIV OR OTHER SEXUALLY TRANSMITTED DISEASES, INCLUDING BUT NOT
LIMITED TO MALE CONDOMS, FEMALE CONDOMS, LUBRICANT, PRE-EXPOSURE PROPHY-
LAXIS ("PREP"), POST-EXPOSURE PROPHYLAXIS ("PEP"),  HIV  ANTI-RETROVIRAL
MEDICATION,   SPERMICIDE,  HORMONAL  METHODS,  EMERGENCY  CONTRACEPTION,
DIAPHRAGM, CERVICAL CAP, OR SPONGE.
  3. "POSSESSION" MEANS TO HAVE  PHYSICAL  POSSESSION  OR  OTHERWISE  TO
EXERCISE DOMINION OR CONTROL OVER TANGIBLE PROPERTY.

S. 5638                             3                            A. 7671

  4.  THE  FACT OF POSSESSION OR PRESENCE ON THE PREMISES OF A REPRODUC-
TIVE OR SEXUAL HEALTH DEVICE SHALL NOT BE INTRODUCED AS EVIDENCE BY  ANY
MEANS  FOR ANY OF THE AFOREMENTIONED PURPOSES, INCLUDING BY EITHER PHYS-
ICAL OR TESTIMONIAL EVIDENCE.
  S  5. Paragraph (d) of subdivision 1 of section 160.10 of the criminal
procedure law is REPEALED.
  S 6. The opening paragraph of subdivision 1, subdivision 2 and  subdi-
vision  3  of  section 160.55 of the criminal procedure law, the opening
paragraph of subdivision 1 as amended by chapter  169  of  the  laws  of
1994,  subdivision  2  as amended by chapter 476 of the laws of 2009 and
subdivision 3 as amended by chapter 249 of the laws of 1981  and  renum-
bered  by  chapter  142  of  the  laws  of  1991, are amended to read as
follows:
  Upon the termination of a criminal  action  or  proceeding  against  a
person  by  the  conviction  of such person of a traffic infraction or a
violation, other than [a violation of loitering as  described  in  para-
graph  (d)  or  (e) of subdivision one of section 160.10 of this chapter
or] the violation of operating a motor vehicle while ability impaired as
described in subdivision one of section eleven hundred ninety-two of the
vehicle and traffic law, unless the district attorney upon  motion  with
not  less  than  five  days notice to such person or his or her attorney
demonstrates to the satisfaction of the  court  that  the  interests  of
justice  require otherwise, or the court on its own motion with not less
than five days notice to such person or his or her  attorney  determines
that  the  interests of justice require otherwise and states the reasons
for such determination on the record, the clerk  of  the  court  wherein
such  criminal  action  or  proceeding  was terminated shall immediately
notify the commissioner of the division of criminal justice services and
the heads of all appropriate police departments and other  law  enforce-
ment  agencies  that  the action has been terminated by such conviction.
Upon receipt of notification of such termination:
  2. A report  of  the  termination  of  the  action  or  proceeding  by
conviction of a traffic violation or a violation other than [a violation
of  loitering as described in paragraph (d) or (e) of subdivision one of
section 160.10 of this title or] the  violation  of  operating  a  motor
vehicle  while  ability  impaired  as  described  in  subdivision one of
section eleven hundred ninety-two of the vehicle and traffic law,  shall
be  sufficient  notice of sealing to the commissioner of the division of
criminal justice services unless the  report  also  indicates  that  the
court  directed  that  the  record  not  be  sealed  in the interests of
justice. Where the court has determined pursuant to subdivision  one  of
this  section that sealing is not in the interests of justice, the clerk
of the court shall include notification of  that  determination  in  any
report  to such division of the disposition of the action or proceeding.
When the defendant has been found guilty of a violation of harassment in
the second degree and it was determined pursuant to subdivision  eight-a
of  section  170.10  of  this  title  that  such violation was committed
against a member of the same family or household as the  defendant,  the
clerk  of  the court shall include notification of that determination in
any report to such division of the disposition of the action or proceed-
ing for purposes of paragraph (a) and subparagraph (vi) of paragraph (d)
of subdivision one of this section.
  3. A person against whom a criminal action or  proceeding  was  termi-
nated  by  such person's conviction of a traffic infraction or violation
other than [a violation of loitering as described in  paragraph  (d)  or
(e)  of  subdivision  one  of  section  160.10  of  this chapter or] the

