2012 NYS Assembly Significant Legislation
AGING
SCRIE and DRIE Outreach Programs requires municipalities that administer the Senior Citizen Rental Increase Exemption (SCRIE) and the Disabled Rent Increase Exemption (DRIE) programs to conduct community awareness forums to ensure individuals who may be eligible are aware that they can apply for the programs' benefits. (A.9205; Passed Assembly / S.6592; Finance)
SCRIE and DRIE Applications ensures SCRIE and DRIE application forms are more readily available and authorizes partnering organizations to assist in the completion of applications in community settings. (A.9204; Passed Assembly / S.6593; Finance)
SCRIE and DRIE Information in Several Languages requires the SCRIE and DRIE program to develop a plan to ensure individuals with limited English proficiency have adequate access to forms and instructions that are available in the six most common non-English languages spoken in a municipality. Under the bill, individuals who require additional assistance due to deafness, blindness, speech impediment, or cognitive impairment would have to be offered additional assistance upon request or demonstrated need. (A.9213; Passed Assembly)
Assisting Transition from DRIE to SCRIE creates a system to ensure that DRIE participants are seamlessly transitioned to the SCRIE program once they are eligible for both programs. (A.9223-A / S.6591; Chapter 286)
AGRICULTURE
Ban on Needless Devocalization of an Animal prohibits the removal of a dog or cat's vocal chords for non-medical reasons. Under the bill, violators would face fines or incarceration and may be required to forfeit ownership of their pet. The legislation also requires the suspension or revocation of a veterinarian's license if convicted of performing an illegal devocalization. (A.3431-D; Passed Assembly)
Promote New York Farm Food Products expands The Shop: Pride of New York Program to promote wholesale and retail sellers that offer New York State grown and/or processed food items. The bill requires the Department of Agriculture and Markets to establish on its departmental website a link to The Shop: Pride of New York Program that will include the name, location and hours of operation of food sellers that meet the program's requirements and a brief description of their business. (A.9868; Passed Assembly)
The Dine: Pride of New York Program promotes restaurants that use New York grown food products. The bill authorizes the Department of Agriculture and Markets to create a program to promote restaurants with menus that include no less than 15 percent of New York grown food ingredients. (A.9877; Passed Assembly)
Agricultural District Renewal streamlines the process for renewing agricultural assessments to ensure land used for farming is assessed based on agricultural value and not its development value. The bill allows farmers to file a simpler agriculture assessment application form following the approval of the first year's application, providing there are no changes in the use of the land. (A.9960; Passed Assembly / S.6778; Chapter 160)
Animal Fighting Gear Banned prohibits the ownership, sale, transfer and manufacture of animal fighting paraphernalia. (A.9552-A / S.6774-A; Chapter 144)
Pet Dealer Animal Care establishes higher standards for the care of animals by pet dealers. The bill requires dealers to make isolation areas available for sick animals, designate an attending veterinarian to establish a veterinary care program for their animals and implement an exercise plan for dogs at these facilities. (A.697-D / S.7268-A; Chapter 110)
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. Under the bill, violators would face fines of not less than $250 and up to $500 for each violation. (A.7502-B / S.5702-A; Chapter 119)
Propane Tank Safety prohibits the filling, emptying or use of any liquefied petroleum container by anyone except the owner of such container or by an agent designated in writing by the owner. (A.4055 / S.773; Veto 136)
ALCOHOLISM AND DRUG ABUSE
Treatment for Compulsive Gamblers requires gambling facilities to post signs in a prominent manner and within reasonable proximity to every exit and entrance of a gambling facility that describe where and how to get help for compulsive gambling. (A.10024; Passed Assembly)
Responsible Gambling requires the New York State Legislative Task Force on Responsible Gaming to provide recommendations to the New York State Gaming Commission on issues related to the prevention and treatment of problem gambling. (A.2425-C; Passed the Assembly)
Prescription Drug Disposal increases public awareness on the proper disposal of prescription drugs by requiring the Office of Alcohol Substance Abuse Services (OASAS) in cooperation with the Department of Environmental Conservation (DEC) to post on its website information related to conducting a pharmaceutical collection event. The bill also will allow OASAS to assist DEC in the development of a public information program on the proper disposal of drugs and how to access drug disposal sites. (A.9621; Passed the Assembly)
Expansion of Alcoholism and Chemical Dependency Screening expands the Screening, Brief Intervention and Referral to Treatment (SBIRT) program beyond hospital emergency rooms to primary health care settings by requiring the Office of Alcoholism Substance Abuse Services (OASAS) to develop SBIRT training materials for health care providers and qualified health professionals. (A.7804; Passed the Assembly)
BANKS
Number of Mortgage Loans limits the number of personal mortgage loans that can be issued without acquiring a mortgage banking license. The bill allows an individual, partnership, association, corporation or other entity to make no more than three loans in a calendar year and a maximum of five loans in a two-year period. (A.9123 / S.3779; Chapter 47)
Electronic Fund Transfer Protection prohibits the transfer of funds as a penalty for providing final payment after a bank account holder has given oral or written communication to stop preauthorized electronic fund transfers. (A.9787 / S.219-A; Chapter 403)
CHILDREN AND FAMILIES
Notification of Funding Cuts to Day Care Assistance requires local social services districts to provide 90 days notice to the Office of Child Family Services (OCFS) prior to lowering eligibility requirements for child care assistance or co-payments. OCFS would then have to notify all child care providers and child care resource and referral agencies in the county within 30 days. (A.509; Passed Assembly)
Office of the Child Advocate establishes the independent Office of the Child Advocate, headed by the Child Advocate appointed by the Governor. The Child Advocate, who would report to the Governor and Legislature, would monitor the implementation of policies concerning children in the care, custody or guardianship of the state and make recommendations regarding changes to such policies. (A.644-D; Passed Assembly)
Parental Notification of a Youth's Arrest requires law enforcement officials, upon the arrest of an individual between 16 to 18 years of age, to notify the parent or person who is legally responsible for that teenager. In addition, the bill would require the parent to be notified if a court appearance ticket has been issued to the youth, unless such a notification would endanger the health and safety of the individual. (A.4408; Passed Assembly)
The Safe and Fair Equal Treatment for Youth Act (SAFETY) requires the commissioner of the Office of Children, Family Services (OCFS) to develop policies that prevent harassment and discrimination by OCFS staff towards youth who are in the care of facilities operated by OCFS. The legislation mandates that the SAFETY Act's policies be publicly posted and incorporated into the training of OCFS personnel. (A.4426; Passed Assembly)
Notice of Placement Changes and Reports of Child Abuse in Foster Care Homes ensures the safety of children in foster care by requiring local social services districts, when changing the placement of a child, to notify the child's attorney within in 10 days of the new placement unless such a change was necessary because of an emergency. The bill requires the local district to notify the attorney for the child and the attorney for the other involved parties, within five days of an indicated child abuse report, involving the foster child or another child in the home. (A.7598; Passed Assembly)
Background Review of Foster Parent Applicants requires that a social services district or authorized agency, when making a determination as to whether an individual is suitable for foster parent certifications, to review whether an applicant has previously had their foster care license revoked or not renewed and whether a child was removed from the home. (A.10143-A; Passed Assembly)
Permanency Planning in JD and PINS proceedings adds permanency planning to juvenile delinquency (JD) and persons in need of supervision (PINS) proceedings in order to ensure the person's immediate enrollment in school, parental notification about the proceedings and the continuation of attorney representation. (A.10348; Passed Assembly)
Increase Access to PINS in Family Court for Certain Youth allows a Person in Need of Supervision (PINS) petition to be filed, without attempting diversion services, in two narrow instances when diversion would not be feasible: 1.) In the event the youth has run away and a warrant is needed, or 2.) In the event the youth poses an imminent risk of harm to his or her family and an order of protection is required. Once the youth appears before the court, diversion would be required unless there is a substantial likelihood that the youth would run away or pose imminent harm again. (A.10639; Passed Assembly)
CITIES
Water Services for Non-Profit Organizations Continued extends for two additional years an exemption on certain water charges to religious institutions, hospitals, schools, homes for the elderly, daycare centers and other organizations. Under the bill, there is no charge for water services up to $32,295, and these organizations only pay half the charges on water usage valued at less than $64,577. (A.9813 / S.7613; Chapter 153)
NYC Taxi Licenses authorizes New York City to sell 2,000 accessible taxi licenses and 18,000 HAIL licenses. Under the bill, the HAIL licenses would allow livery cars to pick up street hails in northern Manhattan, Bronx, Brooklyn, Queens and Staten Island. (A.8691-A / S.6118-A; Chapter 9)
CODES
Fake Marijuana Banned criminalizes the sale and possession of synthetic marijuana in New York State and adds several chemical compounds used to manufacture synthetic marijuana to the schedule of controlled substances, making the sale and possession punishable by imprisonment, a fine, or both. (A.9855-A; Passed Assembly)
Firearm Microstamping establishes the Crime Gun Identification Act of 2012 that would require all new semiautomatic handguns sold in New York State, by 2014, to be microstamped with a unique code which is transferred to shell casings when the gun is fired. (A.1157-B; Passed Assembly)
Diplomatic Immunity Notification Act requires notification to certain federal and state agencies when persons with diplomatic immunity violate the law. The notification must include the name of the protected person, their title, position, and/or assignment, in the United States, and information about the incident, including the potential violations of the penal law. (A.291-A; Passed Assembly)
Aggravated Family Offense establishes the felony crime of aggravated family offense for individuals who commit a specified domestic violence misdemeanor offense and have been convicted of one or more domestic violence offenses within the past five years. (A.1986-B; Passed Assembly)
Racial Profiling prohibits law enforcement officers from using racial profiling. Under the bill, police departments would be required 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. This bill also permits victims of profiling to seek recourse against those who solely use race and ethnicity as a basis for exercising the powers of law enforcement. (A.2288; Passed Assembly)
Prohibition of Denial of Class Certification prohibits a court, involving class action law suits, from denying class certification solely because the action involves governmental operations. (A.2334; Passed Assembly)
Firearm Ownership Inquiry requires the judge in a criminal proceeding or in a 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)
Revocation of Firearms Licenses empowers courts to revoke firearms licenses and seize weapons from individuals who are ordered into treatment at a mental health facility or whom a judge has determined are incapacitated. (A.3081; Passed Assembly)
Revocation of Firearm License Involving Orders of Protection provides for the mandatory revocation or suspension of the firearms license of an individual against whom an order or temporary order of protection has been issued. (A.6406-A; Passed Assembly)
False Financial Claims requires a court, upon conviction of an individual for filing a false financial statement, to issue and file with the Secretary of State a certificate of the conviction. The bill would ensure that victims have proof of the fraudulent financial statements that are being used against them and help repair the damage caused to their credit history. (A.3457 / S.6354; Chapter 113)
Domestic Partner Crime Victims' Compensation expands eligibility for those who receive crime victim compensation awards to include a domestic partner and provides access to counseling for surviving family members of homicide victims. (A.3592; Passed Assembly)
Undetectable Knives prohibits the manufacture, transport, shipment or possession of an undetectable knife for commercial sale and requires that manufacturers of knives include materials that are identifiable and detectable by a metal detector. (A.3622-A; Passed Assembly)
Gang Program establishes a gang assessment, intervention, prevention and suppression program within the division of criminal justice services. (A.3834-A; Passed Assembly)
Possession and Sale of Embalming Fluid prohibits the sale of embalming fluid by a funeral director, undertaker, embalmer, or registered resident to anyone other than a licensed funeral director, undertaker, embalmer, registered resident or other entity authorized to perform embalming activities. (A.3964-A / S.657-A; Chapter 29)
Serious Offense Definition expands the definition of "serious offense" to include certain domestic violence offenses and prohibits persons convicted of such offenses from possessing a firearm. (A.4488-A; Passed Assembly)
Social Services Employees Assault enhances the criminal penalties for assaulting certain employees of a local social services district while they are performing their duties from a Class A misdemeanor to a Class D felony. (A.4672-D / S.7720; Chapter 434)
Exclusion of Judgments excludes certain judgments, orders, or decrees issued in a matrimonial action, including an award for maintenance and or child support, from a stay of enforcement without a court order. (A.5032-A; Passed Assembly)
Geographical Area of Employment expands the geographic area used to determine eligibility for employment as a state university police officers to the areas adjacent to the campus. (A.5372-B; Passed Assembly)
Prohibition of Salvia Divinorum prohibits the sale of salvia divinorum, an herbal intoxicant, to persons under 18 years of age. (A.5491; Passed Assembly)
DNA / Innocence Omnibus Bill establishes statewide standards for the preservation and cataloguing of DNA evidence. The measure also creates the Integrity of the Criminal Justice System Commission to study the errors made in wrongful conviction cases and to make recommendations to prevent such breakdowns in the justice system.
The bill also ensures confidentiality of those who provide voluntary samples; eliminates unregulated, "rogue," DNA databases; expands access for those who have been wrongfully convicted to seek monetary damages; and mandates the videotaping of custodial interrogations conducted in police stations for felony cases. (A.5886-C; Passed Assembly)
Insurance Fraud Prevention expands the definition of insurance fraud in the fourth degree, a Class E felony, to include a person who commits an act of insurance fraud and operates a motor vehicle and intentionally causes or attempts to cause a collision. (A.6177-A; Passed Assembly)
Discovery establishes the power of a court to order disclosure by the prosecution of relevant property that is shown to be material to the case of the defense, whether or not the prosecution intends to introduce the property at trial. (A.8080; Passed Assembly)
Criminal Background Information directs the Department of Corrections and Community Supervision to publish, in writing and on its website, a brochure describing the resources available to the public for the purpose of gathering criminal background information on an individual. (A.8296; Passed Assembly)
Child-Sensitive Arrest Policies directs the superintendent of state police to develop and institute child-sensitive arrest policies and procedures. (A.9087-A; Passed Assembly)
Qualified Agencies defines the Division of Forensic Services of the Nassau County Medical Examiner's Office as a "qualified agency" for the purpose of accessing the state's Department of Criminal Justice Services (DCJS) database containing criminal history and fingerprint information. (A.9098 / S.6280-A; Chapter 14)
Voluntary Surveillance Access Database establishes a voluntary surveillance access database. Under the bill, homeowners and business owners could participate in a program that permits private security cameras or other electronic video surveillance systems to be made available to law enforcement agencies to help solve crimes and apprehend criminals. (A.9380-B / S.7775; Chapter 287)
DNA Testing expands the collection of DNA samples from defendants convicted of crimes in New York State to include all felonies and all penal law misdemeanors. The bill also enhances the protections afforded to defendants to demonstrate their innocence by providing access in certain circumstances to DNA testing in post-plea contexts. In addition, the bill provides for the ability of the court to order discovery for convicted defendants who file a post-conviction motion seeking to demonstrate actual innocence. (A.9555 / S.6733; Chapter 19)
Fingerprint Comparison allows a court, upon a pre-trial motion by the defendant, to order that a fingerprint obtained in the course of an investigation be compared against the state and or national fingerprint identification system upon a showing that such comparison is material to his or her defense. (A.10269; Passed Assembly)
Powers of District Attorney codifies the authority of district attorneys to employ or contract with social workers, and provides retroactively that time worked for a district attorney's office would count toward experience requirements for persons seeking licensure in that field. (A.10553-A / S.7538; Chapter 358)
Interim Probation Supervision provides a court with the ability to transfer the supervision of a defendant on interim probation to the county where the defendant has moved to and resides. (A.10555 / S.7190-A; Chapter 347)
Domestic Violence Omnibus Bill establishes a domestic violence fatality review team to examine the factors involved in domestic violence deaths and near-deaths and to make recommendations to prevent future fatalities. The bill prohibits persons who are the subject of an order of protection from the decedent or who are charged with the homicide of the decedent from controlling the disposition of the decedent's remains.
