| NY State Senate

Commemorating the 90th Anniversary of Trinity Baptist Church of Brooklyn, New York

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text

J3594

LEGISLATIVE RESOLUTION commemorating the 90th Anniversary of Trinity
Baptist Church of Brooklyn, New York

WHEREAS, Religious institutions, and the many spiritual, social and
educational benefits they confer, play a vital role in the development
of the moral fabric of a responsible citizenry; and
WHEREAS, It is the tradition of this State and this Nation to pay
tribute to those institutions and individuals who have contributed to
the ethical and spiritual values of their communities; and
WHEREAS, This Legislative Body takes pleasure in commemorating the
90th Anniversary of Trinity Baptist Church to be celebrated on Sunday,
May 15, 2016, with the Concord Baptist Church of Christ in Brooklyn, New
York; and
WHEREAS, With a distinguished history going back many generations,
Trinity Baptist Church has proudly served the spiritual needs of its
community since it was formed from the merger of Sumner Avenue Baptist
Church and Bedford Heights Baptist Church in April of 1922; and
WHEREAS, In October of 1922, Trinity Baptist Church held its first
annual meeting, and a decision was made to purchase property on 179 New
York Avenue; the cornerstone for this new edifice was officially laid on
December 18, 1926, and the church was dedicated in 1927; and
WHEREAS, During the 1950s, this esteemed religious institution
welcomed its first black members, and as the neighborhood's African
American and Caribbean populations increased, so did the proportion of
these ethnicities in the congregation; and
WHEREAS, Trinity Baptist Church named its first black Pastor in 1968,
the Reverend Richard Boddie; he was succeeded by the Reverend Osborne E.
Scott, who was appointed to the position in 1976, and served the congre-
gation for nearly 30 years; and
WHEREAS, In 2001, Trinity Baptist Church appointed its current Pastor,
the Reverend Dr. Glenmore Bembry Jr., who has continued to lead the
church into a positive and focused direction towards the future; and
WHEREAS, Throughout Reverend Dr. Glenmore Bembry Jr.'s illustrious
tenure, Trinity Baptist Church has experienced profound spiritual
growth, with a focus on evangelism and discipleship; it has also added a
diversified Music Ministry, Youth Ministry, Computer Learning Skills
Ministry, Health Ministry, HIV-AIDS education and many other ministries
for its community; and
WHEREAS, Today, Trinity Baptist Church's congregation is a cross
section of all ages, ethnicities and cultural backgrounds, fostering a
spirit of family stability, love and concern for one another; it is also
a member of the American Baptist Churches of Metropolitan New York and
Brooklyn Council of Churches; and
WHEREAS, Under the able leadership of Reverend Dr. Glenmore Bembry
Jr., Trinity Baptist Church stands on the threshold of tomorrow,
prepared to meet the challenges of the coming decades while retaining
that spiritual resolve which characterizes its past; and
WHEREAS, It is the custom of this Legislative Body to take note of
enduring religious institutions and to bring such institutions to the
attention of the people of this Empire State; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
commemorate the 90th Anniversary of Trinity Baptist Church of Brooklyn,
New York, fully confident that this commemoration reflects the belief in
those values which enhance the dignity and purpose of life; and be it
further

RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to the Reverend Dr. Glenmore Bembry Jr., Trinity Baptist Church
of Brooklyn, New York.

actions

29 / Jan / 2016
- REFERRED TO FINANCE
02 / Feb / 2016
- REPORTED TO CALENDAR FOR CONSIDERATION
02 / Feb / 2016
- ADOPTED

Resolution Details

Law Section:: Resolutions, Legislative

Sponsored By

Archive: Last Bill Status - Passed Senate

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

You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2016	referred to codes delivered to assembly passed senate
Mar 14, 2016	advanced to third reading
Mar 09, 2016	2nd report cal.
Mar 08, 2016	1st report cal.357
Jan 29, 2016	referred to codes

S6595 - Details

Law Section:: Criminal Procedure Law
Laws Affected:: Amd §170.15, CP L

S6595 - Summary

Relates to the removal of an action from a problem solving court; provides that a "problem solving court" shall include, but not be limited to, drug court, domestic violence court, youth court, mental health court and veterans court.

S6595 - Sponsor Memo

 BILL NUMBER:  S6595

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to a "problem solving court"

 PURPOSE :

To allow any county, outside of a city having a population of one
million or more, the ability to move an action pending in a local
criminal court to a court of special concern based upon the status of
the defendants or the victim, commonly known as a "problem solving
court."

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 4 of section 170.15 of the criminal
procedure law, to allow for an county outside of a city having a
population of one million or more the ability to move an action
pending in local criminal court to a court of special concern,
commonly known as a "problem solving court," including but not limited
to, drug court, domestic violence court, youth court, mental health
court, and veterans court.

Section 2 is the effective date.

 JUSTIFICATION :

In 1998, Rockland County obtained state permission, through
legislation enacting the original Criminal Procedure Law Section
170.15(3) and (4), to create the first official felony and misdemeanor
drug courts in New York State. Rockland Counties model was so
successful that this innovative solution was first expanded to Suffolk
and Tompkins Counties in 1999, and then virtually statewide in 2000.
The success of the drug court model cannot be overstated.

Since that time, our notion of justice has expanded to include the
concept that many victims and defendants need assistance due to their
special status. Courts addressing special victims, such as Integrated
Domestic Violence ("IDV") Courts serve a particular class of victims,
while Mental Health Courts and Veterans Courts serve those
populations. These courts, addressing issues particular to specific
types of offenders or victims, are called "problem solving" courts, a
term hardly known when Rockland started its drug court.

In addition, pilot programs have begun to address the differences
between young offenders and adult criminals. A number of counties have
established Adolescent Diversion Part ("ADP") Courts to better serve
young offenders. In Nassau County, the ADP Court has succeeded in
reducing time to disposition while simultaneously winnowing offenders
most likely to commit further offenses, all while directing scarce
services to those who need them the most. Many counties wish to
centralize ADP Courts to better serve this population. However,
counties outside New York City are stymied by a significant
jurisdictional issue: currently, only drug misdemeanors may be
transferred between Town and Village Justice Courts.

This legislation will expand the use of "problem solving" courts to
counties outside of cities with a population of one million or more.
More specifically, it will allow cases to be transferred from one Town
or Village Justice Court to another when the Office of Court
Administration has designated the transferee Court as a "problem
solving" court of any particular type. This will allow counties to
centralize similar cases to concentrate both law enforcement and
therapeutic services to specific populations beyond drug courts,
hopefully with similar success to the drug court model.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

S6595 - Bill Text download pdf

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

                                  6595

                            I N  S E N A T E

                            January 29, 2016
                               ___________

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

AN ACT to amend the criminal procedure law, in relation  to  a  "problem
  solving court"

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

  Section 1. Subdivision 4 of section 170.15 of the  criminal  procedure
law, as amended by chapter 67 of the laws of 2000, is amended to read as
follows:
  4.  Notwithstanding  any provision of this section to the contrary, in
any county outside a city having a population of one  million  or  more,
upon or after arraignment of a defendant on an information, a simplified
information, a prosecutor's information or a misdemeanor complaint pend-
ing  in  a  local  criminal  court,  such  court may, upon motion of the
defendant and with the consent of the district attorney, order that  the
action  be  removed  from  the  court  in which the matter is pending to
another local criminal court in the same county which  has  been  desig-
nated a [drug] court FORMED TO ADDRESS A MATTER OF SPECIAL CONCERN BASED
UPON  THE  STATUS  OF  THE  DEFENDANT OR THE VICTIM, COMMONLY KNOWN AS A
"PROBLEM SOLVING COURT," INCLUDING, BUT  NOT  LIMITED  TO,  DRUG  COURT,
DOMESTIC  VIOLENCE COURT, YOUTH COURT, MENTAL HEALTH COURT, AND VETERANS
COURT, by the chief administrator of the courts, and such [drug] PROBLEM
SOLVING court may then conduct such action to  [judgement]  JUDGMENT  or
other  final  disposition;  provided,  however, that an order of removal
issued under this subdivision shall not  take  effect  until  five  days
after the date the order is issued unless, prior to such effective date,
the  [drug]  PROBLEM  SOLVING  court  notifies the court that issued the
order that:
  (a) it will not accept the action, in which event the order shall  not
take effect, or
  (b)  it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13650-01-6

S. 6595                             2

  Upon providing notification pursuant to paragraph (a) or (b)  of  this
subdivision, the [drug] PROBLEM SOLVING court shall promptly give notice
to the defendant, his or her counsel and the district attorney.
  S 2. This act shall take effect immediately.

Memorializing Governor Andrew M. Cuomo to proclaim February 1-5, 2016, as School Counseling Week in the State of New York

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Sponsored By

Multi-Sponsors

text

K921

LEGISLATIVE RESOLUTION memorializing Governor Andrew M. Cuomo to
proclaim February 1-5, 2016, as School Counseling Week in the State of
New York, in conjunction with the observance of National School Coun-
seling Week

WHEREAS, School counselors and school counseling programs are a vital
and integral part of the educational process; and
WHEREAS, School counselors provide a broad array of services in public
and private schools throughout the State and Nation which benefit
students, parents, faculty, administrators and the community alike; and
WHEREAS, School counselors provide counseling, information, develop-
mental guidance, and educational and career planning; and
WHEREAS, School counselors are actively involved in helping students
explore their abilities, strengths, interests and talents; and
WHEREAS, School counselors help parents focus on ways to further the
educational, personal, and social growth of their children; and
WHEREAS, School counselors work with teachers and other educators to
help students explore their potential and set realistic goals for them-
selves, on dropout prevention, and on conflict resolution programs; and
WHEREAS, School counselors help students develop or improve their
study habits and decision-making and leadership skills; and
WHEREAS, School counselors identify and work with community resources
which can enhance and complement comprehensive school counseling
programs and help students become productive members of society; and
WHEREAS, School counselors help students solve problems, deal with
conflict and, sometimes, make themselves available just to listen; the
value of their ongoing contributions following local and national tragic
events exemplifies the important role they play in today's schools; and
WHEREAS, New York's School Counseling Week, held in conjunction with
the observance of National School Counseling Week, sponsored by the
American School Counselor Association, provides an opportunity to
increase awareness of school counseling programs and services, to note
the significant role school counselors play in our schools and in the
lives of our children, and to recognize and commend the dedication and
unique contribution of professional school counselors; now, therefore,
be it
RESOLVED, That this Legislative Body pause in its deliberations to
memorialize Governor Andrew M. Cuomo to proclaim February 1-5, 2016, as
School Counseling Week in the State of New York; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to The Honorable Andrew M. Cuomo, Governor of the State of New
York, and to the New York State School Counselor Association.

actions

29 / Jan / 2016
- REFERRED TO CALENDAR
01 / Feb / 2016
- ADOPTED

Resolution Details

Law Section:: Resolutions, Legislative

assembly Bill A8199A

2015-2016 Legislative Session

Directs the commissioner of education to establish and implement a museum education grant program

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

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

You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2016	reported referred to ways and means
May 24, 2016	print number 8199d amend and recommit to tourism, parks, arts and sports development
May 17, 2016	print number 8199c amend (t) and recommit to tourism, parks, arts and sports development
Feb 25, 2016	print number 8199b amend (t) and recommit to tourism, parks, arts and sports development
Jan 29, 2016	print number 8199a amend and recommit to tourism, parks, arts and sports development
Jan 06, 2016	referred to tourism, parks, arts and sports development
Jun 11, 2015	referred to tourism, parks, arts and sports development

Bill Amendments

A8199

A8199A

A8199B

A8199C

A8199D

A8199

A8199A

A8199B

A8199C

A8199D

Co-Sponsors

Multi-Sponsors

A8199 - Details

Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Add §61.15, Arts & Cul L
Versions Introduced in 2015-2016 Legislative Session:: S5001, S5001C

A8199 - Summary

Directs the commissioner of education to establish and implement a museum education grant program to provide state aid to museums, historical societies, nature centers, zoos, botanical gardens, arboretums, aquariums and cultural organizations to establish education programs for elementary and secondary school students, and for those participating in continuing education in low-income urban, suburban or rural communities.

A8199 - Bill Text download pdf

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

                                  8199

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Tourism, Parks, Arts and Sports Development

AN  ACT  to  amend  the  arts  and  cultural affairs law, in relation to
  providing educational services aid  to  eligible  museums,  historical
  societies  and other cultural institutions for the provision of curri-
  culum-based educational programs for students and teachers  in  grades
  pre-kindergarten  through  twelve  and  adults  enrolled in continuing
  education programs

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

  Section  1. Statement of legislative findings and intent. The legisla-
ture finds and declares that the state of  New  York  has  the  greatest
museums,  historical  societies,  zoos, botanical gardens, aquariums and
cultural arts institutions in the United States, and that  these  organ-
izations are major tourism and economic drivers with a wealth of ways to
engage  children and adults and instill in them a lasting love of learn-
ing.
  The legislature finds and declares that museums, historical societies,
zoos,  botanical  gardens,  aquariums  and  cultural  arts  institutions
attract  millions  of  visitors  each year and provide vitally important
instructional services to the schoolchildren of  this  state,  and  that
children,  in grades pre-kindergarten through twelve and adults enrolled
in continuing education programs should have broad and equal  access  to
such services.
  The  legislature  finds that over 1,300 museums, historical societies,
zoos, botanical gardens, aquariums and  cultural  arts  institutions  in
this  state  now  provide  instruction to over six million children, and
that these institutions now receive no direct state support to initiate,
expand and enhance these educational services through access  to  museum
collections, scholarship and virtual learning.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10697-01-5

A. 8199                             2

  The legislature finds that museums, historical societies, zoos, botan-
ical gardens, aquariums and cultural arts institutions, in collaboration
with  teachers  and  schools,  must  design  new  and  innovative museum
programs to address  such  pressing  issues  as  science,  anthropology,
history and arts literacy, and under-resourced schools.
  It  is  the intent of the legislature that the state provide financial
assistance to museums, zoos,  botanical  gardens,  aquariums  and  other
cultural institutions so that these major tourist attractions can extend
their  uniquely valuable educational resources to the children and life-
long learners of the state.
  S 2. Short title. This act shall be known and  may  be  cited  as  the
"museum education act".
  S  3.  The  arts  and  cultural affairs law is amended by adding a new
section 61.15 to read as follows:
  S 61.15. EDUCATION GRANTS FOR MUSEUMS. 1. THE COMMISSIONER  OF  EDUCA-
TION  SHALL  DEVELOP  AND  IMPLEMENT,  WITH  CONSULTATION AND INPUT FROM
REPRESENTATIVES FROM THE MUSEUM AND CULTURAL  INSTITUTION  COMMUNITY,  A
MUSEUM  EDUCATION  GRANT  PROGRAM,  AND  SHALL AWARD, WITHIN THE AMOUNTS
APPROPRIATED FROM THE GENERAL FUND FOR SUCH PURPOSE, COMPETITIVE  GRANTS
IN  ACCORDANCE  WITH  THIS  SECTION  FOR THE PURPOSES OF ESTABLISHING OR
IMPROVING MUSEUM EDUCATION  PROGRAMS  IN  MUSEUMS  DESIGNED  TO  IMPROVE
STUDENT  PERFORMANCE  IN  PUBLIC  AND  NONPUBLIC  ELEMENTARY, MIDDLE AND
SECONDARY  SCHOOLS.  SUCH  GRANTS  SHALL  BE  EXPENDED  TO  SUPPORT  THE
PRODUCTION  OF  CURRICULA,  ACQUISITION  OF  SPECIALIZED  EDUCATIONAL OR
INTERPRETIVE SKILLS, ACQUISITION AND IMPLEMENTATION OF  TECHNOLOGY,  AND
PREPARATION  OF  SPECIALIZED  EXHIBITION  OR  PUBLIC  PROGRAMS  THAT ARE
TAILORED TO ELEMENTARY, MIDDLE AND SECONDARY SCHOOL STUDENTS; THE DEVEL-
OPMENT AND DELIVERY  OF  CONTINUING  EDUCATION  PROGRAMS,  PROVISION  OF
STUDENT  TRANSPORTATION; AND OTHER PROGRAMS THAT SUPPORT THE DEVELOPMENT
AND DELIVERY OF CURRICULUM-BASED PROGRAMS IN MUSEUMS WITH COLLECTIONS.
  2. AS USED IN THIS SECTION, "ELIGIBLE INSTITUTION" SHALL MEAN:  (A)  A
NONPROFIT  INSTITUTION  CHARTERED  BY THE BOARD OF REGENTS, OR OTHERWISE
INCORPORATED AS A MUSEUM, HISTORICAL SOCIETY, NATURE CENTER, ZOO, BOTAN-
IC GARDEN, ARBORETUM, OR AQUARIUM, OR A PRIVATELY OR  MUNICIPALLY  OPER-
ATED INSTITUTION THAT MEETS THE APPLICABLE REGISTRATION STANDARDS ESTAB-
LISHED  BY THE BOARD OF REGENTS FOR MUSEUMS OR HISTORICAL SOCIETIES WITH
COLLECTIONS; OR
  (B) A PRIVATE NOT-FOR-PROFIT COMMUNITY BASED  ORGANIZATION,  INCLUDING
AN  INCORPORATED INSTITUTION THE SOLE OR PRIMARY PURPOSE OF WHICH IS THE
SUPPORT OF MUSEUMS, HISTORIC SITES OR HISTORICAL SOCIETIES; EXCEPT  THAT
INSTITUTIONS  OPERATED BY STATE OR FEDERAL GOVERNMENT AGENCIES SHALL NOT
BE CONSIDERED ELIGIBLE UNDER THIS SECTION.
  3. THE GOVERNING BODY OR OFFICER OF AN ELIGIBLE INSTITUTION REQUESTING
A GRANT PURSUANT TO THIS SECTION SHALL SUBMIT  AN  APPLICATION  AT  SUCH
TIME,  IN SUCH FORM AND CONTAINING SUCH INFORMATION, AS THE COMMISSIONER
OF EDUCATION MAY REQUIRE. SUCH COMMISSIONER SHALL ESTABLISH THE CRITERIA
AND STANDARDS BY WHICH APPLICATIONS FOR GRANTS TO BE AWARDED PURSUANT TO
THIS SECTION WILL BE EVALUATED AND GRANTS MADE TO ELIGIBLE INSTITUTIONS.
THE COMMISSIONER OF EDUCATION IS AUTHORIZED  TO  PROMULGATE  REGULATIONS
FOR  THE  DEVELOPMENT  AND SUBMISSION OF APPLICATIONS FOR COOPERATIVE OR
COLLABORATIVE GRANTS, PROVIDED THAT A SINGLE INSTITUTION SERVES  AS  THE
APPLICANT FOR SUCH A GRANT AND FOR MULTI-YEAR GRANTS.
  4.  THE  COMMISSIONER OF EDUCATION SHALL AWARD GRANTS IN AN AMOUNT NOT
TO EXCEED THE ALLOWABLE COSTS OF THE ELIGIBLE INSTITUTION AS  DETERMINED
BY  SUCH  COMMISSIONER,  PROVIDED  THAT  THE  ALLOWABLE COSTS FOR MUSEUM
EDUCATION GRANTS SHALL NOT EXCEED FIVE HUNDRED THOUSAND DOLLARS PER YEAR