S. 5638                             4                            A. 7671

violation of  operating  a  motor  vehicle  while  ability  impaired  as
described in subdivision one of section eleven hundred ninety-two of the
vehicle  and  traffic  law, prior to the effective date of this section,
may  upon  motion apply to the court in which such termination occurred,
upon not less than twenty days notice to the district attorney,  for  an
order granting to such person the relief set forth in subdivision one of
this section, and such order shall be granted unless the district attor-
ney  demonstrates to the satisfaction of the court that the interests of
justice require otherwise.
  S 7. Section 841 of the executive law  is  amended  by  adding  a  new
subdivision 7-b to read as follows:
  7-B.  TAKE  SUCH  STEPS  AS MAY BE NECESSARY TO ENSURE THAT ALL POLICE
OFFICERS AND PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION  THREE  OF
THIS  SECTION  RECEIVE APPROPRIATE INSTRUCTION REGARDING THE EVIDENTIARY
PROHIBITION SET FORTH IN SECTION 60.47 OF THE CRIMINAL PROCEDURE LAW AND
SECTION FORTY-FIVE HUNDRED NINETEEN-A OF  THE  CIVIL  PRACTICE  LAW  AND
RULES  RELATING  TO  THE USE OF CONDOMS AND OTHER REPRODUCTIVE OR SEXUAL
HEALTH DEVICES AS EVIDENCE IN CERTAIN TRIALS, HEARINGS  OR  PROCEEDINGS,
OR AS A BASIS FOR PROBABLE CAUSE FOR ARREST, INCLUDING THAT UNAUTHORIZED
SEIZURE  OR  CONFISCATION  OF  CONDOMS  AND OTHER REPRODUCTIVE OR SEXUAL
HEALTH DEVICES IS A BREACH OF PUBLIC POLICY.
  S 8. The legislative law is amended by adding a new section 49 to read
as follows:
  S 49. REQUIREMENT WITH RESPECT TO BILLS AMENDING  CERTAIN  LAWS  WHICH
AFFECT HEALTH AND HUMAN RIGHTS. WHENEVER A COMMITTEE FAVORABLY REPORTS A
BILL TO AMEND ARTICLES TWO HUNDRED THIRTY OR SECTION 240.37 OF THE PENAL
LAW,  OR, AT THE DISCRETION OF THE VOTING MAJORITY OF THE COMMITTEE, ANY
BILL WHICH, IF PASSED, WOULD INCREASE OR DECREASE THE NUMBER  OF  ARRES-
TEES  OR  PRETRIAL OR SENTENCED POPULATION OF CORRECTIONAL FACILITIES IN
THIS STATE, A MAJORITY OF THE COMMITTEE MEMBERS VOTING MAY REQUEST  THAT
A HEALTH AND HUMAN RIGHTS IMPACT STATEMENT BE PREPARED.  THE LEGISLATURE
SHALL  BY  CONCURRENT  RESOLUTION  OF  THE SENATE AND ASSEMBLY PRESCRIBE
RULES REQUIRING HEALTH AND HUMAN RIGHTS IMPACT STATEMENTS TO  ACCOMPANY,
ON  A SEPARATE FORM, BILLS AND AMENDMENTS TO BILLS AFTER SUCH BILLS HAVE
BEEN REPORTED FROM COMMITTEE.  HEALTH AND HUMAN RIGHTS IMPACT STATEMENTS
SHALL BE PREPARED BEFORE THE BILL IS CONSIDERED FOR FINAL  PASSAGE.  THE
STATEMENT  SHALL INDICATE WHETHER THE BILL WOULD HAVE A DISPARATE IMPACT
BY  RACE,  ETHNICITY,  RELIGION,  AGE,  GENDER,   GENDER   IDENTITY   OR
EXPRESSION, SEXUAL ORIENTATION, IMMIGRATION STATUS, DISABILITY, OR HOUS-
ING  STATUS  COMPOSITION OF THE ARRESTEE AND CORRECTIONAL FACILITY POPU-
LATION AND AN EXPLANATION OF THAT IMPACT. ANY IMPACT  STATEMENT  PRINTED
WITH  OR  PREPARED  FOR A BILL IS SOLELY FOR THE PURPOSE OF INFORMATION,
SUMMARIZATION AND EXPLANATION FOR MEMBERS OF THE LEGISLATURE  AND  SHALL
NOT  BE  CONSTRUED  TO REPRESENT THE INTENT OF THE LEGISLATURE OR EITHER
CHAMBER THEREOF FOR ANY PURPOSE. EACH IMPACT STATEMENT  SHALL  BEAR  THE
FOLLOWING  DISCLAIMER:  "THE  FOLLOWING  HEALTH  AND HUMAN RIGHTS IMPACT
STATEMENT IS PREPARED FOR THE BENEFIT OF THE MEMBERS OF THE LEGISLATURE,
SOLELY FOR PURPOSES OF INFORMATION, SUMMARIZATION  AND  EXPLANATION  AND
DOES NOT REPRESENT THE INTENT OF THE LEGISLATURE OR EITHER CHAMBER THER-
EOF FOR ANY PURPOSE."
  S  9.  The  legislative law is amended by adding a new section 83-n to
read as follows:
  S 83-N. LEGISLATIVE COMMISSION ON HEALTH AND HUMAN RIGHTS.
  1. THE LEGISLATURE HEREBY FINDS THAT PROMOTING AND  PROTECTING  HEALTH
AND  RESPECTING  AND FULFILLING HUMAN RIGHTS ARE NECESSARILY LINKED, AND
THAT COORDINATION BETWEEN HEALTH AND LAW ENFORCEMENT EFFORTS IS  CENTRAL

