NY State Senate Bill 2019-S7291A

Archive: Last Bill Status - In Assembly Committee

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 12, 2020	referred to governmental operations delivered to assembly passed senate
Feb 11, 2020	ordered to third reading cal.394 reported and committed to rules
Feb 07, 2020	print number 7291a
Feb 07, 2020	amend and recommit to housing, construction and community development
Jan 16, 2020	referred to housing, construction and community development

Votes

- Feb 12, 2020 - Floor Vote
  S7291A
  
  47
  
  Aye
  
  13
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 12, 2020
      
      aye (47)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (13)
      
      Akshar
      
      Amedore
      
      Borrello
      
      Griffo
      
      Helming
      
      Jordan
      
      Little
      
      O'Mara
      
      Ortt
      
      Ritchie
      
      Serino
      
      Seward
      
      Tedisco
      
      excused (2)
      
      Gallivan
      
      Ranzenhofer
  Feb 11, 2020 - Rules Committee Vote
  S7291A
  
  15
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Feb 11, 2020
      
      aye (15)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      aye wr (4)
      
      Griffo
      
      LaValle
      
      Robach
      
      Seward
  Feb 11, 2020 - Housing, Construction And Community Development Committee Vote
  S7291A
  
  7
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Feb 11, 2020
      
      aye (7)
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Mayer
      
      Myrie
      
      Rivera
      
      Salazar
      
      nay (1)
      
      Little
      
      aye wr (3)
      
      Amedore
      
      Boyle
      
      Helming

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S7291 - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Amd §376-a, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S532

2019-S7291 - Summary

Relates to minimum standards for code enforcement personnel; requires the secretary of state to promulgate rules and regulations in relation to minimum standards for code enforcement personnel including requirements for training.

2019-S7291 - Sponsor Memo

                                
 
BILL NUMBER: S7291

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the executive law, in relation to minimum standards for
code enforcement personnel

 
PURPOSE:

Relates to minimum standards for code enforcement personnel

 
SUMMARY OF PROVISIONS:

This bill amends the authority of the secretary of state to promulgate
rules and regulations regarding code enforcement by making the issuance
mandatory instead of permissive. It additionally creates a timeline for
completion of the mandatory training for code enforcement personnel and
increases the annual continuing education required to maintain certif-
ication. Finally, the bill prohibits continued employment as code
enforcement personnel where the individual's certification has been

suspended or revoked unless the person has received an extension to
become active by the secretary.

 
JUSTIFICATION:

On August 5, 2019, the Committees on Investigations and Government Oper-
ations and Housing, Construction, and Community Development released a
report on code enforcement in New York State. The investigation
concluded the lack of prioritization of code enforcement in munici-
palities across the State is significantly contributing to the culture
of poor compliance that ultimately endangers the lives of residents and
first responders.

The report found that the training and certification requirements of
code enforcement personnel were inadequate. It recommended creating a
defined period of time for code enforcement personnel to finish their
training and obtain certification, increasing the annual continuing
education hours, and prohibiting employment where code enforcement
personnel has lost their certification. This bill incorporates each of
those recommendations.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2019-S7291 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7291
 
                             I N  S E N A T E
 
                             January 16, 2020
                                ___________
 
 Introduced by Sens. PERSAUD, SKOUFIS, KAVANAGH -- 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 minimum standards for
   code enforcement personnel
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of section 376-a of the executive law, as
 amended by chapter 468 of the laws  of  2017,  is  amended  to  read  as
 follows:
   2.  In addition to the functions, powers and duties otherwise provided
 by this article, the secretary of state [may] SHALL promulgate rules and
 regulations 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 FOUR  HUNDRED  SIXTY-EIGHT  of
 the  laws  of  two thousand seventeen [that amended this paragraph] from
 being ineligible without further training  or  examination  for  certif-
 ication 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13900-03-9

