2011 NYS Assembly Significant Legislation
AGING
Missing Vulnerable Adults Clearinghouse Establishes the Missing Vulnerable Adults Clearinghouse. The bill would provide for the planning and implementation of an alert system to aid in the recovery of missing vulnerable adults who have cognitive impairments. (A.676-B / S.3293-B; Chapter 222)
AGRICULTURE
Pet Dealer License Inspections Mandates an administrative hearing be held to examine the operations of a licensed pet dealer when the dealer fails three consecutive inspections or fails three inspections within a three year period. The bill also permits the commissioner of Agriculture and Markets to take additional actions against such dealers. (A.77-A; Passed Assembly / S.3479-A; Agriculture)
Care for Abused Animals Requires that within a reasonable time following a seizure of an animal for certain animal cruelty and animal fighting offenses, a hearing must be held to determine if the animal owner should be required to reimburse the organizations caring for such animals. (A.259; Passed Assembly / S.3806; Rules)
NYS Farm Grown Products Finances the transportation and distribution of New York State farm grown products to food service markets, especially in underserved communities. (A.1389-A / S.614-B; Chapter 454)
Frozen Wine Desserts Allows the sale of frozen dessert products made with wine. Current law permits the sale of ice cream that includes wine as one of its ingredients. (A.2888-A / S.4054-A; Chapter 42)
Animal Fighting Spectators Crackdown Makes it a misdemeanor to knowingly be a spectator at an animal fighting event. Under the bill, violators could face up to three months in jail and a $500 fine, and a second conviction could be up to a year in jail and a $1,000 fine. (A.4407-A / S.3237-A; Chapter 332)
Agriculture District Notification to Property Buyers Requires the prospective purchasers of real property within 500 feet of an agricultural district to be notified that farming activities occurs on nearby properties. (A.5825; Passed Assembly / S.4958; Agriculture)
Promotes Animal Adoption Makes technical changes to Chapter 479 of the laws of 2010, which permits animal shelters to release their animals to the care of other shelters to aid the process of pet adoptions. (A.6373-A / S.3911-A; Chapter 83)
Consumer Food Scales Replaces an outdated provision that required computing scales to be placed every 30 feet in retail stores with a provision that requires these scales to be placed in an easily accessible area. Under the bill, a conspicuous sign reading "For customer use" must be displayed on or near each scale. (A.6423 / S.4080; Chapter 43)
Animal Cage Box Dryers Prohibits the use of cage box dryers while heating elements are turned on in animal grooming facilities in order to prevent injury or death to animals. The legislation addresses the alarming reports of animals being injured or killed in incidents involving these devices where the animals were left unattended or the grooming unit malfunctioned. Under the bill, violators would face fines of not less than $250 and an up to $500 for each violation. (A.7502-A; Passed Assembly / S.5702; Rules)
Establish Farm and Food Council Creates the Strategic Farm and Food Product Development Council for the purpose of identifying food products that might be in demand, products that might benefit producers, and promote beneficial business relationships among farmers, processors, wholesalers, and state institutions. Under the bill, the council also would identify available support and funding resources and make such information available to the public. (A.8104; Passed Assembly)
ALCOHOLISM AND DRUG ABUSE
Patient Rights Notification Requires that patients, who are undergoing treatment for chemical dependency be informed of their rights and the essential protections they are entitled to under the law. Some of these rights and protections include: being fully informed of their proposed treatment, including its adverse affects; having confidentiality in treatment and access to personal and treatment records; reporting grievances regarding services to any staff of the facility; and the right to civil and religious liberties. (A.48; Passed Assembly / S.4447; Finance)
Care for Women Suffering from Alcoholism Requires the Office of Alcoholism and Substance Abuse Services (OASAS), in consultation with the Department of Health (DOH), to provide and publish educational materials for health care providers regarding screening, assessment, and diagnosis of women for alcoholism and chemical dependency. (A.1078 / S.3279; Chapter 265)
Enhanced Expertise of OASAS Board Increases representation on the Office of Alcoholism and Substance Abuse Services (OASAS) Advisory Council to include representatives of dual diagnosis programs and consumers who have received services from such a program. (A.2059 / S.3251; Veto 53)
Youth Substance Abuse renames the "Advisory Council on Underage Alcohol Consumption" to the "Advisory Council on Underage Alcohol Consumption and Youth Substance Abuse." The bill would expand the council's focus to more effectively respond to the national trend of increased drug abuse among 12 year olds and older. (A.6815 / S.4846; Chapter 283)
Expansion of SBIRT Expands the Screening, Brief Intervention and Referral to Treatment (SBIRT) program beyond hospital emergency rooms to primary health care settings, and requires the Office of Alcoholism and Substance Abuse Services (OASAS) to develop SBIRT training materials for health care providers and qualified health professionals. (A.7804; Passed Assembly)
BANKS
Protect Consumers from Unscrupulous Contractors Prohibits home improvement contractors from acting on behalf of mortgage brokers in order to protect consumers from deceptive business practices. (A.1913-A / S.4038-B; Delivered to governor)
Banking Development District Continued Extends the banking development district program for an additional five-year period, from January 1, 2012 to January 1, 2017, to ensure the availability of commercial banking services in the state's underserved communities. (A.8103-A / S.5478; Chapter 484)
Banking Information Availability Eliminates the references to credit rating agencies and replaces them with standards of creditworthiness which are to be established by the superintendent of the newly established Department of Financial Services. The measure also would preserve and strengthen the state charter by continuing to allow state chartered banks to engage in derivatives transactions and require that the credit risk from these transactions be taken into consideration with regard to lending limits. The bill would bring New York State into compliance with the federal Dodd-Frank Wall Street Reform and Consumer Protection Act. (A.8105 / S.5464; Chapter 182)
CHILDREN AND FAMILIES
Court Treatment of Impoverished Children Establishes a court procedure for the protection of destitute children to ensure they are receiving appropriate care, supervision and services. (A.7836 / S.5694-A; Delivered to Governor)
Protections for Developmentally Disabled Adults Requires adult protective services workers to consult with a supervisor about whether to seek a court order when denied access to an alleged victim during an investigation and to document the reasons for the determination. The legislation also would provide social services officials with access to reports in the Statewide Central Register of Child Abuse and Maltreatment if they may be related to the investigation of a person alleged to be in need of protective services.
These bills are in response to the death of Laura Cummings, a 23 year old developmentally disabled woman in Buffalo who died in the custody of caregivers in January 2010. (A.7633 / S.5470; Chapter 440) (A.5458 / S.5471; Chapter 412)
Family Assessment Response Program Makes permanent the Family Assessment Response Program (FAR), which provides an alternative, services oriented, approach to traditional child protective services investigations in non-safety related cases. The bill also would permit the program to be implemented statewide. (A.6823 / S. 4504; Chapter 45)
Camp Directors, Mandatory Reporters of Child Abuse Expands the law that designates mandated reporters of child abuse to include camp directors. Under the bill, camp directors would be provided immunity for criminal and civil liability for good faith reporting of suspected child abuse or maltreatment. (A.5519 / S.3777-A; Chapter 91)
CITIES
Water Bill Exemptions Extends full or partial exemptions on water bills for charitable organizations in New York City until September 1, 2012. Under the legislation, full exemptions apply to water bill amounts of up to $28,103.18 and bills up to $56,195.58 receive a 50 percent exemption.
Not-for-profits and other charitable groups are eligible for the exemption, including hospitals, women's shelters, day care centers, public baths, religious sites used exclusively for public worship, social settlements and certain non-public schools. (A.7109 / S.4778; Chapter 75)
NYC Taxi Cab Plan Implements a taxi cab plan to better serve New York City's five boroughs. The bill would expand the number of taxis available to the city's residents by permitting the sale of up to 1,500 additional taxi medallions starting July 1, 2012.
