Votes in the NYS Senate for the Week of May 20, 2019

The bills listed below were voted on this week in the New York State Senate.  The legislation is listed by bill number and includes a short description, followed by Senator Gallivan's vote.  You can access each bill individually at the links provided below.

S1143  Requires every mandated reporter to make a report to the register unless the register has knowledge of the incident. This legislation is meant to provide clarity and uniformity to all appropriate state agencies on reporting requirements that have already been adopted by the Office of Mental Health and by the Office of Alcoholism and Substance Abuse Services as it relates to the Justice Center.
NAY  (Should not be any exceptions.)

S3247A  This legislation would authorize firefighters and law enforcement officers outside of New York City to possess and administer epinephrine.
AYE

S3944A  To extend eligibility of death benefits and accidental disability benefits in relation to any health condition of impairment of health caused by diseases of the heart to correction officers, correction supervisors, deputy sheriff patrol officers or deputy sheriff patrol supervisors.
AYE

S3971B  Creates a temporary state commission to study and investigate how to regulate artificial intelligence, robotics and automation; and repeals such commission.
AYE

S211  Requires boards of election to post as soon as practicable the date, time and offices to be voted on in a special election. The board of elections shall additionally include a link to poll site information or a poll site locater, wherever possible.
AYE

S3738  Authorizes the town of East Hampton, county of Suffolk, to reduce the maximum speed limit along certain designated streets in such town to not less than twenty miles per hour.
AYE

S4173  To make technical corrections to the volunteer firefighter enhanced cancer disability benefits program by clarifying additional information that can be submitted on behalf of the firefighter that he or she has met the eligibility requirements of the statute.
AYE

S4570B  Authorizes the Board of Fire Commissioners of the East Northport Fire District to receive retroactive real property tax exempt status.
AYE

S2489  Permits local sanitation departments install and use security cameras in order to help enforcement officers identify and fine individuals who have engaged in illegal dumping.
AYE

S4449  Eliminates the expiration date authorizing the NewYork Botanical Garden to charge a fee for admission by the general public to help sustain the organization's operations and botanical exhibits.
AYE

S4683  Directs the court to provide notice to the former owners of foreclosed property of the right to file a claim for the excess funds from the sale of the real property.
AYE

S2975  This bill would require the Secretary of State to create and maintain an inventory (centralized database) of State boards within the Department. The database shall include information on membership, meeting times, statutory language establishing such board, contact information, website address, brief description of the purpose, duties, a list of required reports, size of the board, current members names and qualifications of the members, if members are eligible for payment of expenses or other compensation, dates and locations of all meeting held or will be held in the next 6 months and any other information the Secretary of State requires.
AYE

S1665  Authorizes the commissioner of general services to transfer and convey certain unappropriated state land, the Freeport Armory, to the village of Freeport.
AYE

S5239  Authorizes the empire state development corporation to develop a public awareness campaign promoting businesses located in New York state; requires the creation of the Buy New York Online Networking Directory to connect purchasers with businesses located in New York.
AYE

S439  This bill would amend the Executive Law by adding a new section 159-b, which would set definitions for a variety of terms including chemical plant, class B firefighting foam, fire fighting personal protective equipment, local governments, and PFAS chemicals. PFAS chemicals is the umbrellas term for the man-made chemicals PFOA and PFOS. It would also mandate that no person (individual, association, partnership, etc.), local government, or state agency would be able to discharge for training purposes or for other uses, class B firefighting foam that contain PFAS chemicals.
AYE

S1079  Requires the department of labor, in consultation with the education department, the office of temporary and disability assistance, the office of children and family services, and any other entity the department deems appropriate, to produce a report regarding summer youth employment programs funded by state, federal and local appropriations.
AYE

S3922  To allow any member of the division of law enforcement in the Department of Environmental Conservation, Forest Rangers, University Police Officers, and the Regional Park Police who is injured in the performance of his or her duty and can no longer perform his or her duties due to the injury to receive three quarters accidental disability retirement.
AYE

S3903  Eliminates the one thousand dollar ($1,000) filing threshold to require all candidates or their authorized committee to electronically file with the NYSBOE. It also removes language requiring local and County filers to file with County Boards of Elections.
AYE

S3969A  Authorizes treatment of workers' compensation injuries by an occupational therapy assistant and a physical therapist assistant.
AYE

S5421  Adds licensed massage therapists to the list of authorized providers of workers' compensation.
AYE

S643  Permits an insurer to rescind or retroactively cancel a policy in circumstance involving an accident staged to defraud an insurer.
AYE

S1645B  Requires all new private, one-family and two-family home construction contracts to include a cost estimate for installation of a fire sprinkler system.
NAY  (Information required to be disseminated according to this bill is already provided in a different format. This bill could pressure consumer to purchase the system.)

