2009 NYS Assembly Significant Legislation
Updated December 14, 2009

AGING AGRICULTURE BANKS
CHILDREN AND FAMILIES CITIES CODES
CONSUMER AFFAIRS AND PROTECTION CORPORATIONS, AUTHORITIES AND COMMISSIONS CORRECTIONS
ECONOMIC DEVELOPMENT EDUCATION ELECTION LAW
ENERGY ENVIRONMENTAL CONSERVATION GOVERNMENTAL EMPLOYEES
GOVERNMENTAL OPERATIONS HEALTH HIGHER EDUCATION
HOUSING INSURANCE JUDICIARY
LABOR LOCAL GOVERNMENTS MENTAL HEALTH
SMALL BUSINESS SOCIAL SERVICES TOURISM
TRANSPORTATION VETERANS  


AGING

Missing Vulnerable Adult Alert System Creates an alert system so that law enforcement may quickly disseminate information to the public concerning missing vulnerable adults. (A.5220-A; Passed Assembly / S.2056-A; Finance)

Senior Drug Guide Directs the Office for the Aging to create a prescription drug guide that explains the purpose, function, and common interactions of drugs commonly used by persons over the age of 62. (A.1962; Passed Assembly / S.2031; Finance)

EPIC Income Eligibility Provides that an individual participating in the Elderly Pharmaceutical Insurance Coverage program would not become ineligible if their pension or Social Security benefits increase to keep pace with inflation. (A.6646; Passed Assembly / S.1454; Aging)

Long-Term Care Workers Authorizes the Office for the Aging to create a Long-Term Care Worker Training Pilot Program. The bill would expand access to enhanced education and training for health care and social service practitioners who provide services to the elderly. (A.5864; Passed Assembly / S.5455; Finance)


AGRICULTURE

Animal Abuse Authorizes the district attorney, when bringing animal abuse charges, to petition the court for the posting of security to care for the abused animal. (A.3765; Passed Assembly / S.5479; Rules)

Farmland Protection Permits certain not-for-profit conservation organizations to work more directly with towns and counties in applying for agricultural protection state assistance payments, a program that aims to preserve the state's farmland. (A.6687; Passed Assembly / S.4476; Agriculture)

Land Use Consultation Requires the Commissioner of Agriculture and Markets to consult with local government officials concerning local land use regulations, ordinances or laws. (A.601; Passed Assembly)

Labeling Olive Oil Requires that the state develop standards for the labeling of olive-based cooking oils produced in New York. The bill would prevent the sale of mislabeled olive oil products that contain particular substances that are intentionally marketed as genuine olive oil but may instead pose a health risk and trigger allergic reactions to unknowing consumers. (A.6604-A / S.2962-A; Chapter 315)

Animal Adoption Allows animal shelters to transport dogs and cats to other shelters in parts of the state where the demand for such pets is greater and the chances of animal adoption are much higher. (A.600-A; Passed Assembly / S.5794; Rules)

Farmers' Markets Planning Establishes the Urban and Regional Farmers' Markets Facilities Construction program. Under the bill, the Department of Economic Development and the Department of Agriculture would work with host cities and agriculture communities to develop urban and regional farmers' markets. The measure also would establish a revolving loan fund to provide funding for the creation, expansion and development of farmers' markets. (A.2301-A / S.1676; Veto#6)

Regulating Agricultural Dams Transfers the responsibility of monitoring farm pond dams from the Department of Environmental Conservation to the State Soil and Water Conservation Committee. (A.976; Passed Assembly / S.2429; Agriculture)

Rehabilitating Mistreated Animals Funds rehabilitation programs for abused domesticated animals by mandating that individuals convicted of certain animal cruelty and animal fighting offenses reimburse the organizations caring for the animals. (A.3168; Passed Assembly / S.3155; Agriculture)

Animal Population Control Establishes the Animal Population Control Program Fund to decrease the unwanted dog and cat population, which would help to increase the public's health and safety. The program encourages residents to have their pets spayed or neutered by providing such procedures at no charge or at low cost. (A.6158-A; Passed Assembly / S.4278; Finance)

Preserving Open Space for Agriculture Provides financial assistance payments to help fund up to 75 percent of the cost of conservation easements purchased by counties and municipalities that are subjected to a county or municipal farmland protection plan. (A.6686; Passed Assembly / S.5414; Finance)

Reforming the State Fairground Operations Improves operation of the Fairgrounds by eliminating the Industrial Exhibit Authority (IEA) and reconstituting the State Fair Advisory Board. The consolidation would remove duplication, saving time and money. (A.7263; / S.3574; Chapter 87)

Promoting Forestry-Related Business Enacts the Wood Products Development Council to encourage and support the practice of forestry and the manufacture of wood products. (A.7742-A / S.4430-A; Chapter 325)

Certifying Dog Control Officers Provides for the training, examination and certification of dog control officers. The legislation would correct the lack of training among many animal control officers throughout the state. (A.7978-B; Passed Assembly / S.5675-A; Agriculture)

Farm Product Dealers Raises, from $50,000 to $100,000, the maximum value of farm products that an applicant for a farm products dealer license may purchase from producers without, at the discretion of the Commissioner of Agriculture and Markets, from filing a bond or letter of credit. (A.7264 / S.3575; Chapter 42)

Milk Producers Security Fund Increases protections for New York's dairy farmers from payment default. The legislation would enhance provisions relating to the Milk Producers Security Fund (MPS), such as increasing the fund's cap from $7 million to $12 million, increasing the value of milk purchases covered from 7 percent to 15 percent and increasing the payment threshold relating to the fund's balance. (A.7266 / S.4404; Chapter 85)


BANKS

Protection from Unscrupulous Contractors Prohibits home improvement contractors from representing mortgage brokers in any form. The legislation seeks to prevent consumers from paying very excessive interest rates on loans arranged with the contractors who perform the work.

The measure aims to protect homeowners from high pressure sales tactics used by contractors selling second mortgages. (A.170; Passed Assembly / S.5102, Banks)

Bank Branch Expansion Authorizes multiple branches in existing banking development districts that have been established by banks, trust companies or national banks. This measure would ensure the availability of banking services to consumers living in underserved urban and rural communities. (A.259 / S.1936; Chapter 11)

Foreclosure Compensation Allows homeowners who prevail in foreclosure proceedings the right to seek reimbursement from their lending company for attorney fees. (A.1239-A; Passed Assembly / S.2614-A; Codes)

Banking "Wild Card" Extends for two years the "WildCard" provision of the state banking law which supports parity between federally and state-chartered banks. The measure would ensure state chartered banks can exercise the powers of the federally chartered banks so that state banking institutions are not at a competitive disadvantage. (A.6923-A / S.3724-A; Chapter 122)


CHILDREN AND FAMILIES

Safe Environment for Children in State Facilities Establishes the SAFETY Act to ensure children in the care of the state's Office of Children and Family Services (OCFS) are treated with dignity and respect. The bill would ensure that OCFS maintain an environment in their facilities that is free of harassment and discrimination. (A.3645; Passed Assembly)

Notification of Change in Placement of Foster Children Ensures the needs of foster children are being met in the most appropriate settings by requiring that parents, the attorney for the child and the Family Court be notified prior to the change in placement of a foster child. (A.8418; Passed Assembly / S.5266; Codes)


CITIES

Referendum "Bumping" Rule Terminated Eliminates a provision in the law that allows local referendum proposals to be removed from the ballot whenever a city charter revision commission puts a referendum before voters. The measure would do away with the procedure that allows city charter revision referendums to preempt other local referendums. (A.6019; Passed Assembly)

Electronic Key Entry Card Restrictions Prohibits the use of electronic key entry cards that record information about a tenant, such as the entry time to a building and the tenant's name, photo, address or apartment number. (A.514; Passed Assembly / S.5368; Cities)

Landlord Eviction Penalties Discourages landlords from filing frivolous primary residence eviction proceedings by allowing tenants to recover attorney fees and damages. (A.473-A; Passed Assembly / S.748; Housing, Construction and Community Development)


CODES

Public Information on Registered Sex Offenders Mandates the Division of Criminal Justice Services provide additional information on the sex offender registry to help determine whether a sex offender has violated the terms of their registration. (A.2108; Passed Assembly / S.2923; Crime Victims, Crime and Correction)

Falsifying Crane Inspection Records Adds civil penalties and a minimum fine of up to $1,000 for each violation by crane inspectors who submit false or erroneous reports on the safety status of a machine. (A.7014/S.3564; Chapter 64)

Gun Trafficking Prevention Establishes a series of regulations for firearm dealers to comply with in order to prevent guns from getting into the hands of criminals. The bill would require gun dealers to display firearms and ammunition in a secure way, restricting sales to the locations listed on a dealers' federal firearms license or at gun shows and mandate that dealers conduct the national instant criminal background check on gun purchasers. (A.1093; Passed Assembly / S.1715; Codes)

Crime Victims Ombudsman Establishes the Office of Crime Victims Ombudsman within the Division of Criminal Justice Services. Under the bill, the ombudsman would advocate for and provide information to crime victims and help victims with claims before the crime victim compensation board, the courts and other agencies. (A.521; Passed Assembly)

Bias Related Crime Provides a civil remedy to address bias-related violence or intimidation by permitting victims of such acts to sue those responsible. (A.529; Passed Assembly/ S.5923; Rules)

Training to Help Sexual Assault Victims Requires police officers, prosecutors and judges to undergo mandatory training for cases involving sexual assault. The measure aims to ensure that the state's law enforcement personnel are properly trained in understanding the impact of sexual abuse trauma experienced by victims of sexual crimes. (A.938; Passed Assembly)

Crime Victims Assistance Establishes a crime victims' assistance education program to be developed by the Crime Victims board and the Division of Criminal Justice Services (DCJS). Members of the board and DCJS would be required to attend these education programs as would police officers, judges, district attorneys' offices and other providers of victims' assistance services. (A.1209; Passed Assembly / S.3018; Crime Victims, Crime and Correction)

