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2008 NYS Assembly Significant Legislation |
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AGING Increase Real Property Tax Exemptions To Senior Citizens Reduces the age of eligibility for the real property tax exemption for senior citizens from 65 years of age to 62 years of age. Current law only allows senior citizens of 62 years or older to receive an exemption so long as their respective local government agrees to lower its age requirement. (A.267-A; Passed Assembly) Protecting Senior Citizens From Financial Exploitation Creates the Financial Exploitation, Outreach, Education and Training Program. The initiative would be administered through the state Office for the Aging, and it would educate elderly adults about how to protect themselves from rampant crimes of financial mistreatment. (A.6519-A; Passed Assembly /S.3127-B; Rules) Maintaining The Income Eligibility of Seniors for the EPIC program Provides that an individual would not become ineligible for the EPIC program when their social security or pension benefits increase. The measure is aimed at preventing seniors from becoming ineligible for EPIC prescription drug coverage because of a pension cost-of-living increase. (A.7923-A; Passed Assembly/S.511-A; Finance). Adult Day Care Extends the expanded availability of the Adult Day Health-Care program for four years. (A.10121 / S.7110; Chapter 582) Alzheimer Services Enacts the Omnibus Alzheimer's Services Act of 2008, which creates a model program for local law enforcement agencies to quickly locate seniors with disabilities who may become lost. (A.10265-B / S.7585-C; Passed both houses) Agricultural Product's Origin Disclosure Requires all beef, lamb, fish, pork, produce and peanuts sold in the state be labeled with the name of the country in which it was produced. (A.1999-A; Passed Assembly /S.7204; Consumer Protection) Creating Toll-Free Statewide Hotline to Report Animal Fighting Establishes a toll-free number to aid investigators working to prevent and uncover animal fighting. Calls to the hotline would be confidential and information provided would be forwarded to law enforcement and the Society for the Prevention of Cruelty to Animals. (A.10445-B; Passed Assembly /S.6663-B; Rules) Ice Cream Produced From Wine Allows for the production and sale of ice cream made from wine and requires each unit to be labeled to indicate that the product contains alcohol. (A.10132/S.7168; Chapter 189) Banning the Electrocution of Fur-Bearing Animals Prohibits the use of electric current devices to kill fur-bearing animals to harvest their pelts. The measure would prevent the unnecessary suffering of these animals. (A.9419/S.6497; Chapter 25) Protecting Pets During Disasters Creates state and county animal response teams to relocate, shelter and reunite pets with their owners after a cataclysmic event. (A.9715-A/S.7184-A; Chapter 182) Protecting Animals From Extreme Temperatures Establishes the act of confining a companion animal in a vehicle during extreme temperatures as an act of animal cruelty and provides law enforcement with procedures for removing such animals from confinement. (A.10343-C/S.1282-D; Chapter 586) Ensuring Sanitary Slaughterhouses Requires all state-inspected slaughterhouses to publicly display the results of their facilities most recent sanitary inspection and to provide the inspection to the public upon request. (A.5375/S.5207; Chapter 166) Slaughterhouse Licenses Creates a moratorium on the licensing of new slaughterhouses within 1500 feet of a residential dwelling in New York City. The bill would provide a sanitary and comfortable living environment for residents. (A.246-A / S.5920-A; Chapter 395) Chemical Dependency Expands the duties of the Interagency Geriatric Mental Health Planning Council to include chemical dependence and veterans. The bill aims to address the problem of substance abuse among a growing number of adults 60 and older as well as the special needs of aging veterans. (A.10934 / S.7537; Chapter 203) Chemical Dependency Treatment Amends the mental hygiene law, to create a Chemical Dependence Treatment Bill of Rights. This bill would provide protections to patients at chemical dependence treatment facilities and make patients, medical personnel and care givers aware of the rights patients are entitled to under the law. (A.10699; Passed the Assembly) Advisory Council Amends the Mental Hygiene Law to include representation from gambling and addiction treatment programs on the Advisory Council on Alcoholism and Substance Abuse Services. (A.10939/S.7562; Chapter 259) Addressing The Subprime Mortgage Crisis In New York Provides assistance to current and future homeowners by modifying the foreclosure process and enacting a statute to govern subprime mortgage lending. This legislation would authorize the superintendent of the state Banking Department to establish the grounds for imposing fines and penalties on the activities of mortgage loan services. The measure would also set standards and limitations on home loans and mandate the registration of loan providers. The bill also would establish the crime of residential mortgage fraud. (A.10817-A / S.8143-A; Chapter 472) Assisting Visually Impaired ATM Users Requires ATMs to use both audio and visual means of transmitting transaction information to users in order to make these machines more usable for visually impaired New Yorkers. (A.73-A; Passed Assembly) Mortgage Bill Of Rights Ensures that prospective mortgage applicants are aware of their rights when purchasing a residential property. The legislation would require mortgage lenders and brokers to provide consumers with a Mortgage Bill of Rights pamphlet which must be signed by the consumer prior to the mortgage application. (A.10219-A; Passed Assembly / S.8226; Banks) State and Local Government Banking Deposits Allows the state and local municipal funds to be deposited into state chartered savings banks, credit unions, and savings and loan associations in order to stimulate the local economy. (A.10450-A; Passed Assembly / S.7768; Banks) Consumer Mortgage Safeguard Protects consumers against abuses in the subprime and nontraditional home loan market by enacting the New York State Responsible Lending Act of 2008. (A.8972-C; Passed Assembly) Mortgage Tax Exemption Exempts state-chartered credit unions from the additional mortgage recording tax. (A.10979 / S.8122; Chapter 522) Illegal Check Cashing Prohibited Establishes as a crime when an unlicensed person or money processing operation cashes checks, drafts or money orders. Under the bill, violators would be charged with a class A misdemeanor. (A.10066/S.5344; Chapter 235) New Bank Branch Regulations Establishes new regulations for opening bank branches in the state by allowing banks, trust companies, savings banks, and savings and loan associations to maintain a branch office at any bank, trust company, safe deposit company, national bank association, federal savings banks, or federal savings and loan associations that have been acquired in a merger or asset acquisition. (A.11027-A; S.7360-A; Chapter 547) Regulating Trusts Allows the state Banking Department superintendent to regulate trust offices in New York. (A.11028/S.7365; Chapter 209) Regulating Out-Of- State Based Banks Requires de novo bank branches owned by out-of-state banks to comply with New York State laws, rules and regulations and authorizes the state Banks Superintendent to monitor and regulate these branches. (A.11031/S.7434; Chapter 316) 'Safe Harbor' For Child Sex Workers Defines sexually exploited children as someone under the age of 18 who may be subject to sexual exploitation because they engaged or agreed or offered to engage in sexual conduct in return for a fee, food, clothing or a place to stay. This measure also would provide support services to youth who are victims of sexual exploitation. (A.5258-C/S.3175-C; Chapter 569) Child Custody Expands the placement options for children who have been removed from their homes by authorizing Family Court to issue an order of custody or guardianship while a child protective proceeding is ongoing. (A.10808-A/S. 7447; Chapter 519) Foster Care Guardianship Establishes services for youth who were sexually exploited, and provides that under certain conditions such a youth would be considered by the Family Court to be a person in need of supervision (PINS), rather than a juvenile delinquent. (A.8358-B/S.4838; Chapter 404) Office Of Child Advocate Creates the independent Office of the Child Advocate to oversee child welfare, foster care, juvenile justice and child care services. The Office of Child Advocate would be responsible for identifying systematic problems and making recommendations for service improvements to the governor and Legislature. (A.304-D; Passed Assembly) Crane Safety Establishes new safety standards for the operation, installation and removal of cranes in New York City. Under the bill, crane riggers would be required to complete 30 hours of training courses as well as complete additional training every three years. (A.11393-A; Passed Assembly / S.8470; Rules) Granny's Law Increases to a class D violent felony the crime of assaulting a person 65 years of age or older when the attacker is more than ten years younger than the victim. The legislation came in response to several shocking assaults on elderly New Yorkers, including the case of Rose Morat, a 101-year-old Queens woman who was mugged in the lobby of her apartment building. (A.9818/S.6979; Chapter 68) Protecting the Elderly from Fraud Cracks down on those who scam and defraud vulnerable elderly persons with a felony by lowering the threshold for felony charges from defrauding ten persons to defrauding two vulnerable elderly persons. (A.9813/S.7942; Chapter 291) E-STOP Establishes the Electronic Security and Targeting of Online Predators Act (E-STOP). The bill mandates that sex offenders register Internet accounts and screen names used for social networking purposes with law enforcement; allows social networking web sites to access sex offender Internet information in order to prevent offenders from preying on children and report violations of the law to investigators. It also would restrict the use of the Internet by certain sex offenders on probation and parole. This legislation is the result of an agreement with the attorney general and the Senate to prevent sex offenders from preying on children through Internet social networking sites. (A.9859-A/S.6875-A; Chapter 67) Internet Impersonation This bill would make it a crime to impersonate an individual over the Internet. (A.8252/S.4053; Chapter 304) Unlawful Impersonation This bill would expand the scope of "unlawful impersonation" to include not only police officers but any law enforcement officers. (A.1831-A/S.3079-A; Chapter 434) Creating a Criminal Penalty For Obstructing A Call for Emergency Assistance Establishes