S2187A  Provides that an individual shall not become ineligible under the EPIC program due to an increase in social security benefits or a public or private pension where such increase does not exceed the consumer price index.
AYE

S2352B  This bill would include a supplemental study to be conducted as part of the New York State Energy Plan to determine the technical and economic feasibility of meeting a 100 percent renewable energy goal and a 100 percent greenhouse gas (GHG) emission reduction goal, along with associated impacts to electric system reliability.
AYE

S2068  Waives the residency requirement for the city attorney in the city of Mechanicville, Saratoga county.
AYE

S3064A  Establishes a task force on veteran employment opportunities, including membership requirements and powers and duties of the task force; and provides for the repeal of such provisions.
AYE

S2245  This bill increases the amount of withdrawal transactions allowed at no additional charge for basic banking account holders aged sixty and older from eight to twelve.
NAY  (This bill adds additional regulations and would further undermine the state charter.)

S1283  Establishes a public service commission nominating board to make recommendations of persons qualified for appointment as commissioners of the public service commission.
NAY  (Does not remove politics from the selection process.)

S2469  Requires the state university of New York and the city university of New York to examine and conduct a study on the availability of campus services, programs and resources for veteran students.
AYE

S4925A  To amend the existing geriatric mental health act to expand the advisory scope of the interagency geriatric mental health planning council to include issues of substance abuse, chemical dependence, and compulsive gambling.
AYE

S5122A  This bill would prohibit the Long Island Power Authority (LIPA) or any third party power suppliers from receiving a refund of any property taxes due to LIPA resulting from any successful tax certiorari case. Any municipality, governmental subdivision or school district would not be liable for refunding any property taxes that a court rules was improperly assessed on LIPA property.
AYE

S874  This bill requires that every resident of an adult care facility or other person legally authorized to make decisions to be fully informed by his or her physician, or other health or mental health provider of his or her medical condition and proposed medication, treatment, and services, unless medically contraindicated; and to refuse medication, treatment, and services after being fully informed of the consequences of such actions. The bill also provides that a resident or other legally authorized person shall not hold such operator acting reasonably and in good faith liable or penalized such provider for complying with the refusal of such medication, treatment or services.
AYE

S5113  This bill amends section 1370 of the PHL to require a majority of the appointed voting membership of the advisory council on lead poisoning prevention shall constitute a quorum.
AYE

S4566  This bill amends Correction Law § 146(1) to make it clear that visiting legislators may bring their staff into correctional facilities.
AYE

S5323  To extend the possibility for Boards of Cooperative Educational Services (BOCES) to enter into leases with non-public entities not to exceed twenty years until July 1, 2024.
NYSUT; NYS School Boards Association
AYE

S297  Requires transmitters of money to provide a warning which informs consumers of certain fraudulent activities that may occur.
NAY  (Unnecessary and a burdensome statutory requirement.)

S3548  Directs the Governor to submit a five-year capital plan that meets 100 percent of the critical maintenance needs identified by each public university system or annually reduces the facility condition index for each university system.
AYE

S4347  To codify the federal prohibition on not-for-profit corporations participating or intervening in political campaigns.
NAY  (Stifles free speech.)

S4575  Establishes a program to provide education and training to individuals fifty years of age and older regarding the transition to an entrepreneur and small business developer.
AYE

S4407  Provides for the regulation of reverse mortgages that are issued under the federal home equity conversion mortgage program; prohibits the deceptive advertising and issuance of such mortgages; requires that independent counseling be provided to applicants for such mortgages; requires lenders to provide notice of duty of mortgagor to pay certain property related expenses when equity in the real property is low or depleted; prohibits foreclosure on mortgaged property based on the failure of the mortgagor to live on the property, until an inspection has been made at the property; establishes a proved right of action with treble damages for violations of such provisions.
NAY  (The state should not be regulating federal programs.)