A. 8199                             3

FOR A MAXIMUM OF THREE YEARS. ALLOWABLE COSTS SHALL  INCLUDE,  BUT  NEED
NOT  BE LIMITED TO, THE REASONABLE COST OF SALARIES AND FRINGE BENEFITS,
MATERIALS AND EQUIPMENT. THE COMMISSIONER OF EDUCATION SHALL ALLOCATE  A
MINIMUM  OF  TWENTY-FIVE  PERCENT  OF  THE  AMOUNT APPROPRIATED FOR SUCH
GRANTS TO AWARD TO INSTITUTIONS WITH AN OPERATING BUDGET OF BETWEEN  TEN
THOUSAND  DOLLARS  AND  ONE HUNDRED FIFTY THOUSAND DOLLARS PER YEAR. THE
COMMISSIONER OF  EDUCATION  SHALL  ALLOCATE  A  MINIMUM  OF  TWENTY-FIVE
PERCENT  OF  THE  AMOUNT APPROPRIATED FOR SUCH GRANTS TO AWARD TO INSTI-
TUTIONS WITH AN OPERATING BUDGET OF BETWEEN ONE HUNDRED FIFTY-ONE  THOU-
SAND DOLLARS AND FIVE HUNDRED THOUSAND DOLLARS PER YEAR. THE COMMISSION-
ER  OF  EDUCATION  WILL ALLOCATE A MINIMUM OF TWENTY-FIVE PERCENT OF THE
AMOUNT APPROPRIATED FOR SUCH GRANTS TO AWARD  TO  INSTITUTIONS  WITH  AN
OPERATING  BUDGET  OF  BETWEEN FIVE HUNDRED THOUSAND ONE DOLLARS AND ONE
MILLION DOLLARS PER YEAR. THE COMMISSIONER OF EDUCATION SHALL ALLOCATE A
MINIMUM OF TWENTY-FIVE PERCENT  OF  THE  AMOUNT  APPROPRIATED  FOR  SUCH
GRANTS  TO  AWARD  TO INSTITUTIONS WITH AN OPERATING BUDGET IN EXCESS OF
ONE MILLION DOLLARS PER YEAR.
  5. ON OR BEFORE MARCH FIFTEENTH, TWO  THOUSAND  SEVENTEEN  AND  ON  OR
BEFORE  MARCH  FIRST OF EACH YEAR THEREAFTER, THE COMMISSIONER OF EDUCA-
TION SHALL SUBMIT TO THE CHAIRS OF THE SENATE FINANCE AND  THE  ASSEMBLY
WAYS  AND  MEANS  COMMITTEES,  AND  THE DIRECTOR OF THE BUDGET, A REPORT
DETAILING THE IMPLEMENTATION OF THE  PROVISIONS  OF  THIS  SECTION,  THE
EXTENT  OF  PARTICIPATION  BY ELIGIBLE INSTITUTIONS, THE RELATIONSHIP OF
THE PROGRAMS PROVIDED TO SCHOOL CURRICULA, AND THE GEOGRAPHIC DISPERSION
OF FUNDS AND PARTICIPATING INSTITUTIONS.
  S 4. This act shall take effect one year after it shall have become  a
law.

Co-Sponsors

Multi-Sponsors

A8199A - Details

Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Add §61.15, Arts & Cul L
Versions Introduced in 2015-2016 Legislative Session:: S5001, S5001C

A8199A - Summary

A8199A - Bill Text download pdf

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

                                 8199--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced  by M. of A. TITONE, LUPARDO, THIELE, SCHIMMINGER, CERETTO --
  Multi-Sponsored by -- M. of A. HAWLEY, MAGEE -- read once and referred
  to the Committee on Tourism, Parks, Arts  and  Sports  Development  --
  recommitted to the Committee on Tourism, Parks, Arts and Sports Devel-
  opment  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 arts  and  cultural  affairs  law,  in  relation  to
  providing  educational  services  aid  to eligible museums, historical
  societies and other cultural institutions for the provision of  curri-
  culum-based  educational  programs for students and teachers in grades
  pre-kindergarten through twelve  and  adults  enrolled  in  continuing
  education programs

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

  Section 1. Statement of legislative findings and intent. The  legisla-
ture  finds  and  declares  that  the state of New York has the greatest
museums, historical societies, zoos, botanical  gardens,  aquariums  and
cultural  arts  institutions in the United States, and that these organ-
izations are major tourism and economic drivers with a wealth of ways to
engage children and adults and instill in them a lasting love of  learn-
ing.
  The legislature finds and declares that museums, historical societies,
zoos,  botanical  gardens,  aquariums  and  cultural  arts  institutions
attract millions of visitors each year  and  provide  vitally  important
instructional  services  to  the  schoolchildren of this state, and that
children, in grades pre-kindergarten through twelve and adults  enrolled
in  continuing  education programs should have broad and equal access to
such services.
  The legislature finds that over 1,300 museums,  historical  societies,
zoos,  botanical  gardens,  aquariums  and cultural arts institutions in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10697-03-6

A. 8199--A                          2

this state now provide instruction to over  six  million  children,  and
that these institutions now receive no direct state support to initiate,
expand  and  enhance these educational services through access to museum
collections, scholarship and virtual learning.
  The legislature finds that museums, historical societies, zoos, botan-
ical gardens, aquariums and cultural arts institutions, in collaboration
with  teachers  and  schools,  must  design  new  and  innovative museum
programs to address  such  pressing  issues  as  science,  anthropology,
history and arts literacy, and under-resourced schools.
  It  is  the intent of the legislature that the state provide financial
assistance to museums, zoos,  botanical  gardens,  aquariums  and  other
cultural institutions so that these major tourist attractions can extend
their  uniquely valuable educational resources to the children and life-
long learners of the state.
  S 2. Short title. This act shall be known and  may  be  cited  as  the
"museum education act".
  S  3.  The  arts  and  cultural affairs law is amended by adding a new
section 61.15 to read as follows:
  S 61.15. EDUCATION GRANTS FOR MUSEUMS. 1. THE COMMISSIONER  OF  EDUCA-
TION  SHALL  DEVELOP  AND  IMPLEMENT,  WITH  CONSULTATION AND INPUT FROM
REPRESENTATIVES FROM THE MUSEUM AND CULTURAL  INSTITUTION  COMMUNITY,  A
MUSEUM  EDUCATION  GRANT  PROGRAM,  AND  SHALL AWARD, WITHIN THE AMOUNTS
APPROPRIATED FROM THE GENERAL FUND FOR SUCH PURPOSE, COMPETITIVE  GRANTS
IN  ACCORDANCE  WITH  THIS  SECTION  FOR THE PURPOSES OF ESTABLISHING OR
IMPROVING MUSEUM EDUCATION  PROGRAMS  IN  MUSEUMS  DESIGNED  TO  IMPROVE
STUDENT  PERFORMANCE  IN  PUBLIC  AND  NONPUBLIC  ELEMENTARY, MIDDLE AND
SECONDARY  SCHOOLS.  SUCH  GRANTS  SHALL  BE  EXPENDED  TO  SUPPORT  THE
PRODUCTION  OF  CURRICULA,  ACQUISITION  OF  SPECIALIZED  EDUCATIONAL OR
INTERPRETIVE SKILLS, ACQUISITION AND IMPLEMENTATION OF  TECHNOLOGY,  AND
PREPARATION  OF  SPECIALIZED  EXHIBITION  OR  PUBLIC  PROGRAMS  THAT ARE
TAILORED TO ELEMENTARY, MIDDLE AND SECONDARY SCHOOL STUDENTS; THE DEVEL-
OPMENT AND DELIVERY  OF  CONTINUING  EDUCATION  PROGRAMS,  PROVISION  OF
STUDENT  TRANSPORTATION; AND OTHER PROGRAMS THAT SUPPORT THE DEVELOPMENT
AND DELIVERY OF CURRICULUM-BASED PROGRAMS IN MUSEUMS WITH COLLECTIONS.
  2. AS USED IN THIS SECTION, "ELIGIBLE INSTITUTION" SHALL MEAN:  (A)  A
NONPROFIT  INSTITUTION  CHARTERED  BY THE BOARD OF REGENTS, OR OTHERWISE
INCORPORATED AS A MUSEUM, HISTORICAL SOCIETY, NATURE CENTER, ZOO, BOTAN-
IC GARDEN, ARBORETUM, OR AQUARIUM, OR A PRIVATELY OR  MUNICIPALLY  OPER-
ATED INSTITUTION THAT MEETS THE APPLICABLE REGISTRATION STANDARDS ESTAB-
LISHED  BY THE BOARD OF REGENTS FOR MUSEUMS OR HISTORICAL SOCIETIES WITH
COLLECTIONS; OR
  (B) A PRIVATE NOT-FOR-PROFIT COMMUNITY BASED  ORGANIZATION,  INCLUDING
AN  INCORPORATED INSTITUTION THE SOLE OR PRIMARY PURPOSE OF WHICH IS THE
SUPPORT OF MUSEUMS, HISTORIC SITES OR HISTORICAL SOCIETIES; EXCEPT  THAT
INSTITUTIONS  OPERATED BY STATE OR FEDERAL GOVERNMENT AGENCIES SHALL NOT
BE CONSIDERED ELIGIBLE UNDER THIS SECTION.
  3. THE GOVERNING BODY OR OFFICER OF AN ELIGIBLE INSTITUTION REQUESTING
A GRANT PURSUANT TO THIS SECTION SHALL SUBMIT  AN  APPLICATION  AT  SUCH
TIME,  IN SUCH FORM AND CONTAINING SUCH INFORMATION, AS THE COMMISSIONER
OF EDUCATION MAY REQUIRE. SUCH COMMISSIONER SHALL ESTABLISH THE CRITERIA
AND STANDARDS BY WHICH APPLICATIONS FOR GRANTS TO BE AWARDED PURSUANT TO
THIS SECTION WILL BE EVALUATED AND GRANTS MADE TO ELIGIBLE INSTITUTIONS.
THE COMMISSIONER OF EDUCATION IS AUTHORIZED  TO  PROMULGATE  REGULATIONS
FOR  THE  DEVELOPMENT  AND SUBMISSION OF APPLICATIONS FOR COOPERATIVE OR
COLLABORATIVE GRANTS, PROVIDED THAT A SINGLE INSTITUTION SERVES  AS  THE
APPLICANT FOR SUCH A GRANT AND FOR MULTI-YEAR GRANTS.

A. 8199--A                          3

  4.  THE  COMMISSIONER OF EDUCATION SHALL AWARD GRANTS IN AN AMOUNT NOT
TO EXCEED THE ALLOWABLE COSTS OF THE ELIGIBLE INSTITUTION AS  DETERMINED
BY  SUCH  COMMISSIONER,  PROVIDED  THAT  THE  ALLOWABLE COSTS FOR MUSEUM
EDUCATION GRANTS SHALL NOT EXCEED FIVE HUNDRED THOUSAND DOLLARS PER YEAR
FOR  A  MAXIMUM  OF THREE YEARS. ALLOWABLE COSTS SHALL INCLUDE, BUT NEED
NOT BE LIMITED TO, THE REASONABLE COST OF SALARIES AND FRINGE  BENEFITS,
MATERIALS  AND EQUIPMENT. THE COMMISSIONER OF EDUCATION SHALL ALLOCATE A
MINIMUM OF TWENTY-FIVE PERCENT  OF  THE  AMOUNT  APPROPRIATED  FOR  SUCH
GRANTS  TO AWARD TO INSTITUTIONS WITH AN OPERATING BUDGET OF BETWEEN TEN
THOUSAND DOLLARS AND ONE HUNDRED FIFTY THOUSAND DOLLARS  PER  YEAR.  THE
COMMISSIONER  OF  EDUCATION  SHALL  ALLOCATE  A  MINIMUM  OF TWENTY-FIVE
PERCENT OF THE AMOUNT APPROPRIATED FOR SUCH GRANTS TO  AWARD  TO  INSTI-
TUTIONS  WITH AN OPERATING BUDGET OF BETWEEN ONE HUNDRED FIFTY-ONE THOU-
SAND DOLLARS AND FIVE HUNDRED THOUSAND DOLLARS PER YEAR. THE COMMISSION-
ER OF EDUCATION WILL ALLOCATE A MINIMUM OF TWENTY-FIVE  PERCENT  OF  THE
AMOUNT  APPROPRIATED  FOR  SUCH  GRANTS TO AWARD TO INSTITUTIONS WITH AN
OPERATING BUDGET OF BETWEEN FIVE HUNDRED THOUSAND ONE  DOLLARS  AND  ONE
MILLION DOLLARS PER YEAR. THE COMMISSIONER OF EDUCATION SHALL ALLOCATE A
MINIMUM  OF  TWENTY-FIVE  PERCENT  OF  THE  AMOUNT APPROPRIATED FOR SUCH
GRANTS TO AWARD TO INSTITUTIONS WITH AN OPERATING BUDGET  IN  EXCESS  OF
ONE MILLION DOLLARS PER YEAR.
  5.  ON  OR  BEFORE  MARCH  FIFTEENTH,  TWO THOUSAND EIGHTEEN AND ON OR
BEFORE MARCH FIRST OF EACH YEAR THEREAFTER, THE COMMISSIONER  OF  EDUCA-
TION  SHALL  SUBMIT TO THE CHAIRS OF THE SENATE FINANCE AND THE ASSEMBLY
WAYS AND MEANS COMMITTEES, AND THE DIRECTOR  OF  THE  BUDGET,  A  REPORT
DETAILING  THE  IMPLEMENTATION  OF  THE  PROVISIONS OF THIS SECTION, THE
EXTENT OF PARTICIPATION BY ELIGIBLE INSTITUTIONS,  THE  RELATIONSHIP  OF
THE PROGRAMS PROVIDED TO SCHOOL CURRICULA, AND THE GEOGRAPHIC DISPERSION
OF FUNDS AND PARTICIPATING INSTITUTIONS.
  S  4. This act shall take effect one year after it shall have become a
law.

Co-Sponsors

Multi-Sponsors

A8199B - Details

Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Add §61.15, Arts & Cul L
Versions Introduced in 2015-2016 Legislative Session:: S5001, S5001C

A8199B - Summary

A8199B - Bill Text download pdf

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

                                 8199--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced  by  M.  of A. TITONE, LUPARDO, THIELE, SCHIMMINGER, CERETTO,
  ENGLEBRIGHT, FAHY -- Multi-Sponsored by -- M. of A. HAWLEY,  MAGEE  --
  read  once  and  referred to the Committee on Tourism, Parks, Arts and
  Sports Development -- recommitted to the Committee on Tourism,  Parks,
  Arts and Sports Development in accordance with Assembly Rule 3, sec. 2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- again reported from said  commit-
  tee  with  amendments, ordered reprinted as amended and recommitted to
  said committee

AN ACT to amend the arts  and  cultural  affairs  law,  in  relation  to
  providing  educational  services  aid  to eligible museums, historical
  societies and other cultural institutions chartered by  the  board  of
  regents for the provision of curriculum-based educational programs for
  students  and  teachers  in grades pre-kindergarten through twelve and
  adults enrolled in continuing education programs

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

  Section  1. Statement of legislative findings and intent. The legisla-
ture finds and declares that the state of  New  York  has  the  greatest
museums,  historical  societies,  zoos, botanical gardens, aquariums and
cultural arts institutions in the United States, and that  these  organ-
izations are major tourism and economic drivers with a wealth of ways to
engage  children and adults and instill in them a lasting love of learn-
ing.
  The legislature finds and declares that museums, historical societies,
zoos,  botanical  gardens,  aquariums  and  cultural  arts  institutions
attract  millions  of  visitors  each year and provide vitally important
instructional services to the schoolchildren of  this  state,  and  that
children,  in grades pre-kindergarten through twelve and adults enrolled
in continuing education programs should have broad and equal  access  to
such services.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10697-05-6

A. 8199--B                          2

  The  legislature  finds that over 1,500 museums, historical societies,
zoos, botanical gardens, aquariums and  cultural  arts  institutions  in
this  state  now  provide  instruction to over six million children, and
that these institutions now receive no direct state support to initiate,
expand  and  enhance these educational services through access to museum
collections, scholarship and virtual learning.
  The legislature finds that museums, historical societies, zoos, botan-
ical gardens, aquariums and cultural arts institutions, in collaboration
with teachers  and  schools,  must  design  new  and  innovative  museum
programs  to  address  such  pressing  issues  as science, anthropology,
history and arts literacy, and under-resourced schools.
  It is the intent of the legislature that the state  provide  financial
assistance  to  museums,  zoos,  botanical  gardens, aquariums and other
cultural institutions so that these major tourist attractions can extend
their uniquely valuable educational resources to the children and  life-
long learners of the state.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"museum education act".
  S 3. The arts and cultural affairs law is  amended  by  adding  a  new
section 61.15 to read as follows:
  S  61.15.  EDUCATION GRANTS FOR MUSEUMS. 1. THE COMMISSIONER OF EDUCA-
TION SHALL DEVELOP AND  IMPLEMENT,  WITH  CONSULTATION  AND  INPUT  FROM
REPRESENTATIVES  FROM  THE  MUSEUM AND CULTURAL INSTITUTION COMMUNITY, A
MUSEUM AND CULTURAL ORGANIZATION  EDUCATION  GRANT  PROGRAM,  AND  SHALL
AWARD,  WITHIN  THE  AMOUNTS APPROPRIATED FROM THE GENERAL FUND FOR SUCH
PURPOSE, COMPETITIVE GRANTS IN ACCORDANCE  WITH  THIS  SECTION  FOR  THE
PURPOSES  OF ESTABLISHING OR IMPROVING EDUCATION PROGRAMS IN MUSEUMS AND
CULTURAL ORGANIZATIONS DESIGNED TO IMPROVE STUDENT PERFORMANCE IN PUBLIC
AND NONPUBLIC ELEMENTARY, MIDDLE  AND  SECONDARY  SCHOOLS.  SUCH  GRANTS
SHALL BE EXPENDED TO SUPPORT THE PRODUCTION OF CURRICULA, ACQUISITION OF
SPECIALIZED  EDUCATIONAL  OR INTERPRETIVE SKILLS, ACQUISITION AND IMPLE-
MENTATION OF TECHNOLOGY, AND PREPARATION OF  SPECIALIZED  EXHIBITION  OR
PUBLIC  PROGRAMS  THAT  ARE TAILORED TO ELEMENTARY, MIDDLE AND SECONDARY
SCHOOL STUDENTS; THE DEVELOPMENT AND DELIVERY  OF  CONTINUING  EDUCATION
PROGRAMS,  PROVISION  OF STUDENT TRANSPORTATION; AND OTHER PROGRAMS THAT
SUPPORT THE DEVELOPMENT AND DELIVERY  OF  CURRICULUM-BASED  PROGRAMS  IN
MUSEUMS WITH COLLECTIONS.
  2.  AS  USED IN THIS SECTION, "ELIGIBLE INSTITUTION" SHALL MEAN: (A) A
NONPROFIT INSTITUTION CHARTERED BY THE BOARD OF  REGENTS,  OR  OTHERWISE
INCORPORATED AS A MUSEUM, HISTORICAL SOCIETY, NATURE CENTER, ZOO, BOTAN-
IC  GARDEN, ARBORETUM, AQUARIUM OR OTHER CULTURAL EDUCATION INSTITUTION,
OR A PRIVATELY OR MUNICIPALLY OPERATED INSTITUTION THAT MEETS THE APPLI-
CABLE REGISTRATION STANDARDS ESTABLISHED BY THE  BOARD  OF  REGENTS  FOR
MUSEUMS OR HISTORICAL SOCIETIES WITH COLLECTIONS; OR
  (B)  A  PRIVATE NOT-FOR-PROFIT COMMUNITY BASED ORGANIZATION, INCLUDING
AN INCORPORATED INSTITUTION THE SOLE OR PRIMARY PURPOSE OF WHICH IS  THE
SUPPORT  OF MUSEUMS, HISTORIC SITES OR HISTORICAL SOCIETIES; EXCEPT THAT
INSTITUTIONS OPERATED BY STATE OR FEDERAL GOVERNMENT AGENCIES SHALL  NOT
BE CONSIDERED ELIGIBLE UNDER THIS SECTION.
  3. THE GOVERNING BODY OR OFFICER OF AN ELIGIBLE INSTITUTION REQUESTING
A  GRANT  PURSUANT  TO  THIS SECTION SHALL SUBMIT AN APPLICATION AT SUCH
TIME, IN SUCH FORM AND CONTAINING SUCH INFORMATION, AS THE  COMMISSIONER
OF EDUCATION MAY REQUIRE. SUCH COMMISSIONER SHALL ESTABLISH THE CRITERIA
AND STANDARDS BY WHICH APPLICATIONS FOR GRANTS TO BE AWARDED PURSUANT TO
THIS SECTION WILL BE EVALUATED AND GRANTS MADE TO ELIGIBLE INSTITUTIONS.
THE  COMMISSIONER  OF  EDUCATION IS AUTHORIZED TO PROMULGATE REGULATIONS