The legislation would make technical corrections to the confidentiality program of the Department of State. The measure also would allow a court to consider prior violations of an order of protection and prior use of a firearm when determining the issuance of an order of recognizance or bail. In addition, it also establishes the crime of aggravated domestic violence. (A.10624 / S.7638; Chapter 491)
Foreclosure Fraud Prevention Act establishes "the foreclosure fraud prevention act of 2012" and creates the crimes of residential mortgage foreclosure fraud in the first, a Class E felony, and second degrees, a Class A misdemeanor. (A.10629-A; Passed Assembly / S.7759; Rules)
Charitable Bail Organizations permits charitable bail organizations to post bail for certain individuals charged with crimes and provides for a certification process through the Department of Financial Services for such charitable bail organizations. (A.10640-B / S.7752; Chapter 181)
Determination of Incapacitation requires the Commission of the Office of Mental Health (OMH), when a criminal court discharges a defendant who has been found incompetent to stand trial and is in the custody of the Office of Mental Health (OMH), to certify to the court their compliance with the notification requirements. Under the bill, the definition of a crime victim who must be notified by the commissioner is expanded to include victims of domestic violence offenses. (A.10664 / S.6548-A; Chapter 476)
Expanding Qualified Agency Access to Criminal Records amends the definition of qualified agencies to include public defenders, legal aid societies and assigned counsel administrators for the purpose of retrieving criminal history information of clients represented by such individuals or entities. (A.10709; Passed Assembly /S.7005- A; Rules)
Prohibits Sexual Performance by a Child expands the definition of the crime of possessing an obscene sexual performance by a child, which is punishable as a Class E felony and ban the viewing of child pornography in digital form. The measure also provides that an attorney will not be guilty of possession of child pornography if he or she possesses the image as a part of the attorney's representation of a defendant charged with such crime. (A.10713 / S.7742; Chapter 456)
CONSUMER AFFAIRS
Credit History Banned from Hiring Considerations prohibits an employer or potential employer from using an individual's credit history in decisions to hire, terminate, promote, demote or discipline an employee or possible employee. (A.8070-B; Passed Assembly)
Recourse for Price Gouging Victims empowers price gouging victims to sue price gougers directly while retaining the current authority of the state Attorney General to also bring legal action against violators. The bill also permits victims of price gouging to receive compensation for actual damages or $1000, whichever is greater. In addition, the measure permits the court to award an additional penalty of up to $5,000 for a willful or knowing violation and also reasonable attorney's fees. (A.8340; Passed Assembly)
Social Security Number Protection prohibits any person from knowingly using the labor or time of prison inmates to collect, access, or process the Social Security numbers of New York State consumers. (A.8375-A / S.7594; Chapter 371)
Ban on Novelty Lighters prohibits the distribution or sale of novelty lighters, which are equipped with musical sounds, toy-like designs and flashing lights. (A.8402-A;Passed Assembly / S.7411; Consumer Protection)
Baby Crib Safety prohibits the use of unsafe cribs in child care facilities or places of public accommodation, such as hotels, motels, inns, and motor courts. (A.9437; Passed Assembly)
Pre-Need Funeral Contracts extends provisions prohibiting commissions to funeral directors for the sale of pre-need funeral insurance and requires the Department of Financial Services to conduct a study of pre-need funeral funding options. (A.10413 / S.7490; Chapter 88)
Telemarketing Restricting requires out-of-state telemarketers to register with the Department of State and telemarketers to obtain authorization from the consumer prior to transmitting prerecorded messages, commonly known as robocalls. (A.10569-A / S.7567-A; Chapter 369)
CORPORATIONS
Attend Shareholder Meetings via Remote Communications allows corporations whose shares are traded on a stock exchange or over-the-counter to implement measures that would provide a reasonable opportunity for shareholders who are not able to be physically present to participate in certain stockholder activities. The bill permits corporations to inform these shareholders and proxy holders of their ability to witness the proceedings and vote at meetings via electronic communication. (A.1710-A; Passed Assembly/ S.7328; Rules)
Appointments to the New York City Water Board makes the following changes to the composition of the New York City Water Board: four members to be appointed by the Mayor; one member to be appointed by the Speaker of the City Council; one member appointed by the Public Advocate; and one member appointed by the Comptroller of NYC. All appointed members would have to be confirmed by the City Council and no board member could be an officer or employee of the city or serve in such capacity in the preceding six months. (A.3725-A; Passed Assembly / S.7685; Rules)
Prohibit Bonus Payments to Public Authority Board Members limits employee compensation that is paid by public authorities to salaries and benefits that are comparable to those of civil service employees, and if applicable, reimbursement of expenses. The bill prohibits public authorities from providing bonuses to any employee who is not covered by a negotiated contract, or to a board member. (A.5888-B; Passed Assembly)
Public Service Commission (PSC) Actions Upon Certain Petitions requires the PSC to take formal action on certain petitions, filed by citizens and other groups, within 90 days of receipt. For petitions currently pending before the PSC, the commission is required to act within 90 days from the effective date of this legislation unless it is determined that action on such petitions would not serve the public interest. In such cases, the PSC is required to issue a report setting forth the facts and circumstances upon which it based such decisions.
Under the bill, the PSC also would be required to take formal action on all prudency petitions within 30 days of receipt. (A.6563; Passed Assembly / S.4696; Energy & Telecommunications)
Annual Reports Filed by Gas and Electric Corporations compels power producers that are under the jurisdiction of the Public Service Commission (PSC) to file annual reports, without exception. (A.7306; Passed Assembly / S.5514; Energy & Telecommunications)
Limits the Formation of Limited Liability Companies by Municipalities limits the utilization and creation of Local Development Corporations (LDC), Limited Liability Corporations (LLC), and other forms of not-for-profit corporations by municipalities and local government agencies. This bill authorized the state comptroller to audit and exercise oversight authority over LDC, LLC, and not for profit corporations who perform operations on behalf of local authorities. (A.7510; Passed Assembly / S.7583; Rules)
Telecommunications Relay Service Center extends, until June 1, 2018, the location of the New York Telecommunications Relay Service Center in Syracuse. (A.9737-A / S.6794-A; Chapter 149)
CORRECTIONS
Medical Records Access permits the Commission of Correction to subpoena medical records of both living and deceased inmates from hospitals and other outside medical providers in order to carry out its function of investigating and reporting on the delivery of medical care to inmates. (A.9553 / S.6847; Chapter 232)
Sex Offender Photographs clarifies the discretion of local law enforcement agencies to take a new photograph of a level 3 sex offender if, at the time he or she appears for a quarterly address verification, his or her appearance has changed. (A.9229 / S.7569; Chapter 364)
Transcripts of Parole Board Hearings instructs the Board of Parole to make a verbatim transcript of each parole board interview of a sex offender and provide the transcript to the Office of Mental Health for use in conducting reviews of offenders for possible civil commitment upon release from incarceration. (A.8917 / S.6785; Chapter 363)
Payment of Parole Fees terminates the current practice of requiring parole officers to collect supervision fees from parolees and instead requires the Department of Corrections and Community Supervision to provide alternative means of collection. (A.9315 / S.6237; Chapter 201)
Certificates of Relief requires the court, as well as the Department of Corrections and Community Supervision, to issue a Certificate of Relief when an offender has completed all the necessary requirements in order to help promote the individuals rehabilitation and successful reentry and reintegration. (A.7813-A; Passed Assembly)
Authority to Hold Mentally Ill Inmates in Psychiatric Center authorizes the Central New York Psychiatric Center to continue to provide appropriate treatment to inmates transferred to their facility due to a mental health emergency after the emergency has been resolved. (A.9257; Passed Assembly)
Availability of Visitation Rules for Correctional Facilities on the Internet requires the Department of Corrections and Community Supervision to make available on their website the individual rules and restrictions relating to visitation for each of its 60 correctional facilities. (A.9345; Passed Assembly)
ECONOMIC DEVELOPMENT
Help for Small Beer Brewers allows brewers with three percent or less of a wholesaler's annual business to terminate a sale agreement and upon termination pay the fair market value of the distribution rights which will be lost due to the termination. (A.8962 / S.1315; Chapter 367)
NY Brewed Beer Tax Credit provides a tax credit or refund of 14 cents per gallon for New York brewers on the first 500,000 gallons produced within the state, and another 4.5 cents-per-gallon credit for the next 15.5 million gallons. The bill exempts brewers that produce in excess of 60 million gallons annually from this credit. The legislation also provides an exemption from the labeling fees imposed on batches of less than 1,500 barrels. (A.10695 / S.7728; Chapter 109)
Creating Farm Breweries permits farms to sell their beer and/or cider to any New York State-licensed wholesaler or retailer, as well as permit the sale of New York State-labeled beer and cider for consumption on and off the premises. The bill also allows farm breweries to sell their product, for consumption off the premises, at state fairs, county fairs and farmers' markets. (A.10694 / S.7727; Chapter 108)
Preventing Random Gas Pump Price Increases Redefines the permitted "additional costs" for gas to only include taxes and transportation costs and prevents wholesalers, retailers, and gas station owners from randomly jacking up the price of gas, as frequently occurs in major metropolitan areas. The bill also prevents unfair gas pricing that is based on geographical location rather than on actual costs. (A.7775-B; Passed Assembly)
Cyber Attack Prevention Research Authorizes the Empire State Development Corporation to work with the U.S. Air Force Research Laboratory in Rome to establish the Cyber Research Institute. The bill requires the institute to host a public-private sector partnership that collaborates for the purpose of reducing the number of cyber attacks on the computer operations of government and business. (A.9663-A / S.6762-A; Chapter 503)
Film and TV Post Production Tax Credit increases the tax credit for film and television post production from 10 percent to 30 percent to further support this growing sector of the state economy. (A.10244-A / S.7244-A; Chapter 268)
Tax Credit Incentive for Historic Preservation increases the tax credit from $5 million to $12 million for historic preservation projects in order to preserve historic properties throughout the state, create jobs and boost local economies. (A.9110 / S. 6134; Veto 183)
EDUCATION
School Funding increases school aid formula funding for the SFY 2012-2013 Budget, reversing several years of no increases. The bill increases General Support for Public Schools by $805 million over the previous school year, including $751 million more in funding for formula based aids. This is a 3.9 percent increase, which is the first year-to-year increase in three years. (A.9057 / S.6257; Chapter 57)
Maintain School Aid for Flood-Ravaged Districts permits distribution of full state aid to a community stricken by a catastrophic event. The bill holds school districts financially harmless if a school has lost up to 10 days during the 2011-12 school year, and is unable to be in session for the state mandated 180 days due to a federal declaration of a natural disaster, state disaster emergency, or certain other exceptional events. (A.9442 / S.6294; Chapter 139)
Closing Schools on Holidays requires boards of education or trustees to determine whether schools should be closed on holidays or religious or cultural days of observance when student attendance is likely to be exceptionally low in order to save educational resources. (A.10392; Passed Assembly)
Moratorium on School Closing in New York City prohibits the chancellor of the New York City School District from proposing any school closing, school phase-out or grade reconfiguration during the 2013-14 or 2014-15 school years. The bill also would establish a school closure evaluation and review committee which would report on the impact of school closings in NYC by September 30, 2014. (A.6158-B; Passed Assembly / S.4465-A; Rules)
New York City School District Mandatory Kindergarten authorizes the New York City Board of Education to require minors who are five years old by December 1, to attend kindergarten instruction except for those students who are enrolled in non-public schools or who are home-schooled. (A.9861/S.7015; Chapter 157)
New York City School Busing Exemption exempts the New York City school district from the "like circumstances" provision in the Education Law when the city school district provides existing contract bus service for children in the elementary grades to students in grades seven and eight. The bill would allow the New York City school district to restore bus services that were provided during the 2009-10 school year. (A.868-B/ S.6027-B; Chapter 42)
Co-Location in the New York City School District requires the community district education councils to approve school co-location proposals in their district prior to the proposal being voted upon by the city board. (A.9551; Passed Assembly)
Pre-K Students Transportation permits school districts to provide busing for pre-kindergarten students so long as it is provided equally to all children in similar circumstances and the voters of the district approve a proposition to provide transportation to these students. (A.10397-A / S.7218-A; Chapter 244)
Rochester City School District Mandatory Kindergarten authorizes the Rochester City School District to require minors who are five years old by December 1, to attend kindergarten instruction except for students who are enrolled in non-public schools or who are home-schooled. (A.10216-A / S.7519A; Chapter 167)
Cyberbullying Prevention protects students from cyberbullying as well as harassment and discrimination by requiring school districts to establish protocols to respond to cyberbullying, harassment, bullying and discrimination, including designating a school official to receive and promptly investigate reports and take preventive actions.
