Votes in the NYS Senate for the Week of May 27, 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.

S2705  The bill would expand the definition of disability under Executive Law (Human Right's Law) to include individuals who are substantially limited by one or more major life activities. This bill would amend the executive law to include therapy dogs and cats, regardless of breed of the therapy dog or cat, within the class of animals protected from unlawful discriminatory practices. This bill also amends the Ag & Markets Law to include personal residences in the list of sites where therapy dogs and cats may work. This bill also amends the Executive Law to include housing services and housing discrimination in the scope of issues that the State Veterans Agency is tasked with handling.
AYE

S2979A  Provides for the establishment of the "Volunteer Exempt Firefighter's Benevolent Association of Huntington Manor".
AYE

S3599  Enacts the accessible electronic information act for blind and disabled persons; creates a new fund in the state finance law; authorizes a not-for-profit entity to administer the program. Would require the PSC to collect an additional fee from telecommunications companies to be used for providing electronic distribution of newspapers, periodicals, time sensitive materials and other information that would benefit the blind community.
AYE

S2157  Includes the Sawkill Creek in Ulster county within the definition of "inland waterways" for the purposes of waterfront revitalization.
AYE

S211A  This bill requires local boards of election to post on its website not less than two weeks prior to any special election, the date and hours of the election, the offices to be voted on in the county, part of a county, or the city of New York, and a link to any poll site information or polllocation tools, where available.
AYE

S3476  Establishes the Jamison Road Volunteer Fire Benevolent Association, a not-for-profit corporation whose primary purpose is to provide relief, aid and assistance to the volunteer members of the association who were disabled or injured in the line of duty, and to their families.
AYE

S2960B  Establishes as part of the pre-licensing requirement for a drivers license a "school bus safety" awareness component. This bill was recalled and amended to add the word "awareness" and to make several other technical changes.
AYE

S1672A  Directs the commissioner of the Office for People With Developmental Disabilities to provide for the oversight of facilities and providers of services under section 16.03 of the mental hygiene law relating to the management of the cash accounts of residents. Oversight of resident's cash accounts shall include a statewide policy mandatingaudits, policies governing the purchase of gift cards, and prohibiting the use of self-generated receipts as evidence of meal purchases by cash custodians for meals outside of the residence.
AYE

S1674  Establishes the office of the advocate for people with disabilities to advocate on behalf of persons with disabilities and assure that persons with disabilities are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of the state of New York.
AYE

S3891  This bill would authorize individuals with a disability (physical, mental or medical) impairment to terminate their lease when the individual can no longer live independently. The disabled person would be required to provide documentation of the physician's certification.
AYE

S5110  Provides that Westchester County may elect to designate its commissioner or director of consumer affairs as its director of weights and measures.
AYE

S4159  Extends the authority of Erie County to issue serial bonds or notes for another year - until June 30th, 2020. FORMER SPONSOR.
AYE

S2244B  This bill would amend section 16 of AML to establish a New York State Council on Food Policy to develop and recommend food policy for the state, which recognizes that it is in the best interests of the state to ensure the availability of an adequate supply of affordable, fresh, and nutritious food for its residents. The Council would accomplish this by the following: developing and recommending state policies to expand agricultural production; develop and recommend a strategic plan for the implementation of the food policy; offer comments on state regulations, legislation and budget proposals related to food policy; assist state agencies with the purchase of local farm or food products; assist local farm and food entrepreneurs to identify and secure necessary resources and equipment; facilitate the building of infrastructure to move products to markets; facilitate the use of public lands for growing local farm or food products; and other actions that facilitate the improvement of the local farm and food economy.
AYE

S3467  This bill amends the public authorities law so that Onondaga County Water Authority may purchase, construct, lease and operate water systems and properties in all towns listed previously as well as the Town of Parish.
AYE

S2576  This bill prohibits an owner or landlord from collecting rent during the period of time in which there was no valid certificate of occupancy and allows the department (charged with enforcement) to require persons to vacate any dwelling deemed a nuisance as defined in multiple residence law section 305. NOTE - The multiple residency law applies to all cities with a population less than 325,000 and all towns and villages.
NAY  (Infringes on the free market.)