A. 8199--B                          3

FOR THE DEVELOPMENT AND SUBMISSION OF APPLICATIONS  FOR  COOPERATIVE  OR
COLLABORATIVE  GRANTS,  PROVIDED THAT A SINGLE INSTITUTION SERVES AS THE
APPLICANT FOR SUCH A GRANT AND FOR MULTI-YEAR GRANTS.
  4.  THE  COMMISSIONER OF EDUCATION SHALL AWARD GRANTS IN AN AMOUNT NOT
TO EXCEED THE ALLOWABLE COSTS OF THE ELIGIBLE INSTITUTION AS  DETERMINED
BY  SUCH  COMMISSIONER,  PROVIDED  THAT  THE  ALLOWABLE COSTS FOR MUSEUM
EDUCATION GRANTS SHALL NOT EXCEED FIVE HUNDRED THOUSAND DOLLARS PER YEAR
FOR A MAXIMUM OF THREE YEARS. ALLOWABLE COSTS SHALL  INCLUDE,  BUT  NEED
NOT  BE LIMITED TO, THE REASONABLE COST OF SALARIES AND FRINGE BENEFITS,
MATERIALS AND EQUIPMENT. THE COMMISSIONER OF EDUCATION SHALL ALLOCATE  A
MINIMUM  OF  TWENTY-FIVE  PERCENT  OF  THE  AMOUNT APPROPRIATED FOR SUCH
GRANTS TO AWARD TO INSTITUTIONS WITH AN OPERATING BUDGET OF BETWEEN  TEN
THOUSAND  DOLLARS  AND  ONE HUNDRED FIFTY THOUSAND DOLLARS PER YEAR. THE
COMMISSIONER OF  EDUCATION  SHALL  ALLOCATE  A  MINIMUM  OF  TWENTY-FIVE
PERCENT  OF  THE  AMOUNT APPROPRIATED FOR SUCH GRANTS TO AWARD TO INSTI-
TUTIONS WITH AN OPERATING BUDGET OF BETWEEN ONE HUNDRED FIFTY-ONE  THOU-
SAND DOLLARS AND FIVE HUNDRED THOUSAND DOLLARS PER YEAR. THE COMMISSION-
ER  OF  EDUCATION  WILL ALLOCATE A MINIMUM OF TWENTY-FIVE PERCENT OF THE
AMOUNT APPROPRIATED FOR SUCH GRANTS TO AWARD  TO  INSTITUTIONS  WITH  AN
OPERATING  BUDGET  OF  BETWEEN FIVE HUNDRED THOUSAND ONE DOLLARS AND ONE
MILLION DOLLARS PER YEAR. THE COMMISSIONER OF EDUCATION SHALL ALLOCATE A
MINIMUM OF TWENTY-FIVE PERCENT  OF  THE  AMOUNT  APPROPRIATED  FOR  SUCH
GRANTS  TO  AWARD  TO INSTITUTIONS WITH AN OPERATING BUDGET IN EXCESS OF
ONE MILLION DOLLARS PER YEAR.
  5. ON OR BEFORE MARCH FIFTEENTH,  TWO  THOUSAND  EIGHTEEN  AND  ON  OR
BEFORE  MARCH  FIRST OF EACH YEAR THEREAFTER, THE COMMISSIONER OF EDUCA-
TION SHALL SUBMIT TO THE CHAIRS OF THE SENATE FINANCE AND  THE  ASSEMBLY
WAYS  AND  MEANS  COMMITTEES,  AND  THE DIRECTOR OF THE BUDGET, A REPORT
DETAILING THE IMPLEMENTATION OF THE  PROVISIONS  OF  THIS  SECTION,  THE
EXTENT  OF  PARTICIPATION  BY ELIGIBLE INSTITUTIONS, THE RELATIONSHIP OF
THE PROGRAMS PROVIDED TO SCHOOL CURRICULA, AND THE GEOGRAPHIC DISPERSION
OF FUNDS AND PARTICIPATING INSTITUTIONS.
  S 4. This act shall take effect one year after it shall have become  a
law.

Co-Sponsors

Multi-Sponsors

A8199C - Details

Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Add §61.15, Arts & Cul L
Versions Introduced in 2015-2016 Legislative Session:: S5001, S5001C

A8199C - Summary

A8199C - Bill Text download pdf

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

                                 8199--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced  by  M.  of A. TITONE, LUPARDO, THIELE, SCHIMMINGER, CERETTO,
  ENGLEBRIGHT, FAHY, McDONALD, NOJAY -- Multi-Sponsored by -- M.  of  A.
  HAWLEY,  MAGEE  -- read once and referred to the Committee on Tourism,
  Parks, Arts and Sports Development -- recommitted to the Committee  on
  Tourism,  Parks, Arts and Sports Development in accordance with Assem-
  bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN  ACT  to  amend  the  arts  and  cultural affairs law, in relation to
  providing educational services aid  to  eligible  museums,  historical
  societies  and  other  cultural institutions chartered by the board of
  regents for the provision of curriculum-based educational programs for
  students and teachers in grades pre-kindergarten  through  twelve  and
  adults  enrolled in continuing education programs in low-income urban,
  suburban and rural communities

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

  Section  1. Statement of legislative findings and intent. The legisla-
ture finds and declares that the state of  New  York  has  the  greatest
museums,  historical  societies,  zoos, botanical gardens, aquariums and
cultural arts institutions in the United States, and that  these  organ-
izations are major tourism and economic drivers with a wealth of ways to
engage  children and adults and instill in them a lasting love of learn-
ing.
  The legislature finds and declares that museums, historical societies,
zoos,  botanical  gardens,  aquariums  and  cultural  arts  institutions
attract  millions  of  visitors  each year and provide vitally important
instructional services to the schoolchildren of  this  state,  and  that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10697-09-6

A. 8199--C                          2

children,  in grades pre-kindergarten through twelve and adults enrolled
in continuing education programs should have broad and equal  access  to
such services.
  The  legislature  finds that over 1,500 museums, historical societies,
zoos, botanical gardens, aquariums and  cultural  arts  institutions  in
this  state  now  provide  instruction to over six million children, and
that these institutions now receive no direct state support to initiate,
expand and enhance these educational services through access  to  museum
collections, scholarship and virtual learning.
  The  legislature  finds that students living in low-income communities
in urban, suburban, or rural settings benefit from having access to  the
type of learning provided by museums, historical societies, zoos, botan-
ical gardens, aquariums and cultural arts institutions and that fair and
equal access to these types of institutions will provide enhanced learn-
ing opportunities to these students.
  The legislature finds that museums, historical societies, zoos, botan-
ical gardens, aquariums and cultural arts institutions, in collaboration
with  teachers  and  schools,  must  design  new  and  innovative museum
programs to address  such  pressing  issues  as  science,  anthropology,
history and arts literacy, and under-resourced schools.
  It  is  the intent of the legislature that the state provide financial
assistance to museums, zoos,  botanical  gardens,  aquariums  and  other
cultural  institutions  located  in  low-income urban, suburban or rural
communities, so that these major tourist attractions  can  extend  their
uniquely  valuable  educational  resources  to the children and lifelong
learners of the state, especially those in low-income urban, suburban or
rural communities, or that provide educational services to students from
such communities.
  S 2. Short title. This act shall be known and  may  be  cited  as  the
"museum education act".
  S  3.  The  arts  and  cultural affairs law is amended by adding a new
section 61.15 to read as follows:
  S 61.15. EDUCATION GRANTS FOR MUSEUMS. 1. THE COMMISSIONER  OF  EDUCA-
TION  SHALL  DEVELOP  AND  IMPLEMENT,  WITH  CONSULTATION AND INPUT FROM
REPRESENTATIVES FROM THE MUSEUM AND CULTURAL  INSTITUTION  COMMUNITY,  A
MUSEUM  AND  CULTURAL  ORGANIZATION  EDUCATION  GRANT PROGRAM, AND SHALL
AWARD, WITHIN THE AMOUNTS APPROPRIATED FROM THE GENERAL  FUND  FOR  SUCH
PURPOSE,  COMPETITIVE  GRANTS  IN  ACCORDANCE  WITH THIS SECTION FOR THE
PURPOSES OF ESTABLISHING OR IMPROVING EDUCATION PROGRAMS IN MUSEUMS  AND
CULTURAL ORGANIZATIONS DESIGNED TO IMPROVE STUDENT PERFORMANCE IN PUBLIC
AND  NONPUBLIC  ELEMENTARY,  MIDDLE  AND  SECONDARY SCHOOLS. SUCH GRANTS
SHALL BE EXPENDED TO SUPPORT THE PRODUCTION OF CURRICULA, ACQUISITION OF
SPECIALIZED EDUCATIONAL OR INTERPRETIVE SKILLS, ACQUISITION  AND  IMPLE-
MENTATION  OF  TECHNOLOGY,  AND PREPARATION OF SPECIALIZED EXHIBITION OR
PUBLIC PROGRAMS THAT ARE TAILORED TO ELEMENTARY,  MIDDLE  AND  SECONDARY
SCHOOL  STUDENTS;  THE  DEVELOPMENT AND DELIVERY OF CONTINUING EDUCATION
PROGRAMS; PROVISION OF STUDENT TRANSPORTATION; AND OTHER  PROGRAMS  THAT
SUPPORT  THE  DEVELOPMENT  AND  DELIVERY OF CURRICULUM-BASED PROGRAMS IN
MUSEUMS WITH COLLECTIONS.
  2. AS USED IN THIS SECTION, "ELIGIBLE INSTITUTION" SHALL MEAN:  (A)  A
NONPROFIT  INSTITUTION  CHARTERED  BY THE BOARD OF REGENTS, OR OTHERWISE
INCORPORATED AS A MUSEUM, HISTORICAL SOCIETY, NATURE CENTER, ZOO, BOTAN-
ICAL GARDEN, ARBORETUM, AQUARIUM OR OTHER  CULTURAL  EDUCATION  INSTITU-
TION,  OR A PRIVATELY OR MUNICIPALLY OPERATED INSTITUTION THAT MEETS THE
APPLICABLE REGISTRATION STANDARDS ESTABLISHED BY THE  BOARD  OF  REGENTS
FOR  MUSEUMS  OR  HISTORICAL  SOCIETIES  WITH  COLLECTIONS,  AND THAT IS

A. 8199--C                          3

LOCATED IN A LOW-INCOME URBAN, SUBURBAN OR RURAL COMMUNITY  OR  PROVIDES
EDUCATIONAL  SERVICES  TO  STUDENTS  AND  ADULT LEARNERS FROM LOW-INCOME
URBAN, SUBURBAN OR RURAL COMMUNITIES; OR
  (B)  A  PRIVATE NOT-FOR-PROFIT COMMUNITY BASED ORGANIZATION, INCLUDING
AN INCORPORATED INSTITUTION THE SOLE OR PRIMARY PURPOSE OF WHICH IS  THE
SUPPORT  OF MUSEUMS, HISTORIC SITES OR HISTORICAL SOCIETIES LOCATED IN A
LOW-INCOME URBAN, SUBURBAN OR RURAL COMMUNITY OR  THAT  PROVIDES  EDUCA-
TIONAL  SERVICES  TO  STUDENTS AND ADULT LEARNERS FROM LOW-INCOME URBAN,
SUBURBAN OR RURAL COMMUNITIES;  EXCEPT  THAT  INSTITUTIONS  OPERATED  BY
STATE  OR  FEDERAL  GOVERNMENT AGENCIES SHALL NOT BE CONSIDERED ELIGIBLE
UNDER THIS SECTION.
  3. THE GOVERNING BODY OR OFFICER OF AN ELIGIBLE INSTITUTION REQUESTING
A GRANT PURSUANT TO THIS SECTION SHALL SUBMIT  AN  APPLICATION  AT  SUCH
TIME,  IN SUCH FORM AND CONTAINING SUCH INFORMATION, AS THE COMMISSIONER
OF EDUCATION MAY REQUIRE. SUCH COMMISSIONER SHALL ESTABLISH THE CRITERIA
AND STANDARDS BY WHICH APPLICATIONS FOR GRANTS TO BE AWARDED PURSUANT TO
THIS SECTION WILL BE EVALUATED AND GRANTS MADE TO ELIGIBLE INSTITUTIONS.
THE COMMISSIONER OF EDUCATION IS AUTHORIZED  TO  PROMULGATE  REGULATIONS
FOR  THE  DEVELOPMENT  AND SUBMISSION OF APPLICATIONS FOR COOPERATIVE OR
COLLABORATIVE GRANTS, PROVIDED THAT A SINGLE INSTITUTION SERVES  AS  THE
APPLICANT FOR SUCH A GRANT AND FOR MULTI-YEAR GRANTS.
  4.  THE  COMMISSIONER OF EDUCATION SHALL AWARD GRANTS IN AN AMOUNT NOT
TO EXCEED THE ALLOWABLE COSTS OF THE ELIGIBLE INSTITUTION AS  DETERMINED
BY  SUCH  COMMISSIONER,  PROVIDED  THAT  THE  ALLOWABLE COSTS FOR MUSEUM
EDUCATION GRANTS SHALL NOT EXCEED FIVE HUNDRED THOUSAND DOLLARS PER YEAR
FOR A MAXIMUM OF THREE YEARS. ALLOWABLE COSTS SHALL  INCLUDE,  BUT  NEED
NOT  BE LIMITED TO, THE REASONABLE COST OF SALARIES AND FRINGE BENEFITS,
MATERIALS AND EQUIPMENT. THE COMMISSIONER OF EDUCATION SHALL ALLOCATE  A
MINIMUM  OF  TWENTY-FIVE  PERCENT  OF  THE  AMOUNT APPROPRIATED FOR SUCH
GRANTS TO AWARD TO INSTITUTIONS WITH AN OPERATING BUDGET OF BETWEEN  TEN
THOUSAND  DOLLARS  AND  ONE HUNDRED FIFTY THOUSAND DOLLARS PER YEAR. THE
COMMISSIONER OF  EDUCATION  SHALL  ALLOCATE  A  MINIMUM  OF  TWENTY-FIVE
PERCENT  OF  THE  AMOUNT APPROPRIATED FOR SUCH GRANTS TO AWARD TO INSTI-
TUTIONS WITH AN OPERATING BUDGET OF BETWEEN ONE HUNDRED  FIFTY  THOUSAND
ONE DOLLARS AND FIVE HUNDRED THOUSAND DOLLARS PER YEAR. THE COMMISSIONER
OF  EDUCATION  WILL  ALLOCATE  A  MINIMUM  OF TWENTY-FIVE PERCENT OF THE
AMOUNT APPROPRIATED FOR SUCH GRANTS TO AWARD  TO  INSTITUTIONS  WITH  AN
OPERATING  BUDGET  OF  BETWEEN FIVE HUNDRED THOUSAND ONE DOLLARS AND ONE
MILLION DOLLARS PER YEAR. THE COMMISSIONER OF EDUCATION SHALL ALLOCATE A
MINIMUM OF TWENTY-FIVE PERCENT  OF  THE  AMOUNT  APPROPRIATED  FOR  SUCH
GRANTS  TO  AWARD  TO INSTITUTIONS WITH AN OPERATING BUDGET IN EXCESS OF
ONE MILLION DOLLARS PER YEAR.
  5. ON OR BEFORE MARCH FIFTEENTH,  TWO  THOUSAND  EIGHTEEN  AND  ON  OR
BEFORE  MARCH  FIRST OF EACH YEAR THEREAFTER, THE COMMISSIONER OF EDUCA-
TION SHALL SUBMIT TO THE CHAIRS OF THE SENATE FINANCE AND  THE  ASSEMBLY
WAYS  AND  MEANS  COMMITTEES,  AND  THE DIRECTOR OF THE BUDGET, A REPORT
DETAILING THE IMPLEMENTATION OF THE  PROVISIONS  OF  THIS  SECTION,  THE
EXTENT  OF  PARTICIPATION  BY ELIGIBLE INSTITUTIONS, THE RELATIONSHIP OF
THE PROGRAMS PROVIDED TO SCHOOL CURRICULA, AND THE GEOGRAPHIC DISPERSION
OF FUNDS AND PARTICIPATING INSTITUTIONS.
  S 4. This act shall take effect one year after it shall have become  a
law.