 S. 7291                             2
 
 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;
   (g) The requirements of minimum basic training which code  enforcement
 personnel  shall  complete in order to be eligible for continued employ-
 ment or permanent appointment, and the  time  within  which  such  basic
 training must be completed following such appointment, PROVIDED HOWEVER,
 THAT  ABSENT  A  WRITTEN  EXTENSION FROM THE SECRETARY OF STATE FOR GOOD
 CAUSE SHOWN, THE MINIMUM BASIC TRAINING REQUIREMENTS SHALL BE  COMPLETED
 WITHIN  NINETY  DAYS  FROM  THE  DATE OF APPOINTMENT FOR BUILDING SAFETY
 INSTRUCTORS AND WITHIN SIX MONTHS FROM THE DATE OF APPOINTMENT FOR  CODE
 ENFORCEMENT OFFICIALS;
   (h)  The  requirements  for  in-service  training programs designed to
 assist code  enforcement  personnel  in  maintaining  skills  and  being
 informed  of  technological  advances  WHICH SHALL INCLUDE (I) AN ANNUAL
 MINIMUM OF TEN HOURS FOR  BUILDING  SAFETY  INSTRUCTORS  AND  TWENTY-SIX
 HOURS  FOR  CODE  ENFORCEMENT  OFFICIALS,  AND (II) ONE HOUR OF ADVANCED
 IN-SERVICE TRAINING ON A MATTER DETERMINED ANNUALLY BY THE SECRETARY  OF
 STATE  RELATING  TO  CHANGES  IN LAW, ADVANCEMENTS IN CONSTRUCTION TECH-
 NIQUES, OR DETECTION AND REMEDIATION OF COMMON VIOLATIONS OF THE UNIFORM
 CODE AND/OR ENERGY CODE INCLUDING BUT NOT LIMITED TO  MOLD,  LEAD  PAINT
 ABATEMENT AND INFESTATIONS OF RODENTS AND OTHER PESTS;
   (i)  Categories  or  classifications  of  advanced in-service training
 programs and minimum courses of study and attendance  requirements  with
 respect to such categories or classifications;
   (j)  THE  PROHIBITION OF CONTINUED EMPLOYMENT OF AN INDIVIDUAL AS CODE
 ENFORCEMENT PERSONNEL WHOSE CERTIFICATION HAS BEEN SUSPENDED OR REVOKED,
 UNLESS SUCH INDIVIDUAL HAS RECEIVED AN EXTENSION TO  ACHIEVE  AN  ACTIVE
 CERTIFICATION  BY  THE  SECRETARY OF STATE UPON A SHOWING OF GOOD CAUSE;
 AND
   (K) 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 established and
 maintained by such county, city, town, or village are equal to or higher
 than those established pursuant to this article; or revocation 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[;].
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.

co-Sponsors

2019-S7291A (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Amd §376-a, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S532

2019-S7291A (ACTIVE) - Summary

2019-S7291A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7291A

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the executive law, in relation to minimum standards for
code enforcement personnel

 
PURPOSE:

Relates to minimum standards for code enforcement personnel

 
SUMMARY OF PROVISIONS:

This bill amends the authority of the secretary of state to promulgate
rules and regulations regarding code enforcement by making the issuance
mandatory instead of permissive. It additionally creates a timeline for
completion of the mandatory training for code enforcement personnel and
increases the annual continuing education required to maintain certif-
ication. Finally, the bill prohibits continued employment as code
enforcement personnel where the individual's certification has been

suspended or revoked unless the person has received an extension to
become active by the secretary.

 
JUSTIFICATION:

On August 5, 2019, the Committees on Investigations and Government Oper-
ations and Housing, Construction, and Community Development released a
report on code enforcement in New York State. The investigation
concluded the lack of prioritization of code enforcement in munici-
palities across the State is significantly contributing to the culture
of poor compliance that ultimately endangers the lives of residents and
first responders.

The report found that the training and certification requirements of
code enforcement personnel were inadequate. It recommended creating a
defined period of time for code enforcement personnel to finish their
training and obtain certification, increasing the annual continuing
education hours, and prohibiting employment where code enforcement
personnel has lost their certification. This bill incorporates each of
those recommendations.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2019-S7291A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7291--A
 
                             I N  S E N A T E
 
                             January 16, 2020
                                ___________
 
 Introduced by Sens. PERSAUD, SKOUFIS, BIAGGI, KAVANAGH -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Housing,  Construction  and   Community   Development   --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the executive law, in relation to minimum standards for
   code enforcement personnel
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of section 376-a of the executive law, as
 amended by chapter 468 of the laws  of  2017,  is  amended  to  read  as
 follows:
   2.  In addition to the functions, powers and duties otherwise provided
 by this article, the secretary of state [may] SHALL promulgate rules and
 regulations 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 FOUR  HUNDRED  SIXTY-EIGHT  of
 the  laws  of  two thousand seventeen [that amended this paragraph] from
 being ineligible without further training  or  examination  for  certif-
 ication 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13900-04-0

 S. 7291--A                          2
 
 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;
   (g)  The requirements of minimum basic training which code enforcement
 personnel shall complete in order to be eligible for  continued  employ-
 ment  or  permanent  appointment,  and  the time within which such basic
 training must be completed following such appointment, PROVIDED HOWEVER,
 THAT ABSENT A WRITTEN EXTENSION FROM THE SECRETARY  OF  STATE  FOR  GOOD
 CAUSE  SHOWN, THE MINIMUM BASIC TRAINING REQUIREMENTS SHALL BE COMPLETED
 WITHIN NINETY DAYS FROM THE DATE  OF  APPOINTMENT  FOR  BUILDING  SAFETY
 INSTRUCTORS  AND WITHIN SIX MONTHS FROM THE DATE OF APPOINTMENT FOR CODE
 ENFORCEMENT OFFICIALS;
   (h) The requirements for  in-service  training  programs  designed  to
 assist  code  enforcement  personnel  in  maintaining  skills  and being
 informed of technological advances WHICH SHALL  INCLUDE  (I)  AN  ANNUAL
 MINIMUM  OF  TEN  HOURS  FOR  BUILDING SAFETY INSTRUCTORS AND TWENTY-SIX
 HOURS FOR CODE ENFORCEMENT OFFICIALS, AND  (II)  ONE  HOUR  OF  ADVANCED
 IN-SERVICE  TRAINING ON A MATTER DETERMINED ANNUALLY BY THE SECRETARY OF
 STATE RELATING TO CHANGES IN LAW,  ADVANCEMENTS  IN  CONSTRUCTION  TECH-
 NIQUES, OR DETECTION AND REMEDIATION OF COMMON VIOLATIONS OF THE UNIFORM
 CODE  AND/OR  ENERGY  CODE INCLUDING BUT NOT LIMITED TO MOLD, LEAD PAINT
 ABATEMENT AND INFESTATIONS OF RODENTS AND OTHER PESTS;
   (i) Categories or  classifications  of  advanced  in-service  training
 programs  and  minimum courses of study and attendance requirements with
 respect to such categories or classifications;
   (j) THE PROHIBITION OF CONTINUED EMPLOYMENT OF AN INDIVIDUAL  AS  CODE
 ENFORCEMENT PERSONNEL WHOSE CERTIFICATION HAS BEEN SUSPENDED OR REVOKED,
 UNLESS  SUCH  INDIVIDUAL  HAS RECEIVED AN EXTENSION TO ACHIEVE AN ACTIVE
 CERTIFICATION BY THE SECRETARY OF STATE UPON A SHOWING  OF  GOOD  CAUSE.
 WHERE SUCH SUSPENSION OR REVOCATION IS THE RESULT OF FAILURE TO COMPLETE
 IN-SERVICE  TRAINING  PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION, ANY
 ADVERSE EMPLOYMENT  ACTION  SHALL  BE  BASED  ON  NEGLIGENT  FAILURE  TO
 COMPLETE  THE REQUIRED HOURS. NOTHING IN THIS SECTION SHALL BE DEEMED TO
 DIMINISH THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY APPLICANT OR CURRENT
 OR FORMER EMPLOYEE UNDER ANY  OTHER  LAW  OR  REGULATION  OR  UNDER  ANY
 COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT; AND
   (K)  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  established  and
 maintained by such county, city, town, or village are equal to or higher
 than  those established pursuant to this article; or revocation 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[;].
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.

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Senate Bill S7291A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Feb 12, 2020 - Floor Vote

Floor Vote: Feb 12, 2020

Feb 11, 2020 - Rules Committee Vote

Rules Committee Vote: Feb 11, 2020

Feb 11, 2020 - Housing, Construction And Community Development Committee Vote

Housing, Construction And Community Development Committee Vote: Feb 11, 2020

Bill Amendments

co-Sponsors

2019-S7291 - Details

2019-S7291 - Summary

2019-S7291 - Sponsor Memo

2019-S7291 - Bill Text download pdf

co-Sponsors

2019-S7291A (ACTIVE) - Details

2019-S7291A (ACTIVE) - Summary

2019-S7291A (ACTIVE) - Sponsor Memo

2019-S7291A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7291A

Share this bill

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2019-S7291 - Details

2019-S7291 - Summary

2019-S7291 - Sponsor Memo

2019-S7291 - Bill Text download pdf

co-Sponsors

2019-S7291A (ACTIVE) - Details

2019-S7291A (ACTIVE) - Summary

2019-S7291A (ACTIVE) - Sponsor Memo

2019-S7291A (ACTIVE) - Bill Text download pdf

Comments