S. 5638                             5                            A. 7671

TO THE EFFECTIVE PROVISION OF GOVERNMENT SERVICES FOR THE BENEFIT OF THE
PEOPLE OF THE STATE.
  2.  A  LEGISLATIVE  COMMISSION  ON  HEALTH  AND HUMAN RIGHTS IS HEREBY
ESTABLISHED TO EXAMINE, EVALUATE  AND  MAKE  RECOMMENDATIONS  CONCERNING
RIGHTS-BASED  APPROACHES  TO  HEALTH  AND LAW ENFORCEMENT INTERVENTIONS.
THE COMMISSION SHALL ACT AS  A  MECHANISM  FOR  ONGOING  AND  MEANINGFUL
INVOLVEMENT  OF  THOSE  WHO ARE OR POTENTIALLY COULD BE AFFECTED BY THIS
LAW, INCLUDING, BUT NOT LIMITED TO, SURVIVORS OF TRAFFICKING, PEOPLE WHO
ARE OR ARE PROFILED AS BEING INVOLVED IN THE SEX TRADES, COMMUNITIES  OF
COLOR,  LESBIAN,  GAY,  BISEXUAL  AND  TRANSGENDER PEOPLE, AND PEOPLE IN
CUSTODIAL SETTINGS. THE COMMISSION SHALL PROVIDE MONITORING  AND  EXPERT
PERSPECTIVE  TO THE LEGISLATURE, PROMOTING AWARENESS OF PROBLEMS IN REAL
TIME AS THEY EMERGE, INCREASE COOPERATION AND COLLABORATION BETWEEN  THE
INDIVIDUALS AND COMMUNITIES DIRECTLY IMPACTED AND THEIR LEGISLATORS, AND
ALLOW  LEGISLATORS TO SHARE RESPONSIBILITY FOR SUCCESSES AND FAILURES OF
THESE INITIATIVES. THE COMMISSION SHALL MAKE SUCH RECOMMENDATIONS AS  IT
MAY  DEEM  NECESSARY AS TO REGULATIONS, POLICIES, PROGRAMS, AND PROPOSED
LEGISLATION TO PROVIDE AN EQUITABLE SYSTEM OF PROVIDING FOR  THE  PUBLIC
SAFETY WHILE ALSO PROTECTING PUBLIC HEALTH, TO ENCOURAGE THE MOST EFFEC-
TIVE  USE OF STATE AND LOCAL RESOURCES, TO PRESERVE THE FISCAL INTEGRITY
OF BOTH STATE AND LOCAL  GOVERNMENT  HEALTH  SYSTEMS  AND  OTHERWISE  TO
STRENGTHEN THE FUNDAMENTAL HUMAN RIGHT TO HEALTH.
  3.  THE COMMISSION SHALL CONSIST OF TEN REPRESENTATIVES FROM ORGANIZA-
TIONS THAT PROMOTE ADVOCACY BY AND FOR  DIRECTLY  IMPACTED  COMMUNITIES.
FROM  AMONG THE MEMBERS SO APPOINTED, A CHAIRPERSON AND VICE CHAIRPERSON
SHALL BE DESIGNATED BY THE JOINT  ACTION  OF  THE  CHAIRPERSONS  OF  THE
SENATE  AND  ASSEMBLY  HEALTH COMMITTEES. ANY VACANCY THAT OCCURS IN THE
COMMISSION OR IN THE CHAIRMANSHIP OR VICE CHAIRMANSHIP SHALL  BE  FILLED
IN  THE SAME MANNER IN WHICH THE ORIGINAL APPOINTMENT OR DESIGNATION WAS
MADE.
  4. THE COMMISSION IN ADDITION TO THE ABOVE MENTIONED POWERS SHALL HAVE
ALL THE POWERS AND PRIVILEGES OF A  LEGISLATIVE  COMMITTEE  PURSUANT  TO
THIS CHAPTER.
  5.  FOR  THE  ACCOMPLISHMENT  OF  ITS PURPOSE, THE COMMISSION SHALL BE
AUTHORIZED AND EMPOWERED TO UNDERTAKE ANY  STUDY,  INQUIRY,  SURVEY,  OR
ANALYSIS  IT  MAY DEEM RELEVANT THROUGH ITS OWN PERSONNEL IN COOPERATION
WITH OR BY AGREEMENT WITH ANY OTHER PUBLIC OR PRIVATE AGENCY.
  6. THE COMMISSION MAY REQUIRE AND SHALL RECEIVE FROM  ANY  DEPARTMENT,
BOARD,  BUREAU,  COMMISSION, AUTHORITY, OFFICE, OR OTHER INSTRUMENTALITY
OF THE STATE, AND FROM ANY COUNTY, CITY, TOWN OR VILLAGE OF THIS  STATE,
SUCH  FACILITIES, ASSISTANCE, AND DATA, AS IT DEEMS NECESSARY OR DESIRA-
BLE FOR PROPER EXECUTION OF ITS POWERS AND DUTIES.
  7. THE COMMISSION MAY HOLD PUBLIC OR PRIVATE HEARINGS AND  SHALL  HAVE
FULL  POWERS TO SUBPOENA WITNESSES AND ALL RECORDS OR DATA IT SHALL DEEM
NECESSARY OR DESIRABLE PURSUANT TO THIS CHAPTER.
  8. THE MEMBERS OF THE COMMISSION SHALL SERVE ON A VOLUNTARY BASIS  AND
RECEIVE NO COMPENSATION FOR THEIR SERVICES.
  S  10.  Paragraph (f) of subdivision 4 of section 837 of the executive
law, as amended by chapter 169 of the laws of 1994, is amended and a new
paragraph (g) is added to read as follows:
  (f) Accomplish all of the functions, powers, and duties set  forth  in
paragraphs (a), (b), (c) and (d) of this subdivision with respect to the
processing  and  disposition  of cases involving violent felony offenses
specified in subdivision one of section 70.02 of the penal law; AND
  (G) ACCOMPLISH ALL OF THE FUNCTIONS, POWERS, AND DUTIES SET  FORTH  IN
PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVISION WITH RESPECT TO ALL