Co-Sponsors

Multi-Sponsors

A8199D - Details

Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Add §61.15, Arts & Cul L
Versions Introduced in 2015-2016 Legislative Session:: S5001, S5001C

A8199D - Summary

A8199D - Bill Text download pdf

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

                                 8199--D

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced  by  M.  of A. TITONE, LUPARDO, THIELE, SCHIMMINGER, CERETTO,
  ENGLEBRIGHT, FAHY, McDONALD, NOJAY, WALTER -- Multi-Sponsored by -- M.
  of A. HAWLEY, MAGEE -- read once and  referred  to  the  Committee  on
  Tourism,  Parks,  Arts  and  Sports  Development -- recommitted to the
  Committee on Tourism, Parks, Arts and Sports Development in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as  amended  and  recommitted to said committee -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, ordered reprinted as amended and recommitted to  said
  committee

AN  ACT  to  amend  the  arts  and  cultural affairs law, in relation to
  providing educational services aid  to  eligible  museums,  historical
  societies  and  other  cultural institutions chartered by the board of
  regents for the provision of curriculum-based educational programs for
  students and teachers in grades pre-kindergarten  through  twelve  and
  adults  enrolled in continuing education programs in low-income urban,
  suburban and rural communities

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

  Section  1. Statement of legislative findings and intent. The legisla-
ture finds and declares that the state of  New  York  has  the  greatest
museums,  historical  societies,  zoos, botanical gardens, aquariums and
cultural arts institutions in the United States, and that  these  organ-
izations are major tourism and economic drivers with a wealth of ways to
engage  children and adults and instill in them a lasting love of learn-
ing.
  The legislature finds and declares that museums, historical societies,
zoos,  botanical  gardens,  aquariums  and  cultural  arts  institutions

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10697-10-6

A. 8199--D                          2

attract  millions  of  visitors  each year and provide vitally important
instructional services to the schoolchildren of  this  state,  and  that
children,  in grades pre-kindergarten through twelve and adults enrolled
in  continuing  education programs should have broad and equal access to
such services.
  The legislature finds that over 1,500 museums,  historical  societies,
zoos,  botanical  gardens,  aquariums  and cultural arts institutions in
this state now provide instruction to over  six  million  children,  and
that these institutions now receive no direct state support to initiate,
expand  and  enhance these educational services through access to museum
collections, scholarship and virtual learning.
  The legislature finds that students living in  low-income  communities
in  urban, suburban, or rural settings benefit from having access to the
type of learning provided by museums, historical societies, zoos, botan-
ical gardens, aquariums and cultural arts institutions and that fair and
equal access to these types of institutions will provide enhanced learn-
ing opportunities to these students.
  The legislature finds that museums, historical societies, zoos, botan-
ical gardens, aquariums and cultural arts institutions, in collaboration
with teachers  and  schools,  must  design  new  and  innovative  museum
programs  to  address  such  pressing  issues  as science, anthropology,
history and arts literacy, and under-resourced schools.
  It is the intent of the legislature that the state  provide  financial
assistance  to  museums,  zoos,  botanical  gardens, aquariums and other
cultural institutions located in low-income  urban,  suburban  or  rural
communities,  so  that  these major tourist attractions can extend their
uniquely valuable educational resources to  the  children  and  lifelong
learners of the state, especially those in low-income urban, suburban or
rural communities, or that provide educational services to students from
such communities.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"museum education act".
  S 3. The arts and cultural affairs law is  amended  by  adding  a  new
section 61.15 to read as follows:
  S  61.15.  EDUCATION GRANTS FOR MUSEUMS. 1. THE COMMISSIONER OF EDUCA-
TION SHALL DEVELOP AND  IMPLEMENT,  WITH  CONSULTATION  AND  INPUT  FROM
REPRESENTATIVES  FROM  THE  MUSEUM AND CULTURAL INSTITUTION COMMUNITY, A
MUSEUM AND CULTURAL ORGANIZATION  EDUCATION  GRANT  PROGRAM,  AND  SHALL
AWARD,  WITHIN  THE  AMOUNTS APPROPRIATED FROM THE GENERAL FUND FOR SUCH
PURPOSE, COMPETITIVE GRANTS IN ACCORDANCE  WITH  THIS  SECTION  FOR  THE
PURPOSES  OF ESTABLISHING OR IMPROVING EDUCATION PROGRAMS IN MUSEUMS AND
CULTURAL ORGANIZATIONS DESIGNED TO IMPROVE STUDENT PERFORMANCE IN PUBLIC
AND NONPUBLIC ELEMENTARY, MIDDLE  AND  SECONDARY  SCHOOLS.  SUCH  GRANTS
SHALL BE EXPENDED TO SUPPORT THE PRODUCTION OF CURRICULA, ACQUISITION OF
SPECIALIZED  EDUCATIONAL  OR INTERPRETIVE SKILLS, ACQUISITION AND IMPLE-
MENTATION OF TECHNOLOGY, AND PREPARATION OF  SPECIALIZED  EXHIBITION  OR
PUBLIC  PROGRAMS  THAT  ARE TAILORED TO ELEMENTARY, MIDDLE AND SECONDARY
SCHOOL STUDENTS; THE DEVELOPMENT AND DELIVERY  OF  CONTINUING  EDUCATION
PROGRAMS;  PROVISION  OF STUDENT TRANSPORTATION; AND OTHER PROGRAMS THAT
SUPPORT THE DEVELOPMENT AND DELIVERY  OF  CURRICULUM-BASED  PROGRAMS  IN
MUSEUMS WITH COLLECTIONS.
  2.  AS  USED IN THIS SECTION, "ELIGIBLE INSTITUTION" SHALL MEAN: (A) A
NONPROFIT INSTITUTION CHARTERED BY THE BOARD OF  REGENTS,  OR  OTHERWISE
INCORPORATED AS A MUSEUM, HISTORICAL SOCIETY, NATURE CENTER, ZOO, BOTAN-
ICAL  GARDEN,  ARBORETUM,  AQUARIUM OR OTHER CULTURAL EDUCATION INSTITU-
TION, OR A PRIVATELY OR MUNICIPALLY OPERATED INSTITUTION THAT MEETS  THE

A. 8199--D                          3

APPLICABLE  REGISTRATION  STANDARDS  ESTABLISHED BY THE BOARD OF REGENTS
FOR MUSEUMS OR  HISTORICAL  SOCIETIES  WITH  COLLECTIONS,  AND  THAT  IS
LOCATED  IN  A LOW-INCOME URBAN, SUBURBAN OR RURAL COMMUNITY OR PROVIDES
EDUCATIONAL  SERVICES  TO  STUDENTS  AND  ADULT LEARNERS FROM LOW-INCOME
URBAN, SUBURBAN OR RURAL COMMUNITIES; OR
  (B) A PRIVATE NOT-FOR-PROFIT COMMUNITY BASED  ORGANIZATION,  INCLUDING
AN  INCORPORATED INSTITUTION THE SOLE OR PRIMARY PURPOSE OF WHICH IS THE
SUPPORT OF MUSEUMS, HISTORIC SITES OR HISTORICAL SOCIETIES LOCATED IN  A
LOW-INCOME  URBAN,  SUBURBAN  OR RURAL COMMUNITY OR THAT PROVIDES EDUCA-
TIONAL SERVICES TO STUDENTS AND ADULT LEARNERS  FROM  LOW-INCOME  URBAN,
SUBURBAN  OR  RURAL  COMMUNITIES;  EXCEPT  THAT INSTITUTIONS OPERATED BY
STATE OR FEDERAL GOVERNMENT AGENCIES SHALL NOT  BE  CONSIDERED  ELIGIBLE
UNDER THIS SECTION.
  3. THE GOVERNING BODY OR OFFICER OF AN ELIGIBLE INSTITUTION REQUESTING
A  GRANT  PURSUANT  TO  THIS SECTION SHALL SUBMIT AN APPLICATION AT SUCH
TIME, IN SUCH FORM AND CONTAINING SUCH INFORMATION, AS THE  COMMISSIONER
OF EDUCATION MAY REQUIRE. SUCH COMMISSIONER SHALL ESTABLISH THE CRITERIA
AND STANDARDS BY WHICH APPLICATIONS FOR GRANTS TO BE AWARDED PURSUANT TO
THIS SECTION WILL BE EVALUATED AND GRANTS MADE TO ELIGIBLE INSTITUTIONS.
THE  COMMISSIONER  OF  EDUCATION IS AUTHORIZED TO PROMULGATE REGULATIONS
FOR THE DEVELOPMENT AND SUBMISSION OF APPLICATIONS  FOR  COOPERATIVE  OR
COLLABORATIVE  GRANTS,  PROVIDED THAT A SINGLE INSTITUTION SERVES AS THE
APPLICANT FOR SUCH A GRANT AND FOR MULTI-YEAR GRANTS.
  4. THE COMMISSIONER OF EDUCATION SHALL AWARD GRANTS, SUBJECT TO AVAIL-
ABLE APPROPRIATIONS, IN AN AMOUNT NOT TO EXCEED THE ALLOWABLE  COSTS  OF
THE  ELIGIBLE  INSTITUTION  AS DETERMINED BY SUCH COMMISSIONER, PROVIDED
THAT THE ALLOWABLE COSTS FOR MUSEUM EDUCATION GRANTS  SHALL  NOT  EXCEED
FIVE  HUNDRED  THOUSAND  DOLLARS  PER YEAR FOR A MAXIMUM OF THREE YEARS.
ALLOWABLE COSTS SHALL INCLUDE, BUT NEED NOT BE LIMITED TO,  THE  REASON-
ABLE  COST OF SALARIES AND FRINGE BENEFITS, MATERIALS AND EQUIPMENT. THE
COMMISSIONER OF  EDUCATION  SHALL  ALLOCATE  A  MINIMUM  OF  TWENTY-FIVE
PERCENT  OF  THE  AMOUNT APPROPRIATED FOR SUCH GRANTS TO AWARD TO INSTI-
TUTIONS WITH AN OPERATING BUDGET OF BETWEEN TEN THOUSAND DOLLARS AND ONE
HUNDRED FIFTY THOUSAND DOLLARS PER YEAR. THE COMMISSIONER  OF  EDUCATION
SHALL  ALLOCATE A MINIMUM OF TWENTY-FIVE PERCENT OF THE AMOUNT APPROPRI-
ATED FOR SUCH GRANTS TO AWARD TO INSTITUTIONS WITH AN  OPERATING  BUDGET
OF BETWEEN ONE HUNDRED FIFTY THOUSAND ONE DOLLARS AND FIVE HUNDRED THOU-
SAND  DOLLARS  PER  YEAR.  THE COMMISSIONER OF EDUCATION WILL ALLOCATE A
MINIMUM OF TWENTY-FIVE PERCENT  OF  THE  AMOUNT  APPROPRIATED  FOR  SUCH
GRANTS TO AWARD TO INSTITUTIONS WITH AN OPERATING BUDGET OF BETWEEN FIVE
HUNDRED  THOUSAND  ONE  DOLLARS  AND  ONE  MILLION DOLLARS PER YEAR. THE
COMMISSIONER OF  EDUCATION  SHALL  ALLOCATE  A  MINIMUM  OF  TWENTY-FIVE
PERCENT  OF  THE  AMOUNT APPROPRIATED FOR SUCH GRANTS TO AWARD TO INSTI-
TUTIONS WITH AN OPERATING BUDGET IN EXCESS OF ONE  MILLION  DOLLARS  PER
YEAR.
  5.  ON  OR  BEFORE  MARCH  FIFTEENTH,  TWO THOUSAND EIGHTEEN AND ON OR
BEFORE MARCH FIRST OF EACH YEAR THEREAFTER, THE COMMISSIONER  OF  EDUCA-
TION  SHALL  SUBMIT TO THE CHAIRS OF THE SENATE FINANCE AND THE ASSEMBLY
WAYS AND MEANS COMMITTEES, AND THE DIRECTOR  OF  THE  BUDGET,  A  REPORT
DETAILING  THE  IMPLEMENTATION  OF  THE  PROVISIONS OF THIS SECTION, THE
EXTENT OF PARTICIPATION BY ELIGIBLE INSTITUTIONS,  THE  RELATIONSHIP  OF
THE PROGRAMS PROVIDED TO SCHOOL CURRICULA, AND THE GEOGRAPHIC DISPERSION
OF FUNDS AND PARTICIPATING INSTITUTIONS.
  S  4. This act shall take effect one year after it shall have become a
law.

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2016	print number 3537a amend and recommit to agriculture
Jan 06, 2016	referred to agriculture
Jan 23, 2015	referred to agriculture

Assembly Actions - Lowercase
Senate Actions - UPPERCASE

Jan 29, 2016

print number 3537a
amend and recommit to agriculture

Jan 06, 2016

referred to agriculture

Jan 23, 2015

referred to agriculture

S T A T E O F N E W Y O R K ________________________________________________________________________ 3537 2015-2016 Regular Sessions I N A S S E M B L Y January 23, 2015 ___________ Introduced by M. of A. TITONE, COLTON, CUSICK, ZEBROWSKI, ENGLEBRIGHT, McDONOUGH -- Multi-Sponsored by -- M. of A. COOK, CORWIN, GOTTFRIED, KATZ, KOLB, MALLIOTAKIS, PERRY, SALADINO, THIELE -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law and the state finance law, in relation to the registration and regulation of animal breeders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The agriculture and markets law is amended by adding a new article 26-C to read as follows: ARTICLE 26-C CARE OF ANIMALS BY BREEDERS SECTION 420. DEFINITIONS. 421. PREEMPTION OF LOCAL LAWS. 422. MINIMUM STANDARDS OF ANIMAL CARE. 423. RECORDS OF PURCHASE AND SALE. 424. LICENSES. 425. LICENSE REFUSAL, SUSPENSION OR REVOCATION. 426. INSPECTION OF BREEDERS. 427. VIOLATIONS. 428. CONSTRUCTION WITH OTHER LAWS. S 420. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "ANIMAL" MEANS A DOG OR A CAT. 2. "CONSUMER" MEANS ANY INDIVIDUAL PURCHASING AN ANIMAL FROM A BREED- ER. A BREEDER SHALL NOT BE CONSIDERED A CONSUMER. 3. "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, MUNICIPALITY OR OTHER LEGAL ENTITY. 4. "BREEDER" MEANS ANY PERSON WHO BREEDS THREE OF MORE ANIMALS FOR SALE PER YEAR FOR PROFIT. SUCH TERM SHALL NOT INCLUDE DULY INCORPORATED HUMANE SOCIETIES DEDICATED TO THE CARE OF UNWANTED ANIMALS WHICH MAKE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01199-01-5