that an act to intentionally prevent a person from making a call for emergency assistance is a crime. The measure is aimed at preventing domestic violence. (A.614/S.2452; Chapter 69) Prohibiting Police Use of Racial and Ethnic Profiling Prohibits the use of racial or ethnic profiling in traffic stops and searches. The measure requires police departments to maintain procedures for profiling complaints and mandates that each department collect and maintain data on all traffic stops and "stop and frisk" actions. The information would be submitted annually to the Division of Criminal Justice Services. The legislation also permits victims of racial or ethnic profiling to seek damages. (A.627; Passed Assembly/S.7554; Finance) Police Misconduct Provides the attorney general with the jurisdiction to investigate and prosecute police misconduct. (A.715; Passed Assembly / S.4273; Codes) Law of Searches, Arrests and Seizures Addresses the proper execution of a warrant of arrest by establishing education programs for judicial personnel on the law of searches, arrests and seizures. (A.776-A; Passed Assembly / S.7361; Codes) Discharge of Weapons Requires police officers who have discharged their weapon in the course of their employment to be tested for the presence of drugs and/or alcohol. (A.786; Passed Assembly / S.7352; Labor) Disclosure of Search Warrant Applications Mandates law enforcement to disclose prior applications for search warrants previously denied to judges when applying for warrants. (A.5063; Passed Assembly) Extending the Statute of Limitations on Sex Crimes Against Children Adds five years to the statute of limitations which would not begin until the victim turned age 23. Under the bill, a child victim would have until the age of 28 to seek prosecution. The measure would help victims of child sexual abuse by giving them a voice, particularly those who are assaulted by people with authority over them. (A.4560-B; Passed Assembly/S.4614-A; Codes) Sex Offenders Denied Real Estate License Prohibits sex offenders who have been convicted of a Megan's Law offense from becoming a real estate broker (A.1269 / S.1531; Chapter 430) Sex Offender Signed Verification Establishes procedures for sex offenders who fail to mail a signed verification within 20 calendar days of receiving the document from the Division of Criminal Justice Services. The bill would help law enforcement better confirm the locations where sex offenders live. (A.1179-A; Passed Assembly /S.5570-A; Crime Victims, Crime and Corrections) New Crime of Facilitating a Sexual Performance by a Child This bill creates a new class B felony of "facilitating a sexual performance by a child with a controlled substance or alcohol." (A.3530/S.1862; Chapter 431) Child Luring Creates the new crime of luring a child. Under the bill, individuals convicted of luring a child into a motor vehicle, aircraft, watercraft, building or isolated area to commit a violent felony or felony sex offense would be charged with a class E felony punishable by up to four years in prison. (A.8488-A/S.5595-A; Chapter 405) Falsely Reporting Incidents of Child Abuse Establishes a new crime of falsely reporting an incident of child abuse to a mandated reporter of child abuse with the intent that it be reported to the Statewide Central Registry. (A.5188-A/S.8615; Chapter 400) Sexual Abuse Prevention Establish a series of measures to protect victims of sexual violence, including mandatory sexual assault training of police officers and the establishment of a statewide, toll-free hotline to link sexual assault victims to local rape crisis centers. It also would require the Office of Children and Family Services to develop a program to teach child protective services workers about appropriate and effective techniques used to investigate reports of sexual abuse. (A.3148; Passed Assembly) Forensic DNA Expands the use of DNA to convict the guilty, make greater use of DNA evidence to exonerate the innocent and reduce the incidences of wrongful convictions. This legislation was reviewed by a joint legislative conference committee, but no agreement was reached. (A.8693-A; Passed Assembly) Outlawing the Display of A Noose Classifies etching, drawing, painting or displaying a noose, a symbol of racial intolerance, on real property as aggravated harassment. (A.9480/S.6499; Chapter 74) Protections for the Disabled Creates the new crime of endangering the welfare of an incompetent and physically disabled person in the second and first degrees. The measure would raise the penalties for assault crimes committed against these vulnerable individuals by caregivers. (A.9309-A; Passed Assembly) Orders of Protection and Gun Ownership Requires a judge, who is presiding over a criminal or family court proceeding, to inquire as to the possession of a firearm by a defendant under an order of protection. (A.1497; Passed Assembly /S.4416; Codes) Gunback Ground Checks Provides information to the federal gun registry that discloses the records of individuals who have been involuntarily committed to a health facility or are subject to Kendra's law, a statute that mandates participation in an outpatient mental health treatment program. (A.11758 / S.8706; Chapter 491) Possession of Armor Piercing Ammunition Criminalizes possession of ammunition designed to penetrate body armor, frangible or devastator ammunition as criminal possession of a weapon. (A.3447; Passed Assembly /S.2002; Codes) Cracking Down on Illegal Street Gun Trafficking Requires stringent recordkeeping and reporting to prevent gun sales to criminals. The measure mandates that gun dealers must implement a security plan, require employee training and prevent access to guns by minors. (A.6525-A; Passed Assembly /S.2404; Codes) Microstamping Requires that semi-automatic pistols manufactured or delivered to any licensed dealer in New York State be capable of microstamping. The bill would ensure that when a gun is fired, information identifying the make, model and serial number of the gun is stamped onto the cartridge as numbers and letters. The bill also sets fines for violations of this requirement. (A.9819-A; Passed Assembly / S.8541; Rules) Tracking Guns Involved In Crimes Mandates law enforcement personnel to submit ballistic information to the new State Police Ballistic Identification Databank whenever spent bullets, shell casings or guns come into their possession. (A.3451; Passed Assembly /S.3009; Finance) The Children's Weapon Accident Prevention Act Creates five new crimes for negligently storing a firearm. Gun retailers would be required to alert consumers about the revised weapons storage requirements. Under the measure, the state Education Department would develop a weapons safety program to educate children on how to prevent weapon accidents. (A.76-A; Passed Assembly). Childproofing Firearms Creates a class A misdemeanor of selling guns without childproof features. The legislation includes the sale of pistols and revolvers manufactured 12 or more months after its effective date. (A.829; Passed Assembly/S.7556; Codes) Definition of a Disguised Gun Adds to the definition of a disguised gun those guns that are designed to appear as toy firearms with the use of a color finish different than the original manufacturer's color, decorative pattern or plastic surface. (A.2868; Passed Assembly/S.3868; Codes) Sniper Rifle Ban Prohibits the civilian possession, sale and use of military style .50-caliber weapons. These sniper rifles are capable of disabling armored personnel carriers used by the military and shooting down aircraft at a range of more than a mile away. (A.2772-A; Passed Assembly / S.2411-A; Codes) Assault Weapon Ban Expands the legal definition of assault weapons to strengthen the state's law that prohibits possessing these deadly, military-style guns. (A.7331-A; Passed Assembly) Banning Plastic Knuckles Adds plastic knuckles to the list of illegal and dangerous weapons. (A.10522/S.7528; Chapter 257) Fighting Street Gangs Amends New York's coercion statutes to ensure that a person who uses violence or blackmail or threats of violence or other harm to compel or induce a person to join a street gang or similar criminal enterprise may be prosecuted. (A.11636/S.8629; Chapter 426) Animal Fighting Spectators Criminalized Establishes it as a crime for knowingly being a spectator at an animal fighting event. (A.10092-A / S.6466-A; Chapter 308) Cellular Phone Bans the use of cellular phones to record or transmit a photo taken in a setting where there is a reasonable expectation of privacy. (A.8939/S.2589; Chapter 291) Movie Piracy Outlawed Creates the Piracy Protection Act and establishes the crimes of unlawful operation of a recording device in a motion picture or live theater. (A.11184-A / S.8201-A; Delivered to Governor) Illegal Health Record Duplication Establishes the crime of illegally duplicating computer material that contains health records with the intent to commit any crime. The bill also would make it a D felony when computer material is altered or tampered with and it results in serious physical injury. (A.10765/S.7695; Chapter 590) Violent Video Games Establishes an advisory council on interactive media and youth violence. It also requires new video game consoles to be equipped with "parental controls" to allow parents to screen and block access to adult content. It also requires video games to carry a rating in order to better inform parents about the video game's content. (A.11717 / S. 6401; Chapter 299) Violent and Indecent Video Games Prohibits the distribution of video games that promote depraved violence and indecent sexual images to minors. Under the bill, violators could face a class E felony charge of up to four years in prison. (A.8696-A; Passed Assembly) Creating New Crime of Aggravated Identity Theft Creates a new crime of aggravated identity theft and increases penalties for identity theft when committed against a member of the armed forces deployed overseas. (A.11058/S.1829-C; Chapter 226) Modification of Charges Prohibits the state police from adopting rules that would limit or prevent troopers from modifying or recommending to a court a modification of a petty violation of the Vehicle and Traffic Law. (A.10471/S.7273; Veto 80) Ensuring Lawful Imposition of Post-Release Supervision Ensures that periods of post-release supervision are lawfully imposed on recipients of determinate sentences of imprisonment. (A.11764/S.8714; Chapter 141) Crime Victim's Award This bill would help reduce financial hardships for crime victims by defining "necessary court appearances." The bill would allow victims to be reimbursed for the transportation costs they incur while appearing in court proceedings related to the prosecution of their attackers. (A.6675; Passed Assembly) Expanding Concept of "Property of Another" This bill would expand the concept of "property of another" to include jointly held property. (A.6308-A/S.2061-A; Chapter 