NY State Senate Bill 2013-S5647

Senate Bill S5647

Signed By Governor

2013-2014 Legislative Session

Makes technical corrections to certain provisions of the general municipal law relating to the temporary state commission on local government ethics; repealer

download bill text pdf

Archive: Last Bill Status Via A7187 - Signed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 17, 2014	signed chap.490
Dec 05, 2014	delivered to governor
Jun 11, 2014	returned to assembly passed senate 3rd reading cal.442 substituted for s5647
Jun 11, 2014	substituted by a7187
May 05, 2014	advanced to third reading
Apr 30, 2014	2nd report cal.
Apr 29, 2014	1st report cal.442
Jan 08, 2014	referred to local government
May 31, 2013	referred to local government

Votes

- Jun 11, 2014 - Floor Vote
  A7187
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2014
      
      aye (58)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Espaillat
      
      Hassell-Thompson
      
      Smith
  Apr 29, 2014 - Local Government Committee Vote
  S5647
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Apr 29, 2014
      
      aye (9)
      
      Ball
      
      Boyle
      
      Gipson
      
      Latimer
      
      Marchione
      
      Martins
      
      O'Brien
      
      Ritchie
      
      Valesky

2013-S5647 (ACTIVE) - Details

See Assembly Version of this Bill:: A7187
Law Section:: General Municipal Law
Laws Affected:: Rpld §§13 - 19, §813, §806 sub 3, Art 12, amd §§808, 810, 811 & 812, Gen Muni L

2013-S5647 (ACTIVE) - Summary

Makes technical corrections to certain provisions of the general municipal law relating to the temporary state commission on local government ethics and repeals railroad aid bond provisions.

2013-S5647 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5647

TITLE OF BILL:  An act to amend the general municipal law, in relation
to making technical corrections thereto; and to repeal certain
provisions of such law relating thereto

PURPOSE:  The purpose of this bill is to repeal certain provisions of
the general municipal law in order to streamline the statute and make
government more efficient.

SUMMARY OF PROVISIONS:  This bill repeals sections 13, 14, 15, 16, 17,
18, 19 and 813; article 12; and subdivision 3 of section 806 of the
general municipal law.  The bill amends subdivision 5 of section 808,
paragraph (a) of subdivision 1 and, paragraph (a) of subdivision 3 of
section 812 of the general municipal law, as added by chapter 813 of
the laws of 1987.

JUSTIFICATION:  This bill is the first change in law emerging from a
new ongoing legislative initiative that is specifically aimed at
making government more efficient. The New York State Assembly
Committee on Oversight, Analysis and Investigation, in coordination
with other standing committees, is undertaking a comprehensive review
of tens of thousands of reporting requirements currently written into
every area of New York State Law.

The purpose of this extensive review is to enhance government

efficiency. Our staff is actively looking to eliminate unnecessary
reporting requirements and, by extension, some other statutorily
required activities by various agencies, municipalities, and other
political subdivisions that no longer serve the purpose for which they
were originally placed into statute. After the first several months of
this review, it has become clear that many of these requirements are
outdated, duplicative, or unused and therefore no longer necessary.
This bill is the first in what is projected to be a very long series
of repeal bills that address these superfluous sections of law.

Specifically, this bill repeals reporting requirements and several
other provisions pertaining to The Board of Railroad Commissioners and
its related proceedings. The initial enabling legislation and the
overall practices of this board are outdated, having been employed at
the end of the 19th Century. Second, the bill repeals the provisions
of the general municipal law with regard to the temporary state
commission on local government ethics and its reporting requirements.
This is necessary because the commission sunset in 1993; however,
legal references and cross-references have left these reporting
requirements scattered throughout the general municipal law, resulting
in various agencies and commission having to still abide by these
requirements.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  This act shall take effect on immediately.

