The New York State Senate today passed legislation (S2810), sponsored by Senator Kenneth LaValle (R-C-I, Port Jefferson), that would prevent academic fraud by banning the sale of electronic theses, term papers, and dissertations.

Senator Patrick M. Gallivan, (R-C-I, Elma) says the New York State Senate has passed legislation (S5598) that would establish the new crime of inciting violence against a police officer. In recent years, there has been an increase in violent crimes committed against police officers and this measure would help prevent individuals from deliberately inciting violence targeting law enforcement by creating a new class D felony.

senate Bill S2016B

2015-2016 Legislative Session

Relates to retaliation against other jurisdictions which discriminate against hiring New York state residents

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2016	print number 2016c amend and recommit to civil service and pensions
Mar 02, 2016	print number 2016b amend and recommit to civil service and pensions
Jan 14, 2016	print number 2016a amend and recommit to civil service and pensions
Jan 06, 2016	referred to civil service and pensions
Jan 21, 2015	referred to civil service and pensions

Bill Amendments

Original (Active)

S2016 - Details

Law Section:: Civil Service Law
Laws Affected:: Add §12, Civ Serv L
Versions Introduced in 2013-2014 Legislative Session:: S7750

S2016 - Summary

Relates to retaliation against other jurisdictions which discriminate against hiring New York state residents.

S2016 - Sponsor Memo

BILL NUMBER:S2016

TITLE OF BILL:

An act to amend the civil service law, in relation to retaliation
against other jurisdictions which discriminate against hiring New York
state residents

PURPOSE:

This bill will prohibit persons, whose primary residence is in a
discriminatory jurisdiction, from being hired by a public employer in
the state of New York.

SUMMARY OF PROVISIONS:

Section 1. Amends the civil service law by adding a new section 12 as
it relates to retaliating against jurisdictions with discriminatory
public employment laws. The civil service commission would be required
to develop a list of discriminatory jurisdictions which would include
any state that prohibits out of state residents from gaining
employment in the public sector. Public employers in New York State
would be prohibited from hiring any person who resides in a
discriminatory jurisdiction however a person shall have up to one year
to move into a non-discriminatory jurisdiction. Employees living in a
discriminatory jurisdiction at the time of the list's effective date

would be grandfathered in. A person living in a discriminatory
jurisdiction may apply for a waiver from the provisions if they can
demonstrate to the commission that moving into a non-discriminatory
would cause an undue hardship.

Section 2. Provides the authority to the civil service commission to
promulgate regulations to implement the act.

Section 3. Effective date.

JUSTIFICATION:

This legislation would protect New York State residents from other
state's discriminatory laws which unfairly restrict employment to out
of state residents. These laws hurt the regional economy and impede
the flow of human capital between states. A public employer should
hire the person with the best qualifications not based on where they
live.

This bill would provide reciprocity with states that have fair labor
laws which do not restrict employment of New York residents. States
that have restrictive public employment laws will be labeled a
"discriminatory jurisdiction" which will prevent residents in those
states from applying for public jobs in New York. This bill will
create a level playing field for all prospective employees, by
ensuring parity and fairness between states.

LEGISLATIVE HISTORY:

2014: S7750/A9157-A - Civil Service & Pensions/Passed Assembly


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect January 1, 2016.

S2016 - Bill Text download pdf

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

                                  2016

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

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

AN ACT to amend the  civil  service  law,  in  relation  to  retaliation
  against other jurisdictions which discriminate against hiring New York
  state residents

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

  Section 1. The civil service law is amended by adding a new section 12
to read as follows:
  S 12. PROVISIONS RELATING TO RETALIATING AGAINST  OTHER  JURISDICTIONS
WHICH  DISCRIMINATE  AGAINST HIRING NEW YORK STATE RESIDENTS. 1. FOR THE
PURPOSES OF THIS SECTION:
  A. "DISCRIMINATORY JURISDICTION" SHALL MEAN ANY STATE  THAT  HAS  LAWS
THAT DISCRIMINATE AGAINST NEW YORK STATE RESIDENTS BY PROHIBITING PUBLIC
EMPLOYERS IN SUCH STATE FROM EMPLOYING OUT OF STATE RESIDENTS.
  B.  "PRIMARY  RESIDENCE" SHALL MEAN WHERE A PERSON SPENDS THE MAJORITY
OF HIS OR HER NON-WORKING TIME; AND WHICH IS MOST CLEARLY THE CENTER  OF
HIS  OR  HER  DOMESTIC LIFE; AND WHICH IS DESIGNATED AS HIS OR HER LEGAL
ADDRESS AND LEGAL RESIDENCE FOR VOTING.
  C. "PUBLIC EMPLOYERS" SHALL MEAN THE FOLLOWING EMPLOYERS:
  (1) THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCH OF THIS STATE;
  (2) AN AUTHORITY, BOARD, BODY, AGENCY, COMMISSION, OR  INSTRUMENTALITY
OF  THE  STATE  INCLUDING ANY STATE COLLEGE, UNIVERSITY, OR OTHER HIGHER
EDUCATIONAL INSTITUTION, AND, TO THE EXTENT  CONSISTENT  WITH  LAW,  ANY
INTERSTATE AGENCY TO WHICH THE STATE IS A PARTY;
  (3)  A  COUNTY,  MUNICIPALITY,  OR  OTHER POLITICAL SUBDIVISION OF THE
STATE OR AN AUTHORITY, BOARD, BODY,  AGENCY,  DISTRICT,  COMMISSION,  OR
INSTRUMENTALITY OF THE COUNTY, MUNICIPALITY, OR SUBDIVISION;
  (4)  A  SCHOOL  DISTRICT OR AN AUTHORITY, BOARD, BODY, AGENCY, COMMIS-
SION, OR INSTRUMENTALITY OF THE DISTRICT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02974-01-5

S. 2016                             2

  D. "UNDUE HARDSHIP" SHALL MEAN AN ACCOMMODATION WHICH REQUIRES SIGNIF-
ICANT EXPENSE AND DIFFICULTY TO OBTAIN, AND PLACES AN UNAVOIDABLE BURDEN
ON THE HEALTH AND WELLBEING OF THE  PROSPECTIVE  EMPLOYEE  AND/OR  THEIR
IMMEDIATE FAMILY MEMBERS.
  2.  THE COMMISSION SHALL ANNUALLY PREPARE A LIST OF ALL DISCRIMINATORY
JURISDICTIONS. THE COMMISSION SHALL ADD TO OR DELETE FROM SAID LIST  ANY
JURISDICTION UPON CHANGES IN SUCH JURISDICTION'S LAWS THAT DEEM A CHANGE
IN  DESIGNATION.  THE COMMISSION SHALL DELIVER A COPY OF THE LIST BY THE
END OF EACH CALENDAR YEAR TO ALL PUBLIC EMPLOYERS IN THE  STATE  OF  NEW
YORK  AS  DEFINED  IN THIS SECTION AND DETAIL THE EFFECTIVE DATE OF SUCH
LIST.
  3. UPON THE EFFECTIVE DATE OF A LIST OF DISCRIMINATORY  JURISDICTIONS,
A  PUBLIC  EMPLOYER SHALL NOT HIRE ANY PERSON WHOSE PRIMARY RESIDENCE IS
LOCATED IN A DISCRIMINATORY JURISDICTION.   HOWEVER, SUCH  PERSON  SHALL
HAVE  ONE  YEAR FROM THE DATE OF HIRE TO CHANGE HIS OR HER PRIMARY RESI-
DENCE TO A JURISDICTION THAT IS NOT DEEMED DISCRIMINATORY BY THE COMMIS-
SION. A PERSON WHO FAILS TO SATISFY THE  REQUIREMENTS  OF  THIS  SECTION
FOLLOWING  THE  ONE  YEAR PERIOD FROM HIRE SHALL BE DEEMED UNFIT TO HOLD
SUCH OFFICE, EMPLOYMENT OR  POSITION  AND  SUCH  PUBLIC  EMPLOYER  SHALL
TERMINATE THE EMPLOYMENT IMMEDIATELY.  THE PUBLIC EMPLOYER, UPON RECEIPT
OF  THE  LIST OR UPDATED LIST OF ALL DISCRIMINATORY JURISDICTIONS, SHALL
REVISE ALL RELEVANT HIRING STANDARDS TO ACCOUNT  FOR  SUCH  CHANGES  AND
DISSEMINATE TO ALL NECESSARY AUTHORITIES.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO IS
EMPLOYED BY A PUBLIC EMPLOYER IN THIS STATE ON THE EFFECTIVE DATE OF THE
INITIAL LIST AND ANY SUBSEQUENT UPDATED LIST OF DISCRIMINATORY JURISDIC-
TIONS  BY  THE  COMMISSION  AND WHERE SUCH PERSON'S PRIMARY RESIDENCE IS
LOCATED IN A DISCRIMINATORY JURISDICTION WHICH WAS ON THE ORIGINAL  LIST
OR HAS BEEN ADDED AND WAS NOT DESIGNATED DISCRIMINATORY ON THE LIST FROM
THE  PREVIOUS YEAR.  THE PROVISIONS OF THIS SECTION WILL CONTINUE TO NOT
APPLY PROVIDED SUCH PERSON CONTINUES TO  HOLD  EMPLOYMENT  BY  A  PUBLIC
EMPLOYER  IN THE STATE WITHOUT A BREAK IN PUBLIC SERVICE OF GREATER THAN
THIRTY DAYS.
  5. THE PROVISIONS OF THIS SECTION MAY BE WAIVED THROUGH AN APPLICATION
THAT IS APPROVED BY THE COMMISSION.   THE APPLICATION  MUST  DEMONSTRATE
THE  UNDUE  HARDSHIP CREATED BY THE PROVISIONS OF THIS SECTION AND HOW A
WAIVER WOULD ALLEVIATE SUCH HARDSHIP.    THE  APPLICATION  MUST  INCLUDE
SUPPORTING  DOCUMENTATION  DETAILING  THE  UNDUE HARDSHIP, PROVIDED, THE
COMMISSION MAY IN ITS DISCRETION REQUEST ADDITIONAL INFORMATION FROM THE
PERSON. AN APPLICATION SHALL BE SUBMITTED IN A MANNER PRESCRIBED BY  THE
COMMISSION. A DETERMINATION BY THE COMMISSION MUST BE MADE IN WRITING NO
LATER  THAN NINETY DAYS AFTER IT WAS RECEIVED. THE COMMISSION MAY EXTEND
THE PERIOD OF REVIEW FOR AN ADDITIONAL THIRTY DAYS  IF  IT  INFORMS  THE
APPLICANT  IN  WRITING.   IF THE APPLICATION IS DENIED, AN APPEAL MAY BE
GRANTED AT THE DISCRETION OF THE COMMISSION.    AN  APPLICANT  THAT  WAS
DENIED  MAY  REAPPLY  FOR  A WAIVER NO SOONER THAN SIX MONTHS AFTER SUCH
DENIAL. A WAIVER THAT IS GRANTED BY THE COMMISSION SHALL BE VALID FOR  A
PERIOD  OF  ONE  YEAR OR UNTIL SUCH APPLICANT HAS BEEN HIRED BY A PUBLIC
EMPLOYER WHEREIN HE OR SHE  SHALL  BE  CONSIDERED  NOT  SUBJECT  TO  THE
PROVISIONS  OF  THIS  SECTION  AS  PROVIDED  IN SUBDIVISION FOUR OF THIS
SECTION.  A PERSON MAY REAPPLY FOR A WAIVER UPON  THE  EXPIRATION  OF  A
PREVIOUSLY GRANTED WAIVER.
  S  2.  The  civil service commission is authorized to promulgate rules
and regulations necessary for the implementation of  the  provisions  of
this act on or before its effective date.
  S 3. This act shall take effect January 1, 2016.

S2016A - Details

Law Section:: Civil Service Law
Laws Affected:: Add §12, Civ Serv L
Versions Introduced in 2013-2014 Legislative Session:: S7750

S2016A - Summary

Relates to retaliation against other jurisdictions which discriminate against hiring New York state residents.

