Senator Gallivan's Senate Votes for Week of March 14, 2022

Jim Ranney

March 17, 2022

The following bills were approved in the NYS Senate.  Senator Gallivan's vote is noted.

S2004 Permits assessment of certain fees and costs upon wrongful denial of access to records under the freedom of information law when either the person has substantially prevailed and the agency had no such reasonable basis for denying access, or if the agency failed to respond within the statutory time, or when the record is substantially disclosed and the agency lacked a reasonable basis in law for withholding the record. NAY  (Removes the requirement that "reasonable attorney's fees" be assessed.)

S2725 This bill would add a new section 54-b of the legislative law to create a new standing committee on conference to resolve differences between similar, but not identical, bills and resolutions which have passed the senate and assembly. Such committee would be composed of majority conference and minority conference members in the same proportion as the number of majority conference and minority conference members in the senate and assembly relative to the total membership of the senate and assembly. NAY (Unnecessary. Rules already provide for this.)

S5236B This bill would require the State, public authorities and counties to provide certain documents and forms in the 12 most common non-English languages spoken by limited English proficient immigrants that have been in the country for five years or less. The exact languages would be determined by the American Community Survey, as published by the United States Census Bureau. A PRINT - requires public authorities and local governments provide documents in the three most common languages spoken in the region that they are located. Also requires each county or political entity to provide an access plan within 90 days of the effective date of the bill. B PRINT - creates a private right of action against the State, counties and public authorities and expands the required components of the Language Access Plan.  NAY (Unfunded mandate and creates a private right of action.)

S3120 Authorizes and directs the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information. AYE

S6616 Establishes the ethical standards for state agency contractors act including ethical standards for contractors performing inherently governmental and mission-critical functions or rendering services pursuant to an information-risk contract. AYE

S8086 Requires the office of the state comptroller to conduct a study on all contracts entered into by the executive or any state agency, department, board, officer, commission, or institution during certain state disaster emergencies declared pursuant to section 28 of the executive law, declared anytime during and after fiscal year 2020, that exceeds 30 days and to make recommendations on maintaining the purposes of sections 112 and 163 of the state finance law during a declared state disaster emergency that exceeds 30 days.  AYE

S8145 Requires 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

S344 Provides that rules that require changes to compliance or billing standards that could result in eventual withholdings or takebacks due to Medicaid auditing and/or self-disclosure obligations shall become effective no sooner than ninety days from the publication of adoption of the rules.  AYE

S1405 Prohibits littering on state park lands.  AYE

S1333 This bill directs the Director of the Office of Technology, in collaboration with the Director of Budget, to develop a single, searchable budget database website accessible by the public at no cost. AYE

S2969A Enacts the "STAR credit bill of rights" and establishes the office of STAR ombudsman. This office will ensure STAR recipients are provided a better understanding of their rebate and their inquiries receive prompt responses.  AYE

S3256 This bill would amend sections 859-a and 874 of the general municipal law and sections 1963-a, 2307 and 2316 of the public authorities law, to require Industrial Development Agencies, established under Article 18-A of the general municipal law, to provide written and mailed notice regarding proposed financial incentives offered by such IDAs to affected local taxing jurisdictions and school districts, prior to approval of projects by such an IDA.  AYE

S8338 This bill extends for three years, until 2025, the authorizations of political subdivisions to donate surplus computer equipment through SED's C.R.E.A.T.E. Programs located in section 318 of the Education Law. AYE

S3579A This bill would amend section 2108 of the insurance law, regarding licensing of independent insurance adjusters, to waive requirements regarding character references and a written examination, if the applicant holds a claim certification from a national or state-based claims association, and such program meets certain high end requirements. AYE

S1667 Relates to expanding the definition of agency; includes entities created by an agency or that are governed by a board of directors or similar body a majority of which is designated by one or more state or local government officials in the definition of agency under the public officers law.  AYE