senate Bill S5489

2015-2016 Legislative Session

Grants the department of financial services jurisdiction over the financing of motor vehicles

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Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 08, 2016 reported and committed to rules
Jan 06, 2016 referred to banks
May 14, 2015 referred to banks

Co-Sponsors

S5489 - Bill Details

See Assembly Version of this Bill:
A7865
Current Committee:
Senate Rules
Law Section:
Financial Services Law
Laws Affected:
Amd §§104, 205 & 301, Fin Serv L; amd §415, V & T L

S5489 - Bill Texts

view summary

Grants the department of financial services jurisdiction over the financing of motor vehicles; requires motor vehicle dealer finance managers to be licensed by the department of financial services.

view sponsor memo
BILL NUMBER:S5489

TITLE OF BILL: An act to amend the financial services law, in
relation to the jurisdiction of the department of financial services
over the financing of motor vehicles; and to amend the vehicle and
traffic law, in relation to the licensing of motor vehicle dealer
finance managers

PURPOSE: This bill gives the Department of Financial Services
jurisdiction over auto financing, and places auto financing
transactions under the definition of a "financial product or service."
It also authorizes the Department of Financial Services (DFS) to
establish a motor vehicle financing bureau, and gives DFS regulatory
authority over financing transactions and financing departments at
auto dealerships. It also requires auto dealerships to designate a
finance manager and to license said financing manager with the
Department of Financial Services. The Department of Financial Services
may establish a licensing course and charge a nominal licensing fee
for financing managers not to exceed $200 during any 2 year period.

SUMMARY OF PROVISIONS:

Section 1: Amends Subparagraph (B) of paragraph 2 of subsection (a) of
section 104 of the financial services law to provide that all motor
vehicle sales financing transactions, whether said financing is
originated at an auto dealership or a lending institution, shall fall
under the jurisdiction of the Department of Financial Services as a
"financial product or service."

Section 2: Amends the opening paragraph of section 205 of the
financial services law to add a subsection (b) which authorizes the
Superintendent of the Department of Financial Services to establish a
"motor vehicle financing bureau," and to promulgate any and all rules
and regulations necessary to regulate motor vehicle financing
transactions and motor vehicle financing departments.

Section 3: Amends paragraphs 6 and 7 of subsection (c) of section 301
of the financial services law to add four new paragraphs which will
allow the Department of Financial services to (1) promulgate rules and
regulations for motor vehicle dealer finance departments and finance
managers, (2) establish educational materials and/or mandated
instructional course(s) for motor vehicle dealer finance managers who
must also apply for licensing, (3) impose a licensing and course fee
for motor vehicle dealer finance manager applicants, not to exceed
$200 and 16 hours of instruction per every 2 years, and establish and
impose penalties, including license suspensions and revocations for
violations of Department of Financial Services regulations by motor
vehicle dealers and motor vehicle finance managers.

Section 4: Amends subdivision 3 of section 415 of the vehicle and
traffic law to require that any auto dealer who sells motor vehicles
which are financed, or who facilitates in any way the financing of
motor vehicles, must act as or employ a finance manager licensed by
the Department of Financial Services. Every finance manager must
complete the licensing course mandated by the Department of Financial
Services.


Section 5: This act shall take effect on the two hundred seventieth
day after it shall have become a law.

EXISTING LAW: Under current law, auto dealers are not subject to the
regulatory authority of the Department of Financial Services. Dealer
financing departments are largely unregulated and have little
oversight; there are few universal regulations that apply to auto
dealer financing transactions.

JUSTIFICATION: Abuses in auto lending (typically originated at
dealerships) are rampant. Scams targeting consumers involve fraudulent
loan applications, inflated vehicle sale prices, inflated application
income levels and false employment information, and addition of
add-ons like (sometimes nonexistent) warranties and insurances, etc.
These financing scams are very lucrative for car dealerships, but
often leave consumers thousands of dollars in debt, saddled with
vehicles they can never have been reasonably expected to afford, and
with few avenues of recovery. What's worse, in some cases, finance
managers have moved from dealer to dealer perpetrating the same
fraudulent activities with no licensing requirements, state oversight,
or a licensing registry to prevent them from doing so.

Currently, there are few universal regulations in the financial
divisions of car dealerships, despite that these dealerships behave
like lenders and many times are in fact lenders even though they sell
loans to larger banks and lenders almost immediately after a sale
takes place. Regulating dealerships' finance departments could help
bring them in line with consumer protection regulations in the banking
industry and standardize practices to protect consumers. The
Department of Financial Services currently does not have jurisdiction
over lenders who are also sellers of goods (the auto dealerships, in
this case).

Giving the Department of Financial Services jurisdiction over
dealership finance managers and their financing activities, and
requiring auto dealers to designate a finance manager, will help to
deter dishonest, deceptive, fraudulent, and criminal activities that
take place in dealer financing departments. Authorizing the Department
of Financial Services to establish a licensing course and/or
educational materials for finance managers will help auto dealerships
to better understand the regulations in the financing industry and
ensure that they are complying with all laws, rules, and regulations
necessary to protect consumers.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the two hundred
seventieth day after it shall have become a law.

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

                                  5489

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced by Sens. KLEIN, SAVINO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Banks

AN ACT to amend the financial services law, in relation to the jurisdic-
  tion  of  the  department  of financial services over the financing of
  motor vehicles; and to amend the vehicle and traffic law, in  relation
  to the licensing of motor vehicle dealer finance managers

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

  Section 1. Subparagraph (B)  of  paragraph  2  of  subsection  (a)  of
section 104 of the financial services law is amended to read as follows:
  (B)  "Financial product or service" shall also not include the follow-
ing, when offered or  provided  by  a  provider  of  consumer  goods  or
services:  (i) the extension of credit directly to a consumer exclusive-
ly  for  the purpose of enabling that consumer to purchase such consumer
good or service directly from the seller, (ii) the  collection  of  debt
arising  from  such credit, or (iii) the sale or conveyance of such debt
that is delinquent or otherwise in default.  PROVIDED, HOWEVER, THAT THE
PROVISIONS OF THIS SUBPARAGRAPH SHALL NOT APPLY TO  THE  SALE  OF  MOTOR
VEHICLES. EVERY SALE OF A MOTOR VEHICLE THAT INVOLVES FINANCING, WHETHER
ORIGINATED  AT A MOTOR VEHICLE DEALER OR AT A LENDING INSTITUTION, SHALL
BE DEEMED TO BE A "FINANCIAL PRODUCT OR SERVICE" WITHIN THE JURISDICTION
OF THE DEPARTMENT.
  S 2. The opening paragraph of section 205 of  the  financial  services
law  is  designated  subsection (a) and a new subsection (b) is added to
read as follows:
  (B) THE SUPERINTENDENT MAY, IN HIS  OR  HER  DISCRETION,  ESTABLISH  A
MOTOR  VEHICLE FINANCING BUREAU, AND TO PROMULGATE ANY AND ALL RULES AND
REGULATIONS NECESSARY TO REGULATE MOTOR VEHICLE  FINANCING  TRANSACTIONS
AND MOTOR VEHICLE DEALER FINANCING DEPARTMENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10989-03-5

S. 5489                             2

  S 3. Paragraphs 6 and 7 of subsection (c) of section 301 of the finan-
cial  services  law  are amended and four new paragraphs 8, 9, 10 and 11
are added to read as follows:
  (6)  providing  technical assistance to local governments and not-for-
profits in the development of consumer protection measures with  respect
to financial products and services; [and]
  (7)   continuing   and  expanding  the  detection,  investigation  and
prevention of insurance fraud[.];
  (8) PROMULGATING  RULES  AND  REGULATIONS  FOR  MOTOR  VEHICLE  DEALER
FINANCE DEPARTMENTS AND FINANCE MANAGERS;
  (9) ESTABLISHING EDUCATIONAL MATERIALS AND/OR MANDATED INSTRUCTION FOR
MOTOR VEHICLE DEALER FINANCE MANAGERS APPLYING FOR LICENSING PURSUANT TO
PARAGRAPH  D OF SUBDIVISION THREE OF SECTION FOUR HUNDRED FIFTEEN OF THE
VEHICLE AND TRAFFIC  LAW.  NO  SUCH  MANDATE  INSTRUCTION  SHALL  EXCEED
SIXTEEN HOURS DURING ANY BIENNIAL LICENSING PERIOD;
  (10)  IMPOSING  A  LICENSING  AND  COURSE FEE FOR MOTOR VEHICLE DEALER
FINANCE MANAGER APPLICANTS PURSUANT TO PARAGRAPH D OF SUBDIVISION  THREE
OF SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE AND TRAFFIC LAW; PROVIDED
THAT  SUCH  FEE  SHALL  NOT EXCEED TWO HUNDRED DOLLARS FOR EACH BIENNIAL
LICENSING PERIOD; AND
  (11) ESTABLISHING AND IMPOSING PENALTIES, AND LICENSE SUSPENSIONS  AND
REVOCATIONS  FOR  VIOLATIONS  BY MOTOR VEHICLE DEALERS AND MOTOR VEHICLE
DEALER FINANCE MANAGERS.
  S 4. Subdivision 3 of section 415 of the vehicle and  traffic  law  is
amended by adding a new paragraph d to read as follows:
  D.  (I)  EVERY DEALER WHICH SELLS MOTOR VEHICLES THAT ARE FINANCED, OR
WHICH FACILITATES IN ANY MANNER THE FINANCING OF  THE  PURCHASE  OF  ANY
MOTOR  VEHICLE,  SHALL  ACT  AS  OR  EMPLOY  AN INDIVIDUAL TO ACT AS THE
FINANCE MANAGER FOR  SUCH  DEALER,  AND  EVERY  SUCH  MANAGER  SHALL  BE
LICENSED BY THE DEPARTMENT OF FINANCIAL SERVICES.
  (II)  EVERY  LICENSED FINANCE MANAGER SHALL HAVE COMPLETED SUCH COURSE
OF INSTRUCTION AS SHALL BE ESTABLISHED BY THE  DEPARTMENT  OF  FINANCIAL
SERVICES.
  S  5.  This  act  shall  take effect on the two hundred seventieth day
after it shall have become a law.

senate Bill S4506

2015-2016 Legislative Session

Authorizes the New York city water board to grant a 10 percent discount on New York city water bills to senior citizens

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 (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2016 referred to cities
delivered to assembly
passed senate
Jun 01, 2016 ordered to third reading cal.1236
committee discharged and committed to rules
Jan 06, 2016 referred to corporations, authorities and commissions
returned to senate
died in assembly
May 27, 2015 referred to cities
delivered to assembly
passed senate
May 18, 2015 advanced to third reading
May 13, 2015 2nd report cal.
May 12, 2015 1st report cal.659
Mar 25, 2015 referred to corporations, authorities and commissions

Co-Sponsors

S4506 - Bill Details

See Assembly Version of this Bill:
A2886
Current Committee:
Assembly Cities
Law Section:
Public Authorities Law
Laws Affected:
Amd §1045-j, Pub Auth L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S2140, A3871
2011-2012: S4688, A5267
2009-2010: S4575, A8369

S4506 - Bill Texts

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Authorizes the New York city water board to grant a 10 percent discount on NYC water bills to senior citizens.

view sponsor memo
BILL NUMBER:S4506

TITLE OF BILL:

An act to amend the public authorities law, in relation to providing a
discount for senior citizens in the city of New York for such persons'
water bills

PURPOSE:

To provide a 10% discount for every New York City senior citizens
water bill.

SUMMARY OF PROVISIONS:

Section one amends section 1045-j of the public authorities law by
adding a new subdivision 3-a to establish a 10% discount for all
senior citizens water bill.

JUSTIFICATION:

Double digit water rate increases are hurting people's budgets,
especially our senior citizens who are living on fixed incomes and
struggling to make ends meet in these tough economic times. In the
last two years alone the New York City's Water Board raised water
rates by 14.5% in 2008. In 2009 the Water Board met again and raised
water rates another 14%. Senior citizens cannot afford these double
digit increases especially when the cost of living is on the rise.
This bill, by providing a 10% discount would give some relief to
seniors who should be enjoying their lives instead of worrying about
how they are going to pay their next City water bill.

LEGISLATIVE HISTORY:

2014: S2140 Referred to Corporations, Authorities and Commissions /
A3871 Referred to Cities
2012: S.4688 - Referred to Corporations/A.5267- Referred to Cities.
2011: S.4688 - Referred to Corporations/A.5267 Referred to Cities.
2010: S.4575 - Reported to Finance/A.8369 - Referred Referred to
Cities.
2009: S.4575 - Reported to Finance/A.8369 - Referred Referred to
Cities.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

180 days after enactment.

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

                                  4506

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 25, 2015
                               ___________

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

AN  ACT  to amend the public authorities law, in relation to providing a
  discount for senior citizens in the city of New York for such persons'
  water bills

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

  Section  1. Section 1045-j of the public authorities law is amended by
adding a new subdivision 3-a to read as follows:
  3-A. NOTWITHSTANDING ANY OTHER LAW, THE WATER BOARD MAY PROVIDE A  TEN
PERCENT  DISCOUNT  FOR  ALL  SENIOR CITIZENS FROM THE FEE, RATE, RENT OR
OTHER CHARGE ESTABLISHED PURSUANT TO THIS SECTION. FOR PURPOSES OF  THIS
SUBDIVISION,  "SENIOR  CITIZEN" SHALL MEAN A RESIDENT OF THE CITY WHO IS
AGE SIXTY-FIVE OR OLDER. THE WATER BOARD MAY PROMULGATE RULES AND  REGU-
LATIONS NECESSARY TO CARRY OUT THE PURPOSES OF THIS SUBDIVISION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00751-01-5

senate Bill S3511

2015-2016 Legislative Session

Relates to crime of staging a motor vehicle accident

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 (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 04, 2016 referred to codes
delivered to assembly
passed senate
Mar 30, 2016 advanced to third reading
Mar 29, 2016 2nd report cal.
Mar 28, 2016 1st report cal.489
Jan 06, 2016 referred to codes
returned to senate
died in assembly
Mar 23, 2015 referred to codes
delivered to assembly
passed senate
Mar 12, 2015 advanced to third reading
Mar 11, 2015 2nd report cal.
Mar 10, 2015 1st report cal.229
Feb 11, 2015 referred to codes

Co-Sponsors

S3511 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§176.75, 176.80 & 176.85, Pen L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3547
2011-2012: S1685
2009-2010: S6450

S3511 - Bill Texts

view summary

Creates the crimes of staging a motor vehicle accident in the first, second and third degrees; prohibits acting as a passenger or an operator of a motor vehicle with intent to defraud by means of planning and execution of an accident; provides crime is a class B felony if an uninvolved party is injured.

view sponsor memo
BILL NUMBER:S3511

TITLE OF BILL: An act to amend the penal law, in relation to staging
a motor vehicle accident

SUMMARY OF PROVISIONS: This bill would establish a new crime of
staging a motor vehicle accident A person who operates a motor
vehicle and intentionally causes a collision with intent to commit
insurance fraud or arranges to have another person intentionally cause
such a collision shall be guilty of staging a motor vehicle accident
in the third degree which would be punishable as a class D felony.

A person would be guilty of staging a motor vehicle accident in the
second degree, punishable as a class C felony, if he or she commits
the offense of staging a motor vehicle accident in the third degree
and has been previously convicted of an insurance fraud crime within
the preceding five years. A person would be guilty of staging in the
first degree, punishable as a class B felony, if a person commits the
offense of staging in the third degree and causes serious personal
injury or death to another person other than a participant in such
offense.

JUSTIFICATION: On March 22, 2003, Alice Ross, a 71 year old
grandmother, was killed as the result of a staged auto accident These
"accidents" are arranged and intentionally committed by criminals who
then file fraudulent insurance claims for fake crash injuries and rob
insurance companies and their policyholders. While the economic cost
of such activity is staggering with no-fault insurance fraud estimated
to cost insurance companies and their policyholders $1 billion per
year, staged accidents also pose a serious public safety risk, as is
demonstrated by the untimely death of Alice Ross. Women and elderly
drivers are in particular danger because they are often targeted for
these accidents because they are less likely to be confrontational
after an accident, thereby making it easier for criminals to engage in
this activity.

This bill would impose tough penalties on those who stage accidents,
thereby deterring individuals from engaging in this dangerous crime.
Not only would this help to contain no-fault fraud and reduce
insurance premiums, but it will make us all safer. New York State
drivers should not have to drive down the road wondering whether
someone might purposefully drive into them for the purpose of engaging
in insurance fraud

LEGISLATIVE HISTORY: S.3547 of 2013-14; S.1685 of 2011-12; S.6450 of
2009-2010; S.2634 of 2007-08

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

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

                                  3511

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 11, 2015
                               ___________

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

AN ACT to amend the penal law, in relation to staging  a  motor  vehicle
  accident

  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 "Alice's Law".
  S 2. The penal law is amended by adding  three  new  sections  176.75,
176.80 and 176.85 to read as follows:
S 176.75 STAGING A MOTOR VEHICLE ACCIDENT IN THE THIRD DEGREE.
  A  PERSON  IS  GUILTY OF STAGING A MOTOR VEHICLE ACCIDENT IN THE THIRD
DEGREE WHEN, WITH INTENT TO COMMIT A FRAUDULENT  INSURANCE  ACT,  HE  OR
SHE:
  (1)  OPERATES  A MOTOR VEHICLE AND INTENTIONALLY CAUSES OR ATTEMPTS TO
CAUSE A COLLISION INVOLVING A MOTOR VEHICLE; OR
  (2) SOLICITS, REQUESTS, COMMANDS, IMPORTUNES OR OTHERWISE ATTEMPTS  TO
CAUSE  ANOTHER  PERSON  TO  INTENTIONALLY  CAUSE A COLLISION INVOLVING A
MOTOR VEHICLE.
  STAGING A MOTOR VEHICLE ACCIDENT IN THE THIRD  DEGREE  IS  A  CLASS  D
FELONY.
S 176.80 STAGING A MOTOR VEHICLE ACCIDENT IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF STAGING A MOTOR VEHICLE ACCIDENT IN THE SECOND
DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF  STAGING  A  MOTOR  VEHICLE
ACCIDENT  IN  THE THIRD DEGREE, AND HAS BEEN PREVIOUSLY CONVICTED WITHIN
THE PRECEDING FIVE YEARS OF ANY CRIME DEFINED IN THIS ARTICLE.
  STAGING A MOTOR VEHICLE ACCIDENT IN THE SECOND DEGREE  IS  A  CLASS  C
FELONY.
S 176.85 STAGING A MOTOR VEHICLE ACCIDENT IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF STAGING A MOTOR VEHICLE ACCIDENT IN THE FIRST
DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF  STAGING  A  MOTOR  VEHICLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07088-01-5

S. 3511                             2

ACCIDENT IN THE THIRD DEGREE AND CAUSES SERIOUS PERSONAL INJURY OR DEATH
TO ANOTHER PERSON, OTHER THAN A PARTICIPANT IN SUCH OFFENSE.
  STAGING  A  MOTOR  VEHICLE  ACCIDENT  IN THE FIRST DEGREE IS A CLASS B
FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

senate Bill S3144

2015-2016 Legislative Session

Relates to requiring the state to fund certain programs mandated for municipal corporations and school districts

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 (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 10, 2016 referred to local governments
delivered to assembly
passed senate
Mar 07, 2016 advanced to third reading
Mar 02, 2016 2nd report cal.
Mar 01, 2016 1st report cal.260
Feb 11, 2016 print number 3144a
amend and recommit to local government
Jan 06, 2016 referred to local government
returned to senate
died in assembly
May 27, 2015 referred to local governments
delivered to assembly
passed senate
Mar 09, 2015 advanced to third reading
Mar 04, 2015 2nd report cal.
Mar 03, 2015 1st report cal.195
Feb 02, 2015 referred to local government

Bill Amendments

S3144
S3144A
S3144
S3144A

Sponsor's Position

The mandated spending Albany forces on local governments is the top reason New York’s property taxes are among the highest in the nation.

Co-Sponsors

view additional co-sponsors

S3144 - Bill Details

See Assembly Version of this Bill:
A4942
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add §25, Gen Muni L; add §§1527-a & 308-a, Ed L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5042A, A7776A
2011-2012: S2707A

S3144 - Bill Texts

view summary

Relates to requiring the state to fund certain programs mandated for municipal corporations and school districts.

view sponsor memo
BILL NUMBER:S3144 Revised 05/27/15

TITLE OF BILL:

An act to amend the general municipal law and the education law, in
relation to requiring the state to fund certain programs mandated for
municipal corporations and school districts; and to amend the
education law, in relation to the effect of mandates on school
districts

PURPOSE:

This legislation would require any state mandated program imposed on
municipalities or school districts, which result in an annual net
additional cost to be funded by the state.

SUMMARY OF PROVISIONS:

Section 1 provides Legislative Intent.

Section 2 amends the General Municipal Law by adding a new section 25.

Section 3 amends the Education Law by adding a new section 1527-a.

Section 4 amends the Education Law by adding a new Section 308-a.

Section 5 is the effective date.

JUSTIFICATION:

State mandated programs, unlike local service decisions, place local
taxpayers and local officials in the position of paying for services
that they do not control. Increasingly, the state has set local
priorities and forced municipal taxing decisions by mandating
services, programs and standards. As a result, many local governments
and school districts are today in an acutely difficult fiscal
situation. Then, in order to prevent irresponsible state actions which
prevent localities from making their own decisions, and which force
unwanted local property tax increases, it is necessary to ensure that
state mandates will not be forced on localities and school districts,
unless they are adequately funded.

LEGISLATIVE HISTORY:

2012-2013: S.5042-A /A..7776-A - Referred to Local Government
2011-2012: S.2707a - Referred to Finance
2009-2010: S.1470- Referred to Local Government
2007-2008: S.1070- Referred to Local Government
2005-2006: S.464-Referred to Local Government
2003-2004: S.2822-Referred to Civil Service and Pensions
2001-2002: S.5060-Referred to Local Government
1999-2000: S.2322-Reported to Rules
1997-1998: S.1005-Reported to Rules
1995-1996: S.4001-Referred to Local Government
1993-1994: S.1065A-Passed Senate

FISCAL IMPLICATIONS:


Cost savings for local governments with no current cost to the State.
In the future, the State will be required to compensate for the costs
of any net additional costs that municipalities incur from State
mandates.

EFFECTIVE DATE:

Immediately, with provisions.

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

                                  3144

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- 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  and  the  education  law,  in
  relation  to requiring the state to fund certain programs mandated for
  municipal corporations and school districts; and to amend  the  educa-
  tion law, in relation to the effect of mandates on school districts

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

  Section 1. Legislative intent. State mandated programs,  unlike  local
service  decisions,  place  local  taxpayers  and local officials in the
position of paying for services that they do not control.  Increasingly,
however,  the state has set local priorities and forced municipal taxing
decisions by mandating services, programs, and standards. As  a  result,
many  local  governments  and  school  districts are today in an acutely
difficult fiscal situation.
  Thus, in order to prevent irresponsible state  actions  which  prevent
localities  from  making  their  own decisions, and which force unwanted
local property tax increases, it  is  necessary  to  ensure  that  state
mandates  will  not  be forced on localities and school districts unless
they are adequately funded.
  S 2. The general municipal law is amended by adding a new  section  25
to read as follows:
  S  25.  FUNDING  OF MANDATES. 1. DEFINITIONS. AS USED IN THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:
  (I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM  OR
REQUIRES  A  HIGHER  LEVEL  OF  SERVICE  FOR AN EXISTING PROGRAM WHICH A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06349-01-5

S. 3144                             2

  (II) ANY GENERAL LAW WHICH GRANTS A  NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO-
RATION IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
MUNICIPAL  CORPORATION IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO THE MUNICIPAL CORPORATION;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED  TO
PROVIDE,  THEREBY  RESULTING  IN  A NET ADDITIONAL COST TO THE MUNICIPAL
CORPORATION; OR
  (III) ANY GENERAL LAW WHICH GRANTS A NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO-
RATION IS REQUIRED TO PROVIDE, THEREBY RESULTING  IN  A  NET  ADDITIONAL
COST TO THE MUNICIPAL CORPORATION.
  (C)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT  IN
PERFORMING  OR  ADMINISTERING  A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE LOCAL GOVERNMENT  ON  ACCOUNT  OF
THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II)  STATE  OR  FEDERAL  AID  PAID  SPECIFICALLY  OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III) AN OFFSETTING SAVINGS RESULTING FROM THE  DIMINUTION  OR  ELIMI-
NATION  OF  ANY  OTHER  PROGRAM  OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2. FUNDING OF  MUNICIPAL  CORPORATION  MANDATES.  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW,  NO  UNFUNDED  MANDATE SHALL BE ENACTED WHICH
CREATES AN ANNUAL NET ADDITIONAL COST TO ANY MUNICIPAL CORPORATION.
  3.  EXEMPTIONS  TO  THE  FUNDING  OF  MUNICIPAL  CORPORATION  MANDATES
REQUIREMENT.  (A)  THE  STATE  SHALL  NOT BE REQUIRED TO FUND ANY NEW OR
EXPANDED PROGRAMS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
  (II) THE MANDATE IS PROVIDED AT THE OPTION  OF  THE  LOCAL  GOVERNMENT
UNDER  A  LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
  (III) THE MANDATE RESULTS FROM THE PASSAGE  OF  A  HOME  RULE  MESSAGE
WHEREBY  A  LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM
OR SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS  ONLY
UPON  THAT  LOCAL  GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT  IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE  ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
  (B) EACH ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT  THE  EFFECTIVE
DATE  OF  ANY  SUCH  MANDATE  IMPOSED ON MUNICIPAL CORPORATIONS SHALL BE
CONSISTENT WITH THE NEEDS OF THE STATE  AND  MUNICIPAL  CORPORATIONS  TO
PLAN  IMPLEMENTATION  THEREOF  AND  CONSISTENT  WITH THE AVAILABILITY OF
REQUIRED FUNDS.
  S 3. The education law is amended by adding a new  section  1527-a  to
read as follows:

S. 3144                             3

  S  1527-A.  FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1.  DEFI-
NITIONS. AS USED IN THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
SCHOOL  DISTRICT  ORGANIZED  EITHER  BY  SPECIAL LAWS OR PURSUANT TO THE
PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR
  (II) ANY GENERAL LAW WHICH GRANTS A  NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM  OR
REQUIRES  A  HIGHER  LEVEL  OF SERVICE FOR AN EXISTING PROGRAM WHICH ANY
SUCH SCHOOL DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN  A  NET
ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
  (II)  ANY  ALTERATION  IN FUNDING PROVIDED TO ANY SUCH SCHOOL DISTRICT
FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED
TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST  TO  SUCH  SCHOOL
DISTRICT; OR
  (III)  ANY  GENERAL  LAW  WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION  WHICH  ANY  SUCH  SCHOOL
DISTRICT  IS  REQUIRED TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL
COST TO SUCH SCHOOL DISTRICT.
  (C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED  OR  ANTIC-
IPATED  TO  BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL DISTRICT IN
PERFORMING OR ADMINISTERING A MANDATE AFTER  SUBTRACTING  THEREFROM  ANY
REVENUES RECEIVED OR RECEIVABLE BY THE SCHOOL DISTRICT ON ACCOUNT OF THE
MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II)  STATE  OR  FEDERAL  AID  PAID  SPECIFICALLY  OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III) AN OFFSETTING SAVINGS RESULTING FROM THE  DIMINUTION  OR  ELIMI-
NATION  OF  ANY  OTHER  PROGRAM  OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2. FUNDING OF SCHOOL  DISTRICT  MANDATES.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF LAW, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH CREATES AN
ANNUAL NET ADDITIONAL COST TO ANY SCHOOL DISTRICT.
  3. EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES  REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
FOR SCHOOL DISTRICTS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
  (II)  THE  MANDATE  IS  PROVIDED  AT THE OPTION OF THE SCHOOL DISTRICT
UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE  RATHER  THAN
MANDATORY;
  (III)  THE  MANDATE  RESULTS  FROM  THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A SCHOOL DISTRICT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR
SERVICE SPECIFIED IN THE STATUTE, AND THE  STATUTE  IMPOSES  COSTS  ONLY
UPON  THAT  SCHOOL  DISTRICT  WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT  IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR

S. 3144                             4

EXECUTIVE  ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL DISTRICTS SHALL BE CONSISTENT
WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN  IMPLEMENTATION
THEREOF, AND ALSO CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS.
  S  4.  The  education  law is amended by adding a new section 308-a to
read as follows:
  S 308-A. SPECIAL PROVISIONS; MANDATES. 1. AS  USED  IN  THIS  SECTION,
"MANDATE"  MEANS  (A)  ANY STATE LAW, RULE OR REGULATION WHICH CREATES A
NEW PROGRAM OR REQUIRES A  HIGHER  LEVEL  OF  SERVICE  FOR  AN  EXISTING
PROGRAM  WHICH  A  SCHOOL  DISTRICT, ORGANIZED EITHER BY SPECIAL LAWS OR
PURSUANT TO THE PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE, OR
  (B) ANY GENERAL LAW WHICH GRANTS  A  NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  2. IN THE EVENT THAT A MANDATE WHICH IMPOSES  A  COST  UPON  A  SCHOOL
DISTRICT  IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH MANDATE
SHALL NOT BE IMPLEMENTED UNTIL THE FOLLOWING YEAR FOR WHICH SUCH  SCHOOL
BUDGET WAS ADOPTED.
  3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE CAN
BE IMPOSED IF:
  (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER
A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO-
RY;
  (B)  THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (C) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT  IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE  ORDER  IMPOSES  COSTS  WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
  S 5. This act shall take effect immediately, provided that:
  1. sections one through three of this act shall be deemed to have been
in full force and effect on and after April 1, 2016 and shall  apply  to
any  general  or special law imposing mandates on municipal corporations
or school districts enacted on or after such effective date; and
  2. the commissioner of education shall adopt any regulations needed to
implement the provisions of this act on or before July 1, 2017.

Co-Sponsors

view additional co-sponsors

S3144A - Bill Details

See Assembly Version of this Bill:
A4942
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add §25, Gen Muni L; add §§1527-a & 308-a, Ed L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5042A, A7776A
2011-2012: S2707A

S3144A - Bill Texts

view summary

Relates to requiring the state to fund certain programs mandated for municipal corporations and school districts.

view sponsor memo
BILL NUMBER: S3144A

TITLE OF BILL : An act to amend the general municipal law and the
education law, in relation to requiring the state to fund certain
programs mandated for municipal corporations and school districts; and
to amend the education law, in relation to the effect of mandates on
school districts

PURPOSE :

This legislation would require any state mandated program imposed on
municipalities or school districts, which result in an annual net
additional cost to be funded by the state.

SUMMARY OF PROVISIONS :

Section 1 provides Legislative Intent.

Section 2 amends the General Municipal Law by adding a new section 25.

Section 3 amends the Education Law by adding a new section 1527-a.

Section 4 amends the Education Law by adding a new Section 308-a.

Section 5 is the effective date.

JUSTIFICATION :

State mandated programs, unlike local service decisions, place local
taxpayers and local officials in the position of paying for services
that they do not control. Increasingly, the state has set local
priorities and forced municipal taxing decisions by mandating
services, programs and standards. As a result, many local governments
and school districts are today in an acutely difficult fiscal
situation. Then, in order to prevent irresponsible state actions which
prevent localities from making their own decisions, and which force
unwanted local property tax increases, it is necessary to ensure that
state mandates will not be forced on localities and school districts,
unless they are adequately funded.

LEGISLATIVE HISTORY :

2012-2013: S.5042-A /A..7776-A - Referred to Local Government
2011-2012: S.2707a - Referred to Finance
2009-2010: S.1470 - Referred to Local Government
2007-2008: S.1070 - Referred to Local Government
2005-2006: S.464 - Referred to Local Government
2003-2004: S.2822 - Referred to Civil Service and Pensions
2001-2002: S.5060 - Referred to Local Government
1999-2000: S.2322 - Reported to Rules
1997-1998: S.1005 - Reported to Rules
1995-1996: S.4001 - Referred to Local Government
1993-1994: S.1065A- Passed Senate

FISCAL IMPLICATIONS :

Cost savings for local governments with no current cost to the State.
In the future, the State will be required to compensate for the costs
of any net additional costs that municipalities incur from State
mandates.

EFFECTIVE DATE :
Immediately, with provisions.
view full text
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3144--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sens.  FUNKE,  GALLIVAN,  MARCHIONE,  MURPHY,  NOZZOLIO,
  RITCHIE, ROBACH, SERINO -- read twice and ordered  printed,  and  when
  printed to be committed to the Committee on Local Government -- recom-
  mitted  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 and the education law, in
  relation to requiring the state to fund certain programs mandated  for
  municipal  corporations  and school districts; and to amend the educa-
  tion law, in relation to the effect of mandates on school districts

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

  Section  1.  Legislative intent. State mandated programs, unlike local
service decisions, place local taxpayers  and  local  officials  in  the
position  of paying for services that they do not control. Increasingly,
however, the state has set local priorities and forced municipal  taxing
decisions  by  mandating services, programs, and standards. As a result,
many local governments and school districts  are  today  in  an  acutely
difficult fiscal situation.
  Thus,  in  order  to prevent irresponsible state actions which prevent
localities from making their own decisions,  and  which  force  unwanted
local  property  tax  increases,  it  is  necessary to ensure that state
mandates will not be forced on localities and  school  districts  unless
they are adequately funded.
  S  2.  The general municipal law is amended by adding a new section 25
to read as follows:
  S 25. FUNDING OF MANDATES. 1. DEFINITIONS. AS USED  IN  THIS  SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06349-02-6

S. 3144--A                          2

  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR
  (II)  ANY  GENERAL  LAW  WHICH  GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL  CORPO-
RATION IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
MUNICIPAL  CORPORATION IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO THE MUNICIPAL CORPORATION;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED  TO
PROVIDE,  THEREBY  RESULTING  IN  A NET ADDITIONAL COST TO THE MUNICIPAL
CORPORATION; OR
  (III) ANY GENERAL LAW WHICH GRANTS A NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO-
RATION IS REQUIRED TO PROVIDE, THEREBY RESULTING  IN  A  NET  ADDITIONAL
COST TO THE MUNICIPAL CORPORATION.
  (C)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT  IN
PERFORMING  OR  ADMINISTERING  A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE LOCAL GOVERNMENT  ON  ACCOUNT  OF
THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II)  STATE  OR  FEDERAL  AID  PAID  SPECIFICALLY  OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III) AN OFFSETTING SAVINGS RESULTING FROM THE  DIMINUTION  OR  ELIMI-
NATION  OF  ANY  OTHER  PROGRAM  OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2. FUNDING OF  MUNICIPAL  CORPORATION  MANDATES.  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW,  NO  UNFUNDED  MANDATE SHALL BE ENACTED WHICH
CREATES AN ANNUAL NET ADDITIONAL COST TO ANY MUNICIPAL CORPORATION.
  3.  EXEMPTIONS  TO  THE  FUNDING  OF  MUNICIPAL  CORPORATION  MANDATES
REQUIREMENT.  (A)  THE  STATE  SHALL  NOT BE REQUIRED TO FUND ANY NEW OR
EXPANDED PROGRAMS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
  (II) THE MANDATE IS PROVIDED AT THE OPTION  OF  THE  LOCAL  GOVERNMENT
UNDER  A  LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
  (III) THE MANDATE RESULTS FROM THE PASSAGE  OF  A  HOME  RULE  MESSAGE
WHEREBY  A  LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM
OR SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS  ONLY
UPON  THAT  LOCAL  GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT  IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE  ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
  (B) EACH ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT  THE  EFFECTIVE
DATE  OF  ANY  SUCH  MANDATE  IMPOSED ON MUNICIPAL CORPORATIONS SHALL BE
CONSISTENT WITH THE NEEDS OF THE STATE  AND  MUNICIPAL  CORPORATIONS  TO

S. 3144--A                          3

PLAN  IMPLEMENTATION  THEREOF  AND  CONSISTENT  WITH THE AVAILABILITY OF
REQUIRED FUNDS.
  S  3.  The  education law is amended by adding a new section 1527-a to
read as follows:
  S 1527-A. FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1.    DEFI-
NITIONS.  AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:
  (I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM  OR
REQUIRES  A  HIGHER  LEVEL  OF  SERVICE  FOR AN EXISTING PROGRAM WHICH A
SCHOOL DISTRICT ORGANIZED EITHER BY SPECIAL  LAWS  OR  PURSUANT  TO  THE
PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR
  (II)  ANY  GENERAL  LAW  WHICH  GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION  WHICH  ANY  SUCH  SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN  EXISTING  PROGRAM  WHICH  ANY
SUCH  SCHOOL  DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO ANY  SUCH  SCHOOL  DISTRICT
FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED
TO  PROVIDE,  THEREBY  RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL
DISTRICT; OR
  (III) ANY GENERAL LAW WHICH GRANTS A NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A  NET  ADDITIONAL
COST TO SUCH SCHOOL DISTRICT.
  (C)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL  DISTRICT  IN
PERFORMING  OR  ADMINISTERING  A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE SCHOOL DISTRICT ON ACCOUNT OF THE
MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II) STATE OR  FEDERAL  AID  PAID  SPECIFICALLY  OR  CATEGORICALLY  IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR  SERVICE  DIRECTLY  ATTRIBUTABLE  TO  THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2.  FUNDING  OF  SCHOOL  DISTRICT  MANDATES. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH CREATES  AN
ANNUAL NET ADDITIONAL COST TO ANY SCHOOL DISTRICT.
  3.  EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
FOR SCHOOL DISTRICTS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
  (II) THE MANDATE IS PROVIDED AT THE  OPTION  OF  THE  SCHOOL  DISTRICT
UNDER  A  LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
  (III) THE MANDATE RESULTS FROM THE PASSAGE  OF  A  HOME  RULE  MESSAGE
WHEREBY A SCHOOL DISTRICT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR
SERVICE  SPECIFIED  IN  THE  STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE  AUTHORITY  TO  IMPOSE  THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR

S. 3144--A                          4

  (V)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY  THE
FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL DISTRICTS SHALL BE CONSISTENT
WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN  IMPLEMENTATION
THEREOF, AND ALSO CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS.
  S  4.  The  education  law is amended by adding a new section 308-a to
read as follows:
  S 308-A. SPECIAL PROVISIONS; MANDATES. 1. AS  USED  IN  THIS  SECTION,
"MANDATE"  MEANS  (A)  ANY STATE LAW, RULE OR REGULATION WHICH CREATES A
NEW PROGRAM OR REQUIRES A  HIGHER  LEVEL  OF  SERVICE  FOR  AN  EXISTING
PROGRAM  WHICH  A  SCHOOL  DISTRICT, ORGANIZED EITHER BY SPECIAL LAWS OR
PURSUANT TO THE PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE, OR
  (B) ANY GENERAL LAW WHICH GRANTS  A  NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  2. IN THE EVENT THAT A MANDATE WHICH IMPOSES  A  COST  UPON  A  SCHOOL
DISTRICT  IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH MANDATE
SHALL NOT BE IMPLEMENTED UNTIL THE FOLLOWING YEAR FOR WHICH SUCH  SCHOOL
BUDGET WAS ADOPTED.
  3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE CAN
BE IMPOSED IF:
  (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER
A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO-
RY;
  (B)  THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (C) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT  IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE  ORDER  IMPOSES  COSTS  WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
  S 5. This act shall take effect immediately, provided that:
  1. sections one through three of this act shall be deemed to have been
in full force and effect on and after April 1, 2017 and shall  apply  to
any  general  or special law imposing mandates on municipal corporations
or school districts enacted on or after such effective date; and
  2. the commissioner of education shall adopt any regulations needed to
implement the provisions of this act on or before July 1, 2018.

senate Bill S3884

2015-2016 Legislative Session

Provides earned income tax credit to youth workers, increases standard deduction for individuals 18 to 24, and provides for deduction of student loan interest

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 20, 2016 print number 3884a
amend and recommit to investigations and government operations
Jan 06, 2016 referred to investigations and government operations
Feb 20, 2015 referred to investigations and government operations

Bill Amendments

S3884
S3884A
S3884
S3884A

S3884 - Bill Details

See Assembly Version of this Bill:
A7891
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §§606, 614 & 615, Tax L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5393A, A2617A
2011-2012: A5399
2009-2010: A4875

S3884 - Bill Texts

view summary

Provides an earned income tax credit to youth workers, increases the standard deduction for individuals eighteen to twenty-four years of age, provides for the deduction of student loan interest and provides for the expiration of such provisions.

view sponsor memo
BILL NUMBER:S3884

TITLE OF BILL:

An act to amend the tax law, in relation to providing an earned income
tax credit to youth workers, increasing the standard deduction and
providing for the deduction of student loan interest; and providing
for the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

To provide earned income tax credit to youth workers, increase the
standard deduction for individuals 18 to 24, and provide for the
deduction of student loan interest.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 606 of the tax law by adding a new subsection
d-2 creating the earned income tax credit for youth workers. The
credit allowed is equal to that allowed to a taxpayer under section 32
of the internal revenue code This section sets the qualifications the
taxpayer must satisfy in order to be eligible for the credit.

Section 2 amends subsection a of section 614 of the tax law by
providing a standard deduction of ten thousand dollars by a New York
state resident who is between the ages of eighteen and twenty-four and
setting other qualifications.

Section 3 adds a new subsection h to section 615 of the tax law by
providing a deduction for interest paid on qualified education loans.

Section 4 is the effective date.

JUSTIFICATION:

New York State tax law does not provide exemptions for young,
independent adults ages 17-24. This age group is often ignored and
left out of exemptions, left with lower income deduction rates and not
provided the benefits on par with the Federal government on
student-loan deductions. Our youngest population of adults deserves
tax relief on the same level as the rest of our independent residents
throughout the state. New York is dealing with an exodus of younger
adults seeking greater economic opportunities in other states.
Because of the loss in population, it is in the best interest of the
state to try to assist these independent young workers and students
and encourage them to stay in the state to be contributing members to
New York State's improvement initiatives and economic growth.

PRIOR LEGISLATIVE HISTORY:

2013-14: S.5393A/A.2617A - Referred to Investigations and Gov't
Operations
2011-12: A.5399 - Referred to Ways and Means
2009-10: S.2720/A.11826 - Referred to Investigations and Gov't
Operations

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:


None.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2018 and shall expire and be
deemed repealed December 31, 2023.

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

                                  3884

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation to providing an  earned  income
  tax  credit  to  youth  workers, increasing the standard deduction and
  providing for the deduction of student loan  interest;  and  providing
  for the repeal of such provisions upon expiration thereof

  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 (d-2) to read as follows:
  (D-2)  EARNED  INCOME  TAX  CREDIT  FOR  YOUTH WORKERS. (1) A TAXPAYER
DESCRIBED IN PARAGRAPH TWO OF THIS SUBSECTION SHALL BE ALLOWED A  CREDIT
EQUAL  TO  THE  PRODUCT  OF  ONE  AND THREE-TENTHS AND THE AMOUNT OF THE
EARNED INCOME TAX CREDIT THAT WOULD HAVE BEEN ALLOWED  TO  THE  TAXPAYER
UNDER  SECTION  32  OF  THE  INTERNAL  REVENUE CODE, IF THE TAXPAYER HAD
ATTAINED THE MINIMUM AGE OF ELIGIBILITY FOR SUCH EARNED INCOME TAX CRED-
IT SET FORTH IN SECTION  32(C)(1)(A)(II)(II)  OF  THE  INTERNAL  REVENUE
CODE.
  (2)  TO  BE  ALLOWED  A  CREDIT UNDER THIS SUBSECTION, A TAXPAYER MUST
SATISFY ALL OF THE FOLLOWING QUALIFICATIONS:
  (A) THE TAXPAYER MUST BE A RESIDENT TAXPAYER WHO IS NOT CLAIMED  AS  A
DEPENDENT OF ANOTHER TAXPAYER.
  (B)  THE TAXPAYER MUST HAVE ATTAINED THE AGE OF SEVENTEEN AND MUST NOT
HAVE ATTAINED THE MINIMUM AGE AT WHICH A TAXPAYER IS QUALIFIED  FOR  THE
EARNED   INCOME  TAX  CREDIT  AS  SUCH  AGE  IS  SET  FORTH  IN  SECTION
32(C)(1)(A)(II)(II) OF THE INTERNAL REVENUE CODE.
  (C) THE TAXPAYER MUST NOT BE THE CUSTODIAL OR NON-CUSTODIAL PARENT  OF
A MINOR CHILD OR CHILDREN.
  (3) NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT THE QUALIFICA-
TIONS  OF A TAXPAYER WHO IS OTHERWISE ELIGIBLE FOR THE EARNED INCOME TAX

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09327-01-5

S. 3884                             2

CREDIT AND WHO IS ENROLLED IN A FULL-TIME OR PART-TIME ACADEMIC  PROGRAM
LEADING  TO  COMPLETION  OF  A  HIGH SCHOOL DIPLOMA, GENERAL EQUIVALENCY
DIPLOMA, POST-SECONDARY CERTIFICATE OR WORK READINESS CREDENTIAL,  ASSO-
CIATE DEGREE OR BACCALAUREATE DEGREE.
  (4)  REPORTS.  THE  COMMISSIONER  SHALL  PREPARE A PRELIMINARY WRITTEN
REPORT AFTER JULY THIRTY-FIRST AND A FINAL WRITTEN REPORT AFTER DECEMBER
THIRTY-FIRST OF EACH CALENDAR  YEAR,  WHICH  SHALL  CONTAIN  STATISTICAL
INFORMATION  REGARDING THE CREDITS GRANTED ON OR BEFORE SUCH DATES UNDER
THIS SUBSECTION DURING SUCH CALENDAR YEAR. COPIES OF THESE REPORTS SHALL
BE SUBMITTED BY SUCH COMMISSIONER TO THE GOVERNOR, THE TEMPORARY  PRESI-
DENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE CHAIRMAN OF THE
SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE WITHIN SIXTY DAYS OF JULY THIRTY-FIRST  WITH  RESPECT  TO  THE
PRELIMINARY  REPORT, AND WITHIN FORTY-FIVE DAYS OF DECEMBER THIRTY-FIRST
WITH RESPECT TO THE FINAL REPORT.  SUCH REPORTS SHALL CONTAIN, BUT  NEED
NOT  BE LIMITED TO, THE NUMBER OF CREDITS AND THE AVERAGE AMOUNT OF SUCH
CREDITS ALLOWED.  SUCH INFORMATION SHALL INCLUDE THE NUMBER  OF  CREDITS
AND THE AVERAGE AMOUNT OF SUCH CREDITS ALLOWED; AND OF THOSE, THE NUMBER
OF  CREDITS AND THE AVERAGE AMOUNTS OF SUCH CREDITS ALLOWED TO TAXPAYERS
IN EACH COUNTY.
  S 2. Subsection (a) of section 614 of the tax law, as amended by chap-
ter 170 of the laws of 1994, is amended to read as follows:
  (a) Unmarried individual. For taxable years beginning  after  nineteen
hundred  ninety-six, the New York standard deduction of a resident indi-
vidual who is not married nor the head of a household  nor  a  surviving
spouse nor an individual whose federal exemption amount is zero shall be
seven  thousand  five  hundred  dollars;  for taxable years beginning in
nineteen hundred ninety-six, such  standard  deduction  shall  be  seven
thousand  four  hundred dollars; for taxable years beginning in nineteen
hundred ninety-five, such standard deduction shall be six  thousand  six
hundred  dollars; and for taxable years beginning after nineteen hundred
eighty-nine and  before  nineteen  hundred  ninety-five,  such  standard
deduction  shall  be  six  thousand dollars. FOR TAXABLE YEARS BEGINNING
AFTER TWO THOUSAND FIFTEEN, THE NEW YORK STANDARD DEDUCTION OF  A  RESI-
DENT  INDIVIDUAL WHO IS BETWEEN THE AGES OF EIGHTEEN AND TWENTY-FOUR AND
WHO IS NOT MARRIED NOR THE HEAD OF A HOUSEHOLD NOR  A  SURVIVING  SPOUSE
NOR  AN  INDIVIDUAL  WHOSE FEDERAL EXEMPTION AMOUNT IS ZERO SHALL BE TEN
THOUSAND DOLLARS.
  S 3. Section 615 of the tax law is amended by adding a new  subsection
(h) to read as follows:
  (H)  FOR TAXABLE YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO THOU-
SAND SIXTEEN, IN THE CASE OF  A  RESIDENT  INDIVIDUAL,  THERE  SHALL  BE
ALLOWED  AS  A  DEDUCTION  FOR  THE  TAXABLE YEAR AN AMOUNT EQUAL TO THE
INTEREST PAID BY THE TAXPAYER DURING THE TAXABLE YEAR ON  ANY  QUALIFIED
EDUCATION  LOAN  TO  THE  EXTENT  AND  AS PROVIDED IN SECTION 221 OF THE
INTERNAL REVENUE CODE.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2018  and  shall  expire  and  be
deemed repealed December 31, 2023.

S3884A - Bill Details

See Assembly Version of this Bill:
A7891
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §§606, 614 & 615, Tax L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5393A, A2617A
2011-2012: A5399
2009-2010: A4875

S3884A - Bill Texts

view summary

Provides an earned income tax credit to youth workers, increases the standard deduction for individuals eighteen to twenty-four years of age, provides for the deduction of student loan interest and provides for the expiration of such provisions.

view sponsor memo
BILL NUMBER: S3884A

TITLE OF BILL : An act to amend the tax law, in relation to
providing an earned income tax credit to youth workers, increasing the
standard deduction and providing for the deduction of student loan
interest; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE OR GENERAL IDEA OF BILL :

To provide earned income tax credit to youth workers, increase the
standard deduction for individuals 18 to 24, and provide for the
deduction of student loan interest.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends Section 606 of the tax law by adding a new subsection
d-2 creating the earned income tax credit for youth workers. The
credit allowed is equal to that allowed to a taxpayer under section 32
of the internal revenue code. This section sets the qualifications the
taxpayer must satisfy in order to be eligible for the credit.

Section 2 amends subsection a of section 614 of the tax law by
providing a standard deduction of ten thousand dollars by a New York
state resident who is between the ages of eighteen and twenty-four and
setting other qualifications.

Section 3 adds a new subsection h to section 615 of the tax law by
providing a deduction for interest paid on qualified education loans.

Section 4 is the effective date.

JUSTIFICATION :

New York State tax law does not provide exemptions for young,
independent adults ages 17-24. This age group is often ignored and
left out of exemptions, left with lower income deduction rates and not
provided the benefits on par with the Federal government on
student-loan deductions. Our youngest population of adults deserves
tax relief on the same level as the rest of our independent residents
throughout the state. New York is dealing with an exodus of younger
adults seeking greater economic opportunities in other states.
Because of the loss in population, it is in the best interest of the
state to try to assist these independent young workers and students
and encourage them to stay in the state to be contributing members to
New York State's improvement initiatives and economic growth.

PRIOR LEGISLATIVE HISTORY :

2013-14: S.5393A/A.2617A - Referred to Investigations and Gov't
Operations
2011-12: A.5399 - Referred to Ways and Means
2009-10: S.2720/A.11826 - Referred to Investigations and Gov't
Operations

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

EFFECTIVE DATE :
This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2019 and shall expire and be
deemed repealed December 31, 2024.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3884--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  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 tax law, in relation to providing an earned income
  tax credit to youth workers, increasing  the  standard  deduction  and
  providing  for  the  deduction of student loan interest; and providing
  for the repeal of such provisions upon expiration thereof

  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 (d-2) to read as follows:
  (D-2) EARNED INCOME TAX CREDIT  FOR  YOUTH  WORKERS.  (1)  A  TAXPAYER
DESCRIBED  IN PARAGRAPH TWO OF THIS SUBSECTION SHALL BE ALLOWED A CREDIT
EQUAL TO THE PRODUCT OF ONE AND  THREE-TENTHS  AND  THE  AMOUNT  OF  THE
EARNED  INCOME  TAX  CREDIT THAT WOULD HAVE BEEN ALLOWED TO THE TAXPAYER
UNDER SECTION 32 OF THE INTERNAL  REVENUE  CODE,  IF  THE  TAXPAYER  HAD
ATTAINED THE MINIMUM AGE OF ELIGIBILITY FOR SUCH EARNED INCOME TAX CRED-
IT  SET  FORTH  IN  SECTION  32(C)(1)(A)(II)(II) OF THE INTERNAL REVENUE
CODE.
  (2) TO BE ALLOWED A CREDIT UNDER  THIS  SUBSECTION,  A  TAXPAYER  MUST
SATISFY ALL OF THE FOLLOWING QUALIFICATIONS:
  (A)  THE  TAXPAYER MUST BE A RESIDENT TAXPAYER WHO IS NOT CLAIMED AS A
DEPENDENT OF ANOTHER TAXPAYER.
  (B) THE TAXPAYER MUST HAVE ATTAINED THE AGE OF SEVENTEEN AND MUST  NOT
HAVE  ATTAINED  THE MINIMUM AGE AT WHICH A TAXPAYER IS QUALIFIED FOR THE
EARNED  INCOME  TAX  CREDIT  AS  SUCH  AGE  IS  SET  FORTH  IN   SECTION
32(C)(1)(A)(II)(II) OF THE INTERNAL REVENUE CODE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09327-02-6

S. 3884--A                          2

  (C)  THE TAXPAYER MUST NOT BE THE CUSTODIAL OR NON-CUSTODIAL PARENT OF
A MINOR CHILD OR CHILDREN.
  (3) NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT THE QUALIFICA-
TIONS  OF A TAXPAYER WHO IS OTHERWISE ELIGIBLE FOR THE EARNED INCOME TAX
CREDIT AND WHO IS ENROLLED IN A FULL-TIME OR PART-TIME ACADEMIC  PROGRAM
LEADING  TO  COMPLETION  OF  A  HIGH SCHOOL DIPLOMA, GENERAL EQUIVALENCY
DIPLOMA, POST-SECONDARY CERTIFICATE OR WORK READINESS CREDENTIAL,  ASSO-
CIATE DEGREE OR BACCALAUREATE DEGREE.
  (4)  REPORTS.  THE  COMMISSIONER  SHALL  PREPARE A PRELIMINARY WRITTEN
REPORT AFTER JULY THIRTY-FIRST AND A FINAL WRITTEN REPORT AFTER DECEMBER
THIRTY-FIRST OF EACH CALENDAR  YEAR,  WHICH  SHALL  CONTAIN  STATISTICAL
INFORMATION  REGARDING THE CREDITS GRANTED ON OR BEFORE SUCH DATES UNDER
THIS SUBSECTION DURING SUCH CALENDAR YEAR. COPIES OF THESE REPORTS SHALL
BE SUBMITTED BY SUCH COMMISSIONER TO THE GOVERNOR, THE TEMPORARY  PRESI-
DENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE CHAIRMAN OF THE
SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE WITHIN SIXTY DAYS OF JULY THIRTY-FIRST  WITH  RESPECT  TO  THE
PRELIMINARY  REPORT, AND WITHIN FORTY-FIVE DAYS OF DECEMBER THIRTY-FIRST
WITH RESPECT TO THE FINAL REPORT.  SUCH REPORTS SHALL CONTAIN, BUT  NEED
NOT  BE LIMITED TO, THE NUMBER OF CREDITS AND THE AVERAGE AMOUNT OF SUCH
CREDITS ALLOWED.  SUCH INFORMATION SHALL INCLUDE THE NUMBER  OF  CREDITS
AND THE AVERAGE AMOUNT OF SUCH CREDITS ALLOWED; AND OF THOSE, THE NUMBER
OF  CREDITS AND THE AVERAGE AMOUNTS OF SUCH CREDITS ALLOWED TO TAXPAYERS
IN EACH COUNTY.
  S 2. Subsection (a) of section 614 of the tax law, as amended by chap-
ter 170 of the laws of 1994, is amended to read as follows:
  (a) Unmarried individual. For taxable years beginning  after  nineteen
hundred  ninety-six, the New York standard deduction of a resident indi-
vidual who is not married nor the head of a household  nor  a  surviving
spouse nor an individual whose federal exemption amount is zero shall be
seven  thousand  five  hundred  dollars;  for taxable years beginning in
nineteen hundred ninety-six, such  standard  deduction  shall  be  seven
thousand  four  hundred dollars; for taxable years beginning in nineteen
hundred ninety-five, such standard deduction shall be six  thousand  six
hundred  dollars; and for taxable years beginning after nineteen hundred
eighty-nine and  before  nineteen  hundred  ninety-five,  such  standard
deduction  shall  be  six  thousand dollars. FOR TAXABLE YEARS BEGINNING
AFTER TWO THOUSAND SIXTEEN, THE NEW YORK STANDARD DEDUCTION OF  A  RESI-
DENT  INDIVIDUAL WHO IS BETWEEN THE AGES OF EIGHTEEN AND TWENTY-FOUR AND
WHO IS NOT MARRIED NOR THE HEAD OF A HOUSEHOLD NOR  A  SURVIVING  SPOUSE
NOR  AN  INDIVIDUAL  WHOSE FEDERAL EXEMPTION AMOUNT IS ZERO SHALL BE TEN
THOUSAND DOLLARS.
  S 3. Section 615 of the tax law is amended by adding a new  subsection
(h) to read as follows:
  (H)  FOR TAXABLE YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO THOU-
SAND SEVENTEEN, IN THE CASE OF A RESIDENT  INDIVIDUAL,  THERE  SHALL  BE
ALLOWED  AS  A  DEDUCTION  FOR  THE  TAXABLE YEAR AN AMOUNT EQUAL TO THE
INTEREST PAID BY THE TAXPAYER DURING THE TAXABLE YEAR ON  ANY  QUALIFIED
EDUCATION  LOAN  TO  THE  EXTENT  AND  AS PROVIDED IN SECTION 221 OF THE
INTERNAL REVENUE CODE.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2019  and  shall  expire  and  be
deemed repealed December 31, 2024.

assembly Bill A5283

2015-2016 Legislative Session

Authorizes the granting of a real property tax exemption for persons 65 years of age or older who are tenants residing in a manufactured home park in certain municipal corporations and school districts

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 aging
Feb 17, 2015 referred to aging

A5283 - Bill Details

See Senate Version of this Bill:
S3759
Current Committee:
Assembly Aging
Law Section:
Real Property Tax Law
Laws Affected:
Add §467-i, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A10099A, S7850A

A5283 - Bill Texts

view summary

Authorizes the granting of a real property tax exemption for persons 65 years of age or older who are tenants residing in a manufactured home park in certain municipal corporations and school districts.

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

    S. 3759                                                  A. 5283

                       2015-2016 Regular Sessions

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

                            February 17, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Aging

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

AN ACT to amend the real property tax law, in relation to authorizing  a
  tax exemption for senior citizen tenants residing in manufactured home
  parks in certain municipal corporations and school districts

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

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 467-i to read as follows:
  S  467-I.  TENANTS SIXTY-FIVE YEARS OF AGE OR OVER WITHIN MANUFACTURED
HOME PARKS. 1. ANY MUNICIPAL CORPORATION OR  SCHOOL  DISTRICT  WITHIN  A
COUNTY  WITH  A POPULATION BETWEEN ONE MILLION FOUR HUNDRED NINETY THOU-
SAND AND ONE MILLION FIVE HUNDRED THOUSAND BASED UPON THE LATEST  DECEN-
NIAL  FEDERAL CENSUS SHALL BE AUTHORIZED TO PROVIDE A SENIOR CITIZEN TAX
EXEMPTION PROGRAM  FOR  SENIOR  CITIZENS  RESIDING  WITHIN  MANUFACTURED
HOMES,  AS DEFINED BY SECTION TWO HUNDRED THIRTY-THREE OF THE REAL PROP-
ERTY LAW, WITHIN SUCH COUNTY, AFTER A PUBLIC HEARING THEREON,  AND  UPON
THE  ADOPTION OF A LOCAL LAW OR ORDINANCE, OR FOR A SCHOOL DISTRICT UPON
THE ADOPTION OF A RESOLUTION, PROVIDING THEREFOR.  SUCH  PROGRAMS  SHALL
APPLY  TO SENIOR CITIZENS SIXTY-FIVE YEARS OF AGE OR OVER, AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED TWENTY-FIVE OF
THIS TITLE, WHO RESIDE IN A MANUFACTURED HOME LOCATED ON LAND FOR  WHICH
RESIDENTIAL  RENT  IS PAID AND WHOSE COMBINED INCOME DOES NOT EXCEED THE
INCOME STANDARD SET FORTH  IN  PARAGRAPH  (B)  OF  SUBDIVISION  FOUR  OF
SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE AND WITHIN ANY ADDITIONAL
SPECIFIED  LIMITS AS FURTHER ESTABLISHED BY SUCH LAW OR LOCAL ORDINANCE.
SUCH TAX EXEMPTION SHALL INCLUDE A PROPORTIONAL SHARE OF THE INCREASE IN
ANNUAL TAXES LEVIED UPON BUILDINGS  AND  LAND  WITHIN  SUCH  PARK.  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02405-01-5