Domestic Partner Expands the eligibility for crime victims' compensation to include domestic partners. The bill would allow people with long-term relationships that are not recognized by the law and whose loved one was a victim of a homicide to be eligible for compensation. The measure's definition of domestic partners would include elderly siblings or relatives sharing living quarters, unmarried adults living together in long-term committed relationships and parent-child relationships where adoption has never been formalized. (A.4089; Passed Assembly / S.1422-A; Finance)

Victim Compensation for Attending Court Proceedings Compensates crime victims for transportation costs incurred by them when they are needed or who have a right to appear at hearings and trials, sentencing proceedings, conferences or other court related matters. (A.6532-B / S.4405-A; Veto 18)

Firearms Childproofing Devices Creates a class A misdemeanor of selling guns without childproofing devices. The legislation includes the sale of pistols and revolvers manufactured 12 or more months after the bill is enacted. (A.1326; Passed Assembly / S.5228; Codes)

Banning the Possession of Armor Piercing Ammunition Prohibits the possession of ammunition designed to penetrate body armor, frangible or devastator ammunition. (A.2881; Passed Assembly / S.2379; Codes)

Microstamping Firearms Mandates that manufacturers of semiautomatic pistols delivered to licensed firearms dealers in New York State be capable of microstamping each weapon. The legislation would ensure that when a gun is fired the information identifying the make, model and serial number of the gun is stamped onto the cartridge as numbers and letters. (A.6468-B; Passed Assembly / S.6005; Rules)

Safety Courses for Gun Owners Establishes a mandatory responsible gun ownership course for people applying for a gun license. The legislation sets standards and regulations for the certification of instructors and exempts military personnel who have received firearms training. (A.3076-B; Passed Assembly / S.5489; Codes)

Outlawing .50 Caliber Guns Prohibits the sale, use or ownership of .50-caliber firearms. The legislation also directs the state police to create a program to reimburse owners of these weapons for the fair market value upon turning in their gun. The bill makes exceptions for particular hunting weapons. (A.3211-A; Passed Assembly / S.4752; Codes)

Adding to the Definition of a Disguised Gun Redefines the definition of a "disguised gun" as those that are designed to appear as a toy firearm by altering the manufacturer's original color, decorative pattern or plastic surface. (A.5078; Passed Assembly / S.725; Codes)

The Children's Weapon Accident Prevention Act Establishes five new crimes for negligently storing a firearm. The bill also would mandate retailers to alert gun purchasers about the law's latest weapon storage requirements. In addition, to prevent gun accidents, the measure would direct the State Education Department to develop a weapons safety education program for children. (A.5844; Passed Assembly / S.3098; Codes)

Assault Weapon Ban Strengthens the assault weapon prohibition by defining an assault weapon's lethalness with such operational enhancing features as "detachable magazine," "muzzle brake" and "muzzle compensator." (A.6157; Passed Assembly)

Storing Firearms at Pawn Shops Mandates that "collateral loan brokers," in order to prevent gun theft, comply with the same firearms storage requirements that are required of licensed gun dealers and gunsmiths. (A.7574; Passed Assembly / S.5465; Codes)

Gun License Renewal Requires certain firearm licenses outside the City of New York to be renewed every five years. (A.801-A; Passed Assembly / S.1598-A; Codes)

Ethnic and Racial Profiling Prohibits law enforcement officers from using racial profiling. The bill also would require police departments to collect and maintain records related to traffic stops and "stop and frisk" actions and regularly submit the information to the Division of Criminal Justice Services. The bill also would permit victims of racial or ethnic profiling to seek recourse against those who would use race and ethnicity as a basis for exercising their powers. (A.1676; Passed Assembly / S.65; Finance)

Post Weapon Discharge Interview Mandates that New York City police officers be interviewed following incidents when a service weapon is fired and it resulted in death or serious physical injury. The bill would require officers to be interviewed when credible evidence suggests that the weapon was unlawfully discharged. It also calls for a drug and alcohol test to be conducted to determine an officer's fitness at the time of the shooting. (A.1477; Passed Assembly / S.2592; Labor)

Multi-Lingual Police Officer Provides incentives for police officers with foreign language skills to use them in the course of their duties. The bill also would provide greater incentives to individuals who speak foreign languages to become officers and help police departments better communicate with growing multi-lingual immigrant communities. (A.5950; Passed Assembly / S.1333; Local Government)

Police Misconduct Permits the state attorney general to investigate and prosecute cases of alleged police misconduct (A.1486; Passed Assembly / S.2059; Investigations and Government Operators)

"No-Knock" Police Searches Protects against "no-knock" search warrant abuses. Under the bill, innocent individuals who have suffered property damages as a result of such warrants would be compensated for such damage. It also would require police departments to assess the impact of improperly executed "no-knock" warrants and regularly train judges in this area of the law. (A.1508-A; Passed Assembly / S.2594-A; Codes)

Change of Venue Appeals Permits appeals to change of venue rulings that are issued by the Appellate Division of State Supreme Court to be appealed to the Court of Appeals. The bill addresses an anomaly in the current law which makes no provision for change of venue rulings to be appealed. (A.1469; Passed Assembly)

Search Warrant Denial Disclosure Requires law enforcement agencies when seeking a judge's approval for a search warrant to disclose in applications for warrants all previously denied search warrant requests for the same subject. (A.5457; Passed Assembly)

Protecting Domestic Violence Victims Bans domestic violence perpetrators from legally possessing firearms. (A.7575-A; Passed Assembly).

Judicial Firearm Ownership Inquiry Requires judges, in domestic violence cases before criminal or family court, to ask the involved parties whether they own a gun. The measure aims to prevent additional crimes of violence. (A.4320-A; Passed Assembly / S.1647-A; Rules)

Domestic Violence Damage Recovery Permits victims to recover non-economic and economic damages from those found liable for domestic violence as well as from those government agencies that fail to enforce orders of protection. (A.5516; Passed Assembly / S.4452; Rules)

Time Served Excludes time served from being counted toward the duration of an order of protection against individuals convicted of committing a domestic violence misdemeanor and incarcerated for such crime. (A.5705; Passed Assembly)

Ensure Defendants Can Contact Attorney or Family Upon Arrest Entitles defendants charged with an offense to telephone any number located in the United States, its territories and outlying areas for the purpose of obtaining counsel and informing a relative or friend. The bill also would provide protection against any misuse of this entitlement. (A.8530-C; Passed Assembly / S.5688-B; Codes)

Protects the Incompetent or Physically Disabled from Assaults by Caregivers Establishes new felony offenses relating to endangering the welfare of an incompetent or physically disabled person. (A.6349 / S.5208; Veto 69)

Helps Victims of Human Trafficking Reenter Society Permits motions to vacate judgment against victims of sex trafficking for certain prostitution offenses. (A.7670; Passed Assembly/S.4429; Codes)

Protects Those Afflicted With Drug Addiction from Exposure to Diseases Reinforces current law that permits individuals in state sponsored needle exchange programs from being unnecessarily targeted for prosecution. (A.8396; Passed Assembly / S.5620; Rules)

Protects Volunteers and Providers of Reproductive Health Services Reinforces New York's clinic access laws by establishing the crimes of aggravated interference with health-care services in the first and second degrees, making it a felony to cause serious physical injury to providers and volunteers at health clinics. (A.8924; Passed Assembly)

Updates Peace Officer Training provides greater state oversight and uniformity to peace officer training. (A.7957-A; Passed Assembly)

Nixzmary's Law Provides that a person is guilty of aggravated murder when such person acts in an especially cruel and wanton manner in causing the death of a child. (A.5080; Passed Assembly / S.6091; Rules)

DNA Database Expanded, Innocence Commission Established, Greater Protections for the Wrongfully Convicted Strengthens and expands the use DNA of evidence to both convict the guilty and exonerate the innocent by establishing statewide standards for the preservation and cataloguing of DNA evidence. The bill also would set formal procedures for individuals who may be innocent to seek a comparison between the DNA evidence taken from the crime scene and their DNA profile.

The legislation also establishes a Commission on the Integrity of the Criminal Justice System, to study the errors made in wrongful conviction cases and make recommendations as to how to prevent such breakdowns in the justice system from occurring again. In addition, to reduce wrongful convictions, the measure also mandates the videotaping of custodial interrogations conducted in police stations for felony cases. (A.6528; Passed Assembly / S.4668; Finance)

Criminal Mischief Law Updated Raises the threshold level of damage for committing the felony crime of criminal mischief in the third degree. (A.5012; Passed Assembly / S.4636; Codes)

Order of Protections Expanded Clarifies the law so that it is clear that an order of protection issued in relation to a family offense begins at the time of sentencing and not at time of conviction. (A.8807; Passed Assembly)

Increases Availability of Class Action Proceedings Prohibits a court from denying class certification solely because the action involves governmental operations. (A.5019; Passed Assembly / S.5394; Codes)

Protects Victims of Child Sex Offenses Establishes that a person is guilty of criminal trespass in the second degree when an individual, who is required to register as a sex offender, enters or remains in a school knowing that the victim of his or her offense attends or formerly attended such school. (A.2257; Passed Assembly / S.1606; Codes)

Expands Definition of "Property of Another" Clarifies the law for crimes constituting criminal mischief so that "property of another" includes any property another person has an interest in, regardless of whether the defendant has an interest in such property. (A.2006 / S.4306; Chapter 45)


CONSUMER AFFAIRS AND PROTECTION

Improving New York's Debt Collection Practices Law Prohibits improper and abusive debt collection practices and procedures and governs how debt collectors may communicate with debtors. The bill would largely align New York Law with the federal Fair Debt Collection Practices Act. (A.8840-B; Passed Assembly / S.6036; Rules)

Debtor's Bill of Rights Requires that debt collection firms provide consumers a written notice detailing the manner in which the collection agency is permitted to recover a debt and the rights of debtors under state law. (A.271-A; Passed Assembly /S.3797; Rules)

Licensing Debt Collection Agencies Mandates that third party debt collection firms operating in New York obtain a license from the Department of State. The legislation would require that firms submit a summary of the methods used to confirm the accuracy of the debts it seeks to recover. (A.3926-C; Passed Assembly)

Social Security Number Disclosure Limitations Permits individuals to refuse requests from businesses to provide their social security number when there is no legal basis to request such information. The provisions of the bill would be enforced by the attorney general. (A.235; Passed Assembly /S.1696; Consumer Protection)