S2016A - Sponsor Memo

 BILL NUMBER:  S2016A

 TITLE OF BILL :  An act to amend the civil service law, in relation
to retaliation against other jurisdictions which discriminate against
hiring New York state residents

 TITLE OF BILL :

An act to amend the civil service law, in relation to retaliation
against other jurisdictions which discriminate against hiring New York
state residents

 PURPOSE :

This bill will prohibit persons, whose primary residence is in a
discriminatory jurisdiction, from being hired by a public employer in
the state of New York.

 SUMMARY OF PROVISIONS :

Section 1. Amends the civil service law by adding a new section 12 as
it relates to retaliating against jurisdictions with discriminatory
public employment laws. The civil service commission would be required
to develop a list of discriminatory jurisdictions which would include
any state that prohibits out of state residents from gaining
employment in the public sector. Public employers in New York State

would be prohibited from hiring any person who resides in a
discriminatory jurisdiction however a person shall have up to one year
to move into a non-discriminatory jurisdiction. Employees living in a
discriminatory jurisdiction at the time of the list's effective date
would be grandfathered in. A person living in a discriminatory
jurisdiction may apply for a waiver from the provisions if they can
demonstrate to the commission that moving into a non-discriminatory
would cause an undue hardship.

Section 2. Provides the authority to the civil service commission to
promulgate regulations to implement the act.

Section 3. Effective date.

 JUSTIFICATION :

This legislation would protect New York State residents from other
state's discriminatory laws which unfairly restrict employment to out
of state residents. These laws hurt the regional economy and impede
the flow of human capital between states. A public employer should
hire the person with the best qualifications not based on where they
live.

This bill would provide reciprocity with states that have fair labor
laws which do not restrict employment of New York residents. States
that have restrictive public employment laws will be labeled a
"discriminatory jurisdiction" which will prevent residents in those
states from applying for public jobs in New York. This bill will
create a level playing field for all prospective employees, by
ensuring parity and fairness between states.

 LEGISLATIVE HISTORY :

2014: S7750/A9157-A - Civil Service & Pensions/Passed Assembly

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect January 1, 2017.

S2016A - Bill Text download pdf

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

                                 2016--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  civil  service  law, in relation to retaliation
  against other jurisdictions which discriminate against hiring New York
  state residents

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

  Section 1. The civil service law is amended by adding a new section 12
to read as follows:
  S  12.  PROVISIONS RELATING TO RETALIATING AGAINST OTHER JURISDICTIONS
WHICH DISCRIMINATE AGAINST HIRING NEW YORK STATE RESIDENTS. 1.  FOR  THE
PURPOSES OF THIS SECTION:
  A.  "DISCRIMINATORY  JURISDICTION"  SHALL MEAN ANY STATE THAT HAS LAWS
THAT DISCRIMINATE AGAINST NEW YORK STATE RESIDENTS BY PROHIBITING PUBLIC
EMPLOYERS IN SUCH STATE FROM EMPLOYING OUT OF STATE RESIDENTS.
  B. "PRIMARY RESIDENCE" SHALL MEAN WHERE A PERSON SPENDS  THE  MAJORITY
OF  HIS OR HER NON-WORKING TIME; AND WHICH IS MOST CLEARLY THE CENTER OF
HIS OR HER DOMESTIC LIFE; AND WHICH IS DESIGNATED AS HIS  OR  HER  LEGAL
ADDRESS AND LEGAL RESIDENCE FOR VOTING.
  C. "PUBLIC EMPLOYERS" SHALL MEAN THE FOLLOWING EMPLOYERS:
  (1) THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCH OF THIS STATE;
  (2)  AN AUTHORITY, BOARD, BODY, AGENCY, COMMISSION, OR INSTRUMENTALITY
OF THE STATE INCLUDING ANY STATE COLLEGE, UNIVERSITY,  OR  OTHER  HIGHER
EDUCATIONAL  INSTITUTION,  AND,  TO  THE EXTENT CONSISTENT WITH LAW, ANY
INTERSTATE AGENCY TO WHICH THE STATE IS A PARTY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02974-04-6

S. 2016--A                          2

  (3) A COUNTY, MUNICIPALITY, OR  OTHER  POLITICAL  SUBDIVISION  OF  THE
STATE  OR  AN  AUTHORITY,  BOARD, BODY, AGENCY, DISTRICT, COMMISSION, OR
INSTRUMENTALITY OF THE COUNTY, MUNICIPALITY, OR SUBDIVISION;
  (4)  A  SCHOOL  DISTRICT OR AN AUTHORITY, BOARD, BODY, AGENCY, COMMIS-
SION, OR INSTRUMENTALITY OF THE DISTRICT.
  D. "UNDUE HARDSHIP" SHALL MEAN AN ACCOMMODATION WHICH REQUIRES SIGNIF-
ICANT EXPENSE AND DIFFICULTY TO OBTAIN, AND PLACES AN UNAVOIDABLE BURDEN
ON THE HEALTH AND WELLBEING OF THE  PROSPECTIVE  EMPLOYEE  AND/OR  THEIR
IMMEDIATE FAMILY MEMBERS.
  2.  THE COMMISSION SHALL ANNUALLY PREPARE A LIST OF ALL DISCRIMINATORY
JURISDICTIONS. THE COMMISSION SHALL ADD TO OR DELETE FROM SAID LIST  ANY
JURISDICTION UPON CHANGES IN SUCH JURISDICTION'S LAWS THAT DEEM A CHANGE
IN  DESIGNATION.  THE COMMISSION SHALL DELIVER A COPY OF THE LIST BY THE
END OF EACH CALENDAR YEAR TO ALL PUBLIC EMPLOYERS IN THE  STATE  OF  NEW
YORK  AS  DEFINED  IN THIS SECTION AND DETAIL THE EFFECTIVE DATE OF SUCH
LIST.
  3. UPON THE EFFECTIVE DATE OF A LIST OF DISCRIMINATORY  JURISDICTIONS,
A  PUBLIC  EMPLOYER SHALL NOT HIRE ANY PERSON WHOSE PRIMARY RESIDENCE IS
LOCATED IN A DISCRIMINATORY JURISDICTION.   HOWEVER, SUCH  PERSON  SHALL
HAVE  ONE  YEAR FROM THE DATE OF HIRE TO CHANGE HIS OR HER PRIMARY RESI-
DENCE TO A JURISDICTION THAT IS NOT DEEMED DISCRIMINATORY BY THE COMMIS-
SION. A PERSON WHO FAILS TO SATISFY THE  REQUIREMENTS  OF  THIS  SECTION
FOLLOWING  THE  ONE  YEAR PERIOD FROM HIRE SHALL BE DEEMED UNFIT TO HOLD
SUCH OFFICE, EMPLOYMENT OR  POSITION  AND  SUCH  PUBLIC  EMPLOYER  SHALL
TERMINATE THE EMPLOYMENT IMMEDIATELY.  THE PUBLIC EMPLOYER, UPON RECEIPT
OF  THE  LIST OR UPDATED LIST OF ALL DISCRIMINATORY JURISDICTIONS, SHALL
REVISE ALL RELEVANT HIRING STANDARDS TO ACCOUNT  FOR  SUCH  CHANGES  AND
DISSEMINATE TO ALL NECESSARY AUTHORITIES.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO IS
EMPLOYED BY A PUBLIC EMPLOYER IN THIS STATE ON THE EFFECTIVE DATE OF THE
INITIAL LIST AND ANY SUBSEQUENT UPDATED LIST OF DISCRIMINATORY JURISDIC-
TIONS  BY  THE  COMMISSION  AND WHERE SUCH PERSON'S PRIMARY RESIDENCE IS
LOCATED IN A DISCRIMINATORY JURISDICTION WHICH WAS ON THE ORIGINAL  LIST
OR HAS BEEN ADDED AND WAS NOT DESIGNATED DISCRIMINATORY ON THE LIST FROM
THE  PREVIOUS YEAR.  THE PROVISIONS OF THIS SECTION WILL CONTINUE TO NOT
APPLY PROVIDED SUCH PERSON CONTINUES TO  HOLD  EMPLOYMENT  BY  A  PUBLIC
EMPLOYER  IN THE STATE WITHOUT A BREAK IN PUBLIC SERVICE OF GREATER THAN
THIRTY DAYS.
  5. THE PROVISIONS OF THIS SECTION MAY BE WAIVED THROUGH AN APPLICATION
THAT IS APPROVED BY THE COMMISSION.   THE APPLICATION  MUST  DEMONSTRATE
THE  UNDUE  HARDSHIP CREATED BY THE PROVISIONS OF THIS SECTION AND HOW A
WAIVER WOULD ALLEVIATE SUCH HARDSHIP.    THE  APPLICATION  MUST  INCLUDE
SUPPORTING  DOCUMENTATION  DETAILING  THE  UNDUE HARDSHIP, PROVIDED, THE
COMMISSION MAY IN ITS DISCRETION REQUEST ADDITIONAL INFORMATION FROM THE
PERSON. AN APPLICATION SHALL BE SUBMITTED IN A MANNER PRESCRIBED BY  THE
COMMISSION. A DETERMINATION BY THE COMMISSION MUST BE MADE IN WRITING NO
LATER  THAN NINETY DAYS AFTER IT WAS RECEIVED. THE COMMISSION MAY EXTEND
THE PERIOD OF REVIEW FOR AN ADDITIONAL THIRTY DAYS  IF  IT  INFORMS  THE
APPLICANT  IN  WRITING.   IF THE APPLICATION IS DENIED, AN APPEAL MAY BE
GRANTED AT THE DISCRETION OF THE COMMISSION.    AN  APPLICANT  THAT  WAS
DENIED  MAY  REAPPLY  FOR  A WAIVER NO SOONER THAN SIX MONTHS AFTER SUCH
DENIAL. A WAIVER THAT IS GRANTED BY THE COMMISSION SHALL BE VALID FOR  A
PERIOD  OF  ONE  YEAR OR UNTIL SUCH APPLICANT HAS BEEN HIRED BY A PUBLIC
EMPLOYER WHEREIN HE OR SHE  SHALL  BE  CONSIDERED  NOT  SUBJECT  TO  THE
PROVISIONS  OF  THIS  SECTION  AS  PROVIDED  IN SUBDIVISION FOUR OF THIS

S. 2016--A                          3

SECTION.  A PERSON MAY REAPPLY FOR A WAIVER UPON  THE  EXPIRATION  OF  A
PREVIOUSLY GRANTED WAIVER.
  S  2.  The  civil service commission is authorized to promulgate rules
and regulations necessary for the implementation of  the  provisions  of
this act on or before its effective date.
  S 3. This act shall take effect January 1, 2017.

S2016B - Details

Law Section:: Civil Service Law
Laws Affected:: Add §12, Civ Serv L
Versions Introduced in 2013-2014 Legislative Session:: S7750

S2016B - Summary

Relates to retaliation against other jurisdictions which discriminate against hiring New York state residents.

S2016B - Sponsor Memo

 BILL NUMBER:  S2016B

 PURPOSE :

This bill will prohibit persons, whose primary residence is in a
discriminatory jurisdiction, from being hired by a public employer in
the state of New York.

 SUMMARY OF PROVISIONS :

Section 1. Amends the civil service law by adding a new section 12 as
it relates to retaliating against jurisdictions with discriminatory
public employment laws. The civil service commission would be required
to develop a list of discriminatory jurisdictions which would include
any state that prohibits out of state residents from gaining
employment in the public sector. Public employers in New York State
would be prohibited from hiring any person who resides in a
discriminatory jurisdiction however a person shall have up to one year
to move into a non-discriminatory jurisdiction. Employees living in a
discriminatory jurisdiction at the time of the list's effective date
would be grandfathered in. A person living in a discriminatory
jurisdiction may apply for a waiver from the provisions if they can
demonstrate to the commission that moving into a non-discriminatory
would cause an undue hardship.

Section 2. Provides the authority to the civil service commission to

promulgate regulations to implement the act.

Section 3. Effective date.

 JUSTIFICATION :

This legislation would protect New York State residents from other
state's discriminatory laws which unfairly restrict employment to out
of state residents. These laws hurt the regional economy and impede
the flow of human capital between states. A public employer should
hire the person with the best qualifications not based on where they
live.

