Senator Gallivan's Votes for Week of January 8, 2024

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

B1460 Concerns the rescission of all previous requests by the New York State Legislature or either house thereof for a convention under Article V of the United States Constitution.  NAY

S242 Establishes portable polling locations for early voting; provides that a county board of elections may establish one or more portable polling locations. NAY  (Unfunded mandate. Could be security issue. "Portable polling location" not defined.)

S263 Prohibits deceptive practices and the suppression of voters, and increases penalties for violations of the elective franchise to a class E and Class D felony.  AYE

S371 Prohibits "foreign-influenced" entities from making political contributions either directly or indirectly to a constituted committee, independent expenditure committee, political committee or party committee. These entities would also be prohibited from making an expenditure, independent expenditure, or disbursement for a political communication. NOTE - A person guilty of violating the provisions of this bill are guilty of a class E felony and subject to a $10,000 fine. Applies to for-profit business entities. NAY (Not applied universally.)

S610 This bill would add a new section 8-414 to the election law to establish a program of absentee ballot drop-off locations. NAY (Undermines ballot integrity. Concerns re. dropbox security.)

S616 This bill would allow people to give out snacks, water, soft drinks or other refreshments to people in a polling place or in line to vote at a polling place. NOTE - Under current law this activity is a Class A misdemeanor. NAY (Could lead to favoritism in voting for a certain candidate.)

S657A Establishes the New York voting and elections database and institute within SUNY and CUNY to maintain and administer a central repository of elections and voting data available to the public from all political subdivisions within NY to foster, pursue and sponsor research on existing laws and best practices in voting and elections. The institute would provide a center for research, training and information and the institute would be empowered to, among other things: conduct classes; organize groups of scholars to research voting and elections in the state; and conduct seminars involving voting and elections.  NAY (More appropriately situated within the NYS BOE. Unfunded mandate.)

S5943 Relates to the order in which candidates appear on the ballot; requires that offices shall be listed on the ballot in descending order based on the size of the electorate and requires certain federal offices to be listed before state, county or local offices.  AYE

S6173B Permits the state board of elections to join certain multistate voter list maintenance organizations and provide such organizations with certain voter information; requires the state to join a multistate voter list maintenance organization on or before July 31, 2025.  AYE

S6675 Requires public-facing websites operated by political committees to contain "paid for by" language; adds such public-facing websites to the list of political communications that qualify as independent expenditures.  AYE

S8001 CHAPTER AMENDMENT - This bill would create the Village Incorporation Commission and make changes to the rules for incorporating a new village. It would also require that this commission publicly issue a report and send it to the Governor and Legislative Leaders detailing an analysis of the Village Incorporation Law and whether the revised requirements of the article are able to protect the fiscal, service and taxation interests of the residents of the proposed village and residents of the surrounding areas.  NAY (No local input.)

S8004 CHAPTER AMENDMENT - Establishes standards for the prompt investigation and settlement of claims arising out of states of emergency and disasters; relates to the effectiveness thereof. This legislation makes changes to the definition of a disaster, changes the timeline to settle and pay out claims, requires insurers to share information on consumer rights to appeal settlement of claims and complaints to the Department of Financial Services, changes the effective date, and makes technical cleanups to the underlying chapter.  AYE

S8007 CHAPTER AMENDMENT - Relates to the immediate incorporation of villages containing one thousand five hundred persons or less; amends the effective date of a chapter of the laws of 2023 amending the village law relating to the incorporation of villages. This bill would change the requirements for a village to ensure that village incorporations are assessed properly and that the petition process considers the fiscal, service, and taxation requirements of the potential incorporation of a new village.  NAY

S8008 CHAPTER AMENDMENT - Relates to the offenses of rape in the first, second and third degrees. This chapter amendment makes technical changes and adds references to the "former" criminal sexual act statutes in laws where the criminal sexual act statutes were referenced. It also changes the effective date from January 1, 2024 to September 1, 2024.  AYE

S8011 CHAPTER AMENDMENT - Establishes the legal regulated rent for the combination of two or more vacant apartments; relates to exemptions from rent stabilization on the basis of substantial rehabilitation; relates to clearly defining the scope of the fraud exception to the pre Housing Stability and Tenant Protection Act (HSTPA) four year rule for calculating rents and relates to the effectiveness thereof.  NAY

S8025 CHAPTER AMENDMENT - Prohibits residential and commercial properties from erecting or installing digital billboards or signs that use flashing, intermittent or moving lights near certain Mitchell-Lama housing within a city with a population of one million or more; relates to the effectiveness thereof. This legislation amends the underlying chapter by amending the distance from MitchelLamas from 1500 feet to 1000 feet, removes the penalty provision and allows law to be enforced concurrently by the corporation counsel or other lawful designee of the City of New York. AYE

S8053 CHAPTER AMENDMENT - This is a chapter amendment to Chapter 438 of the laws of 2023, which would authorize risk retention groups (RRG) not chartered in the state to offer automobile liability insurance to not-for-profit 501(c)(3) organizations in the state. Under the law, an RRG must be registered with DFS under the Federal Liability Risk Retention Act of 1986.  AYE

S8065 CHAPTER AMENDMENT - Relates to hotel and motel taxes in Ulster county and to the deposit of revenue resulting from the imposition of such tax. Makes a technical change to the definition of hotel and removes language referencing short term rentals and the rate of tax applicable to them.  AYE

S8087 CHAPTER AMENDMENT - Relates to the secure choice savings program and participating individuals; authorizes freelancers and the self-employed the option of enrolling in such program. Chapter amendment that makes changes to the provisions of S.2399 of 2023 to clarify the enrollment of individuals or employees of nonparticipating employers to the Secure Choice Savings Program.  AYE

S8096 CHAPTER AMENDMENT - Relates to the dispensing of self-administered hormonal contraceptives; authorizes a licensed physician and a certified nurse practitioner to prescribe and order a non-patient specific order to a pharmacist licensed and located in the state for the dispensing of self-administered hormonal contraceptives. Amends the underlying chapter to change the effective date from eighteen months after it becomes law to January 1, 2024.  NAY  (No age requirement. Parental consent for minors not required.)