A. 3537 2 SUCH ANIMALS AVAILABLE FOR ADOPTION WHETHER OR NOT A FEE FOR SUCH ADOPTION IS CHARGED. S 421. PREEMPTION OF LOCAL LAWS. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL MUNICIPALITIES, INCLUDING CITIES WITH A POPULATION OF ONE MILLION OR MORE, AND SHALL SUPERSEDE ANY LOCAL LAW, RULE, REGULATION OR ORDINANCE REGULATING OR LICENSING BREEDERS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY MUNICIPALITY FROM ENFORCING ANY LOCAL LAW, RULE, REGULATION OR ORDINANCE OF GENERAL APPLICATION TO BUSINESSES GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS OF CONSUMERS. S 422. MINIMUM STANDARDS OF ANIMAL CARE. BREEDERS SHALL COMPLY WITH THE FOLLOWING MINIMUM STANDARDS OF CARE FOR EVERY ANIMAL IN THEIR CUSTO- DY OR POSSESSION. 1. HOUSING. (A) ANIMALS SHALL BE HOUSED IN PRIMARY ENCLOSURES OR CAGES, WHICH SHALL BE CONSTRUCTED SO AS TO BE STRUCTURALLY SOUND. SUCH ENCLOSURES SHALL BE MAINTAINED IN GOOD REPAIR TO CONTAIN THE ANIMAL HOUSED INSIDE AND PROTECT IT FROM INJURY. SURFACES SHALL HAVE AN IMPER- VIOUS SURFACE SO AS NOT TO PERMIT THE ABSORPTION OF FLUIDS AND WHICH CAN BE THOROUGHLY AND REPEATEDLY CLEANED AND DISINFECTED WITHOUT RETAINING ODORS. (B) PRIMARY ENCLOSURES OR CAGES HOUSING THE ANIMALS SHALL PROVIDE SUFFICIENT SPACE TO ALLOW EACH ANIMAL ADEQUATE FREEDOM OF MOVEMENT TO MAKE NORMAL POSTURAL ADJUSTMENTS, INCLUDING THE ABILITY TO STAND UP, TURN AROUND, AND LIE DOWN WITH ITS LIMBS OUTSTRETCHED. IF THE FLOORING IS CONSTRUCTED OF METAL STRANDS, SUCH STRANDS SHALL EITHER BE GREATER THAN ONE-EIGHTH INCH IN DIAMETER (NINE GAUGE WIRE) OR SHALL BE COATED WITH MATERIAL SUCH AS PLASTIC OR FIBERGLASS, AND SHALL BE CONSTRUCTED SO AS TO NOT ALLOW PASSAGE OF THE ANIMAL'S FEET THROUGH ANY OPENING IN THE FLOOR OF THE ENCLOSURE. SUCH FLOORING SHALL NOT SAG OR BEND SUBSTANTIAL- LY BETWEEN STRUCTURAL SUPPORTS. (C) HOUSING FACILITIES SHALL BE ADEQUATELY VENTILATED AT ALL TIMES TO PROVIDE FOR THE HEALTH AND WELL-BEING OF THE ANIMAL. VENTILATION SHALL BE PROVIDED BY NATURAL OR MECHANICAL MEANS, SUCH AS WINDOWS, VENTS, FANS, OR AIR CONDITIONERS. VENTILATION SHALL BE ESTABLISHED TO MINIMIZE DRAFTS, ODORS, AND MOISTURE CONDENSATION. (D) THE TEMPERATURE SURROUNDING THE ANIMAL SHALL BE COMPATIBLE WITH THE HEALTH AND WELL-BEING OF THE ANIMAL. TEMPERATURE SHALL BE REGULATED BY HEATING AND COOLING TO SUFFICIENTLY PROTECT EACH ANIMAL FROM EXTREMES OF TEMPERATURE AND SHALL NOT BE PERMITTED TO FALL BELOW OR RISE ABOVE RANGES WHICH WOULD POSE A HEALTH HAZARD TO THE ANIMAL. THIS SHALL INCLUDE SUPPLYING SHADE FROM SUNLIGHT BY NATURAL OR ARTIFICIAL MEANS. (E) THE INDOOR FACILITIES HOUSING THE ANIMALS SHALL BE PROVIDED WITH ADEQUATE LIGHTING SUFFICIENT TO PERMIT ROUTINE INSPECTION AND CLEANING AND BE ARRANGED SO THAT EACH ANIMAL IS PROTECTED FROM EXCESSIVE ILLUMI- NATION WHICH POSES A HEALTH HAZARD TO THE ANIMAL. (F) THE INDOOR AND OUTDOOR FACILITIES HOUSING THE ANIMALS, INCLUDING THE PRIMARY ENCLOSURE OR CAGE, SHALL BE DESIGNED TO ALLOW FOR THE EFFI- CIENT ELIMINATION OF ANIMAL WASTE AND WATER IN ORDER TO KEEP THE ANIMAL DRY AND PREVENT THE ANIMAL FROM COMING INTO CONTACT WITH THESE SUBSTANCES. IF DRAINS ARE USED THEY SHALL BE CONSTRUCTED IN A MANNER TO MINIMIZE FOUL ODORS AND BACKUPS OF SEWAGE. IF A DRAINAGE SYSTEM IS USED IT SHALL COMPLY WITH FEDERAL, STATE AND LOCAL LAWS RELATING TO POLLUTION CONTROL. (G) IN THE EVENT THAT A BREEDER HAS A PREGNANT OR NURSING DOG ON HIS OR HER PREMISES, THE BREEDER SHALL PROVIDE A WHELPING BOX FOR SUCH DOG. 2. SANITATION. HOUSING FACILITIES, INCLUDING PRIMARY ENCLOSURES AND CAGES, SHALL BE KEPT IN A CLEAN CONDITION IN ORDER TO MAINTAIN A HEALTHY A. 3537 3 ENVIRONMENT FOR THE ANIMAL. THIS SHALL INCLUDE REMOVING AND DESTROYING ANY AGENTS INJURIOUS TO THE HEALTH OF THE ANIMAL AND PERIODIC CLEANING. THE PRIMARY ENCLOSURE OR CAGE SHALL BE CONSTRUCTED SO AS TO ELIMINATE EXCESS WATER, EXCRETIONS, AND WASTE MATERIAL. UNDER NO CIRCUMSTANCES SHALL THE ANIMAL REMAIN INSIDE THE PRIMARY ENCLOSURE OR CAGE WHILE IT IS BEING CLEANED WITH STERILIZING AGENTS OR AGENTS TOXIC TO ANIMALS OR CLEANED IN A MANNER LIKELY TO THREATEN THE HEALTH AND SAFETY OF THE ANIMAL. TRASH AND WASTE PRODUCTS ON THE PREMISES SHALL BE PROPERLY CONTAINED AND DISPOSED OF SO AS TO MINIMIZE THE RISKS OF DISEASE, CONTAMINATION, AND VERMIN. 3. FEEDING AND WATERING. (A) ANIMALS SHALL BE PROVIDED WITH WHOLESOME AND PALATABLE FOOD, FREE FROM CONTAMINATION AND OF NUTRITIONAL VALUE SUFFICIENT TO MAINTAIN EACH ANIMAL IN GOOD HEALTH. (B) ANIMALS SHALL BE ADEQUATELY FED AT INTERVALS NOT TO EXCEED TWELVE HOURS OR AT LEAST TWICE IN ANY TWENTY-FOUR HOUR PERIOD IN QUANTITIES APPROPRIATE FOR THE ANIMAL SPECIES' AGE, UNLESS DETERMINED OTHERWISE BY AND UNDER THE DIRECTION OF A DULY LICENSED VETERINARIAN. (C) FOOD RECEPTACLES SHALL BE PROVIDED IN SUFFICIENT NUMBER, OF ADEQUATE SIZE, AND SO LOCATED AS TO ENABLE EACH ANIMAL IN THE PRIMARY ENCLOSURE OR CAGE TO BE SUPPLIED WITH AN ADEQUATE AMOUNT OF FOOD. (D) ANIMALS SHALL BE PROVIDED WITH REGULAR ACCESS TO CLEAN, FRESH WATER, SUPPLIED IN A SANITARY MANNER SUFFICIENT FOR ITS NEEDS, EXCEPT WHEN THERE ARE INSTRUCTIONS FROM A DULY LICENSED VETERINARIAN TO WITH- HOLD WATER FOR MEDICAL REASONS. 4. HANDLING. EACH ANIMAL SHALL BE HANDLED IN A HUMANE MANNER SO AS NOT TO CAUSE THE ANIMAL PHYSICAL INJURY OR HARM. 5. VETERINARY CARE. (A) ALL ANIMALS SHALL BE INOCULATED AS REQUIRED BY STATE OR LOCAL LAW. VETERINARY CARE APPROPRIATE TO THE SPECIES SHALL BE PROVIDED WITHOUT UNDUE DELAY WHEN NECESSARY. EACH ANIMAL SHALL BE OBSERVED EACH DAY BY THE BREEDER OR BY A PERSON WORKING UNDER THE BREEDER'S SUPERVISION. (B) IF AN ANIMAL SUFFERS FROM A CONGENITAL OR HEREDITARY CONDITION, DISEASE OR ILLNESS WHICH, IN THE PROFESSIONAL OPINION OF THE BREEDER'S VETERINARIAN, REQUIRES EUTHANASIA, THE VETERINARIAN SHALL HUMANELY EUTHANIZE SUCH ANIMAL WITHOUT UNDUE DELAY. (C) IN THE EVENT AN ANIMAL IS RETURNED TO A BREEDER DUE TO A CONGEN- ITAL OR HEREDITARY CONDITION, ILLNESS, OR DISEASE REQUIRING VETERINARY CARE, THE BREEDER SHALL, WITHOUT UNDUE DELAY, PROVIDE THE ANIMAL WITH THE PROPER VETERINARY CARE. 6. HUMANE EUTHANASIA. HUMANE EUTHANASIA OF AN ANIMAL SHALL BE CARRIED OUT IN ACCORDANCE WITH SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAP- TER. S 423. RECORDS OF PURCHASE AND SALE. EACH BREEDER SHALL KEEP AND MAIN- TAIN RECORDS FOR EACH ANIMAL PURCHASED, ACQUIRED, HELD, SOLD OR OTHER- WISE DISPOSED OF. THE RECORDS SHALL INCLUDE THE FOLLOWING: 1. THE NAME AND ADDRESS OF THE PERSON FROM WHOM EACH ANIMAL WAS ACQUIRED. IF THE PERSON FROM WHOM THE ANIMAL WAS OBTAINED IS A BREEDER LICENSED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE, THE PERSON'S NAME, ADDRESS, AND FEDERAL BREEDER IDENTIFICATION NUMBER. IN THE CASE OF CATS, IF A CAT IS PLACED IN THE CUSTODY OR POSSESSION OF THE BREEDER AND THE SOURCE OF ORIGIN IS UNKNOWN, THE BREEDER SHALL STATE THAT THE SOURCE OF ORIGIN IS UNKNOWN, ACCOMPANIED BY THE DATE, TIME, AND LOCATION OF RECEIPT. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, NO BREEDER SHALL KNOWINGLY BUY, SELL, EXHIBIT, TRANSPORT, OR OFFER FOR SALE, EXHI- BITION OR TRANSPORTATION ANY STOLEN ANIMAL. NO BREEDER SHALL KNOWINGLY SELL ANY CAT OR DOG YOUNGER THAN EIGHT WEEKS OF AGE. A. 3537 4 2. THE ORIGINAL SOURCE OF EACH ANIMAL IF DIFFERENT THAN THE PERSON RECORDED IN SUBDIVISION ONE OF THIS SECTION. 3. THE DATE EACH ANIMAL WAS ACQUIRED. 4. A DESCRIPTION OF EACH ANIMAL SHOWING AGE, COLOR, MARKINGS, SEX, BREED, AND ANY INOCULATION, WORMING OR OTHER VETERINARY TREATMENT OR MEDICATION INFORMATION AVAILABLE. RECORDS SHALL ALSO INCLUDE ANY OTHER SIGNIFICANT IDENTIFICATION, IF KNOWN, FOR EACH ANIMAL, INCLUDING ANY OFFICIAL TAG NUMBER, TATTOO OR IMPLANT. 5. THE NAME AND ADDRESS OF THE PERSON TO WHOM ANY ANIMAL IS SOLD, GIVEN OR BARTERED, OR TO WHOM IT IS OTHERWISE TRANSFERRED OR DELIVERED. THE RECORDS SHALL INDICATE THE DATE AND METHOD OF DISPOSITION. 6. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A PERIOD OF TWO YEARS FROM THE DATE OF SALE OR TRANSFER, WHICHEVER OCCURS LATER. DURING NORMAL BUSINESS HOURS, THE RECORDS SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO ENFORCE THE PROVISIONS OF THIS ARTICLE. S 424. LICENSES. 1. NO PERSON SHALL OPERATE AS A BREEDER UNLESS SUCH PERSON HOLDS A LICENSE ISSUED THEREFOR BY THE COMMISSIONER. NOTWITH- STANDING THE FORGOING, A BREEDER, IN OPERATION ON OR BEFORE THE EFFEC- TIVE DATE OF THIS SECTION, WHO HAS FILED AN APPLICATION FOR AN INITIAL LICENSE UNDER THIS ARTICLE SHALL BE AUTHORIZED TO OPERATE WITHOUT SUCH LICENSE UNTIL THE COMMISSIONER GRANTS OR, AFTER NOTICE AND OPPORTUNITY TO BE HEARD, DECLINES TO GRANT SUCH LICENSE. EACH APPLICATION FOR A LICENSE SHALL BE MADE ON A FORM SUPPLIED BY THE DEPARTMENT AND SHALL CONTAIN SUCH INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT. RENEWAL APPLICATIONS SHALL BE SUBMITTED TO THE COMMISSIONER AT LEAST THIRTY DAYS PRIOR TO THE COMMENCEMENT OF THE NEXT LICENSE YEAR. 2. THE COMMISSIONER MAY DELEGATE HIS OR HER AUTHORITY PURSUANT TO THIS SECTION TO ISSUE BREEDER LICENSES TO THE COUNTY OR CITY WHERE THE BREED- ER IS SEEKING LICENSURE IS LOCATED. SUCH DELEGATION SHALL BE PURSUANT TO AN AGREEMENT ENTERED INTO BY THE COMMISSIONER AND SUCH CITY OR COUNTY. 3. EACH APPLICATION FOR A LICENSE SHALL BE ACCOMPANIED BY A NON-RE- FUNDABLE FEE OF ONE HUNDRED DOLLARS, EXCEPT THAT THOSE BREEDERS WHO ENGAGE IN THE SALE OF LESS THAN TWENTY-FIVE ANIMALS IN A YEAR, SHALL PAY A NON-REFUNDABLE FEE OF TWENTY-FIVE DOLLARS. 4. THE MONEYS RECEIVED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN THE "BREEDER LICENSING FUND" ESTABLISHED PURSUANT TO SECTION NINETY-EIGHT-D OF THE STATE FINANCE LAW. 5. WHERE THE AUTHORITY TO ISSUE BREEDER LICENSES IS DELEGATED TO A COUNTY OR CITY PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THAT COUNTY OR CITY SHALL, ON OR BEFORE THE FIFTH DAY OF EACH MONTH, REMIT TO THE APPROPRIATE MUNICIPAL FINANCIAL OFFICER ONE HUNDRED PERCENT OF ALL LICENSE FEES COLLECTED DURING THE PRECEDING MONTH. THE REMITTANCE SHALL BE ACCOMPANIED BY A REPORT OF LICENSE SALES MADE DURING SUCH MONTH. A COPY OF SUCH REPORT SHALL SIMULTANEOUSLY BE SENT TO THE COMMISSIONER. ALL LICENSE FEES SO REMITTED SHALL BE THE PROPERTY OF THE MUNICIPALITY, AND SHALL BE USED SOLELY FOR THE PURPOSE OF CARRYING OUT AND ENFORCING THE PROVISIONS OF THIS ARTICLE AND OF ARTICLE THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW. 6. INSPECTION IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE, THE RESULTS OF WHICH ESTABLISH COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND WITH THE PROVISIONS OF ARTICLE THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW REGARDING RECORDKEEPING AND CONSUMER DISCLOSURE REQUIREMENTS FOR BREEDERS, SHALL PRECEDE ISSUANCE OF A LICENSE OR RENEWAL THEREOF UNDER THIS SECTION. A. 3537 5 7. UPON VALIDATION BY THE COMMISSIONER OR THE COUNTY OR CITY AUTHOR- IZED UNDER THIS SECTION TO ISSUE BREEDER LICENSES, THE APPLICATION SHALL BECOME THE LICENSE OF THE BREEDER. 8. THE COMMISSIONER SHALL PROVIDE A COPY OF THE LICENSE TO THE BREED- ER. THE COMMISSIONER SHALL ALSO RETAIN A COPY OF THE LICENSE. IN THOSE COUNTIES WHERE THE COMMISSIONER HAS DELEGATED THE LICENSING AUTHORITY TO THE COUNTY OR CITY THAT COUNTY OR CITY SHALL, PROVIDE A COPY OF THE LICENSE TO THE BREEDER AND A COPY TO THE COMMISSIONER. THE COUNTY OR CITY SHALL ALSO RETAIN A COPY OF THE LICENSE IN ITS OWN RECORDS. 9. NO BREEDER SHALL PUBLISH OR ADVERTISE THE SALE OR AVAILABILITY OF ANY DOG OR CAT UNLESS THE PUBLICATION OR ADVERTISEMENT IS ACCOMPANIED BY THE BREEDER'S LICENSE NUMBER. NOTWITHSTANDING THE FOREGOING, A BREEDER, IN OPERATION ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION, WHO HAS FILED AN APPLICATION FOR THE INITIAL LICENSE UNDER THIS ARTICLE MAY PUBLISH OR ADVERTISE THE SALE OF AVAILABILITY OF ANY ANIMAL WITHOUT THE PUBLICATION OR ADVERTISEMENT BEING ACCOMPANIED BY THE BREEDER'S LICENSE NUMBER UNTIL THE COMMISSIONER GRANTS OR, AFTER NOTICE AND OPPORTUNITY TO BE HEARD, DECLINES TO GRANT SUCH LICENSE. 10. SUCH LICENSE SHALL BE RENEWABLE ANNUALLY, TOGETHER WITH THE PAYMENT OF A NON-REFUNDABLE FEE OF ONE HUNDRED DOLLARS, OR UPON PAYMENT OF A NON-REFUNDABLE FEE OF TWENTY-FIVE DOLLARS FOR THOSE BREEDERS WHO ENGAGE IN THE SALE OF LESS THAN TWENTY-FIVE ANIMALS IN A YEAR. 11. BREEDERS SHALL CONSPICUOUSLY DISPLAY THEIR LICENSE ON THE PREMISES WHERE THE ANIMALS ARE KEPT FOR SALE SO THAT THEY MAY BE READILY SEEN BY POTENTIAL CONSUMERS. S 425. LICENSE REFUSAL, SUSPENSION OR REVOCATION. THE COMMISSIONER MAY DECLINE TO GRANT OR RENEW OR MAY SUSPEND OR REVOKE A BREEDER LICENSE, ON ANY OF THE FOLLOWING GROUNDS: 1. MATERIAL MISSTATEMENT IN LICENSE APPLICATION; OR 2. MATERIAL MISSTATEMENT IN OR FALSIFICATION OF RECORDS REQUIRED TO BE KEPT PURSUANT TO THIS ARTICLE OR UNDER ANY REGULATION PROMULGATED THERE- UNDER, OR FAILURE TO ALLOW THE COMMISSIONER OR HIS OR HER AUTHORIZED AGENTS TO INSPECT RECORDS OR BREEDER FACILITIES. 3. VIOLATION OF ANY PROVISION OF THIS ARTICLE OR CONVICTION OF A VIOLATION OF ANY PROVISION OF ARTICLE TWENTY-SIX OF THIS CHAPTER OR REGULATIONS PROMULGATED THEREUNDER PERTAINING TO HUMANE TREATMENT OF ANIMALS, CRUELTY TO ANIMALS, ENDANGERING THE LIFE OR HEALTH OF AN ANIMAL, OR VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAW PERTAINING TO THE CARE, TREATMENT, SALE, POSSESSION OR HANDLING OF ANIMALS OR ANY REGULATION OR RULE PROMULGATED PURSUANT THERETO RELATING TO THE ENDAN- GERMENT OF THE LIFE OR HEALTH OF AN ANIMAL. 4. BEFORE ANY LICENSE SHALL BE SUSPENDED OR REVOKED, THE COMMISSIONER, OR ANY HEARING OFFICER HE OR SHE MAY DESIGNATE, SHALL HOLD A HEARING OR UPON DUE NOTICE TO THE LICENSEE, IN ACCORDANCE WITH ANY REGULATIONS PROMULGATED BY THE DEPARTMENT AND IN ACCORDANCE WITH ARTICLES THREE AND FOUR OF THE STATE ADMINISTRATIVE PROCEDURE ACT. 5. ANY ACTION OF THE COMMISSIONER SHALL BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. S 426. INSPECTION OF BREEDERS. THE BREEDER SHALL, AT THE BREEDER'S EXPENSE, HAVE A VETERINARIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-FIVE OF THE EDUCATION LAW AT A MINIMUM OF SIX MONTH INTERVALS INSPECT HIS OR HER RECORDS, FACILITIES AND ANIMALS TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE. THE VETERINARIAN ENGAGED IN THIS INSPECTION SHALL CERTIFY THAT THE BREEDER IS IN COMPLIANCE WITH THIS A. 3537 6 SECTION AND THAT THE VETERINARIAN DOES NOT OTHERWISE PROVIDE VETERINARY SERVICES TO OR HAVE A FINANCIAL INTEREST WITH THE BREEDER. S 427. VIOLATIONS. 1. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SECTION, A BREEDER WHO VIOLATES ANY PROVISIONS OF THIS ARTICLE MAY BE SUBJECT TO THE DENIAL, REVOCATION, SUSPENSION OR REFUSAL OF RENEWAL OF HIS OR HER LICENSE IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE. 2. VIOLATION OF ANY PROVISION IN THIS ARTICLE, IS A CIVIL OFFENSE, FOR WHICH A PENALTY OF NOT LESS THAN FIFTY DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED. 3. THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED CONCURRENTLY BY THE DEPARTMENT AND BY A COUNTY OR CITY TO WHICH THE COMMISSIONER HAS DELEG- ATED HIS OR HER LICENSING AND INSPECTION AUTHORITY PURSUANT TO SECTIONS FOUR HUNDRED TWENTY-FOUR AND FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE, AND ALL MONEYS COLLECTED THEREAFTER SHALL BE RETAINED BY SUCH MUNICI- PALITY OR LOCAL GOVERNMENT. S 428. CONSTRUCTION WITH OTHER LAWS. 1. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT AGENTS OR OFFICERS OF SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS OR THE POLICE FROM ENFORCING OTHER PROVISIONS OF ARTICLE TWENTY-SIX OF THIS CHAPTER OR ANY OTHER LAW RELAT- ING TO THE HUMANE TREATMENT OF OR CRUELTY TO ANIMALS. 2. THE PROVISIONS OF THIS ARTICLE SHALL NOT PERTAIN TO NOT-FOR-PROFIT ORGANIZATIONS. S 2. The state finance law is amended by adding a new section 98-d to read as follows: S 98-D. BREEDER LICENSING FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE "BREEDER LICENSING FUND". 2. SUCH FUND SHALL CONSIST OF ALL MONIES COLLECTED PURSUANT TO ARTICLE TWENTY-SIX-C OF THE AGRICULTURE AND MARKETS LAW, EXCEPT FOR MONIES COLLECTED PURSUANT TO SUBDIVISION FIVE OF SECTION FOUR HUNDRED TWENTY-FOUR OF SUCH ARTICLE, AND ALL OTHER MONIES CREDITED OR TRANS- FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. 3. MONIES OF THE FUND SHALL BE EXPENDED SOLELY FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF ARTICLE THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW AND ARTICLE TWENTY-SIX-C OF THE AGRICULTURE AND MARKETS LAW. MONIES SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER OF AGRI- CULTURE AND MARKETS. ANY INTEREST RECEIVED BY THE COMPTROLLER ON MONIES ON DEPOSIT IN THE BREEDER LICENSING FUND SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND. S 3. Section 401 of the agriculture and markets law is amended by adding a new subdivision 8 to read as follows: 8. SELLING PETS. PET DEALERS SHALL ONLY SELL PETS OBTAINED FROM LICENSED BREEDERS PURSUANT TO ARTICLE TWENTY-SIX-C OF THIS CHAPTER. S 4. Subdivision 6 of section 402 of the agriculture and markets law is renumbered subdivision 7 and a new subdivision 6 is added to read as follows: 6. FOR ALL ANIMALS BOUGHT BY THE PET DEALER, THE PET DEALER MUST HAVE A RECORD THAT SUCH PURCHASE CAME FROM A BREEDER WHICH IS EITHER LICENSED OR EXEMPT PURSUANT TO ARTICLE TWENTY-SIX-C OF THIS CHAPTER. S 5. This act shall take effect April 1, 2017; provided, however, that any rules and/or regulations necessary for the timely implementation of this act on its effective date shall be promulgated on or before such date.

S T A T E O F N E W Y O R K ________________________________________________________________________ 3537--A 2015-2016 Regular Sessions I N A S S E M B L Y January 23, 2015 ___________ Introduced by M. of A. TITONE, COLTON, CUSICK, ZEBROWSKI, ENGLEBRIGHT, McDONOUGH -- Multi-Sponsored by -- M. of A. COOK, CORWIN, GOTTFRIED, KATZ, KOLB, MALLIOTAKIS, PERRY, SALADINO, THIELE -- read once and referred to the Committee on Agriculture -- recommitted to the Commit- tee on Agriculture in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the agriculture and markets law and the state finance law, in relation to the registration and regulation of animal breeders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The agriculture and markets law is amended by adding a new article 26-C to read as follows: ARTICLE 26-C CARE OF ANIMALS BY BREEDERS SECTION 420. DEFINITIONS. 421. PREEMPTION OF LOCAL LAWS. 422. MINIMUM STANDARDS OF ANIMAL CARE. 423. RECORDS OF PURCHASE AND SALE. 424. LICENSES. 425. LICENSE REFUSAL, SUSPENSION OR REVOCATION. 426. INSPECTION OF BREEDERS. 427. VIOLATIONS. 428. CONSTRUCTION WITH OTHER LAWS. S 420. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "ANIMAL" MEANS A DOG OR A CAT. 2. "CONSUMER" MEANS ANY INDIVIDUAL PURCHASING AN ANIMAL FROM A BREED- ER. A BREEDER SHALL NOT BE CONSIDERED A CONSUMER. 3. "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, MUNICIPALITY OR OTHER LEGAL ENTITY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01199-03-6

A. 3537--A 2 4. "BREEDER" MEANS ANY PERSON WHO BREEDS THREE OF MORE ANIMALS FOR SALE PER YEAR FOR PROFIT. SUCH TERM SHALL NOT INCLUDE DULY INCORPORATED HUMANE SOCIETIES DEDICATED TO THE CARE OF UNWANTED ANIMALS WHICH MAKE SUCH ANIMALS AVAILABLE FOR ADOPTION WHETHER OR NOT A FEE FOR SUCH ADOPTION IS CHARGED. S 421. PREEMPTION OF LOCAL LAWS. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL MUNICIPALITIES, INCLUDING CITIES WITH A POPULATION OF ONE MILLION OR MORE, AND SHALL SUPERSEDE ANY LOCAL LAW, RULE, REGULATION OR ORDINANCE REGULATING OR LICENSING BREEDERS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY MUNICIPALITY FROM ENFORCING ANY LOCAL LAW, RULE, REGULATION OR ORDINANCE OF GENERAL APPLICATION TO BUSINESSES GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS OF CONSUMERS. S 422. MINIMUM STANDARDS OF ANIMAL CARE. BREEDERS SHALL COMPLY WITH THE FOLLOWING MINIMUM STANDARDS OF CARE FOR EVERY ANIMAL IN THEIR CUSTO- DY OR POSSESSION. 1. HOUSING. (A) ANIMALS SHALL BE HOUSED IN PRIMARY ENCLOSURES OR CAGES, WHICH SHALL BE CONSTRUCTED SO AS TO BE STRUCTURALLY SOUND. SUCH ENCLOSURES SHALL BE MAINTAINED IN GOOD REPAIR TO CONTAIN THE ANIMAL HOUSED INSIDE AND PROTECT IT FROM INJURY. SURFACES SHALL HAVE AN IMPER- VIOUS SURFACE SO AS NOT TO PERMIT THE ABSORPTION OF FLUIDS AND WHICH CAN BE THOROUGHLY AND REPEATEDLY CLEANED AND DISINFECTED WITHOUT RETAINING ODORS. (B) PRIMARY ENCLOSURES OR CAGES HOUSING THE ANIMALS SHALL PROVIDE SUFFICIENT SPACE TO ALLOW EACH ANIMAL ADEQUATE FREEDOM OF MOVEMENT TO MAKE NORMAL POSTURAL ADJUSTMENTS, INCLUDING THE ABILITY TO STAND UP, TURN AROUND, AND LIE DOWN WITH ITS LIMBS OUTSTRETCHED. IF THE FLOORING IS CONSTRUCTED OF METAL STRANDS, SUCH STRANDS SHALL EITHER BE GREATER THAN ONE-EIGHTH INCH IN DIAMETER (NINE GAUGE WIRE) OR SHALL BE COATED WITH MATERIAL SUCH AS PLASTIC OR FIBERGLASS, AND SHALL BE CONSTRUCTED SO AS TO NOT ALLOW PASSAGE OF THE ANIMAL'S FEET THROUGH ANY OPENING IN THE FLOOR OF THE ENCLOSURE. SUCH FLOORING SHALL NOT SAG OR BEND SUBSTANTIAL- LY BETWEEN STRUCTURAL SUPPORTS. (C) HOUSING FACILITIES SHALL BE ADEQUATELY VENTILATED AT ALL TIMES TO PROVIDE FOR THE HEALTH AND WELL-BEING OF THE ANIMAL. VENTILATION SHALL BE PROVIDED BY NATURAL OR MECHANICAL MEANS, SUCH AS WINDOWS, VENTS, FANS, OR AIR CONDITIONERS. VENTILATION SHALL BE ESTABLISHED TO MINIMIZE DRAFTS, ODORS, AND MOISTURE CONDENSATION. (D) THE TEMPERATURE SURROUNDING THE ANIMAL SHALL BE COMPATIBLE WITH THE HEALTH AND WELL-BEING OF THE ANIMAL. TEMPERATURE SHALL BE REGULATED BY HEATING AND COOLING TO SUFFICIENTLY PROTECT EACH ANIMAL FROM EXTREMES OF TEMPERATURE AND SHALL NOT BE PERMITTED TO FALL BELOW OR RISE ABOVE RANGES WHICH WOULD POSE A HEALTH HAZARD TO THE ANIMAL. THIS SHALL INCLUDE SUPPLYING SHADE FROM SUNLIGHT BY NATURAL OR ARTIFICIAL MEANS. (E) THE INDOOR FACILITIES HOUSING THE ANIMALS SHALL BE PROVIDED WITH ADEQUATE LIGHTING SUFFICIENT TO PERMIT ROUTINE INSPECTION AND CLEANING AND BE ARRANGED SO THAT EACH ANIMAL IS PROTECTED FROM EXCESSIVE ILLUMI- NATION WHICH POSES A HEALTH HAZARD TO THE ANIMAL. (F) THE INDOOR AND OUTDOOR FACILITIES HOUSING THE ANIMALS, INCLUDING THE PRIMARY ENCLOSURE OR CAGE, SHALL BE DESIGNED TO ALLOW FOR THE EFFI- CIENT ELIMINATION OF ANIMAL WASTE AND WATER IN ORDER TO KEEP THE ANIMAL DRY AND PREVENT THE ANIMAL FROM COMING INTO CONTACT WITH THESE SUBSTANCES. IF DRAINS ARE USED THEY SHALL BE CONSTRUCTED IN A MANNER TO MINIMIZE FOUL ODORS AND BACKUPS OF SEWAGE. IF A DRAINAGE SYSTEM IS USED IT SHALL COMPLY WITH FEDERAL, STATE AND LOCAL LAWS RELATING TO POLLUTION CONTROL. A. 3537--A 3 (G) IN THE EVENT THAT A BREEDER HAS A PREGNANT OR NURSING DOG ON HIS OR HER PREMISES, THE BREEDER SHALL PROVIDE A WHELPING BOX FOR SUCH DOG. 2. SANITATION. HOUSING FACILITIES, INCLUDING PRIMARY ENCLOSURES AND CAGES, SHALL BE KEPT IN A CLEAN CONDITION IN ORDER TO MAINTAIN A HEALTHY ENVIRONMENT FOR THE ANIMAL. THIS SHALL INCLUDE REMOVING AND DESTROYING ANY AGENTS INJURIOUS TO THE HEALTH OF THE ANIMAL AND PERIODIC CLEANING. THE PRIMARY ENCLOSURE OR CAGE SHALL BE CONSTRUCTED SO AS TO ELIMINATE EXCESS WATER, EXCRETIONS, AND WASTE MATERIAL. UNDER NO CIRCUMSTANCES SHALL THE ANIMAL REMAIN INSIDE THE PRIMARY ENCLOSURE OR CAGE WHILE IT IS BEING CLEANED WITH STERILIZING AGENTS OR AGENTS TOXIC TO ANIMALS OR CLEANED IN A MANNER LIKELY TO THREATEN THE HEALTH AND SAFETY OF THE ANIMAL. TRASH AND WASTE PRODUCTS ON THE PREMISES SHALL BE PROPERLY CONTAINED AND DISPOSED OF SO AS TO MINIMIZE THE RISKS OF DISEASE, CONTAMINATION, AND VERMIN. 3. FEEDING AND WATERING. (A) ANIMALS SHALL BE PROVIDED WITH WHOLESOME AND PALATABLE FOOD, FREE FROM CONTAMINATION AND OF NUTRITIONAL VALUE SUFFICIENT TO MAINTAIN EACH ANIMAL IN GOOD HEALTH. (B) ANIMALS SHALL BE ADEQUATELY FED AT INTERVALS NOT TO EXCEED TWELVE HOURS OR AT LEAST TWICE IN ANY TWENTY-FOUR HOUR PERIOD IN QUANTITIES APPROPRIATE FOR THE ANIMAL SPECIES' AGE, UNLESS DETERMINED OTHERWISE BY AND UNDER THE DIRECTION OF A DULY LICENSED VETERINARIAN. (C) FOOD RECEPTACLES SHALL BE PROVIDED IN SUFFICIENT NUMBER, OF ADEQUATE SIZE, AND SO LOCATED AS TO ENABLE EACH ANIMAL IN THE PRIMARY ENCLOSURE OR CAGE TO BE SUPPLIED WITH AN ADEQUATE AMOUNT OF FOOD. (D) ANIMALS SHALL BE PROVIDED WITH REGULAR ACCESS TO CLEAN, FRESH WATER, SUPPLIED IN A SANITARY MANNER SUFFICIENT FOR ITS NEEDS, EXCEPT WHEN THERE ARE INSTRUCTIONS FROM A DULY LICENSED VETERINARIAN TO WITH- HOLD WATER FOR MEDICAL REASONS. 4. HANDLING. EACH ANIMAL SHALL BE HANDLED IN A HUMANE MANNER SO AS NOT TO CAUSE THE ANIMAL PHYSICAL INJURY OR HARM. 5. VETERINARY CARE. (A) ALL ANIMALS SHALL BE INOCULATED AS REQUIRED BY STATE OR LOCAL LAW. VETERINARY CARE APPROPRIATE TO THE SPECIES SHALL BE PROVIDED WITHOUT UNDUE DELAY WHEN NECESSARY. EACH ANIMAL SHALL BE OBSERVED EACH DAY BY THE BREEDER OR BY A PERSON WORKING UNDER THE BREEDER'S SUPERVISION. (B) IF AN ANIMAL SUFFERS FROM A CONGENITAL OR HEREDITARY CONDITION, DISEASE OR ILLNESS WHICH, IN THE PROFESSIONAL OPINION OF THE BREEDER'S VETERINARIAN, REQUIRES EUTHANASIA, THE VETERINARIAN SHALL HUMANELY EUTHANIZE SUCH ANIMAL WITHOUT UNDUE DELAY. (C) IN THE EVENT AN ANIMAL IS RETURNED TO A BREEDER DUE TO A CONGEN- ITAL OR HEREDITARY CONDITION, ILLNESS, OR DISEASE REQUIRING VETERINARY CARE, THE BREEDER SHALL, WITHOUT UNDUE DELAY, PROVIDE THE ANIMAL WITH THE PROPER VETERINARY CARE. 6. HUMANE EUTHANASIA. HUMANE EUTHANASIA OF AN ANIMAL SHALL BE CARRIED OUT IN ACCORDANCE WITH SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAP- TER. S 423. RECORDS OF PURCHASE AND SALE. EACH BREEDER SHALL KEEP AND MAIN- TAIN RECORDS FOR EACH ANIMAL PURCHASED, ACQUIRED, HELD, SOLD OR OTHER- WISE DISPOSED OF. THE RECORDS SHALL INCLUDE THE FOLLOWING: 1. THE NAME AND ADDRESS OF THE PERSON FROM WHOM EACH ANIMAL WAS ACQUIRED. IF THE PERSON FROM WHOM THE ANIMAL WAS OBTAINED IS A BREEDER LICENSED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE, THE PERSON'S NAME, ADDRESS, AND FEDERAL BREEDER IDENTIFICATION NUMBER. IN THE CASE OF CATS, IF A CAT IS PLACED IN THE CUSTODY OR POSSESSION OF THE BREEDER AND THE SOURCE OF ORIGIN IS UNKNOWN, THE BREEDER SHALL STATE THAT THE SOURCE OF ORIGIN IS UNKNOWN, ACCOMPANIED BY THE DATE, TIME, AND LOCATION OF A. 3537--A 4 RECEIPT. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, NO BREEDER SHALL KNOWINGLY BUY, SELL, EXHIBIT, TRANSPORT, OR OFFER FOR SALE, EXHI- BITION OR TRANSPORTATION ANY STOLEN ANIMAL. NO BREEDER SHALL KNOWINGLY SELL ANY CAT OR DOG YOUNGER THAN EIGHT WEEKS OF AGE. 2. THE ORIGINAL SOURCE OF EACH ANIMAL IF DIFFERENT THAN THE PERSON RECORDED IN SUBDIVISION ONE OF THIS SECTION. 3. THE DATE EACH ANIMAL WAS ACQUIRED. 4. A DESCRIPTION OF EACH ANIMAL SHOWING AGE, COLOR, MARKINGS, SEX, BREED, AND ANY INOCULATION, WORMING OR OTHER VETERINARY TREATMENT OR MEDICATION INFORMATION AVAILABLE. RECORDS SHALL ALSO INCLUDE ANY OTHER SIGNIFICANT IDENTIFICATION, IF KNOWN, FOR EACH ANIMAL, INCLUDING ANY OFFICIAL TAG NUMBER, TATTOO OR IMPLANT. 5. THE NAME AND ADDRESS OF THE PERSON TO WHOM ANY ANIMAL IS SOLD, GIVEN OR BARTERED, OR TO WHOM IT IS OTHERWISE TRANSFERRED OR DELIVERED. THE RECORDS SHALL INDICATE THE DATE AND METHOD OF DISPOSITION. 6. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A PERIOD OF TWO YEARS FROM THE DATE OF SALE OR TRANSFER, WHICHEVER OCCURS LATER. DURING NORMAL BUSINESS HOURS, THE RECORDS SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO ENFORCE THE PROVISIONS OF THIS ARTICLE. S 424. LICENSES. 1. NO PERSON SHALL OPERATE AS A BREEDER UNLESS SUCH PERSON HOLDS A LICENSE ISSUED THEREFOR BY THE COMMISSIONER. NOTWITH- STANDING THE FORGOING, A BREEDER, IN OPERATION ON OR BEFORE THE EFFEC- TIVE DATE OF THIS SECTION, WHO HAS FILED AN APPLICATION FOR AN INITIAL LICENSE UNDER THIS ARTICLE SHALL BE AUTHORIZED TO OPERATE WITHOUT SUCH LICENSE UNTIL THE COMMISSIONER GRANTS OR, AFTER NOTICE AND OPPORTUNITY TO BE HEARD, DECLINES TO GRANT SUCH LICENSE. EACH APPLICATION FOR A LICENSE SHALL BE MADE ON A FORM SUPPLIED BY THE DEPARTMENT AND SHALL CONTAIN SUCH INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT. RENEWAL APPLICATIONS SHALL BE SUBMITTED TO THE COMMISSIONER AT LEAST THIRTY DAYS PRIOR TO THE COMMENCEMENT OF THE NEXT LICENSE YEAR. 2. THE COMMISSIONER MAY DELEGATE HIS OR HER AUTHORITY PURSUANT TO THIS SECTION TO ISSUE BREEDER LICENSES TO THE COUNTY OR CITY WHERE THE BREED- ER IS SEEKING LICENSURE IS LOCATED. SUCH DELEGATION SHALL BE PURSUANT TO AN AGREEMENT ENTERED INTO BY THE COMMISSIONER AND SUCH CITY OR COUNTY. 3. EACH APPLICATION FOR A LICENSE SHALL BE ACCOMPANIED BY A NON-RE- FUNDABLE FEE OF ONE HUNDRED DOLLARS, EXCEPT THAT THOSE BREEDERS WHO ENGAGE IN THE SALE OF LESS THAN TWENTY-FIVE ANIMALS IN A YEAR, SHALL PAY A NON-REFUNDABLE FEE OF TWENTY-FIVE DOLLARS. 4. THE MONEYS RECEIVED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN THE "BREEDER LICENSING FUND" ESTABLISHED PURSUANT TO SECTION NINETY-EIGHT-D OF THE STATE FINANCE LAW. 5. WHERE THE AUTHORITY TO ISSUE BREEDER LICENSES IS DELEGATED TO A COUNTY OR CITY PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THAT COUNTY OR CITY SHALL, ON OR BEFORE THE FIFTH DAY OF EACH MONTH, REMIT TO THE APPROPRIATE MUNICIPAL FINANCIAL OFFICER ONE HUNDRED PERCENT OF ALL LICENSE FEES COLLECTED DURING THE PRECEDING MONTH. THE REMITTANCE SHALL BE ACCOMPANIED BY A REPORT OF LICENSE SALES MADE DURING SUCH MONTH. A COPY OF SUCH REPORT SHALL SIMULTANEOUSLY BE SENT TO THE COMMISSIONER. ALL LICENSE FEES SO REMITTED SHALL BE THE PROPERTY OF THE MUNICIPALITY, AND SHALL BE USED SOLELY FOR THE PURPOSE OF CARRYING OUT AND ENFORCING THE PROVISIONS OF THIS ARTICLE AND OF ARTICLE THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW. 6. INSPECTION IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE, THE RESULTS OF WHICH ESTABLISH COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND WITH THE PROVISIONS OF ARTICLE THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW REGARDING RECORDKEEPING AND A. 3537--A 5 CONSUMER DISCLOSURE REQUIREMENTS FOR BREEDERS, SHALL PRECEDE ISSUANCE OF A LICENSE OR RENEWAL THEREOF UNDER THIS SECTION. 7. UPON VALIDATION BY THE COMMISSIONER OR THE COUNTY OR CITY AUTHOR- IZED UNDER THIS SECTION TO ISSUE BREEDER LICENSES, THE APPLICATION SHALL BECOME THE LICENSE OF THE BREEDER. 8. THE COMMISSIONER SHALL PROVIDE A COPY OF THE LICENSE TO THE BREED- ER. THE COMMISSIONER SHALL ALSO RETAIN A COPY OF THE LICENSE. IN THOSE COUNTIES WHERE THE COMMISSIONER HAS DELEGATED THE LICENSING AUTHORITY TO THE COUNTY OR CITY THAT COUNTY OR CITY SHALL, PROVIDE A COPY OF THE LICENSE TO THE BREEDER AND A COPY TO THE COMMISSIONER. THE COUNTY OR CITY SHALL ALSO RETAIN A COPY OF THE LICENSE IN ITS OWN RECORDS. 9. NO BREEDER SHALL PUBLISH OR ADVERTISE THE SALE OR AVAILABILITY OF ANY DOG OR CAT UNLESS THE PUBLICATION OR ADVERTISEMENT IS ACCOMPANIED BY THE BREEDER'S LICENSE NUMBER. NOTWITHSTANDING THE FOREGOING, A BREEDER, IN OPERATION ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION, WHO HAS FILED AN APPLICATION FOR THE INITIAL LICENSE UNDER THIS ARTICLE MAY PUBLISH OR ADVERTISE THE SALE OF AVAILABILITY OF ANY ANIMAL WITHOUT THE PUBLICATION OR ADVERTISEMENT BEING ACCOMPANIED BY THE BREEDER'S LICENSE NUMBER UNTIL THE COMMISSIONER GRANTS OR, AFTER NOTICE AND OPPORTUNITY TO BE HEARD, DECLINES TO GRANT SUCH LICENSE. 10. SUCH LICENSE SHALL BE RENEWABLE ANNUALLY, TOGETHER WITH THE PAYMENT OF A NON-REFUNDABLE FEE OF ONE HUNDRED DOLLARS, OR UPON PAYMENT OF A NON-REFUNDABLE FEE OF TWENTY-FIVE DOLLARS FOR THOSE BREEDERS WHO ENGAGE IN THE SALE OF LESS THAN TWENTY-FIVE ANIMALS IN A YEAR. 11. BREEDERS SHALL CONSPICUOUSLY DISPLAY THEIR LICENSE ON THE PREMISES WHERE THE ANIMALS ARE KEPT FOR SALE SO THAT THEY MAY BE READILY SEEN BY POTENTIAL CONSUMERS. S 425. LICENSE REFUSAL, SUSPENSION OR REVOCATION. THE COMMISSIONER MAY DECLINE TO GRANT OR RENEW OR MAY SUSPEND OR REVOKE A BREEDER LICENSE, ON ANY OF THE FOLLOWING GROUNDS: 1. MATERIAL MISSTATEMENT IN LICENSE APPLICATION; OR 2. MATERIAL MISSTATEMENT IN OR FALSIFICATION OF RECORDS REQUIRED TO BE KEPT PURSUANT TO THIS ARTICLE OR UNDER ANY REGULATION PROMULGATED THERE- UNDER, OR FAILURE TO ALLOW THE COMMISSIONER OR HIS OR HER AUTHORIZED AGENTS TO INSPECT RECORDS OR BREEDER FACILITIES. 3. VIOLATION OF ANY PROVISION OF THIS ARTICLE OR CONVICTION OF A VIOLATION OF ANY PROVISION OF ARTICLE TWENTY-SIX OF THIS CHAPTER OR REGULATIONS PROMULGATED THEREUNDER PERTAINING TO HUMANE TREATMENT OF ANIMALS, CRUELTY TO ANIMALS, ENDANGERING THE LIFE OR HEALTH OF AN ANIMAL, OR VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAW PERTAINING TO THE CARE, TREATMENT, SALE, POSSESSION OR HANDLING OF ANIMALS OR ANY REGULATION OR RULE PROMULGATED PURSUANT THERETO RELATING TO THE ENDAN- GERMENT OF THE LIFE OR HEALTH OF AN ANIMAL. 4. BEFORE ANY LICENSE SHALL BE SUSPENDED OR REVOKED, THE COMMISSIONER, OR ANY HEARING OFFICER HE OR SHE MAY DESIGNATE, SHALL HOLD A HEARING OR UPON DUE NOTICE TO THE LICENSEE, IN ACCORDANCE WITH ANY REGULATIONS PROMULGATED BY THE DEPARTMENT AND IN ACCORDANCE WITH ARTICLES THREE AND FOUR OF THE STATE ADMINISTRATIVE PROCEDURE ACT. 5. ANY ACTION OF THE COMMISSIONER SHALL BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. S 426. INSPECTION OF BREEDERS. THE BREEDER SHALL, AT THE BREEDER'S EXPENSE, HAVE A VETERINARIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-FIVE OF THE EDUCATION LAW AT A MINIMUM OF SIX MONTH INTERVALS INSPECT HIS OR HER RECORDS, FACILITIES AND ANIMALS TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE. THE VETERINARIAN ENGAGED IN THIS A. 3537--A 6 INSPECTION SHALL CERTIFY THAT THE BREEDER IS IN COMPLIANCE WITH THIS SECTION AND THAT THE VETERINARIAN DOES NOT OTHERWISE PROVIDE VETERINARY SERVICES TO OR HAVE A FINANCIAL INTEREST WITH THE BREEDER. S 427. VIOLATIONS. 1. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SECTION, A BREEDER WHO VIOLATES ANY PROVISIONS OF THIS ARTICLE MAY BE SUBJECT TO THE DENIAL, REVOCATION, SUSPENSION OR REFUSAL OF RENEWAL OF HIS OR HER LICENSE IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE. 2. VIOLATION OF ANY PROVISION IN THIS ARTICLE, IS A CIVIL OFFENSE, FOR WHICH A PENALTY OF NOT LESS THAN FIFTY DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED. 3. THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED CONCURRENTLY BY THE DEPARTMENT AND BY A COUNTY OR CITY TO WHICH THE COMMISSIONER HAS DELEG- ATED HIS OR HER LICENSING AND INSPECTION AUTHORITY PURSUANT TO SECTIONS FOUR HUNDRED TWENTY-FOUR AND FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE, AND ALL MONEYS COLLECTED THEREAFTER SHALL BE RETAINED BY SUCH MUNICI- PALITY OR LOCAL GOVERNMENT. S 428. CONSTRUCTION WITH OTHER LAWS. 1. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT AGENTS OR OFFICERS OF SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS OR THE POLICE FROM ENFORCING OTHER PROVISIONS OF ARTICLE TWENTY-SIX OF THIS CHAPTER OR ANY OTHER LAW RELAT- ING TO THE HUMANE TREATMENT OF OR CRUELTY TO ANIMALS. 2. THE PROVISIONS OF THIS ARTICLE SHALL NOT PERTAIN TO NOT-FOR-PROFIT ORGANIZATIONS. S 2. The state finance law is amended by adding a new section 98-d to read as follows: S 98-D. BREEDER LICENSING FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE "BREEDER LICENSING FUND". 2. SUCH FUND SHALL CONSIST OF ALL MONIES COLLECTED PURSUANT TO ARTICLE TWENTY-SIX-C OF THE AGRICULTURE AND MARKETS LAW, EXCEPT FOR MONIES COLLECTED PURSUANT TO SUBDIVISION FIVE OF SECTION FOUR HUNDRED TWENTY-FOUR OF SUCH ARTICLE, AND ALL OTHER MONIES CREDITED OR TRANS- FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. 3. MONIES OF THE FUND SHALL BE EXPENDED SOLELY FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF ARTICLE THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW AND ARTICLE TWENTY-SIX-C OF THE AGRICULTURE AND MARKETS LAW. MONIES SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER OF AGRI- CULTURE AND MARKETS. ANY INTEREST RECEIVED BY THE COMPTROLLER ON MONIES ON DEPOSIT IN THE BREEDER LICENSING FUND SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND. S 3. Section 401 of the agriculture and markets law is amended by adding a new subdivision 8 to read as follows: 8. SELLING PETS. PET DEALERS SHALL ONLY SELL PETS OBTAINED FROM LICENSED BREEDERS PURSUANT TO ARTICLE TWENTY-SIX-C OF THIS CHAPTER. S 4. Subdivision 6 of section 402 of the agriculture and markets law is renumbered subdivision 7 and a new subdivision 6 is added to read as follows: 6. FOR ALL ANIMALS BOUGHT BY THE PET DEALER, THE PET DEALER MUST HAVE A RECORD THAT SUCH PURCHASE CAME FROM A BREEDER WHICH IS EITHER LICENSED OR EXEMPT PURSUANT TO ARTICLE TWENTY-SIX-C OF THIS CHAPTER. S 5. This act shall take effect April 1, 2018; provided, however, that any rules and/or regulations necessary for the timely implementation of this act on its effective date shall be promulgated on or before such date.