S. 5638                             6                            A. 7671

CHAPTERS  OF LAW RESULTING FROM LEGISLATIVE BILLS THAT HAVE BEEN SUBJECT
TO THE PROVISIONS OF  SECTIONS  FORTY-NINE  AND  EIGHTY-THREE-N  OF  THE
LEGISLATIVE  LAW. THE DIVISION SHALL PRESENT TO THE GOVERNOR, THE TEMPO-
RARY  PRESIDENT  OF  THE  SENATE, THE MINORITY LEADER OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY AN ANNU-
AL REPORT CONTAINING THE STATISTICS AND OTHER  INFORMATION  RELEVANT  TO
THIS SUBDIVISION.
  S  11.  If any provision of this article or the application thereof to
any person, circumstances, or political subdivision  of  this  state  is
adjudged  invalid  by  a  court  of competent jurisdiction such judgment
shall not affect or impair the validity of the other provisions  of  the
article  or  the  application thereof to other political subdivisions of
this state, persons, and circumstances.
  S 12. This act shall take effect on the first of March next succeeding
the date on which it shall have become a law.

senate Bill S5567A

2015-2016 Legislative Session

Authorizes a plea of guilty and the payment of fines or penalties electronically via the internet

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 (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 committed to rules
Jun 01, 2016 advanced to third reading
May 25, 2016 2nd report cal.
May 24, 2016 1st report cal.1108
Jan 06, 2016 referred to transportation
May 28, 2015 print number 5567a
amend (t) and recommit to transportation
May 14, 2015 referred to transportation

Bill Amendments

S5567
S5567A
S5567
S5567A

S5567 - Bill Details

See Assembly Version of this Bill:
A7455A
Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1805, V & T L
Versions Introduced in 2015-2016 Legislative Session:
A7455

S5567 - Bill Texts

view summary

Authorizes a plea of guilty and the payment of fines or penalties electronically via the internet.

view sponsor memo
BILL NUMBER:S5567

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to authorizing
the payment of fines or penalties via the internet

PURPOSE OF BILL:

The purpose of this legislation is to authorize courts to provide for
the payment of fines or penalties electronically.

SUMMARY OF PROVISIONS:

Section 1. Section 1805 of the Vehicle and Traffic Law is amended by
adding the following sentence. Such fine or penalty may be paid via the
Internet in a manner and condition prescribed by the court.

Section 2. Establishes the effective date.

JUSTIFICATION:

This legislation would permit municipal courts to process guilty plea
payments via the Internet. Currently, traffic law violators can plead
guilty and pay fines by mailing payments to the court where the
violation took place. The payments must be physically mailed and staff
must enter data and process payments in a time consuming fashion. In
providing payment through electronic means, the payment process is
streamlined, saving time and therefore reducing costs.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

The only fiscal implication connected to the passage of this legislation
is a savings to municipal courts.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  5567

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
  the payment of fines or penalties via the internet

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

  Section 1. Section 1805 of the vehicle and traffic law, as amended  by
chapter 182 of the laws of 2004, is amended to read as follows:
  S 1805. Plea  of  guilty, how put in. The provisions of section 170.10
of the criminal procedure law and the  provisions  of  section  eighteen
hundred  seven  of this article may be waived, to the extent hereinafter
indicated, by a defendant charged with a violation of any  provision  of
the  tax  law or the transportation law regulating traffic, or a traffic
infraction, as defined in this chapter, other than a third or subsequent
speeding  violation  committed  within  a  period  of  eighteen  months,
provided  that he shall submit to the local criminal court having juris-
diction, in person, by duly authorized agent, by first class mail or  by
registered  or  certified mail, return receipt requested, an application
setting forth (a) the nature of  the  charge,  (b)  the  information  or
instructions  required by section eighteen hundred seven of this article
to be given  defendant  upon  arraignment,  (c)  that  defendant  waives
arraignment  in  open  court  and the aid of counsel, (d) that he pleads
guilty to the offense as charged, (e) that defendant elects and requests
that the charge be disposed of and the fine  or  penalty  fixed  by  the
court,  pursuant  to this section, (f) any statement or explanation that
the defendant may desire to make concerning the offense charged and  (g)
that  defendant  makes  all  statements with respect to such application
under penalty of perjury. This application shall be in such form as  the
commissioner  shall  prescribe and a copy thereof shall be handed to the
defendant by the officer charging him with such offense.  Thereupon  the
local  criminal  court  may  proceed  as  though  the defendant had been

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10194-01-5

S. 5567                             2

convicted upon a plea of guilty in open court, provided,  however,  that
any  imposition  of  fine or penalty hereunder shall be deemed tentative
until such fine or penalty shall have been paid and discharged in  full,
prior  to  which  time  such  court,  in  its  discretion, may annul any
proceedings hereunder, including such tentative imposition  of  fine  or
penalty,  and  deny  the application, in which event the charge shall be
disposed of pursuant to the applicable provisions of law, as  though  no
proceedings  had  been had under this section.  SUCH FINE OR PENALTY MAY
BE PAID VIA THE INTERNET IN A MANNER AND  CONDITION  PRESCRIBED  BY  THE
COURT.  If  upon  receipt  of the aforesaid application such court shall
deny the same, it shall thereupon inform the defendant of this fact, and
that he is required to appear before the said court at a stated time and
place to answer the charge which shall thereafter be disposed of  pursu-
ant to the applicable provisions of law.
  S 2. This act shall take effect immediately.

S5567A - Bill Details

See Assembly Version of this Bill:
A7455A
Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1805, V & T L
Versions Introduced in 2015-2016 Legislative Session:
A7455

S5567A - Bill Texts

view summary

Authorizes a plea of guilty and the payment of fines or penalties electronically via the internet.

view sponsor memo
BILL NUMBER:S5567A

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to
authorizing a plea of guilty and payment of fines or penalties
electronically via the internet

PURPOSE OR GENERAL IDEA OF BILL:

This legislation authorizes a plea of guilty and payment of fines or
penalties electronically via the internet. courts to provide for the
payment of fines or penalties electronically.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Section 1805 of the vehicle and traffic law, as amended by
chapter 182 of the laws of 2004, is amended to read as follows:

How to put in guilty plea to include: electronically via the internet,
which method shall include instructions relating to the use of an
electronic signature. Such fine or penalty may be paid electronically
via the internet in a manner and condition prescribed by the court.

§ 2. Sets forth effective date.

JUSTIFICATION:

This legislation would permit municipal courts to process guilty pleas
and accompanying payments via the internet. Currently traffic law
violators can plead guilty and pay fines by mailing payments to the
court where the violation took place. The payments must be physically
mailed and staff must enter data and process payments in a time
consuming fashion. In providing for payment through electronic means,
the payment process is streamlined saving time and therefore reducing
costs.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

Savings to municipal courts.

EFFECTIVE DATE:

This act shall take effect on the 120th day after it shall have become
law.

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

                                 5567--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
  a  plea of guilty and payment of fines or penalties electronically via
  the internet

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

  Section  1. Section 1805 of the vehicle and traffic law, as amended by
chapter 182 of the laws of 2004, is amended to read as follows:
  S 1805. Plea of guilty, how put in. The provisions of  section  170.10
of  the  criminal  procedure  law and the provisions of section eighteen
hundred seven of this article may be waived, to the  extent  hereinafter
indicated,  by  a defendant charged with a violation of any provision of
the tax law or the transportation law regulating traffic, or  a  traffic
infraction, as defined in this chapter, other than a third or subsequent
speeding  violation  committed  within  a  period  of  eighteen  months,
provided that he OR SHE shall submit to the local criminal court  having
jurisdiction,  in  person, by duly authorized agent, by first class mail
or by registered or certified mail, return receipt requested,  OR  ELEC-
TRONICALLY  VIA  THE  INTERNET,  WHICH METHOD SHALL INCLUDE INSTRUCTIONS
RELATING TO THE USE OF AN ELECTRONIC SIGNATURE, an  application  setting
forth  (a) the nature of the charge, (b) the information or instructions
required by section eighteen hundred seven of this article to  be  given
defendant  upon  arraignment,  (c)  that defendant waives arraignment in
open court and the aid of counsel, (d) that he OR SHE pleads  guilty  to
the  offense as charged, (e) that defendant elects and requests that the
charge be disposed of and the fine or penalty fixed by the court, pursu-
ant to this section, (f) any statement or explanation that the defendant
may desire to make concerning the offense charged and (g) that defendant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10194-03-5

S. 5567--A                          2

makes all statements with respect to such application under  penalty  of
perjury.  This  application  shall  be  in such form as the commissioner
shall prescribe and a copy thereof shall be handed to the  defendant  by
the  officer  charging him OR HER with such offense. Thereupon the local
criminal court may proceed as though the defendant  had  been  convicted
upon a plea of guilty in open court, provided, however, that any imposi-
tion  of  fine or penalty hereunder shall be deemed tentative until such
fine or penalty shall have been paid and discharged in  full,  prior  to
which  time  such  court,  in  its discretion, may annul any proceedings
hereunder, including such tentative imposition of fine or  penalty,  and
deny  the  application,  in  which event the charge shall be disposed of
pursuant to the applicable provisions of law, as though  no  proceedings
had been had under this section.  SUCH FINE OR PENALTY MAY BE PAID ELEC-
TRONICALLY  VIA THE INTERNET IN A MANNER AND CONDITION PRESCRIBED BY THE
COURT. If upon receipt of the aforesaid  application  such  court  shall
deny the same, it shall thereupon inform the defendant of this fact, and
that  he  OR SHE is required to appear before the said court at a stated
time and place to answer the charge which shall thereafter  be  disposed
of pursuant to the applicable provisions of law.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date is authorized and directed to
be made and completed on or before such effective date.

senate Bill S5567

2015-2016 Legislative Session

Authorizes a plea of guilty and the payment of fines or penalties electronically via the internet

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 (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 committed to rules
Jun 01, 2016 advanced to third reading
May 25, 2016 2nd report cal.
May 24, 2016 1st report cal.1108
Jan 06, 2016 referred to transportation
May 28, 2015 print number 5567a
amend (t) and recommit to transportation
May 14, 2015 referred to transportation

Bill Amendments

S5567
S5567A
S5567
S5567A

S5567 - Bill Details

Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1805, V & T L
Versions Introduced in 2015-2016 Legislative Session:
A7455

S5567 - Bill Texts

view summary

Authorizes a plea of guilty and the payment of fines or penalties electronically via the internet.

view sponsor memo
BILL NUMBER:S5567

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to authorizing
the payment of fines or penalties via the internet

PURPOSE OF BILL:

The purpose of this legislation is to authorize courts to provide for
the payment of fines or penalties electronically.

SUMMARY OF PROVISIONS:

Section 1. Section 1805 of the Vehicle and Traffic Law is amended by
adding the following sentence. Such fine or penalty may be paid via the
Internet in a manner and condition prescribed by the court.

Section 2. Establishes the effective date.

JUSTIFICATION:

This legislation would permit municipal courts to process guilty plea
payments via the Internet. Currently, traffic law violators can plead
guilty and pay fines by mailing payments to the court where the
violation took place. The payments must be physically mailed and staff
must enter data and process payments in a time consuming fashion. In
providing payment through electronic means, the payment process is
streamlined, saving time and therefore reducing costs.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

The only fiscal implication connected to the passage of this legislation
is a savings to municipal courts.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  5567

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
  the payment of fines or penalties via the internet

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

  Section 1. Section 1805 of the vehicle and traffic law, as amended  by
chapter 182 of the laws of 2004, is amended to read as follows:
  S 1805. Plea  of  guilty, how put in. The provisions of section 170.10
of the criminal procedure law and the  provisions  of  section  eighteen
hundred  seven  of this article may be waived, to the extent hereinafter
indicated, by a defendant charged with a violation of any  provision  of
the  tax  law or the transportation law regulating traffic, or a traffic
infraction, as defined in this chapter, other than a third or subsequent
speeding  violation  committed  within  a  period  of  eighteen  months,
provided  that he shall submit to the local criminal court having juris-
diction, in person, by duly authorized agent, by first class mail or  by
registered  or  certified mail, return receipt requested, an application
setting forth (a) the nature of  the  charge,  (b)  the  information  or
instructions  required by section eighteen hundred seven of this article
to be given  defendant  upon  arraignment,  (c)  that  defendant  waives
arraignment  in  open  court  and the aid of counsel, (d) that he pleads
guilty to the offense as charged, (e) that defendant elects and requests
that the charge be disposed of and the fine  or  penalty  fixed  by  the
court,  pursuant  to this section, (f) any statement or explanation that
the defendant may desire to make concerning the offense charged and  (g)
that  defendant  makes  all  statements with respect to such application
under penalty of perjury. This application shall be in such form as  the
commissioner  shall  prescribe and a copy thereof shall be handed to the
defendant by the officer charging him with such offense.  Thereupon  the
local  criminal  court  may  proceed  as  though  the defendant had been