2013-S5647 (ACTIVE) - Bill Text download pdf

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

                                  5647

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 31, 2013
                               ___________

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

AN ACT to amend the general municipal law, in relation to making techni-
  cal corrections thereto; 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. Sections 13, 14, 15, 16, 17, 18, 19 and 813 of the  general
municipal law are REPEALED.
  S 2. Article 12 of the general municipal law is REPEALED.
  S  3.  Subdivision  3  of  section 806 of the general municipal law is
REPEALED.
  S 4. Subdivision 5 of section 808 of the  general  municipal  law,  as
added by chapter 813 of the laws of 1987, is amended to read as follows:
  5. A board of ethics of a political subdivision (as defined in section
eight  hundred ten of this article) and of any other municipality, which
is required by local law, ordinance or resolution to be, or which pursu-
ant to legal authority, in practice is,  the  repository  for  completed
annual  statements  of  financial disclosure shall [notify the temporary
state commission on local government ethics if  such  commission  be  in
existence  and  if  not,  shall]  file a statement with the clerk of its
municipality, that it is the authorized repository for completed  annual
statements  of  financial  disclosure [and that on account thereof, such
completed statements will be filed with it and not with the  commission.
Should  any local law, ordinance or resolution be adopted which provides
for the filing of such completed annual statements  with  the  temporary
state  commission  on local government ethics instead of with such board
of ethics, such board of ethics shall notify the temporary state commis-
sion on local government ethics of that fact].

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10553-01-3

S. 5647                             2

  S 5. The opening paragraph and subdivision 9 of  section  810  of  the
general  municipal law, as added by chapter 813 of the laws of 1987, are
amended to read as follows:
  As  used  in sections eight hundred eleven[,] AND eight hundred twelve
[and eight hundred thirteen] of this article:
  9. The term "appropriate body" or "appropriate bodies" shall mean[:
  (a) in the case of any political  subdivision  which  has  created  or
hereafter creates a board of ethics which is in existence at the time an
annual  statement  of  financial  disclosure  is due, and which has been
designated by local law, ordinance or resolution to  be  the  repository
for such completed statements, such board of ethics;
  (b)  in  the  case  of  any political subdivision which has created or
hereafter creates a board of ethics which is in existence at the time an
annual statement of financial disclosure is due, and which has not  been
designated  by  local  law, ordinance or resolution to be the repository
for such completed statements, the temporary state commission  on  local
government ethics;
  (c)  in  the  case  of any political subdivision for which no board of
ethics is in existence at the time  an  annual  statement  of  financial
disclosure  is  due,  the temporary state commission on local government
ethics] THE BOARD OF ETHICS FOR THE POLITICAL SUBDIVISION.
  S 6. Paragraphs (c) and (d) of subdivision 1 of  section  811  of  the
general  municipal law, as added by chapter 813 of the laws of 1987, are
amended to read as follows:
  (c) The governing body of a political subdivision or any other county,
city, town or village which requires any local or municipal  officer  or
employee  or  any  local  elected  official or any local political party
official to complete and file either of such annual statements of finan-
cial disclosure shall have, possess, exercise and enjoy all the  rights,
powers  and  privileges attendant thereto which are necessary and proper
to the enforcement of such requirement, including but  not  limited  to,
the  promulgation  of rules and regulations pursuant to local law, ordi-
nance or resolution, which rules or  regulations  may  provide  for  the
public availability of items of information to be contained on such form
of statement of financial disclosure, the determination of penalties for
violation  of  such  rules  or regulations, and such other powers as are
[conferred upon the  temporary  state  commission  on  local  government
ethics  pursuant  to  section  eight hundred thirteen of this article as
such local governing body determines are] warranted  under  the  circum-
stances existing in its county, city, town or village.
  (d) The local law, ordinance or resolution, if and when adopted, shall
provide  for  the annual filing of completed statements [with either the
temporary state commission on local government ethics or] with the board
of ethics of the political subdivision or other municipality  and  shall
contain  the  procedure for filing such statements and the date by which
such filing shall be required. If the board of ethics is  designated  as
the appropriate body, then such local law, ordinance or resolution shall
confer  upon  the  board  appropriate  authority  to enforce such filing
requirement, including the authority to promulgate rules and regulations
[of the same import as those which the  temporary  state  commission  on
local  government  ethics enjoys under section eight hundred thirteen of
this article]. Any such local law, ordinance or resolution shall author-
ize exceptions with respect to complying  with  timely  filing  of  such
disclosure  statements  due to justifiable cause or undue hardship.  The
appropriate body shall prescribe rules and regulations related  to  such
exceptions  with  respect  to  extensions and additional periods of time