The measure authorizes up to 30,000 for-hire hail privilege vehicle permits and sets the maximum number of for-hire hail privilege base station permits at 450 to allow street hail pick-ups in areas underserved by medallion taxis. It also establishes a task force to determine areas that are underserved by medallion taxis and to identify those areas where hail privilege vehicle permit holders will be able to accept street hails. (A.8496 / S.5825; Chapter 602)
CODES
Order of Protections Expanded Clarifies the law so that when an order of protection is issued in relation to a family offense, its duration extends from the time of sentencing and not the date of conviction. (A.88 / S.1248; Chapter 9)
Unauthorized Radio Transmission Creates the crime of unauthorized radio transmission. The bill prohibits knowingly and without authorization making a radio transmission on radio frequencies that are assigned and licensed by the Federal Communications Commission for use by AM and FM radio stations. (A.326-B / S.5739-A; Chapter 361)
Assault on a Judge Establishes the crime of assault on a judge and increases the penalties for individuals who attack a member of the judiciary. (A.409-D / S.2143-D; Chapter 148)
Peace Officer Status Confers peace officer status on certain security officers, criminal investigators and police officers of the Federal Protective Service of the U.S. Department of Homeland Security. (A.478-A / S.541-A; Chapter 407)
Personal Health Care Information Privacy Act Restricts interviews of the other party's treating physicians or health care providers in personal injury, medical, dental, podiatric malpractice or wrongful death actions. (A.694-A; Passed Assembly / S.3296-A; Rules)
Prohibition on Firearm Possession for Domestic Violence Offenders Establishes a process for determining whether a misdemeanor offense was a domestic violence offense committed against a family member in order to identify persons prohibited from possessing a firearm under federal law. (A.698-D / S.4244-C; Chapter 258)
Increased Penalty for Sex Offenders Increases the penalty for sexual contact with a person under 13 by a person over 21 as sexual abuse in the first degree, a class D felony. (A.788 / S.1882; Chapter 26)
Microstamping Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition. Microstamping utilizes 21st century laser printing to imprint a distinctive marking on bullet casings to allow law enforcement to more quickly and efficiently solve crimes. (A.1157-A; Passed Assembly / S.675-A; Codes)
Aggravated Family Offense Establishes the felony crime of aggravated family offense when a person has committed a specified domestic violence misdemeanor offense and has been convicted of one or more of these crimes within the past five years. (A.1986-B; Passed Assembly / S.5822; Rules)
Drug Overdose Evidence Limitations Provides limitations on the use of evidence in a criminal prosecution that was obtained in connection with a person who was acting in good faith in seeking or receiving health care for a drug overdose. (A.2063-C / A.4454-B; Chapter 154)
Increased Penalty for Prostitution in School Zone Increases the criminal penalty from an A misdemeanor to an E felony for acts of prostitution and promoting prostitution occurring in a school zone. (A.2264-B / S.1313-B; Chapter 191)
Racial Profiling Prohibits law enforcement officers from using racial profiling. The legislation requires police departments to collect and maintain records related to traffic stops and "stop and frisk" actions and requires law enforcement agencies to submit the information to the Division of Criminal Justice Services. The measure permits victims of racial or ethnic profiling to seek recourse in the courts. (A.2288; Passed Assembly)
Class Certification Denial Prohibits a court from denying certification to a class action lawsuit solely because the action involves governmental operations. (A.2334; Passed Assembly / S.5327; Judiciary)
Police Training Directs the Municipal Police Training Council to establish policies and procedures to guide police officers investigating sex offenses. (A.2349-A / S.4895; Chapter 506)
Limited Liability Exemption Exempts parties liable for failure to obey or enforce certain child protective, domestic relations, or domestic violence orders of protection or temporary orders of protection from limited liability provisions. (A.2350; Passed Assembly)
Firearm Ownership Inquiry Requires the judge in a criminal or family court proceeding, upon issuance of an order of protection, to inquire as to the ownership of a firearm by the defendant or respondent. (A.2494-B; Passed Assembly / S.1003-A; Rules)
Gambling Definition Clarifies the definition of gambling to make clear that coin-operated amusement machines that provide an extra ball, time or game does not constitute "something of value" and is not "gambling." (A.2982 / S.2476; Chapter 8)
Revocation of Firearms Licenses Empowers courts to revoke firearms and licenses and seize weapons from those whom a judge has determined are incapacitated or are ordered for treatment at a mental health facility. (A.3081; Passed Assembly / S.670; Mental Health)
Assistance for Victims of False Financial Claims Assists individuals who have been victimized by false financial claims. The bill would require the courts to provide a certificate of conviction as proof that a person was a victim of a fraudulent financial statement. (A.3457; Passed Assembly)
Undetectable Knives Prohibits the manufacture, transport, shipment or possession of an undetectable knife. (A.3622-A; Passed Assembly)
Serious Offense Definition Expands the definition of "serious offense" to include certain domestic violence offenses and prohibit persons convicted of such offenses from possessing a firearm. (A.4488-A; Passed Assembly)
Obstruction of Governmental Duties Establishes the offense of obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance, a class D felony, which is punishable by up to seven years in prison. (A.4835-B / S.2510-B; Chapter 327)
Voluntary Discontinuance Extends the time period in which a voluntary discontinuance of a civil action may be obtained without the need for a court order or stipulation of settlement. The bill would provide flexibility to parties who may want to settle claims early in the litigation process or before the lawsuit actually begins. (A.4836; Passed Assembly / S.2535; Judiciary)
Prohibition on Sale of Salvia Divinorum Prohibits the sale of salvia divinorum to persons under 18 years of age. (A.5491; Passed Assembly)
Prohibits Smoking on Train Platforms Prohibits smoking in outdoor areas of ticketing, boarding, waiting or platform areas of railroad stations operated by the Metropolitan Transportation Authority. (A.5516-C / S.3461-C; Chapter 389)
DNA Omnibus Establishes statewide standards for the preservation and cataloguing of DNA evidence. The legislation 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 bill also would establish the Integrity of the Criminal Justice System Commission to study the errors made in wrongful conviction cases and mandate the videotaping of custodial interrogations conducted in police stations for felony cases. The measure also would require that all persons convicted of a penal law misdemeanor provide a DNA sample. (A.5886; Passed Assembly / S.4224-A; Rules)
Human Trafficking Interagency Task Force Extends the Interagency Task Force on Human Trafficking for two years. (A.6800 / S.4089; Chapter 24)
Judgment Creditor Records Requires judgment creditors that serve 50 or more information subpoenas per month to maintain records specifying the grounds by which they have determined that the person being served has information about the debtor. (A.6875-A / S.4530-B; Chapter 342)
Secured Bail Bonds Amends the Criminal Procedure Law to add a further, more streamlined, way to determine the value of real property used in a secured bail bond. (A.7388 / S.3947; Chapter 305)
