Bill S1527-2011

Relates to the membership of the New York city water board; repealer

Relates to the membership of the New York city water board.






TITLE OF BILL: An act to amend the real property law, in relation to requiring the disclosure, upon the sale or lease of residential real property, of the availability of certain sex offender information

PURPOSE: To include in all leases and contracts for sale of real property a notice informing the renter and/or buyer of the existence of the N.Y. sex offender registry.

SUMMARY OF PROVISIONS: Adds two new sections, 220-a and 242-a, to the Real Property Law, to include a notice on all leases and contracts for sale of real property which informs the renter and/or buyer of the existence of the N.Y. sex offender (Megan's Law) registry, its corollary "900" telephone number and the Division of Criminal Justice Services website.

JUSTIFICATION: The proposed amendment would require all written leases and rental agreements for residential real property and contracts for sale of residential real property entered into contain a specified notice regarding the subdirectory of high risk sex offenders, the New York State Special "900" telephone number and the DCJS website. This bill would provide that, upon delivery of the notice, the lessor, seller, or broker is not required to provide additional information regarding registered sex offenders, and that a registered sex offender may not bring any cause of action against the disclosing party.

FISCAL IMPLICATIONS: None to the state.

PRIOR LEGISLATIVE HISTORY: 2000:Passed Senate. 2001-02: Passed Senate. 2003-04: Passed Senate/Assembly Judiciary Crate. 2005-06: Senate Judiciary Cmte./Assembly Judiciary Cmte, 2007-08: Senate Judiciary Cmte./Assembly Judiciary Cmte 2009-10: Advanced to Third Reading 2011-12: Committed to Rules in 2011; Senate Judiciary Cmte. in 2012

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law and shall apply to contracts and agreements entered into on or after such date.


STATE OF NEW YORK ________________________________________________________________________ 1527 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________
Introduced by Sen. PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to the member- ship of the New York city water board; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 1045-f of the public authorities law is REPEALED and a new subdivision 2 is added to read as follows: 2. A. THE WATER BOARD SHALL CONSIST OF SEVEN MEMBERS TO BE APPOINTED, AS FOLLOWS: (I) FOUR MEMBERS APPOINTED BY THE MAYOR; (II) ONE MEMBER APPOINTED BY THE NEW YORK CITY COMPTROLLER; (III) ONE MEMBER APPOINTED BY THE PUBLIC ADVOCATE FOR THE CITY OF NEW YORK; AND (IV) ONE MEMBER APPOINTED BY THE SPEAKER OF THE NEW YORK CITY COUNCIL. B. TERMS OF OFFICE OF THE MEMBERS SHALL BE TWO YEARS. AT LEAST ONE MEMBER APPOINTED BY THE MAYOR SHALL HAVE EXPERIENCE IN THE SCIENCE OF WATER RESOURCE DEVELOPMENT. NO MEMBER SHALL BE A DIRECTOR OF THE AUTHOR- ITY. THE CHAIRMAN SHALL BE ELECTED BY MAJORITY VOTE OF THE MEMBERS OF THE BOARD. ALL MEMBERS SHALL CONTINUE TO HOLD OFFICE UNTIL THEIR SUCCES- SORS ARE APPOINTED AND QUALIFIED. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. VACANCIES, OCCURRING OTHER- WISE THAN BY EXPIRATION OF TERM OF OFFICE, SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS FOR THE UNEXPIRED TERMS. S 2. Subdivisions 3, 4, 5 and 7 of section 1045-f of the public authorities law, as added by chapter 513 of the laws of 1984, are amended to read as follows: 3. Each member of the water board shall be entitled to reimbursement for his OR HER actual and necessary expenses incurred in the performance
of his OR HER official duties and a per diem allowance of one hundred fifty dollars when rendering service as a member; provided that the aggregate of such per diem allowance to any one member in any one fiscal year of the board shall not exceed the sum of five thousand dollars. 4. Notwithstanding any inconsistent provision of law, general, special or local, or any city charter, no officer or employee of the city shall be deemed to have forfeited or shall forfeit his office or employment or any benefits provided under the retirement and social security law, by reason of his OR HER acceptance of membership on the water board, provided, however, that a member of the board who holds other public office or employment shall receive no additional compensation for services rendered pursuant to this title, but shall be entitled to reimbursement for his OR HER actual and necessary expenses incurred in the performance of such services. 5. The [mayor] APPOINTING AUTHORITY may remove [any member] HIS OR HER APPOINTEE for inefficiency, neglect of duty or misconduct in office after giving such member a copy of the charges against such member and an opportunity to be heard and defended, in person or by counsel, upon not less than ten days' notice. If any member shall be so removed, the [mayor] APPOINTING AUTHORITY shall file in the office of the clerk of the city a complete statement of charges against such member, and the [mayor's] APPOINTING AUTHORITY'S findings thereon, together with a complete record of the proceedings. 7. A majority of the members of the water board shall constitute a quorum for the transaction of any business or the exercise of any power of the board. The water board shall have power to act by the affirmative vote of not less than a majority of the members in office at any duly held meeting thereof. The water board may delegate to one or more of its members or its officers, agents and employees, such powers and duties as it may deem proper. Any member who is an officer of the city may, by written instrument, filed with and approved as to form by the board, designate another city officer to perform in [his] THE MEMBER'S absence his OR HER duties under this title. The term "member" as used in this section shall include such persons so designated as provided herein. The designation of any such person shall be deemed temporary only and shall not affect the civil service or retirement rights of the person so designated. S 3. This act shall take effect immediately, provided that the first three vacancies after the effective date of this act shall be filled by the New York city comptroller, the public advocate for the city of New York and the speaker of the New York city council, respectively, pursu- ant to section one of this act.


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