This bill would provide reciprocity with states that have fair labor
laws which do not restrict employment of New York residents. States
that have restrictive public employment laws will be labeled a
"discriminatory jurisdiction" which will prevent residents in those
states from applying for public jobs in New York. This bill will
create a level playing field for all prospective employees, by
ensuring parity and fairness between states.

 LEGISLATIVE HISTORY :

2014: 57750/A9157-A - Civil Service & Pensions/Passed Assembly

 FISCAL IMPLICATIONS :

None.

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

S2016B - Bill Text download pdf

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

                                 2016--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

AN ACT to amend the  civil  service  law,  in  relation  to  retaliation
  against other jurisdictions which discriminate against hiring New York
  state residents

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

  Section 1. The civil service law is amended by adding a new section 12
to read as follows:
  S 12. PROVISIONS RELATING TO RETALIATING AGAINST  OTHER  JURISDICTIONS
WHICH  DISCRIMINATE  AGAINST HIRING NEW YORK STATE RESIDENTS. 1. FOR THE
PURPOSES OF THIS SECTION:
  A. "DISCRIMINATORY JURISDICTION" SHALL MEAN ANY STATE  THAT  HAS  LAWS
THAT DISCRIMINATE AGAINST NEW YORK STATE RESIDENTS BY PROHIBITING PUBLIC
EMPLOYERS IN SUCH STATE FROM EMPLOYING OUT OF STATE RESIDENTS.
  B.  "PRIMARY  RESIDENCE" SHALL MEAN WHERE A PERSON SPENDS THE MAJORITY
OF HIS OR HER NON-WORKING TIME; AND WHICH IS MOST CLEARLY THE CENTER  OF
HIS  OR  HER  DOMESTIC LIFE; AND WHICH IS DESIGNATED AS HIS OR HER LEGAL
ADDRESS AND LEGAL RESIDENCE FOR VOTING.
  C. "PUBLIC EMPLOYERS" SHALL MEAN THE FOLLOWING EMPLOYERS:
  (1) THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCH OF THIS STATE;
  (2) AN AUTHORITY, BOARD, BODY, AGENCY, COMMISSION, OR  INSTRUMENTALITY
OF  THE  STATE  INCLUDING ANY STATE COLLEGE, UNIVERSITY, OR OTHER HIGHER
EDUCATIONAL INSTITUTION, AND, TO THE EXTENT  CONSISTENT  WITH  LAW,  ANY
INTERSTATE AGENCY TO WHICH THE STATE IS A PARTY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02974-06-6

S. 2016--B                          2

  (3)  A  COUNTY,  MUNICIPALITY,  OR  OTHER POLITICAL SUBDIVISION OF THE
STATE OR AN AUTHORITY, BOARD, BODY,  AGENCY,  DISTRICT,  COMMISSION,  OR
INSTRUMENTALITY OF THE COUNTY, MUNICIPALITY, OR SUBDIVISION;
  (4)  A  SCHOOL  DISTRICT OR AN AUTHORITY, BOARD, BODY, AGENCY, COMMIS-
SION, OR INSTRUMENTALITY OF THE DISTRICT.
  D. "UNDUE HARDSHIP" SHALL MEAN AN ACCOMMODATION WHICH REQUIRES SIGNIF-
ICANT EXPENSE AND DIFFICULTY TO OBTAIN, AND PLACES AN UNAVOIDABLE BURDEN
ON THE HEALTH AND WELLBEING OF THE  PROSPECTIVE  EMPLOYEE  AND/OR  THEIR
IMMEDIATE FAMILY MEMBERS.
  2.  THE COMMISSION SHALL ANNUALLY PREPARE A LIST OF ALL DISCRIMINATORY
JURISDICTIONS. THE COMMISSION SHALL ADD TO OR DELETE FROM SAID LIST  ANY
JURISDICTION UPON CHANGES IN SUCH JURISDICTION'S LAWS THAT DEEM A CHANGE
IN  DESIGNATION.  THE COMMISSION SHALL DELIVER A COPY OF THE LIST BY THE
END OF EACH CALENDAR YEAR TO ALL PUBLIC EMPLOYERS IN THE  STATE  OF  NEW
YORK  AS  DEFINED  IN THIS SECTION AND DETAIL THE EFFECTIVE DATE OF SUCH
LIST.
  3. UPON THE EFFECTIVE DATE OF A LIST OF DISCRIMINATORY  JURISDICTIONS,
A  PUBLIC  EMPLOYER SHALL NOT HIRE ANY PERSON WHOSE PRIMARY RESIDENCE IS
LOCATED IN A DISCRIMINATORY JURISDICTION.   HOWEVER, SUCH  PERSON  SHALL
HAVE  ONE  YEAR FROM THE DATE OF HIRE TO CHANGE HIS OR HER PRIMARY RESI-
DENCE TO A JURISDICTION THAT IS NOT DEEMED DISCRIMINATORY BY THE COMMIS-
SION. A PERSON WHO FAILS TO SATISFY THE  REQUIREMENTS  OF  THIS  SECTION
FOLLOWING  THE  ONE  YEAR PERIOD FROM HIRE SHALL BE DEEMED UNFIT TO HOLD
SUCH OFFICE, EMPLOYMENT OR  POSITION  AND  SUCH  PUBLIC  EMPLOYER  SHALL
TERMINATE THE EMPLOYMENT IMMEDIATELY.  THE PUBLIC EMPLOYER, UPON RECEIPT
OF  THE  LIST OR UPDATED LIST OF ALL DISCRIMINATORY JURISDICTIONS, SHALL
REVISE ALL RELEVANT HIRING STANDARDS TO ACCOUNT  FOR  SUCH  CHANGES  AND
DISSEMINATE TO ALL NECESSARY AUTHORITIES.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO IS
EMPLOYED BY A PUBLIC EMPLOYER IN THIS STATE ON THE EFFECTIVE DATE OF THE
INITIAL LIST AND ANY SUBSEQUENT UPDATED LIST OF DISCRIMINATORY JURISDIC-
TIONS  BY  THE  COMMISSION  AND WHERE SUCH PERSON'S PRIMARY RESIDENCE IS
LOCATED IN A DISCRIMINATORY JURISDICTION WHICH WAS ON THE ORIGINAL  LIST
OR HAS BEEN ADDED AND WAS NOT DESIGNATED DISCRIMINATORY ON THE LIST FROM
THE  PREVIOUS YEAR.  THE PROVISIONS OF THIS SECTION WILL CONTINUE TO NOT
APPLY PROVIDED SUCH PERSON CONTINUES TO  HOLD  EMPLOYMENT  BY  A  PUBLIC
EMPLOYER  IN THE STATE WITHOUT A BREAK IN PUBLIC SERVICE OF GREATER THAN
THIRTY DAYS.
  5. THE PROVISIONS OF THIS SECTION MAY BE WAIVED THROUGH AN APPLICATION
THAT IS APPROVED BY THE COMMISSION.   THE APPLICATION  MUST  DEMONSTRATE
THE  UNDUE  HARDSHIP CREATED BY THE PROVISIONS OF THIS SECTION AND HOW A
WAIVER WOULD ALLEVIATE SUCH HARDSHIP.    THE  APPLICATION  MUST  INCLUDE
SUPPORTING  DOCUMENTATION  DETAILING  THE  UNDUE HARDSHIP, PROVIDED, THE
COMMISSION MAY IN ITS DISCRETION REQUEST ADDITIONAL INFORMATION FROM THE
PERSON. AN APPLICATION SHALL BE SUBMITTED IN A MANNER PRESCRIBED BY  THE
COMMISSION. A DETERMINATION BY THE COMMISSION MUST BE MADE IN WRITING NO
LATER  THAN NINETY DAYS AFTER IT WAS RECEIVED. THE COMMISSION MAY EXTEND
THE PERIOD OF REVIEW FOR AN ADDITIONAL THIRTY DAYS  IF  IT  INFORMS  THE
APPLICANT  IN  WRITING.   IF THE APPLICATION IS DENIED, AN APPEAL MAY BE
GRANTED AT THE DISCRETION OF THE COMMISSION.    AN  APPLICANT  THAT  WAS
DENIED  MAY  REAPPLY  FOR  A WAIVER NO SOONER THAN SIX MONTHS AFTER SUCH
DENIAL. A WAIVER THAT IS GRANTED BY THE COMMISSION SHALL BE VALID FOR  A
PERIOD  OF  ONE  YEAR OR UNTIL SUCH APPLICANT HAS BEEN HIRED BY A PUBLIC
EMPLOYER WHEREIN HE OR SHE  SHALL  BE  CONSIDERED  NOT  SUBJECT  TO  THE
PROVISIONS  OF  THIS  SECTION  AS  PROVIDED  IN SUBDIVISION FOUR OF THIS

S. 2016--B                          3

SECTION.  A PERSON MAY REAPPLY FOR A WAIVER UPON  THE  EXPIRATION  OF  A
PREVIOUSLY GRANTED WAIVER.
  S  2.  The  civil service commission is authorized to promulgate rules
and regulations necessary for the implementation of  the  provisions  of
this act on or before its effective date.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

S2016C - Details

Law Section:: Civil Service Law
Laws Affected:: Add §12, Civ Serv L
Versions Introduced in 2013-2014 Legislative Session:: S7750

S2016C - Summary

Relates to retaliation against other jurisdictions which discriminate against hiring New York state residents.

S2016C - Sponsor Memo

 BILL NUMBER:  S2016C

 TITLE OF BILL :

An act to amend the civil service law, in relation to retaliation
against other jurisdictions which discriminate against hiring New York
state residents

 PURPOSE :

This bill will prohibit persons, whose primary residence is in a
discriminatory jurisdiction, from being hired by a public employer in
the state of New York.

 SUMMARY OF PROVISIONS :

Section 1. Amends the civil service law by adding a new section 12 as
it relates to retaliating against jurisdictions with discriminatory
public employment laws. The civil service commission would be required
to develop a list of discriminatory jurisdictions which would include
any state that prohibits out of state residents from gaining
employment in the public sector. Public employers in New York State
would be prohibited from hiring any person who resides in a
discriminatory jurisdiction however a person shall have up to one year
to move into a non-discriminatory jurisdiction. Employees living in a
discriminatory jurisdiction at the time of the list's effective date

would be grandfathered in. A person living in a discriminatory
jurisdiction may apply for a waiver from the provisions if they can
demonstrate to the commission that moving into a non-discriminatory
would cause an undue hardship.

Section 2. Provides the authority to the civil service commission to
promulgate regulations to implement the act on or before its effective
date.

Section 3. Effective date.

 JUSTIFICATION :

This legislation would protect New York State residents from other
state's discriminatory laws which unfairly restrict employment to out
of state residents. These laws hurt the regional economy and impede
the flow of human capital between states. A public employer should
hire the person with the best qualifications not based on where they
live.

This bill would provide reciprocity with states that have fair labor
laws which do not restrict employment of New York residents. States
that have restrictive public employment laws will be labeled a
"discriminatory jurisdiction" which will prevent residents in those
states from applying for public jobs in New York. This bill will
create a level playing field for all prospective employees, by
ensuring parity and fairness between states.

 LEGISLATIVE HISTORY :

2014: S7750/A9157-A - Civil Service & Pensions/Passed Assembly

 FISCAL IMPLICATIONS :

None.