S4408  Requires an authorized lender which seeks to foreclose upon a reverse mortgage issued under the federal home equity conversion mortgage program to provide notice thereof to the department of financial services and to the mortgagor; directs such department to provide notice to the mortgagor of legal service organizations which may assist them with the default or foreclosure; prohibits authorized lenders from making advance payment of debts upon the mortgaged real property.
NAY  (The state should not be regulating federal programs.)

S5489  Requires the state office for the aging to include reports on older adults who are primary caregivers or guardians of minors and on substance use disorders among older adults in the office's annual reports to the governor and legislature.
AYE

S5557  This bill would permanently allow the local governing body to authorize an increase in the allowable annual income of a household to $50,000 in order to qualify for the Senior Citizen Homeowners Exemption (SCHE) and the Disabled Homeowners Exemption (DHE) from $29,000 to $50,000.
AYE

S5291  This bill would extend, Statewide, the suspension or demotion provisions to the non-competitive and labor classifications in the event of consolidation or abolishing of positions. Additionally it repeals section 80-a of the Civil Service Law which includes provisions related to the suspension or demotion upon the abolition or reduction of non-competitive class positions in the State service.
AYE

S2740A  Establishes the congressional chartered veterans service organizations fund and provides for gifts made to such fund on an individual's personal income tax return.
AYE

S4477A  Requires the New York State Division of Veterans' Services to post on its website information related to the Division's veterans' services application that is available for download.
AYE

S2125  Authorizes a person holding the office of assistant district attorney in the county of Lewis to reside in an adjoining county within the state.
AYE

S2935A  Requires certain engineering plans or specifications for engineering work or services that could pose a material risk to public safety to bear a stamp of approval of a professional engineer and authorizes the public service commission to promulgate rules and regulations relating to such requirement.
AYE

S4978  This bill permits an Assistant District Attorney for Washington County to reside in an adjoining county.
AYE

S3834  Authorizes summer camps to hire licensed social workers, physical therapists, psychologists, athletic trainers, mental health care professionals, occupational therapists and other licensed professionals to provide services.
AYE

S4841  This bill authorizes physician assistants to act in relation to orders not to resuscitate (DNRs), orders pertaining to life sustaining treatment and to make capacity determinations for purposes of witnessing and implementing health care proxies.
AYE

S3186  Establishes "Brendan's law"; requires child day care centers, public institutions for children and certain other facilities installing new or replacement window coverings to install cordless window coverings; requires child day care centers, public institutions for children and certain other facilities that have window coverings in place before the effective date of this section to meet safety standards established in ANSI/WCMA A 100.1-2012 or any successor standard.
NAY  (While laudable, this bill will place an undue financial hardship on foster care agencies and day care centers. Regulated by DOH.)

S2680  Authorizes the use of campaign funds for childcare expenses where they are incurred as a direct result of campaign activity.
AYE

S5024A  This bill would enact the New York State Reuniting Families Act. Current law requires Social Service districts to file a petition to terminal parental rights if a child has been in foster care for fifteen months of the most recent twenty-two months. Certain exceptions are provided such as in the case where the parent is incarcerated or in a residential substance abuse treatment program. The bill amends current law by including an exception for individuals who are in immigration detention or immigration removal proceedings.
AYE

S1975  The bill would amend section 527 of Racing, Pari-Mutuel Wagering and Breeding Law to have Yonkers Raceway maintain its regional track designation now that ownership has transferred to MGM.
AYE

S1603  This bill amends section 2118 of the insurance law regarding excess line coverage, to remove the requirement that excess line brokers must obtain a declination from the medical malpractice insurance pool before the broker can place primary malpractice insurance in the excess linemarket.
AYE

S4019  Requires that a retail lessee shall not be liable for charges for the early termination of a retail lease agreement of a motor vehicle if he or she has deceased before the end of such lease.
AYE

S3987  The bill would amend the Real Property Law to add a new section 220-a relating to ground leases. The bill defines such a lease as one with a term of at least 10 years for the use of real property, which allows a tenant to improve structures on the property. It goes on to provide that if a ground lease contains no express provision prohibiting a lessee from encumbering its interest in a ground lease, the lessee may encumber that lease up to its entire interest in the ground lease. If the lessor's permission is required to finance the property, the lessor may only refuse to grant that permission for reasonable cause, and must set forth that reasonable cause in writing. Any provision in the lease limiting the amount a lessee can encumber of its interest, must be adjusted upward annually on the first day of October of each year by the change in the regional consumer price index.
AYE