601) CONSUMER AFFAIRS AND PROTECTION Protecting Consumers Against Identity Theft Restricts an employer's access to an employee's personal information by prohibiting Social Security Numbers on ID badges, ID cards, time cards, or in files with open access. Additionally, the measure prohibits the use of "skimmer" devices, which can obtain personal identifying information from credit cards, under circumstances where there is intent to use the device to commit identity theft (A.11752/S.8376; Chapter 279). Safeguarding Children From Harmful Toys Protects children by outlawing the sale of recalled toys and other products while mandating that manufacturers and retailers take steps to inform consumers of recalls. Measure also mandates that manufacturers of toys, cribs and playpens provide a product safety card to the consumer at the time of purchase. It also would mandate that the toys be labeled with the manufacturers' and importers' names, contact information and batch numbers. (A.11316-A/S.8297; Chapter 553). Informing Debtors of Their Rights Requires debt collectors to provide consumers a written notice of their rights under the state debt collection law. The measure would also forbid debt collectors from disclosing information relating to a consumer's credit status if the principal creditor is aware that the information is false. (A.221; Passed Assembly/S.5044; Consumer Protection) Price Gouging Increases the maximum penalty for price gouging from $10,000 to $25,000 (A.425 / S.1547; Chapter 224) Yo-Yo Water Balls Bans the sale of Yo-Yo Water Ball toys that have caused numerous injuries to children. (A.972 / S.170-A; Chapter 498) CORPORATIONS, AUTHORITIES AND COMMISSIONS Robert F. Kennedy Bridge Acknowledges the great contribution of Robert F. Kennedy to the State of New York and our nation by changing the name of the Triborough Bridge to the Robert F. Kennedy Bridge. (A.10789 / S.7231; Chapter 453) Thruway Board Member Term Limits Establishes term limits for appointments to the Thruway Authority Board, and would require that the term of each board member be terminated 60 days after the inauguration of a new governor unless such governor orders otherwise. (A.10286; Passed Assembly) MTA Disabled Riders' Council Establishes the MTA Riders' Council for People with Disabilities to study, investigate, monitor, and make recommendations with respect to the accommodations of the needs of people with disabilities to the authority and its subsidiaries. The Council would be authorized to recommend an additional non-voting member to the MTA Board. (A.10734-A; Passed Assembly /S.7817-A; Transportation) MTA Retirees Medicare Part B Reimbursement Requires the Metropolitan Transportation Authority and its subsidiaries to reimburse retirees and their dependents for the total amount of Medicare Part B premium costs. (A.7055; Passed Assembly/S.6212; Rules) Telecommunications Relay Service Center Extends for an additional five years, until June 1, 2013, the establishment of the New York Telecommunications Relay Service Center which provides assistance to people with speech and hearing disabilities to make phone calls. (A.11361/S.8260; Chapter 128) Telecommunications Assistance to the Hearing and Speech Impaired Requires the Public Service Commission (PSC) to establish a statewide program to distribute telecommunications assistance devices to persons who are hearing or speech impaired at no cost to the consumer. The measure also would direct the Department of Public Service (DPS) to fund telecommunication programs that will provide people with disabilities training, equipment and other services. (A.7102; Passed Assembly/S.2164; Energy and Telecommunications) Unlisted Phone Numbers for Domestic Violence Victims Requires telephone companies to provide victims of domestic abuse who have been issued a court order of protection with free unlisted telephone numbers for the duration of the order. (A.2934; Passed Assembly/S.1518; Energy and Telecommunications) Public Authority Employee Non-Disclosure Agreements Establishes as unlawful for a public authority to require an employee, as a condition of employment, to enter into a contract that prohibits him or her from disclosing information they received while employed by the public authority. (A.11506/S.8485; Veto 134) PSC Approval of Stock Transfers Expands the types of business entities that must obtain prior approval from the Public Service Commission (PSC) for the acquisition of more than 10 percent of the franchises or stock of a utility corporation, including companies, associations and partnerships. (A.11026; Passed Assembly/S.7435; Energy and Telecommunications) Election of Board of Directors Allows the plurality rule to be changed in a corporation's by-laws through a vote of the corporation's board of directors. Currently, the directors of a corporation's board are elected by a plurality of shareholder votes unless otherwise provided for in a certificate of incorporation by a vote of the shareholders. (A.10824/S.7350; Chapter 314) Corporate Payment of Dividends Allows dividends to be paid out of net profits for the current or prior year, in the event that there is no surplus. Current law requires that a corporation declare dividends only out of its surplus. (A.10825/S.7349; Chapter 313) Mentally Ill Inmates Removed From Segregated Housing Units Removes state prison inmates with serious mental illness from segregated housing units (SHU). Under the bill, these inmates will be housed where specialized residential mental health treatment is available. The legislation requires the state Department of Correctional Services (DOCS) to conduct a mental health assessment of all inmates placed in SHU confinement and periodic reassessments thereafter. These new mental health treatment units will be operated jointly by the state Office of Mental Health (OMH) and DOCS. (A.9342/S.6422; Chapter 1) Expanding the Sex Offender Registration Act Requires persons with a mental illness who have been convicted of a sexual offense to comply with the terms of the state Sex Offender Registry. (A.1188; Passed Assembly). Expand Megan's Law Amends the Sex Offender Registration Act (SORA) to require registration by persons convicted of the federal crimes of coercion and enticement, transportation of minors or use of interstate facilities to transmit information about a minor. (A.9949/S.4332; Chapter 232) Placement of Sex Offenders Requires the Division of Parole, the Division of Probation Alternatives and the Office of Temporary and Disability Assistance to establish rules regarding the placement of sex offenders. The bill aims to establish guidelines for the placement of sex offenders in residential areas to ensure they pose no threat to public safety. (A.4988/S.8035; Chapter 568) Parole Board Allows the parole board to discharge persons with maximum sentences of life who no longer pose a risk to society. (A.9727/S.6731; Chapter 310) Parole Supervision Requires non-violent drug offenders who were presumptively released to be discharged from parole after two or three years of un-revoked parole supervision. (A.11558 / S.8521; Chapter 486) Article 23-A, Employer Disclosure Mandates employers provide prospective employees with a copy of Article 23-A of the Correction law when the employer receives a consumer report that contains criminal record information about the employee. An Article 23-A is the part of the law that protects persons with a criminal record from unfair discrimination. The bill also requires all employers to post a copy of Article 23-A in the workplace. (A.10288 / S.7638; Chapter 465) Evidence of Employee's Past Criminal Record Creates a rebuttable presumption in favor of excluding evidence of an employee's past criminal record in a negligent hiring case where the employer has complied with Article 23-A of the correction law. This bill provides that employers can only reject an applicant based on a record of criminal convictions if there is a "direct relationship" between the criminal offense and the specific employment sought (A.7847-A / S.4956; Chapter 534). Medicaid Filing Program, Pilot Project Establishes a pilot project for filing medical assistance applications for inmates in specialized "reentry units" prior to release. If the inmates are determined to be eligible for medical assistance, they would be enrolled in Medicaid upon release from custody. The services provided by Medicaid enable individuals leaving prison to have access to medical care, drug treatment, and mental health services to help prevent recidivism. The SFY 2008-09 state budget included funding to cover the staffing costs associated with the filing and processing of medical assistance applications for inmates (A.10864; Passed Assembly). HIV Prevention Requires correctional facilities to provide inmates with information about the prevention of HIV and inform them of their ability to obtain HIV testing and counseling upon release. (A.8849-A /S.8508; Veto 91) Merit Time for Domestic Violence Survivors Allows domestic violence survivors incarcerated for committing crimes against an abuser, as a direct result of the abuse suffered, to earn merit time and participate in temporary and early release programs. (A.6150 / S.3164; Rules) Empire Zone Reforms Authorizes a review of the Empire Zone program to determine whether businesses receiving benefits are to be subjected to a cost-benefit test. This bill would ensure that the companies participating in the program provide the level of jobs and investments that is appropriate to the tax credits being awarded by the state. The legislation also would approve the re-test of businesses that reincorporated in order to receive Empire Zone grants and decertify those that used the program only to receive lucrative benefits without creating any new jobs. (A.9125, Passed Assembly) Power for Jobs Program Provides a one-year extender of the Power for Jobs Program, requiring the New York Power Authority to provide $30 million of low-cost power, thereby assuring businesses the program will continue for at least one year. (A.9809-C / S.6809-C; Chapter 59) Unbranded Motor Fuel Invalidates any provision of a franchise agreement with a gasoline refiner that prohibits a dealer or distributor from selling or purchasing unbranded motor fuel. This measure would permit service station dealers who own their retail locations and distributors who supply such locations to sell unbranded motor fuel so consumers will have access to less expensive gasoline. (A.9073-B / S.6151-B; Chapter 578) Minority, Women Owned Businesses Requires municipalities that receive RESTORE awards to give priority to minority and women contractors or locally-based contractors. It also would require contractors to consider local residents first for any job openings that are created. (A.9161; Passed Assembly) Job Creation Followup Requires the Empire State Development Corporation to follow-up on job creation projects