2018 Legislative Update (August)

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2018 SESSION REVIEW

Unless otherwise noted, both houses of the State Legislature have approved the following pieces of legislation, which now go to Governor Andrew Cuomo for final action:

• Consumers would become better informed about the price of prescription drugs and certain industry practices would be prohibited to help fight the rising cost of prescription drugs (Senate Bill Number 6940)
• An unintended new tax on not-for-profits is eliminated by excluding payments for transportation costs from taxation to ensure that not-for-profits can continue to perform their missions (S8831)
• Extends the current law authorizing “cooperative purchasing” to allow local governments to save on costs by utilizing existing federal, state and local government agency contracts for the purchase of goods and services (S2947)
• Mandates on local municipalities are eased by eliminating the requirement that local agencies must file numerous “hauling permits” every year for each vehicle and trailer in their fleet (S2904)
• A proposed amendment to the State Constitution given first legislative approval would prevent unfunded state mandates on local governments (S8400)
• The current salary cap for BOCES CTE instructors would be increased from $30,000 to $50,000, phased-in over five years, to help attract and retain qualified and skilled teachers (S1469)
• First-time offenders of state small business regulations would be given a reprieve from paying fines to help foster a productive relationship between the state and small business owners (S4120). A related measure would amend the State Administrative Procedure Act to increase the revised rule public comment period

from 30 days to 45 days (S6916)

• A “Digital Currency Task Force” would be established to study how to regulate cryptocurrencies in New York State (S9013)
• The existing Department of Agriculture and Markets Farmland Protection Implementation Grant Program is strengthened to better protect farmland, improve the chances of farmer-to-farmer property transactions, and keep active farmland in use (S8362)
• State policy would encourage pollinator-friendly landscapes on solar farm sites (S6339)
• The sale of beer and hard cider ice cream would be authorized to help dairy farmers, craft beer and cider producers, and food retailers and restaurants meet the growing demand by consumers for these new and innovative dairy products (S8830)
• Screening tools and guidelines for autism spectrum disorders (ASD) in children three years of age and younger would be established (S8955)
• Hospitals would be allowed to establish non-patient specific orders for the care of healthy newborns by an attending registered nurse (RN) (S8774)
• Smoking would be prohibited at all times in areas that provide child care services, specifically daycares, in order to protect children from the harmful effects of second- and third-hand smoke (S7522)
• A temporary commission would be created to evaluate the current activation criteria of the AMBER Alert, its notification procedures once activated, and the partners and methods used to disseminate information (S9004)
• A Class A misdemeanor would be established for a caregiver who makes a false written statement that misrepresents their background for employment (S9070)
• The types of educational settings required to report child abuse would be expanded and the professions required to receive training to identify and report abuse would be increased (S7372)
• A temporary state task force will be created to examine, evaluate and make recommendations concerning child abuse and neglect prevention efforts in the state with the goal of preventing child removals, lowering foster care placements, and increasing family reunification (S7285, Chapter 12 of the Laws of 2018)
• Taxpayers would be allowed to donate to regional food banks when filing their income taxes through a new “Gifts to Food Banks Fund” voluntary tax check-off (S8938)
• Strengthens protections for consumers from fraudulent solicitation on behalf of a charitable organization (S3780)
• The state Education Department would be directed to establish and implement a museum education grant program (S1676)
• Provides for the establishment of a statewide centralized system for the delivery of books, including electronic books (e-books) and other non-print library materials to achieve fiscal savings for libraries statewide (S6424)
• School districts would be given the option to contribute toward the cost of hiring additional crossing guards to help ensure the safety of children walking to and from schools (S367)
• Random drug and alcohol testing for all school bus drivers would be required (S2587)
• The cost of college textbooks would be reduced by promoting pricing transparency and alternatives to conventional textbooks, such as e-books (S6608)
• The construction of public water mains and connections would be added to the list of projects eligible for Water Quality Improvement funding so that water supplies that have been contaminated by toxic chemicals or hazardous substances can be fixed to protect public health (S7853)
• The state Health Department would be directed to post on its website information relating to emerging contaminant notifications levels and make educational materials easily accessible to the public (S6655)
• The New York State Energy and Research Development Authority (NYSERDA) would be required to establish a program to provide incentives to owners for the construction of energy efficient and environmentally sustainable affordable residential homes (S7321)
• A new identification card would be created to help improve communication with people who have developmental disabilities (S2565)
• Out-of-pocket expenses for prostate cancer screening would be eliminated to help save lives through early detection and treatment (S6882)
• Survivors of sexual assault would be better informed of their various rights to fair and sensitive treatment during the investigation of their crime through the establishment of a “Sexual Assault Survivor Bill of Rights” (S8977)
• Residents receiving Medicaid benefits through the Assisted Living Program (ALP) and living in assisted living facilities would be allowed to have access to hospice services in their assisted living facilities (S8353)
• The “Living Donor Protection Act of 2018” would be enacted to ensure New Yorkers receive reliable, accurate information about live organ donation, and also to help guarantee that those who donate are protected against discrimination with regards to insurance and paid family leave benefits (S2496)
• The State Office of Mental Health (OMH) would be required to develop educational materials regarding suicide prevention for New York State universities and community colleges. Suicide is the second leading cause of death among persons aged 10-24 years old, according to Center of Disease Control and Prevention (S5860)
• The “Substance Use Disorder Parity Report Act” would be enacted to require insurers and health plans to submit certain data to multiple state agencies as a way of measuring compliance with federal and state mental health and substance abuse parity laws (S1156)
• The use of medical marijuana for the treatment of substance use disorder or as an alternative to opioids for the treatment of episodic pain would be authorized (S8987)
• The “Military Family Relief Fund” would be established to provide financial assistance to the families of soldiers who are suffering economically as a result of line-of-duty related injury or illness (S9044)
• A task force to study and improve the job market for veterans would be created (S936)
• An annual increase would be provided to the Gold Star Parent Annuity (S1124)
• The “New York State Silver Rose Veterans Service Certificate” would be established for veterans exposed to dioxin or phenoxy herbicides during military service (S6606)
• Short- and long-term safe houses for victims of human trafficking would be established and operated by not-forprofit agencies to provide a variety of services to support victims (S8305)
• The permitted use of TSA body image scanner devices in correctional facilities across the state would be expanded as part of an effort to reduce a high level of inmate “slashing” violence through the use of smuggled blades (S5337)
• Full retirement benefits for surviving family members of a corrections officer who dies in the line of duty would be guaranteed (S7525)
• The commissioner of the Division of Homeland Security and Emergency Services would be directed to develop a plan that would allow more skills training requirements for volunteer firefighters to be completed at a trainee’s home department or online as part of the overall effort to attract new volunteers (S7373)

For more information on all of the above actions, and other legislation approved during the 2018 session, click here.