NY State Senate Bill 2017-S1642

Senate Bill S1642

Signed By Governor

2017-2018 Legislative Session

Establishes a process for the revocation of a code enforcement officer's certificate

download bill text pdf

Archive: Last Bill Status Via A1310 - 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 18, 2017	signed chap.468
Dec 06, 2017	delivered to governor
Mar 29, 2017	returned to assembly passed senate 3rd reading cal.204 substituted for s1642
Mar 29, 2017	substituted by a1310
Mar 01, 2017	advanced to third reading
Feb 28, 2017	2nd report cal.
Feb 14, 2017	1st report cal.204
Jan 10, 2017	referred to housing, construction and community development

Votes

- Mar 29, 2017 - Floor Vote
  A1310
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 29, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Krueger
      
      Sanders Jr.
  Feb 14, 2017 - Housing, Construction And Community Development Committee Vote
  S1642
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Feb 14, 2017
      
      aye (8)
      
      Avella
      
      Bailey
      
      Boyle
      
      Brooks
      
      Gallivan
      
      Krueger
      
      Little
      
      Young
      
      aye wr (1)
      
      Bonacic

2017-S1642 (ACTIVE) - Details

See Assembly Version of this Bill:: A1310
Law Section:: Executive Law
Laws Affected:: Amd §376-a, Exec L
Versions Introduced in 2015-2016 Legislative Session:: S7746, A10235

2017-S1642 (ACTIVE) - Summary

Relates to code enforcement officer training and certification.

2017-S1642 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1642

 TITLE OF BILL :  An act to amend the executive law, in relation to
code enforcement officer's training and certificate

 PURPOSE OF THE BILL :

The purpose of this bill is to provide the Department of State with a
process to revoke a code enforcement officer's certification for
misconduct.

 SUMMARY OF PROVISIONS :

Section one of the bill amends section 376-a of the executive law as
it relates to authorizing the Secretary of State to establish minimum
training and examination requirements for a code enforcement officer
certificate. The Secretary would have the power to issue and revoke a
code enforcement officer's certification on grounds of misconduct
following a hearing.

Section two of the bill relates to the effective date.

 JUSTIFICATION :

The Department of State issues code enforcement certifications for
individuals who have completed training on the uniform code. This

certification demonstrates that an individual is qualified to enforce
the building and fire codes for local governments.

Although the Department of State issues the certifications, the
Department only has the authority to revoke the certification if the
official failed to complete the training. There was an incident in
Rockland where a fire inspector was cited by the State Education
Department for failing to note serious violations at several
non-public schools during the course of an annual fire inspection.

The alleged misconduct by the fire inspector is not grounds for
revocation of their code enforcement certification. Unfortunately, the
Department of State does not have the authority to revoke an
individual's certificates even if allegations of serious misconduct
are proven. This bill empowers the Secretary of State to develop a
process to revoke a code enforcement official's certification if,
after a hearing, they are found to have failed to uphold the duties of
a code enforcement officer including but not limited to making
material errors or omissions on an inspection report. This will
provide the Department with the necessary authority to ensure that the
integrity of the code enforcement certification is upheld.

 PRIOR LEGISLATIVE HISTORY :

2015-16: S7746A/A10235A - Rules/passed assembly

 FISCAL IMPLICATIONS FOR STATE :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become law.

2017-S1642 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1642
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN ACT to amend the executive law, in relation to code enforcement offi-
   cer's training and certificate

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 376-a of the executive law, as added by section  29
 of  part  B  of  chapter  56  of the laws of 2010, is amended to read as
 follows:
   § 376-a. Code enforcement  training  AND  CERTIFICATION.  1.  For  the
 purpose  of this section, the term code enforcement personnel shall mean
 a code enforcement official CERTIFIED PURSUANT TO THIS  SECTION  charged
 with enforcement of the uniform fire prevention and building code or the
 state energy conservation construction code.
   2.  In addition to the functions, powers and duties otherwise provided
 by this article, the secretary of state may promulgate rules  and  regu-
 lations with respect to:
   (a)  The approval, or revocation thereof, of code enforcement training
 programs for code enforcement personnel;
   (b) Minimum courses of study, attendance requirements,  and  equipment
 and  facilities  to  be  required for approved code enforcement training
 programs for code enforcement personnel;
   (c) MINIMUM TRAINING AND EXAMINATION REQUIREMENTS TO QUALIFY FOR  CODE
 ENFORCEMENT OFFICER CERTIFICATION, PROVIDED THAT SUCH TRAINING AND EXAM-
 INATION REQUIREMENTS SHALL NOT RESULT IN CODE ENFORCEMENT PERSONNEL THAT
 HAVE  OTHERWISE  COMPLETED  THE  MINIMUM  BASIC TRAINING REQUIREMENTS IN
 ORDER TO BE ELIGIBLE FOR CONTINUED EMPLOYMENT OR  PERMANENT  APPOINTMENT
 AS  OF  THE  EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
 SEVENTEEN THAT AMENDED THIS  PARAGRAPH  FROM  BEING  INELIGIBLE  WITHOUT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02395-01-7

