Requires a 120-day warning period for violations at congressionally chartered veterans' organization facilities.
Ayes (60): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Sanders
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 veteran'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 communities. 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. Violations that pose an imminent threat to health and safety and any violations of the Alcoholic Beverage Control Law are exempt from the 120 day notice
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.
STATE OF NEW YORK ________________________________________________________________________ 2962--A 2013-2014 Regular Sessions IN 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 -- reported favorably from said committee and committed to the Committee on Investigations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 ARE ISSUED OR APPLIED BY ANY MUNICIPAL OR HEALTH AGENCY 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 CONTINUES, THEN A MONETARY FINE MAY BE ISSUED OR APPLIED PROVIDED, THAT AFTER SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH VETERANS' ORGANIZATION 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. THE PROVISIONS OF THIS SECTION SHALL NOT: (A) APPLY TO ANY IMMINENT LIFE THREATENING BUILDING CODE OR HEALTH CODE VIOLATION WHICH NECESSITATES AN EMERGENCY CLOSURE OF A FACILITY; OR (B) BE CONSTRUED TO APPLY TO OR EFFECT ANY VIOLATION OF THE ALCOHOLIC BEVERAGE CONTROL LAW MADE BY A FACILITY. 2. FOR THE PURPOSES OF THIS SECTION, THE TERM "CONGRESSIONALLY CHAR- TERED VETERANS' GROUP" SHALL MEAN ANY VETERANS' GROUP THAT HAS BEENEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01064-04-3 S. 2962--A 2
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.