July 13 Webinar Rebroadcast: Practicing Before the IRS – Circular 230 A to Z

Register for the July 13 rebroadcast of the two-hour webinar, “Practicing Before the IRS – Circular 230 A to Z.” 

 

Certificates of completion are being offered. Earn up to three continuing education (CE) Credits — two CE credits for Ethics and one for Federal Tax.

 

NOTE: If you previously earned CE credit for the Jan. 13, 2016, “Practicing Before the IRS” webinar, you may participate in the July 13 rebroadcast, but you may not earn credit again for this rebroadcast

Guidance on Complying with Education Law Article 129-B from New York State Education Dept.

Complying with Education Law Article 129-B New York State Education

I- Introduction:

This guidance document is joint guidance of the State Education Department and the New York State Office of Campus Safety. It is intended to assist colleges and universities in complying with Education Law Article129-B, as added by Chapter 76 of the Laws of 2015, relating to the establishment of sexual assault, dating violence, domestic violence and stalking prevention and response policies and procedures. Article 129-B includes §§ 6439-6449 of the Education Law.

II- History of the Legislation:

Governor Andrew Cuomo introduced comprehensive sexual assault prevention legislation as part of the 2015 Executive Budget. Final legislation was passed unanimously in the Senate (S.5965, sponsored by Senator LaValle) and 138-4 in the Assembly (A.8244, sponsored by Assemblymember Glick) on June 17, 2015. On July 7, 2015, Governor Cuomo signed the bill into law as Chapter 76 of the Laws of 2015.

Article 129-B (except for the provisions regarding Climate Surveys [Education Law §6445] and Reporting Aggregate Data to the Department [Education Law §6449]) became effective October 5, 2015. The Climate Survey and Aggregate Data sections take effect in July 2016 with the provisions applying for the 2016-2017 academic year.

III- Rulemaking:

The State Education Department (SED) is required by Education Law §6449(4) to adopt regulations by October 5, 2016 relating to the reporting of aggregate data, in consultation with representatives of SUNY, CUNY, and the private and independent colleges.

IV- Compliance:

Each institution is required by Education Law §6440(1) to adopt written rules implementing this article by amending its code of conduct or other comparable policies. A copy of these rules and policies must be filed with SED on or before July 1, 2016. Updated policies must be filed at least every 10 years, except that the second filing shall coincide with the required filing of a certificate of compliance under Article 129-A of the Education Law, and continue on the same cycle thereafter. 

***

Read or download entire Guidance in pdf.

Election Workers: Reporting and Withholding–IRS

Each election year, thousands of state and local government entities hire workers to conduct primary and general elections. To understand the correct tax treatment of these workers, you need to be aware of specific statutes that apply to them and whether they are covered by a Section 218 Agreement. 

This updated article from the Federal, State and Local Government office of the IRS will help you understand the reporting and withholding requirements for election workers.

ORT’s TRID Closing Calendar

ORT’s  TRID Closing Calendar tool allows you and your customers to easily plan your settlement/signing dates in order to meet the CFPB’s TRID Rule timing requirements.

Select your closing method … and then click on a closing/recording date to see the desired closing timeline.

Public Comment Period for Pesticide SPDES General Permit Renewal- NYS DEC

The draft renewal of the SPDES General Permit for Point Source Discharges to Surface Waters of New York from Pesticide Applications (GP-0-16-005) and Fact Sheet are available for public review. The Pesticide SPDES General Permit will authorize point source discharges to, in or over surface waters of New York State from the application of New York State registered pesticides labeled for aquatic uses in accordance with Environmental Conservation Law and the Clean Water Act.

Written comments on the draft general permit will be accepted until close of business on May 20, 2016. View the April 20 Environmental Notice Bulletin for instructions on how to comment.

IRS Webinar–TE/GE Worker Classification: Employee or Independent Contractor?

Watch this free webcast about TE/GE Worker Classification: Employee or Independent Contractor? 

When: May 12, 2016; 2 p.m. (Eastern) 

How: Register for this event. You will use the same link to attend the event. 