S. 5647                             3

within which to file such statement including the imposition of  a  time
limitation upon such extensions.
  S 7. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision 3
of  section  812 of the general municipal law, as amended by chapter 813
of the laws of 1987, the opening paragraph of paragraph (a) of  subdivi-
sion 1 as amended by chapter 85 of the laws of 2004, are amended to read
as follows:
  (a)  Any  political subdivision or other county, city, town or village
to which all of the provisions of  this  section  are  made  applicable,
whether  as the result of the provisions contained in subdivision two of
section eight hundred eleven of this  article  or  as  a  result  of  an
election to be subject to the provisions of this section as permitted by
subdivision  two  of  this  section, shall require (i) each of its local
elected officials and local officers  and  employees,  (ii)  each  local
political  party  official  and  (iii)  each candidate for local elected
official with respect to such political subdivision, to file  an  annual
statement  of financial disclosure containing the information and in the
form set forth in subdivision five of this section except  that  disclo-
sure  requirements  for  assessors  who  are not covered by this article
shall be governed by the requirements of section three  hundred  thirty-
six  of  the  real property tax law. Such statement shall be filed on or
before the fifteenth day of May with respect to the  preceding  calendar
year, except that:
  (i)  a  person  who  is  subject to the reporting requirements of this
subdivision and who timely filed with the internal  revenue  service  an
application  for automatic extension of time in which to file his or her
individual income tax return for the immediately preceding  calendar  or
fiscal  year  shall be required to file such financial disclosure state-
ment on or before May fifteenth but may, without being subjected to  any
civil penalty on account of a deficient statement, indicate with respect
to  any  item  of the disclosure statement that information with respect
thereto is lacking but will be supplied in a supplementary statement  of
financial  disclosure, which shall be filed on or before the seventh day
after the expiration of the period of such automatic extension  of  time
within  which  to  file such individual income tax return, provided that
failure to file or to timely file such supplementary statement of finan-
cial disclosure or the filing of an incomplete or deficient supplementa-
ry statement of financial disclosure shall be subject to the notice  and
penalty  provisions  of  this  section  respecting  annual statements of
financial disclosure as if such supplementary statement were  an  annual
statement;
  (ii)  [a person who is required to file an annual financial disclosure
statement with  the  temporary  state  commission  on  local  government
ethics,  and who is granted an additional period of time within which to
file such statement due to  justifiable  cause  or  undue  hardship,  in
accordance  with  required  rules and regulations on the subject adopted
pursuant to paragraph c of subdivision nine  of  section  eight  hundred
thirteen  of  this  article,  shall file such statement within the addi-
tional period of time granted;
  (iii)] candidates for local  elected  official  who  file  designating
petitions for nomination at a primary election shall file such statement
within  seven  days  after the last day allowed by law for the filing of
designating petitions naming them as candidates for the next  succeeding
primary election;
  [(iv)]  (III)  candidates for independent nomination for local elected
official who have not been designated by a party to receive a nomination

S. 5647                             4

shall file such statement within seven days after the last  day  allowed
by law for the filing of independent nominating petitions naming them as
candidates  for local elected official in the next succeeding general or
special or village election; and
  [(v)] (IV) candidates for local elected official who receive the nomi-
nation  of  a party for a special election or who receive the nomination
of a party other than at a primary  election  (whether  or  not  for  an
uncontested  office)  shall  file such statement within seven days after
the date of the meeting of the party committee at which they  are  nomi-
nated.
  (a)  Such  local  law,  ordinance  or  resolution must provide for the
promulgation of a form of an annual statement  of  financial  disclosure
described  in  subdivision  one  of section eight hundred eleven of this
article for use with respect to information the governing body  requires
to  be  reported for the calendar year next succeeding the year in which
such local law, ordinance or resolution is  adopted  and  for  use  with
respect  to  information required to be reported for subsequent calendar
years; and shall provide for the filing  of  completed  statements  with
[either  the  temporary  state  commission on local government ethics or
with] the board of ethics of the political subdivision or other  munici-
pality[, as specified in subdivision one of section eight hundred eleven
of this article].
  S 8. This act shall take effect immediately.

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