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

S2016C - Bill Text download pdf

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

                                 2016--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the  civil  service  law,  in  relation  to  retaliation
  against other jurisdictions which discriminate against hiring New York
  state residents

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

  Section 1. The civil service law is amended by adding a new section 12
to read as follows:
  S 12. PROVISIONS RELATING TO RETALIATING AGAINST  OTHER  JURISDICTIONS
WHICH  DISCRIMINATE  AGAINST HIRING NEW YORK STATE RESIDENTS. 1. FOR THE
PURPOSES OF THIS SECTION:
  A. "DISCRIMINATORY JURISDICTION" SHALL MEAN ANY STATE  THAT  HAS  LAWS
THAT DISCRIMINATE AGAINST NEW YORK STATE RESIDENTS BY PROHIBITING PUBLIC
EMPLOYERS IN SUCH STATE FROM EMPLOYING OUT OF STATE RESIDENTS.
  B.  "PRIMARY  RESIDENCE" SHALL MEAN WHERE A PERSON SPENDS THE MAJORITY
OF HIS OR HER NON-WORKING TIME; AND WHICH IS MOST CLEARLY THE CENTER  OF
HIS  OR  HER  DOMESTIC LIFE; AND WHICH IS DESIGNATED AS HIS OR HER LEGAL
ADDRESS AND LEGAL RESIDENCE FOR VOTING.
  C. "PUBLIC EMPLOYERS" SHALL MEAN THE FOLLOWING EMPLOYERS:
  (1) THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCH OF THIS STATE;
  (2) AN AUTHORITY, BOARD, BODY, AGENCY, COMMISSION, OR  INSTRUMENTALITY
OF  THE  STATE  INCLUDING ANY STATE COLLEGE, UNIVERSITY, OR OTHER HIGHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02974-03-6

S. 2016--C                          2

EDUCATIONAL INSTITUTION, AND, TO THE EXTENT  CONSISTENT  WITH  LAW,  ANY
INTERSTATE AGENCY TO WHICH THE STATE IS A PARTY;
  (3)  A  COUNTY,  MUNICIPALITY,  OR  OTHER POLITICAL SUBDIVISION OF THE
STATE OR AN AUTHORITY, BOARD, BODY,  AGENCY,  DISTRICT,  COMMISSION,  OR
INSTRUMENTALITY OF THE COUNTY, MUNICIPALITY, OR SUBDIVISION;
  (4)  A  SCHOOL  DISTRICT OR AN AUTHORITY, BOARD, BODY, AGENCY, COMMIS-
SION, OR INSTRUMENTALITY OF THE DISTRICT.
  D. "UNDUE HARDSHIP" SHALL MEAN AN ACCOMMODATION WHICH REQUIRES SIGNIF-
ICANT EXPENSE AND DIFFICULTY TO OBTAIN, AND PLACES AN UNAVOIDABLE BURDEN
ON THE HEALTH AND WELLBEING OF THE  PROSPECTIVE  EMPLOYEE  AND/OR  THEIR
IMMEDIATE FAMILY MEMBERS.
  2.  THE COMMISSION SHALL ANNUALLY PREPARE A LIST OF ALL DISCRIMINATORY
JURISDICTIONS. THE COMMISSION SHALL ADD TO OR DELETE FROM SAID LIST  ANY
JURISDICTION UPON CHANGES IN SUCH JURISDICTION'S LAWS THAT DEEM A CHANGE
IN  DESIGNATION.  THE COMMISSION SHALL DELIVER A COPY OF THE LIST BY THE
END OF EACH CALENDAR YEAR TO ALL PUBLIC EMPLOYERS IN THE  STATE  OF  NEW
YORK  AS  DEFINED  IN THIS SECTION AND DETAIL THE EFFECTIVE DATE OF SUCH
LIST.
  3. UPON THE EFFECTIVE DATE OF A LIST OF DISCRIMINATORY  JURISDICTIONS,
A  PUBLIC  EMPLOYER SHALL NOT HIRE ANY PERSON WHOSE PRIMARY RESIDENCE IS
LOCATED IN A DISCRIMINATORY JURISDICTION.   HOWEVER, SUCH  PERSON  SHALL
HAVE  ONE  YEAR FROM THE DATE OF HIRE TO CHANGE HIS OR HER PRIMARY RESI-
DENCE TO A JURISDICTION THAT IS NOT DEEMED DISCRIMINATORY BY THE COMMIS-
SION. A PERSON WHO FAILS TO SATISFY THE  REQUIREMENTS  OF  THIS  SECTION
FOLLOWING  THE  ONE  YEAR PERIOD FROM HIRE SHALL BE DEEMED UNFIT TO HOLD
SUCH OFFICE, EMPLOYMENT OR  POSITION  AND  SUCH  PUBLIC  EMPLOYER  SHALL
TERMINATE THE EMPLOYMENT IMMEDIATELY.  THE PUBLIC EMPLOYER, UPON RECEIPT
OF  THE  LIST OR UPDATED LIST OF ALL DISCRIMINATORY JURISDICTIONS, SHALL
REVISE ALL RELEVANT HIRING STANDARDS TO ACCOUNT  FOR  SUCH  CHANGES  AND
DISSEMINATE TO ALL NECESSARY AUTHORITIES.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO IS
EMPLOYED BY A PUBLIC EMPLOYER IN THIS STATE ON THE EFFECTIVE DATE OF THE
INITIAL LIST AND ANY SUBSEQUENT UPDATED LIST OF DISCRIMINATORY JURISDIC-
TIONS  BY  THE  COMMISSION  AND WHERE SUCH PERSON'S PRIMARY RESIDENCE IS
LOCATED IN A DISCRIMINATORY JURISDICTION WHICH WAS ON THE ORIGINAL  LIST
OR HAS BEEN ADDED AND WAS NOT DESIGNATED DISCRIMINATORY ON THE LIST FROM
THE  PREVIOUS YEAR.  THE PROVISIONS OF THIS SECTION WILL CONTINUE TO NOT
APPLY PROVIDED SUCH PERSON CONTINUES TO  HOLD  EMPLOYMENT  BY  A  PUBLIC
EMPLOYER  IN THE STATE WITHOUT A BREAK IN PUBLIC SERVICE OF GREATER THAN
THIRTY DAYS.
  5. THE PROVISIONS OF THIS SECTION MAY BE WAIVED THROUGH AN APPLICATION
THAT IS APPROVED BY THE COMMISSION.   THE APPLICATION  MUST  DEMONSTRATE
THE  UNDUE  HARDSHIP CREATED BY THE PROVISIONS OF THIS SECTION AND HOW A
WAIVER WOULD ALLEVIATE SUCH HARDSHIP.    THE  APPLICATION  MUST  INCLUDE
SUPPORTING  DOCUMENTATION  DETAILING  THE  UNDUE HARDSHIP, PROVIDED, THE
COMMISSION MAY IN ITS DISCRETION REQUEST ADDITIONAL INFORMATION FROM THE
PERSON. AN APPLICATION SHALL BE SUBMITTED IN A MANNER PRESCRIBED BY  THE
COMMISSION. A DETERMINATION BY THE COMMISSION MUST BE MADE IN WRITING NO
LATER  THAN NINETY DAYS AFTER IT WAS RECEIVED. THE COMMISSION MAY EXTEND
THE PERIOD OF REVIEW FOR AN ADDITIONAL THIRTY DAYS  IF  IT  INFORMS  THE
APPLICANT  IN  WRITING.   IF THE APPLICATION IS DENIED, AN APPEAL MAY BE
GRANTED AT THE DISCRETION OF THE COMMISSION.    AN  APPLICANT  THAT  WAS
DENIED  MAY  REAPPLY  FOR  A WAIVER NO SOONER THAN SIX MONTHS AFTER SUCH
DENIAL. A WAIVER THAT IS GRANTED BY THE COMMISSION SHALL BE VALID FOR  A
PERIOD  OF  ONE  YEAR OR UNTIL SUCH APPLICANT HAS BEEN HIRED BY A PUBLIC
EMPLOYER WHEREIN HE OR SHE  SHALL  BE  CONSIDERED  NOT  SUBJECT  TO  THE

S. 2016--C                          3

PROVISIONS  OF  THIS  SECTION  AS  PROVIDED  IN SUBDIVISION FOUR OF THIS
SECTION.  A PERSON MAY REAPPLY FOR A WAIVER UPON  THE  EXPIRATION  OF  A
PREVIOUSLY GRANTED WAIVER.
  S  2.  The  civil service commission is authorized to promulgate rules
and regulations necessary for the implementation of  the  provisions  of
this act on or before its effective date.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

Senator Patrick M. Gallivan, (R-C-I, Elma) says the State Senate has passed legislation to help provide additional economic development resources so that more New York farmers can succeed and create jobs. The bill (S2250), co-sponsored by Senator Gallivan, allows Industrial Development Agencies (IDAs) to expand their support of New York’s agricultural economy by making technical and financial assistance available to farmers.

Senator Serrano's March Constituent Hours Schedule

02 Mar 2016

‐

30 Mar 2016

District Office of State Senator Serrano

1916 Park Ave Suite 202
New York, NY 10037

2:15 PM - 5:00 PM

Add to Calendar 03/02/2016 2:15 PM 03/30/2016 5:00 PM America/New_York Senator Serrano's March Constituent Hours Schedule District Office of State Senator Serrano MM/DD/YYYY NY STATE SENATE content@senate.state.ny.us

See the flyer for more information about the dates and times we'll be at senior centers and libraries throughout the district.

The New York State today passed legislation that creates one August primary date for state and Congressional races, saving taxpayers at least $25 million and bringing the state into compliance with federal election requirements for overseas balloting. The bill (S6604), sponsored by Senator Fred Akshar (52^nd Senate District), would designate the third Tuesday in August as the date to merge the current federal non-presidential primary held in June and the state primary held in September.

senate Bill S6873

2015-2016 Legislative Session

Authorizes the county of Suffolk to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee

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

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Jun 07, 2016	amended on third reading 6873a
Mar 28, 2016	advanced to third reading
Mar 23, 2016	2nd report cal.
Mar 22, 2016	1st report cal.403
Mar 02, 2016	referred to local government

Bill Amendments

Original (Active)

S6873 - Details

Law Section:: Parks
Versions Introduced in 2013-2014 Legislative Session:: A9657A, S7580A

S6873 - Summary

Authorizes the county of Suffolk to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland.

S6873 - Sponsor Memo

S6873 - Bill Text download pdf

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

                                  6873

                            I N  S E N A T E

                              March 2, 2016
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT authorizing the county of Suffolk to alienate certain parcels  of
  land  used as parkland and to acquire other parcels of land to replace
  such parkland

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

  Section  1.  Subject  to  the  provisions  of  this act, the county of
Suffolk, acting by and through its governing body, is hereby  authorized
to  discontinue  as  parklands  and alienate the lands more particularly
described in section three of this act, and  to  sell  and  convey  such
parklands  at fair market value and upon such other terms and conditions
as determined by the governing body of  Suffolk  County  to  the  Elwood
Public Library.
  S 2. The authorization contained in section one of this act shall take
effect  only upon the condition that the county of Suffolk shall acquire
and dedicate the lands of equal or greater fair market  value  described
in section four of this act as additional parklands of the county.
  S  3. The lands authorized by section one of this act to be discontin-
ued as parklands and conveyed to the Elwood Public  Library  consist  of
1.2 acres and are described as follows:
  BEGINNING  at  a point on the westerly side of Cuba Hill Road distant,
187.00 Feet southerly as measured along the westerly side of  Cuba  Hill
Road from the extreme southerly end of the arc of a curve which connects
the southerly side of Elbormar Drive with the westerly side of Cuba Hill
Road.
  RUNNING  THENCE  South 12 degrees 38 minutes 40 seconds East along the
westerly side of Cuba Hill Road, 6.90 Feet to a point;
  THENCE South 20 degrees 26 minutes 00 seconds East,  still  along  the
westerly  side  of Cuba Hill Road, 91.57 Feet to land now or formerly of
Sisters of St. Benedict;
  THENCE  the  following  two  (2)  courses  and  distances  along  last
mentioned land:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04615-04-6