S5476  The bill amends Racing, Pari-Mutuel Wagering, and Breeding Law to codify the existence of the Racing Fan Advisory Council, which was previously created through resolution adopted by the Racing and Wagering Board in 2011 and subsequently reapproved by the Gaming Commission in 2016.
AYE

S1631  This bill requires disclosure from a seller as to whether the vehicle being purchased is missing an inflatable restraint system or contains a non-functioning inflatable restraint system. Requires notice to be in writing on the front of the sales contract, receipt, invoice or other document used in connections with the sale of the vehicle, and requires a conspicuous sign on the windshield of each vehicle for sale that discloses the vehicle is either missing an inflatable restraint system or contains a non-functioning inflatable restraint system.
NAY  (NYS does not require inspection of working airbags.)

S4469  This bill would authorize appropriately trained individuals that register with SED and are under the supervision of Optometrists or Ophthalmologists to administer dilating eye drops necessary for the purpose of a comprehensive eye exam. Further, this bill would authorize Optometrists and Ophthalmologists to delegate that task to such individuals without the fear of professional misconduct.
AYE

S1650  This bill would add a new section to the civil rights law providing that, upon request, places of public accommodation, resort or amusement shall enable the closed captioning on all televisions located in public areas. There is an exception for a television that does not have closed captioning and only requires one television to enable the closed captioning if there is more than one television airing the same channel.
AYE

S1821  This bill incorporates Applied Behavior Analysis (ABA) for the treatment of autism spectrum disorder, when provided by a licensed behavior analyst or certified behavior analyst, within the standard coverage for Medicaid. ABA is the design, implementation and evaluation of modifications to produce socially significant improvements in human behavior.
AYE

S4080B  Requires the licensing of persons engaged in the design, construction, operation, inspection, maintenance, alteration and repair of elevators and other automated people moving devices and creates the New York state elevator safety and standards board and the elevator and related conveyances safety program account, in cities with a population of less than one million (Part A); relates to the licensing of approved elevator agency directors, inspectors, and technicians performing elevator work in the city of New York (Part B).
AYE

S5347  This bill would require the Office for People with Developmental Disabilities to make available on the office website, information regarding the process for individuals to obtain eligibility for services and to seek access to services, including, but not limited to, residential, respite, employment, habilitation, and self-directed services.
AYE

S3675  Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service.
AYE

S4488A  This bill is at the request of NYC Actuaries and extends the interest rates for the five actuarially-funded New York City Retirement Systems and Pensions Funds.
AYE

S4269  This bill amends section 2807-rn of the Public Health law to require the Department of Health to appoint a work group consisting of individuals recommended by associations representing physicians, general hospitals and other health care facilities to assess the impact of requiring individual applicants for grants from Doctors Across NY (DANY) physician loan repayment and physician practice support programs to use the NYS Grants Gateway. Such assessment must be completed by March 31, 2020.
AYE

S1426  Adds the Roosevelt Island Operating Corporation to the consolidated Public Authorities Law. Clarifies the legislative declarations of the laws of 1984. Adds the new development subleases that the Roosevelt Island operating corporation entered into in the years since the original laws were enacted; and Updates the Equal Employment Opportunities section of law relating to the Roosevelt Island operating corporation to include sexual orientation.
AYE

S5538  Directs the commissioner of the office for people with developmental disabilities to conduct a study in consultation with the comptroller's office on whether it is feasible to allow the use of debit cards for residents' cash accounts to be used for facilities and service providers holding operating certificates.
AYE

S2859  This bill would amend the unconsolidated law to authorize the town of Smithtown, to alienate 4,000 square feet of land, and to transfer said parcel, to the County of Suffolk for the purpose of placing and operating a sewer pump station at the Town of Smithtown Department of Parks, Buildings and Grounds located at 100 Route 25A, Kings Park, NY (a hamlet of the town of Smithtown).
AYE