Weight Loss Services Requires individuals and businesses selling weight loss services and products to provide consumers with weight loss and dieting information notices that include the risk of rapid weight loss. (A.3302; Passed Assembly)

Airbags: Standard Auto Equipment Mandates that manufacturers that sell and install airbags must offer the devices as a standard feature for their automobiles or as an option that does not require the purchase of other features. (A.3319; Passed Assembly / S.3793; Rules)

Skateboards and Roller Skates Requires that manufacturers of skate boards and roller skates provide a safety warning label advising users to wear full protection safety gear and that it be on either the box in which the item is sold or that the warning label be tagged to the product. (A.4285-A; Passed Assembly / S.3642; Codes)

Sunscreen Effective Date Requires sunscreen products to be labeled conspicuously with 'best if used before' date and storage recommendations. (A.6367; Passed Assembly / S.3464; Consumer Protection)

Requires Enhanced Disclosure of Retailer Refund Policies Makes several improvements to the refund policy disclosure law by removing an exemption that allowed retailers that provide cash refunds within twenty days to avoid the disclosure requirement. The measure also requires stores to post whether their return policies charge consumers any fees. It also mandates that retailers provide a written copy of a store's return policy that is available upon request. (A.7562 / S.3762; Chapter 278)

Strengthening New York's Telemarketing and Do Not Call Laws Requires telemarketers to provide consumers with the identity of the telemarketer and seller, the purpose of the call, and the identity and cost of the goods or services being offered. The bill also clarifies that prerecorded telephone messages and any message delivered to a consumer's voicemail are considered calls for the purposes of the Do Not Call Law. (A.8839-A; Passed Assembly)


CORPORATIONS, AUTHORITIES AND COMMISSIONS

Albany Convention Center Permits the state Dormitory Authority to provide project management services for the construction of the Albany Convention Center. (A.1032 / S.393; Chapter 38)

Closed-Circuit Television System and Surveillance Personal Privacy Act Provides for privacy protections in relation to the operation and use of closed-circuit television (CCTV) systems by state authorities, the state highway system, and municipalities. The bill would prohibit monitoring by such systems of persons or private property except in certain circumstances such as emergencies. The bill also would prohibit the collection of personal identifier information by CCTV, and restrict the recording of CCTV data. Under the bill, the CCTV system data would be used solely for transportation planning, traffic management, and traveler information purposes. (A.1313; Passed Assembly / S.4329; Corporations, Authorities and Commissions)

Shareholder Voting Via Electronic Communication Requires corporations to implement measures that enable shareholders that are not physically at a meeting to witness the proceedings and vote or cast proxies via electronic communication such as Webcast, and telephonic and Internet voting. (A.1567; Passed Assembly/S.5793; Rules)

Teleworking Expansion Act Requires public authorities with 25 or more employees to establish a policy and program that would allow employees to perform their duties through teleworking. (A.2000-A; Passed Assembly/S.5790; Rules)

Public Authority Reform Establishes a number of reforms to the governance and operations of public authorities, including creating an Authority Budget Office and prohibiting the creation of subsidiary authorities without legislative approval (with certain exceptions). The measure also would make changes to the authority board's governing process and enable the comptroller to approve authority contracts. The legislation also would strengthen the rules on the disposition of public authority property, subject the state public authorities to MWBE requirements under Article 15-A of the Executive Law, and create whistleblower protections. (A.2209-C / S.1537-C; Chapter 505)

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 MTA and its subsidiaries. The council would be authorized to recommend an additional non-voting member to the MTA Board. (A.3954; Passed Assembly / S.1386; Transportation)

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 to include companies, associations, and partnerships. (A.4904 / S.3329; Chapter 226)

Public Authority Subcontracting Prohibits the use of subcontracting by public authorities, except under certain circumstances, when it would duplicate services of employees of the authority. A public authority would be required to perform a cost benefit analysis to evaluate the cost effectiveness of any subcontract. (A.4343; Passed Assembly / S.3508; Veto 66)

Notification of Utility Rate Increases Requires all utility corporations to include on their bills to customers advance notice of the date and place of any public hearings, including but not limited to, those public hearings concerning a proposed rate increase. (A.4671; Passed Assembly / S.3573; Energy and Telecommunications)

Episcopal Church Governance Lowers the age for voting and serving as a lay delegate in Protestant Episcopal parishes as prescribed in the New York State Religious Corporation Law from 18 to 16 years of age. (A.4727 Passed Assembly / S.4055; Corporations, Authorities and Commissions)

Telephone Lifeline Service Expands the number of New Yorkers that qualify for telephone lifeline service. (A.4967-B; Passed Assembly / S.3446; Energy and Telecommunications)

Nuclear Emergency Preparedness Assessment Fee Authorizes the Public Service Commission (PSC) to increase such fee by $1 million each year beginning fiscal year 2011-2012, and to increase the fee annually by the increase in the CPI-U or by three percent, whichever is greater, beginning fiscal year 2013-2014. The payment date for such fee would be advanced eight months to April 1 to correspond with the beginning of the fiscal year. (A.5193-A; Passed Assembly / S.4598-A; Energy and Telecommunications)

Qualified-Based Selections Process for Public Authorities Requires public authorities, during the selection of contracts, to negotiate with the highest qualified professional firms for engineering, architectural, and surveying services, in order of their competence and qualifications. (A.7056-B; Passed Assembly / S.3531; Rules)

Bonuses to Employees of Public Authorities Prohibits public authorities from providing bonuses to any employee who is not covered under a negotiated contract, or to a board member. (A.7242-A; Passed Assembly / S.3664-A; Corporations, Authorities and Commissions)

MTA Small Business Mentoring Program Establishes the MTA Small Business Mentoring Program to provide small businesses in the construction trades with annual revenues of less than $5 million with the opportunity to compete for public works contracts of the MTA. Under the bill, these small firms would receive advice and technical assistance of experienced firms within the construction industry. (A.8681; Passed Assembly / S.5987; Rules)


CORRECTIONS

Rockefeller Drug Law Reform Reforms the state's drug laws by eliminating most mandatory minimum state prison sentences and restores judicial discretion and permits judges to sentence non-violent drug offenders to probation, local jail or a combination of both. The bill also enhances options for substance abuse and drug treatment and rehabilitation. It also would augment reentry initiatives designed to facilitate the reintegration of offenders into society thereby breaking the revolving door of drug abuse and prison. In addition, the measure would allow certain non-violent drug offenders to be eligible for treatment and judges will have more sentencing discretion. Under the measure, long prison sentences continue to be available, particularly for drug peddlers, those who sell on school grounds or to minors and for "kingpin" drug dealers. (A.156-B / S.56-B; Chapter 56)

Sex Offender Alert Permits citizens to be notified with automatic email alerts of a Level 2 and Level 3 sex offender living in their community. The bill allows citizens to request the cost-free email updates for up to three counties or zip codes. (A.1242-B / S.1362-C; Chapter 478)

Caring for Pregnant Female Inmates Provides for the care and custody of pregnant female inmates before, during and after delivery and prohibits the use of restraints while traveling to the hospital for purposes of giving birth unless the inmate is a substantial flight risk. (A.3373-A / S.1290; Chapter 411)

Adding Time to Registration of Sex Offenders Provides that an offender who fails to register or verify residence as a sex offender under Megan's Law will have that period of time of such failure to register added to the duration of their registration. (A.2132; Passed Assembly / S.4743; Codes)

Crimes Against Abusers Allows certain inmates found guilty of a crime against their abuser to be granted merit time allowances if they were victims of physical, sexual or psychological abuse and if the crime was an act of retribution. (A.4516-C; Passed Assembly / S.3438-A; Rules)

Providing Inmates with Information on HIV Requires the Department of Corrections provide an inmate upon discharge with educational information about the prevention of HIV. (A.8384-B; Passed Assembly / S.5973; Rules)

Establishing Commission to Study Sexual Misconduct Establishes a temporary state commission to investigate and study sexual misconduct in state correctional facilities among inmates and employees and set up a reporting system for notification of such conduct to appropriate authorities. (A.3755-A; Passed Assembly / S.1340-A; Finance)

Permitting Prisoners to Voluntarily Perform Charitable Work Amends the New York State Constitution to permit inmates to voluntarily perform work for not-for-profit institutions. (A.5598 / S.4124; Delivered to the secretary of the state)


ECONOMIC DEVELOPMENT

Sustainable Economic Development Creates a 15-member sustainable development task force to study the feasibility of adopting a goal-oriented and performance-based regulatory system to achieve the goal of sustainable development in the state. (A.2320; Passed Assembly / S.4293; Finance)

Developing Manufacturing Industries Establishes the strategic network partnerships program to organize, integrate and coordinate state programs designed to assist manufacturing industries to become more competitive and productive. The measure also would create the supplier network group services program for businesses supplying the same manufacturing company or a group of similar companies with products used in the manufacture or assembling of final products. (A.2852; Passed Assembly / S.4103; Commerce, Economic Development And Small Business)

Small Business Information Access Enacts the Academic Research Information Access Act. The bill would provide the public and private academic and research libraries of New York access to information resources at institutions of higher education and within the small business community. (A.7229; Passed Assembly / S.5419; Finance)

Radiator Fluid Safety Additive Provides that any engine coolant or antifreeze that contains more than 10 percent ethylene glycol would only be sold if it contains at least 30 parts per million of denatonium benzoate as a bittering agent to render it unpalatable. (A.7602; Passed Assembly)


EDUCATION

Education Funding Included in 2009-2010 State Budget Continues the Assembly's commitment to provide a solid education for New York State's children despite tough economic times. The budget stabilized aid to schools by restoring $1.1 billion to school districts and provides $376 million for universal pre-kindergarten. It lifted the governor's freeze on reimbursable expense-based aid including transportation, building aid and BOCES - ensuring schools have access to the funds they need. Under the bill, schools benefit by an estimated increase of $403 million in state funds for the 2008-09 school year. Foundation aid for the 2009-2010 school year will remain at current levels. The Assembly continues its commitment to foundation aid by phasing in full funding over three years, a year earlier than the executive's proposal, starting in 2011-12. (A.153-C / S.53-C; Chapter 53)