S. 3759                             2                            A. 5283

AMOUNT  SHALL BE CALCULATED BASED UPON THE PERCENTAGE THAT THE NUMBER OF
HOMES QUALIFYING UNDER THIS SECTION BEARS TO THE TOTAL LOTS WITHIN  SUCH
PARK  WHICH  SHALL  BE  MULTIPLIED BY THE OVERALL ANNUAL TAX INCREASE ON
BUILDINGS AND LAND CONSTITUTING THE COMMON AREAS OF SUCH PARK.
  2.  THE  ELIGIBLE  SENIOR CITIZEN SHALL APPLY EACH YEAR TO QUALIFY FOR
THE EXEMPTION, PRIOR TO THE TAXABLE STATUS DATE PRESCRIBED  BY  LAW,  TO
THE  APPROPRIATE  LOCAL  ASSESSOR  FOR A TAX EXEMPTION CERTIFICATE, ON A
FORM  PRESCRIBED  BY  THE  COMMISSIONER.    IN  ORDER  TO  RECEIVE  SUCH
EXEMPTION,  EACH APPLICANT MUST SUBMIT, AS PART OF THE APPLICATION PROC-
ESS, AN ACCESSORY AGREEMENT SIGNED BY HIS OR HER MANUFACTURED HOME  PARK
LANDLORD,  ATTESTING TO THE LANDLORD'S WILLINGNESS TO PARTICIPATE IN THE
PROGRAM. SUCH AGREEMENT SHALL INCLUDE THE LANDLORD'S RESPONSIBILITIES TO
(A) REDUCE THE TENANT'S RENT ON A MONTHLY BASIS BY  ONE-TWELFTH  OF  THE
AMOUNT  OF  THE ANNUAL EXEMPTION GRANTED, (B) REIMBURSE, TO THE RECEIVER
OF TAXES OF THE MUNICIPAL CORPORATION WHICH  GRANTED  THE  EXEMPTION,  A
PRO-RATED  PORTION  OF THE TAX EXEMPTION IF HIS OR HER QUALIFYING TENANT
SHOULD MOVE DURING THE TAXABLE PERIOD, AND  (C)  PERMIT  ALL  QUALIFYING
TENANTS TO PARTICIPATE IN THE PROGRAM.
  3.  A  TAX  EXEMPTION CERTIFICATE ESTABLISHING THE AMOUNT OF EXEMPTION
FOR THE TAXABLE PERIOD SHALL BE ISSUED TO EACH  SENIOR  CITIZEN  WHO  IS
ELIGIBLE  BY  THE RESPECTIVE LOCAL ASSESSOR UPON REQUEST.  COPIES OF THE
CERTIFICATE SHALL BE ISSUED TO THE OWNER OF THE REAL PROPERTY CONTAINING
THE MANUFACTURED HOME OF THE SENIOR CITIZEN AND TO THE RECEIVER OF TAXES
OF EACH MUNICIPALITY WHICH HAS  GRANTED  THE  EXEMPTION  OF  TAXES.  THE
EXEMPTION  FOR THE TAX PERIOD SET IN THE TAX EXEMPTION CERTIFICATE SHALL
BE DEDUCTED FROM THE TOTAL TAXES LEVIED BY THE MUNICIPALITY WHICH GRANT-
ED THE EXEMPTION ON REAL PROPERTY CONTAINING THE MANUFACTURED HOME.
  4. ANY CONVICTION OF HAVING MADE A  WILLFUL  FALSE  STATEMENT  IN  THE
APPLICATION  FOR  EXEMPTION PURSUANT TO THIS SECTION SHALL BE PUNISHABLE
BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS AND SHALL DISQUALIFY  THE
APPLICANT  SENIOR CITIZEN AND/OR HOMEOWNER FROM FURTHER EXEMPTIONS FOR A
PERIOD OF FIVE YEARS.
  5. THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE TO ALL  MANUFAC-
TURED  HOME  UNITS WITHIN A MANUFACTURED HOME PARK WHICH COMPLY WITH ALL
RELEVANT HOUSING CODES, LOCAL LAWS OR ORDINANCES.
  6. ANY MUNICIPAL CORPORATION OR SCHOOL DISTRICT WITHIN A COUNTY WITH A
POPULATION BETWEEN ONE MILLION FOUR  HUNDRED  NINETY  THOUSAND  AND  ONE
MILLION  FIVE  HUNDRED  THOUSAND BASED UPON THE LATEST DECENNIAL FEDERAL
CENSUS THAT ADOPTS SUCH PROGRAM FOR SENIOR CITIZENS RESIDING IN A  MANU-
FACTURED  HOME PARK SHALL RECEIVE REIMBURSEMENT FOR THE COST OF ADMINIS-
TERING THE PROGRAM FROM THE STATE OF NEW YORK.
  S 2. This act shall take effect January 1, 2016  and  shall  apply  to
real  property  having  a taxable status date on or after such effective
date.

senate Bill S3759

2015-2016 Legislative Session

Authorizes the granting of a real property tax exemption for persons 65 years of age or older who are tenants residing in a manufactured home park in certain municipal corporations and school districts

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 (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 15, 2016 referred to aging
delivered to assembly
passed senate
Jun 01, 2016 advanced to third reading
May 25, 2016 2nd report cal.
May 24, 2016 1st report cal.1090
Jan 06, 2016 referred to aging
Feb 17, 2015 referred to aging

Co-Sponsors

S3759 - Bill Details

See Assembly Version of this Bill:
A5283
Current Committee:
Assembly Aging
Law Section:
Real Property Tax Law
Laws Affected:
Add §467-i, RPT L
Versions Introduced in 2013-2014 Legislative Session:
S7850A, A10099A

S3759 - Bill Texts

view summary

Authorizes the granting of a real property tax exemption for persons 65 years of age or older who are tenants residing in a manufactured home park in certain municipal corporations and school districts.

view sponsor memo
BILL NUMBER:S3759

TITLE OF BILL:

An act to amend the real property tax law, in relation to authorizing
a tax exemption for senior citizen tenants residing in manufactured
home parks in certain municipal corporations and school districts

PURPOSE:

To provide senior manufactured home park tenants with relief from
increasing rents.

SUMMARY OF PROVISIONS:

This bill would add a new section 467-i to the real property tax law
providing:

* Municipal corporations within a county with a population between one
million four hundred ninety thousand and one million five hundred
thousand based upon the latest decennial federal census (Suffolk
County) shall be authorized to provide after adoption of a local law
or ordinance, a tax exemption for senior citizens who are eligible for
enhanced STAR and are manufactured home owners who rent home sites in
manufactured home parks. The exemption would apply to the increase in
yearly property taxes attributable to the park's common property. The
tenant would apply yearly for the exemption and would receive a
certificate as would the park owner. The park owner would then be
required to reduce the rent of the tenant by the amount of the
exemption.

* The park owner must indicate a willingness to participate for all
qualifying tenants. The municipality who provides the exemption shall
be reimbursed by the State for the cost of administering the program.

JUSTIFICATION:

Seniors living in a mobile home parks have been subject to increasing
rents on the sites where their homes are located that are straining
their finances and threatening their ability to stay in their homes A
component of the rent is the real property taxes that are levied on
the leased sites. This bill would provide a tax exemption for
increased taxes attributable to the seniors for their proportion of
the common property which savings must be passed on to the seniors in
the form of a reduction in rent.

LEGISLATIVE HISTORY:

2014: S.7850-A/A.10099-A

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:


January 1, 2016 and shall apply to real property having a taxable
status date on or after the effective date.

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

    S. 3759                                                  A. 5283

                       2015-2016 Regular Sessions

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

                            February 17, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Aging

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

AN ACT to amend the real property tax law, in relation to authorizing  a
  tax exemption for senior citizen tenants residing in manufactured home
  parks in certain municipal corporations and school districts

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

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 467-i to read as follows:
  S  467-I.  TENANTS SIXTY-FIVE YEARS OF AGE OR OVER WITHIN MANUFACTURED
HOME PARKS. 1. ANY MUNICIPAL CORPORATION OR  SCHOOL  DISTRICT  WITHIN  A
COUNTY  WITH  A POPULATION BETWEEN ONE MILLION FOUR HUNDRED NINETY THOU-
SAND AND ONE MILLION FIVE HUNDRED THOUSAND BASED UPON THE LATEST  DECEN-
NIAL  FEDERAL CENSUS SHALL BE AUTHORIZED TO PROVIDE A SENIOR CITIZEN TAX
EXEMPTION PROGRAM  FOR  SENIOR  CITIZENS  RESIDING  WITHIN  MANUFACTURED
HOMES,  AS DEFINED BY SECTION TWO HUNDRED THIRTY-THREE OF THE REAL PROP-
ERTY LAW, WITHIN SUCH COUNTY, AFTER A PUBLIC HEARING THEREON,  AND  UPON
THE  ADOPTION OF A LOCAL LAW OR ORDINANCE, OR FOR A SCHOOL DISTRICT UPON
THE ADOPTION OF A RESOLUTION, PROVIDING THEREFOR.  SUCH  PROGRAMS  SHALL
APPLY  TO SENIOR CITIZENS SIXTY-FIVE YEARS OF AGE OR OVER, AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED TWENTY-FIVE OF
THIS TITLE, WHO RESIDE IN A MANUFACTURED HOME LOCATED ON LAND FOR  WHICH
RESIDENTIAL  RENT  IS PAID AND WHOSE COMBINED INCOME DOES NOT EXCEED THE
INCOME STANDARD SET FORTH  IN  PARAGRAPH  (B)  OF  SUBDIVISION  FOUR  OF
SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE AND WITHIN ANY ADDITIONAL
SPECIFIED  LIMITS AS FURTHER ESTABLISHED BY SUCH LAW OR LOCAL ORDINANCE.
SUCH TAX EXEMPTION SHALL INCLUDE A PROPORTIONAL SHARE OF THE INCREASE IN
ANNUAL TAXES LEVIED UPON BUILDINGS  AND  LAND  WITHIN  SUCH  PARK.  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02405-01-5

S. 3759                             2                            A. 5283

AMOUNT  SHALL BE CALCULATED BASED UPON THE PERCENTAGE THAT THE NUMBER OF
HOMES QUALIFYING UNDER THIS SECTION BEARS TO THE TOTAL LOTS WITHIN  SUCH
PARK  WHICH  SHALL  BE  MULTIPLIED BY THE OVERALL ANNUAL TAX INCREASE ON
BUILDINGS AND LAND CONSTITUTING THE COMMON AREAS OF SUCH PARK.
  2.  THE  ELIGIBLE  SENIOR CITIZEN SHALL APPLY EACH YEAR TO QUALIFY FOR
THE EXEMPTION, PRIOR TO THE TAXABLE STATUS DATE PRESCRIBED  BY  LAW,  TO
THE  APPROPRIATE  LOCAL  ASSESSOR  FOR A TAX EXEMPTION CERTIFICATE, ON A
FORM  PRESCRIBED  BY  THE  COMMISSIONER.    IN  ORDER  TO  RECEIVE  SUCH
EXEMPTION,  EACH APPLICANT MUST SUBMIT, AS PART OF THE APPLICATION PROC-
ESS, AN ACCESSORY AGREEMENT SIGNED BY HIS OR HER MANUFACTURED HOME  PARK
LANDLORD,  ATTESTING TO THE LANDLORD'S WILLINGNESS TO PARTICIPATE IN THE
PROGRAM. SUCH AGREEMENT SHALL INCLUDE THE LANDLORD'S RESPONSIBILITIES TO
(A) REDUCE THE TENANT'S RENT ON A MONTHLY BASIS BY  ONE-TWELFTH  OF  THE
AMOUNT  OF  THE ANNUAL EXEMPTION GRANTED, (B) REIMBURSE, TO THE RECEIVER
OF TAXES OF THE MUNICIPAL CORPORATION WHICH  GRANTED  THE  EXEMPTION,  A
PRO-RATED  PORTION  OF THE TAX EXEMPTION IF HIS OR HER QUALIFYING TENANT
SHOULD MOVE DURING THE TAXABLE PERIOD, AND  (C)  PERMIT  ALL  QUALIFYING
TENANTS TO PARTICIPATE IN THE PROGRAM.
  3.  A  TAX  EXEMPTION CERTIFICATE ESTABLISHING THE AMOUNT OF EXEMPTION
FOR THE TAXABLE PERIOD SHALL BE ISSUED TO EACH  SENIOR  CITIZEN  WHO  IS
ELIGIBLE  BY  THE RESPECTIVE LOCAL ASSESSOR UPON REQUEST.  COPIES OF THE
CERTIFICATE SHALL BE ISSUED TO THE OWNER OF THE REAL PROPERTY CONTAINING
THE MANUFACTURED HOME OF THE SENIOR CITIZEN AND TO THE RECEIVER OF TAXES
OF EACH MUNICIPALITY WHICH HAS  GRANTED  THE  EXEMPTION  OF  TAXES.  THE
EXEMPTION  FOR THE TAX PERIOD SET IN THE TAX EXEMPTION CERTIFICATE SHALL
BE DEDUCTED FROM THE TOTAL TAXES LEVIED BY THE MUNICIPALITY WHICH GRANT-
ED THE EXEMPTION ON REAL PROPERTY CONTAINING THE MANUFACTURED HOME.
  4. ANY CONVICTION OF HAVING MADE A  WILLFUL  FALSE  STATEMENT  IN  THE
APPLICATION  FOR  EXEMPTION PURSUANT TO THIS SECTION SHALL BE PUNISHABLE
BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS AND SHALL DISQUALIFY  THE
APPLICANT  SENIOR CITIZEN AND/OR HOMEOWNER FROM FURTHER EXEMPTIONS FOR A
PERIOD OF FIVE YEARS.
  5. THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE TO ALL  MANUFAC-
TURED  HOME  UNITS WITHIN A MANUFACTURED HOME PARK WHICH COMPLY WITH ALL
RELEVANT HOUSING CODES, LOCAL LAWS OR ORDINANCES.
  6. ANY MUNICIPAL CORPORATION OR SCHOOL DISTRICT WITHIN A COUNTY WITH A
POPULATION BETWEEN ONE MILLION FOUR  HUNDRED  NINETY  THOUSAND  AND  ONE
MILLION  FIVE  HUNDRED  THOUSAND BASED UPON THE LATEST DECENNIAL FEDERAL
CENSUS THAT ADOPTS SUCH PROGRAM FOR SENIOR CITIZENS RESIDING IN A  MANU-
FACTURED  HOME PARK SHALL RECEIVE REIMBURSEMENT FOR THE COST OF ADMINIS-
TERING THE PROGRAM FROM THE STATE OF NEW YORK.
  S 2. This act shall take effect January 1, 2016  and  shall  apply  to
real  property  having  a taxable status date on or after such effective
date.