within five years of an employer's receipt of financial assistance from the state. (A.9130; Passed Assembly) Micro Businesses Establishes the micro business outreach center to provide firms that employ less than five employees with the knowledge and tools they need to be competitive. Under the measure, individuals without access to traditional sources of finance could access the centers for information about business plans, loan programs and how to operate a business. (A.2766; Passed Assembly / S.1338; Rules) State Economic Development and Small Businesses Requires the state's economic development agencies to provide preferences to small businesses and entrepreneurs in the programs they administer. (A.6906 / S.3581; Veto 57) Sex Offenders Required to Register With State Face Automatic Revocation of Certification / License Upon Conviction Requires that teachers, including classroom teachers, teaching assistants, school counselors, psychologists and social workers, school administrators or supervisors or superintendents of schools, who are convicted of a sex offense and are required by law to register with the state as a sex offender will have their teaching certificate or license automatically revoked and their employment immediately terminated upon conviction. (A.11500-A / S.8553; Chapter 296) Automatic Revocation of Administrators' / Supervisors' Certification Upon Conviction of Defrauding the Government Terminates the employment and revokes the professional certificate of school administrators or supervisors who are convicted of defrauding the government. (A.11513 / S.8554; Chapter 325) NYC School Construction Authority Requires the New York City School Construction Authority (SCA) to provide a public notice regarding the proposed site plan for leased space to be used as an educational facility and to file the plan with the City Council for their review. The measure also would require the Community Education Council of the affected community school district and the local community board to each hold a hearing on such a proposal. (A.8838; Passed Assembly / S.7127; Corporations) Dignity for All Students Act Enacts the "Dignity for All Students Act" to require school districts to develop policies aimed at preventing harassment and discrimination based on actual or perceived race, color, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex in public schools. (A.3496; Passed Assembly/S.1571; Education) Board of Education Members, Training Course Requires every first-year trustee or voting member of a board of education of a school district or a board of cooperative educational services to complete a State Education Department (SED) approved training course about the board's responsibilities, powers and functions. The measure also would ensure that board members are aware of the powers and duties of other governing and administrative authorities affecting public education. (A.2469; Passed Assembly / S.7327; Education) Increasing Access to School Meals Requires the Commissioner of Education to disseminate information on best practices utilized by school districts and schools which simplify access to school meals and eliminate the distinction between students receiving a free or reduced price meal and those paying a full price. (A.8699-A /S.6040; Chapter 172) Information on Additional Services for Children with Disabilities Allows members of a school district's committee or subcommittee on special education and preschool special education to compile a list of appropriate and/or helpful services that may be available to children with disabilities outside of the services provided in the school setting. (A.10549-B/S.7981-A; Chapter 630) Special Education Services for Home Schooled Children Extends the special education services that are available to all children with disabilities who are attending nonpublic schools to also include children who are educated in home schools. (A.11463/S.7490-B; Chapter 217) Public Financing of Campaigns Establishes public campaign financing for statewide and legislative races. Under the bill, funds would be raised for general, primary and special statewide and state legislative elections through an optional $5 check-off on state income tax forms. Participating candidates would have to agree to campaign spending limits and could not accept donations exceeding $2,000 and contributions from state residents of up to $250 would be matched by the state at a rate of $4 for every $1 raised. (A.11507-A; Passed the Assembly) Physically Disabled Voters Requires polling places to be accessible to physically disabled voters. The legislation would ensure that disabled voters are able to exercise their right to vote in a fair and equitable fashion. (A.244-A; Passed Assembly / S.6311; Rules) Absentee Ballot Simplified Streamlines the absentee ballot application by requiring voters to provide only necessary identifying information and eliminating questions that require personal information of no use to the Board of Elections. (A.5453-A; Passed the Assembly / S.5172; Elections) Recapture, Windfall Profit Tax Institutes a recapture and windfall profit tax provision on big oil companies with a prohibition on passing the tax to consumers. The measure would generate revenues to fund energy saving measures for consumers and help pay home heating bills this winter through the Home Energy Assistance Program. (A.11590; Passed Assembly) "Pump Jump" Ensures that gasoline pumps dispense the accurate amount of fuel that a consumer is charged by retailers in order to prevent the phenomenon known as "pump jump." (A.11588; Passed Assembly) Fuel Reduction For Agency Vehicles Requires all light-duty vehicles purchased by the Office of General Services and operated by state agencies, with the exception of police and emergency vehicles, be powered by cost effective alternative fuel vehicles. In addition, it also would require that vehicles purchased for medium-duty have zero or low emissions. (A.11589; Passed Assembly) Net Metering Encourages greater use of clean and renewable energy by expanding the state's net metering law to allow all utility customers, including homeowners, farms, businesses, municipalities, school districts and non-profit organizations to receive credits for energy they produce through solar, wind and farm waste technologies. (A.11146 / S.7171-B; Chapter 452; A.11592 / S.8415; Chapter 480 and A.11582 / S.8481; Chapter 483) Green Residential Building Authorizes the New York State Energy Research Development Authority (NYSERDA) to establish a Green Residential Building Grant Program. The program would provide grants, up to $120,000 within a calendar year, to qualified owners and developers of residential buildings who either build new homes or renovate existing homes that meet the green building standards created by NYSERDA. Under the bill, NYSERDA would develop a Green Building Standard after consulting existing standards, such as Leadership in Energy and Environmental Design (LEED) and the American National Standards Institute. (A.10684-B / S.8134-B; Chapter 631) State Green Building Construction Act Requires any new construction or substantial renovation of state buildings to comply with the United States Green Building Council, Leadership in Energy and Environmental Design (LEED) Silver Rating and Standards. (A.2005-C / S.5442; Chapter 565) Intervenor Funding for Proposed Transmission Facilities Mandates that any entity who has submitted an application to the Public Service Commission (PSC) to build a new major transmission facility to deposit fees in an intervenor account. The intervenor funds would then be available to communities and municipalities that may not have the financial resources to ensure their voices are heard throughout the regulatory process to construct these facilities. The size of the project would determine the amount in the intervenor account, but it would not exceed $450,000. (A.248-A / S.2080; Veto 123) Emergency Response Plans Requires gas and electric corporations to prepare plans that address service interruptions in order to minimize the damages to customers and residents in the affected service area. (A.4600; Passed Assembly) Rural Cooperatives Allows rural electric cooperatives to provide power choices to additional customers by establishing a mutual agreement provision. Under the legislation, the agreement would be worked out either by the cooperative and the utility company, or the PSC in order to create a more equitable playing field for the cooperative with investor-owned and municipal utilities. (A.5058; Passed Assembly / S.2080; Energy Telecommunications) Utility Portfolio Management Ensures that utility customers do not become victims of fluctuating energy prices by requiring utilities to make prudent purchasing decisions. The measure would require utilities to develop a responsible purchasing strategy that ensures the availability of a basic supply of energy while also protecting consumers from price spikes. (A.9461; Passed Assembly) Energy Price Gouging Calls on the United State Congress to protect consumers from skyrocketing energy prices by enacting measures that address energy price fixing and gouging as well as unscrupulous energy speculation and electronic price trading. It also calls on Congress to invest any of the proceeds gained from companies found in violation of the nation's energy laws be invested in tax credits for the purchase of hybrid and fuel efficient vehicles. (K1987; Adopted by Assembly) Bigger, Better Bottle Bill Expands New York's beverage container deposit and recycling program to include a five-cent deposit on non-carbonated beverages such as bottled water, sports drinks, juices and iced tea. It also would turn over unclaimed deposits, which are currently kept by distributors and bottlers, to the state's Environmental Protection Fund. (A.8044-A; Passed Assembly / S.5850-A; Environmental Conservation) Brownfield Reform Reforms the Brownfield Cleanup Program ("BCP") to improve the effectiveness of the program's cleanup operations, limit the amount of the tangible property tax credit available for participation in the BCP, and transfer the Brownfield Opportunity Area (BOA) Program from the Department of Environmental Conservation (DEC) to the Department of State. (A.11768 / S.8717; Chapter 390) State Environmental Quality Review Act (SEQRA) Allows individuals to challenge SEQRA determinations without regard to whether the project affects an individual or the public at large. (A.1435; Passed Assembly / S.5182; Environmental Conservation) Smart Growth Establishes the state Smart Growth Principles program to help ensure that state oversight of projects and the use of state funds is consistent with "smart growth principles." The legislation aims to ensure that the development of land is done in a way that uses existing infrastructure and is compatible with the development plans of local governments and also makes economic