NYC School Governance Provides greater parental participation and input, transparency, and accountability in the management and operation of the New York City School District. The legislation would expand the scope of policies and actions that require Board of Education approval. It also would establish a comprehensive public review process for significant policies, require prior notice of all Board of Education meetings and mandate that the public be granted an opportunity to speak at board meetings. A new procurement policy is also created with certain contracts requiring board approval. In addition, an extensive public process is established that would give parents, students and staff at least six months notice of any school closing or significant change in school utilization. Under the bill, the city comptroller and the New York City Independent Budget Office would be granted the authority to conduct greater oversight over the city school district. The legislation would maintain the current composition of the Board of Education, with the exception that the chancellor serves as an ex-officio non-voting member. (A.8903-A; Passed Assembly / S.5887; Rules)

H1N1 Swine Flu Virus Requires the Commissioner of Education to disregard any deficiency in the number of days of session that could result in a loss of state aid for school districts with one or more school closures related to the H1N1 swine flu virus. (A.8710 / S.5462-A; Chapter 194)

Public Schools Emergency Alert Act Requires the New York City School District to implement an emergency alert notification system to convey timely information concerning emergency situations that pose a threat to students, faculty and staff. The emergency alert notification system would be required to employ several methods of communication, including automated text messages, phone calls or electronic mail. The alerts would notify and advise parents, faculty, staff, and elected representatives. (A.1245-A / S.3254-A; Chapter 31)

Dignity for All Students Act Prohibits discrimination and harassment based on the actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, mental or physical disability, sexual orientation, gender or sex on school grounds or any school function. Under the bill, the Board of Education of each school district would be required to adopt a policy to be included in the district's code of conduct to prohibit discrimination and harassment. In addition, the Commissioner of Education must assist boards of education in developing model policies and must report on incidents of discrimination and harassment in schools on an annual basis. (A.3661-B; Passed Assembly / S.1987-A; Education)

Board Member Training Requires all first-term members of boards of education to attend training sessions within one year of taking office to acquaint members with the powers, functions and duties of boards of education and other administrative authorities that affect public education. Under the bill, this training would be taken as a separate course or taken together with the training that is already required by law regarding the financial oversight, accountability, and fiduciary responsibilities of school board members. (A.2693; Passed Assembly / S.4658; Education)

Rights of Students Requires that boards of education to establish a policy to ensure that students and parents are notified of a student's right to object to participate in animal dissections on moral or religious grounds. Under the bill, boards of education must make the notice available and distribute it at the beginning of each school year. (A.3467-A; Passed Assembly)

Reduction of Certain Reporting Requirements Provides that certain reports required of school districts and BOCES may be kept on file for public inspection and review by the Commissioner of Education instead of being submitted to the State Education Department. In addition, the bill would eliminate certain requirements for the reporting of duplicative information. (A.9035; Passed Assembly)

Conditional Appointment of School Employees Extends for one year the ability of school districts, BOCES, and charter schools to make a conditional appointment of prospective employees. The legislation would impose a maximum 45-day limit for all conditional appointments absent an approval for good cause by the Commissioner of Education. (A.8564/ S.5765; Chapter 179)


ELECTION LAW

2010 Campaign Finance Reform Act Provides the option of public campaign financing for statewide offices, state legislative offices and constitutional convention delegates. (A.8902; Passed Assembly)

Accessible Polling Place Requires each polling place to be accessible to physically disabled voters and provides guidelines in accordance with the accessibility requirements mandated by the federal Americans with Disabilities Act of 1990. (A.584-A / S.1058-A; Veto 60)

Absentee Ballots Authorizes the use of titles, initials or abbreviations of names as signatures on absentee ballots. (A.1001 / S. 2810; Chapter 40)

Election Inspectors Authorizes the Board of Elections to employ election inspectors to work half-day shifts with adjusted compensation. The bill also would require county boards of elections to prescribe the necessary rules and procedures to ensure proper poll site operation. (A.1308; Passed Assembly / S.1836-A; Rules)

Petitions Provides that designating petitions and independent nominating petitions may not contain candidates for the same public office from different political subdivisions. (A.1436 / S.4378; Chapter 71)

Russian Language Voting Materials Directs the Board of Elections in a city of over one million to furnish voting materials in the Russian language as well as in English. The measure would further direct the Board of Elections to produce and disseminate a citywide booklet that includes a voter registration form in English with instructions also in Russian. (A.1559 / S.552; Chapter 244)

Braille Ballots Provides that ballots for all elections will be made available in braille, upon the request of a blind or visually impaired voter for all elections, including school elections. The bill would direct the state Board of Elections, and the commissioner of education, to establish rules for the preparation, distribution, casting, and canvass of braille ballots. (A.3738; Passed Assembly / S.4843; Elections)

Domestic Violence Victims Ballots Clarifies the definition of "victim of domestic violence" to include harassment and menacing and emotional harm in Election Law in order to authorize special ballots for victims who have been forced to leave their home due to such violence. (A.3910; Passed Assembly / S.1535; Rules)

Student Inspectors Allows certain students enrolled in school, with parental consent, to serve as election inspectors or poll clerks. Under the bill, these student inspectors and clerks will be recorded as attending school. (A.4467; Passed Assembly / S.5172; Elections)

Voting Space Requirements Requires owners of buildings who obtain tax abatement exemptions or other public benefits to make available rooms for voting and registration that are accessible to individuals with handicapping conditions. (A.5707; Passed Assembly / S.5029; Elections)

Absentee Ballot Allowance Allows primary care givers of persons who are suffering from a physical disability or illness to vote by absentee ballot. (A.3367-A; Passed Assembly)

Affidavit Ballot Provides that an affidavit ballot that is submitted on Election Day at a polling place will also constitute as an application to register to vote for future elections. (A.4015-A; Passed Assembly)

Absentee Ballot Simplification Provides for a streamlined absentee ballot application process by allowing qualified voters to apply for absentee ballots if they meet one of the criteria in the constitution without invading the privacy of the voter. The bill would simplify the absentee ballot process by removing the requirement that voters provide certain information. (A.5276-A; Passed Assembly / S.2868-A; Rules)

Application Deadline Allows voters to request an absentee ballot from the Board of Elections by letter, telefax or other written instrument. (A.7347; Passed Assembly / S.4960; Rules)

Military and Overseas Ballots Simplifies the process for both military and other overseas voters to apply for and obtain a paper ballot for primary, general and special elections and expands the time frame for the return of such ballots. (A.8376 / S.5595; Chapter 165)

Voting Rights Notification And Registration Act Enacts the "Voting Rights Notification and Registration Act" to allow for election participation by eligible voters with felony convictions. The bill would notify these individuals of their voting rights, provide assistance with voter registration, and share data among the Department of Correctional Services, the Division of Parole, and the State Board of Elections. (A.2266-A; Passed Assembly / S.1266-A; Rules)


ENERGY

Article X Reauthorizes the expired Article X process, to provide a streamlined approval process to encourage new electric generation be built to meet the energy and reliability needs of the state's energy consumers. The legislation would provide for enhanced community input into siting decisions and provide additional health-related protections. (A.8696; Passed Assembly)

Power for Jobs Extends New York's Power For Jobs Energy incentive program through May 15, 2010. The program has provided hundreds of millions of dollars worth of discounted electricity or energy rebates to businesses and non-profit organizations that pledge to produce and sustain jobs within New York. The measure also would require PASNY to conduct energy audits based on a representative sample of the power incentives that are available to its customers. (A.9039-A; Passed Assembly / S.6031; Chapter 217)

Green Jobs/Green New York Authorizes the New York State Energy Research and Development Authority (NYSERDA) to create and administer a Green Jobs/Green New York program. The initiative will provide funding to communities, homes, small businesses and not-for-profits for energy efficiency retrofits and job training for individuals to help revitalize the economy in an energy-independent and environmentally responsible way. (A.8901-A; Passed Assembly / S.5888; Rules) (A.9031; Passed Assembly / S.51032; Rules)

Green PASNY Energy Enhances the energy efficiency, clfgean energy, energy service and green building programs administered by the Power Authority of the State of New York (PASNY). The measure aims to reduce energy consumption in a way that is consistent with the state's energy and environmental policies. (A.9040; Passed Assembly / S.6050",2009);?>; Rules)

Utility Transmission Facilities Makes available state funds to help municipalities, citizens and community groups who wish to intervene in proposed electric transmission projects. (A.1122 / S.1599-A; Chapter 349)

Micro-CHP Systems Expands New York's net metering law by adding residential combined heat and power generating systems to the list of currently eligible technologies that can be net metered. (A.2442-C / S.4283-B; Chapter 355)

Power Purchasing Requires utilities to act as "purchasing agents" for customers through a Public Service Commission (PSC) approved portfolio management plan in order to ensure that a basic level of electric service is available at prices that are not subject to fluctuations in the wholesale market. (A.5409; Passed Assembly)

Energy Planning Reauthorizes Article Six of the Energy Law, regarding energy planning requiring comprehensive studies of the states energy needs. (A.5877 / S.2501-B; Chapter 433)

Net Metering Program Allows non-residential utility customers to participate in net metering program, with solar and wind generating systems. (A.7557; Passed Assembly / S.4993; Energy and Telecommunications))


ENVIRONMENTAL CONSERVATION

Bottle Bill Expanded Expands in the SFY 2009-2010 budget the state's Returnable Beverage Law to include water beverage containers under one gallon, which will increase recycling and provide a new revenue stream to New York State. Under the bill, a five cent deposit would be placed on water bottles, and stores over 40,000 square feet would be required to have reverse vending machines on their premises to process returnable containers. In addition, 80 percent of all of the unclaimed nickels on beverage containers would be remitted to the state. (A.159-B / S.59-B; Chapter 59)

Electronic Waste Recycling Programs Requires the manufacturers of electronic devices including computers, televisions, printers and other technologies to develop equipment recycling programs. The bill aims to prevent the release of toxic substances when electronic devices are discarded. (A.9049; Passed Assembly / S.6047; Rules)

Statewide Recycling Encourages and enhances statewide recycling efforts and compliance by private citizens, local governments and waste haulers. The bill would clarify the obligations of waste haulers and specify the materials that are to be recycled and separated. (A.1319; Passed Assembly)

Discontinue Pesticides Use Provides for the phase-out of pesticides on state property. The measure would discontinue the use of pesticides by the state and adopt a pest control policy that substantially relies on non-chemical pest control methods. (A.5848; Passed Assembly / S.4043; Environmental Conservation)

Bisphenol-A Products Prohibits the sale of any toy, child care product or beverage container containing bisphenol-A in products intended for children under three years of age. (A.6919-B; Passed Assembly / S.3296; Codes)

Healthy and Green Procurement Act Establishes the New York State Healthy and Green Procurement Act to ensure that state agencies purchase environmentally-friendly products. (A.7038; Passed Assembly / S.4991; Finance)

Wetland Protection Reduces the minimum acreage of wetlands the DEC can regulate from 12.4 acres to one acre and require permits for the subdivision of wetland areas. (A.6363; Passed Assembly / S.848; Environmental Conservation)

Private Well Testing Requires testing of private wells upon the sale or transfer of real property and mandates periodic testing on leased properties. (A.4557; Passed Assembly / S.2678; Environmental Conservation)

Decabromodiphenyl Prohibition Bans the use of the chemical flame retardant Decabromodiphenyl (DecaBDE) in electronics, textiles and mattresses. (A.7573; Passed Assembly)

Climate Change Solutions Program Fund Permits the state to use revenues raised from the Regional Greenhouse Gas Initiative (RGGI) to develop and promote clean and renewable energy sources. (A.6321 / S.2764; Finance) (A.7017 / S.5641; Finance)

Legal Standing Strengthens the rights of individuals that may be harmed by violations of the state Environmental Quality Review Act (SEQRA). Under the current law, such an injured person would be denied standing when the environmental violations were deemed not to differ from the harm to the public at large. (A.3423; Passed Assembly / S.1635; Rules)

Civil Judicial Actions Grants private citizens authorization to commence civil judicial actions under certain titles of the Environmental Conservation Law. (A.4272; Passed Assembly / S.1730; Codes)


GOVERNMENTAL EMPLOYEES

Comparable Worth Makes it a discriminatory practice for public employers to compensate employees of different sexes differently for work that is of comparable worth. The bill would make an exception for the seniority system and prohibit the reduction of anyone's compensation to conform with this provision. (A.1119; Passed Assembly / S.5480; Finance)

Service Equally Implements the state policy of compensating employees in state service equally for work of comparable value by eliminating wage inequality in job titles which have been segregated by sex, race, or national origin. (A.6712; Passed Assembly / S.5271; Finance)

Surviving Spouse Benefits Extends the escalation of a cost of living increase of approximately three percent for all line-of-duty widows or widowers for fiscal year 2009-10. (A.4905-A Assembly / S.2343-A; Chapter 305)

Examination Credits Provides civil service examination credits to children and siblings of uniformed sanitation workers killed in the line of duty. (A.4104; Passed Assembly / S.4638; Civil Service and Pensions)

Retirement Benefits Extends for two years all the temporary benefits for members of the retirement systems and the public employer contributions to the retirement system that would otherwise be paid by an employee. The measure also would continue the supplemental retirement allowances for Tiers 3 and 4 of the retirement system and the right of members to negotiate for improved benefits without receiving prior approval by an act of the Legislature. (A.5808 / S.2312; Chapter 79)

Interest Rate Extender Extends until June 30, 2010, the current eight percent statutory rate of interest used by public employee unions to compute an employer's contribution amount. The bill would apply to the New York City Employees' Retirement System, Teachers' Retirement System, Board of Education Retirement System, Police Pension Fund, and the Fire Department Pension Fund.

The legislation also would continue the return rate of 8.25 percent annually on the 403(b) savings plans. A 403(b) plan is a tax-deferred retirement savings plan offered to school district employees. The plans are funded by employee contributions and often by matching employer contributions. (A.8933 / S.5918; Chapter 211)

Employer Contributions to the Common Retirement Fund Establishes a six year program that would provide the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System (Common Retirement Fund) with the option to amortize a portion of their bill when employer contribution rates rise above certain levels. The amortization would be over a ten year period and the rate of interest would be determined by the comptroller. (A.9037 passed the Assembly).

Tier V Pension Reform Enacts a new and cost efficient tier of pension benefits for public employees. Creates a new Tier V classification for incoming members of the New York State and Local Retirement/Police and Fire Retirement System (excluding New York City police and fire retirement system members); New York State and Local Retirement System/Employees Retirement System; the New York State Teachers' Retirement System; and the New York City Teachers' Retirement System and New York Board of Education Retirement System. (A.40026/ S.66026; Signed by Governor)


GOVERNMENTAL OPERATIONS

Ethics and Lobbying Reform Strengthens oversight and enforcement of New York's ethics and lobbying laws and provides the public with improved accountability and transparency by requiring greater financial disclosure by public officials and lobbyists.

This bill would establish the Commission on Lobbying Ethics and Compliance, thereby restoring an independent commission on lobbying. The measure also creates the Joint Legislative Commission on Ethics and Standards and an independent Legislative Office of Ethics Investigations. It also establishes an Executive Ethics Compliance Commission to replace the current Commission on Public Integrity.

The legislation also would require increased financial disclosure for all public officials by ending the practice of redacting categories of value on legislative ethics disclosure forms; adding an additional category of value to better identify higher-level financial interests; and requiring better descriptions of outside employment, including consultant businesses and business associations and appearances before state agencies.

In addition, the legislation also would increase disclosure by requiring lobbyists and clients of lobbyists to disclose business relationships they have with state public officials. (A.9032; Passed Assembly / S.6064; Rules)

Public Body Meeting Broadcast Allows any individuals to record, broadcast or photograph a public meeting of a public body, provided that it is done in a way that is not disruptive to the meeting. (A.1045; Passed Assembly / S.1490; Investigations and Government Operations)

Online Public Agency Reports Requires agency reports to be published at a centralized Online location, reducing unnecessary printing of such reports. (A.650; Passed Assembly / S. 1491; Rules)

Public Meeting Online Notification Requires public bodies to post notices of the place and time of public meetings on their Web site. (A.3169 / S. 2754; Chapter 26)

Open Meeting Law Strengthens the Open Meetings Law by providing an additional mechanism that would allow courts to enforce the open meetings law when any portion of a meeting is closed in violation of the law. (A.2046-A / S.3453; Veto 3)

Copyright Claims Waives the ability of government agencies in New York to claim copyright protection except where the record reflects artistic creation, or scientific or academic research. (A.5726; Passed Assembly / S.3659; Investigations and Government Operations)

Public Meeting, Adequate Room Directs public bodies to make reasonable efforts to conduct meetings in facilities that can accommodate the number of people expected to attend. (A.5873; Passed Assembly / S. 4285; Rules)

Electronic Agency Records Request Requires agencies to accept and respond to requests for records, made in relation to the Personal Privacy Protection Law, through electronic mail if the agency has reasonable means to do so. (A.6382 / S.3020; Chapter 27)

Domestic Violence Victim Housing and Employment Discrimination Prohibits discriminatory practices against individuals in relation to housing and in employment matters because they have been victims of domestic violence. (A.9020; Passed Assembly / S.5999; Rules) (A.9018; Passed Assembly / S.6000-B; Rules) (A.755 / S.958-B; Chapter 80)

Shirley Chisholm State Office Building Officially names the state office building at 55 Hanson Place, Brooklyn the Shirley Chisholm State Office Building. The bill recognizes the significant contributions and accomplishments of Shirley Chisholm, who became the nation's first African American Congresswoman in 1968, serving the people of Brooklyn's 12th Congressional District for seven terms. (A.5365 / S.2231; Delivered to the governor)

Disabilities Discrimination Bans discrimination against persons with disabilities by a public entity and requires accommodations be provided for such individuals. (A.781B; Passed Assembly / S.5396; Veto 61)

Equal Pay, A Human Right Makes unequal pay on the basis of sex an unlawful discriminatory practice under the state Human Rights Law. (A.2351; Passed Assembly / S.2968; Investigations and Government Operations)

GENDA Protects transgendered people under the Human Rights Law by prohibiting discrimination based on gender identity or expression. According to the sponsor, transgender individuals, whose gender identity, appearance, behavior or expression differs from their genetic sex at birth, are particularly vulnerable to hate crimes and commonly face discrimination in housing, employment, credit and public accommodation. (A.5710; Passed Assembly / S.2406; Investigations and Government Operations)

Toll Record Confidentiality Establishes reasonable, uniform provisions for maintaining the confidentiality of electronic toll and electronic fare records, including "Metrocard" and "E-Z Pass" records, while at the same time authorizing disclosure to accommodate the needs of law enforcement. (A.4985; Passed Assembly / S.5077; Codes)

Executive Chamber Records Reforms the law regarding the governor and Executive Chamber's records to ensure the availability of public documents to the citizens of New York through the state archives. (A.641-A / S.738-A; Veto 10)

Prompt Contracting Makes permanent provisions in the state finance law that give the state comptroller oversight over the waiver interest and penalties in unusual circumstances involving state contracts with not-for-profit organizations. (A.8327/ S. 5659; Chapter 232)

Veteran Procurement Provides benefits in the state procurement process to businesses owned and operated by service-disabled veterans. (A.8555-A / S.3285-A; Veto 76)

Bulk Energy Purchasing Expands the authority of the Office of General Services to purchase and deliver electricity and renewable energy as a centralized service to state agencies for two years. (A.9019; Passed Assembly / S.6046; Rules)


HEALTH

Health Care Cuts Restored Reverses cuts to health care in the 2009-10 budget by restoring approximately $1.3 billion to protect the most vulnerable patients and ensure working families have access to quality health care. The bill begins permanent health care reimbursement reforms and investments that will lead to $1.6 billion in savings this year and billions more in future years.