S3337C  This bill establishes a three year statute of limitations for public water suppliers and wholesale water suppliers to commence an action for injury to property. The C print of this bill takes out the a provision that requires a plaintiff to allege negligence or other wrongful acts or omissions by a person to recover damage
Environmental Advocates; NYPIRG; Conference of Mayors
AYE

S769A  This bill would amend section 2118 of the insurance law, to exempt commercial lines insurance transactions, placed by wholesale insurance brokers, from the excess line diligent effort requirement. It would also modify the excess line affidavit proscribed in section 2118, to provide that declinations filed by insurance brokers when placing excess line business, shall be limited to those risks named and identified by the National Association of Insurance Commissioners (NAIC) code.
AYE

S1627B  This bill requires sellers of new furniture over 27 inches tall to have tip restraint devices available for purchase. Such retailers must also prominently display a sign stating that some furniture presents a tipping risk that can hurt children. These provisions do not apply to furniture purchased through an online retailer. Establishes a civil penalty not to exceed $500 for each violation.
NAY  (Overregulation.)

S4518  Exempts Howlett Hill Fire Department from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership.
AYE

S1735  This bill would allow the Kenmore-Town of Tonawanda Union Free School District which has elected to self-insure to establish an insurance reserve fund.
AYE

S3539a  Authorizes a pharmacists to substitute an alternate epinephrine auto-injector when a brand-named epinephrine auto-injector has been prescribed, provided the prescriber has not prohibited such substitution, that the epinephrine auto-injector will cost the consumer less, that the consumer has consented to receive the alternative product, and that the consumer has been counseled on how to operate the alternative product. The "A" print adds a provision to ensure that the pharmacist has counseled the patient or the personauthorized to act on the patient's behalf on the proper usage and operation of the alternate epinephrine auto injector.
AYE

S3661  Reduces the cost of textbooks and course materials for students of institutions of higher education by requiring every institution of higher education to adopt policies that allow the use of innovative pricing techniques and payment options for textbooks, supplemental materials, and other course materials or textbooks.
AYE

S5162  This legislation amends Education Law section 6807 (Exempt Persons), and adds a new subdivision 4 which would allow the compounding, preparation, labeling, or dispensing of drugs in facilities licensed in accordance with Public Health Law Article 28, to be performed by: A licensed pharmacist; A pharmacy intern under the direct supervision of a licensed pharmacist; or An individual who has received certification from a nationally accredited pharmacy technician certification program who is employed at an Article 28 facility (hospital) or employed in a pharmacy owned or managed by such facility, to assist a licensed pharmacist under the supervision of a licensed pharmacist.
AYE

S4903  This legislation removes references to Section 1801 of the surrogate's court procedure act which was repealed in 1993.
AYE

S5512  OCA DEPARTMENTAL - This legislation would amend the Surrogate's Court Procedure Act (specifically sections 2306, 2307, 2308, 2309, 2312 and 2313) to create rules governing the commissions of donees of powers in trust, including donees of powers during minority, identical to the existing rules governing commissions of trustees.
AYE

S5049  Enacts the statewide transportation authority reinvestment (STAR) act of 2019; exempts mass transit authorities from bond issuance charges. The exemption from bond issuance charges would apply to the following mass transitauthorities and their subsidiaries.1) Metropolitan Transportation Authority2) New York City Transit Authority3) Triborough Bridge and Tunnel Authority4) Capital District Transportation Authority5) Central New York Regional Transportation Authority6) Rochester-Genesee Regional Transportation Authority7) Niagara Frontier Transportation Authority.
AYE

S4196  This bill would add a new section 25 to the general municipal law to permanently authorize variations from generally accepted accounting principles for the purposes of determining a deficit for the city of New York. More specifically, this bill would authorize capital costs and restricted fund balances to be treated outside traditionally accepted accounting principles, and further authorize a calculation of a deficit for the annual budget of the city of New York, to not include long standing fiscal restrictionscontained with present state law and the New York City Charter, and without regard to funds held in the health stabilization fund, the school crossing guards health insurance fund and the management benefits fund.
NAY  (Standardized practices should be used.)