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2016	print number 3432b amend (t) and recommit to transportation
Jan 29, 2016	print number 3432a amend and recommit to transportation
Jan 06, 2016	referred to transportation
Jan 22, 2015	referred to transportation

Assembly Actions - Lowercase
Senate Actions - UPPERCASE

Jun 09, 2016

print number 3432b
amend (t) and recommit to transportation

Jan 29, 2016

print number 3432a
amend and recommit to transportation

Jan 06, 2016

referred to transportation

Jan 22, 2015

referred to transportation

S T A T E O F N E W Y O R K ________________________________________________________________________ 3432 2015-2016 Regular Sessions I N A S S E M B L Y January 22, 2015 ___________ Introduced by M. of A. LUPARDO -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law and the penal law, in relation to distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi- cle and traffic law, as separately amended by chapters 196 and 688 of the laws of 1996 and subparagraph 3 as amended by chapter 345 of the laws of 2007, is amended to read as follows: (a) Where a county establishes a special traffic options program for driving while intoxicated, pursuant to this section, it shall receive fines [and], forfeitures, AND ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND SIXTEEN, MANDATORY SURCHARGES SET FORTH IN SECTIONS EIGHTEEN HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER, collected by any court, judge, magistrate or other officer within that county, including, where appropriate, a hearing officer acting on behalf of the commissioner[,]: (1) imposed for violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivision two or subparagraph (i) of para- graph (a) of subdivision three of section five hundred eleven of this chapter; (2) imposed in accordance with the provisions of section eleven hundred ninety-three, PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX, SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT, and civil penalties imposed pursuant to subdivision two of section eleven hundred ninety-four-a of this article, including, where appropriate, a hearing officer acting on behalf of the commissioner, from violations of sections eleven hundred ninety-two, eleven hundred ninety-two-a and findings made under section eleven hundred ninety-four-a of this article; and (3) imposed upon a conviction for: aggravated vehicular assault, pursuant to section 120.04-a of the penal EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06352-01-5

A. 3432 2 law; vehicular assault in the first degree, pursuant to section 120.04 of the penal law; vehicular assault in the second degree, pursuant to section 120.03 of the penal law; aggravated vehicular homicide, pursuant to section 125.14 of the penal law; vehicular manslaughter in the first degree, pursuant to section 125.13 of the penal law; and vehicular manslaughter in the second degree, pursuant to section 125.12 of the penal law, as provided in section eighteen hundred three of this chap- ter. Upon receipt of these moneys, the county shall deposit them in a separate account entitled "special traffic options program for driving while intoxicated," and they shall be under the exclusive care, custody, and control of the chief fiscal officer of each county participating in the program. S 2. Paragraphs (b) and (c) of subdivision 5 of section 1197 of the vehicle and traffic law, as added by chapter 47 of the laws of 1988, are amended to read as follows: (b) Receive proposals from county, town, city or village agencies or non-governmental groups for activities related to alcohol traffic safety, INCLUDING THE IMPLEMENTATION OF THE IGNITION INTERLOCK PROGRAM AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, and to submit them to the county board of legislators or other such govern- ing body, together with a recommendation for funding of the activity if deemed appropriate. (c) Cooperate with and assist local officials within the county in the formulation and execution of alcohol traffic safety programs including enforcement, adjudication, rehabilitation [and], education AND IMPLEMEN- TATION OF THE IGNITION INTERLOCK PROGRAM AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE. S 3. The opening paragraph of subdivision 9 of section 1803 of the vehicle and traffic law, as amended by chapter 345 of the laws of 2007, is amended to read as follows: Where a county establishes a special traffic options program for driv- ing while intoxicated, approved by the commissioner [of motor vehicles], pursuant to section eleven hundred ninety-seven of this chapter, all fines, penalties [and], forfeitures, AND ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND SIXTEEN, MANDATORY SURCHARGES SET FORTH IN SECTIONS EIGHTEEN HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS ARTICLE: (A) IMPOSED AND collected [from] FOR violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of subdivision three of section five hundred eleven[, all fines, penalties and forfeitures] OF THIS CHAPTER; (B) imposed AND COLLECTED in accordance with section eleven hundred ninety-three of this chapter [collected from] FOR violations of section eleven hundred nine- ty-two of this chapter; [and any fines or forfeitures] (C) IMPOSED AND COLLECTED FOR VIOLATIONS OF PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER OR FOR VIOLATIONS OF SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER; (D) collected by any court, judge, magistrate or other officer imposed upon a conviction for: aggravated vehicular assault, pursuant to section 120.04-a of the penal law; vehicular assault in the first degree, pursu- ant to section 120.04 of the penal law; vehicular assault in the second degree, pursuant to section 120.03 of the penal law; aggravated vehicu- lar homicide, pursuant to section 125.14 of the penal law; vehicular manslaughter in the first degree, pursuant to section 125.13 of the penal law; and vehicular manslaughter in the second degree, pursuant to section 125.12 of the penal law; and (E) civil penalties imposed pursu- A. 3432 3 ant to subdivision two of section eleven hundred ninety-four-a of this chapter, shall be paid to such county. S 4. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic law, as added by section 37 of part J of chapter 62 of the laws of 2003, are amended to read as follows: 1. Notwithstanding any other provision of law, whenever proceedings in a court of this state result in a conviction pursuant to: (A) section eleven hundred ninety-two of this chapter; (B) SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA- GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER; (C) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER; OR (D) SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of twenty-five dollars. 2. The additional surcharge provided for in subdivision one of this section shall be paid to the clerk of the court that rendered the conviction. Within the first ten days of the month following collection of the surcharge the collecting authority shall determine the amount of surcharge collected and it shall pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the general fund; PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND SIXTEEN, SUCH SURCHARGE SHALL BE PAID TO THE COUNTY WHERE THE CONVICTION WAS RENDERED. S 5. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e of the vehicle and traffic law, as added by section 1 of part EE of chapter 56 of the laws of 2008, are amended to read as follows: b. Notwithstanding any other provision of law, whenever proceedings in a court of this state result in a conviction pursuant to: (1) section eleven hundred ninety-two of this chapter; (2) SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA- GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER; (3) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER; OR (4) SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of one hundred seventy dollars. 2. The additional surcharges provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribu- nal that rendered the conviction. Within the first ten days of the month following collection of such surcharges, the collecting authority shall pay such money to the state comptroller [to be deposited to] WHO SHALL DEPOSIT SUCH MONEY IN THE STATE TREASURY PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE OF THE STATE FINANCE LAW TO THE CREDIT OF the general fund; PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND SIXTEEN, ANY SUCH SURCHARGE COLLECTED PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION SHALL BE PAID TO THE COUNTY WHERE THE CONVICTION WAS RENDERED. S 6. Subdivision 3 of section 60.35 of the penal law, as amended by section 1 of part E of chapter 56 of the laws of 2004, is amended to read as follows: A. 3432 4 3. The mandatory surcharge, sex offender registration fee, DNA data- bank fee, crime victim assistance fee, and supplemental sex offender victim fee provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribunal that rendered the conviction. Within the first ten days of the month following collection of the mandatory surcharge, crime victim assistance fee, and supple- mental sex offender victim fee, the collecting authority shall determine the amount of mandatory surcharge, crime victim assistance fee, and supplemental sex offender victim fee collected and, if [it] THE COLLECT- ING AUTHORITY is an administrative tribunal[,] or a town or village justice court, it shall then pay such money to the state comptroller who, UNLESS OTHERWISE AUTHORIZED PURSUANT TO THE OPENING PARAGRAPH OF SUBDIVISION NINE OF SECTION EIGHTEEN HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the criminal justice improvement account established by section ninety- seven-bb of the state finance law. Within the first ten days of the month following collection of the sex offender registration fee and DNA databank fee, the collecting authority shall determine the amount of the sex offender registration fee and DNA databank fee collected and, if it is an administrative tribunal, or a town or village justice court, it shall then pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twen- ty-one of the state finance law to the credit of the general fund. If such collecting authority is any other court of the unified court system, it shall, within such period, UNLESS OTHERWISE AUTHORIZED PURSU- ANT TO THE OPENING PARAGRAPH OF SUBDIVISION NINE OF SECTION EIGHTEEN HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, pay such money attribut- able to the mandatory surcharge or crime victim assistance fee to the state commissioner of taxation and finance to the credit of the criminal justice improvement account established by section ninety-seven-bb of the state finance law. If such collecting authority is any other court of the unified court system, it shall, within such period, pay such money attributable to the sex offender registration fee and the DNA databank fee to the state commissioner of taxation and finance to the credit of the general fund. S 7. This act shall take effect immediately, provided, however, the provisions of sections one, three, four and five of this act shall take effect on the sixtieth day after it shall have become a law, and provided further, however, that section six of this act shall take effect on the first of April, 2016.