The measure also restores $49.9 million to the Elderly Pharmaceutical Insurance Coverage (EPIC) program - which is designed to lower prescription drug costs for seniors with fixed incomes - and restores $2.8 million to the Medicaid program to restore "wrap around" coverage for drugs denied by Medicare Part D. (A.154-C / S.54; Chapter 54)

Nursing Home Patient Representatives Extends current prohibition of nursing home retaliation against a patient who sues the facility for alleged injury to apply where the patient is unable to act on his or her own behalf and the lawsuit is pursued by the patient's representative. (A.724 /S.3841; Chapter 60)

Legal Action Authorized for Patient Representatives Clarifies that a lawsuit against a residential health care facility for damages can be initiated by a patient's estate or legal representative if the patient has died or cannot act on his or her own behalf. (A.725; Passed Assembly)

Damage Awards Exempt from Medicaid Exempts from collection by Medicaid damages that have been awarded to a nursing home patient or his or her representatives or estate. (A.730 / S.3834; Veto 7)

Nursing Home Patient Right to Sue Clarifies the right to sue a nursing home under section 2801-d of the Public Health Law by making explicit that such a right extends to injuries against physical and emotional health, financial injury as well as death. (A.763 / S.3907; Chapter 61)

Child Health Plus Requires the Commissioner 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.734; Passed Assembly / S.4060; Finance)

Optometric Services for Medicaid Patients Ensures that individuals receiving Medicaid benefits will have access to the medical eye-care services that are available at the College of Optometry at the State University of New York. (A.1138; Passed Assembly / S.4529; Health)

Minority Health Status Study Requires the Office of Minority Health to establish a program designed to collect data on participants and compile a report based on race, ethnicity and primary language and to submit the annual report to the Legislature. The measure aims to provide Assembly members and Senators and the public with a comprehensive report on the health status of the state's minority populations. (A.1475; Passed Assembly / S. 2878; Health)

Health Facility Incident Reporting Extends the state's hospital incident reporting system to include nursing homes, clinics, and home care service agencies. The measure would require that such health care facilities investigate all reportable incidents within 30 days and file their findings with the Department of Health. (A.1724; Passed Assembly / S.3906; Rules)

Healthy Teens Act Establishes the "Healthy Teens Act" to develop an age-appropriate sex education grant program through the Department of Health for school districts, boards of cooperative educational services, school-based health centers and community-based organizations. The measure is designed to help schools provide a comprehensive education program to prevent unwanted pregnancies and sexually transmitted diseases among the state's youth. (A.1806; Passed Assembly / S.3836; Rules)

Affordable Prescriptions Establishes a Prescription Drug Discount Program to help manage consumer prescription and medication purchasing power by negotiating rebates with suppliers, which would then be applied toward reduced prescription drug costs for participants. (A.2007; Passed Assembly / S.121-A; Finance)

Prescription Drug Firms and Health Plan Disclosure Establishes a fiduciary relationship between Pharmacy Benefit Managers (PBMs) and health plans or providers in order to create greater transparency within companies that manage prescription drug benefit programs. The bill aims to ensure that PBMs do not just act to benefit their own interests but rather the interests of the health plan and its beneficiaries. (A.2008; Passed Assembly / S.3930; Rules)

Food Calorie Disclosure Requires certain restaurants and food service establishments to post the caloric value of food items on their menu. (A; Passed Assembly)

Trans Fat Food Ban Prohibits certain restaurants and food establishments from serving foods containing artificial trans fat. Under the bill, food items that contain less than 0.5 grams per serving of trans fat will not be banned nor would food products that contain naturally occurring trans fat. (A.6359; Passed Assembly / S.5937; Rules)

Medical Use of Marijuana Permits patients who suffer from serious illnesses to use marijuana while under the care of a physician. (A.7542; Codes / S.4041; Rules)


HIGHER EDUCATION

Medgar Evers College Capital Funding Includes in the budget for SFY 2009-2010 provisions that require the state to completely fund capital projects at Medgar Evers College, after nearly 15 years in which the state has only partially funded critical improvements at the school. (A.153-C / S.53-C; Chapter 53)

TAP Program Restored Helps middle class New Yorkers by restoring in SYF 2009-2010 budget $49.9 million in proposed cuts to the Tuition Assistance Program. It also provides $3.9 billion in funding for the SUNY and CUNY systems to ensure that middle class New Yorkers have access to a quality public education during the economic recession. (A.153-C / S.53-C; Chapter 53)

TAP Change in Circumstance Allows student recipients of the tuition assistance program (TAP) to make mid-year adjustments to reflect a change in financial status of the student, the student's spouse or the student's parents under certain circumstances. These circumstances include: catastrophic illness, permanent or total physical or mental disability, death, a call to active military duty, divorce or separation. (A.8864 / S.6074; Veto 24)

TAP for Independent Students Increases TAP awards for students who are considered independent due to unusual and exceptional family circumstances. (A.2713; Passed Assembly / S.2295; Rules)


HOUSING

Preserving Mitchell-Lama Housing Preserves more than 5,800 apartment units in the Starrett City residential complex in Brooklyn by allowing the complex's owners to refinance the project and provide funds for repairs and capital improvements, including $40 million for replacement of apartment unit appliances, damaged tiles and substandard windows. (A.8838 / S.5877; Chapter 199)

Rent Increase Cap Limits the amount a landlord could increase the rent on a vacated, rent-regulated apartment from 20 percent to 10 percent, which would help to preserve the availability of thousands of affordable housing units. (A.1686; Passed Assembly)

Rent Increases Linked to Inflation Rate Corrects flawed rent regulation provision by adjusting the income decontrol thresholds to more accurately reflect economic realities. It also would tie future increases to the rate of inflation in the New York Metropolitan area, where housing costs are among the highest in the nation. (A.860; Passed Assembly / S.5432; Housing, Construction and Community Development)

Section 8 Housing Requires that former federal Section 8 properties in New York City automatically be subject to rent regulation. (A.1687; Passed Assembly / S.2494; Housing Construction and Community Development)

Landlord Rental Unit Recovery Limits a landlord's ability to recover an apartment for personal use to one unit. The measure also includes stringent guidelines preventing a landlord from recovering an apartment rented by a long-term tenant or senior. (A.1685; Passed Assembly / S.2642-A; Rules)

Affordable Housing Preservation Repeals the Urstadt Law to empower the City of New York to protect its housing stock by enacting rent regulation laws that are stricter than those of the state. (A.1688; Passed Assembly / S.749; Cities)

Safeguards for Mitchell-Lama Housing Protects tenants in Mitchell-Lama Housing from paying sharply increased rents when the owners of these properties withdraw from the program. The bill would require rents to stay the same when these apartments are subjected to rent-stabilization guidelines. (A.857; Passed Assembly / S.1863; Housing, Construction and Community Development)

MCI Reform Extends the length of time over which major capital improvement (MCI) expenses may be recovered by landlords. (A.1928; Passed Assembly / S.745-A; Housing, Construction and Community Development).

Crackdown on Abusive Landlords Toughens civil penalties against landlords who violate the Division of Housing and Community Renewal rent-regulated housing codes. The measure aims to protect tenants from being forced out of their apartments by landlord harassment. (A.2002; Passed Assembly /S.2493; Housing, Construction and Community Development).

Excessive Rent Increase Shield Protects tenants with preferential rental agreements from rent increases upon the renewal of a lease. (A.465; Passed Assembly / S.2251; Rules)

Vacancy Decontrol Repeals the vacancy decontrol provisions of rent negotiation laws. This bill would prevent thousands of housing units from leaving the protections of rent regulation and would help ensure the continued availability of affordable housing to New Yorkers. (A.2005; Passed Assembly / S. 2237-A; Housing, Construction and Community Development)

Individual Apartment Improvements Changes the monthly amount by which a landlord may permanently increase the rent for an individual apartment improvement to 1/84th the cost of the project. It also would establish reporting provisions that would require the landlord to notify a tenant of the details related to any individual apartment's improvements. (A.5316-A; Passed Assembly / S.5296; Rules)

Increased Loft Coverage Expands the definition of loft apartments to include units that are occupied for a period of 12 months. This would extend protections and rights to renters who are living in converted commercial buildings. (A.5667-A; Passed Assembly / S.5881; Rules)

Expansion of Loft Law Enacts multiple provisions to enhance current regulations and provide additional oversight of loft apartments. This bill would grant tenants in loft apartments greater rights and would strengthen enforcement mechanisms. (A.6368; Passed Assembly)

Interruption of Services Prohibits landlords of lost dwellings from interrupting or discontinuing any services that have been traditionally provided to tenants. (A.6940; Passed Assembly)

Notification of Deregulation Requires landlords to provide tenants written notice if the unit they have moved into was deregulated due to vacancy decontrol. Furthermore, the bill would extend the statute of limitations on challenging an apartment's decontrol if the landlord fails to notify the tenant. (A.7598; Passed Assembly / S.5851; Rules)

Main Street Establishes the Main Street program, which is designed to revitalize economically depressed areas of municipalities throughout the state. It also would provide affordable housing to low-and middle-income residents. (A.7967-A; Passed Assembly / S.6017; Rules)

Municipal Loan Repayment Allows municipalities to issue loans for the renovation and repair of buildings with longer repayment periods. This would provide additional financing to owners and improved housing accommodations for tenants. (A.8842 / S.5892; Chapter 408)

Housing Development Corporation Extends the authority of the New York City Housing Development Corporation to engage in activities that provide financing to low- and middle-income residents. (A.7087-A / S.2865-A; Chapter 76)

Court Administrators Extends the authority of New York City Civil Court to appoint administrators to oversee abandoned and neglected property. Under the bill, the administrators work with owners to facilitate the redevelopment of rundown buildings. (A.7247-A / S.2871-A; Chapter 265)


INSURANCE

Permanent Timothy's Law Makes mental health parity law, referred to as Timothy's Law, permanent, repealing the law's sunset provision that was established in 2007. (A.8611; Passed Assembly / S.5672; Chapter 181)

COBRA Subsidies Ensures workers who have been laid off from small businesses have access to COBRA premium subsidies offered through the American Recovery and Reinvestment Act of 2009. (A.6740 / S.3068; Chapter 7)

COBRA Extension Extends the amount of time that an unemployed worker is eligible for COBRA from 18 months to 36 months. (A.8400 / S.5471; Chapter 236)