S4197A  This bill would amend sections 54.10, 54.90, 57.00, 90.00 and 107.00 of the Local Finance Law, and section 10-a New York state financial emergency act for the city of New York, to extend certain bonding and financial note provisions of such sections from 2019 until 2022.
NAY (A one year extension of these provisions, which has been routinely done for decades,makes sense. A three year extender, without oversight, does not.)

S5233  Permits Mount Moriah Baptist Church to file an application for a real property tax exemption.
AYE

S5234  Permits the Church of Jesus Christ to file an application for a real property tax exemption.
AYE

S5265  Authorizes the Town of Ramapo, county of Rockland, to accept from Hatzoloh EMS Inc. of Monsey an application for exemption from real property taxes.
AYE

S5445  STATE COMPTROLLER DEPARTMENTAL - This bill would amend section 34 of the General Municipal Law, to authorize the State Comptroller to examine the financial affairs of any organization (other than a statewide association of local governments or local government officials) that is under the control of one or more localgovernment entities, including municipal corporations, school districts, fire districts and industrial development agencies.
AYE

S4035  Requires optometrists to meet certain standards, including the completion of a course, to prescribe oral medications. FORMER COSPONSOR
AYE

S4558  This bill changes the protected title of "certified dental assistant" to "registered dental assistant", increases the age for registered dental assisting from seventeen to eighteen years of age and adds a good moral character provision to the profession.
AYE

S4695  This bill establishes licensure for licensed orientation and mobility specialists and for vision rehabilitation therapists. This bill would define the practice of orientation and mobility training and vision rehabilitation therapy, it sets forth the educational and training requirements of each, and it provides for continuing education, limited permits, exempt persons and special provisions.
AYE

S5692  This bill amends section 8610 of the education law, byallowing employees of a department of health or division of criminal justice services authorized toxicology laboratory, operating under the supervision of a laboratory supervisor or director of a clinical laboratory, to obtain a certificate in clinical toxicology.
AYE

S5605  This bill would require as part of the home care services worker registry that a record of each in-service training and hours completed by the worker toward fulfillment of their annual in-service training requirements be included in said registry. Moreover, the record of completion must be timely submitted for inclusion in the registry for each worker by the home care services entity conducting the in-service for such worker.
AYE

S5779  This bill adds two additional dates in 2020 to S.4023, which extended the provisions to allow health care professionals from other jurisdictions to practice in NYS with respect to the 6 major events sanctioned by New York Road Runners.
AYE

S854  The bill amends the executive law so that the division of the budget will be required to submit a report to the legislature by September first of each year relating to the distribution of funds and grants to community based organizations. The report will provide a listing of recipients, organized by zip code, of grants, awards or funds appropriated for services end programs that are made to organizations which provide services on a local basis. Additionally, the report must be posted on the division of the budget website in a manner which is clear and accessible.
AYE

S4208A  Adds Willsey in the Village of Wurtsboro to the definition of inland waterways as a major creek in order to make such waterway eligible for funding through the waterfront revitalization program.
AYE

S5772  Requires legislative approval for the closure of certain office of mental health, office for people with developmental disabilities or office of children and family services facilities and institutions. FORMER COSPONSOR
AYE

S2590  The bill would amend Article 18 of Executive Law to require the State Fire Prevention and Building Code Council to update the fire code to mandate evacuation plans contain procedures for the individuals with disabilities in high-rise buildings.
AYE

S179  Directs the state education commissioner to require public school districts to report on compliance with art education instruction requirements.
AYE

S222B  Requires the Office of Children and Family Services to collect, aggregate and report, on a semi-annual basis, the number of unaccompanied alien children that are placed by the federal Office of Refugee Resettlement in the care of an authorized agency to the governor, the temporary president of the senate and the speaker of the assembly.
AYE