S. 6873                             2

  1.  South  85  degrees  53  minutes  40 seconds West, 227.95 Feet to a
point;
  2.  South  86  degrees  16 minutes 00 seconds West, 329.76 Feet to the
southeast corner of Lot No. 9, as shown on a certain map entitled,  "Map
of Elbormar" and filed in the Suffolk County Clerk's Office on 5/16/1947
as Map No. 1543;
  THENCE  the  following  two (2) courses and distances along Lot No. 9,
No.  10 and No. 11 as shown on aforesaid map;
  1. North 6 degrees 45 minutes 40 seconds West, 101.66 Feet to a point;
  2. North 86 degrees 51 minutes 20 seconds East,  535.71  Feet  to  the
westerly side of Cuba Hill Road at the point or place of BEGINNING.
  S  4. The county of Suffolk, acting by and through its governing body,
shall dedicate the replacement lands, being of  equal  or  greater  fair
market value, for use as parkland for public park purposes consisting of
44.38 acres described as follows:
  All that certain plot, piece or parcel of land, with the buildings and
improvements  thereon  erected,  situate,  lying and being at Mt. Sinai,
Town of Brookhaven, County of Suffolk and State of New York  being  more
particularly bounded and described as follows:
  BEGINNING  at  a monument on the southerly side of Bayview Avenue (Old
Post Lane) where the same is intersected by the easterly line  of  lands
of  the  order of Poor Brethren of St. Francis, now known as the Society
of St. Francis, American Province, Inc. and the  westerly  side  of  the
premises herein described;
  RUNNING THENCE from said point and place of beginning along the south-
erly  side  of  Bayview  Avenue  (Old Post Lane) the following three (3)
courses and distances;
  1) North 74 degrees 51 minutes 00 seconds east  a  distance  of  98.00
feet;
  2)  South  72  degrees  07 minutes 10 seconds east a distance of 52.09
feet;
  3) South 28 degrees 48 minutes 00 seconds east  a  distance  of  35.87
feet to lands now or formerly of Salmon;
  THENCE  along land of Salmon, along land now or formerly of Takach and
lands now or formerly of Kowaleski the following four  (4)  courses  and
distances;
  1)  South  20  degrees 56 minutes 26 seconds west a distance of 300.41
feet;
  2) South 28 degrees 50 minutes 38 seconds east a  distance  of  446.83
feet;
  3)  South  42  degrees  53 minutes 14 seconds east a distance of 90.60
feet;
  4) North 42 degrees 40 minutes 00 seconds east  a  distance  of  36.05
feet to lands now or formerly of Brazier family 2009 irrevocable trust;
  THENCE  along said last mentioned land, along lands now or formerly of
Scaglione and lands now or formerly of Daddino the  following  five  (5)
courses and distances;
  1)  South  33  degrees  10 minutes 00 seconds east a distance of 64.30
feet;
  2) South 8 degrees 31 minutes 00 seconds  east  a  distance  of  68.50
feet;
  3)  South  12  degrees  13 minutes 00 seconds east a distance of 82.00
feet;
  4) South 22 degrees 53 minutes 00 seconds east a  distance  of  145.70
feet;

S. 6873                             3

  5)  South  31  degrees 00 minutes 00 seconds east a distance of 121.40
feet to lands now or formerly of Jean M. Caliguri living trust;
  THENCE  still  along  lands now or formerly of Jean M. Caliguri living
trust and lands now or formerly of Alfano,  lands  now  or  formerly  of
Varland,  lands  now  or  formerly  of Coleman, lands now or formerly of
Spero and lands now or formerly of Hecht, the following seven (7) cours-
es and distances;
  1) South 66 degrees 06 minutes 00 seconds west a  distance  of  135.00
feet;
  2)  South  66  degrees  16 minutes 00 seconds west a distance of 97.78
feet;
  3) South 61 degrees 33 minutes 00 seconds west a  distance  of  138.70
feet;
  4)  South  60  degrees 16 minutes 00 seconds west a distance of 131.65
feet;
  5) South 51 degrees 05 minutes 00 seconds west  a  distance  of  56.20
feet;
  6)  South  72  degrees 31 minutes 00 seconds west a distance of 168.20
feet;
  7) South 83 degrees 03 minutes 00 seconds west  a  distance  of  93.50
feet to a point;
  THENCE  still along lands now or formerly of Hecht and lands of others
the following eight (8)  courses  and  distances  to  a  point  and  the
northwesterly line of Shore Road west;
  1)  South  00  degrees 00 minutes 56 seconds east a distance of 356.36
feet;
  2) South 13 degrees 18 minutes 00 seconds west  a  distance  of  78.50
feet;
  3)  South  26  degrees  55 minutes 00 seconds west a distance of 44.57
feet;
  4) North 67 degrees 32 minutes 00 seconds west  a  distance  of  80.20
feet;
  5)  North  73  degrees  22 minutes 00 seconds west a distance of 88.30
feet;
  6) South 27 degrees 46 minutes 00 seconds east a  distance  of  209.30
feet;
  7)  South  58  degrees 49 minutes 00 seconds west a distance of 260.40
feet;
  8) South 19 degrees 32 minutes 00 seconds east a  distance  of  209.84
feet;
  THENCE  along  the  northwesterly  line  of  shore road west, south 46
degrees 10 minutes 00 seconds west a distance of 61.36 feet to  a  monu-
ment  and  lands  now or formerly of Herwerth; thence along lands now or
formerly of Herwerth the following three (3) courses and distances;
  1) North 65 degrees 12 minutes 00 seconds west a  distance  of  121.72
feet;
  2)  North  65  degrees 47 minutes 00 seconds west a distance of 136.10
feet;
  3) North 72 degrees 12 minutes 00 seconds west  a  distance  of  65.12
feet to lands know or formerly of Bruni;
  THENCE  along  lands  now  or formerly of Bruni and lands of other the
following four (4) courses and distances;
  1) North 66 degrees 22 minutes 00 seconds west a  distance  of  149.70
feet;
  2)  North  67  degrees 24 minutes 00 seconds west a distance of 131.45
feet;

S. 6873                             4

  3) North 65 degrees 33 minutes 00 seconds west a  distance  of  129.50
feet;
  4)  North  68  degrees 12 minutes 00 seconds west a distance of 178.40
feet to the easterly line of "map of Mt. Sinai Hills section  3",  filed
in the office of the Suffolk County Clerk as map no. 8071;
  THENCE  along  the  Easterly  line  of  said map the following six (6)
courses and distances;
  1) North 05 degrees 54 minutes 00 seconds west a  distance  of  100.00
feet;
  2)  North  07  degrees 29 minutes 00 seconds west a distance of 140.80
feet;
  3) North 05 degrees 55 minutes 00 seconds east  a  distance  of  29.20
feet;
  4)  North  21  degrees 03 minutes 00 seconds east a distance of 104.20
feet;
  5) North 20 degrees 19 minutes 00 seconds east a  distance  of  177.50
feet;
  6)  North  18  degrees 42 minutes 00 seconds east a distance of 236.80
feet to a monument and lands now or formerly of Society of St.  Francis,
American Province, Inc.;
  THENCE along lands now or formerly of Society of St. Francis, American
Province, Inc. the following sixteen (16) courses and distances;
  1) South 87 degrees 00 minutes 00 seconds east a  distance  of  199.90
feet;
  2)  South  82  degrees  38 minutes 00 seconds east a distance of 58.00
feet;
  3) South 87 degrees 32 minutes 00 seconds east a  distance  of  230.60
feet;
  4)  North  3  degrees  58 minutes 00 seconds west a distance of 104.30
feet;
  5) North 26 degrees 21 minutes 00 seconds east  a  distance  of  98.20
feet;
  6)  North  0  degrees  45 minutes 00 seconds east a distance of 127.90
feet;
  7) North 8 degrees 10 minutes 00 seconds east  a  distance  of  133.70
feet;
  8)  North  87  degrees 54 minutes 00 seconds east a distance of 110.00
feet;
  9) North 9 degrees 55 minutes 00 seconds east  a  distance  of  367.01
feet;
  10)  South  82  degrees 44 minutes 00 seconds east a distance of 12.00
feet;
  11) North 31 degrees 50 minutes 00 seconds east a  distance  of  35.00
feet;
  12)  North  59  degrees 55 minutes 00 seconds east a distance of 48.50
feet;
  13) South 89 degrees 30 minutes 00 seconds east a distance  of  112.20
feet;
  14)  North  20 degrees 08 minutes 00 seconds east a distance of 207.75
feet;
  15) North 36 degrees 57 minutes 00 seconds east a distance  of  348.00
feet;
  16)  North  13  degrees 55 minutes 00 seconds east a distance of 46.44
feet to the point and place of BEGINNING.
  S 5.  In the event that the parklands to be dedicated by the county of
Suffolk pursuant to this act are not equal to or greater than  the  fair

S. 6873                             5

market value of the parkland to be discontinued and conveyed, the county
of Suffolk shall dedicate the difference of the fair market value of the
lands  to be alienated and the lands to be dedicated for the acquisition
of additional parklands and/or for capital improvements to existing park
and recreational facilities.
  S  6.  In  the  event  that the county of Suffolk received any funding
support or assistance from the  federal  government  for  the  purchase,
maintenance  or  improvement of the parklands set forth in section three
of this act, the discontinuance and alienation of such parkland  author-
ized  by  the  provisions  of  section three of this act shall not occur
until the county of Suffolk has complied with any  federal  requirements
pertaining  to the alienation or conversion of such parklands, including
satisfying the secretary of the interior that the alienation or  conver-
sion  complies  with  all conditions which the secretary of the interior
deems necessary to assure the  substitution  of  other  lands  shall  be
equivalent in fair market value and usefulness to the lands being alien-
ated or converted.
  S 7. This act shall take effect immediately.

S6873A - Details

Law Section:: Parks
Versions Introduced in 2013-2014 Legislative Session:: A9657A, S7580A

S6873A - Summary

Authorizes the county of Suffolk to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland.

S6873A - Sponsor Memo

S6873A - Bill Text download pdf

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

                                 6873--A
    Cal. No. 403

                            I N  S E N A T E

                              March 2, 2016
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local  Government  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT authorizing the county of Suffolk to alienate certain parcels of
  land used as parkland and to acquire other parcels of land to  replace
  such parkland

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

  Section 1. Subject to the  provisions  of  this  act,  the  county  of
Suffolk,  acting by and through its governing body, is hereby authorized
to discontinue as parklands and alienate  the  lands  more  particularly
described  in  section  three  of  this act, and to sell and convey such
parklands at fair market value and upon such other terms and  conditions
as  determined  by  the  governing  body of Suffolk County to the Elwood
Public Library.
  S 2. The authorization contained in section one of this act shall take
effect only upon the condition that the county of Suffolk shall  acquire
and  dedicate  the  lands described in section four of this act as addi-
tional parklands of the county.
  S 3. The lands authorized by section one of this act to be  discontin-
ued  as  parklands  and conveyed to the Elwood Public Library consist of
1.2 acres and are described as follows:
  BEGINNING at a point on the westerly side of Cuba Hill  Road  distant,
187.00  Feet  southerly as measured along the westerly side of Cuba Hill
Road from the extreme southerly end of the arc of a curve which connects
the southerly side of Elbormar Drive with the westerly side of Cuba Hill
Road.
  RUNNING THENCE South 12 degrees 38 minutes 40 seconds East  along  the
westerly side of Cuba Hill Road, 6.90 Feet to a point;
  THENCE  South  20  degrees 26 minutes 00 seconds East, still along the
westerly side of Cuba Hill Road, 91.57 Feet to land now or  formerly  of
Sisters of St. Benedict;

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

                      [ ] is old law to be omitted.
                                                           LBD04615-06-6