Managed Care Reform Enhances consumer and medical provider protections. The bill imposes limitations on denials of claims for health care services and strengthens the rights of providers to challenge an insurance plan's over payment recovery efforts for services previously authorized. The measure also would outline grievance procedures, specialty care, transitional services and improve access to treatments for rare diseases. (A.8402 / S.5472-A; Chapter 237)

Health Insurance Coverage Up to Age 29 Extends opportunities for dependent children up to age 29 to access health insurance coverage through their parent's employer sponsored plan. (A. 9038 /S.630; Chapter 240)


JUDICIARY

Tenant Eviction Notification Extends the notice period tenants must receive during eviction proceedings. The bill would exclude weekends and holidays from a 72-hour period for stays of warrants of evictions, which extends the response time tenants have to challenge evictions. (A.1132 / S.2350; Chapter 256)

Payment Protections for Subcontractors and Materialmen Prohibits contract clauses known as the "exhaustion of remedies." The bill would ensure that building contracts not require subcontractors and material men to exhaust all their remedies before they can file a claim or legal action on a payment bond. (A.2369 / S.800; Chapter 224)

Tenant Security Deposit Recovery Empowers the attorney general to investigate proceedings related to tenant security deposits. The measure requires tenant security money to be held in trust, and it authorizes a court to award the attorney general legal costs of up to $2,000 for each named respondent in proceedings involving security deposits. (A.2500 / S.2461; Chapter 225)

Child Support Agreements for Out-of-Wedlock Children Permits only court approved written agreements or compromises for child support between the recognized father and a mother or person on behalf of the child. (A.2578 / S. 2975; Chapter 32)

Marital Property Expansion Includes the loss of health-insurance coverage in the determination of the equitable distribution of marital property and the awarding of maintenance. (A.7570 / S.4533; Chapter 229)

Permits Same-Sex Marriages Grants same-sex couples the same legal ability to enter into civil marriages as opposite-sex couples and provides that no member of the clergy may be compelled to perform any marriage ceremony. (A.7732; Passed Assembly / S. 4401; Judiciary)

Recourse Against Unscrupulous Debt Collectors Provides consumers with a private right of legal action to seek damages from a collection agency when there is evidence of a violation of the state's debt collection law. (A.3532-A; Passed Assembly / S.2458; Rules)

Child Support Standards Updated Changes the child support guidelines by increasing the combined parental income amount used to determine the level of child support. (A.8888; Passed Assembly / S.3879-A; Chapter 343)

Value of Estate Increased for Surviving Family Members Increases the value of estate assets which are reserved for the benefit of the immediate family of a decedent so that such assets do not otherwise get distributed. (A.8969; Passed Assembly)

Child Support to Include Value of Health Insurance Enhances the child support law and clarifies when parents are required to insure their children for medical costs if such medical insurance is reasonably affordable and accessible. (A.8977 / S.4214-B; Chapter 215)

Child Custody for Military Families Classifies a military service member's return from overseas duty as a "change in circumstances" under the Family Court Act. This provides returning soldiers the legal standing to seek a modification of a prior child custody order, providing a legal mechanism to allow soldiers to reintegrate themselves into the lives of their children. (A.8789/S.6037; Chapter 473)

Provides Greater Protection to Victims of Domestic Violence Requires that lawyers who specialize in the representation of children receive training in domestic violence. The bill requires the court to state on the record whether domestic violence and child abuse factored into their award of custody or visitation. The measure also would permit certain low-level criminal convictions involving acts of domestic violence, which would otherwise be sealed, be made available to law enforcement. (A.9017 / S.5031-A; Passed both house)

Expands Foreclosure Protections Increases the scope of pre-foreclosure settlement conferences and the type of homeowners who can avail themselves of these conferences. The bill provides additional protections to tenants who reside in properties in the process of foreclosure. The legislation also increases protections to residential homeowners who are defendants in foreclosure proceedings. (A.8917; Passed Assembly / S.5931-A; Rules)


LABOR

Unemployment Benefits Extension Provides an additional 13 weeks of unemployment compensation. The measure uses $645 million in federal grant money designated for assisting the unemployed, potentially providing the state's residents who are without work with a total of 79 weeks of unemployment benefits. (A.8273 / S.4110-A; Chapter 35)

Domestic Violence Leave Requires employers to authorize a period of time off of up to 90 days within one year to victims of domestic violence. The measure aims to provide victims with a reasonable amount of time to address the myriad of issues caused by the violence without fear of losing their job or benefits. (A.438-B; Passed Assembly / S.5610; Labor)

Prison Labor Banned from State Contracts Mandates that every procurement contract entered into by a state agency will contain a statement and proof from the vendor that no foreign made materials, equipment or products were produced by forced labor. (A.470; Passed Assembly)

Electronic Monitoring Notification Requires employers to notify all employees at the time of hiring and once per year thereafter of the kinds of electronic monitoring that may occur while on the job. (A.3871-A; Passed Assembly / S.4755; Rules)

Fair Pay Act Establishes the New York State Fair Pay Act which seeks to ensure that 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 their job titles. (A.3911; Passed Assembly / S. 955; Finance)

Farm Workers Fair Labor Practice Act Enacts the Farm Workers Fair Labor practice act, which would grant collective bargaining rights, workers compensation and unemployment insurance benefits, as well as 24 hours of rest and over time to farm workers. (A.1867; Passed Assembly / S.2247; Rules)

Domestic Workers Provides rights and benefits to domestic workers who are otherwise excluded from such basic protections as a weekly day of rest, overtime pay, and the ability to bargain collectively. The legislation also extends disability coverage and provides protections under the anti-discrimination law while granting the Department of Labor greater ability to enforce wage and hour standards for these workers. (A.1470; Passed Assembly)


LOCAL GOVERNMENTS

Government Consolidation Enacts the New York Government Reorganization and Citizen Empowerment Act. The measure outlines the processes for local government consolidation or dissolution for certain local government entities. (A.8501 / S.5661; Chapter 74)


MENTAL HEALTH

Minority Mental Health Establishes the division of minority mental health within the Office of Mental Health. The bill would ensure that mental health programs and services are culturally and linguistically appropriate to meet the needs of racial and ethnic minorities. (A.5055 / S.4938; Veto 49)

The Children's Plan Authorizes the State Council of Children and Family Services and the nine child-serving agencies to assist the Commissioner of Mental Health in the implementation of the Children's Plan. The bill would require the council to develop progress reports among the agencies. (A.7116 / S.3146-A; Chapter 413)


SMALL BUSINESS

Environmental, Energy Technology Development Provides capital grants to encourage and support innovative energy and environmental technology development in the state. The bill would establish a competitive process for qualified small businesses to receive capital grants of up to $100,000. (A.2261; Rules / S.1636; Rules)

Affordable Utility Payment Plan Option Requires that a deferred installment payment plan be made available to small businesses for telephone service installation, initiation and nonrecurring maintenance charges. (A.2928; Passed Assembly / A.4841; Rules)

Micro Businesses Establishes the micro business outreach center for 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.3193 / S.5639; Veto 63)

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.3384; Passed Assembly)

Energy Savings Loans Establishes zero- or low-interest loans of up to $100,000 to be 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.3945; Passed Assembly)

Minority and Women Owned Business Enterprises (MWBE) Requires state agencies to post contractor utilization plans on their Web sites to verify that good faith efforts were made to achieve MWBE participation. (A.4092 / S.1787; Chapter 429)

Minority Business Development Improves the outreach efforts of the Department of Economic Development's (DED) Small Business and Minority and Women's Business Development division. (A.4097 / S.1590; Chapter 361)

MWBE State Contract Participation Establishes a procedure requiring state agencies and authorities subject to Article 15-A of the Executive Law to ensure that minority-owned and women-owned businesses have the ability to compete for state contracts. (A.4810; Passed Assembly / S.1799; Rules)

Help for MWBE Competitive Edge Provides state assistance to help MWBEs reach competitive levels that are equal to other businesses. The measure would encourage joint ventures, partnerships and mentor-protégé relationships between prime contractors and minority- and women-owned business enterprises. (A.4168; Passed Assembly / S.5927; Finance)

Entrepreneurship Assistance Centers Creates Entrepreneurship Assistance Centers to train minority, women, disabled and dislocated workers in the principles of entrepreneurship and self-employment. (A.4459; Passed Assembly)

Niche Product Manufacturing Creates a niche market assistance program to develop niche manufacturing products as well as promote economic development and job creation. The bill establishes within the Urban Development Corporation (UDC) a competitive grant program of up to $200,000 for not-for-profit corporations or the Manufacturing Extension Partnership Program. (A.4550; Passed Assembly / S.3477; Corporations, Authorities and Commissions)

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 the products of farmers. (A.4166-A; / S.3594; Veto 13)


SOCIAL SERVICES

Sexual Assault Prevention Information Requires social service districts to inform recipients of public assistance of their option to receive information about the services that are available to help victims of sexual assault. (A.3378 / S.4077; Chapter 427)

Utility Arrears Payment Period Extended Increases the amount of time for certain applicants of public assistance and Supplemental Security Income (SSI) to fulfill their utility repayment agreement with the local Social Services district for utilities in arrears from one year to two years. The bill would allow these individuals a longer repayment period to prevent utility services from being shut off while efforts are being made to make payment in full. (A.7449 / S.3638; Chapter 318)


TOURISM

"I Love New York" Establishes the more than 30 year old phrase "I Love New York" as the official state slogan. Under the bill, the state officially takes ownership for one of the world's most recognizable product brands and codifies it into law. (A.4692 / S.3424; Chapter 34)

Canal System Abandoned Property Requires the state Canal Corporation to hold a public hearing on property to be abandoned when the cost of the land exceeds $50,000. The public forum is meant to provide state residents with an opportunity to weigh in on the proposed sale of the corporation's property. (A.1114 / S. 2830; Chapter 44)

Tourism Website Promotion Requires the New York state tourism website to be displayed, in an easily readable manner, in any advertisement or public service announcement funded with state money. The measure also requires that all state funded commercials display the "I Love New York" logo. (A.8413; Passed Assembly / S.5834; Cultural Affairs, Tourism, Parks and Recreation)