and environmental sense. (A.7335-A / S.8612; Veto) Indoor Air Quality Requires the results of tests for indoor air quality be shared with tenants. Under the bill, the results of air quality tests, conducted by individuals, municipalities and the Department of Environmental Conservation, would have to be disclosed to property owners within 15 days and provided to current and prospective tenants. (A.10952-B / S.8634; Chapter 521) Environmental Justice Requires the DEC to consider environmental justice issues when conducting the state environmental quality review process. Under the bill, DEC also would be required to publish a list of those areas in the state that are most adversely affected by existing environmental hazards. (A.2002; Passed Assembly) State Pesticide Phase-Out Phases out the use of pesticides on state property and requires the development of state property pest management procedures. It would require the DEC to develop a pest management plan that identifies methods for monitoring pest populations and compile a list of the least toxic pesticides that may only be used until January 1, 2009. After this date, state agencies would have to comply with a total pesticide phase out and DEC would be mandated to identify non-chemical pest control strategies for use by state agencies. (A.1142-A; Passed Assembly) New York State Lighting Efficiency and Toxics Reduction Act Enacts the "New York State Lighting Efficiency and Toxics Reduction Act," requiring DEC to establish a program to decrease the use of toxic materials in lighting products and promote manufacturer responsibility for the safe disposal and recycling of hazardous lighting products. (A.8641-C; Passed Assembly) Climate Change Solutions Program Act Addresses concerns about global warming and the need for the state to reduce its greenhouse gas emission levels with measures that would:
Wetland Protections Strengthens and enhances the state's wetland protection laws by expanding DEC's regulatory jurisdiction. The current law restricts DEC's oversight of wetlands to areas that exceed 12.4 acres. Under the bill, DEC would be authorized to oversee wetland areas of one acre (or smaller, if adjacent to a body of water or of special significance), in order to ensure the continued protection of wetlands. (A.7133; Passed Assembly / S.3835; Environmental Conservation) Local Recycling Clarifies the obligations of waste haulers regarding the handling of recyclable materials and specifies materials that are to be separated for recycling. It also would specify materials which must be included under local recycling laws. (A.3318; Passed Assembly) Plastic Bag Reuse and Recycling Act Enacts the "Plastic Bag Reuse and Recycling Act." It would require stores with more than 10,000 square feet, or establishments with five or more store locations that exceed 5,000 square feet, to accept plastic bags for recycling. (A.11725/S.8643-A; Passed both houses) Cancer Mapping Requires the DEC, in cooperation with the Health Research Science Board, to collect and develop information on environmental facilities and cancer cases. Under the bill, the data collected would be used to produce a computer generated map that identifies incidences of cancer. (A.1143-B/S.1592-B; Chapter 638) Drug Disposal Mandates the Department of Environmental Conservation (DEC), in consultation with the Department of Health, to develop and implement a public information program on the proper disposal of prescription and non-prescription drugs. In addition, this bill would also authorize the DEC to conduct a drug disposal demonstration program. (A.840-B/S.7560-A; Chapter 625). E-Waste Establishes an electronic equipment recycling and reuse program to allow consumers to return unwanted electronic devices to manufacturers for reuse or recycling. (A.8444-B; Passed Assembly/S.7563; Rules) Reverse Vending Machines Establishes requirements for the number of reverse bottle return vending machines required to be located at large retail stores. (A.10637-C; Passed Assembly/S.8668; Rules) 9/11 Health Benefits Extends health care benefits to cover additional public workers who risked their health and safety in the rescue, recovery and clean-up efforts at the World Trade Center after the attacks of September 11, 2001. (A.11730/S.8676; Chapter 489) Coretta Scott King Day Establishes April 27th of each year as a day of commemoration known as "Coretta Scott King Day." King, known as "the first lady of the civil rights movement," is known for her principles of nonviolent social change to fight poverty, racism and war. (A.2845-B/S.5567A; Chapter 330) Comparable Worth Prohibits public employers from compensating employees of opposite sexes differently for work that is of comparable worth. Under the bill, wage inequity would be prevented by compensating employees in state service equally for work of comparable value. The bill aims to eliminate wage inequity based on sex, race, or national origin. (A.7407; Passed Assembly) State Pension Abuse Cracks down on abuse of the state pension systems with a series of measures that would create new pension fraud offenses of the felony level, impose treble damages against lawyers who cheat the system by posing as employees, tighten up restrictions on public employees who receive waivers to return to public employment after retiring; and increase public disclosure requirements for the expenditures of school districts and BOCES institutions. (A.11743/S.8699; Delivered to Governor) Procurement Stewardship Provides for major improvements and strategic changes to the 1995 Procurement Stewardship Act. These improvements will modernize the Act's requirements for the benefit of state agencies, local governments and the business community. (A.11738/S.8684; Chapter 137) Freedom of Information Laws The Assembly approved legislation to increase government transparency and ensure compliance with the state Freedom of Information Laws, including measures that would:
Increase Access To Public Records Requires the public records to be discussed at an open meeting be available prior to the meeting. (A.5943; Passed Assembly / S.7042; Veto 89) Disaster Preparedness Mandates cities that have a population of 500,000 or more residents to use the best technology available to establish evacuation time estimates for disaster preparedness plans. (A.1375 / S.3640; Veto) Nursing Home Emergency Plans Establishes standards for nursing homes and assisted living facilities to follow in the event of a disaster to prevent the hardships experienced by the disabled and elderly during the Hurricane Katrina catastrophe from happening in New York State. (A.10680 / S.3643; Chapter 539) Reasonable Attorney's Fees, Costs, and Exemplary Damages Permits the awarding of reasonable attorney's fees in court actions that involve discriminatory practices that violate the state's human rights law. (A.609; Passed Assembly/S.3662; Government Operations) Class Actions Directs the Division of Human Rights to establish rules for complaints that would allow unlawful discriminatory practices to be filed as class action lawsuits. (A.716; Passed Assembly/S.2160; Government Operations) Genetics Advisory Council Establishes a Genetics Advisory Council to advise the governor and Legislature regarding a range of services concerning genetic tests, information access, privacy and counseling. Under the measure, the council would address the many medical advancements that have occurred through the study of genetics as well as concerns about how genetic information is used. (A.3284; Passed Assembly/S.1633; Health) Fire Prevention and Control Authorizes the Office of Fire Prevention and Control to set standards to enhance the safety of live fire training for firefighters. The measure would ensure that minimum safety and training standards are met by the participants being trained and the live burn training facilities where these exercises are conducted. (A.7954; Passed Assembly/S.4839; Finance) Discriminatory Practice Establishes that it is a discriminatory practice to compensate employees of different sexes differently for work that is of comparable worth. (A.6959-A; Passed Assembly / S.2665-A; Government Operations) Emergency Contraception Permits women in need of emergency contraception (EC) to receive it through a pharmacy or registered nurse without a physician's prescription. The bill would make changes to the current law by allowing physicians to prescribe a non-patient quantity of this class of drugs to registered nurses and licensed pharmacists, who could then provide the drugs to women who need them. Currently, the law allows only for licensed physicians to prescribe the drugs. (A.5569-A; Passed Assembly / S.3579; Higher Education) Canine Waste Removal Increases the maximum fine for failure to clean up canine waste in certain cities from $100 to $250. (A.373/S.3437; Chapter 153) Eating Disorders Authorizes the Department of Health to issue interim identification for Comprehensive Care Centers for Eating Disorders (CCCEDs). It also would authorize the Office of Mental Health to develop regulations for residential providers of care for individuals with eating disorders. (A.9357-A/S.6418-B; Chapter 24) Impaired Physician Program Ensures that physicians, who have substance abuse or mental health problems and have not harmed patients, receive appropriate treatment and referrals. (A.10052/S.6999; Chapter 36) Emergency Medical Service Providers Extends certain EMS restrictions in Suffolk County through January 1, 2011. (A.10062/S.7015 Chapter 99) Patients' Bill of Rights Requires the Commissioner of Health to add protections against age discrimination to the state's Patients Bill of Rights notice. (A.10622/S.3680; Chapter 515) Medical Use of Marijuana Permits patients who suffer from serious illnesses to use marijuana while under the care of a physician. (A.4867-A; Passed Assembly) Health Research Science Board Restructures the Health Research Science Board's membership to include individuals who have or have had breast and other cancer related treatments as voting members. It also clarifies the manner in which such members are appointed. (A.9464/S.6552; Chapter 32) Cancer Treatment and Prevention Authorizes the use of funds from the Breast Cancer Research and Education Fund to be used by the Department of Health to pay for the mapping of incidences of breast cancer. (A.850; Passed Assembly/S.5569; Health) Lead Poisoning Protections The Assembly approved legislation aimed at protecting the public from the harmful effects of lead, including measures that would:
Smoking Prevention/Cessation The Assembly passed several bills related to efforts to reduce the use of tobacco and tobacco products. The legislation would:
Safe Patient Care Requires that a registered nurse, qualified by training and experience in operating room nursing, be present as a circulating nurse in any and each separate operating room where surgery is being performed for the duration of the operative procedure. (A.1206-A/S.1608; Chapter 158) Research and Treatment Efforts Provides a program to promote leukemia, lymphoma and myeloma research, education and treatment and establishes the leukemia, lymphoma and myeloma research, education and treatment fund. (A.1558-C, Passed Assembly/S.3097-B, Health) Environmental Health Establishes guidelines for the creation of a new environmental health tracking system within the Department of Health to monitor environmental exposure and chronic diseases affecting New Yorkers. (A.1958, Passed Assembly/S.3935, Health) Adolescent Pregnancy Prevention Establishes an age-appropriate sex education grant program within the Department of Health for school districts, boards of cooperative educational services, school-based health centers, and community-based organizations. (A.2856; Passed Assembly/S.1342, Finance) Health Care Fees Repeals the $50 fee allowed by law to be charged to patients for an external appeal application. The measure also would require a patient's health-care provider be notified of the external appeal's determination. (A.3789; Passed Assembly) Immigrant Health Information Requires the Department of Health to contract with community based organizations and not-for-profit organizations to provide outreach, information and educational services to naturalized citizens and aliens regarding the health-care services and benefits that may be available to them through such health-coverage programs as Medicaid, Family Health Plus and Child Health Plus. (A.5932; Passed Assembly / S.8413; Rules) Prescription Drug Prices Establishes a Prescription Drug Assistance Program to manage consumer purchasing power by negotiating rebates with suppliers, which are then applied toward reduced prescription drug costs for participants. (A.3848-B; Passed Assembly/ S.8393; Rules) Child Health Plus Requires the commissioner of the Department of Health to contract with school based health centers to promote the benefits and availability of Child Health Plus or Medicaid in order to encourage the participation of more children in these health-care programs. (A.3597; Passed Assembly) Incident Reporting Extends the state's hospital incident reporting system to include nursing homes, clinics, and home care service agencies. (A.3792-A; Passed Assembly) Nursing Care Quality Protection Act Requires the public disclosure of nurse staffing levels at health care facilities. It also would prohibit individuals who are not registered nurses (RNs) or licensed practical nurses (LPNs) from portraying themselves to the public as "nurses." (A.5196; Passed Assembly) Defibrillator Mandates all surf or bathing beaches and swimming facilities in the state to maintain on-site automated external defibrillator equipment and to provide at least one lifeguard trained in its operation. (A.2988-A/S.1344-A; Chapter 500) Higher Education Funding The SFY 2008-09 State Budget contains $15.5 billion in operating assistance and capital to public universities across the state. This legislation will bring $38.4 million in operating assistance to SUNY and provides $19.6 million in aid to CUNY. The budget also included $15.4 million in restoration to the TAP program; no tuition increase for SUNY and CUNY in 2008-09; and funding for a five year capital plan, that provides $4.1 billion to SUNY and $1.8 billion to CUNY. (A.9803-D/S.6803-D; Chapter 53) Veteran Tuition Awards The SFY 2008-09 State Budget provides awards for full-time study and part-time study for eligible veterans matriculated at an undergraduate or graduate degree-granting institution or in an approved vocational training program in New York State. (A.9803-D/S.6803-D; Chapter 53) TAP Change in Circumstances Allows the state's Higher Education Services Corporation to make an adjustment to a student's TAP award after the beginning of any semester if the student, or their spouse, parent or legal guardian: suffers a catastrophic illness or a permanent or total physical or mental disability; is called into active military duty; experiences an involuntary change in their employment status; or has experienced a recent divorce or separation. (A.1929-A/S.1574-A; Veto 107) Clinical Laboratory Technologists Provides necessary corrections to the Clinical Laboratory Technology Practice Act (CLTPA), created by Chapter 755 of the Laws of 2004. (A.10945-A/S.8117-B; Chapter 204) Pharmacists as Immunizers Authorizes pharmacists to administer immunizing agents that prevent the flu and pneumonia to adults. (A.2140-A/S. 8673; Chapter 563) TAP for Independent Students Increases TAP awards for students who are considered independent due to unusual and exceptional family circumstances. (A.9692; Passed Assembly) Public Accountancy Clarifies and expands the scope of practice of public accountancy in New York State. (A.11696-A; Passed Assembly /S.7497-B; Rules) SUNY Purchase Land Lease Authorizes SUNY Purchase to enter into a lease agreement with the Purchase College Advancement Corporation to develop a senior housing community on the grounds of SUNY Purchase. (A.8535-A/S.5987-A; Veto 30) SUNY Stony Brook Land Lease Authorizes SUNY Stony Brook, after receiving a $60 million gift, to enter into a three-year lease agreement with the Stony Brook Foundation to design and construct a Center for Geometry and Physics. Under the bill, upon expiration of the lease, the land would revert back to SUNY Stony Brook. (A.11099-A/S.7952-A; Chapter 629) One Year Loft Law Extension Extends the New York City Loft Law for one year. (A.9807A / S.6807; Chapter 57) Loft Law, Three Year Extender Extends New York City's Loft Law until 2011, while prohibiting loft owners from recovering units occupied by long-term tenants. The legislation also would allow individual tenants to more easily seek redress against building owners who fail to comply in bringing their buildings up to fire and safety codes. (A.2816-A; Passed Assembly/S.6046-A; Rules) Would-be Interim Multiple Dwellings Prohibits commercial property owners who rent out space for residential purposes from discontinuing services such as electricity and water to tenants as a means of retaliation. (A.2875; Passed Assembly) Urban Initiative Allows eligible applicants of the Urban Initiative program to receive funding and use up to 10 percent of the project cost for operating expenses, including expenses related to an organization's operating support and the administration of the contract. (A.7001/ S.7053; Chapter 168) Manufactured Homeowner Protections Provide owners of manufactured homes the opportunity to purchase the property their home is built on when they are faced with the impending sale of such land and the uncertain consequences that might follow. The bill would provide owners of manufactured homes with the right of first refusal and provides a procedure for the removal of abandoned homes. (A.11559-B / S.8630; Veto 134) Mitchell-Lama Tenant Protections Provides protections for tenants living in Mitchell-Lama housing developments by prohibiting owners from seeking a rent increase, based on unique and peculiar circumstances, when a project withdraws from the program. (A.352; Passed Assembly/S.5245; Housing) Extending Buy Out Period Extends from 20 to 50 years the time when certain limited-profit housing companies may buy out of the Mitchell-Lama Program. The bill aims to ensure that building owners do not set rental rates that would make the units unaffordable. (A.793; Passed Assembly) Rent Stabilization Ensures that when a Mitchell-Lama project leaves the program, its units become rent-stabilized. (A.795; Passed Assembly/S.4250; Housing) Rental Status Requires companies that have participated in the Mitchell-Lama loan program to notify tenants at least six months in advance of a building's departure from the program so tenants will be aware of the change in their rental status. (A.797; Passed Assembly) Rent Stabilization and Tenant Protection Tenant Harassment Increases the amount of civil penalties the Division of Housing and Community Renewal (DHCR) could impose on landlords who harass tenants or who violate orders of DHCR related to rent-regulated housing. (A.10823; Passed Assembly/S.7362; Housing) Affordable Housing Keeps apartments protected under rent stabilization or rent control when vacated, even when the rent reaches $2000, so that there isn't a steady erosion of units that are affordable to middle income people. (A.7416-A; Passed Assembly/S.5149-B; Housing) Owner Limitations Limits a building owner's ability to recover a rent-regulated apartment for personal use. (A.799/Passes Assembly) Inflation Adjustment Applies an adjustment for inflation to the rent and income deregulation thresholds for luxury accommodations, and provides for similar periodic annual adjustments in the future. (A.10647; Passed Assembly) Preferential Increase Prohibits the practice of increasing preferential rents upon lease renewal. (A.10055-A; Passed Assembly). Local Emergency Housing Rent Control Act Amends the Local Emergency Housing Rent Control Act by removing the provision that prohibits New York City from strengthening rent regulation laws to provide more comprehensive coverage than provided by state laws. (A.4069; Passed Assembly/S.1673; Housing) Emergency Tenant Protection Act Permits the declaration of an emergency pursuant to the Emergency Tenant Protection Act (ETPA) for rental housing accommodations located in buildings covered by a project based assistance contract. (A.5677: Passed Assembly) Major Capital Improvement Establishes the length of time over which major capital improvement (MCI) expenses may be recovered and requires that rent surcharges authorized for MCIs shall cease when the cost of the improvement has been recovered (A.6510; Passed Assembly) Rent Guidelines Board Provides for the appointment of three alternates on rent guideline boards; one alternate shall represent tenants, one shall represent owners of property and one shall be a public representative. (A.4501; Passed Assembly) Standardized Health Insurance Amends the Health Care Reform Act (HCRA) 2000 to include more small businesses within the definition of a qualifying small employer. This bill aims to expand and enhance the availability of health care coverage for small businesses in New York State. (A.395A/S.6385-A; Veto) Flood Insurance Requires insurance companies to provide policy holders documentation clearly explaining when policies do not provide coverage for losses caused by mudslide or flood and that insurance is available under separate policies that comply with the National Flood Insurance Program. (A.6344-B/S.4097-A; Chapter 21) Volunteer Firefighter Health Program Creates the Volunteer Firefighter and Volunteer Ambulance Worker Health Program to assist volunteer emergency service providers in their efforts to recruit and retain personnel. (A.7699-A/ S.4617-A; Chapter 331) Health Insurance Wellness Plans Authorizes certain