S. 6873--A                          2

  THENCE  the  following  two  (2)  courses  and  distances  along  last
mentioned land:
  1.  South  85  degrees  53  minutes  40 seconds West, 227.95 Feet to a
point;
  2. South 86 degrees 16 minutes 00 seconds West,  329.76  Feet  to  the
southeast  corner of Lot No. 9, as shown on a certain map entitled, "Map
of Elbormar" and filed in the Suffolk County Clerk's Office on 5/16/1947
as Map No. 1543;
  THENCE the following two (2) courses and distances along  Lot  No.  9,
No.  10 and No. 11 as shown on aforesaid map;
  1. North 6 degrees 45 minutes 40 seconds West, 101.66 Feet to a point;
  2.  North  86  degrees  51 minutes 20 seconds East, 535.71 Feet to the
westerly side of Cuba Hill Road at the point or place of BEGINNING.
  S 4. The county of Suffolk, acting by and through its governing  body,
shall dedicate the replacement lands for use as parkland for public park
purposes consisting of 44.38 acres described as follows:
  All that certain plot, piece or parcel of land, with the buildings and
improvements  thereon  erected,  situate,  lying and being at Mt. Sinai,
Town of Brookhaven, County of Suffolk and State of New York  being  more
particularly bounded and described as follows:
  BEGINNING  at  a monument on the southerly side of Bayview Avenue (Old
Post Lane) where the same is intersected by the easterly line  of  lands
of  the  order of Poor Brethren of St. Francis, now known as the Society
of St. Francis, American Province, Inc. and the  westerly  side  of  the
premises herein described;
  RUNNING THENCE from said point and place of beginning along the south-
erly  side  of  Bayview  Avenue  (Old Post Lane) the following three (3)
courses and distances;
  1) North 74 degrees 51 minutes 00 seconds east  a  distance  of  98.00
feet;
  2)  South  72  degrees  07 minutes 10 seconds east a distance of 52.09
feet;
  3) South 28 degrees 48 minutes 00 seconds east  a  distance  of  35.87
feet to lands now or formerly of Salmon;
  THENCE  along land of Salmon, along land now or formerly of Takach and
lands now or formerly of Kowaleski the following four  (4)  courses  and
distances;
  1)  South  20  degrees 56 minutes 26 seconds west a distance of 300.41
feet;
  2) South 28 degrees 50 minutes 38 seconds east a  distance  of  446.83
feet;
  3)  South  42  degrees  53 minutes 14 seconds east a distance of 90.60
feet;
  4) North 42 degrees 40 minutes 00 seconds east  a  distance  of  36.05
feet to lands now or formerly of Brazier family 2009 irrevocable trust;
  THENCE  along said last mentioned land, along lands now or formerly of
Scaglione and lands now or formerly of Daddino the  following  five  (5)
courses and distances;
  1)  South  33  degrees  10 minutes 00 seconds east a distance of 64.30
feet;
  2) South 8 degrees 31 minutes 00 seconds  east  a  distance  of  68.50
feet;
  3)  South  12  degrees  13 minutes 00 seconds east a distance of 82.00
feet;
  4) South 22 degrees 53 minutes 00 seconds east a  distance  of  145.70
feet;

S. 6873--A                          3

  5)  South  31  degrees 00 minutes 00 seconds east a distance of 121.40
feet to lands now or formerly of Jean M. Caliguri living trust;
  THENCE  still  along  lands now or formerly of Jean M. Caliguri living
trust and lands now or formerly of Alfano,  lands  now  or  formerly  of
Varland,  lands  now  or  formerly  of Coleman, lands now or formerly of
Spero and lands now or formerly of Hecht, the following seven (7) cours-
es and distances;
  1) South 66 degrees 06 minutes 00 seconds west a  distance  of  135.00
feet;
  2)  South  66  degrees  16 minutes 00 seconds west a distance of 97.78
feet;
  3) South 61 degrees 33 minutes 00 seconds west a  distance  of  138.70
feet;
  4)  South  60  degrees 16 minutes 00 seconds west a distance of 131.65
feet;
  5) South 51 degrees 05 minutes 00 seconds west  a  distance  of  56.20
feet;
  6)  South  72  degrees 31 minutes 00 seconds west a distance of 168.20
feet;
  7) South 83 degrees 03 minutes 00 seconds west  a  distance  of  93.50
feet to a point;
  THENCE  still along lands now or formerly of Hecht and lands of others
the following eight (8)  courses  and  distances  to  a  point  and  the
northwesterly line of Shore Road west;
  1)  South  00  degrees 00 minutes 56 seconds east a distance of 356.36
feet;
  2) South 13 degrees 18 minutes 00 seconds west  a  distance  of  78.50
feet;
  3)  South  26  degrees  55 minutes 00 seconds west a distance of 44.57
feet;
  4) North 67 degrees 32 minutes 00 seconds west  a  distance  of  80.20
feet;
  5)  North  73  degrees  22 minutes 00 seconds west a distance of 88.30
feet;
  6) South 27 degrees 46 minutes 00 seconds east a  distance  of  209.30
feet;
  7)  South  58  degrees 49 minutes 00 seconds west a distance of 260.40
feet;
  8) South 19 degrees 32 minutes 00 seconds east a  distance  of  209.84
feet;
  THENCE  along  the  northwesterly  line  of  shore road west, south 46
degrees 10 minutes 00 seconds west a distance of 61.36 feet to  a  monu-
ment  and  lands  now or formerly of Herwerth; thence along lands now or
formerly of Herwerth the following three (3) courses and distances;
  1) North 65 degrees 12 minutes 00 seconds west a  distance  of  121.72
feet;
  2)  North  65  degrees 47 minutes 00 seconds west a distance of 136.10
feet;
  3) North 72 degrees 12 minutes 00 seconds west  a  distance  of  65.12
feet to lands know or formerly of Bruni;
  THENCE  along  lands  now  or formerly of Bruni and lands of other the
following four (4) courses and distances;
  1) North 66 degrees 22 minutes 00 seconds west a  distance  of  149.70
feet;
  2)  North  67  degrees 24 minutes 00 seconds west a distance of 131.45
feet;

S. 6873--A                          4

  3) North 65 degrees 33 minutes 00 seconds west a  distance  of  129.50
feet;
  4)  North  68  degrees 12 minutes 00 seconds west a distance of 178.40
feet to the easterly line of "map of Mt. Sinai Hills section  3",  filed
in the office of the Suffolk County Clerk as map no. 8071;
  THENCE  along  the  Easterly  line  of  said map the following six (6)
courses and distances;
  1) North 05 degrees 54 minutes 00 seconds west a  distance  of  100.00
feet;
  2)  North  07  degrees 29 minutes 00 seconds west a distance of 140.80
feet;
  3) North 05 degrees 55 minutes 00 seconds east  a  distance  of  29.20
feet;
  4)  North  21  degrees 03 minutes 00 seconds east a distance of 104.20
feet;
  5) North 20 degrees 19 minutes 00 seconds east a  distance  of  177.50
feet;
  6)  North  18  degrees 42 minutes 00 seconds east a distance of 236.80
feet to a monument and lands now or formerly of Society of St.  Francis,
American Province, Inc.;
  THENCE along lands now or formerly of Society of St. Francis, American
Province, Inc. the following sixteen (16) courses and distances;
  1) South 87 degrees 00 minutes 00 seconds east a  distance  of  199.90
feet;
  2)  South  82  degrees  38 minutes 00 seconds east a distance of 58.00
feet;
  3) South 87 degrees 32 minutes 00 seconds east a  distance  of  230.60
feet;
  4)  North  3  degrees  58 minutes 00 seconds west a distance of 104.30
feet;
  5) North 26 degrees 21 minutes 00 seconds east  a  distance  of  98.20
feet;
  6)  North  0  degrees  45 minutes 00 seconds east a distance of 127.90
feet;
  7) North 8 degrees 10 minutes 00 seconds east  a  distance  of  133.70
feet;
  8)  North  87  degrees 54 minutes 00 seconds east a distance of 110.00
feet;
  9) North 9 degrees 55 minutes 00 seconds east  a  distance  of  367.01
feet;
  10)  South  82  degrees 44 minutes 00 seconds east a distance of 12.00
feet;
  11) North 31 degrees 50 minutes 00 seconds east a  distance  of  35.00
feet;
  12)  North  59  degrees 55 minutes 00 seconds east a distance of 48.50
feet;
  13) South 89 degrees 30 minutes 00 seconds east a distance  of  112.20
feet;
  14)  North  20 degrees 08 minutes 00 seconds east a distance of 207.75
feet;
  15) North 36 degrees 57 minutes 00 seconds east a distance  of  348.00
feet;
  16)  North  13  degrees 55 minutes 00 seconds east a distance of 46.44
feet to the point and place of BEGINNING.
  S 5.  In the event that the parklands to be dedicated by the county of
Suffolk pursuant to this act are not equal to or greater than  the  fair

S. 6873--A                          5

market value of the parkland to be discontinued and conveyed, the county
of Suffolk shall dedicate the difference of the fair market value of the
lands  to be alienated and the lands to be dedicated for the acquisition
of additional parklands and/or for capital improvements to existing park
and recreational facilities.
  S  6.  In  the  event  that the county of Suffolk received any funding
support or assistance from the  federal  government  for  the  purchase,
maintenance  or  improvement of the parklands set forth in section three
of this act, the discontinuance and alienation of such parkland  author-
ized  by  the provisions of this act shall not occur until the county of
Suffolk has complied with any federal  requirements  pertaining  to  the
alienation  or  conversion  of  such parklands, including satisfying the
secretary of the interior that the  alienation  or  conversion  complies
with  all conditions which the secretary of the interior deems necessary
to assure the substitution of other lands shall be  equivalent  in  fair
market value and usefulness to the lands being alienated or converted.
  S 7. This act shall take effect immediately.

The New York State today passed legislation that creates one August primary date for state and Congressional races, saving taxpayers at least $25 million and bringing the state into compliance with federal election requirements for overseas balloting. The bill (S6604), sponsored by Senator Fred Akshar (R-C-I, Colesville), would designate the third Tuesday in August as the date to merge the current federal non-presidential primary held in June and the state primary held in September.

senate Bill S6872

Signed By Governor

2015-2016 Legislative Session

Authorizes the town of Greenburgh, specified villages therein, and the village of Sleepy Hollow in the town of Mount Pleasant to adopt a local law to impose a 3% hotel/motel occupancy tax

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A209 - Signed by Governor

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

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 31, 2016	approval memo.22 signed chap.504
Dec 20, 2016	delivered to governor
Jun 17, 2016	returned to assembly passed senate 3rd reading cal.1989 substituted for s6872
Jun 17, 2016	substituted by a209a ordered to third reading cal.1989 committee discharged and committed to rules
Mar 02, 2016	referred to investigations and government operations

S6872 - Details

See Assembly Version of this Bill:: A209A
Law Section:: Tax Law
Laws Affected:: Add §1202-dd, Tax L
Versions Introduced in Previous Legislative Sessions:: 2015-2016: A209A
2013-2014: A1234A, S5785
2011-2012: A8804

S6872 - Summary

Authorizes the town of Greenburgh, villages in the town of Greenburgh and the village of Sleepy Hollow in the town of Mount Pleasant to adopt a local law to impose a 3 percent hotel/motel occupancy tax.

S6872 - Sponsor Memo

 BILL NUMBER:  S6872

 TITLE OF BILL :  An act to amend the tax law, in relation to
authorizing the town of Greenburgh to adopt a local law to impose a
hotel/motel occupancy tax for hotels not located in a village;
authorizing specified villages in the towns of Greenburgh and Mount
Pleasant to adopt local laws to impose a hotel/motel occupancy tax in
such villages; and providing for the repeal of such provisions upon
expiration thereof

 PURPOSE OR GENERAL IDEA OF BILL :

To authorize the Town of Greenburgh (Westchester County) and certain
villages within the Town, and the village of Sleepy Hollow in the town
of Mount Pleasant in Westchester County to impose a hotel/motel
occupancy tax of up to three percent in order to gain revenue and
reduce dependence on already high real property taxes.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends the tax law to add a new Section 1202-dd
to:

(1) authorize the town of Greenburgh and the villages of Tarrytown,
Irvington, Ardsley, Elmsford, Dobbs Ferry, Hastings, and Sleepy Hollow
in the towns of Greenburgh and Mount Pleasant to adopt and amend local

laws imposing a tax on persons occupying any room in any hotel/motel
in each such jurisdiction;

(2) define the term hotel;

(3) set the maximum amount of such tax at 3%;

(4) set forth various miscellaneous provisions including: the method
for which such tax is to be collected and administered; that any tax
imposed shall be paid by the person liable therefore to the owner of
the hotel/motel; that such municipalities may determine the dates for
filing of returns and the payment of taxes; that certain entities are
exempted from such tax; provisions for a review for error, illegality
or unconstitutionality of any tax;

(5) provide that taxes collected shall be paid into the treasury of
the town of Greenburgh and the respective villages, credited to their
general funds, and allocated by the town board and the trustees of
each village.

Section 2 is the effective date.

 JUSTIFICATION :

Particularly during these difficult economic times, municipalities
need additional non-property tax sources of revenue to fund the basic
services to keep their communities safe and properly serviced. This
legislation will assist the town of Greenburgh and its villages and
the village of Sleepy Hollow in the town of Mount Pleasant to fund
necessary services.

 LEGISLATIVE HISTORY :

2015: A992/S4281 passed assembly and senate, vetoed by Governor veto
307;
2014: A1234-A passed assembly; same as S5785 referred to
investigations and government operations;
 2012: A8804 referred to ways and means

 FISCAL IMPLICATIONS :
None to the State

 EFFECTIVE DATE :
Effective immediately and the authorization for the town and villages
to impose the will expire on September 1, 2019.

S6872 - Bill Text download pdf

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

                                  6872

                            I N  S E N A T E

                              March 2, 2016
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and Government Operations

AN  ACT  to  amend  the  tax law, in relation to authorizing the town of
  Greenburgh to adopt a local law to impose a hotel/motel occupancy  tax
  for hotels not located in a village; authorizing specified villages in
  the  towns  of  Greenburgh  and  Mount Pleasant to adopt local laws to
  impose a hotel/motel occupancy tax in such villages; 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.  The tax law is amended by adding a new section 1202-dd to
read as follows:
  S 1202-DD. HOTEL OR MOTEL TAXES IN THE TOWN OF GREENBURGH  AND  SPECI-
FIED VILLAGES THEREIN AND IN THE VILLAGE OF SLEEPY HOLLOW.  (1) NOTWITH-
STANDING  ANY  OTHER  PROVISIONS  OF  LAW TO THE CONTRARY, THE FOLLOWING
MUNICIPALITIES ARE HEREBY AUTHORIZED AND EMPOWERED TO  ADOPT  AND  AMEND
LOCAL LAWS IMPOSING A TAX ON PERSONS OCCUPYING ROOMS IN HOTELS OR MOTELS
IN  SUCH TOWNS OR VILLAGES THEREIN, AS THE LEGISLATURE HAS OR WOULD HAVE
THE POWER AND AUTHORITY TO IMPOSE, IN ADDITION TO ANY OTHER TAX  AUTHOR-
IZED AND IMPOSED PURSUANT TO THIS ARTICLE:
  A.  THE  TOWN  OF GREENBURGH, WESTCHESTER COUNTY, IN THOSE PORTIONS OF
SUCH TOWN NOT LOCATED WITHIN A VILLAGE;
  B. THE VILLAGES OF  TARRYTOWN,  IRVINGTON,  ARDSLEY,  ELMSFORD,  DOBBS
FERRY, HASTINGS-ON-HUDSON SITUATE IN THE TOWN OF GREENBURGH; AND
  C. THE VILLAGE OF SLEEPY HOLLOW SITUATE IN THE TOWN OF MOUNT PLEASANT,
WESTCHESTER COUNTY.
  (2)  FOR  THE  PURPOSES OF THIS SECTION, THE TERM "HOTEL" SHALL MEAN A
BUILDING OR PORTION OF IT WHICH IS REGULARLY USED AND KEPT OPEN AS  SUCH
FOR THE LODGING OF GUESTS. THE TERM "HOTEL" INCLUDES AN APARTMENT HOTEL,
A MOTEL OR A BOARDING HOUSE, WHETHER OR NOT MEALS ARE SERVED.
  (3)  THE  RATE  OF  SUCH TAX SHALL NOT EXCEED THREE PERCENT OF THE PER
DIEM RENTAL RATE FOR EACH ROOM WHETHER SUCH ROOM IS RENTED ON A DAILY OR
LONGER BASIS.

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

                                                           LBD02745-04-6

S. 6872                             2

  (4) SUCH TAX MAY BE COLLECTED AND ADMINISTERED BY THE COMMISSIONER  OF
FINANCE  OR  OTHER  FISCAL  OFFICER  OF THE TOWN OF GREENBURGH OR OF ANY
SPECIFIED VILLAGE THEREIN OR OF THE VILLAGE OF SLEEPY HOLLOW SITUATE  IN
THE  TOWN  OF  MOUNT  PLEASANT, AS THE CASE MAY BE, BY SUCH MEANS AND IN
SUCH  MANNER  AS OTHER TAXES WHICH ARE NOW COLLECTED AND ADMINISTERED BY
SUCH OFFICERS IN ACCORDANCE WITH THE  TOWN  OR  VILLAGE  CHARTER  OR  AS
OTHERWISE MAY BE PROVIDED BY SUCH LOCAL LAW.
  (5)  SUCH LOCAL LAWS MAY PROVIDE THAT ANY TAX IMPOSED SHALL BE PAID BY
THE PERSON LIABLE THEREFOR TO THE OWNER OF THE HOTEL OR MOTEL ROOM OCCU-
PIED OR TO THE PERSON ENTITLED TO BE PAID THE RENT  OR  CHARGE  FOR  THE
HOTEL  OR  MOTEL  ROOM OCCUPIED FOR AND ON ACCOUNT OF THE TOWN OF GREEN-
BURGH OR OF ANY SPECIFIED VILLAGE THEREIN OR OF THE  VILLAGE  OF  SLEEPY
HOLLOW  SITUATE IN THE TOWN OF MOUNT PLEASANT IMPOSING THE TAX, AND THAT
SUCH OWNER OR PERSON ENTITLED TO BE PAID THE RENT  OR  CHARGE  SHALL  BE
LIABLE FOR THE COLLECTION AND PAYMENT OF THE TAX; AND THAT SUCH OWNER OR
PERSON  ENTITLED TO BE PAID THE RENT OR CHARGE SHALL HAVE THE SAME RIGHT
IN RESPECT TO COLLECTING THE TAX FROM THE PERSON OCCUPYING THE HOTEL  OR
MOTEL ROOM, OR IN RESPECT TO NONPAYMENT OF THE TAX BY THE PERSON OCCUPY-
ING  THE  HOTEL  OR MOTEL ROOM, AS IF THE TAX WERE A PART OF THE RENT OR
CHARGE AND PAYABLE AT THE SAME TIME AS THE  RENT  OR  CHARGE;  PROVIDED,
HOWEVER,  THAT  THE  COMMISSIONER OF FINANCE OR OTHER FISCAL OFFICERS OF
SUCH TOWNS OR VILLAGES, SPECIFIED IN SUCH LOCAL LAW, SHALL BE JOINED  AS
A  PARTY  IN  ANY ACTION OR PROCEEDING BROUGHT TO COLLECT THE TAX BY THE
OWNER OR BY THE PERSON ENTITLED TO BE PAID THE RENT OR CHARGE.
  (6) SUCH LOCAL LAWS MAY PROVIDE FOR THE  FILING  OF  RETURNS  AND  THE
PAYMENT  OF  THE TAX ON A MONTHLY BASIS OR ON THE BASIS OF ANY LONGER OR
SHORTER PERIOD OF TIME.
  (7) THIS SECTION SHALL NOT AUTHORIZE THE IMPOSITION OF SUCH  TAX  UPON
THE FOLLOWING:
  A. THE STATE OF NEW YORK OR ANY PUBLIC CORPORATION, INCLUDING A PUBLIC
CORPORATION  CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER STATE
OR THE DOMINION OF  CANADA,  IMPROVEMENT  DISTRICT  OR  OTHER  POLITICAL
SUBDIVISION OF THE STATE;
  B.  THE  UNITED  STATES OF AMERICA, INSOFAR AS IT IS IMMUNE FROM TAXA-
TION; AND
  C. ANY CORPORATION OR ASSOCIATION OR TRUST OR COMMUNITY CHEST, FUND OR
FOUNDATION ORGANIZED AND OPERATED EXCLUSIVELY FOR RELIGIOUS,  CHARITABLE
OR  EDUCATIONAL PURPOSES OR FOR THE PREVENTION OF CRUELTY TO CHILDREN OR
ANIMALS, AND NO PART OF THE NET EARNINGS OF WHICH INURES TO THE  BENEFIT
OF  ANY PRIVATE SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART OF THE
ACTIVITIES OF WHICH IS CARRYING ON PROPAGANDA, OR  OTHERWISE  ATTEMPTING
TO  INFLUENCE LEGISLATION; PROVIDED, HOWEVER, THAT NOTHING IN THIS PARA-
GRAPH SHALL INCLUDE AN ORGANIZATION OPERATED FOR THE PRIMARY PURPOSE  OF
CARRYING  ON  A  TRADE OR BUSINESS FOR PROFIT, WHETHER OR NOT ALL OF ITS
PROFITS ARE PAYABLE TO ONE OR MORE ORGANIZATIONS DESCRIBED IN THIS PARA-
GRAPH.
  (8) ANY FINAL DETERMINATION OF THE AMOUNT OF ANY TAX PAYABLE HEREUNDER
SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY OR  ANY
OTHER  REASON  WHATSOEVER BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS MADE TO  THE
SUPREME  COURT  WITHIN  THIRTY  DAYS  AFTER GIVING OF THE NOTICE OF SUCH
FINAL DETERMINATION, PROVIDED, HOWEVER, THAT ANY SUCH  PROCEEDING  UNDER
ARTICLE  SEVENTY-EIGHT  OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE
INSTITUTED UNLESS:
  A. THE AMOUNT OF ANY TAX SOUGHT TO BE REVIEWED, WITH SUCH INTEREST AND
PENALTIES THEREON AS MAY BE PROVIDED FOR  BY  LOCAL  LAW  OR  REGULATION

S. 6872                             3

SHALL  BE FIRST DEPOSITED AND THERE IS FILED AN UNDERTAKING, ISSUED BY A
SURETY COMPANY  AUTHORIZED  TO  TRANSACT  BUSINESS  IN  THIS  STATE  AND
APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES OF THIS STATE AS TO
SOLVENCY  AND RESPONSIBILITY, IN SUCH AMOUNT AS A JUSTICE OF THE SUPREME
COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH PROCEEDING  BE  DISMISSED
OR THE TAX CONFIRMED THE PETITIONER WILL PAY ALL COSTS AND CHARGES WHICH
MAY ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING; OR
  B.  AT  THE  OPTION OF THE PETITIONER SUCH UNDERTAKING MAY BE IN A SUM
SUFFICIENT TO COVER TAXES, INTEREST AND PENALTIES STATED IN SUCH  DETER-
MINATION  PLUS  THE COSTS AND CHARGES WHICH MAY ACCRUE AGAINST IT IN THE
PROSECUTION OF THE PROCEEDING, IN WHICH EVENT THE PETITIONER  SHALL  NOT
BE  REQUIRED  TO  PAY  SUCH  TAXES, INTEREST OR PENALTIES AS A CONDITION
PRECEDENT TO THE APPLICATION.
  (9) WHERE ANY TAX IMPOSED HEREUNDER SHALL HAVE BEEN ERRONEOUSLY, ILLE-
GALLY OR UNCONSTITUTIONALLY COLLECTED AND  APPLICATION  FOR  THE  REFUND
THEREOF  DULY  MADE  TO  THE PROPER FISCAL OFFICER OR OFFICERS, AND SUCH
OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION DENYING SUCH REFUND,
SUCH DETERMINATION SHALL BE REVIEWABLE BY  A  PROCEEDING  UNDER  ARTICLE
SEVENTY-EIGHT  OF  THE  CIVIL PRACTICE LAW AND RULES, PROVIDED, HOWEVER,
THAT SUCH PROCEEDING IS INSTITUTED WITHIN THIRTY DAYS AFTER  THE  GIVING
OF  THE NOTICE OF SUCH DENIAL, THAT A FINAL DETERMINATION OF TAX DUE WAS
NOT PREVIOUSLY MADE, AND THAT AN UNDERTAKING IS FILED  WITH  THE  PROPER
FISCAL  OFFICER  OR  OFFICERS IN SUCH AMOUNT AND WITH SUCH SURETIES AS A
JUSTICE OF THE SUPREME COURT SHALL APPROVE TO THE EFFECT  THAT  IF  SUCH
PROCEEDING  BE  DISMISSED  OR THE TAX CONFIRMED, THE PETITIONER WILL PAY
ALL COSTS AND CHARGES WHICH ACCRUE IN THE PROSECUTION OF  SUCH  PROCEED-
ING.
  (10) EXCEPT IN THE CASE OF A WILLFULLY FALSE OR FRAUDULENT RETURN WITH
INTENT  TO  EVADE THE TAX, NO ASSESSMENT OF ADDITIONAL TAX SHALL BE MADE
AFTER THE EXPIRATION OF MORE THAN THREE  YEARS  FROM  THE  DATE  OF  THE
FILING  OF  A  RETURN,  PROVIDED, HOWEVER, THAT WHERE NO RETURN HAS BEEN
FILED AS PROVIDED BY LAW THE TAX MAY BE ASSESSED AT ANY TIME.
  (11) REVENUES RESULTING FROM THE IMPOSITION OF TAX AUTHORIZED BY  THIS
SECTION  SHALL BE PAID INTO THE TREASURY OF THE TOWN OF GREENBURGH OR OF
THE SPECIFIED VILLAGE THEREIN OR OF THE VILLAGE OF SLEEPY HOLLOW SITUATE
IN THE TOWN OF MOUNT PLEASANT, AND SHALL BE CREDITED TO AND DEPOSITED IN
THE GENERAL FUND OF SUCH TOWN OR VILLAGE; AND MAY  THEREAFTER  BE  ALLO-
CATED  AT  THE  DISCRETION  OF  THE  BOARD OF LEGISLATORS OF THE TOWN OF
GREENBURGH OR OF THE SPECIFIED VILLAGE THEREIN  OR  OF  THE  VILLAGE  OF
SLEEPY  HOLLOW  SITUATE  IN  THE  TOWN OF MOUNT PLEASANT FOR ANY TOWN OR
VILLAGE PURPOSE.
  (12) IF ANY PROVISION OF THIS SECTION OR THE  APPLICATION  THEREOF  TO
ANY  PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS
SECTION AND THE APPLICATION  OF  SUCH  PROVISION  TO  OTHER  PERSONS  OR
CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
  (13) EACH ENACTMENT OF SUCH A LOCAL LAW MAY PROVIDE FOR THE IMPOSITION
OF  A HOTEL OR MOTEL TAX FOR A PERIOD OF TIME NO LONGER THAN THREE YEARS
FROM THE DATE OF ITS ENACTMENT. NOTHING IN THIS SECTION  SHALL  PROHIBIT
THE  ADOPTION AND ENACTMENT OF LOCAL LAWS, PURSUANT TO THE PROVISIONS OF
THIS SECTION, UPON THE EXPIRATION OF ANY OTHER LOCAL LAW ADOPTED  PURSU-
ANT TO THIS SECTION.
  S  2.  This act shall take effect immediately, and shall expire and be
deemed repealed September 1, 2019.

senate Bill S5877A

2015-2016 Legislative Session

Relates to the effect of failed propositions on voter approval for remaining propositions not collectively exceeding the tax levy limit

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Archive: Last Bill Status - In Senate Committee

Introduced
In Committee
On Floor Calendar
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2016	print number 5877a amend and recommit to education
Jan 06, 2016	referred to education
Jun 10, 2015	referred to rules

Bill Amendments

Original (Active)

Co-Sponsors

S5877 - Details

See Assembly Version of this Bill:: A8136A
Law Section:: Education Law
Laws Affected:: Amd §2023-a, Ed L
Versions Introduced in 2015-2016 Legislative Session:: A8136, S5877A

S5877 - Summary

Provides that in certain instances the school district budget will be approved if the majority of the votes cast are in the affirmative and if the budget, without the separate proposition or propositions, does not exceed the tax levy limit.

S5877 - Sponsor Memo

BILL NUMBER:S5877

TITLE OF BILL:

An act to amend the education law, in relation to the effect of failed
propositions on voter approval for remaining propositions not
collectively exceeding the tax levy limit

PURPOSE:

Relates to the effect of failed propositions on voter approval for
remaining propositions not collectively exceeding the tax levy limit.

SUMMARY OF PROVISIONS:

Amends Subdivision 9 of Section 2023-a of the Education Law to provide
that when a school budget proposition is below the tax levy limit, and
the ballot includes one or more separate propositions which, if
enacted with the budget proposition, would collectively require a tax
levy exceeding the limit, only those separate propositions which would
cause the limit to be exceeded would be subject to the 60%
supermajority requirement for approval.

JUSTIFICATION:

School district budget election ballots often include separate

spending propositions in addition to the school district budget
proposal. These additional, separate propositions can be added by the
school district or even by the voters themselves. The budget proposal
and the additional propositions are listed separately on the ballot
and voted on independently.

If any of these separate propositions would require additional
spending that exceeds the tax cap, then the Education Department
currently requires that all propositions on the ballot must obtain a
60% supermajority for approval, even if the other propositions would
not exceed the cap.

For example, in 2015 the Patchogue-Medford School District in Suffolk
County presented a 2015-16 school budget proposal below the tax cap.
However, a group of residents successfully added a separate
proposition to the ballot to increase bus service. Approval of the
proposition would have required an increase in the tax levy that would
have exceeded the tax cap. Therefore, the Education Department
required that both the budget proposal and the expanded transportation
proposition required a supermajority for approval. The voters approved
the budget proposal, but by less than a supermajority, while the
transportation proposition was defeated outright. The school district
must now hold a revote.

This is clearly a misinterpretation of the Legislature's intent. This
bill clarifies that if the school budget proposal is below the cap,
the supermajority requirement only applies to those additional
propositions which would cause the cap to be exceeded.

LEGISLATIVE HISTORY:


2015: New Legislation

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

Immediately.

S5877 - Bill Text download pdf

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

    S. 5877                                                  A. 8136

                       2015-2016 Regular Sessions

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

                              June 10, 2015
                               ___________

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

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

AN ACT to amend the education law, in relation to the effect  of  failed
  propositions  on voter approval for remaining propositions not collec-
  tively exceeding the tax levy limit

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

  Section  1.  Subdivision  9 of section 2023-a of the education law, as
added by section 2 of part A of chapter 97  of  the  laws  of  2011,  is
amended to read as follows:
  9.  Nothing  in  this section shall preclude the trustee, trustees, or
board of education of a  school  district,  in  their  discretion,  from
submitting  additional  items of expenditures to the voters for approval
as separate propositions or  the  voters  from  submitting  propositions
pursuant  to sections two thousand eight and two thousand thirty-five of
this part; provided however, except in the case of a proposition submit-
ted for any expenditure contained within subparagraphs (i) through  (iv)
of  paragraph  i of subdivision two of this section, if any proposition,
or propositions collectively that are subject to  a  vote  on  the  same
date,  would  require  an  expenditure of money that would require a tax
levy and would result in the tax  levy  limit  being  exceeded  for  the
corresponding  school  year  then  such proposition shall be approved if
sixty percent of the votes cast thereon are in the affirmative.  IN  THE
EVENT  THAT  SUCH PROPOSITION IS NOT APPROVED AND THE REMAINING PROPOSI-
TION OR PROPOSITIONS COLLECTIVELY WOULD NOT EXCEED THE  TAX  LEVY  LIMIT
FOR  THE CORRESPONDING SCHOOL YEAR, SUCH REMAINING PROPOSITION OR PROPO-
SITIONS SHALL BE DEEMED TO HAVE BEEN APPROVED IF FIFTY  PERCENT  OF  THE
VOTES CAST THEREON ARE IN THE AFFIRMATIVE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11373-01-5

S. 5877                             2                            A. 8136

  S  2. This act shall take effect immediately; provided that the amend-
ments to section 2023-a of the education law made by section one of this
act shall not affect the repeal of such  section  and  shall  be  deemed
repealed therewith.

Co-Sponsors

S5877A - Details

See Assembly Version of this Bill:: A8136A
Law Section:: Education Law
Laws Affected:: Amd §2023-a, Ed L
Versions Introduced in 2015-2016 Legislative Session:: A8136, S5877A

S5877A - Summary

S5877A - Sponsor Memo

 BILL NUMBER:  S5877A

 TITLE OF BILL :

An act to amend the education law, in relation to the effect of failed
propositions on voter approval for remaining propositions not
collectively exceeding the tax levy limit

 PURPOSE :

Relates to the effect of failed propositions on voter approval for
remaining propositions not collectively exceeding the tax levy limit.

 SUMMARY OF PROVISIONS :

Amends Subdivision 9 of Section 2023-a of the Education Law to provide
that when a school budget proposition is below the tax levy limit, and
the ballot includes one or more separate propositions which, if
enacted with the budget proposition, would collectively require a tax
levy exceeding the limit, only those separate propositions which would
cause the limit to be exceeded would be subject to the 60%
supermajority requirement for approval.

 JUSTIFICATION :

School district budget election ballots often include separate

spending propositions in addition to the school district budget
proposal. These additional, separate propositions can be added by the
school district or even by the voters themselves. The budget proposal
and the additional propositions are listed separately on the ballot
and voted on independently.

If any of these separate propositions would require additional
spending that exceeds the tax cap, then the Education Department
currently requires that all propositions on the ballot must obtain a
60% supermajority for approval, even if the other propositions would
not exceed the cap.

For example, in 2015 the Patchogue-Medford School District in Suffolk
County presented a 2015-16 school budget proposal below the tax cap.
However, a group of residents successfully added a separate
proposition to the ballot to increase bus service. Approval of the
proposition would have required an increase in the tax levy that would
have exceeded the tax cap. Therefore, the Education Department
required that both the budget proposal and the expanded transportation
proposition required a supermajority for approval. The voters approved
the budget proposal, but by less than a supermajority, while the
transportation proposition was defeated outright. The school district
must now hold a revote.

This is clearly a misinterpretation of the Legislature's intent. This
bill clarifies that if the school budget proposal is below the cap,
the supermajority requirement only applies to those additional
propositions which would cause the cap to be exceeded.

 LEGISLATIVE HISTORY :

2015: New Legislation

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
Immediately.

S5877A - Bill Text download pdf

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

    S. 5877--A                                            A. 8136--A

                       2015-2016 Regular Sessions

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

                              June 10, 2015
                               ___________

IN  SENATE -- Introduced by Sens. CROCI, BOYLE -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules --
  recommitted to the Committee on Education in  accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A.  THIELE,  MURRAY,  GARBARINO,  RA,
  LAVINE,  LUPINACCI, RAIA -- read once and referred to the Committee on
  Education -- recommitted to the Committee on Education  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to the effect  of  failed
  propositions  on voter approval for remaining propositions not collec-
  tively exceeding the tax levy limit

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

  Section  1.  Subdivision  9 of section 2023-a of the education law, as
added by section 2 of part A of chapter 97  of  the  laws  of  2011,  is
amended to read as follows:
  9.  Nothing  in  this section shall preclude the trustee, trustees, or
board of education of a  school  district,  in  their  discretion,  from
submitting  additional  items of expenditures to the voters for approval
as separate propositions or  the  voters  from  submitting  propositions
pursuant  to sections two thousand eight and two thousand thirty-five of
this part; provided however, except in the case of a proposition submit-
ted for any expenditure contained within subparagraphs (i) through  (iv)
of  paragraph  i of subdivision two of this section, if any proposition,
or propositions collectively that are subject to  a  vote  on  the  same
date,  would  require  an  expenditure of money that would require a tax
levy and would result in the tax  levy  limit  being  exceeded  for  the
corresponding  school  year  then  such proposition shall be approved if

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11373-02-6

S. 5877--A                          2                         A. 8136--A

sixty percent of the votes cast thereon are in the affirmative.  IN  THE
EVENT  THAT  THE  TRUSTEE,  TRUSTEES,  OR BOARD OF EDUCATION OF A SCHOOL
DISTRICT OR THE  VOTERS  SUBMIT  ADDITIONAL  ITEMS  OF  EXPENDITURE  FOR
APPROVAL  AS  A  SEPARATE  PROPOSITION OR PROPOSITIONS AND SUCH SEPARATE
PROPOSITION OR PROPOSITIONS COLLECTIVELY WITH THE BUDGET EXCEED THE  TAX
LEVY LIMIT, THE BUDGET SHALL BE APPROVED IF A MAJORITY OF THE VOTES CAST
THEREON  ARE  IN THE AFFIRMATIVE AND IF THE BUDGET, WITHOUT THE SEPARATE
PROPOSITION OR PROPOSITIONS, DOES NOT EXCEED THE TAX LEVY LIMIT.
  S 2. This act shall take effect immediately; provided that the  amend-
ments to section 2023-a of the education law made by section one of this
act  shall  not  affect  the  repeal of such section and shall be deemed
repealed therewith.

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senate Bill S6873

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senate Bill S6872

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senate Bill S5877A

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