Entertainment Ticket Sales Prohibits agents of operators from selling sports and entertainment tickets to secondary ticket resellers and extends the current law's ticket scalping provisions until May 15, 2010. (A.7950-D / S.3821-B; Chapter 68)

Historic Building Protection Strengthens the ability of municipalities to protect historic buildings from "demolition by neglect." The bill would authorize localities to ensure that their community's architectural and historically significant structures are properly maintained and protected from improper maintenance by a building's owner. (A.695-A / S.19801-A; Veto 28)

Carbon Emissions Reduction Creates a New York City Parks, Tree and Urban Forestry Fund. The initiative would be funded through a check-off on the city's income tax return form. Under the bill, the revenue raised would then be used by the city's parks department to purchase and plant trees and shrubs throughout the city to reduce carbon emissions, improve air quality and address concerns about global warming. (A.2769; Passed Assembly)

Tout State's Agriculture Treasures Requires farms, farmer markets and other agriculturally significant tourist destinations be promoted in the state's "I Love New York" tourism campaign. Under the bill, the Commissioner of Economic Development and Agriculture and Markets would be required to develop and distribute regional visitor guides that feature the state's agriculturally significant tourist destinations. (A.4277; Passed Assembly / S.1329; Rules)

Small Watercraft Safety Requires passengers in boating vessels of less than 20 feet during the months of November through May 1 to wear a personal floating device (PFD) at all times. The measure aims to reduce the number of drownings that have occurred in recent years as a result of small boat accidents in cold water. (A.6784 / S.3024; Chapter 115)

Auctioneer Regulations Requires auctioneers to comply with a series of regulations, including mailing checks to owners of the items auctioned within 14 days of purchase. The measure also would mandate auctioneers to provide statements that verify the truthfulness of claims made about items contained in an auction catalogue. It also would require auctioneers to provide proof of ownership for the products being auctioned. (A.1730-A; Passed Assembly / S.4313-B; Rules)

Recycling in State Parks Requires the Office of Parks, Recreation and Historic Preservation to collect discarded recyclable materials at parks, historic sites and recreational facilities. The legislation would reduce the amount of solid waste generated in these facilities and reduce the cost of garbage removal. (A.6103; Passed Assembly / S.3425; Rules)

Civil War Anniversary Commission Creates the New York State Civil War 150th Anniversary Commemoration Commission to coordinate events between 2010 and 2015 to officially commemorate the war's significant impact on our state and nation and the thousands of men and women who gave their lives for life, liberty, and the pursuit of happiness for all. The commission expires on December 31, 2015. (A.8157; Passed Assembly / S.4377; Finance)

War of 1812 Milestone Establishes the New York State War of 1812 200th Anniversary Commemoration Commission to promote the war's two century anniversary and its critical role in New York State and our nation's early history. Under the bill, the temporary commission would help in the organization and promotion of a major statewide commemoration of the war between 2012 to 2015 and would be repealed on December 31, 2015. (A.8405-C / S.5603-C; Veto 57)

State Fishing Trail Establishes the Empire State Fishing Trail program with the Department of Economic Development to further promote the state's growing reputation as one of the top fishing destinations in the nation. (A.3270; Passed Assembly / S.283; Rules)

Amateur Sports Council Creates the New York State Amateur Sports Development Advisory Council to advise the Department of Economic Development on the promotion of amateur sports and the economic benefit of linking such events to the state's tourism promotions. (A.6090; Passed Assembly)


TRANSPORTATION

Transportation Funding Maintains funding in the SFY 2009-2010 budget for crucial transportation priorities and infrastructure projects. The measure also includes a $20 million restoration in Transit Aid to reduce cuts to all Upstate and non-MTA Downstate transit systems; $363.1 million to the Consolidated Local Street and Highway Improvement Program (CHIPS), which assists localities in the financing of local highway and bridge projects; including $39.7 million for the Marchiselli Program, also known as the Municipal Streets and Highway Program, to provide municipalities with state funds to draw down federal matching grants for local highway and bridge projects; and $61.8 million in snow and ice removal and preventive maintenance.

Additionally, more than $4.74 billion in federal stimulus money was made available for various shovel-ready transportation projects across the state. (A.159-B / S.59; Chapter 59)

Driver Safety Prohibits the use of a portable electronic device while operating a motor vehicle. The legislation also strengthens the state's graduated driver's license law with a series of measures that include reducing the number of non-family passengers under the age of 21 who can travel with a junior driver from two to one and increasing the hours of driving practice for holders of Junior Learners' permits from 20 to 50 hours, with 15 of the hours occurring after sunset. (A.8568-B / S.3619-A; Chapter 403)

Seat Belt Use in Back Seats Prohibits any person from riding in the rear seat of a motor vehicle unless the individual is properly restrained by a seat belt. (A.225-A; Passed Assembly / S.1169-B; Rules)

Booster Seat Use Increases the age of passengers who are required to be restrained in an appropriate child restraint system from six to seven years old. (A.8612-A / S.3623-A; Chapter 405)

Children to Ride in Back Seats Prohibits the operation of a motor vehicle with any passengers under the age of seven seated in the front seat. Under the bill, there are several exceptions, including for medical reasons, a lack of rear seats, and when a child safety seat or booster seat can not be properly installed in the rear seats. (A.4181; Passed Assembly / S.2238; Transportation)

School Bus Safety Provides for the creation of a "School Bus Motorist Education Program" to educate motorists of the dangers of passing a stopped school bus and also establishes a "School Bus Motorist Education Fund" to offset the costs of this program. (A.4054; Passed Assembly / S.1244; Rules)

Leaving the Scene of a Boating Accident Increases penalties for leaving the scene of a boating accident. (A.2262-A / S.1610-A; Chapter 297)

Unsolicited Ground Transportation Services at Airports Increases penalties for unlawful solicitation of ground transportation services at an airport. (A.4552-A; Passed Assembly / S.5643; Rules)

Bicycle Safety Requires bicycles that are in use during time period of one-half hour after sunset to one-half hour before sunrise, to be equipped with a red or amber rear reflector to increase visibility in low light conditions. (A.669 / S.2250; Chapter 16)

Commercial Drivers' Licenses Permits the operation of police, fire and emergency medical vehicles by individuals whose drivers' licenses are not Commercial Drivers' Licenses (CDL) while performing their emergency responsibilities and other official duties or activities. The federal law which requires CDLs also allows states to grant certain exemptions. (A.6051-A / S.1624-C; Chapter 36)

New York City Red Light Cameras Authorizes the City of New York to equip an additional 50 intersections with photo violation-monitoring devices for red light violations, thereby increasing the total number of red light camera intersections in the city to 150. The bill also extends the city's red light camera demonstration program for an additional five years, until December 1, 2014. (A.7328 / S.3750; Chapter 18)

Nassau County Red Light Cameras Authorizes Nassau County to equip up to 50 intersections with photo violation-monitoring devices and impose monetary liability on vehicle owners for red light violations during a demonstration period of five years, until December 1, 2014. (A.7329 / S.3749; Chapter 19)

Yonkers Red Light Cameras Authorizes the City of Yonkers to equip up to 25 intersections with photo violation-monitoring devices and impose monetary liability on vehicle owners for red light violations during a demonstration period of five years, until December 1, 2014. (A.7330 / S.3745; Chapter 20)

Buffalo Red Light Cameras Authorizes the City of Buffalo to equip up to 50 intersections with photo violation-monitoring devices and impose a monetary liability on vehicle owners for red light violations during a demonstration period of five years, until December 1, 2014. (A.7331/ S.3747; Chapter 21)

Rochester Red Light Cameras Authorizes the City of Rochester to equip up to 50 intersections with photo violation-monitoring devices and impose monetary liability on vehicle owners for red light violations during a demonstration period of five years, until December 1, 2014. (A.7332 / S.3746; Chapter 22)

Suffolk County Red Light Cameras Authorizes Suffolk County to equip up to 50 intersections with photo violation-monitoring devices and impose monetary liability on vehicle owners for red light violations during a demonstration period of five years, until December 1, 2014. (A.7333 / S.3748; Chapter 23)

Syracuse Red Light Cameras Authorizes the City of Syracuse to equip up to 25 intersections with photo violation-monitoring devices and impose monetary liability on vehicle owners for red light violations during a demonstration period of five years, until December 1, 2014. (A.7420-A / S.3182-A; Chapter 383)


VETERANS

Veterans Speaker Education Program Requires the Division of Veterans' Affairs, working with the New York State Military Museum and Veterans Resource Center, to compile a pamphlet, for distribution to school districts, of veterans willing to discuss their military experience. The brochure would be available to schools throughout the state. (A.1532-A; Passed Assembly / S.2825-A; Veterans, Homeland Security and Military Affairs)

Veteran Real Property Tax Break Provides a real property tax exemption to individuals certified to receive a U.S. Department of Veterans Affairs disability pension. (A.2239 / S.2440; Chapter 353)

Veteran School Tax Exemption Expands the veterans' alternative real property tax exemption so that it can also apply to taxes levied by school districts. (A.5371; Passed Assembly / S.1525; Veterans, Homeland Security and Military Affairs)

Cold War Commendation Authorizes a state Cold War Certificate to the men and women who served honorably during the Cold War from September 2, 1945 to December 26, 1991. (A.6456-A; Passed Assembly)

Cold War Veteran Exemption Increases the real property tax exemption for Cold War veterans. Under the bill, each municipality may adopt local laws to provide such exemptions and the exemption may include cooperative apartments and property held in trust for the benefit of a veteran. (A.7422-A / S.4766; Chapter 235)

Veteran Businesses Requires the Division of Veterans' Affairs, in consultation with the New York State Small Business Development Center and the Office of Entrepreneurial Education, to prepare a pamphlet explaining how to start a veteran-owned small business and describe procurement opportunities within the state. (A.7093-A; Passed Assembly / S.4431-A; Veterans, Homeland Security and Military Affairs)

Disabled Veterans Establishes an Interagency Coordinating Council for service-disabled veterans. The measure would ensure that veterans, with disabilities related to the injuries they suffered while serving in the armed forces, have access to coordinated and specialized services from multiple state and local agencies. (A.8296; Passed Assembly)