NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1794
SPONSOR: Rajkumar 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 OR GENERAL IDEA OF BILL:
The purpose is to provide a warning period whereby the veteran's organ-
ization 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.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
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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.
PRIOR LEGISLATIVE HISTORY:
2011-2012: A9708 Referred to Veterans' Affairs
2013-2014: A2493 Referred to Veterans' Affairs
2015-2016: A909 Referred to Veterans' Affairs
2017-2018: A2795 Referred to Veterans' Affairs
2019-2020: A1810 Referred to Veterans' Affairs
2023-2024: A3326 Referred to Veterans' Affairs
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after becoming law.
STATE OF NEW YORK
________________________________________________________________________
1794
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
tee on Veterans' 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 Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 397-c to read as follows:
3 § 397-c. Warning period for certain violations at certain veterans'
4 organization facilities. 1. Before any monetary fines are issued or
5 applied by any municipal or health agency to the owner or operator of
6 any place, post, facility or hall owned or operated by a congressionally
7 chartered veterans' group, a warning period of one hundred twenty days
8 shall take place during which time such group shall be able to cure such
9 violation. If, at the end of such one hundred twenty-day period, such
10 violation continues, then a monetary fine may be issued or applied
11 provided, that after such one hundred twenty-day period, such veterans'
12 organization may request an extension of time to cure such violation.
13 Such request shall be made in writing and shall include proof of an
14 attempt to cure such violation within such period. The provisions of
15 this section shall not: (a) apply to any imminent life threatening
16 building code or health code violation which necessitates an emergency
17 closure of a facility; or (b) be construed to apply to or effect any
18 violation of the alcoholic beverage control law made by a facility.
19 2. For the purposes of this section, the term "congressionally char-
20 tered veterans' group" shall mean any veterans' group that has been
21 chartered by the United States Congress under title 36 of the United
22 States code.
23 § 2. This act shall take effect on the sixtieth day after it shall
24 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01927-01-5