senate Bill S2318

2015-2016 Legislative Session

Establishes a private right of action for owners and tenants of residential premises against persons video taping recreational activities in the backyard of such premises

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 (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2016 referred to judiciary
delivered to assembly
passed senate
Jun 01, 2016 ordered to third reading cal.1217
committee discharged and committed to rules
Jan 06, 2016 referred to codes
returned to senate
died in assembly
May 19, 2015 referred to judiciary
delivered to assembly
passed senate
May 18, 2015 ordered to third reading cal.715
committee discharged and committed to rules
Jan 22, 2015 referred to codes

S2318 - Bill Details

See Assembly Version of this Bill:
A7889
Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Add §52-a, Civ Rts L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3079A, A9695
2011-2012: S7111

S2318 - Bill Texts

view summary

Establishes a private right of action for owners and tenants of residential premises against persons video taping recreational activities in the backyard of such premises.

view sponsor memo
BILL NUMBER:S2318

TITLE OF BILL: An act to amend the civil rights law, in relation to
establishing private right of action for unwarranted video imaging of
residential premises

PURPOSE:

The purpose of this legislation is to establish a right of action for
damages from the unauthorized invasion of privacy by video
surveillance of an individual's recreational activities which occur in
their own backyard.

SUMMARY OF PROVISIONS:

Section one adds a new section to create the right to sue for damages
for the unauthorized video imaging of a residential premises. A person
is guilty of this action if he or she intentionally uses or installs,
or permits to be, used, or installed, a video imaging system that
allows the unwarranted video imaging of an adjoining residential
property owner's backyard premise without the property owner's written
consent." Backyard is defined as the portion of the parcel on which
the residential parcel is located which extends beyond the rear
footprint of the residential dwelling to the rear and side boundary
lines of such parcel.

Section two provides the date that the act shall take effect.

JUSTIFICATION:

In 2003, Stephanie's Law was signed into law. This bill seeks to close
a gap in that law. Stephanie's Law was named after Stephanie Fuller, a
woman who discovered that she was being secretly videotaped in her
bedroom by her landlord. This law sought to expand protections of
privacy to include incidents where voyeurs used new types of
technology.

Stephanie discovered that she was being videotaped by her landlord
when her boyfriend noticed strange wires coming out of the smoke alarm
in her bedroom. Because her landlord used a video camera that was not
filming Stephanie through her window, he could not be charged with
violating New York's "Peeping Tom" laws.

Under Stephanie's Law, unlawful Surveillance is now a Class E felony,
punishable by up to four years imprisonment for first time offenders,
and up to seven years for repeat offenders (N.Y. Crim. Pen. L.
250.5).

Several other states have also enacted their own versions of
Stephanie's Law, including: Washington, Tennessee, Wisconsin,
Virginia, California, and Illinois. All of these anti-voyeurism laws
focus their protection of privacy on the physical location where the
incident occurred rather than on the individual privacy invasion
committed.

Currently, New York contains no restrictions to control videotaping
which monitors a neighbor's back yard. Penal Law Sections 250.40 et


seq. only establishes criminal penalties for unlawful video
surveillance when the videotaping occurs in a setting with a
"reasonable expectation of privacy" (i.e. a bathroom or changing
room), or if a perpetrator had to trespass on property to videotape or
install a camera.

In at least one instance, a family has been subject to undue stress
and concern for their young children's safety when they were subject
to constant camera surveillance while swimming or sunbathing in their
own backyard by an adjoining neighbor who is a registered sex
offender. However, because New York State law provides no protection
from unwarranted and potentially dangerous video observation and
recording, there is little that can be done to prevent this unnerving
intrusion.

This legislation would help to ensure that the rights of adjoining
landowners are subordinate to the rights of individuals who wish to
enjoy backyard recreational activities with a certain expectation of
privacy. Owners who do not care about their neighbor's video imaging
can authorize such observation via written consent. No right of
privacy is afforded when the imaging is done by a law enforcement
officer in the course of their official duties.

LEGISLATIVE HISTORY:

2013, 2014: Passed Senate
2012: S.7111 Referred to Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have
become a law and shall apply to acts occurring on or after such date.

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

                                  2318

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

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

AN ACT to amend the  civil  rights  law,  in  relation  to  establishing
  private  right  of action for unwarranted video imaging of residential
  premises

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

  Section  1.  The  civil  rights law is amended by adding a new section
52-a to read as follows:
  S 52-A. PRIVATE RIGHT OF ACTION FOR UNWARRANTED VIDEO IMAGING OF RESI-
DENTIAL PREMISES. 1. ANY OWNER OR TENANT OF  RESIDENTIAL  REAL  PROPERTY
SHALL  HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST ANY PERSON WHO
INSTALLS OR AFFIXES A VIDEO IMAGING DEVICE ON  PROPERTY  ADJOINING  SUCH
RESIDENTIAL  REAL  PROPERTY  FOR  THE PURPOSE OF VIDEO TAPING THE RECRE-
ATIONAL ACTIVITIES WHICH OCCUR IN THE BACKYARD OF THE  RESIDENTIAL  REAL
PROPERTY  WITHOUT  THE  WRITTEN  CONSENT  THERETO  OF  SUCH OWNER AND/OR
TENANT. THE PROVISIONS OF THIS  SECTION  SHALL  NOT  APPLY  TO  ANY  LAW
ENFORCEMENT PERSONNEL ENGAGED IN THE CONDUCT OF THEIR AUTHORIZED DUTIES.
  2.  FOR  THE  PURPOSES  OF  THIS  SECTION,  "BACKYARD" SHALL MEAN THAT
PORTION OF THE PARCEL ON WHICH  RESIDENTIAL  REAL  PROPERTY  IS  LOCATED
WHICH  EXTENDS  BEYOND  THE  REAR  FOOTPRINT OF THE RESIDENTIAL DWELLING
SITUATE THEREON, AND TO THE SIDE AND  REAR  BOUNDARIES  OF  SUCH  PARCEL
EXTENDING BEYOND THE REAR FOOTPRINT OF SUCH RESIDENTIAL DWELLING.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law, and shall apply to acts occurring on  or  after  such
date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06038-01-5

assembly Bill A7717A

Signed By Governor
2015-2016 Legislative Session

Relates to the termination without penalty of certain service contracts

download bill text pdf

Sponsored By

Current Bill Status Via S4786 - Signed by Governor


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

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 21, 2016 signed chap.164
Jul 13, 2016 delivered to governor
Jun 08, 2016 returned to senate
passed assembly
ordered to third reading rules cal.54
substituted for a7717a
Jun 08, 2016 substituted by s4786a
Jun 06, 2016 ordered to third reading rules cal.54
rules report cal.54
reported
Jun 01, 2016 reported referred to rules
Jan 06, 2016 referred to consumer affairs and protection
May 28, 2015 print number 7717a
amend (t) and recommit to consumer affairs and protection
May 26, 2015 referred to consumer affairs and protection

Bill Amendments

A7717
A7717A
A7717
A7717A

A7717 - Bill Details

See Senate Version of this Bill:
S4786A
Law Section:
Military Law
Laws Affected:
Add §311-c, Mil L

A7717 - Bill Texts

view summary

Relates to the termination without penalty of certain service contracts; allows active duty service members under certain conditions to cancel contracts without penalty with telecommunications service providers, internet service providers, health clubs, health spas, or television service providers when they receive their orders; requires service members include a copy of their orders when providing written notice.

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

                                  7717

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2015
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the  military  law,  in  relation  to  the  termination,
  suspension   or  reinstatement  without  penalty  of  certain  service
  contracts

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

  Section  1.  The military law is amended by adding a new section 311-c
to read as follows:
  S 311-C. TERMINATION, SUSPENSION OR REINSTATEMENT WITHOUT  PENALTY  OF
CERTAIN SERVICE CONTRACTS. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY
TO EVERY CONTRACT FOR SERVICES FROM A TELECOMMUNICATIONS SERVICE PROVID-
ER,  AN  INTERNET  SERVICE PROVIDER, A HEALTH CLUB AS DEFINED IN SECTION
SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW, A HEALTH SPA,  OR  A
PROVIDER  OF  TELEVISION  SERVICES,  INCLUDING  BUT NOT LIMITED TO CABLE
TELEVISION, DIRECT SATELLITE AND OTHER TELEVISION-LIKE SERVICES, IN  ANY
CASE  IN  WHICH  SUCH  CONTRACT WAS EXECUTED BY OR ON BEHALF OF A PERSON
WHO, AFTER THE EXECUTION  OF  SUCH  CONTRACT,  ENTERED  ACTIVE  MILITARY
SERVICE.
  2.  (A)  ANY CONTRACT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION MAY
BE TERMINATED OR SUSPENDED BY WRITTEN NOTICE DELIVERED  TO  THE  SERVICE
PROVIDER BY SUCH PERSON IN ACTIVE MILITARY SERVICE CANCELING OR SUSPEND-
ING  HIS OR HER CONTRACT WITHIN ONE WEEK OF HIS OR HER RECEIPT OF ORDERS
TO REPORT FOR MILITARY SERVICE. SUCH NOTICE SHALL INCLUDE A COPY OF  THE
ORDERS  IN  QUESTION.  IF  MILITARY  NECESSITY OR CIRCUMSTANCES MAKE THE
PROVISION OF A COPY OF THE ORDERS AT THE TIME WRITTEN NOTICE  IS  DELIV-
ERED  UNREASONABLE  OR  IMPOSSIBLE, SUCH ORDERS SHALL BE PROVIDED WITHIN
NINETY DAYS AFTER WRITTEN NOTICE HAS BEEN DELIVERED.
  (B) DELIVERY OF SUCH NOTICE SHALL BE ACCOMPLISHED  BY  CERTIFIED  MAIL
DULY  ADDRESSED TO THE SERVICE PROVIDER AND TERMINATION OR SUSPENSION OF
SERVICES SHALL BE DEEMED EFFECTIVE ON THE DATE SUCH NOTICE IS MAILED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10473-01-5

A. 7717                             2

  3. (A) A PERSON WHO TERMINATES OR SUSPENDS THE PROVISION  OF  SERVICES
UNDER  THIS SECTION AND WHO IS NO LONGER IN ACTIVE SERVICE MAY REINSTATE
THE PROVISION OF SERVICES ON THE SAME TERMS AND CONDITIONS AS ORIGINALLY
AGREED TO WITH THE SERVICE PROVIDER BEFORE THE TERMINATION OR SUSPENSION
UPON WRITTEN NOTICE TO THE SERVICE PROVIDER THAT THE PERSON IS NO LONGER
IN ACTIVE SERVICE. SUCH WRITTEN NOTICE SHALL BE GIVEN WITHIN NINETY DAYS
AFTER THE TERMINATION OF THE PERSON'S ACTIVE SERVICE.
  (B)  UPON  RECEIPT OF THE WRITTEN NOTICE OF REINSTATEMENT, THE SERVICE
PROVIDER SHALL RESUME THE PROVISION OF SERVICES OR, IF THE SERVICES  ARE
NO  LONGER  AVAILABLE,  PROVIDE  SUBSTANTIALLY SIMILAR SERVICES WITHIN A
REASONABLE TIME NOT TO EXCEED THIRTY DAYS FROM THE DATE  OF  RECEIPT  OF
THE WRITTEN NOTICE OF REINSTATEMENT.
  4.  A  PERSON  WHO TERMINATES, SUSPENDS OR REINSTATES THE PROVISION OF
SERVICES UNDER THIS SECTION:
  (A) MAY NOT BE CHARGED A PENALTY, FEE, LOSS OF DEPOSIT, OR  ANY  OTHER
ADDITIONAL COST BECAUSE OF THE TERMINATION, SUSPENSION OR REINSTATEMENT;
AND
  (B)  IS  NOT  LIABLE  FOR PAYMENT FOR ANY SERVICES AFTER THE EFFECTIVE
DATE OF THE TERMINATION OR SUSPENSION, OR UNTIL THE EFFECTIVE DATE OF  A
REINSTATEMENT  OF  SERVICES  AS  DESCRIBED  IN SUBDIVISION THREE OF THIS
SECTION.
  S 2. This act shall take effect immediately.

