Votes in the NYS Senate for the Week of May 6, 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.

S1379  This legislation would allow inmates to receive limited credit time allowance for participation in accredited correspondence programs in which they receive an associates, bachelors or master's degree.

NAY  (Opposed to reduction of sentence initially imposed by a judge)

S3505A  This bill would amend section 405 of the financial services law, to grant immunity for reports of suspected fraud by means of information furnished to or from the National Insurance Crime Bureau.

AYE

S21  This bill would direct the Public Service Commission to conduct and publish a study analyzing available time-of-use plans offered by all gas and electric utility companies, and sets guidelines and parameters relating to such study. The study shall analyze time variant plans available to both residential and commercial customers, comparative prices of those plans, Advanced Metering Infrastructure (at times referred to as Smart Meters) and costs relating thereto, potential impacts on rates, and how to incentivize and effectively advertise these plans to customers.

NAY (This bill does not consider funding for the proposed study, which is likely to require staffing & resources and is best discussed as part of the budget)

S4133  The bill would amend section 31 of Private Housing Finance Law to increase the income eligibility for residents of Mitchell-Lama housing.

AYE

S3952  Provides that two cemeteries located in Suffolk county with contiguous or adjacent land dedicated for cemetery purposes and previously operating as public cemetery corporations may merge where their total acreage does not exceed three hundred twenty-five acres.

AYE

S4034  To allow employees of authorized organizations such as the American Legion to participate in the management of games of chance.

AYE

S1653  Authorizes the assessor of the town of Haverstraw, county of Rockland, to accept from Hi Tor Animal Care Center, Inc. an application for exemption from real property taxes.

AYE

S2877  Relates to authorizing the town of Brookhaven, in the county of Suffolk, to lease parklands to the Patchogue-Medford Library.

AYE

S3409  This bill would amend section 23 of the town law and Section 3 of the public officers law, to authorize the town of Somers, in Westchester county (population 21,985) to provide that the office of Court Attendant may be held by a person who is not a resident of such town, provided that such person resides in the county of Westchester.

AYE

S4092  Authorizes the Village of Island Park to retroactively apply for a real property tax exemption for the village's village hall for the 2017-2018 school tax assessment rolls.

AYE

S4141  Authorizes the assessor of the county of Nassau to accept an application for exemption from real property taxes fro m Shelter Rock Islamic Center, Inc. for a certain parcel in the Village of Roslyn in the town of North Hempstead

AYE

S4570A  uthorizes the Board of Fire Commissioners of the East Northport Fire District to receive retroactive real property tax exempt status.

AYE

S4670  Authorizes the assessor of the county of Nassau, to accept from Lubavitch of Old Westbury, an application for exemption from real property taxes.

AYE

S474  This bill amends the provision of law governing instructions to caregivers prior to a patients discharge from a hospital (known as the Caregiver Advise, Record and Enable Act or CARE Act), by requiring the applicable hospital to consult with an identified caregiver about his or her capabilities and limitations in caring for a patient who will be discharged with central venous line. If such identified caregiver is unwilling or unable to confidently provide proper care of the central venous line, as conveyed to the hospital, this bill will require “appropriate services”, which may include home health care services to be ordered.

AYE

S3353  Requires informed consent be applied to cases related to any health care procedure or examination done in the course of education or training.

AYE

S2387  This bill requires each package or box containing menstrual products sold in New York State to contain a plain and conspicuous printed list of all ingredients with percentages of the components of the products.

NAY (Should be dealt with at the federal level to mitigate burden on manufacturers)

S3101  This legislation closes a gap in coverage by requiring insurance companies to provide full coverage for all the aspects of eating disorders treatment.

NAY  (Bill expands the number of covered diagnosis from two known and defined medical conditions (bulimia and anorexia) to an unknown, unlimited number of vague and ill-defined feeding or eating disorders.

S3159A  Prohibits insurers from denying life insurance to individuals who have been prescribed medication used to block the effects of opioids.

AYE

S221A  Amends the Judiciary law to remove the prohibition of convicted felons from serving on a jury so long as such person has completed any sentencing, including parole and probation.

NAY  (Opposed to violent offenders being able to serve on a jury.)

S3220B  Designates a portion of the state highway system in Oneida county as the "Officer Kevin F. Crossley Memorial Highway".

AYE

S3550  Directs the office of temporary and disability assistance and the department of corrections and community supervision to examine and make recommendations on current sanctions placed by the state and local social services districts on individuals prior to and after their release from incarceration as part of the individual's re-entry planning.

AYE

S3337B  Amends the Civil Practice Law and Rules by adding a new Section 214-h to provide for a three-year statute of limitations for public water suppliers and wholesale water suppliers to commence an action for injury to property resulting from the contamination of the public water supplier's source of water supply. Provides for the defi-nition of specific terms as used in this Section: (a) Contaminant; (b)person; (c) public water supplier; (d) wholesale water supplier; (e)source of water supply; (f) plant intake; (g) well and (h) raw water.

AYE

S4308A  This legislation removes the earning limitations on members of the New York State Policemen's and Firemen's Retirement system ("PFRS"), the New York City Police Pension Fund ("PPF"), and the New York City Fire Pension Fund ("FPF") who retire and subsequently become employed by a community college as faculty member under a criminal justice program of the State University of New York ("SUNY") program or a City University of New York ("CUNY") program.

AYE

S4685A  This bill would required that an article 78 proceeding brought due to an adverse FOIL decision be given preference and that the court commence arguments within 45 days of filing. Also provides that an appeal taken from an order of the court requiring disclosures must be given preference and must be brought on for argument on such terms and conditions as the presiding judge may direct. This action shall be deemed abandoned when the party requesting an exclusion from disclosure fails to serve and file a record and brief within 45 days after the date of the notice of appeal (with exceptions).

NAY  (Preferential treatment is not appropriate and unfair to others.  Means to expiedite such a proceeding already exist.)

S4641  To ensure that the opinions and determinations of a public assistance applicant's treating health care practitioner are given sufficient weight when making disability determinations related to work activities.

AYE

S494  This bill would significantly expand the amount (from $2000 to $10,000), for crimes (from misdemeanors to all crimes including felonies) and the jurisdiction (to now include counties outside the New York City) of charitable organizations to post bail for criminal defendants.This bill would also decrease the amount such charitable organizations must pay for registration with the Department of Financial Services from the current $1000 to $500.

NAY  (This bill only further undermines the Bail process that the Democratic Majority weakened in thisyear's budget.)

S4756  Requires that all businesses and public buildings, which operate on a multi-line telephone system, must configure their hardware to allow any call to 911 on the system to be directly connected to a public service answering point (i.e. not have to dial additional numbers such as a number 9 to get an outside line in order to dial 911).

AYE

S3842B  This bill would amend the education law to allow non-CPAs to be minority owners of CPA firms, consistent with 49 other states and jurisdictions. Note - passive ownership would not be permitted.

AYE

S3986  Designates May as Korean American FamilyMonth in the State of New York.

AYE

S3841  This bill would include SUNY police officers for purposes of a presumption of impairment caused by heart disease in the performance of duty disability provisions.

AYE

S3918  Grants binding arbitration to Triborough Bridge and Tunnel Authority Superior Officer Benevolent Association members.

AYE

S2861  Requires that prepaid cellular telephone cards have the expiration date of the minutes purchased printed on the card in conspicuous print.

NAY  (Information already provided and therefore not necessary.)

S1850  This bill would allow an inmate placed in disciplinary confinement, keeplock, segregated confinement for administrative purposes, or a mental health unit to make a phone call within 24 hours. It also includes an exception for an instance when it is determined the safety or staff or inmates is at risk.

AYE

S1110  This bill amends section 61(2-c)(e) of the Alcoholic Beverage Control Law to clarify that New York farm distilleries are authorized to sell New York State labeled alcoholic beverages at retail for consumption on the licensed premises.

AYE  (Makes a technical amendment to the law to ensure that New York farm distilleries are authorized to sell New York State labelled alcoholic beverages.)

S4572  ATTORNEY GENERAL DEPARTMENTAL - Authorizes prosecution where a person receives a presidential reprieve, pardon or other form of clemency when certain conditions are met.

NAY  (This legislation would undermine this state's double jeopardy statute for purely political reasons)

S4688A  This bill would amend the unconsolidated law to authorize the commissioner of general services to transfer to the urban development corporation, all rights, title, and interest in a parcel of land owned by the state, in the lands and improvements located at 121West 125th Street, in Manhattan, as well as certain air rights above a parcel of land owned by the state, known as the Borough Works Datum of the Borough of Manhattan.

AYE

S2719  This legislation would increase the damages from $100 to $500 on creditors who do not execute and file satisfied judgments with a court clerk for judgments in excess of $5,000 within 20 days after receiving full satisfaction. The sponsor states the goal of this legislation is to encourage individuals to file so it is less likely someone will have false strikes on their credit report.

NAY  (This bill would create a new cause of action on an issue that no longer jeopardizes consumers as well as burdens the court system with new cases seeking to recover for technical violations or a harmless filing error.)

S3809  This bill would make the authorization for foreign trained dentists to practice as dental facultypermanent.

AYE

S5093  This bill requires mental health and health care professionals to provide and the State Education Department (SED) to collect such information and documentation, in consultation with the Department of Health (DOH), as is necessary to enable DOH to evaluate access to needed services in NYS, including, but not limited to, the location and type of setting in which the professional practices and all other information SED deems relevant. DOH would then be required to make the information publicly available on its website.

AYE

S4236  This bill would update the Debtor and Creditor Law by replacing the 1925 Fraudulent Conveyances Act with the Uniform Voidable Transactions Act. Note - New York is one of only two states still operating under the Uniform Fraudulent Conveyance Act.

AYE

S2890  Extends provisions of law amending the education law relating to directing the commissioner of education to promulgate regulations limiting the engines of school vehicles to remain idling while parked or standing on school grounds to June 30, 2024.

AYE

S4976  Provides that family members of paid professional firefighters who died in the line-of-duty may obtain a "Survivor of the Bravest" license plate; provides for the annual service charge collected to be deposited into the department of motor vehicles distinctive license plate development fund.

AYE

S5072A  This bill provides new language requiring the Commissioner of Taxation and Finance to provide any tax returns or any tax return information upon written request from the chair of the: 1)U.S. House of Representatives Ways and Means Committee; 2)U.S. Senate Committee on Finance Committee; or 3)Joint Committee on Taxation of the U.S. Congress.

NAY  (This bill politicizes New York tax returns and return information.)

S1811  This bill would require the advice and consent by the Senate in the governor's appointmentof the state Medicaid director.

AYE (The role of the Medicaid Director in the state has grown over the years and now involves overseeing programs and government spending totally $70 billion annually. Given the importance of this position, it is vital that the legislature have a role in the appointment process for this individual.)

S4582  This bill makes technical corrections to section 4012-b of the PHL regarding hospice palliative care, as well as conforms the language to allow hospice to provide palliative care to patients not at the end-of-life which was the original intent of the law.

AYE