Requires a 120-day warning period for violations at congressionally chartered veterans' organization facilities.
Sponsor: ADDABBO
Law Section: General Business Law
Law: Add S397-b, Gen Bus L
Co-sponsor(s):
SAMPSON
Committee: INVESTIGATIONS AND GOVERNMENT OPERATIONS
Law Section: General Business Law
Law: Add S397-b, Gen Bus L
S2962-2013 Actions
- Apr 23, 2013: PRINT NUMBER 2962A
- Apr 23, 2013: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
- Mar 18, 2013: REPORTED AND COMMITTED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
- Mar 11, 2013: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
- Jan 25, 2013: REFERRED TO CONSUMER PROTECTION
S2962-2013 Meetings
Consumer Protection: Mar 18, 2013S2962-2013 Votes
VOTE: COMMITTEE VOTE:
- Consumer Protection
- Mar 18, 2013
Ayes (9): Zeldin, Boyle, Fuschillo, Maziarz, Savino, Hoylman, Serrano, Gipson, Latimer
Ayes W/R (2): Little, Marchione
S2962-2013 Memo
BILL NUMBER:S2962 TITLE OF BILL: An act to amend the general business law, in relation to requiring a one hundred twenty-day warning period for certain violations at certain veterans' organization facilities PURPOSE: The purpose is to provide a warning period whereby the veter- an's organization can rectify the violation in lieu of the immediate imposition of a fine. SUMMARY OF PROVISIONS: Amends the general business law by adding a new section 397-b which would provide for a warning period for certain violations at certain veterans organizations facilities. The term "congressionally chartered veterans group shall mean any veterans' group that has been chartered by the United States Congress under title 36 of the United States code. JUSTIFICATION: Veteran's organizations such as American Legions and VFW posts provide a variety of much needed services to our veterans. They serve as a resource for various for nonprofit and government services as well as a brotherhood and support system for veterans in their communi- ties. Very often these organizations will be charged with various violations from New York City agencies. This legislation seeks to give the Veterans organization 120 days to rectify said violation prior to a fine being imposed. The financial burden of fines is enormous for these crucial organizations that have lost so much financial support due to the recession. The 120 days notice will give the veterans organization the time needed to rectify the violation prior to the fine being imposed. In addition, the legislation dictates that after a 120 day period, veterans organizations may request a written extension with proof of attempt to cure violation. LEGISLATIVE HISTORY: 2012: S. 6414 - Referred to Consumer Protection FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect on the sixtieth day after becoming law.
S2962-2013 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
2962
2013-2014 Regular Sessions
I N SENATE
January 25, 2013
___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to requiring a one
hundred twenty-day warning period for certain violations at certain
veterans' organization facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
397-b to read as follows:
S 397-B. WARNING PERIOD FOR CERTAIN VIOLATIONS AT CERTAIN VETERANS'
ORGANIZATION FACILITIES. 1. BEFORE ANY MONETARY FINES OR PENALTIES ARE
ISSUED OR APPLIED TO THE OWNER OR OPERATOR OF ANY PLACE, POST, FACILITY
OR HALL OWNED OR OPERATED BY A CONGRESSIONALLY CHARTERED VETERANS'
GROUP, A WARNING PERIOD OF ONE HUNDRED TWENTY DAYS SHALL TAKE PLACE
DURING WHICH TIME SUCH GROUP SHALL BE ABLE TO CURE SUCH VIOLATION. IF,
AT THE END OF SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH VIOLATION CONTIN-
UES, THEN A MONETARY FINE OR PENALTY MAY BE ISSUED OR APPLIED PROVIDED,
THAT AFTER SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH VETERANS' ORGANIZA-
TION MAY REQUEST AN EXTENSION OF TIME TO CURE SUCH VIOLATION. SUCH
REQUEST SHALL BE MADE IN WRITING AND SHALL INCLUDE PROOF OF AN ATTEMPT
TO CURE SUCH VIOLATION WITHIN SUCH PERIOD.
2. FOR THE PURPOSES OF THIS SECTION, THE TERM "CONGRESSIONALLY CHAR-
TERED VETERANS' GROUP" SHALL MEAN ANY VETERANS' GROUP THAT HAS BEEN
CHARTERED BY THE UNITED STATES CONGRESS UNDER TITLE 36 OF THE UNITED
STATES CODE.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01064-01-3

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