Bill Text: NY S04513 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires day care providers to escrow security deposits in excess of the value of two weeks of provided services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CHILDREN AND FAMILIES [S04513 Detail]

Download: New_York-2009-S04513-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4513
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2009
                                      ___________
       Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Children and Families
       AN ACT to amend the social services law, in relation to security  depos-
         its collected by child day care providers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The social services law is amended by adding a new  section
    2  390-g to read as follows:
    3    S 390-G. REQUIRING CHILD DAY CARE PROVIDERS TO ESCROW CERTAIN SECURITY
    4  DEPOSITS.   1. CHILD DAY CARE PROVIDERS, LICENSED OR REGISTERED PURSUANT
    5  TO THIS TITLE, THAT COLLECT ADVANCE SECURITY DEPOSITS OF  AN  AMOUNT  IN
    6  EXCESS  OF,  BUT  NOT  EQUAL  TO,  THE  FEE  FOR TWO WEEKS OF CHILD CARE
    7  SERVICES ARE REQUIRED TO DEPOSIT THE DIFFERENCE BETWEEN THE FEE FOR  TWO
    8  WEEKS  OF SERVICES AND THE TOTAL AMOUNT OF THE REQUIRED SECURITY DEPOSIT
    9  INTO AN ESCROW ACCOUNT WHICH SHALL NOT  BE  MINGLED  WITH  THE  PERSONAL
   10  MONIES OR BECOME AN ASSET OF THE DAY CARE PROVIDER.
   11    2.  THE  CHILD  DAY CARE PROVIDER MUST COMPLY WITH THE REQUIREMENTS OF
   12  SUBDIVISION ONE OF THIS SECTION AND, PRIOR TO TERMINATION OF SERVICES BY
   13  THE CHILD'S PARENT OR GUARDIAN MUST:
   14    (A) PROVIDE CHILD CARE SERVICES EQUAL TO THE AMOUNT OF TIME COVERED BY
   15  THE TOTAL AMOUNT OF THE SECURITY DEPOSIT; OR
   16    (B) RETURN THE EXCESS SECURITY DEPOSIT PLUS ACCRUED INTEREST; OR
   17    (C) RETURN THE TOTAL AMOUNT  OF  THE  SECURITY  DEPOSIT  PLUS  ACCRUED
   18  INTEREST ON THE EXCESS SECURITY DEPOSIT.
   19    S  2.  This  act  shall take effect on the sixtieth day after it shall
   20  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00516-01-9