health insurers to establish wellness programs that could include programs such as a smoking cessation or weight management program. The measure also would allow such programs to offer health-oriented incentives for participating in various activities and programs that promote good health. (A.10884-A, S.4675; Chapter 592) NYPIUA Permanency Permanently extends the New York Property Insurance Underwriting Association (NYPIUA) and enhance the coverage options available to all New Yorkers. The measure also would reinstate the five-percent flex rating for auto insurers. (A.11693 / S.8624; Chapter 136) Expanding Family Court Orders of Protection Allows all victims of domestic violence the right to seek a civil order of protection through the state Family Court System. (A.11707/S.8665; Chapter 326) Slavery in State's History Requires the state to acknowledge that slavery in New York's history was an appalling tragedy. (A.273-B; Passed Assembly /S.3336A; Investigations and Government Operations) Fair Debt Collection Protects debtors from illegal debt collection methods by establishing a private right of action. The measure would prohibit incidents of improper debt collection practices, such as intimidation of family members and harassing phone calls in the workplace. (A.1865; Passed Assembly). Strengthening Jury Duty Expands the current law, which prohibits the termination of an employee who is absent for work because of jury duty. The legislation allows employees to seek civil action against employers for any loss of employment, damages and attorney fees. (A.408; Passed Assembly). Improving Adoption Process Permits the name of a deceased adoption petitioner who died before the completion of the adoption process, to be added on a new birth certificate as a parent. The measure prevents the remaining adoptive parent from having to reapply for an adoption license and complete new adoption applications. (A.1942/S.3158; Chapter 160) Giving Family Court Judges Necessary Information Ensures that judges who are making custody or visitation decisions have before them as much relevant information as possible about the individual seeking custody or visitation before the court issues any order. (A.11657-A/S.8569-A; Chapter 595) Protecting the Rights of Parents in Military Service Protects the rights of parents against permanent determinations related to the custody of their children while they are activated for military service. (A.8722-A/S.5860; Chapter 576) Protecting Freedom of Speech Prohibits the enforcement of certain foreign judgments against media outlets based in New York State. (A.9652-B/S.06687-C; Chapter 66) Exempt Income Protection Act Creates a legal procedure to permit judgment debtors to claim certain income (i.e., Social Security and veterans' benefits) as being exempt under either New York or federal Law before a creditor can completely freeze a person's bank account without interfering with a creditors ability to restrain funds below a certain level and access any non-exempt funds after the procedure has run its course. (A.8781 / S. 5938; Chapter 290) Worker's Compensation Rates Establishes a new method for setting workers' compensation rates in New York State. The bill would authorize a rate service organization (RSO) to file "loss costs" and set forth certain governance structure requirements for an RSO licensed to operate in New York.(A.9817/S.6798; Chapter 11) Prevailing Wage Penalty Enhances the enforcement of prevailing wage laws with additional penalties. (A.8582/ S.5506; Chapter 7) WICKS Law Reforms the Wicks Law for certain public works projects to help local governments be more efficient in the completion of construction and renovation projects. (A.9204; Passed Assembly / S. 6146; Rules) Broadcast Employees Prohibits the broadcast industry from preventing employees whose employment contracts have expired with a broadcast station from being employed by another station within the same geographic area. (A.2124-A/S. 2393; Chapter 398) Forced Labor Protections Requires that every procurement contract entered into by a state agency contain a statement from the contractor that no forced labor was used. (A.2718; Passed Assembly/ S. 6927; Finance) Written Sub-Contractor Agreement Requires that there be a written agreement for any work sub-contracted out on a public works project. (A.2723; Passed Assembly / S.6078; Rules) Employer Written Notice Requires employers to disclose, in writing, an employee's rate of pay per hour, overtime rates and overtime eligibility requirements. (A.10851; Passed Assembly / S.8211; Labor) Catskill Racino Supports the efforts of $1 billion in private investments and capital improvements to the Monticello Race Track and the adjacent area, which includes the development of a hotel, convention center and golf course at the former site of the Concord Hotel, as well as the movement of Monticello Race Track from its current location to the development site. This bill also would help to revitalize the Catskill region by providing 2,000 full-time permanent jobs while also doubling the current VLT revenue at the Monticello Race Track, thereby providing a funding stream for education. (A.11744 / S.8700; Chapter 286) Agency Shop This bill would make the agency shop fee permanent for public employee unions under the Taylor Law. (A.10030 / S.7272; Chapter 338) Self Insured Trust Addresses the problems that resulted from recent group self-insurer defaults with corrective measures that would:
Fire Fighter System Components Requires fire companies to purchase safety ropes and system components. This bill also makes safety ropes and system components eligible for purchase under the New York State Municipal Revolving Loan Fund. (A.9473 / S.6500; Chapter 47) Certified Payroll Records Mandates utility companies and their contractors and subcontractors to comply with the state Labor Law's reporting requirements as they apply to prevailing wage projects. (A.10774/S.7916-A; Chapter 591) Livery Driver Compensation Establishes clear rules for determining when livery drivers in New York City, Westchester and Nassau County are employees or independent contractors of livery bases, and creates a fund to give independent contractor livery drivers workers' compensation benefits in certain circumstances where no-fault automobile insurance does not provide any. (A.11759/S.8517; Chapter 392) Professional Employer Organizations Defines violations and establishes penalties for Professional Employer Organizations (PEOs) that fail to comply with the registration requirements of the New York Professional Employer Act, and for employers who do business with PEOs they know or should know are unregistered. (A.10850/S.8209; Chapter 201) Fair Pay Act Establishes the New York State Fair Pay Act in order to ensure pay differentiation is not based on a person's sex or national origin. The measure also would require that private and public employees are compensated for the work they perform based on the job titles. (A.2712; Passed Assembly/S.3936; Labor) Mandatory Overtime for Nurses Restricts consecutive hours of required work by nurses and would not prohibit a nurse from voluntarily working overtime. (A.11711-B /S.8637; Chapter 493) Library Management Requires public libraries with collections greater than 100,000 items to develop and publish a collection management policy. (A.4082-A; Passed Assembly) Library Funding The SFY Budget 2008-09 contains $99.4 million in library systems aid funding and continues $14 million for statewide public library construction aid. Under the bill, library operating aid is continued to be calculated by using the most current federal census data. (A.9807-C/ S.6807-C; Chapter 57) Special Improvement Districts Provides increased accountability for special improvement districts governed by separate boards of commissioners. To make information concerning such districts more accessible, the measure would require budget estimates, annual financial reports, public notices and audit reports to be posted on the websites of both the district and town in which the district is located, if such websites are maintained. (A.11156/ S.8188; Chapter 421) Jonathan's Law The measures approved by the Assembly to enhance the effectiveness of Jonathan's Law would:
Mental Health Related Training Provides a grant, through the Division of Veterans Affairs, for the purpose of training social workers in a course of study related to the diagnosis and treatment of PTSD, TBI and combat related mental health issues to include substance abuse. (A.10069-C/ S.6799-C; Veto 75) Child Psychiatry Access Establishes the child psychiatry access project to address the critical shortage of child psychiatrists in New York. This legislation would enhance access to mental health services for children and adolescents by creating regional teams specializing in behavioral health to consult with and provide support to primary care providers caring for children and families dealing with mental health issues. (A.10297-A/S.7033-A; Veto 122) Grave Markers Authorizes the release of names and dates of birth and death to cemeteries and funeral organizations for the purpose of preparing grave markers for persons who died in the old "state hospital" system. (A.10933/S.8057; Chapter 520) Autism Services Requires the Commissioner of Mental Retardation and Developmental Disabilities to study and report to the legislature on its current capabilities and future service delivery needs for persons with autism. (A.11275/S.5760; Veto 42) Minority Mental Health Act Evaluates and improves the current mental health service delivery model for ethnic and minority populations in New York State. (A.3732; Passed Assembly/S.5575; Finance). Simplified Advanced Health Care Provides a simplified advance health care directive form for persons receiving mental retardation and developmental disabilities services. (A.11054-A / S.7751-A; Chapter 210) Horseracing Franchise Authorizes the New York Racing Association (NYRA) to operate the state's thoroughbred horseracing franchise for 25 years. Under the bill, NYRA would operate the tracks at Aqueduct, Belmont and Saratoga, and in exchange, it surrenders any claim of ownership to property at the three racing facilities. It also includes the establishment of a Franchise Oversight Board to ensure greater accountability and transparency in NYRA's racing operations; and approves the VLT operator at Aqueduct racetrack and provides assurance that the operator maintains a relationship with NYRA the community and employees. The bill also would enable video lottery terminal (VLT) facilities located at racetracks across the state to spend more of their revenue on capital improvements and marketing. The measure aims to attract more patrons to the state's racing facilities and increase education revenue to the state. (A.9998/ S.6950; Chapter 18) New York City OTB Provides for a state take-over of the Board of Directors and