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10194-01-5

S. 5567                             2

convicted upon a plea of guilty in open court, provided,  however,  that
any  imposition  of  fine or penalty hereunder shall be deemed tentative
until such fine or penalty shall have been paid and discharged in  full,
prior  to  which  time  such  court,  in  its  discretion, may annul any
proceedings hereunder, including such tentative imposition  of  fine  or
penalty,  and  deny  the application, in which event the charge shall be
disposed of pursuant to the applicable provisions of law, as  though  no
proceedings  had  been had under this section.  SUCH FINE OR PENALTY MAY
BE PAID VIA THE INTERNET IN A MANNER AND  CONDITION  PRESCRIBED  BY  THE
COURT.  If  upon  receipt  of the aforesaid application such court shall
deny the same, it shall thereupon inform the defendant of this fact, and
that he is required to appear before the said court at a stated time and
place to answer the charge which shall thereafter be disposed of  pursu-
ant to the applicable provisions of law.
  S 2. This act shall take effect immediately.

S5567A - Bill Details

Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1805, V & T L
Versions Introduced in 2015-2016 Legislative Session:
A7455

S5567A - Bill Texts

view summary

Authorizes a plea of guilty and the payment of fines or penalties electronically via the internet.

view sponsor memo
BILL NUMBER:S5567A

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to
authorizing a plea of guilty and payment of fines or penalties
electronically via the internet

PURPOSE OR GENERAL IDEA OF BILL:

This legislation authorizes a plea of guilty and payment of fines or
penalties electronically via the internet. courts to provide for the
payment of fines or penalties electronically.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Section 1805 of the vehicle and traffic law, as amended by
chapter 182 of the laws of 2004, is amended to read as follows:

How to put in guilty plea to include: electronically via the internet,
which method shall include instructions relating to the use of an
electronic signature. Such fine or penalty may be paid electronically
via the internet in a manner and condition prescribed by the court.

§ 2. Sets forth effective date.

JUSTIFICATION:

This legislation would permit municipal courts to process guilty pleas
and accompanying payments via the internet. Currently traffic law
violators can plead guilty and pay fines by mailing payments to the
court where the violation took place. The payments must be physically
mailed and staff must enter data and process payments in a time
consuming fashion. In providing for payment through electronic means,
the payment process is streamlined saving time and therefore reducing
costs.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

Savings to municipal courts.

EFFECTIVE DATE:

This act shall take effect on the 120th day after it shall have become
law.

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

                                 5567--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
  a  plea of guilty and payment of fines or penalties electronically via
  the internet

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

  Section  1. Section 1805 of the vehicle and traffic law, as amended by
chapter 182 of the laws of 2004, is amended to read as follows:
  S 1805. Plea of guilty, how put in. The provisions of  section  170.10
of  the  criminal  procedure  law and the provisions of section eighteen
hundred seven of this article may be waived, to the  extent  hereinafter
indicated,  by  a defendant charged with a violation of any provision of
the tax law or the transportation law regulating traffic, or  a  traffic
infraction, as defined in this chapter, other than a third or subsequent
speeding  violation  committed  within  a  period  of  eighteen  months,
provided that he OR SHE shall submit to the local criminal court  having
jurisdiction,  in  person, by duly authorized agent, by first class mail
or by registered or certified mail, return receipt requested,  OR  ELEC-
TRONICALLY  VIA  THE  INTERNET,  WHICH METHOD SHALL INCLUDE INSTRUCTIONS
RELATING TO THE USE OF AN ELECTRONIC SIGNATURE, an  application  setting
forth  (a) the nature of the charge, (b) the information or instructions
required by section eighteen hundred seven of this article to  be  given
defendant  upon  arraignment,  (c)  that defendant waives arraignment in
open court and the aid of counsel, (d) that he OR SHE pleads  guilty  to
the  offense as charged, (e) that defendant elects and requests that the
charge be disposed of and the fine or penalty fixed by the court, pursu-
ant to this section, (f) any statement or explanation that the defendant
may desire to make concerning the offense charged and (g) that defendant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10194-03-5