S T A T E O F N E W Y O R K ________________________________________________________________________ 3432--A 2015-2016 Regular Sessions I N A S S E M B L Y January 22, 2015 ___________ Introduced by M. of A. LUPARDO -- read once and referred to the Commit- tee on Transportation -- recommitted to the Committee on Transporta- tion 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 vehicle and traffic law and the penal law, in relation to distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi- cle and traffic law, as separately amended by chapters 196 and 688 of the laws of 1996 and subparagraph 3 as amended by chapter 345 of the laws of 2007, is amended to read as follows: (a) Where a county establishes a special traffic options program for driving while intoxicated, pursuant to this section, it shall receive fines [and], forfeitures, AND ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND SEVENTEEN, MANDATORY SURCHARGES SET FORTH IN SECTIONS EIGHTEEN HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER, collected by any court, judge, magistrate or other officer within that county, including, where appropriate, a hearing officer acting on behalf of the commissioner[,]: (1) imposed for violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivision two or subparagraph (i) of para- graph (a) of subdivision three of section five hundred eleven of this chapter; (2) imposed in accordance with the provisions of section eleven hundred ninety-three, PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX, SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT, and civil penalties imposed pursuant to subdivision two of section eleven hundred ninety-four-a of this article, including, where appropriate, a hearing officer acting on behalf of the commissioner, from violations of sections eleven hundred ninety-two, eleven hundred EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06352-03-6

A. 3432--A 2 ninety-two-a and findings made under section eleven hundred ninety-four-a of this article; and (3) imposed upon a conviction for: aggravated vehicular assault, pursuant to section 120.04-a of the penal law; vehicular assault in the first degree, pursuant to section 120.04 of the penal law; vehicular assault in the second degree, pursuant to section 120.03 of the penal law; aggravated vehicular homicide, pursuant to section 125.14 of the penal law; vehicular manslaughter in the first degree, pursuant to section 125.13 of the penal law; and vehicular manslaughter in the second degree, pursuant to section 125.12 of the penal law, as provided in section eighteen hundred three of this chap- ter. Upon receipt of these moneys, the county shall deposit them in a separate account entitled "special traffic options program for driving while intoxicated," and they shall be under the exclusive care, custody, and control of the chief fiscal officer of each county participating in the program. S 2. Paragraphs (b) and (c) of subdivision 5 of section 1197 of the vehicle and traffic law, as added by chapter 47 of the laws of 1988, are amended to read as follows: (b) Receive proposals from county, town, city or village agencies or non-governmental groups for activities related to alcohol traffic safety, INCLUDING THE IMPLEMENTATION OF THE IGNITION INTERLOCK PROGRAM AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, and to submit them to the county board of legislators or other such govern- ing body, together with a recommendation for funding of the activity if deemed appropriate. (c) Cooperate with and assist local officials within the county in the formulation and execution of alcohol traffic safety programs including enforcement, adjudication, rehabilitation [and], education AND IMPLEMEN- TATION OF THE IGNITION INTERLOCK PROGRAM AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE. S 3. The opening paragraph of subdivision 9 of section 1803 of the vehicle and traffic law, as amended by chapter 345 of the laws of 2007, is amended to read as follows: Where a county establishes a special traffic options program for driv- ing while intoxicated, approved by the commissioner [of motor vehicles], pursuant to section eleven hundred ninety-seven of this chapter, all fines, penalties [and], forfeitures, AND ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND SEVENTEEN, MANDATORY SURCHARGES SET FORTH IN SECTIONS EIGHTEEN HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS ARTICLE: (A) IMPOSED AND collected [from] FOR violations of subpara- graphs (ii) and (iii) of paragraph (a) of subdivision two or subpara- graph (i) of paragraph (a) of subdivision three of section five hundred eleven[, all fines, penalties and forfeitures] OF THIS CHAPTER; (B) imposed AND COLLECTED in accordance with section eleven hundred ninety- three of this chapter [collected from] FOR violations of section eleven hundred ninety-two of this chapter; [and any fines or forfeitures] (C) IMPOSED AND COLLECTED FOR VIOLATIONS OF PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER OR FOR VIOLATIONS OF SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER; (D) collected by any court, judge, magistrate or other officer imposed upon a conviction for: aggravated vehicular assault, pursuant to section 120.04-a of the penal law; vehicular assault in the first degree, pursuant to section 120.04 of the penal law; vehicular assault in the second degree, pursuant to section 120.03 of the penal law; aggravated vehicular homicide, pursuant to section 125.14 of the penal law; vehicular manslaughter in the first degree, pursuant to A. 3432--A 3 section 125.13 of the penal law; and vehicular manslaughter in the second degree, pursuant to section 125.12 of the penal law; and (E) civil penalties imposed pursuant to subdivision two of section eleven hundred ninety-four-a of this chapter, shall be paid to such county. S 4. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic law, as added by section 37 of part J of chapter 62 of the laws of 2003, are amended to read as follows: 1. Notwithstanding any other provision of law, whenever proceedings in a court of this state result in a conviction pursuant to: (A) section eleven hundred ninety-two of this chapter; (B) SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA- GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER; (C) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER; OR (D) SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of twenty-five dollars. 2. The additional surcharge provided for in subdivision one of this section shall be paid to the clerk of the court that rendered the conviction. Within the first ten days of the month following collection of the surcharge the collecting authority shall determine the amount of surcharge collected and it shall pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the general fund; PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND SEVENTEEN, SUCH SURCHARGE SHALL BE PAID TO THE COUNTY WHERE THE CONVICTION WAS RENDERED. S 5. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e of the vehicle and traffic law, as added by section 1 of part EE of chapter 56 of the laws of 2008, are amended to read as follows: b. Notwithstanding any other provision of law, whenever proceedings in a court of this state result in a conviction pursuant to: (1) section eleven hundred ninety-two of this chapter; (2) SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA- GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER; (3) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER; OR (4) SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of one hundred seventy dollars. 2. The additional surcharges provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribu- nal that rendered the conviction. Within the first ten days of the month following collection of such surcharges, the collecting authority shall pay such money to the state comptroller [to be deposited to] WHO SHALL DEPOSIT SUCH MONEY IN THE STATE TREASURY PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE OF THE STATE FINANCE LAW TO THE CREDIT OF the general fund; PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND SEVENTEEN, ANY SUCH SURCHARGE COLLECTED PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION SHALL BE PAID TO THE COUNTY WHERE THE CONVICTION WAS RENDERED. A. 3432--A 4 S 6. Subdivision 3 of section 60.35 of the penal law, as amended by section 1 of part E of chapter 56 of the laws of 2004, is amended to read as follows: 3. The mandatory surcharge, sex offender registration fee, DNA data- bank fee, crime victim assistance fee, and supplemental sex offender victim fee provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribunal that rendered the conviction. Within the first ten days of the month following collection of the mandatory surcharge, crime victim assistance fee, and supple- mental sex offender victim fee, the collecting authority shall determine the amount of mandatory surcharge, crime victim assistance fee, and supplemental sex offender victim fee collected and, if [it] THE COLLECT- ING AUTHORITY is an administrative tribunal[,] or a town or village justice court, it shall then pay such money to the state comptroller who, UNLESS OTHERWISE AUTHORIZED PURSUANT TO THE OPENING PARAGRAPH OF SUBDIVISION NINE OF SECTION EIGHTEEN HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the criminal justice improvement account established by section ninety- seven-bb of the state finance law. Within the first ten days of the month following collection of the sex offender registration fee and DNA databank fee, the collecting authority shall determine the amount of the sex offender registration fee and DNA databank fee collected and, if it is an administrative tribunal, or a town or village justice court, it shall then pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twen- ty-one of the state finance law to the credit of the general fund. If such collecting authority is any other court of the unified court system, it shall, within such period, UNLESS OTHERWISE AUTHORIZED PURSU- ANT TO THE OPENING PARAGRAPH OF SUBDIVISION NINE OF SECTION EIGHTEEN HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, pay such money attribut- able to the mandatory surcharge or crime victim assistance fee to the state commissioner of taxation and finance to the credit of the criminal justice improvement account established by section ninety-seven-bb of the state finance law. If such collecting authority is any other court of the unified court system, it shall, within such period, pay such money attributable to the sex offender registration fee and the DNA databank fee to the state commissioner of taxation and finance to the credit of the general fund. S 7. This act shall take effect immediately, provided, however, the provisions of sections one, three, four and five of this act shall take effect on the sixtieth day after it shall have become a law, and provided further, however, that section six of this act shall take effect on the first of April, 2017.

S T A T E O F N E W Y O R K ________________________________________________________________________ 3432--B 2015-2016 Regular Sessions I N A S S E M B L Y January 22, 2015 ___________ Introduced by M. of A. LUPARDO -- read once and referred to the Commit- tee on Transportation -- recommitted to the Committee on Transporta- tion in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amend- ments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions; and to amend the state finance law, in relation to estab- lishing an impaired driving safety fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi- cle and traffic law, as separately amended by chapters 196 and 688 of the laws of 1996 and subparagraph 3 as amended by chapter 345 of the laws of 2007, is amended to read as follows: (a) Where a county establishes a special traffic options program for driving while intoxicated, pursuant to this section, it shall receive fines and forfeitures collected by any court, judge, magistrate or other officer within that county, including, where appropriate, a hearing officer acting on behalf of the commissioner[,]: (1) imposed for violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivi- sion two or subparagraph (i) of paragraph (a) of subdivision three of section five hundred eleven of this chapter; (2) imposed in accordance with the provisions of section eleven hundred ninety-three, PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX, SUBDIVI- SION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT, and civil penalties imposed pursuant to subdivision two of section eleven hundred ninety- four-a of this article, including, where appropriate, a hearing officer acting on behalf of the commissioner, from violations of sections eleven hundred ninety-two, eleven hundred ninety-two-a and findings made under EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06352-04-6

A. 3432--B 2 section eleven hundred ninety-four-a of this article; and (3) imposed upon a conviction for: aggravated vehicular assault, pursuant to section 120.04-a of the penal law; vehicular assault in the first degree, pursu- ant to section 120.04 of the penal law; vehicular assault in the second degree, pursuant to section 120.03 of the penal law; aggravated vehicu- lar homicide, pursuant to section 125.14 of the penal law; vehicular manslaughter in the first degree, pursuant to section 125.13 of the penal law; and vehicular manslaughter in the second degree, pursuant to section 125.12 of the penal law, as provided in section eighteen hundred three of this chapter. Upon receipt of these moneys, the county shall deposit them in a separate account entitled "special traffic options program for driving while intoxicated," and they shall be under the exclusive care, custody, and control of the chief fiscal officer of each county participating in the program. S 2. The opening paragraph of subdivision 9 of section 1803 of the vehicle and traffic law, as amended by chapter 345 of the laws of 2007, is amended to read as follows: Where a county establishes a special traffic options program for driv- ing while intoxicated, approved by the commissioner [of motor vehicles], pursuant to section eleven hundred ninety-seven of this chapter, all fines, penalties and forfeitures: (A) IMPOSED AND collected [from] FOR violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivi- sion two or subparagraph (i) of paragraph (a) of subdivision three of section five hundred eleven[, all fines, penalties and forfeitures] OF THIS CHAPTER; (B) imposed AND COLLECTED in accordance with section elev- en hundred ninety-three of this chapter [collected from] FOR violations of section eleven hundred ninety-two of this chapter; [and any fines or forfeitures] (C) IMPOSED AND COLLECTED FOR VIOLATIONS OF PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAP- TER OR FOR VIOLATIONS OF SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER; (D) collected by any court, judge, magis- trate or other officer imposed upon a conviction for: aggravated vehicu- lar assault, pursuant to section 120.04-a of the penal law; vehicular assault in the first degree, pursuant to section 120.04 of the penal law; vehicular assault in the second degree, pursuant to section 120.03 of the penal law; aggravated vehicular homicide, pursuant to section 125.14 of the penal law; vehicular manslaughter in the first degree, pursuant to section 125.13 of the penal law; and vehicular manslaughter in the second degree, pursuant to section 125.12 of the penal law; and (E) civil penalties imposed pursuant to subdivision two of section elev- en hundred ninety-four-a of this chapter, shall be paid to such county. S 3. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic law, as added by section 37 of part J of chapter 62 of the laws of 2003, are amended to read as follows: 1. Notwithstanding any other provision of law, whenever proceedings in a court of this state result in a conviction pursuant to: (A) section eleven hundred ninety-two of this chapter; (B) SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA- GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER; (C) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER; OR (D) SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of twenty-five dollars. 2. The additional surcharge provided for in subdivision one of this section shall be paid to the clerk of the court that rendered the A. 3432--B 3 conviction. Within the first ten days of the month following collection of the surcharge the collecting authority shall determine the amount of surcharge collected and it shall pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the general fund; PROVIDED, HOWEVER, COMMENCING ON THE FIRST DAY OF APRIL, TWO THOUSAND SEVENTEEN AND EVERY FISCAL YEAR THEREAFTER, THE STATE COMP- TROLLER SHALL DEPOSIT SUCH MONEY TO THE CREDIT OF THE IMPAIRED DRIVING SAFETY FUND PURSUANT TO SECTION EIGHTY-NINE-I OF THE STATE FINANCE LAW AND SUCH MONEY SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE PROVISIONS OF SUCH SECTION. S 4. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e of the vehicle and traffic law, as added by section 1 of part EE of chapter 56 of the laws of 2008, are amended to read as follows: b. Notwithstanding any other provision of law, whenever proceedings in a court of this state result in a conviction pursuant to: (1) section eleven hundred ninety-two of this chapter; (2) SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA- GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER; (3) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER; OR (4) SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of one hundred seventy dollars. 2. The additional surcharges provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribu- nal that rendered the conviction. Within the first ten days of the month following collection of such surcharges, the collecting authority shall pay such money to the state comptroller to be deposited to the general fund; PROVIDED, HOWEVER, COMMENCING ON THE FIRST DAY OF APRIL, TWO THOU- SAND SEVENTEEN AND EVERY FISCAL YEAR THEREAFTER, THE STATE COMPTROLLER SHALL DEPOSIT SUCH MONEY TO THE CREDIT OF THE IMPAIRED DRIVING SAFETY FUND PURSUANT TO SECTION EIGHTY-NINE-I OF THE STATE FINANCE LAW AND SUCH MONEY SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE PROVISIONS OF SUCH SECTION. S 5. The state finance law is amended by adding a new section 89-i to read as follows: S 89-I. IMPAIRED DRIVING SAFETY FUND. 1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "IMPAIRED DRIVING SAFETY FUND". 2. SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE STATE FOR THE COLLECTION OF SURCHARGES IMPOSED PURSUANT TO SECTIONS EIGHTEEN HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THE VEHICLE AND TRAFFIC LAW AND ALL OTHER GRANTS, BEQUESTS OR OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. 3. MONEYS IN THE IMPAIRED DRIVING SAFETY FUND SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF MOTOR VEHICLES ONLY FOR THE COSTS ASSOCIATED WITH MONITORING PERSONS SUBJECT TO THE IGNITION INTERLOCK PROGRAM AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THE VEHICLE AND TRAFFIC LAW, AND FOR THE DISTRIBUTION OF ANNUAL GRANTS TO ELIGIBLE PROGRAMS ESTABLISHED PURSUANT TO SECTION ELEVEN HUNDRED NINETY-SEVEN OF THE VEHI- CLE AND TRAFFIC LAW EXCLUSIVELY FOR THE PURPOSES, FUNCTIONS AND DUTIES SET FORTH IN SECTION ELEVEN HUNDRED NINETY-SEVEN OF THE VEHICLE AND TRAFFIC LAW. 4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER A. 3432--B 4 OF MOTOR VEHICLES, INCLUDING ADVANCE OF FUNDS, IF NECESSARY, FOR COSTS INCURRED BY A COUNTY FOR MONITORING PERSONS SUBJECT TO THE IGNITION INTERLOCK PROGRAM. AT THE END OF EACH YEAR ANY MONEYS REMAINING IN THE FUND SHALL BE RETAINED IN THE FUND EXCLUSIVELY FOR THE PURPOSES SET FORTH HEREIN AND SHALL NOT REVERT TO THE GENERAL FUND. THE INTEREST AND INCOME EARNED ON MONEYS IN THE FUND AFTER DEDUCTING APPLICABLE CHARGES SHALL BE CREDITED TO THE FUND. S 6. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2016	print number 364a amend and recommit to ways and means
Jan 06, 2016	referred to ways and means
Jan 07, 2015	referred to ways and means

Assembly Actions - Lowercase
Senate Actions - UPPERCASE

Jan 29, 2016

print number 364a
amend and recommit to ways and means

Jan 06, 2016

referred to ways and means

Jan 07, 2015

referred to ways and means

S T A T E O F N E W Y O R K ________________________________________________________________________ 364 2015-2016 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2015 ___________ Introduced by M. of A. PRETLOW, FARRELL, SCHIMMINGER, COLTON, SCHIMEL -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to exempting low-emission and energy efficient vehicles from retail sales and compensating use taxes; 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. Subdivision (a) of section 1115 of the tax law is amended by adding a new paragraph 44 to read as follows: (44) LOW-EMISSION AND ENERGY EFFICIENT VEHICLES. FOR PURPOSES OF THIS PARAGRAPH, A "LOW-EMISSION AND ENERGY EFFICIENT VEHICLE" SHALL MEAN A VEHICLE CERTIFIED BY THE ADMINISTRATOR OF THE UNITED STATES ENVIRON- MENTAL PROTECTION AGENCY PURSUANT TO 23 U.S.C. S 166(F)(3). IF THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS NOT SO CERTIFIED ANY VEHICLE AS A LOW-EMISSION AND ENERGY EFFICIENT VEHICLE, THEN, UNTIL SUCH CERTIFICATION OCCURS, "LOW-EMISSION AND ENERGY EFFICIENT VEHICLE" SHALL MEAN ANY VEHICLE THAT HAS ACHIEVED AN AIR POLLUTION SCORE OF NINE OR BETTER AND A GREENHOUSE GAS SCORE OF NINE OR BETTER ON THE GREEN VEHICLE GUIDE MAINTAINED BY THE UNITED STATES ENVI- RONMENTAL PROTECTION AGENCY. THE DEPARTMENT SHALL POST ON ITS WEB SITE A LIST OF LOW-EMISSION AND ENERGY EFFICIENT VEHICLES BY MAKE AND MODEL YEAR AND SUCH OTHER SPECIFICATIONS AS MAY BE NECESSARY TO IDENTIFY A LOW-EMISSION AND ENERGY EFFICIENT VEHICLE, AND SHALL UPDATE SUCH LIST AS NECESSARY TO PROVIDE A COMPLETE LIST OF LOW-EMISSION AND ENERGY EFFI- CIENT VEHICLES. THE EXEMPTIONS PROVIDED BY THIS SECTION SHALL BE OFFSET BY THE PROCEEDS COLLECTED FROM THE AUCTION OF ANY EMISSIONS ALLOWANCES FOR AIR CONTAMINANTS AS PROVIDED FOR IN REGULATIONS ADOPTED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO ARTICLE NINETEEN OF THE ENVIRONMENTAL CONSERVATION LAW AND PROCEEDS COLLECTED BUT NOT ALLO- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

S T A T E O F N E W Y O R K ________________________________________________________________________ 364--A 2015-2016 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2015 ___________ Introduced by M. of A. PRETLOW, FARRELL, SCHIMMINGER, COLTON, SCHIMEL -- read once and referred to the Committee on Ways and Means -- recommit- ted to the Committee on Ways and Means 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 tax law, in relation to exempting low-emission and energy efficient vehicles from retail sales and compensating use taxes; 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. Subdivision (a) of section 1115 of the tax law is amended by adding a new paragraph 44 to read as follows: (44) LOW-EMISSION AND ENERGY EFFICIENT VEHICLES. FOR PURPOSES OF THIS PARAGRAPH, A "LOW-EMISSION AND ENERGY EFFICIENT VEHICLE" SHALL MEAN A VEHICLE CERTIFIED BY THE ADMINISTRATOR OF THE UNITED STATES ENVIRON- MENTAL PROTECTION AGENCY PURSUANT TO 23 U.S.C. S 166(F)(3). IF THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS NOT SO CERTIFIED ANY VEHICLE AS A LOW-EMISSION AND ENERGY EFFICIENT VEHICLE, THEN, UNTIL SUCH CERTIFICATION OCCURS, "LOW-EMISSION AND ENERGY EFFICIENT VEHICLE" SHALL MEAN ANY VEHICLE THAT HAS ACHIEVED AN AIR POLLUTION SCORE OF NINE OR BETTER AND A GREENHOUSE GAS SCORE OF NINE OR BETTER ON THE GREEN VEHICLE GUIDE MAINTAINED BY THE UNITED STATES ENVI- RONMENTAL PROTECTION AGENCY. THE DEPARTMENT SHALL POST ON ITS WEB SITE A LIST OF LOW-EMISSION AND ENERGY EFFICIENT VEHICLES BY MAKE AND MODEL YEAR AND SUCH OTHER SPECIFICATIONS AS MAY BE NECESSARY TO IDENTIFY A LOW-EMISSION AND ENERGY EFFICIENT VEHICLE, AND SHALL UPDATE SUCH LIST AS NECESSARY TO PROVIDE A COMPLETE LIST OF LOW-EMISSION AND ENERGY EFFI- CIENT VEHICLES. THE EXEMPTIONS PROVIDED BY THIS SECTION SHALL BE OFFSET BY THE PROCEEDS COLLECTED FROM THE AUCTION OF ANY EMISSIONS ALLOWANCES EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

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