S1652A  Provides that a fentanyl analogue shall be deemed to be a schedule I opiate.
AYE

S1658A  Provides that school districts may hold elections in any building owned or leased by the district, in addition to any district schoolhouse.
AYE

S1867  Enacts the higher education community service act to promote volunteer service by higher education students; creates a council for higher education community service to regulate and recognize persons and programs associated therewith; requires a report to the governor, temporary president of the senate and speaker of the assembly.
AYE

S2248  Creates a veterans' mental health and suicide prevention task force.
AYE

S2424  Provides a one-time tax credit for a newly constructedprincipal residence not to exceed $2,750 or for a renovated principal residence of 50% of the amount expended, not to exceed $2,750, for universal visitability.
AYE

S2659  Requires the Office of Temporary and Disability Services (OTDA) and the Office of Children and Family Services (OCFS) to contract with an entity, or entities in partnership, to develop and provide training for direct-care employees of domestic violence shelters, safe dwellings, and domestic violence programs regarded Adverse Childhood Experiences and to contract with a certifying organization to provide a certification to each direct-care employee who satisfies the requirement of such training program; to require all direct-care employees of domestic violence shelters, safe dwellings, and domestic violence programs to participate in such training program; and to provide that such training shall be provided at no cost to employees.
AYE

S2724  Prohibits any person from transporting, holding, buying, selling, giving, receiving or marketing a nonambulatory animal unless such animal is first humanely euthanized without undue delay from the time that such animal becomes nonambulatory; makes certain exceptions; provides violation provisions; and defines relevant terms.
NAY  (This bill would negatively impact farm operations.)

S2792A  Enacts "Valeria's law"; requires police officers to notify family members in person of a relative's death in certain circumstances.
NAY  (Not necessary as it is already current practice.)

S3420  Provides that parents and caretakers who are otherwise eligible for a child care subsidy shall receive a subsidy when care is necessary to enable them to sleep because they work a late shift and have a child who is under the age of six and not in school for a full school day; further provides that the authorization for a subsidy shall be sufficient to allow the parent to obtain up to eight hours of sleep, as needed.
AYE

S3655B  The bill would allow basement units to be included as lofts and removes certain restrictions on zoning groups. It would also create a new eligibility period for units that were occupied in 2015 and 2016. The penalty for any violation of loft law would be increased from $17,500 to $25,000. A lawyer from the Loft Board would now be able to bring civil proceedings on the City's behalf. The bill would also remove deadlines associated with the applications for registration. The bill does not provide a new sunset date for certain provisions.
NAY  (NYC application to the entire state.)

S3669  Exempts the metropolitan transportation authority from the requirement to reimburse the state for state services provided to such authority.
NAY  (This bill provides an additional subsidy to NYS at the expense of rest of state.)

S4339  Relates to providing rent subsidies to individuals living with roommates.
AYE

S4363  Raises the limitation on amounts to be raised for the repair and improvement of highways in the town of Huntington from $400,000 to $1,000,000.
AYE

S4490  Relates to a rebate for residents of Kings county who commute across the Verrazzano-Narrows bridge more than ten times per month while using a New York customer service E-ZPass account.
AYE

S4583  Requires nursing homes to provide potential residents with policy on granting physician privileges prior to executing agreement.
AYE

S4650  This bill requires the Office of Alcoholism and Substance Abuse Services to provide quarterly reports on the status and outcomes of various initiatives to address the heroin and opioid epidemic.
AYE

S5066A  This bill amends Section 7105 of the Education law to allow an optometry student to engage in clinical practice under the supervision of a licensed optometrist in pursuance of a program for the training of optometry, provided that the school of optometry has accreditation acceptable to the department.
AYE

S5286  Establishes a twenty-five year retirement plan for firefighters employed by the division of military and naval affairs.
AYE

S6208  Requires contracts for the transportation of school children in a city of at least one million inhabitants to contain provisions for the retention or preference in hiring of school bus workers.
AYE