wagering operations of the struggling NYC OTB corporation and establishes a task force to study ways in which efficiencies could be made across the racing industry to ensure its profitability and contributions to the state and localities. This measure, which received the support of the state and City of New York, will prevent NYC OTB from closing and eliminating approximately 1,500 jobs. (A.11635 /S.8549; Chapter 115) Exemption Reports Requires the preparation of exemption impact reports in conjunction with the adoption of annual municipal budgets. (A.9841A.9841/S.7538; Chapter 258) Public Assistance Recipient Work Requirements Extends for two years, until June 30, 2010, provisions that count work study and internship positions towards a public assistance recipient's work requirements. (A.9841/S.6886; chapter 121) Relief Services For Informal Caregivers Continues for another three years, from July 1, 2008 to July 1, 2011, the Enriched Housing Program that serves New Yorkers who are non-residents of adult homes. The program provides community based services to informal caregivers, providing temporary relief from the stress associated with caring for the elderly or impaired relatives. (A.10183 / S.7064; Chapter 83) Revolving Loan Fund Establishes a regional revolving loan fund program in which regional not-for-profit corporations would administer the funds to meet the working capital needs of small businesses within the region. (A.9129; Passed Assembly) Specialty Product Marketing Creates a competitive grant program for small businesses to seek new markets and niche products and work with small manufacturers to identify and develop these markets and products. (A.2877; Passed Assembly/S.5349; Corporations) Energy Savings Loans Establishes zero- or low-interest loans of up to $100,000 available for energy efficiency projects that not only allow small businesses to grow and create new jobs, but also increase energy conservation and reduce costs. (A.5494; Passed Assembly) Food Product Development Provides start-up and expansion funding for not-for-profit sponsors of small-scale food-processing facilities to foster entrepreneurship, job development and community revitalization. It also would improve local farm sustainability by providing an outlet for farmers. (A.3680-A; Passed Assembly / S.7570; Corporations) Excelsior Linked Program Authorizes credit unions to participate in the Excelsior Linked Deposit Program to help businesses gain greater access to capital. The program allows the state comptroller to make state deposits in banks where the state receives a low-rate of interest in return for providing low-interest loans to small businesses. (A.3205; Passed Assembly / S.4629; Finance) Telephone Costs Requires that a deferred installment payment plan be offered to small businesses for telephone service installation, initiation and nonrecurring maintenance charges. (A.4678; Passed Assembly) Small-business legislation to aid minority- and women-owned businesses:
Abandoned Land Notifications Provides for a public hearing and publication in the local newspaper of property that the Canal Corporation would like to abandon. (A.963; Passed Assembly) Women's Rights History Trail Creates a Women's Rights History Trail to showcase the contributions of New York State and its residents in the fight for both women's suffrage and women's rights. (A.9952-A/S.7034-A; Veto 47) Niagara Falls Underground Railroad Heritage Commission Establishes the Niagara Falls Underground Railroad Heritage Commission to help tell the important story that Niagara Falls played in a slave's flight to freedom. (A.10208-D/ S.8101-B; Chapter 372) Local Trail Web Listing Creates a website listing all state and local trails in the state. (A.10562-A/S.7558-A; Veto 124) Historic Marker Index Establishes an index, available on the Internet, of all state historic markers. (A.10753/S.7223; Veto 79) Empire State Baseball Trails Creates an Empire State Baseball Trails Program to showcase the history and love of baseball in New York State, featuring the amateur teams that play throughout New York. (A.11288/ S.8560; Veto 101) Driver and Occupant Safety Strengthens passenger restrictions and hours of supervised practice for drivers less than 18 years of age, raises the age of occupants required to use booster seats to include seven year olds, and requires rear-seat occupants aged 16 years and older to wear seat safety belts. (A.11083-A; Passed Assembly/S.8572-A; Rules) Young Occupant Safety Bans the operation of a motor vehicle with a passenger under the age of seven seated in the front seat, with limited exceptions. (A.7470-A; Passed Assembly /S.281-A; Transportation) Truck Cargo Area Prohibits a person from operating a truck while anyone under the age of 18 is in the truck's cargo area, with limited exceptions. (A.227; Passed Assembly) Blocking the Box Expands parking violations in New York City to include violations for obstructing traffic at intersections (known as "blocking the box") in New York City. (A.10071/S.6811; Chapter 241) Accident Report Processing Requires the Department of Motor Vehicles to give priority to the processing of reports of accidents that involve serious physical injury or death. (A.8008; Passed Assembly) Vehicular Homicide Creates the new crime of "vehicular homicide," a class E felony, for causing the death of another person by the operation of a motor vehicle through the commission of a major traffic violation, when the driver either had two or more previous convictions of major traffic violations, or was driving while his/her license was revoked for certain convictions. (A.2115; Passed Assembly) Driving / Boating While Intoxicated Requires courts to suspend a person's privilege to operate a boat upon a conviction for driving while intoxicated (DWI) or while ability impaired (DWAI), and would authorize courts to suspend a person's driver's license and registration upon a conviction for boating while intoxicated (BWI) or while ability impaired (BWAI). (A.2254; Passed Assembly/S.108; Transportation) Reckless Boating, BWI, BWAI Authorizes the courts to suspend a person's boating privileges for a longer period of time upon being convicted of certain boating violations, including reckless boating, speeding, any misdemeanor violation, BWAI, and BWI. (A.3143 / S.1823; Chapter 599) Leaving the Scene of a Boating Accident Increases the penalties for leaving the scene of a personal injury boating accident, including raising the felony level for leaving the scene of a fatal boating accident to a class D felony. (A.9812-A; Passed Assembly) Driver Re-examination Authorizes the courts to order drivers to submit to a re-examination by the Department of Motor Vehicles if they have been convicted of leaving the scene of an accident or a moving violation twice within 18 months or if the courts have reasonable grounds to believe they are not qualified to operate a vehicle. (A.196; Passed Assembly / S.2330; Transportation) Highway Safety Strengthens requirements relating to the use of "slow-moving vehicle" emblems, and for lighting requirements applicable to self-propelled agricultural equipment operating on public highways. (A.5023-C/S.2180-D; Chapter 350) School Bus Safety Program Enhances school bus safety by establishing a comprehensive training program to educate motorists about the dangers of passing a stopped school bus and to promote school bus safety. (A.200-A; Passed Assembly/ S.8095; Transportation) School Buses for Children Less Than School Age Requires school bus drivers to meet statutory requirements in order to transport children less than the school age, teachers and other persons acting in a supervisory capacity to or from a pre-school, nursery school, or school activities. (A.229; Passed Assembly) Access Aisles Requires access aisles of parking spaces reserved for the disabled to be marked with "No Parking Anytime" signs and diagonal stripes. (A.7110; Passed Assembly/S.3955; Transportation) Disabled Parking Mandates access aisles of parking spaces reserved for the disabled to be at least eight feet wide. (A.7111; Passed Assembly/S.3954; Transportation) Bicycle and Pedestrian Paths Clarifies that local governments are authorized to use Marchiselli funding for bicycle and pedestrian paths. (A.2343-B/S.3216-B; Chapter 161) Veterans' Seminars Directs the Division of Veterans' Affairs to host a series of four or more seminars annually across New York State. These seminars would provide information and training focused on helping veteran-owned businesses successfully obtain procurement contracts from New York State agencies, municipalities, and authorities. (A.11648/ S.8596; Chapter 387) Veteran Consolidation Council Establishes a veteran program consolidation council to promote efficiency, cost effectiveness, oversight and outreach for veterans residing in New York. (A.11650/S.8605; Veto 103) Reunification Study Authorizes the division of veterans' affairs to study and evaluate the number of military personnel expected to return to New York and report its findings. (A.11651/S.8595; Veto 104) Mentor Program Establishes mentoring programs for veteran-owned businesses that contract with state agencies. These mentor programs will focus on providing training and other assistance to qualified veterans. (A.11652/8606; Delivered to the governor) Cold War Medal Authorizes the issuance of a Cold War service medal to New Yorkers who served in the armed forces from September 2, 1945, to December 26, 1991, and were honorably discharged. (A.5156-A/S.5650; Veto 20) Agent Orange Extender Extends the statute of limitations for phenoxy herbicide actions for armed forces personnel who served in Indo-China for two additional years, from June 16, 2008 to June 16, 2010. (A.9865/S.7832; Chapter 143) Transfer Veterans Exemption Authorizes the spouse and un-remarried surviving spouse of a veteran to transfer the exemption, if they sell the property currently receiving the tax exemption, to another property in the same municipality. Under the bill, the local assessor would then transfer and prorate the current exemption based on the date of transfer. (A.4262-A/S8566; Chapter 503) Vietnam Veterans' Day Designates, as a day of commemoration, March 29th, Vietnam Veterans Day. (A.9731/S.6472; Chapter 90) Loan Repayment Extension Extends from July 1, 2008, to July 1, 2010, the ability of members of the military services to suspend their repayment of a loan to a public retirement system while engaged in active service to the military. (A.11201-A/S.473; Chapter 133) Definition of Veteran to Include Reserve Components Clarifies that members of the reserve components of the armed forces, who have served on federal active duty during a period of war and who remain affiliated with their reserve component unit, are eligible to receive the veterans' alternative tax exemption. (A.11493/S.8455; Chapter 384) |
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