Review of Order of Recognizance Authorizes a court to review an order of recognizance issued if a felony complaint is not disposed or a probable cause hearing is not started within a certain period of time. (A.7464 / S.4469; Chapter 565)
Issuance of Trial Subpoena Duces Tecum Clarifies that, in the absence of a patient's authorization, a trial subpoena duces tecum seeking the production of medical records may only be issued by a court and not an attorney. (A.7465-A / S.4586-A; Chapter 307)
Restitution for Unauthorized Recordings Upgrades state piracy laws to include new recording technologies, and allows trade associations representing the recording industry to be considered victims for the purposes of restitution. (A.7811-B / S.4886-B; Chapter 313)
Promoting Prostitution Clarifies that a person who distributes obscene material for the purpose of advancing or profiting from prostitution can be prosecuted for promoting prostitution. (A.8026 / S.5623; Chapter 215)
Posting of Cash Bail Provides the legal definition and requirements for charitable bail organizations that are organized for the purpose of posting cash bail for poor persons. (A.8158-A / S.5734-A; Veto 84)
Sexting Diversion Program for Juveniles Creates an educational reform program and a diversionary program for certain juveniles who are in criminal court or family court for sending explicit text messages. (A.8170-B / S5253-B; Chapter 535)
Income Tax Related Crimes Closes a loophole in the statutory "double jeopardy" provisions of Criminal Procedure Law for state and New York City income tax-related crimes. (A.8247-A / S.5776; Chapter 186)
Criminal Background Information Directs the Department of Corrections and Community Supervision to publish a brochure on resources for the public to gather criminal background information. (A.8296; Passed Assembly / S.5735; Rules)
Criminal Liability of Correctional Facility Employees Expands the definition of "employee" for the purposes of imposing criminal liability on employees of correctional facilities that have sexual relations with an inmate. (A.8449 / S.5455-B; Chapter 205)
Possession of Certain Shotguns and Rifles Provides that certain persons, including convicted felons, may not possess antique firearms, black powder firearms or muzzle loading firearms. (A.8456-A / S.5658; Chapter 357)
Sale of Sparklers Modernizes and clarifies state law to more accurately define dangerous and prohibited fireworks. The bill would permit cities with a population of less than one million, the sale and possession of sparkling devices that are non-explosive, non-aerial and contain small amounts of pyrotechnic material. The measure also would increase penalties for selling sparklers and illegal fireworks to minors. (A.4362-C / S.4529-D; Veto 59)
CONSUMER AFFAIRS
Cramming Restrictions Prohibits the practice of "cramming," which adds charges on a telephone bill by a third party without a consumer's informed consent. (A.3224-B; Passed Assembly)
CORPORATIONS
Benefit Corporations (B-Corporations) Creates a new corporate form known as a Benefit Corporation that would allow corporate directors and officers to consider other factors besides profit-maximization when running the corporation, without violating their fiduciary duty. The measure also would provide more transparency and accountability for socially conscious investors or entrepreneurs who wish to make sure their investments are used to promote their moral and ethical standards. (A.4692-A / S.79-A; Passed both houses)
Long Island Power Authority (LIPA) Requires LIPA to notify the Public Service Commission (PSC) of any proposal for a rate increase exceeding 2.5 percent over a 12-month period. The measure also would require the PSC to be notified when there is an extension or re-establishment of any portion of a temporary rate increase over 2.5 percent. (A.3614 / S.2581; Delivered to Governor)
Syracuse Regional Airport Authority Establishes the Syracuse Regional Airport Authority to operate and maintain the Syracuse Hancock International Airport in Onondaga County. (A.2166-A / S.3250-A; Chapter 463)
Non-Voting MTA Board Membership Extends until 2016 the participation of two non-voting members on the MTA Board that represent the users of the transit system, and the labor organization representing the majority of MTA employees. (A.7898 / S.5415-A; Chapter 576)
State Authority Bonuses Prohibits state authorities from providing certain paid bonuses/compensation to employees of state authorities, except those under a negotiated contract. (A.353-C; Passed Assembly / S.519-C; Rules)
Public Service Commission Reinstates the PSC's fundamental statutory duty to oversee and assure that just and reasonable rates are charged by power producers. The bill would require corporations, without exception, to file annual reports with the PSC. (A.7306; Passed Assembly / S.5514; Energy and Telecommunications)
Debt Limitation Recommendations for State Authorities Directs the Authorities Budget Office to issue a report with recommendations to the Legislature and governor on setting debt limitations for all authorities without statutorily required debt limits. (A.6310-A; Passed Assembly / S.1395-A; Finance)
CORRECTIONS
Juvenile Offenders Compact Establishes New York State's membership in the Interstate Compact for Juveniles (ICJ), which oversees, supervises and coordinates the interstate movement of juvenile delinquents, non-adjudicated juveniles and runaways. The bill also ensures that basic due process protections are provided to children detained under the compact. (A.55 / S.2551-A; Chapter 29)
Sex Offender Verification Establishes procedures in the event a sex offender fails to mail a signed verification within 20 calendar days of receiving the document from the Division of Criminal Justice Services. (A.424 / S.2595; Veto 88)
Payment of Parole Fees Terminates the current practice of requiring parole officers to collect supervision fees from parolees. To better address parole officer safety and enhance the supervision of parolees, the bill would require that such payments be collected at a central location. (A.1363-B / S.296-B; Memo 82)
Sex Offender Registry Information Requires the type and length of supervision for sex offenders be disclosed on the sex offender registry. (A.2565 / S.4146; Chapter 507)
Sex Offender Employment Information Requires level 2 sex offenders to register their employment address and updates the manner in which Department of Criminal Justice Services (DCJS) makes the electronic directory of offenders available to law enforcement. (A.7950 / S.5775; Chapter 532)
Corrections Report Requires the Department of Corrections DOCS to issue an annual report on the capacity and staffing of state correctional facilities. (A.3582 / S.2765; Veto 34)
Unlawful Surveillance Crime Provides that persons convicted of attempted unlawful surveillance must register as a sex offender with the state. The measure also authorizes local law enforcement agencies to provide communities with vulnerable populations with the exact address of a Level 2 sex offender. (A.5661 / S.1521; Chapter 513)
Local Jails Authority to House Inmates from Other States Authorizes local correctional facilities to enter into agreements to house out of state inmates. The bill permits New York State municipalities to enter into contractual agreements for the boarding-in of certain inmates from local correctional facilities outside of New York State. (A.8238 / S.4946-A; Chapter 573)
ECONOMIC DEVELOPMENT
Innovate NY Fund makes available federal funds to the Innovate NY Fund, the New York State Capital Access Program (CAP), and the Bonding Guarantee Assistance Program to help stimulate the development of new jobs and increase economic development activity in New York State.