 S. 1642                             2
 
 FURTHER  TRAINING OR EXAMINATION FOR CERTIFICATION PURSUANT TO PARAGRAPH
 (D) OF THIS SUBDIVISION;
   (D)  ISSUANCE  OF  A  CODE  ENFORCEMENT  OFFICER CERTIFICATION WHEN AN
 APPLICANT SATISFIES THE REQUIREMENT SET FORTH IN PARAGRAPH (C)  OF  THIS
 SUBDIVISION;
   (E) REVOCATION OR SUSPENSION OF THE CERTIFICATION OF ANY CODE ENFORCE-
 MENT PERSONNEL FOUND AFTER A HEARING TO HAVE MATERIALLY FAILED TO UPHOLD
 DUTIES  OF  A  CODE  ENFORCEMENT  OFFICER, INCLUDING BUT NOT LIMITED TO,
 MAKING MATERIAL ERRORS OR OMISSIONS ON AN INSPECTION REPORT. THE HEARING
 REQUIRED PRIOR TO SUCH REVOCATION OR SUSPENSION SHALL PROVIDE  THE  CODE
 ENFORCEMENT  OFFICER  THE OPPORTUNITY TO BE HEARD AND SHALL BE CONDUCTED
 PURSUANT TO ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCEDURE ACT;
   (F) Minimum qualifications for instructors for approved code  enforce-
 ment training programs for code enforcement personnel;
   [(d)]  (G)  The  requirements  of  minimum  basic  training which code
 enforcement personnel shall complete in order to be eligible for contin-
 ued employment or permanent appointment, and the time within which  such
 basic training must be completed following such appointment;
   [(e)]  (H)  The requirements for in-service training programs designed
 to assist code enforcement personnel in  maintaining  skills  and  being
 informed of technological advances;
   [(f)]  (I) Categories or classifications of advanced in-service train-
 ing programs and minimum courses of study  and  attendance  requirements
 with respect to such categories or classifications;
   [(g)] (J) Exemptions from particular provisions of this article in the
 case  of  any  county,  city,  town, or village if in the opinion of the
 secretary of state the standards of  code  enforcement  training  estab-
 lished  and  maintained by such county, city, town, or village are equal
 to or higher than those established pursuant to this article; or revoca-
 tion in whole or in part of such exemption, if in his or her opinion the
 standards of code enforcement training  established  and  maintained  by
 such  county,  city,  town,  or village are lower than those established
 pursuant to this article;
   3. In furtherance of his or her functions, powers and  duties  as  set
 forth in this section, the secretary of state may:
   (a)  Recommend  studies, surveys and reports to be made by the depart-
 ment of state regarding the carrying out of the objectives and  purposes
 of this section;
   (b)  Visit and inspect any code enforcement training programs approved
 by the secretary of state or for which application for such approval has
 been made; and
   (c) Recommend standards for promotion to supervisory positions.
   4. In addition to the functions, powers and duties otherwise  provided
 by this section, the secretary of state shall:
   (a)  Approve  code  enforcement training programs for code enforcement
 personnel and issue certificates  of  approval  to  such  programs,  and
 revoke such approval or certificate;
   (b)  Certify,  as qualified, instructors for approved code enforcement
 training programs for code enforcement personnel and  issue  appropriate
 certificates to such instructors;
   (c)   Certify  code  enforcement  personnel  who  have  satisfactorily
 completed basic training programs and in-service training programs,  and
 issue  appropriate  certificates to such code enforcement personnel, and
 revoke such certificate;
   (d) INVESTIGATE  AND  CONDUCT  HEARINGS  AS  APPROPRIATE  RELATIVE  TO
 COMPLAINTS MADE AGAINST CODE ENFORCEMENT PERSONNEL;

 S. 1642                             3
 
   (E)  Cause  studies  and surveys to be made relating to the establish-
 ment, operation, effectiveness and approval of code enforcement training
 programs;
   [(e)]  (F)  Cause  studies  and  surveys  to  be  made relating to the
 completion or partial  completion  of  training  programs  by  video  or
 computer to the maximum extent practicable;
   [(f)]  (G) Consult with and cooperate with the state university of New
 York and private universities, colleges and institutes in the state  for
 the  development  of  specialized  courses of study for code enforcement
 personnel.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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