A7717A - Bill Details

See Senate Version of this Bill:
S4786A
Law Section:
Military Law
Laws Affected:
Add §311-c, Mil L

A7717A - Bill Texts

view summary

Relates to the termination without penalty of certain service contracts; allows active duty service members under certain conditions to cancel contracts without penalty with telecommunications service providers, internet service providers, health clubs, health spas, or television service providers when they receive their orders; requires service members include a copy of their orders when providing written notice.

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

                                 7717--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2015
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Consumer Affairs and Protection -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the military law, in relation to the termination without
  penalty of certain service contracts

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

  Section  1.  The military law is amended by adding a new section 311-c
to read as follows:
  S 311-C. TERMINATION WITHOUT PENALTY OF CERTAIN SERVICE CONTRACTS.  1.
THE  PROVISIONS  OF  THIS  SECTION  SHALL  APPLY  TO  EVERY CONTRACT FOR
SERVICES FROM A TELECOMMUNICATIONS SERVICE PROVIDER, AN INTERNET SERVICE
PROVIDER, A HEALTH CLUB AS DEFINED IN SECTION SIX HUNDRED TWENTY-ONE  OF
THE  GENERAL  BUSINESS  LAW,  A  HEALTH SPA, OR A PROVIDER OF TELEVISION
SERVICES, INCLUDING BUT NOT LIMITED TO CABLE TELEVISION,  DIRECT  SATEL-
LITE  AND OTHER TELEVISION-LIKE SERVICES, IN ANY CASE IN WHICH: (A) SUCH
CONTRACT WAS EXECUTED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION  BY
OR  ON  BEHALF  OF  A  PERSON WHO, AFTER THE EXECUTION OF SUCH CONTRACT,
ENTERED ACTIVE MILITARY SERVICE FOR NINETY DAYS OR LONGER; AND  (B)  THE
PERSON'S  MILITARY  SERVICE  IS AT A LOCATION WHERE THE SERVICE PROVIDER
CANNOT PROVIDE THE SERVICES COVERED BY THE CONTRACT.
  2. (A) ANY CONTRACT DESCRIBED IN SUBDIVISION ONE OF THIS  SECTION  MAY
BE TERMINATED WITHOUT PENALTY BY WRITTEN NOTICE DELIVERED TO THE SERVICE
PROVIDER  BY SUCH PERSON IN ACTIVE MILITARY SERVICE CANCELING HIS OR HER
CONTRACT WITHIN FOURTEEN DAYS OF HIS OR HER RECEIPT OF ORDERS TO  REPORT
FOR  MILITARY SERVICE. SUCH NOTICE SHALL INCLUDE A COPY OF THE ORDERS IN
QUESTION.
  (B) DELIVERY OF SUCH NOTICE SHALL BE IN ACCORDANCE WITH INDUSTRY STAN-
DARDS FOR NOTIFICATION OF TERMINATIONS, TOGETHER WITH THE FUTURE DATE ON
WHICH THE SERVICE IS TO BE TERMINATED.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10473-02-5

assembly Bill A7717

Signed By Governor
2015-2016 Legislative Session

Relates to the termination without penalty of certain service contracts

download bill text pdf

Sponsored By

Current Bill Status Via S4786 - Signed by Governor


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

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 21, 2016 signed chap.164
Jul 13, 2016 delivered to governor
Jun 08, 2016 returned to senate
passed assembly
ordered to third reading rules cal.54
substituted for a7717a
Jun 08, 2016 substituted by s4786a
Jun 06, 2016 ordered to third reading rules cal.54
rules report cal.54
reported
Jun 01, 2016 reported referred to rules
Jan 06, 2016 referred to consumer affairs and protection
May 28, 2015 print number 7717a
amend (t) and recommit to consumer affairs and protection
May 26, 2015 referred to consumer affairs and protection

Bill Amendments

A7717
A7717A
A7717
A7717A

A7717 - Bill Details

Law Section:
Military Law
Laws Affected:
Add §311-c, Mil L

A7717 - Bill Texts

view summary

Relates to the termination without penalty of certain service contracts; allows active duty service members under certain conditions to cancel contracts without penalty with telecommunications service providers, internet service providers, health clubs, health spas, or television service providers when they receive their orders; requires service members include a copy of their orders when providing written notice.

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

                                  7717

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2015
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the  military  law,  in  relation  to  the  termination,
  suspension   or  reinstatement  without  penalty  of  certain  service
  contracts

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

  Section  1.  The military law is amended by adding a new section 311-c
to read as follows:
  S 311-C. TERMINATION, SUSPENSION OR REINSTATEMENT WITHOUT  PENALTY  OF
CERTAIN SERVICE CONTRACTS. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY
TO EVERY CONTRACT FOR SERVICES FROM A TELECOMMUNICATIONS SERVICE PROVID-
ER,  AN  INTERNET  SERVICE PROVIDER, A HEALTH CLUB AS DEFINED IN SECTION
SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW, A HEALTH SPA,  OR  A
PROVIDER  OF  TELEVISION  SERVICES,  INCLUDING  BUT NOT LIMITED TO CABLE
TELEVISION, DIRECT SATELLITE AND OTHER TELEVISION-LIKE SERVICES, IN  ANY
CASE  IN  WHICH  SUCH  CONTRACT WAS EXECUTED BY OR ON BEHALF OF A PERSON
WHO, AFTER THE EXECUTION  OF  SUCH  CONTRACT,  ENTERED  ACTIVE  MILITARY
SERVICE.
  2.  (A)  ANY CONTRACT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION MAY
BE TERMINATED OR SUSPENDED BY WRITTEN NOTICE DELIVERED  TO  THE  SERVICE
PROVIDER BY SUCH PERSON IN ACTIVE MILITARY SERVICE CANCELING OR SUSPEND-
ING  HIS OR HER CONTRACT WITHIN ONE WEEK OF HIS OR HER RECEIPT OF ORDERS
TO REPORT FOR MILITARY SERVICE. SUCH NOTICE SHALL INCLUDE A COPY OF  THE
ORDERS  IN  QUESTION.  IF  MILITARY  NECESSITY OR CIRCUMSTANCES MAKE THE
PROVISION OF A COPY OF THE ORDERS AT THE TIME WRITTEN NOTICE  IS  DELIV-
ERED  UNREASONABLE  OR  IMPOSSIBLE, SUCH ORDERS SHALL BE PROVIDED WITHIN
NINETY DAYS AFTER WRITTEN NOTICE HAS BEEN DELIVERED.
  (B) DELIVERY OF SUCH NOTICE SHALL BE ACCOMPLISHED  BY  CERTIFIED  MAIL
DULY  ADDRESSED TO THE SERVICE PROVIDER AND TERMINATION OR SUSPENSION OF
SERVICES SHALL BE DEEMED EFFECTIVE ON THE DATE SUCH NOTICE IS MAILED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10473-01-5

A. 7717                             2

  3. (A) A PERSON WHO TERMINATES OR SUSPENDS THE PROVISION  OF  SERVICES
UNDER  THIS SECTION AND WHO IS NO LONGER IN ACTIVE SERVICE MAY REINSTATE
THE PROVISION OF SERVICES ON THE SAME TERMS AND CONDITIONS AS ORIGINALLY
AGREED TO WITH THE SERVICE PROVIDER BEFORE THE TERMINATION OR SUSPENSION
UPON WRITTEN NOTICE TO THE SERVICE PROVIDER THAT THE PERSON IS NO LONGER
IN ACTIVE SERVICE. SUCH WRITTEN NOTICE SHALL BE GIVEN WITHIN NINETY DAYS
AFTER THE TERMINATION OF THE PERSON'S ACTIVE SERVICE.
  (B)  UPON  RECEIPT OF THE WRITTEN NOTICE OF REINSTATEMENT, THE SERVICE
PROVIDER SHALL RESUME THE PROVISION OF SERVICES OR, IF THE SERVICES  ARE
NO  LONGER  AVAILABLE,  PROVIDE  SUBSTANTIALLY SIMILAR SERVICES WITHIN A
REASONABLE TIME NOT TO EXCEED THIRTY DAYS FROM THE DATE  OF  RECEIPT  OF
THE WRITTEN NOTICE OF REINSTATEMENT.
  4.  A  PERSON  WHO TERMINATES, SUSPENDS OR REINSTATES THE PROVISION OF
SERVICES UNDER THIS SECTION:
  (A) MAY NOT BE CHARGED A PENALTY, FEE, LOSS OF DEPOSIT, OR  ANY  OTHER
ADDITIONAL COST BECAUSE OF THE TERMINATION, SUSPENSION OR REINSTATEMENT;
AND
  (B)  IS  NOT  LIABLE  FOR PAYMENT FOR ANY SERVICES AFTER THE EFFECTIVE
DATE OF THE TERMINATION OR SUSPENSION, OR UNTIL THE EFFECTIVE DATE OF  A
REINSTATEMENT  OF  SERVICES  AS  DESCRIBED  IN SUBDIVISION THREE OF THIS
SECTION.
  S 2. This act shall take effect immediately.

A7717A - Bill Details

Law Section:
Military Law
Laws Affected:
Add §311-c, Mil L

A7717A - Bill Texts

view summary

Relates to the termination without penalty of certain service contracts; allows active duty service members under certain conditions to cancel contracts without penalty with telecommunications service providers, internet service providers, health clubs, health spas, or television service providers when they receive their orders; requires service members include a copy of their orders when providing written notice.

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

                                 7717--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2015
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Consumer Affairs and Protection -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the military law, in relation to the termination without
  penalty of certain service contracts

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

  Section  1.  The military law is amended by adding a new section 311-c
to read as follows:
  S 311-C. TERMINATION WITHOUT PENALTY OF CERTAIN SERVICE CONTRACTS.  1.
THE  PROVISIONS  OF  THIS  SECTION  SHALL  APPLY  TO  EVERY CONTRACT FOR
SERVICES FROM A TELECOMMUNICATIONS SERVICE PROVIDER, AN INTERNET SERVICE
PROVIDER, A HEALTH CLUB AS DEFINED IN SECTION SIX HUNDRED TWENTY-ONE  OF
THE  GENERAL  BUSINESS  LAW,  A  HEALTH SPA, OR A PROVIDER OF TELEVISION
SERVICES, INCLUDING BUT NOT LIMITED TO CABLE TELEVISION,  DIRECT  SATEL-
LITE  AND OTHER TELEVISION-LIKE SERVICES, IN ANY CASE IN WHICH: (A) SUCH
CONTRACT WAS EXECUTED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION  BY
OR  ON  BEHALF  OF  A  PERSON WHO, AFTER THE EXECUTION OF SUCH CONTRACT,
ENTERED ACTIVE MILITARY SERVICE FOR NINETY DAYS OR LONGER; AND  (B)  THE
PERSON'S  MILITARY  SERVICE  IS AT A LOCATION WHERE THE SERVICE PROVIDER
CANNOT PROVIDE THE SERVICES COVERED BY THE CONTRACT.
  2. (A) ANY CONTRACT DESCRIBED IN SUBDIVISION ONE OF THIS  SECTION  MAY
BE TERMINATED WITHOUT PENALTY BY WRITTEN NOTICE DELIVERED TO THE SERVICE
PROVIDER  BY SUCH PERSON IN ACTIVE MILITARY SERVICE CANCELING HIS OR HER
CONTRACT WITHIN FOURTEEN DAYS OF HIS OR HER RECEIPT OF ORDERS TO  REPORT
FOR  MILITARY SERVICE. SUCH NOTICE SHALL INCLUDE A COPY OF THE ORDERS IN
QUESTION.
  (B) DELIVERY OF SUCH NOTICE SHALL BE IN ACCORDANCE WITH INDUSTRY STAN-
DARDS FOR NOTIFICATION OF TERMINATIONS, TOGETHER WITH THE FUTURE DATE ON
WHICH THE SERVICE IS TO BE TERMINATED.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10473-02-5

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