Learn about: 

  • Why this matters
  • How to recognize Control Factors
  • Benefits of Voluntary Compliance
  • How the Form SS-8 can help

Criteria and Procedures for Determining Assigned Counsel Eligibility (with forms)–NYS OILS

———- Forwarded message ———-

From: Leahy, Bill (ILS) <Bill.Leahy@ils.ny.gov>

Date: Mon, Apr 4, 2016 at 4:26 PM

Subject: Criteria and Procedures for Determining Assigned Counsel Eligibility

Dear Board Members, Chief Defenders, Parental Representation Providers, County and City Officials:

 I am pleased to share with you the Criteria and Procedures for Determining Assigned Counsel Eligibility. They are the product of public hearings and surveys we conducted, in which many of you participated. These Criteria and Procedures are an important step toward the goal of having a uniform and legally acceptable eligibility standard in New York for people who are entitled by law to the assistance of counsel but “who are financially unable to obtain counsel.” County Law § 722. They are issued in accordance with Section VI of the Stipulation and Order of Settlement in Hurrell-Harring v. The State of New York and the authority granted to ILS under Executive Law § 832(3)(c). Their effective date is October 3, 2016. During this six-month period, judges and eligibility screeners will receive training in their implementation.

 I would like to emphasize a few points about these Criteria and Procedures:

 ·         Both the statute and the settlement order state that the Criteria and Procedures are intended “to guide courts…in determining whether a person is eligible for” publicly funded representation.

 ·         The Criteria and Procedures do not require any change in current practice whereby some judges determine eligibility directly, while others delegate eligibility recommendation responsibility to a screening entity.

 ·         The Criteria and Procedures respond to decades of criticism of New York’s failure to have a consistent set of criteria and procedures for determining eligibility for assigned counsel.  In particular, they address the 2006 Kaye Commission critique that “guidelines for the appointment of counsel exist only in a few counties and that even in those counties, the guidelines were not uniformly applied.”  Therefore, “a defendant may be deemed eligible for the appointment of counsel in one county and ineligible in a neighboring county or even in a different court within the same county.”

 ·         The process that we used to develop these Criteria and Procedures is explained at pp. 6-10.  I emphasize here that an important resource discovered at one of our eight public hearings was the 1977 Memorandum by the then-Director of the Third Judicial Department, Richard J. Comiskey, prepared at the direction of then-Presiding Justice Koreman and entitled “Assignment of Attorneys to Represent Individuals who are Financially Unable to Obtain Counsel.”  Our Criteria and Procedures build upon that early effort, which may be found at    https://www.ils.ny.gov/files/Hurrell-Harring/Eligibility/Written%20Submissions/6th%20JD/Murphy/1977%20Third%20Department%20Memo.pdf.

 ·         We have heard and we respect the concerns that the implementation of these Criteria and Procedures may, in some localities, increase the number of persons who are eligible for the appointment of counsel. The data collection procedures described at pp. 50-51 are designed to measure that potential fiscal impact. Even in advance of implementation, during this six-month period of preparation, we will attempt to estimate the potential fiscal impact in particular localities; and we will seek additional state funding to pay for any increase in local costs which is attributable to their implementation.

 ·         A comprehensive study that we undertook to inform our establishment of these Criteria and Procedures is available for review on our website, https://www.ils.ny.gov.   That report is entitledDetermining Eligibility for Assignment of Counsel in New York: A Study of Current Criteria and Procedures and Recommendations for Improvement (Final Report: February 12, 2016). The Criteria and Procedures themselves are also accessible on our website.

 ·         As explained at page six, second paragraph, these Criteria and Procedures apply to criminal court proceedings in the counties outside of New York City.  However, we hope that they will provide guidance also to judges making eligibility determinations in criminal cases in New York City, and to Family Court judges statewide.

 Thank you all for your efforts to improve the quality of legally mandated representation in New York.

 Bill 

 William J. Leahy

Director

NYS Office of Indigent Legal Services

80 S. Swan Street

11th Floor

Albany, NY  12210

518-486-5747 (office)

617-997-9091 (mobile)

bill.leahy@ils.ny.gov

http://www.ils.ny.gov

Editor’s NOTE:  Forms are included in the appendices to the document.

Follow

Get every new post delivered to your Inbox.

Join 1,694 other followers

%d bloggers like this: