What's happening
This bill requires a 120-day warning period before municipal or health fines are issued to congressionally chartered veterans' organizations for most violations.
Why it matters
Statewide but narrowly targeted. Adds a new General Business Law protection for owners and operators of veterans’ places, posts, facilities and halls across New York, limited to groups chartered by Congress under Title 36.
More time is possible. After the warning period, an organization could request an extension in writing with proof that it attempted to fix the violation. The bill does not require that an extension be granted.
Emergency and alcohol exceptions. Imminent life-threatening building or health code violations requiring emergency closure would remain outside the protection, as would violations of the Alcoholic Beverage Control Law.
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Who cares
Congressionally chartered veterans’ groups
Their facility owners and operators would gain time to correct covered violations before monetary fines could be imposed.
Municipal enforcement agencies
They would have to observe the warning period before imposing covered monetary fines on qualifying facilities.
Health agencies
They would need to distinguish covered violations from imminent life-threatening health code violations requiring emergency closure.
Headline styles
Give Veterans' Clubs Warning First
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to veterans' affairs
- Delivered to assembly
- Passed senateVote 63–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.515
- Referred to veterans, homeland security and military affairs
- Returned to senate
- Died in assembly
- Referred to veterans' affairs
- Delivered to assembly
- Passed senateVote 63–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.309
- Referred to veterans, homeland security and military affairs
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Warn Veterans’ Halls Before Fines
In Assembly Committee · Veterans' Affairs · Sponsor Michael G. Miller
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3072
2017-2018 Regular Sessions
IN SENATE
January 19, 2017
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs
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 Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 397-b to read as follows:
§ 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 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.
§ 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.
LBD02745-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2015: S. 2495 Passed Senate. 2016: S. 2495 Passed Senate.
Fiscal implications
None.
Effective date
This act shall take effect on the sixtieth day after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.