S. 5567--A                          2

makes all statements with respect to such application under  penalty  of
perjury.  This  application  shall  be  in such form as the commissioner
shall prescribe and a copy thereof shall be handed to the  defendant  by
the  officer  charging him OR HER with such offense. Thereupon the local
criminal court may proceed as though the defendant  had  been  convicted
upon a plea of guilty in open court, provided, however, that any imposi-
tion  of  fine or penalty hereunder shall be deemed tentative until such
fine or penalty shall have been paid and discharged in  full,  prior  to
which  time  such  court,  in  its discretion, may annul any proceedings
hereunder, including such tentative imposition of fine or  penalty,  and
deny  the  application,  in  which event the charge shall be disposed of
pursuant to the applicable provisions of law, as though  no  proceedings
had been had under this section.  SUCH FINE OR PENALTY MAY BE PAID ELEC-
TRONICALLY  VIA THE INTERNET IN A MANNER AND CONDITION PRESCRIBED BY THE
COURT. If upon receipt of the aforesaid  application  such  court  shall
deny the same, it shall thereupon inform the defendant of this fact, and
that  he  OR SHE is required to appear before the said court at a stated
time and place to answer the charge which shall thereafter  be  disposed
of pursuant to the applicable provisions of law.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date is authorized and directed to
be made and completed on or before such effective date.

senate Bill S5525A

2015-2016 Legislative Session

Prohibits county and state political chairmen and chairwomen from becoming registered lobbyists

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 finance
May 28, 2015 print number 5525a
amend and recommit to finance
May 14, 2015 referred to finance

Bill Amendments

S5525
S5525A
S5525
S5525A

S5525 - Bill Details

Current Committee:
Senate Finance
Law Section:
Legislative Law
Laws Affected:
Amd §1-c, Leg L

S5525 - Bill Texts

view summary

Prohibits county and state political chairmen and chairwomen from becoming registered lobbyists.

view sponsor memo
BILL NUMBER:S5525

TITLE OF BILL:

An act to amend the legislative law, in relation to prohibiting
certain persons from registering to lobby

TITLE OF BILL:

An act to amend the legislative law, in relation to prohibiting
certain persons from registering to lobby

PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit state and county political party chairmen and
women from registering as a lobbyist and directly lobbying the
legislature.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends subdivision a section 1-c of the legislative law.
Prohibits state and county political chairmen and women from lobbying.

JUSTIFICATION:

Political party chairs have wide influence. This bill adds state or
county political party chairs to the list of individuals who cannot
register as lobbyists. Legislators are beholden to their constituents
and should be separated from influence by special interests.

Political party chairpeople have considerable sway over the ability of
candidates to secure a ballot line. This bill will prevent actual or
perceived excess influence from powerful political leaders. This
potential conflict of interested would be avoided by preventing
political party chairs from lobbying the state legislature.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

Immediately

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

                                  5525

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

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

AN ACT to amend the legislative law, in relation to prohibiting  certain
  persons from registering to lobby

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

  Section 1. Subdivision (a) of section 1-c of the  legislative  law  is
amended by adding a new paragraph (iii) to read as follows:
  (III)  ANY INDIVIDUAL WHO IS A COUNTY POLITICAL CHAIRMAN OR CHAIRWOMAN
OR A STATE POLITICAL CHAIRMAN OR CHAIRWOMAN SHALL NOT UNDER ANY  CIRCUM-
STANCES ENGAGE IN LOBBYING.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11113-01-5

S5525A - Bill Details

Current Committee:
Senate Finance
Law Section:
Legislative Law
Laws Affected:
Amd §1-c, Leg L

S5525A - Bill Texts

view summary

Prohibits county and state political chairmen and chairwomen from becoming registered lobbyists.

view sponsor memo
BILL NUMBER:S5525A

PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit state and county political party chairmen and
women from registering as lobbyists and directly lobbying the
legislature on behalf of clients.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends subdivision a section 1-c of the legislative law.
Prohibits state and county political chairmen and women from
registering as lobbyists.

JUSTIFICATION:

Political party chairs have wide influence. This bill adds state or
county political party chairs to the list of individuals who cannot
register as lobbyists. Legislators are beholden to their constituents
and should be separated from influence by special interests.

Political party chairpeople have considerable sway over the ability of
candidates to secure a ballot line. This bill will prevent actual or
perceived excess influence from powerful political leaders. This
potential conflict of interest would be avoided by preventing
political party chairs from lobbying the state legislature on behalf
of clients.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

Immediately

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

                                 5525--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

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

AN  ACT to amend the legislative law, in relation to prohibiting certain
  persons from registering to lobby

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

  Section  1.  Subdivision  (a) of section 1-c of the legislative law is
amended by adding a new paragraph (iii) to read as follows:
  (III) ANY INDIVIDUAL WHO IS A COUNTY POLITICAL CHAIRMAN OR  CHAIRWOMAN
OR  A STATE POLITICAL CHAIRMAN OR CHAIRWOMAN MAY NOT BECOME A REGISTERED
LOBBYIST.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11113-02-5

Pages