The legislation establishes the Innovate NY Fund to leverage private sector investments and provide seed money to attract emerging technology firms, create jobs, and increase economic activity throughout the state. CAP will seek to increase access to credit for small businesses and manufacturers. The Boding Guarantee Assistance Program will provide additional financial backing to guarantee bonds to assist small business and minority-owned business enterprises with construction projects. (A.8452-A / S.5782-A; Chapter 103)
New York Wineries removes burdensome regulations so wineries can more effectively and efficiently process, promote and sell New York Wines. The measure will help wineries to be more competitive and versatile in the marketing of their products. (A.7828-A / S.4143-A; Chapter 221)
EDUCATION
New York City School Construction Authority Leasing Requires that prior to the New York City School Construction Authority (SCA) leasing any building or property to be used as an educational facility, SCA would provide a copy of the site plan to the board of education of the City of New York, the New York City Department of Planning, and the appropriate borough community board and community education council where the facility will be located. (A.1762; Passed Assembly / S.3438; Corporations, Authorities and Commissions)
Youth Suicide Prevention Require the Commissioner of Education to develop and conduct training programs, with the Department of Health, the Office of Mental Health, and the Office of Children and Family Services, in the prevention of youth suicides. (A.6237-A; Passed Assembly)
Transportation of Preschool Special Education Students Establishes employee protections within the procurement process of the New York City school district for contracts involving the transportation of preschool special education children. (A.3127-A / S.1368-A; Veto 54)
Inventory of NYC Schoolyards Requires the chancellor of the New York City school district to compile an inventory of outdoor schoolyards, noting their usage and plans for construction or renovations. (A.7230-A / S.587-A; Chapter 544)
School Bedbug Notification Allows New York City school district principals to notify the parents or guardians of students affected by a bedbug infestation. (A.7259 / S.4231; Chapter 300)
Randolph Academy and Hopevale Special Act Schools Authorizes the Randolph Academy Union Free School District to acquire land owned by Hopevale Union Free School District and to also operate the school. (A.8100 / S.5593; Chapter 213)
Concussion Management and Awareness Act Requires the State Education Department to establish head-injury guidelines for school coaches, physical education teachers, nurses and athletic trainers. The guidelines would be used to identify symptoms of a concussion and to ensure appropriate medical treatment is provided to an injured student. (A.8194 / S.3953-B; Chapter 496)
Nonpublic School Fingerprinting Contracts Authorizes nonpublic schools to contract with BOCES for the processing of fingerprints used for employee criminal history record checks. (A.6611 / S.4211; Chapter 17)
ELECTION LAW
Polling Maps Mandates that each polling place have a map available so poll inspectors can aid voters who arrive at an incorrect polling place. (A.263 / S.4748; Chapter 125)
Candidate Poll Watchers Prohibits a candidate from serving as a poll watcher in an election district in which he or she appears on the ballot. (A.1547-A; Passed Assembly / S.3910-A; Elections)
Ballot Access for Impaired Allows blind and visually impaired voters access to absentee ballots printed in Braille and large print. (A.5337; Passed Assembly / S.5517; Elections)
Overseas Ballots Ensures that the ballots of military and overseas voters are mailed in a timely fashion in compliance with the federal MOVE Act. (A.5698 / S.3500: Chapter 4)
Unused Ballot Preservation Exempts sealed packages of wholly unused ballots from the 24 month statutory preservation period. (A.6767-A / S.5211; Chapter 282)
Optical Scan Machine Security Ensures that the electronic memory devices used by the new optical scan voting machines are secured and stored properly after an election. (A.7453 / S.5385; Chapter 169)
Absentee Ballot Retention Provides that absentee ballots be retained by the board of elections and canvassed as required by law. (A.7602-A / S.5677; Chapter 308)
2012 Presidential Primary Schedules the 2012 presidential primary election for April 24, 2012. (A.8363 / S.5753; Chapter 147)
Mailing Absentee Ballots Expands beyond the U.S. Postal Service options for the mailing of absentee ballots to boards of elections. (A.8090; Passed Assembly)
Comptroller Campaign Finance Reform Act Provides for optional public financing for campaigns for the office of the state comptroller. (A.8367; Passed Assembly)
ENERGY
Micro-Hydro-Electric Equipment Allows residential and non-residential electric customers who install micro-hydro-electric equipment to participate in net electric energy metering with their local utility. (A.28 / S.1149-A; Chapter 546)
Energy Consumer Usage Study Directs the New York State Energy Research and Development Authority (NYSERDA) to conduct a study of consumer behavior on energy usage and conservation. (A.42-A / S.511-A; Veto 69)
Cool Roof Energy Reduction Materials Requires that newly constructed or substantially renovated state agency buildings include cool roofing materials in order to increase solar reflectance and reduce energy usage. (A.96; Passed Assembly / S.967; Government Operations)
Increased Energy Grant Transparency Requires the New York State Energy Research and Development Authority (NYSERDA) to provide greater transparency of grants awarded through the Energy Efficiency Portfolio Standard (EEPS) program. (A.261 / S.215; Chapter 5)
Outdoor Lighting Information Authorizes the New York State Energy Research and Development Authority (NYSERDA) to collect information about the energy efficiency and environmental impact of outdoor lighting. (A.1474 / S.4849; Chapter 503)
Residential Energy Records Access Requires gas and electric utility companies to make available to landlords and tenants, upon request, information concerning gas and electric charges from the prior occupants of a residential dwelling. (A.3780-A; Passed Assembly / S.1878-A; Energy and Telecommunications)
Utility Emergency Plans Requires electric utilities to submit annual detailed utility emergency plans to the Public Service Commission (PSC) for its review and approval. The bill aims to provide greater public scrutiny to emergency plans prepared by utilities to address the needs of utility customers during storms and other emergency situations. The bill also includes oversight measures to prevent blackouts. (A.4980; Passed Assembly / S.1083; Energy)
Credit Roll Over for Net Metering Customers Allows utility customers who participate in net metering to roll over credits earned for energy produced from one year to the next. (A.5521-A; Passed Assembly / S.5839; Energy and Telecommunications)
Remote Net Metering Permits remote net electric metering by farm and non-residential customers who operate farm waste, solar and wind electric generating devices. The bill would allow these customers to realize the cost benefits of net metering when using alternative sources of energy that operate from multiple locations. (A.6270-B / S.3407-B; Chapter 35)
Transmission Line Compliance Requires the Public Service Commission to determine whether a proposed electric transmission line complies with the most recent state energy plan before granting a certificate of environmental compatibility and public need. (A.7399; Passed Assembly / S.5626; Energy and Telecommunications)
Power NY Act of 2011 Provides a comprehensive energy policy to address power generation, conservation and environmentally safe sources of power. The bill also would establish the Article X power plant siting law, an on-bill financing mechanism for the Green Jobs-Green New York program, and directs NYSERDA to conduct identifying strategies to increase solar energy generation in New York. (A.8510 / S.5844; Chapter 388)
ENVIRONMENTAL CONSERVATION
Cadmium Ban Prohibits the sale of jewelry, toys or ornaments to which cadmium has been added intentionally during product formulation or manufacturing. Media reports have linked cadmium to several health disorders including cancer and kidney disease. (A.1158; Passed Assembly / S.2729; Environmental Conservation)
Wetland Oversight Provides DEC with regulatory authority over freshwater wetlands of one acre or more as well as other wetlands of significant local importance. (A.3374; Passed Assembly)
Protecting NY's Water Resources Authorizes DEC to implement a water withdrawal permitting program to better monitor and regulate the use of the state's water resources. (A.5318-A / S.3798; Chapter 401)
Greenhouse Gas Emissions Reduction Establishes rules and regulations that restrict greenhouse gas emissions and requires DEC to implement the new emission limits by 2050. Under the bill, current emission levels must be reduced by 80 percent. (A.5346; Passed Assembly / S.2742-A; Environmental Conservation)
Hydrofracking Ban Establishes a moratorium on hydraulic fracturing, the drilling of natural gas or oil wells with the injection of pressurized water and chemicals into underground rock formations, until June 2012. (A.7400; Passed Assembly / S.5592; Environmental Conservation)
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 legislation would make an exception for the seniority system. The bill would prohibit the reduction of an employee's compensation for the purposes of complying with this provision. (A.6448; Passed Assembly / S.1680; Civil Service and Pensions)
Wage Equality Implements the 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.1780; Passed Assembly / S.248; Civil Service)
Surviving Spouse Benefit Provides a cost of living increase of approximately three percent to all line-of-duty widows or widowers of certain police and fire personnel for fiscal year 2011-12. (A.6068 / S.3994-A; Chapter 161)
Reporting Requirement on Use of Provisional Employees Requires the Department of Civil Service and the Division of Budget to prepare a report that details the use of temporary employees by state agencies and public authorities. (A.7480-A / S.4987; Veto 63)
Service Retirement Activation Reduces, from 30 days to 15 days, the minimum amount of time within which a service retirement may take effect for a prospective retiree who is a member of the NYS Common Retirement Fund. (A.7834 / S.5651; Chapter 375)
Access to Wage Reporting Provides the Office of the Comptroller access to the wage reporting system administered by the Department of Taxation and Finance to verify that re-employed retirees of any public employer are earning less than the limits defined by law. (A.7911-A / S.5460-A; Chapter 206)
Teachers' Pension Portability Permits members of the New York State Teachers' Retirement System (NYSTRS) to receive service credit in another state teachers' retirement system for their New York State teaching service. Teachers who leave NYS to teach in other states cannot currently transfer their NYS teachers' retirement service credit to the new system. This would make their service credit portable. (A.5368 / S.3401; Chapter 553)
Real Property Investments Increases the percentage of assets that may be invested in real estate by the eight New York State public employee retirement systems. The systems are looking at such investments to provide a steady stream of income in order to better fund the growing retirement payroll. (A.5389 / S.3402; Veto 73)
NYC OTB Retiree Health Insurance Continues health insurance and supplemental benefits to retirees of the New York City Off Track Betting Corporation (NYC OTB). When NYC OTB filed for bankruptcy in 2010, certain employees agreed to retire from the corporation after having received assurance that they and their dependants would continue to receive certain benefits. (A.5785 / S.4489; Veto 62)
GOVERNMENTAL OPERATIONS
Ethics Reform Requires extensive financial disclosure by public officials and reorganizes the state bodies that oversee ethics in order to establish an independent entity to investigate allegations of ethics violations. The bill would establish additional penalties for officials who abuse their power, bring more transparency and accountability to state government and strengthen the public's faith in their elected leaders by holding those individuals accountable who betray the public trust. The measure would authorize the reduction or elimination of the pensions of officials who commit felonies related to their office. (A.8301 / S.5679; Chapter 399)
Address Confidentiality Establishes an Address Confidentiality Program in the office of the secretary of state for domestic violence victims who need to maintain confidentiality of their location. (A.628-A / S. 5293; Chapter 502)
Limit State Agency Appeals of FOIL Violation Judgments Limits the time a state agency would have to file an appeal to a court judgment requiring the agency to disclose the information requested under the Freedom of Information Law (FOIL) to 30 days. (A.68; Passed Assembly)
Disabled Discrimination Protections Clarifies the scope of protections against discrimination on the basis of disability in services and programs provided by public entities. (A.71; Passed Assembly / S.2407; Investigations and Government Operations)
Identity Protections Prohibits businesses from creating forms to file unnecessary personal identifying information with a government agency that will be available for public inspection. (A.980; Passed Assembly)
Toll and Transit Disclosure Prohibits the disclosure of electronic toll records. Under the bill, toll information could be released with the consent of an account holder or at the request of law enforcement. (A.1942; Passed Assembly)
State Land Inventory Requires the Office of General Services to create and maintain an inventory of statutory land transfers that contain reverter clauses, to ensure ongoing public purposes are being met. (A.2305; Passed Assembly)
Domestic Violence Workplace Discrimination Prohibits employers from discriminating against domestic violence victims and also provides accommodations to victims when he or she must be absent from work for a reasonable time. (A.2348-A; Passed Assembly / S.5526; Investigations and Government Operations)
Domestic Violence Housing Discrimination Classifies the denial of housing and other accommodations to victims of domestic violence as an "unlawful discriminatory practice." (A.3448-A; Passed Assembly)
Domestic Partner Crime Victims' Compensation Expands eligibility for those who receive awards under crime victims' compensation to include a domestic partner. (A.3592; Passed Assembly / S.629; Corrections)
State Employees with Disabilities Allows state employees the right to seek damages in state court for violations of their rights under the Americans with Disabilities Act. (A.3689; Passed Assembly / S.383; Codes)
Pay Equity Makes it an illegal discriminatory practice to compensate employees of different sexes differently for work of comparable worth. (A.3690; Passed Assembly / S.399; Investigations and Government Operations)
Healthy and Green Procurement Act Promotes the state's purchase of green products by expanding the definition of "cost" in the procurement process to include raw materials, production, manufacturing, packaging, distribution, use and any indirect public health and environmental costs. (A.6366-A; Passed Assembly)
Discrimination Against People with Service Animals Clarifies that a person engaged in training a dog to aid a person with a disability has the same rights and privileges as a person with a disability. (A.6816; Passed Assembly / S.5495; Investigations and Government Operations)
Disaster Safety for Individuals with Disabilities Requires counties to maintain voluntary registries of people who may be in need of special assistance in the event of an emergency or disaster. (A.7257; Passed Assembly)
GENDA Protects transgendered people under the Human Rights Law by prohibiting discrimination based on gender identity or expression. (A.5039; Passed Assembly / S.2873; Government Operations)
HEALTH
Patient Rights in Adult Care Facilities Provides residents of adult care facilities with the right to be fully informed of their medical condition and proposed medication, treatment and other services. Under the bill, residents of these facilities would be able to refuse the medical care available to them after being informed of their options. The measure also would permit residents to choose their own heath care provider, for services not covered by his or her admission agreement, their own legal representative and someone to advocate on their behalf to officials of a health care facility. (A.595; Passed Assembly)
Patient Legal Action Clarifies that a lawsuit seeking damages against a residential health care facility can be initiated by a patient's estate or legal representative if the patient has died or cannot act on their own behalf. (A.657; Passed Assembly)
Health Care Professional Protections Provides protections to health care professionals from criminal liability and professional discipline when they prescribe and administer pain medication while acting within accepted professional standards. (A.732; Passed Assembly)
Prescription Drug Assistance Program Establishes a Prescription Drug Assistance Program to manage consumer purchasing power by negotiating rebates with suppliers, which would then be applied toward reduced prescription drug costs for participants. (A.805; Passed Assembly)
Prescription Drug Benefit Program Transparency Establishes a fiduciary relationship between Pharmacy Benefit Managers (PBMs) and health insurance plans or providers in order to create greater transparency within companies that manage prescription drug benefit programs. (A.809; Passed Assembly / S.4664; Health)
Underage Tanning Ban Prohibits owners, operators, or employees of a tanning operation from allowing persons under the age of 18 to use ultraviolet radiation tanning devices. (A.1074; Passed Assembly / S.2917; Rules)
Child Day Care Protections from Environmental Hazards Prohibits child day care or head- start day care centers from being located near known environmental hazards. The legislation also would require that the buildings used for child day care operations meet certain heating, ventilation and air conditioning systems standards, design practices that minimize pests, and other measures necessary to maintain a healthful, safe and comfortable environment for children. (A.3764; Passed Assembly)
Pesticide Tracking Requires commercial pesticide applicators and sellers of restricted use pesticides to file their reports in an electronic format or on scannable formats with the Department of Environmental Conservation (DEC). The measure also requires DEC to report sales and the use of pesticides, disclosing the product name and active ingredient to the governor, the legislature and to the public. In addition, the bill also authorizes grants awarded by the Breast Cancer Research and Education fund to be used for mapping incidents of breast cancer in the state. (A.3862; Passed Assembly / S.4798; Rules)
Bath Salt Ban Prohibits the sale of bath salt products containing harmful stimulants that are being ingested by users to experience a "high" but which are also damaging to human health.
The measure would make it illegal to sell and distribute bath salts containing 4-Methylmethcathinone, also known as Mephedrone and Methylenedioxypyrovalerone. The measure also would classify these stimulants as controlled substances. (A.4769-C / S.3322-B; Chapter 130)
Medicaid Due Process Protections Provides due process protections that are comparable to what is commonly available in administrative investigative or enforcement proceedings for providers and recipients of Medicaid as well as to entities that are under the scrutiny of the Office of the Medicaid Inspector General. (A.5686 / S.3184-A; Veto 72)
Minority Health Care Data Collection Requires the Office of Minority Health to establish a program designed to collect data on participants in each state program by race, ethnicity and primary language and to submit an annual report to the legislature compiling such information. (A.6241; Passed Assembly / S.4077; Health)
Certificate of Still Birth requires the health department to establish a certificate of still birth. Under the bill, a certificate of still birth would be provided upon the request of a parent. The legislation permits parents to restrict disclosure of information provided on the certificate of still birth. (A.8178 / S.3111; Chapter 552)
Family Health Care Decision Act to Include Hospice Patients Expands the Family Health Care Decisions Act to include the special procedures, standards and safeguards for hospice patients. The Family Health Care Decision Act provides procedures for family members, surrogates and others who must make health care decisions on behalf of patients who are unable to decide for themselves as to what is the most appropriate treatment for their illness. (A.7343-A / S.5259-A; Chapter 167)
Health Care Facility Construction Projects Exemption Exempts construction projects involving routine repairs and maintenance, non-clinical infrastructure projects and equipment replacements from prior approval and pre-opening certification and survey requirements. (A.7665-B / S.4992-A; Chapter 174)
HIGHER EDUCATION
SUNY 2020 allows for an annual capped tuition increase at public universities of up to $300 annually for five years and establishes a new tuition credit system for students eligible for the Tuition Assistance Program (TAP) to mitigate hardships toward future increases. The bill also provides $140 million in capital support to SUNY University Centers in accordance with their approved NYSUNY2020 Plans.
The bill also requires the State University of New York (SUNY) and City University of New York (CUNY) to review the current TAP award levels and eligibility criteria, and make recommendations on how to improve the program to meet the future financial aid needs of students. (A8519 / S.5855; Chapter 260)
E-prescriptions Allows prescribers to complete and transmit medical prescriptions electronically to a pharmacy to be dispensed. (A.3334 / S.4245; Chapter 590)
Sleep Lab Services Authorizes the commissioner of the State Education Department (SED) to regulate the practice of polysomnographic (sleep study) technology services. (A.354-B / S.1831-B; Chapter 262)
Occupational Therapy Assistants Authorizes the SED commissioner to regulate the practice of occupational therapy assistants. (A.4296-A / S.2911-A; Chapter 460)
Certifying Public Accountants Allows certified public accountants (CPAs) who have a principal place of business in another state to practice in New York if they have qualifications that are substantially equivalent to those required in New York. (A.4881-B / S.2628-A; Chapter 456)
Automatic External Defibrillators Requires all dental facilities to possess an automatic external defibrillator, consistent with mandatory CPR training that all dentists are required to perform. (A.3778 / S.2923; Chapter 65)
Collaborative Drug Therapy Management Authorizes a collaborative drug therapy management demonstration program, for three years, between licensed physicians and pharmacists. (A.4579 / S.2985; Chapter 21)
SUNY Purchase Lease Permits SUNY Purchase to enter into a lease agreement with the Purchase College Advancement Corporation to develop up to 385 units of senior housing in a public-private partnership, with proceeds going to scholarships and supporting faculty. (A.340-A / S.1846-A; Chapter 405)
SUNY Farmingdale Lease Allows SUNY Farmingdale to lease land to the Broad Hollow Bioscience Park, Inc., in order to develop, construct and operate a biotechnology and technology oriented office, research and manufacturing park utilizing public-private partnerships. (A.5664 / S.3536; Chapter 13)
HOUSING
Rent Regulation Extends Rent Regulation Laws through June 15, 2015, increases vacancy decontrol thresholds from $2,000 to $2,500 per month, and raises the high income/high rent deregulation threshold from $175,000 to $200,000.
The measure also would limit to one the number of vacancy bonuses a landlord can take in a calendar year, change the amount rent can be increased after an individual apartment is improved from 1/40th to 1/60th of the cost of the improvement, and require the Division of Housing and Community Renewal to issue regulations to enforce all the provisions of the law. (A.8518 / S.5856; Chapter 97)
Expansion of Rent Regulation Protections Limits a building owner's ability to recover a rent regulated apartment for personal use; reduces the amount rent can be increased after a vacancy to 10 percent; allows New York City to strengthen its own rent regulation laws; requires a landlord to own a building for six years before they can apply for an alternative hardship exemption; and ends rent surcharges for capital improvements once the cost is recovered. (A.8446; Passed Assembly / S.5773; Rules)
Loft Law Protections Prohibits landlords from interrupting essential services, such as heat or running water, from the time an occupant files an application for coverage under the Loft Law until a final decision has been made by the Loft Board. (A.5375 / S.4035; Chapter 159)
Affordable Housing Eligibility Makes provisions of the Private Housing Finance Law permanent and expands eligibility for the Low Income Housing Trust Fund program. To help increase the availability of affordable housing units, the bill would permit the financing of rehabilitation projects as well as new construction housing units. (A.8244 / S.4033; Chapter 197)
Rent-Stabilized Building Demolition Establishes more stringent criteria for landlords to meet prior to demolishing a rent-stabilized building in New York City, and requires landlords to assist tenants in securing a new apartment. (A.3596; Passed Assembly / S.906; Rules)
Disabled Tenants Provides current public housing tenants the right to move to a unit on a lower floor upon a vacancy, if the unit is the same size or smaller than the tenant's current unit, and they or another legal occupant has a condition affecting mobility. (A.3420-A; Passed Assembly / S.4455-A; Housing, Construction and Community Development)
Mitchell-Lama Income Removes the requirement that families that make 125 percent of the average median income for their area or less must have two or more dependents to be eligible to live in a Mitchell-Lama development. (A.6262; Passed Assembly / S.624; Rules)
Prohibiting Housing Discrimination Prevents any landlord or building owner from refusing to rent to any person or family based on the person or family's lawful source of income. (A.1121-B; Passed Assembly / S.83-A; Investigations and Government Operations)
Landlord Retaliation Prohibits landlords from engaging in retaliatory behavior against tenants who operate a qualified group or family day care in their home (A.8243; Passed Assembly / S.5779; Rules)
INSURANCE
New York Health Insurance Exchange Establishes the "New York Health Insurance Exchange" to comply with federal law and to make it easier and more affordable for individuals and small businesses to obtain health insurance coverage.
Under the bill, the Exchange would make possible the sale of qualified health and dental coverage, provide information to help consumers compare insurance plans through the Exchange and ensure that eligible individuals are enrolled in the appropriate public or private health plans. The New York Health Insurance Exchange would help reduce the approximately 2.7 million New Yorkers who are uninsured or underinsured, assist individuals with access to coverage and educate consumers. (A.8514; Passed Assembly / S.5849; Rules)
Health Coverage for Domestic Partner Requires commercial insurers, not-for-profit corporations and HMOs that offer individual or group policies to provide coverage for domestic partners when such coverage is requested by an employer group or individual purchasing health insurance. (A.2807; Passed Assembly)
Mail Order Prescriptions Requires commercial, not-for-profit, and HMO health insurance policies that provide coverage for prescription drugs to permit an enrollee to purchase mail order covered prescriptions at any network participating retail pharmacy at no additional charge to the enrollee. (A.5502-B / S.3510-B; Chapter 597)
Oral Chemotherapy Coverage Requires commercial, not-for-profit and HMO health insurance policies that provide coverage for prescription drugs and coverage for cancer chemotherapy treatment to provide coverage for prescribed oral chemotherapy medication. Under the bill, the insurance policy must apply the lower cost sharing amount of either the oral medication or the intravenous chemotherapy. (A.6233-B / S.3988-B; Chapter 559)
Health Coverage for Autism Requires commercial, not-for-profit, and HMO policies to cover the screening, diagnosis, and treatment of autism spectrum disorders. Under the legislation, insurers must provide coverage of up to $45,000 per person for applied behavior analysis claims. (A.6305-A / S.4005-A; Chapter 595) (A.8512 / S.5845; Chapter 596)
Fertility Prescriptions Requires commercial, not-for-profit and HMO health insurance policies that provide coverage for mail-order fertility prescription drugs to also cover fertility prescription drugs purchased at a non-mail order pharmacy without any additional cost to the insured. (A.7779 / S.5799; Chapter 598)
Federal Affordable Care Act Ensures that New York State Insurance Law conforms with the federal Affordable Care Act by providing coverage to dependents up to age 26, aligning coverage for preventive care with federal guidelines and prevents copayments or deductibles from being charged for preventative care. The measure also ends the requirement for an enrollee to receive pre-authorization in order to receive emergency care and prohibits lifetime limits on essential benefits, beginning January 1, 2014. In addition, the legislation also bans annual limits on essential benefits. (A.8460 / S.5800; Chapter 219)
Boost Insurance Markets to Benefit New York State Stimulates insurance markets by expanding the authority of the state insurance superintendent to grant special licenses that exempt approval requirements for certain lines of commercial insurance. This legislation would encourage businesses to purchase insurance on large risks in the regulated market. (A.8464 / S.5811; Chapter 490)
JUDICIARY
Marriage Equality Act Provides same sex couples with the ability to obtain a marriage license in New York State. (A.8354 / S.5811; Chapter 95)
Electronic Recording of Deeds, Mortgages, and Assignments Permits the county clerks outside the City of New York to accept documents for recording in an electronic form. (A.6870-A / S.2373-A; Chapter 549)
Electronic Filing and Litigating Allows the chief administrator of the courts to expand the use of electronic filing in litigation. (A.8368-A / S. 5635-B; Chapter 543)
Judicial Retirement Provides first passage of a constitutional amendment to allow certain judges to delay retirement until age 80. (A.8469 / S.5827; Delivered to Secretary of State)
Interest on Children's Claims Eliminates an inequity in the law where interest on a child's claims against others does not accrue during the time that an application for judicial approval of a settlement is before the court. (A.634; Passed Assembly)
Energy Leases in Allegheny State Park Allows ownership of mineral rights underlying Allegany State Park to revert to the state if those rights are unused for more than 20 years.
By addressing the lapse of claims to underground oil and gas deposits, the bill provides greater protections to Allegheny State Park. (A.408 / S.2779; Chapter 501)
Family Offenses Adds strangulation and obstruction of breathing as family offenses under Article 8 of the Family Court Act. (A.7632 / S.4302-A; Chapter 309)
Child Support Orders Empowers the Family Court to order unemployed individuals who owe child support to seek employment or participate in training programs that will lead to employment in order to enhance the collection of financial support for children and families. (A.7794 / S.4091; Delivered to governor)
LABOR
Unemployment Benefits Continues extended benefits for unemployed workers who are unable to find work. (A.6091 / S.928; Chapter 7)
Green Jobs Workforce Establishes the Green Jobs Workforce subcommittee of the State Workforce Investment Board (SWIB). Under the bill, the subcommittee would be responsible for working with various state agencies and private industry to analyze labor market data, establish green training programs and establish a "green jobs curriculum." (A.241 / S.5355; Veto 50)
Fair Pay Act Establishes the New York State Fair Pay Act to ensure that pay differentiation is not based on a person's sex or national origin. (A.6130; Passed Assembly / S.2200; Finance)
Freelance Claims for Unpaid Wages Provides independent contractors the right to file claims for unpaid wages with the Department of Labor, which would be empowered to recoup that compensation on behalf of the claimant. Under current law, traditional employees already have that right, while freelancers are forced to go to small claims court to recover unpaid wages, a process that can be time-consuming and costly. (A.6698-A; Passed Assembly)
Prevailing Wage Law Compliance Closes a loop hole used by utility companies who hire contractors to avoid complying with the state's prevailing wage laws. The bill requires municipalities which issue a permit to a utility company for the excavation of a street to require their contractors to pay their workers the prevailing wage. The bill clarifies that by issuing such a permit the project becomes a "public work," which requires the contractor to use competent employees and comply with the state's prevailing wage laws. (A.6970; Passed Assembly / S.5659; Labor)
Contractor Debarment Ensures reciprocity between federal and state construction projects for violations that trigger the debarment of a contractor. Currently, if a contractor is found guilty of underpaying her or his workers twice within a six year period on a public works contract, the contractor is "debarred" or forbidden from bidding on public works contracts for five years. This bill would count federal violations toward one of the two state violations which could trigger debarment. (A.7401; Passed the Assembly)
LIBRARIES
New York State Library Requires the New York State Library to be open at least eight hours each day on five days every week in the year except on specified legal holidays. This bill will provide the Regents with the flexibility necessary to develop a schedule that best meets the needs of the public to access to the state library and museum. (A.6839 /S.5244; Chapter 261)
LOCAL GOVERNMENTS
Land Banks Authorizes municipalities to create a not-for-profit corporation, known as a land bank to acquire vacant, abandoned, tax delinquent, or tax foreclosed real property and convert the properties to productive use. Municipalities could jointly create a land bank, and municipalities could enter into agreements to share the services of a land bank. Under the bill, 10 land banks may exist statewide at any one time. (A.373-A / S.663-A; Chapter 257)
Municipal "Piggybacking" Authorizes municipalities, including school districts, to participate in or "piggyback" onto the same public works contracts that are procured by any county in the state. Under the bill, smaller municipalities would be able to join larger municipalities in contract bids for public works projects in order to reduce costs and save time. (A.5830 / S.4360; Delivered to Governor)
Private Activity Bond Allocation Act of 2011 Establishes the process for the state to allocate its share of the Bond Volume Cap, which was established by the federal government in 1987. This legislation allocates one-third of available tax exempt bonds to local issuing agencies, including local governments and industrial development agencies (IDAs), one-third to state issuing agencies, and one-third to a statewide bond reserve to be available upon application when eligible agencies have exhausted their share of the bond volume cap. Any unused local and state bond volume caps would be transferred to the statewide bond reserve each year on October 1st. (A.6306 / S.4031; Chapter 71)
Best Value Municipal Procurement Requires municipalities, including school districts, to award service contracts on a best value basis, rather than to the lowest responsible bidder. This will provide municipalities with discretion to award service contracts to bidders that they feel will provide them with a better value of service than the lowest bidder. (A.7357-A / S.4753; Delivered to Governor)
IDA Financing for Auto Racing Tracks Authorizes industrial development agencies to provide tax exempt financing to projects located at an automobile racing facility that has at least 50,000 seats and annually hosts at least one NASCAR sprint cup series race. (A.7386 / S.5137; Chapter 478)
MENTAL HEALTH
Abuse Notification System Allows providers of facilities or programs licensed or certified by the Office for People With Developmental Disabilities to request additional background information of any substantiated report of abuse or serious neglect that the Office has on file of a prospective employee or volunteer. (A.8330 / S.5796; Delivered to Governor)
Mandatory Reporting of Crimes requires the district attorney or appropriate law enforcement officials to be contacted immediately but no later than 24 hours if it appears a situation has occurred where conduct caused physical injury or unauthorized sexual contact, if it appears the welfare of an individual has been endangered, or a felony crime was committed. Current law requires certain allegations of crimes be reported no later then three working days at state mental hygiene facilities. (A.8325 / S.5795; Chapter 558)
Standardize Training for Developmental Disability Facilities Requires the Office for People with Developmental Disabilities (OPWDD) to standardize the training provided to personnel who care for individuals with developmental disabilities at state mental hygiene facilities. Under the bill, all providers operated or licensed by the state would have to comply with the training curriculum developed by OPWDD that establishes standards for the protection of people with developmental disabilities from abuse, neglect and maltreatment. (A.8323; Passed Assembly / S.5794; Rules)
Investigations of OPWDD Employee Ensures that investigations into employee conduct would continue even if the employee resigns and that notices of this policy would be provided to all current and new employees of OPWDD. (A.8324 / S.5793; Chapter 588)
Overtime Limit on OPWDD Employees Establishes a 60 hour cap on the number of overtime hours OPWDD employees can work to ensure patient safety and prevent staff fatigue. (A.8127-A; Passed Assembly / S.5716-A; Rules)
DDSO Ombudsman Enhanced Strengthens the status of the Developmental Disability Service Office (DDSO) ombudsman as an independent advocate by making he or she an employee of the Commission on Quality of Care and Advocacy for Persons with Disabilities. Currently, the ombudsman is an employee of OPWDD. (A.8322 / S.5792; Chapter 542)
Increased Inspections of OPWDD Facilities Requires OPWDD to make at least three unannounced visits per year at each facility and program. The bill also would authorize any DDSO Board of Visitor member or any other individual approved by the commissioner of OPWDD to attend an inspection as an independent monitor. (A.6665-A; Passed Assembly / S.5791; Rules).
Mental Hygiene Law Language Updated Eliminates and replaces references to "mentally retarded" and "mental retardation" in the Mental Hygiene Law with terms that reflect a person-centered language as a follow up to reflect the name change of the Office of People with Developmental Disabilities (OPWDD). (A.6840 / S.4467; Chapter 37)
RACING AND WAGERING
Licensed Wagering Centers Must Operate Only in New York Requires any company licensed to conduct pari-mutuel racing and wagering operations in New York State to locate their call centers in the state. (A.7392 / S.4876; Chapter 402)
NYS Thoroughbred Breeding and Development Fund Extends for one year the New York State Thoroughbred Breeding and Development Fund, allowing the fund to receive their statutorily required payments on a quarterly basis and also modified the manner in which the fund may disburse its revenues.
The bill also extends for one year, until August 31, 2012, the authorization for the New York Thoroughbred Horsemen's Association to withhold an additional one percent of purse monies collected from race meetings at Aqueduct, Saratoga and Belmont racetracks. Under the bill, this revenue would be used to support health services for backstretch employees and the support of the Equine Drug Testing Program. (A.7852-A / S.3949-B; Chapter 175)
REAL PROPERTY TAXATION
Real Property Tax Cap and Mandate Relief Requires school districts and local government entities to cap increases in real property taxes at two percent or the rate of inflation, over the previous year's levy, whichever is less. Under the bill, school districts could exceed the cap with 60 percent of a public vote, and local governments may exceed the tax limit with the approval of 60 percent of the governing body.
This tax cap would take effect for the 2012 fiscal year for local governments and for the 2012-2013 school budget year. The bill contains a number of mandate relief measures to help local governments achieve operational savings and reduce the need to increase real property taxes.
The legislation addresses unfunded mandate relief by providing local governments and schools districts with more flexibility so they can provide municipal services without further burdening their tax base. In addition, the bill establishes a Mandate Relief Council to review unfunded mandates and examine their impact on local governments. (A.8518 / S.5856; Chapter 97)
SMALL BUSINESS
Creating the Small Business Crime Prevention Program Establishes the Small Business Crime Prevention Services Program to provide small businesses with information on strategies, best practices and programs that will help prevent the commission of crimes in and around the premises of small businesses. (A.232-A; Passed Assembly / S.979-A; Commerce)
Energy Assistance for Small Business Creates the Small Business Energy Assistance and Advocacy Services Program within the Department of Economic Development (DED) to help small businesses conserve energy. Under the bill, the program would solicit input from organizations representing small businesses regarding their energy assistance needs and identify issues relating to energy availability, affordability and sustainability.
The bill requires the program to coordinate its small business energy conservation efforts with businesses and entities such as NYSERDA, the Power Authority of the State of New York and others in the development of energy assistance programs. It also requires that information and materials about energy conservation techniques be accessible on DED's website. (A.235; Passed Assembly / S.2822; Commerce Economic Development and Small Business)
Innovative Energy and Environmental Technology Funds Provides capital grants to encourage and support innovative energy and environmental technology development for early stage financing of small environmental technology businesses in New York State. The bill authorizes the Empire State Development Corporation in consultation with the New York State Energy Research Development Authority (NYSERDA) and the Department of Environmental Conservation (DEC) to develop criteria to be used in evaluating grant applications. (A.5149; Passed Assembly / S.5550; Corporations, Authorities and Commissions)
Entrepreneurship Assistance Centers Updates the current Entrepreneurial Assistance Program (EAP) in order to better streamline the program and create a more effective and efficient approach to assisting fledgling entrepreneurs. EAP was established in 1997 to assist aspiring entrepreneurs in developing basic business management skills, refining business concepts, devising early-stage marketing plans and preparing action plans. (A.6670; Passed Assembly)
SOCIAL SERVICES
Domestic Violence Residential Program Increases the maximum length of stay at residential program for victims of domestic violence to 180 days by allowing for a second 45 day extension. The bill aims to provide victims of domestic violence with more time to find permanent housing. (A.2651; Passed Assembly / S.973; Housing)
Driver's License Suspension Continues the suspension of a driver's license for individuals who are delinquent in child support payments until June 30, 2013. (A.7829 / S.4071; Chapter 101)
TOURISM
Park Closing Procedures Establishes mandatory public hearings and reports that must be completed before a state park is closed to the public or its purpose is changed. (A.693; Passed Assembly / S.1918; Cultural Affairs, Tourism, Parks and Recreation)
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. The commission expires on December 31, 2015. (A.1650-A; Passed Assembly / S.197-A; Cultural Affairs, Tourism, Parks and Recreation)
Sporting, Entertainment and Cultural Event Tickets Extends the current regulations and consumer protections for the sale and resale of tickets for sporting, cultural and entertainment events until May 15, 2013. (A.6856-A / S.4493; Chapter 19)
TRANSPORTATION
Hazard Vehicle Safety Requires motorists to exercise due care when passing a parked, stopped or standing hazard vehicle, such as a tow truck, utility vehicle, highway maintenance vehicle, snow plow, and postal service vehicle. (A.177-B / S.2769-B; Chapter 458)
Seat Belts in Rear Seats Prohibits any person aged 16 years old or older from riding in the rear seat of a motor vehicle unless they are properly restrained by a seat belt. (A.1306; Passed Assembly / S.1337; Rules)
Truck and Pedestrian Safety Requires certain trucks operated on New York City streets to be equipped with convex mirrors. (A.1446 / S.3151; Chapter 138)
Parking Access Aisles Requires access aisles of parking spaces reserved for persons with disabilities to be at least eight feet wide. (A.3363; Passed Assembly / S.3170; Transportation)
School Bus Driver Disqualification Expands the list of offenses for which a conviction would disqualify a person from operating a school bus. (A.3518-A /S.5806; Chapter 400)
Intercity Bus Operations Authorizes an intercity bus passenger service permit system in New York City, for the on street loading and unloading of passengers. (A.4578; Passed Assembly / S.2977; Transportation)
Emergency Vehicle Lighting permits the use of rear-projecting blue lights on ambulances, emergency ambulance service vehicles, and county emergency medical services vehicles when engaged in emergency operations. (A.7919 /S.5483; Chapter 143)
Texting and Use of Portable Electronic Devices Allows for the primary enforcement of the law banning the use of portable electronic devices, such as handheld mobile telephones and laptop computers, while driving. (A.8106 /S.5643; Chapter 109)
Complete Streets Provides for the consideration of complete street design features, including sidewalks, paved shoulders, bicycle lanes, bus pullouts, and others, in various state and local transportation projects. (A.8366 / S.5411-A; Chapter 398)
VETERANS AFFAIRS
Veterans' Bulletin Board Allows a bulletin board dedicated to veterans' affairs and events to be displayed and maintained in municipal offices. (A.2411 / S.205; Chapter 16)
OASAS Coordination Council Requires two of the 26 member advisory council of the Office of Alcohol and Substance Abuse Services to be combat veterans, beginning with vacancies that occur on or after the bill's effective date. (A.141-B / S.4582-B; Chapter 499)
Women Veterans Coordinator Updates the duties of the women veterans' coordinator within the state Division of Veterans' Affairs to include the promotion of events and activities that recognize, educate and honor women veterans. (A.6383 / S.5432; Chapter 515)
Funeral Event Demonstrations Authorizes the state and local municipalities to create a permitting system in order to regulate demonstrations within 1000 feet of a military funeral event. (A.7697 / S.5602; Chapter 527)
Buffer Zone Around Religious Services Extends the no disturbance buffer zone around a religious service, funeral, burial or memorial service from 100 to 300 ft. (A.7698 / S.5605; Chapter 528)
Accident Prevention Courses Makes available to returning servicemen and women information on accident prevention courses approved by the Commissioner of Motor Vehicles online, on the Division of Military and Naval Affairs website, and on the Division of Veterans' Affairs website. (A.1608 / S.5784; Chapter 489)