The legislation also requires schools to coordinate with law enforcement, when appropriate, develop a bullying prevention strategy and provide notice to all school community members of the school's policies. (A.10712 / S.7740; Chapter 102)
State Seal of Biliteracy establishes the State Seal of Biliteracy, which would certify attainment of a high level of proficiency by a graduating high school student in one or more languages in addition to English. The academic criteria necessary to earn the State Seal of Biliteracy will be established through regulations set by the commissioner of SED. Under the bill, school district participation in the program is voluntary and fees could not be charged to students for participation in the program. (A.10292-A / S.7522A; Chapter 271)
Teacher Evaluation Disclosure provides that school districts and Boards of Cooperative Educational Services (BOCES) must fully disclose final quality ratings and composite effectiveness scores from the annual professional performance reviews (APPR) of its teachers and principals to the State Education Department (SED) and upon request to a student's parents or legal guardians. The bill also requires SED to provide this information on its website and requires the data to be suitable for research, analysis and comparison of APPR data. Under the legislation, the data also would be provided in certain itemized categories and the inclusion of personally identifying information is prohibited. (A.10786 / S.7729: Chapter 68)
Out-of-State Contracting by Boards of Cooperative Educational Services (BOCES) authorizes BOCES to contract with out-of-state school districts for special education and career and technical education services and certain other services as long as the services are available to all eligible students attending New York State schools in the component districts. (A.10205-A / S.7120-A; Chapter 396)
ELECTION LAW
Absentee Ballot of Deceased Soldier Counted requires that absentee or military ballots of any active duty service member be counted if such a service member dies in a combat theater or combat zone of operations before the date of the election for which it was cast. (A.1450-A; Passed Assembly)
Ballots Available in Braille provides that absentee ballots for all elections be made available in Braille, upon request of a blind or visually impaired voter. (A.5337-B; Passed Assembly)
Voter Friendly Ballot Act of 2012 provides a remedy for New York's hard to read ballot by setting forth specifications that will create a ballot layout that is more straightforward and user-friendly. (A.7492-D; Passed Assembly)
Overseas Military Voters amends certain election deadlines to facilitate timely transmission of ballots to overseas military voters for primary and general elections. (A.9271-B; Passed Assembly)
Date of 2012 Primary Election reschedules the 2012 fall primary from September 11 to September 13, in recognition of the anniversary of the 9/11 terrorist attacks. (A.10112 / S.7418; Chapter 38)
Canvass Procedures modernizes and streamlines the required canvassing procedures performed at polling operations on election night. (A.10175-B; Passed Assembly)
Designation of Polling Places permits local boards of election to move the polling place for a particular election whenever the total number of eligible voters in a district is less than 10. (A.10389; Passed Assembly)
Voting Materials in Russian provides for voting and registration materials to be printed in the Russian language. (A.10609 / S.7812; Veto 162)
ENERGY
Economic Development in Western New York establishes the Western New York Power Proceeds Allocation Board to provide funding for economic development projects within a 30-mile radius of the Niagara Power Project using the proceeds from unallocated expansion and replacement power. (A.9058-D / S.6258-D; Chapter 58)
Utility Emergency Plans requires electric utilities to submit annual detailed utility emergency plans to the Public Service Commission (PSC) for its review and approval to address the needs of utility customers during storms and other emergency situations. (A.10162; Passed Assembly / S.1083; Rules)
Credit Roll Over for Net Metering Customers permits residential utility customers who participate in net metering to roll over credits earned for energy produced from one year to the next. (A.8815; Passed Assembly)
Planning for Potential Indian Point Closure directs the state Energy Planning Board to issue a report evaluating the impacts of the closure of the Indian Point Energy Center, including strategies for securing replacement power. (A.9068; Passed Assembly / S.6693-B; Rules)
Consumer Representation on the Energy Planning Board directs the Secretary of State to appoint a representative from the Utility Intervention Unit to serve as a permanent member of the state's Energy Planning Board. (A.10579; Passed Assembly)
ENVIRONMENTAL CONSERVATION
Hydraulic Fracturing Health Assessment requires a comprehensive health impact assessment of the effects of high volume hydraulic fracturing in New York State by requiring a school of public health within the State University of New York. The bill also allows for a public comment period on the draft of the health impact assessment and requires the Health Department to make the assessment publicly available. (A.10234; Passed Assembly)
Toxic Chemicals in Children Products provides greater regulation and awareness of the use of toxic chemicals in children's products by requiring the Department of Environmental Conservation to establish and maintain a website that identifies chemicals that are harmful to human health and found in products used by children. The bill also would prohibit the sale of children's products containing such chemicals unless DEC provides a waiver. (A.3141-A; Passed Assembly)
Ensuring Proper Treatment of Drilling Waste requires that waste resulting from the production or exploration of oil or natural gas be considered hazardous if the waste meets the state Environmental Conservation Law's definition of hazardous. (A.7013; Passed Assembly)
Affirms Local Zoning Authority restates and clarifies the ability of local governments to use their local zoning authority to determine the location of oil and natural gas drilling. (A.3245; Passed Assembly)
Sewage Pollution Right to Know Act Requires discharges involving the release of untreated or partially treated sewage or sewer overflows to be disclosed within two hours of discovery to the Department of Environmental Conservation (DEC) and the local health department. The bill also requires that neighboring communities be notified and that information about the discharge be posted on the DEC web site. (A.10585-A / S.6268-D; Chapter 368)
Increased Funding for the Environmental Protection Fund requires a percentage of the proceeds of unredeemed containers, collected through the state's "Bottle Bill," to be deposited in the state's Environmental Protection Fund. (A.10519 / S.7525; Veto 176)
Strengthens State Control of Invasive Species requires DEC and the Department of Agriculture and Markets, in consultation with Invasive Species Council, to develop a program that addresses the disposal and control of prohibited invasive species. (A.9422-A / S.6826-A; Chapter 267)
GOVERNMENTAL EMPLOYEES
Comparable Worth ensures that public employees of municipalities will be paid equally for work of equivalent value regardless of sex, race or national origin. The bill establishes methodologies that may be used by the president of the civil service commission for determining equivalent value of work and mandates that he or she submit to the Legislature and Executive a list of those segregated titles for which a wage disparity exists. (A.6448-A; Passed Assembly)
Wage Equality implements a policy to compensate employees in state service equally for work of comparable value by eliminating wage inequality in job titles, segregated by sex, race or national origin. (A.1780-A; Passed Assembly)
Wage Disparities directs the president of the state civil service commission to study and publish a report evaluating the existence of wage disparities related to job titles segregated by sex, race or national origin in public service. (A.9623; Passed Assembly)
Surviving Spouse Benefit extends a cost-of-living increase of approximately three percent for all line-of-duty widows or widowers of certain police and fire personnel for fiscal year 2012-13. (A.9116-A / S.6438-A; Chapter 285)
Injured Public Employee Health Insurance Coverage provides continuous health insurance coverage to the spouse or dependents of public employees, who are injured on the job or have become ill in the line of duty. (A.9888; Passed Assembly)
NYC OTB Retiree Health Benefits requires the state to reimburse the City of New York for the cost of health insurance and welfare benefit programs for current and future retirees of the New York City Off Track Betting Corporation. (A.9869; Passed Assembly)
Partial Exam Fee Waiver for Veterans waives off half of the fee for state and local civil service exams for all combat and non-combat related veterans. (A.9969; Passed Assembly / S.6375; Rules)
GOVERNMENTAL OPERATIONS
Dream Fund creates the Development, Relief and Education for Alien Minors (DREAM) Fund Commission, which will raise private funds to provide scholarships to college-bound children with at least one parent who is an immigrant. The bill establishes the fund, which will make family tuition accounts available to anyone who provides a valid taxpayer identification number. (A.8689-B; Passed Assembly)
Discrimination Protections clarifies that places of public accommodation are included in the definition of "place of public accommodation" for persons with disabilities in the state Executive Law regardless of whether the place is owned or operated by a state or local government, a private individual or other entity. (A.9848-A; Passed Assembly / S.7139-A; Government Operations)
Citizenship Application Assistance establishes the Immigrant Assistance Service Enforcement Act to protect immigrants from fraudulent entities that claim to offer services to immigrants by requiring organizations that assist immigrants with the citizen application process to register with and be certified by the Department of State. The legislation also increase penalties against such businesses who defraud immigrants. (A.4887-A; Passed Assembly)
Counseling Services for Families of Homicide Victims expands the eligibility for counseling services from the Office of Victim Services to more family members of homicide victims to include the guardians, siblings and step-siblings of victims. (A.9898 / S.6848; Chapter 233)
Copyright Misuse prohibits government agencies from inappropriately using the copyright law to deny access to a public record. (A.6787; Passed Assembly)
Predatory Gas Pricing Prohibited prohibits multiple gasoline price increases in a 24-hour period. (A.1970; Passed Assembly)
Redistricting Reform Act of 2012 establishes an independent redistricting commission to reflect the diversity of the state and requires that new district lines be drawn to protect minority voting rights and affirmatively and transparently explain any deviations from the mathematically ideal population size of each district.
The bill also requires statewide public hearings, the commission's disclosure of all relevant data and publication of the proposed plans as well as drafting the proposed district lines in public. (A.9557 / S.6736; Chapter 17)
Constitutional Amendment to Reform the Redistricting Process amends the state constitution to create an independent redistricting commission to draw district lines. The measure requires new district lines to be drawn to protect minority voting rights and population equality for each district and mandates extensive public hearings statewide.
Under the resolution, the newly established commission is required to publish all relevant data and draft plans to facilitate public review. (A.9526 / S.6698; received first passage and delivered to the Secretary of State)
Limits State Agency Appeal Time for Freedom of Information (FOIL) Violations limits the time a state agency has to file an appeal from a court decision requiring the agency to disclose the information requested under FOIL to 30 days. (A.68; Passed Assembly)
Toll and Transit Record Disclosure Ban prohibits the disclosure of electronic toll records except in limited circumstances, such as with the consent of an account holder or at the request of law enforcement. (A.10255; Passed Assembly)
Open and Transparent Access to Public Records prevents categorical or blanket denials and requires a specific justification for denial of access to records under the Freedom of Information Law.
Under the bill, files that are held by law enforcement agencies or that are related to ongoing litigation are accessible so long as their disclosure does not interfere with an investigation or a proceeding and the release of the records has been approved by the presiding judge. (A.9460; Passed Assembly)
Identity Protection prohibits businesses from requiring individuals to include unnecessary personal identifying information on forms that are filed with a government agency and made available for public inspection. (A.9111; Passed Assembly)
Domestic Violence Workplace Discrimination prohibits employers from discriminating against domestic violence victims and provides accommodations to victims when they must be absent from work for a reasonable time due to domestic violence. (A.2348-A; Passed Assembly)
Domestic Violence Housing Discrimination classifies the denial of housing and other accommodations to victims of domestic violence as an "unlawful discriminatory practice" when such denial is based on their victim status. (A.9024; Passed Assembly)
State Employees with Disabilities grants 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)
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)
Gender Expression Nondiscrimination Act protects transgender people under the Human Rights Law by prohibiting discrimination based on gender identity or expression. (A.5039; Passed Assembly)
Strengthens NY Support for Federal Shutdown of Iran's Nuclear Weapons Program prohibits entities that invest in the Iranian energy sector from receiving state contracts unless the entity has certified that it does not have, has ceased or is taking steps to cease such investments, or the state is unable to procure the needed services or commodities elsewhere. This bill would enact the Iranian Divestment Act of 2012. (A.8668-A / S.5917; Chapter 1)
Expansion of the Iranian Divestment Act of 2012 adds SUNY, CUNY and public authorities to the state entities that are prohibited from investing in the Iranian energy sector. (A.9224 / S.6462; Chapter 106)
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 expenses. (A.6366-A; Passed Assembly)
Cost Comparisons for State Agencies requires agencies to conduct a cost comparison prior to entering into a contract for consultant services to determine if the state workforce can accomplish the work more cost-effectively. (A.5128-C / S.7782; Veto 150)
Providing Career Opportunities to Former State Employees permits certain state officers, terminated between January 1, 2009, and April 1, 2014, because of a reduction in the state workforce, to appear before their former agency. The bill waives the restriction from appearing or practicing before their former agency for a two year period following the end of their employment. (A.9372 / S.6584; Chapter 485)
Ensures Fire Safety for Live Training Exercises provides standards for the use of acquired structures during live fire training and establishes training rules and regulations for those conducting, supervising, and participating in such trainings. (A.9897; Passed Assembly / S.7588; Rules)
Honoring Our Fallen Firefighters permits all firefighters who died in the line of duty to be inscribed on the state's Fallen Firefighters Memorial located in Albany. (A.10046 / S.7458; Chapter 104)
HEALTH
Medicaid Reform requires the state to implement a three-year, phased-in takeover of the growth in the local share of Medicaid expenditures beginning in SFY 2013-14, with the state assuming the administration of the Medicaid program from localities over a multi-year period, with full takeover to be completed by March 31, 2018. (A.9056-D / S. 6256; Chapter 56)
Curb Prescription Drug Abuse establishes the Internet System for Tracking Over-Prescribing (I-STOP) Act, a real-time prescription monitoring registry to provide timely and enhanced information to practitioners and pharmacists. It also would require all prescriptions to be electronically transmitted.
The bill also modifies the state's Controlled Substances Schedule by moving drugs with small amounts of hydrocodone to Schedule II and adding tramadol to Schedule IV, and directs the Department of Health to establish a safe disposal program for unused controlled substances. (A.10623 / S.7637; Chapter 447)
Medical Marijuana permits the use of marijuana to treat serious, life-threatening illnesses under a doctor's supervision and requires that a licensed practitioner certify that a patient has a serious condition for which they are likely to receive palliative or therapeutic benefit from treatment with the medical use of marijuana. Under the bill, a certified patient or designated caregiver who is registered with the state Department of Health will be permitted to possess up to two and one half ounces of marijuana.
The bill also authorizes the Department of Health to license and regulate "registered organizations and producers" to dispense medical marijuana to certified patients and require the Department of Health to issue registry identification cards to certified patients and designated caregivers. (A.7347; Passed Assembly)
Dense Breast Tissue Notification requires physicians to notify their patients when dense breast tissue is detected by a mammogram screening. The bill would raise awareness among women with dense breast tissue and encourage them to consult with their doctor about the potential health risks they face. (A.9586-D / S.6769-B; Chapter 265)
Lupus Fund establishes a taxpayer check-off box on state personal income tax forms to secure funding for the support of lupus education, prevention and outreach programs in order to increase the public's understanding of the disease. (A.7896-A; Passed Assembly / S.5721; Finance)
Lauren's Law requires individuals who apply for a New York State Drivers License to complete the section of the application as it pertains to the organ donor registry by either "yes" or "skip this question" under the organ donor registry section of the application. (A.10039-B / S.7103-A; Chapter 465)
Prohibition on Tanning by Minors prohibits owners, operators, or employees of a tanning facility from allowing persons 16 years of age and under to use tanning beds and requires 17 year olds to get written parental consent to use tanning beds. (A.1074-B / S.2917-A; Chapter 105)
Access to Post Exposure Prophylaxis Treatment enables survivors of sexual assault who have undergone a forensic rape exam to receive a seven day starter pack of HIV post exposure prophylaxis (PEP) treatment. (A.669-C / S.3200-B; Chapter 39)
Access to the Adoption Registry allows persons born in another state, but adopted in New York State, and their birth parents and siblings, to be added to the adoption registry. (A.8307 / S.5145; Chapter 480)
Central Service Technicians Standards requires certification and continuing education for hospital central service technicians, who are responsible for the preparation, distribution and control of the sterile and non-sterile items of a medical facility. (A.8620-C / S.5155-D; Veto 157)
Accountable Care Organizations makes permanent the Medicare-only Accountable Care Organizations (ACO) and removes the cap on the number of ACOs that may be certified. (A.8869-B / S.6228-B; Chapter 461)
Surgical Technologists requires certification and continuing education for hospital surgical technologists. (A.9303-A / S.6511-A; Veto 158)
Electronic Cigarettes adds electronic cigarettes to the provisions governing the sale of tobacco products, herbal cigarettes and shisha. (A.9044-B / S.2926-B; Chapter 448)
Access to Death Certificates adds siblings of deceased persons to the list of family members authorized to obtain a death certificate upon request. (A.9107 / S.6314; Chapter 130)
Whooping Cough Vaccinations requires hospitals to offer whooping cough vaccination to parents or guardians of newborns being treated by the facility. (A.9381 / S.6500; Chapter 215)
Medicaid Home Care exempts Medicaid recoupments or reductions for certain home care providers from interest charges between April 1, 2009 and March 31, 2014 in order to provide relief to the home care industry from the impact of the state's rate adjustments. (A.9664-B / S.6493-B; Veto 161)
Telemedicine establishes procedures for credentialing and granting privileges to telemedicine providers in hospitals. (A.9834 / S.6970; Chapter 390)
New York State Donate Life Registry allows electronic registration confirmation, amendment and revocation for the New York State Donate Life Registry for organ and tissue donation. (A.9901 / S.6972; Chapter 158)
Prohibiting Body Piercing of Minors requires written parental consent for persons less than 18 years of age who want to receive a body piercing. (A.10095 / S.7446; Chapter 270)
Prohibit Smoking Near Schools prohibits smoking within 100 feet of primary and secondary school entrances and exits or outdoor areas. (A.10141-B / S.6854; Chapter 449)
Treatment Option Information requires that patients diagnosed with a terminal illness or condition be given information regarding other appropriate treatment options should the patient wish to initiate or continue treatment. (A.10373 / S.7596; Chapter 256)
Hospital Observation Units authorizes hospitals to implement an observation level of care for periods up to 48 hours, in a location or unit that is clinically appropriate. (A.10518-A / S.7031-A; Chapter 471)
HIGHER EDUCATION
SUNY / CUNY Community College Aid Increased in Budget provides $39 million in additional funding in the 2012-13 SFY Budget for SUNY and CUNY community colleges for the 2012-13 academic year and provides increased aid to state eligible community college students by $150 per full-time equivalent (FTE). (A.9057-D / S.6257-D; Chapter 57)
Collaborative Partnership for Nurse Practitioners authorizes nurse practitioners, who have been practicing for more than three years and 3,600 hours, to practice under a collaborative relationship with one or more physicians or with a hospital's physicians. (A.5308-A; Passed Assembly/ S.3289-A; Rules)
Pharmacists Administering Shingles Vaccine allows licensed pharmacists to administer the shingles vaccination to individuals who provide a prescription from a physician or nurse practitioner. (A.6301-D / S.3808-B; Chapter 116)
Scope of Podiatric Practice expands the scope of podiatry as a licensed profession by permitting the treatment of wounds related to areas of the foot and also defines the credentials necessary for podiatrists to practice podiatric standard ankle surgery and podiatric advanced ankle surgery. In addition, the bill stipulates guidelines for this credentialing to ensure qualified and certified podiatrists are competent to perform such surgeries. (A.9293-A / S.7800; Chapter 438)
Health Care Mandatory Reporting requires that when a complaint of sexual offense has been made against a licensed health care or mental health care provider during a treatment session, consultation, interview or examination, the investigating professional conduct officer or the Office of Professional Discipline must notify the appropriate law enforcement authority. (A.10336-B / S.7456-B; Chapter 365)
Private Proprietary School Licensure strengthens the supervision and regulation of non-degree granting proprietary schools by the Bureau of Proprietary School Supervision of the State Education Department. The bill also provides the mechanisms and resources it needs to continue to protect students and taxpayers, as well as, preserve and strengthen this important educational and economic industry. (A.7859-A / S.4268-C; Chapter 381)
HOUSING
Rental Increase Capped limits the amount a landlord could increase rent on a vacated rent-regulated apartment from 20 percent to 10 percent to preserve the availability of affordable housing. (A.2593-A; Passed Assembly)
Apartment Capital Improvements preserves incentives for landlords to make improvements on their properties but ensure that rents are not raised disproportionately on rent-regulated units. The bill also requires rent surcharges that are authorized for major capital improvements to buildings that contain rent-regulated units to cease when the cost of the improvement has been recovered. (A.2459-A; Passed Assembly)
Vacancy Decontrol repeals vacancy decontrol laws that permit landlords to remove rent-regulated apartments from regulation when rent equals or exceeds $2,000 per month. (A.2430-A; Passed Assembly)
Protection Against Unilateral Rental Rate Adjustment prevents a Rent Guidelines Board from adjusting rental rates in the absence of legislative authorization. (A.7234-A; Passed the Assembly)
Rental Formula Parity requires the rental formula used to determine rent increases for rent-controlled apartments by the Division of Housing and Community Renewal to be the same formula used by the Rent Guidelines Board to decide rent increases for rent-stabilized apartments. (A.1892-B; Passed Assembly)
Landlord Hardship Eligibility Time Frame Expanded increases the length of time a landlord must own a rent-regulated rental property before being eligible for a hardship rent adjustment from three years to six years. (A.2881; Passed Assembly)
Mitchell-Lama Housing Conversion requires buildings that are removed by their landlords from the Mitchell-Lama program to become rent-stabilized, even if constructed after 1974 in a municipality that requires rent regulation. (A.2750-A; Passed Assembly)
Section 8 Tenant Protections extends eviction and rent protections to those tenants living in former federal project-based Section 8 buildings, even if the building had been constructed after 1974, by subjecting the units to rent regulations if they are located in a municipality that requires rent regulations. (A.2994; Passed Assembly)
Landlord Apartment Personal Use Restrictions Permits landlords to take possession of one unit for their own primary residence in cases of immediate and compelling necessity except when a tenant has occupied the apartment for 20 or more years, in which case the unit cannot be recovered by the owner for his or her personal use. (A.3033; Passed Assembly)
Rent Overcharge Complaint requires an owner of a rent-regulated unit to comply with an administrative order issued more than four years prior to an overcharge complaint, as long as the order has not been revoked. This bill also requires a complaint of fraud to be reviewed by the Division of Housing and Community Renewal without regard to whether such fraud allegedly occurred prior to the four years preceding the filing of a complaint. (A.4900; Passed Assembly)
Tax Abatement Continuation Authorization provides communities with the ability to ensure the retention of federally subsidized affordable housing by authorizing municipalities to continue property tax abatements for up to 50 years. (A.9498 / S.6480; Chapter 415)
HFA Bonding Authority Enhanced increases the bonding authority of the New York State Housing Finance Agency (HFA) by $1 billion to help ensure the availability of affordable housing, bringing HFA's total bonding authority to $17.28 billion. (A.10050 / S.6899; Chapter 419)
Authorization for Neighborhood Housing Group Mergers permits existing Neighborhood Preservation Companies to merge resources and funding into one organization in order to better meet the housing needs of unserved and underserved areas of the state. (A.9843-A / S.7278-A; Chapter 295)
INSURANCE
Insurance Demonstration Program for Independent Workers extends, until 2014, the health insurance program for independent contractors and individuals who are self-employed, work part-time or obtain temporary work. (A.9225 / S.6841; Chapter 31)
Life Insurance Company Guaranty Corporation of New York increases the total assessment against all members of the Life Insurance Company Guaranty Corporation from $500 million to $558 million to ensure that consumers, who have policies with a certain domestic life insurance company that is subject to an order of rehabilitation, are made whole. (A.9607 / S.6507-A; Chapter 217)
Health Insurance Pilot Program for Early Retirees establishes a pilot program to ensure employees who have retired from an established New York company can retain the same health insurance coverage they received through their former employer. (A.9675-B / S.6740-B; Chapter 362)
Unclaimed Life Insurance Benefits requires life insurers to cross-check every policy, contract, certificate, and account against the Death Master File of potentially deceased individuals maintained by the U.S. Social Security Administration in order to locate missing beneficiaries for unclaimed life insurance benefits. The bill also requires the superintendent of Financial Services to develop and implement a lost policy finder to assist requestors in locating unclaimed life insurance benefits. (A.9845-B / S.6943-A; Chapter 495)
Health Insurance Reduction of Payments and Claims Denials prohibits a health insurer from denying payment to a hospital for medically necessary inpatient emergency services solely because the hospital did not notify the insurer of the services provided in a timely fashion. (A.9946-B / S.7071-B; Chapter 297)
Emergency Vehicle Uninsured/Underinsured Motorist Insurance Coverage clarifies that when a volunteer fire company or ambulance company purchases supplemental uninsured/underinsured motorist coverage that such coverage extends to their employees and members in the event that they are injured by an uninsured motorist while performing their official duties. (A.10090-B / S.7312-A; Chapter 496)
Workers' Compensation Rate Service Organizations extends from June 2, 2013 to June 2, 2018 the requirement that a workers' compensation rate service organization must receive approval from the Department of Financial Services before it can use certain financial and statistical information to determine workers' compensation rates. (A.10160 / S.6978; Chapter 237)
Deductibles for Physical Damage Insurance allows auto insurers to offer consumers a zero dollar deductible or a deductible that can be reduced to zero dollars as long as insurers inform consumers of the cost of such a deductible and the impact on the insured's policy and the circumstances under which the deductible may diminish or be increased. (A.10318-A; Passed Assembly)
Self-Fund Student Health Insurance Plans permits the superintendent of Financial Services to authorize certain public and private universities to self-fund their student health insurance plans. The bill requires any plan to be subject to the same consumer protections, benefits, rates, and premium requirements as a non-profit health insurer and to meet statutory minimum financial reserve requirements. (A.10577 / S.7314-A; Chapter 246)
Supplementary Uninsured/Underinsured Motorist (SUM) Coverage requires supplementary uninsured/underinsured motorist (SUM) coverage to be purchased in the same amount as the insured's bodily injury coverage unless the insured rejects such coverage or selects lower coverage amounts. This bill also allows the superintendent of Financial Services to decertify a durable medical equipment provider in certain instances under the state's no-fault law. (A.10784 / S.7787; Passed Both Houses)
JUDICIARY
Residential Foreclosure Cases requires mortgage lenders to file a certificate of merit in residential foreclosure actions, along with other appropriate documents that confirm indebtedness. (A.10395; Passed Assembly)
Update New York's Adoption Law synchronizes New York law with federal and international law with regard to foreign adoptions. (A.10179 / S.7548; Chapter 395)
Transfer of Probation Supervision clarifies the process for the transfer of probation supervision when a probationer lives or moves to another jurisdiction in cases involving child support, delinquency, PINS, and family offense cases. (A.10415-A / S.7589-A; Chapter 470).
Service of Process allows documents that are related to a legal process to be served upon a corporation through the Secretary of State in Albany or at another office of the Secretary of State. (A.8455 / S.5533; Veto 137)
Filing of Satisfaction of Judgment increases the penalties for judgment-creditors who have received full payment on judgments but do not file the appropriate satisfaction in court, thus further impairing the credit of judgment-debtors. (A.1889-B; Passed Assembly)
Unauthorized Practice of Law increases the penalty for the unauthorized practice of law from a misdemeanor to an E-felony, which is punishable by up to four years in prison. (A.5700-A / S.1998-A; Chapter 492)
Estate Administration clarifies the "anti-lapse" statute and creates greater consistency and certainty with other applicable laws involving the distribution of assets to beneficiaries of trusts and estates. (A.9478-A; Passed Assembly)
Estate Taxes of Non-Citizen Spouses reduces the expense and clarifies the procedure to obtain a marital deduction for the disposition of property to a non-citizen surviving spouse where no federal estate tax return is required. (A.9481; Passed Assembly)
Electronic Filing and Litigating allows the chief administrator of the courts to expand the use of electronic filing in litigation, including in the criminal and family courts. (A.10706 / S.7592-A; Chapter 184)
Child Support Enforcement expands the authority of Child Support Magistrates in Family Court to enforce child support collection laws. (A.10345 / S.7579; Chapter 468)
Jury Trials allows the court to retain alternate jurors after deliberations have begun, thus lessening the prospect of a mistrial if a juror becomes unable to continue to serve. (A.10376; Passed Assembly)
Notice of Claim Procedures enacts the "Uniform Notice of Claim Act," which standardizes procedures for the filing of tort claims against municipalities, public corporations, public authorities and other governmental entities. (A.10657-A / S.7641B; Chapter 500)
Property Owner Contact Information requires a lender foreclosing on a residential mortgage to designate a contact person and provide that person's contact information to the locality, who has the power to enforce the duty to maintain the property. (A.10524; Passed Assembly)
Appointment of Guardians provides judges presiding in Mental Hygiene Law Article 81 proceedings greater information related to the criminal history records of potential guardians, which is consistent with information provided to judges in custody and visitation proceedings. (A.10608-A / S.7587-B; Chapter 475)
Translation of Orders of Protection requires the essential terms of an order of protection to be translated into the native language of the parties involved by an interpreter appointed by the court to assist in the proceedings. (A.6113; Passed Assembly)
LABOR
NYS Minimum Wage raises the statutory minimum wage in New York State from $7.25 to $8.50 per hour, and for food service workers receiving a minimum cash wage, from $5.00 to $5.86 per hour, on and after January 1, 2013. The bill also provides that on each January after 2013 both rates shall be indexed to inflation. (A.9148; Passed Assembly / S.6413; Labor)
New York State Fair Pay Act prohibits an employer from discriminating against employees on the basis of sex, race and/or national origin by paying different wages. (A.6130-A; Passed Assembly / S.2200-A; Labor)
Spinal Injury Treatment Under Worker's Compensation extends until April 1, 2014, provisions of the law which allow general hospitals to be reimbursed for costs associated with procedures for spine-related injuries, pending the final adoption of federal regulations. (A.9657 / S.6806; Veto 160)
Debarred Entities Blocked from Public Works Bids establishes reciprocity with federal sanctions for wage violations by requiring that whenever an entity has been debarred under the federal Davis-Bacon Act, such entity will be barred from bidding on public works projects under New York's Labor Law. (A.7401-A; Passed Assembly / S.5659-B; Labor)
Prevailing Wage for Public Works Projects by Third Parties makes permanent provisions of law which authorized the Department of Labor to enforce prevailing wage laws on public works projects entered into by a third party acting in place of, on behalf of and for the benefit of public entities. (A.9832 / S.6923-A; Chapter 389)
Elevator Inspection Standards establishes guidelines and standards for the inspection and maintenance of elevators and other automated people moving devices. The bill also establishes the required licenses and certifications for individuals that would be authorized to perform such work. (A.8359-A; Passed Assembly / S.7026-A; Rules)
Female Workforce Education requires the Department of Labor to implement a workforce guidance policy that would educate and inform both men and women about higher paying jobs and careers including jobs traditionally underrepresented by women. (A.9020 / S.6429-A; Chapter 284)
Protects Employee Online Account Privacy prohibits employers from requiring an employee or applicant for employment to disclose identifying information used to access a personal account or service through an electronic communications device. (A.9654; Passed Assembly / S.6831; Rules)
LIBRARIES
Library Card Information requires school districts outside of New York City to distribute informational materials about the local public library to students enrolled in the school district. (A.8976; Passed Assembly / S. 4174-A; Finance)
Removes Library Merger Disincentives continues at least the same level of state aid formula funding for new library systems that were established through a merger. The bill removes any financial disincentive for a library system to consolidate with neighboring libraries to form one system. (A.10347 / S.7239; Veto 171)
LOCAL GOVERNMENTS
Mandate Relief, Piggybacking authorizes local governments and school districts to piggyback on contracts for goods and services from other public contracts anywhere in the country. This legislation will provide mandate relief and significant cost savings to local governments and school districts. (A.8034-C / S.5525-C; Chapter 308)
Mandate Relief, Local Government Borrowing Practices expands debt issuance options for localities by providing municipalities with greater flexibility to manage debt to meet the challenges and changing conditions of a community's financial needs. (A.10610 / S.7645; Chapter 91)
Not-for-Profit Piggybacking permits not-for-profits, in the interest of helping to reduce their operational expenses, to make purchases of certain goods and services through the county they serve. (A.8551-A; Passed Assembly)
Flood Relief Authorizes local governments and school districts to issue bonds to pay for expenses related to flooding that occurred in 2011. (A.9211 / S.6578; Veto 151)
State Comptroller Audit of Local Corporations authorizes the Comptroller to conduct audits of organizations, such as local development corporations, that are created by, controlled by, and created for the benefit of local governments, industrial development agencies and other local government entities. (A.9689; Passed Assembly / S.7540; Rules)
Constitutional Amendment Related to Local Debt extends, for 10 years, the exclusion of local debt related to sewer projects from a locality's constitutional debt limit. (A.9691 / S.7554; Received first passage and delivered to the Secretary of State)
MENTAL HEALTH
Justice Center for the Protection of People with Special Needs establishes uniform safeguards for people with special needs who are being cared for in residential facilities and day programs by provider agencies that are operated, licensed or certified by state agencies. The bill establishes safeguards to be implemented by a newly created Justice Center for the Protection of People with Special Needs, which contains a special prosecutor and inspector general, who has concurrent authority with local district attorneys to prosecute abuse and neglect of people with special needs.
The legislation establishes a 24/7 hotline to receive reports of abuse, neglect, and other significant incidents. In addition, the measure establishes a central registry for employees found guilty of certain allegations of abuse and neglect who would be permanently debarred from employment in any of the impacted state agencies. (A.10721 / S.7749; Passed Both Houses)
Access to Legal Services extends the jurisdiction of Mental Hygiene Legal Services (MHLS) to cover individuals with mental illness that reside in nursing homes. (A.126; Passed Assembly / S.3423-A; Finance)
Public Education Campaign for Veterans requires the Office of Mental Health, the Office of Alcoholism and Substance Abuse Services, and the Division of Veterans' Affairs to develop a public awareness campaign designed to eliminate the stigma of mental illness and chemical dependency amongst veterans and their families. (A.1070-A; Passed Assembly / S.4760A; Finance)
Prohibits State Agency Recoveries provides that when an action against the state for negligent or improper treatment in a department of mental hygiene facility results in a settlement or a judgment for a monetary award, the department would be prohibited from seeking recovery from such monetary awards. (A.4346-A; Passed Assembly)
Development of Guidelines for the Treatment of Victims of Sex Offenses requires the Office of Mental Health and the Office of Alcoholism and Substance Abuse Services to develop guidelines regarding the services available to victims of sex offenses in outpatient settings. Under the bill, such guidelines would include evidence-based, best practices on how to ensure victims are not re-traumatized by known sex offenders. (A.6573-B; Passed Assembly / S.7069A; Rules)
Extension of "Jonathan's Law" provides that family members of individuals receiving services in mental hygiene facilities have access to the service recipient's records. (A.9777-A / S.7475-A; Chapter 498)
Sharing Mental Hygiene Records provides that when information is obtained through "Jonathan's Law," it can be shared with a health care provider, a behavioral health care provider, law enforcement, if it is believed that a crime has been committed, or the recipient's attorney. (A.9037-A; Passed Assembly / S.6620-A; Mental Health)
Increased Access to Psychiatrists for Assisted Outpatient Treatment Proceedings requires the Office of Mental Health to make a psychiatrist available from a nearby OMH facility to counties with a population under 75,000 in order to provide examination and testimony during Assisted Outpatient Treatment hearings. (A.9130; Passed Assembly / S.5245; Mental Health)
RACING AND WAGERING
Casino Gaming Constitutional Amendment amends the state constitution to authorize no more than seven, non-Indian, casino gaming operations in the state. (A.9556 / S.6734; received first passage and delivered to the Secretary of State)
Consolidate State Gambling Operations establishes the New York State Gaming Association by merging the Division of Lottery and the Racing and Wagering Board. (A.9060 / S.620; Chapter 60)
Racetrack and OTB Rebate Programs creates a statutory framework for New York's horse racetracks and regional off-track betting (OTB) corporations to create rebate programs. The bill would require annual approval from the Racing and Wagering Board. (A.3648; Passed Assembly)
Catskill OTB Regional Expansion authorizes Catskill Off-Track Betting Corporation to accept wagers in the counties of Richmond, Queens, Kings, Bronx, and New York pursuant to a state approved business plan. (A.7301-B / S.5054-A; Veto 172)
Qualifications for NYS Gaming Commission requires at least one of the members of the New York State Gaming Commission to have significant experience in the prevention and treatment of compulsive gambling in order to reduce the risks associated with problem gambling. (A.10023; Passed Assembly / S.7305; Racing, Gaming & Wagering)
Creation of Legislative Task Force on Responsible Gaming establishes a legislative task force on responsible gaming which would provide recommendations to the New York State Gaming Commission in order to ensure the implementation of responsible gaming practices. (A.10054-A; Passed Assembly / S.7796; Rules)
Increased Nonprofits' Raffle Prizes increases the single prize amount for raffles to $100,000 from $50,000 and the aggregate prize amount for certain raffles to $2 million from $500,000 for any one license period. (A.10411 / S.7506; Chapter 326)
New York State Racing Franchise Accountability and Transparency Act of 2012 modifies the make-up of board membership of the New York State Racing Association. (A.10717 / S.7744; Chapter 457)
REAL PROPERTY TAXATION
Property Appraisal Assistance for Villages requires the commissioner of the state's Taxation and Finance Department to respond to the written request of village assessing units that are conducting property revaluations and need assistance from the state in the preparation of advisory appraisals involving highly complex properties. (A.9383 / S.63071; Chapter 62)
Green Construction / LEED Building Certification Tax Exemption authorizes municipalities to adopt a local law or resolution, after conducting a public hearing, to provide a real property tax exemption to the owners of properties that experience any increase in assessed value as a result of construction improvements that are Leading Energy and Environment Design (LEED) certified.
Under the bill, the exemption period varies depending upon the level of LEED certification starting with a 100 percent exemption for several years for any increase in assessed value due to construction, which would be phased out over four years. (A.1415-A; Chapter 188)
Foreclosure Avoidance through Expanded Tax Payment Period provides additional time for New Yorkers to pay property taxes and avoid home foreclosure by permitting localities to extend, temporarily, the maximum terms of installment payments for delinquent taxes from 24 to 36 months for agreements reached prior to December 31, 2013. (A.6790; Passed Assembly)
SMALL BUSINESS
Small Business Crime Prevention establishes the small business crime prevention services program. The bill would provide small businesses with information on strategies, best practices, training and assistance in the prevention of crimes that affect small businesses. The program would address crimes such as assault, arson, other violent felony offenses, robbery, burglary, theft, identity theft, fraud and property damage. (A.232-A; Passed Assembly)
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 solicits input from organizations representing small businesses regarding their energy assistance needs and identifies issues relating to energy availability, affordability and sustainability. (A.235; Passed Assembly)
Innovative Energy and Environmental Technology 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. (A.5149-B; Passed Assembly)
Minority and Women Business Enterprise Resource Directory requires the Department of Economic Development to create and maintain an online registry of state, federal, private and non-profit technical and financial programs that are available to minority and women-owned business enterprises and small businesses. (A.8036; Passed Assembly)
SOCIAL SERVICES
College Study to Meet Work Requirements allows participation in a four year post secondary education program to count as work participation for purposes of an individual's public assistance employment requirement. (A.2471; Passed Assembly / S.2323; Social Services)
Health Care Practitioner requires that when a physician of the local social service district examines public assistance applicants or recipients to determine eligibility for a work limitation or a work exemption, they must consider the records and diagnosis of the applicant's treating physician. (A.2957; Passed Assembly / S.1326; Referred to Senate Committee on Rules)
Domestic Violence Shelter Stay Extender permits a second 45 day extension, if needed, in a domestic violence shelter. (A.2651-B / S.6308-A; Chapter 459)
Food Stamp Name Change changes the name of the Food Stamp Program to Supplemental Nutrition Assistance Program (SNAP) to reflect the federal change in 2008. (A.8005 / S.5673; Chapter 41)
TOURISM, PARKS, ARTS, AND SPORTS DEVELOPMENT
Adopt a Park Program directs the Office of Parks, Recreation and Historic Preservation to work with interested municipalities to establish adopt-a-park programs and allow for volunteers to aid in the maintenance and beautification of municipal parks. (A.3409-B / S.2686-B; Veto 139)
Tourism Website Promotion requires the New York State tourism website to be displayed in state funded advertisements, including online commercials, advertisements and public service announcements in order to increase tourism activity throughout the state. (A.7102-A; Passed Assembly)
"I Love NY" License Proceeds requires that revenues gained from the licensing of the "I Love NY" logo be dedicated to supporting tourism in the state. (A.9605 / S.663; Veto 169)
Ticket Sales for Entertainment Events extends the current regulations for the sale and resale of tickets to places of entertainment to 2013, continuing consumer protections for the free market sales of tickets and the prohibition against restricted paperless tickets. (A.9844 / S.6581-A; Chapter 28)
TRANSPORTATION
School Bus Safety establishes a School Bus Motorist Education Program to educate motorists of the dangers of passing stopped school buses in order to reduce the number of violations and promote school bus passenger safety. (A.1178; Passed Assembly/ S.5741; Transportation)
Seat Belts in Rear Seats prohibits any person 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)
Parking Access Aisles requires access aisles of parking spaces reserved for persons with disabilities to be at least eight feet wide. (A.3363 / S.3170; Chapter 274)
Accident Reports requires the Department of Motor Vehicles, when processing accident reports, to give priority to reports involving serious physical injury or death for the purpose of identifying accident locations in need of improvement. (A.4216; Passed Assembly)
Intercity Bus Operations authorizes an intercity bus passenger service permit system in the City of New York, for the loading and unloading of passengers on the city's streets. (A.4578-A / S.4313-B; Chapter 410)
Disabled Parking authorizes optometrists to certify a patient's disability for the purpose of obtaining a license plate for disabled parking. (A.7574-A / S.1340-A; Chapter 277)
Muni-Meter Parking provides an affirmative defense to a parking ticket if a muni-meter receipt was purchased before, or up to five minutes after, a ticket was issued. (A.9353-C / S.6727-B; Chapter 486)
Veterans' Identification directs the Department of Motor Vehicles to provide distinguishing marks on drivers' licenses and non-driver ID cards to identify the holder as a U.S. veteran, which would be available upon request. (A.9611 / S.6799; Chapter 487)
VETERANS AFFAIRS
Veteran Employment Assistance requires the Division of Veterans' Affairs to maintain and annually update the veterans' employment portal that will feature virtual links to appropriate governmental employment assistance programs and requires the portal's information to be available online and in print. (A.8932-A / S.7766; Chapter 269)
Military Sexual Trauma requires the Division of Veteran's Affairs to develop a program that will assist New York's veterans who are suffering from military sexual trauma (MST). (A.10068-A; Passed the Assembly)
Agent Orange Extender extends to June 15, 2014, the deadline for filing suits against the producers of Agent Orange. Under the bill, those persons whose injury or death was caused from contact with or exposure to phenoxy herbicides and who served as members of the armed forces in Indo-China from December 22, 1961, through May 7, 1975, would be eligible to apply. (A.9104 / S.7521; Chapter 69)
Veterans Mental Health Act directs the state Veterans' Affairs Commission to develop and update, in consultation with the Office of Mental Health and the Department of Labor, a state interagency plan to improve outreach, assessment, and care for veterans and their families for mental health and /or substance abuse problems. (A.9415 / S.6640; Chapter 463)
Information on Certain Veterans Populations requires the New York State Division of Veterans' Affairs to compile information concerning the state's most vulnerable veteran populations. Under the bill, the data would be used to determine whether the state is effectively meeting the needs of veterans, including those individuals who are incarcerated or may need mental health services. (A.2102-A / S.7476 Veterans; Veto 131)
Civil Service Credit for Disabled Vets amends the New York State Constitution to allow a person who has received an appointment through the civil service system to be entitled to additional credit if the individual was classified as a veteran with disabilities after the first appointment or promotion. (A.2088 / S.1311; received first passage and delivered to the Secretary of State)
Veteran Memorials Change in Status allows municipal corporations to adopt a local law, or in the case of a school district or board of cooperative educational services a resolution, to authorize a change in status of a military monument or military memorial under their jurisdiction. (A.9648-A / S.7256-A; Chapter 439)