S5513  OCA DEPARTMENTAL - This legislation establishes that a testator may by will dispose of or appoint all or any part of their estate to a trustee of a trust regardless of whether any assets have been transferred to the trust prior to the death of the testator.
AYE

S5515  OCA DEPARTMENTAL - This legislation would change the date the maintenance income cap is adjusted from January 31st to March 1st, biennially. Moving the date to March 1 would line it up with the Child Support Combined Income Cap. The legislation also increases the maintenance cap from $175,000 to $184,000 to adjust for the consumer price index.
AYE

S4166  Authorizes the observance of September 11th Remembrance Day in public schools and a brief period of silence in public school classrooms at the opening of such day.
AYE

S4009  Allows polling places for school elections in city school districts of cities with less than one hundred twenty-five thousand inhabitants to open at 6:00 a.m.
AYE

S4521  To allow a retired police officer who is hired by a school district to be employed as a school resource officer with a salary up to $65,000 to be eligible to continue to receive their full retirement benefit.
AYE

S5129  This legislation would provide that numbered and perforated ballot stubs are not required if the state BOE implements a ballot accountability process.
NAY  (This legislation would cause voter security concerns by removing a voter's ability to hand mark their ballots at the time they cast their vote at the polling place. The ballot stub provides the number of voters at a given precinct.)

S3964  This bill would allow employers to provide an accidental disability retirement pension for deputy sheriffs to receive 3/4 three-quarters of their final average salary (minus any workers compensation).
AYE

S218B  Relates to requiring anaphylactic policies for child care services setting forth guidelines and procedures to be followed for both the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis.
AYE 

S3665  This bill would authorize an employee to request a flexible working arrangement that meets the needs of the employer and employee. This bill defines "flexible working arrangement" as meaning "intermediate or long term changes in the employee's regular working arrangements,including but not limited to, changes in the number of days or hours worked, changes in the time the employee arrives at or departs from work, work from home, or job-sharing. It shall NOT include vacation, routine scheduling of shifts, or another form of employee leave.
NAY  (Language in the bill is too vague. Also, too much uncertainty for businesses. Entrusts to much power with the Department of Labor.)

S5690  This bill amends the Urban Development Corporation Act to require the Urban Development Corporation(UDC), in collaboration with the Office of Children and Family Services and the Office of Temporary and Disability Assistance to identify five economically distressed areasthroughout the State, and in those areas to evaluate child care programs that are intended to serve low-income working families.
AYE

S5937  This bill would amend § 9-1710 and § 71-0703 of the Envi-ronmental Conservation Law (ECL) to extend, until June 1, 2020, DEC's authority to prevent the spread of aquatic invasive species.
NAY  (Punitive and the program does not include a public education component.)

S753A  Directs the office of children and family services to study, make recommendations on and report on child day care and child care assistance and the availability of funding therefor.
AYE

S3563A  This bill would require the anchoring of furniture and electronics in child day care centers and certain other facilities.
NAY  (Language in the bill is too vague and the cost to implement outweigh the benefit.)

S3788A  This bill would prohibit the sale or lease of any crib bumper pad, and would prohibit any child care facility or place of public accommodation from having any crib bumper pads on the premises. Violations carry a fine of $500 per violation with each sale. Mesh liners are exempted.
AYE

S3904  This bill would authorize Robert V. Vassallo, Sr. to reapply for a disability retirementfrom the New York State Police.
AYE

S4165  This bill would make the filling of borrow pits in Jamaica Bay permanent. The current provisions is set to expire on June 30, 2022.
AYE

S4181  This bill would require information be made available regarding window blind safety and the potential fatal consequences from strangulation posed by window blinds.
NAY  (Not necessary. Information is already available.)

S4916  This bill grants James G. Lynch retirement from the New York state and local employees' retirement system on June 10, 2016.
AYE

S5409  This bill would extend the successful program which authorizes political subdivisions to donatetheir unused or obsolete computer equipment until July 1, 2022.
AYE

S6145  This bill is a chapter amendment to S.5072-A thatmakes various technical changes to limit the scope of the taxpayers whose returns and tax return information would be required to be shared with congress by the Commissioner of Taxation and Finance, upon request from the 1) House Ways and Means Committee; 2) U.S. Senate Finance Committee; or 3) Joint Committee on Taxation of the U.S. Congress.
NAY