Legislative Wrap-Up Week Of April 26, 2010

April 29, 2010

Legislation passed by the New York State Senate Democratic Majority this week included long overdue protections for renters living with HIV/AIDS, new economic opportunities through changes in the Alcoholic Beverage Control Law, and changes to DEC’s management of migratory bird hunting seasons.

Providing Protections for Individuals with HIV/AIDS

S2664 (Duane) / A2565 (Glick): Provides that people living with clinical/symptomatic HIV or AIDS, and who are receiving shelter assistance or an emergency shelter allowance, will not be required to pay more than 30% of the household's monthly unearned and/or earned income towards shelter costs, including rent and utilities. The enactment of this bill would allow for those suffering from the debilitating and terminal illnesses, AIDS and HIV and receiving monetary assistance for their shelter, to contribute more of their incomes to medical expenditures instead of to their housing costs.

Fostering Economic Growth with Alcoholic Beverage Control Law

S6231C (C. Johnson) / A9227B (Schimminger): Creates a temporary retail permit system within New York State's alcoholic beverage control law. The current situation does not foster a climate favoring economic growth, and is even more detrimental given the declining state of the economy. This legislation would create a temporary retail permit to help businesses just starting who normally have to wait for the State Liquor Authority to work through their backlog.  

S7314 (C. Johnson) / A10569 (Schimminger): Amends the definition of cash to include electronic funds transfer for Alcoholic Beverage Control Law purposes. Electronic Fund Transfers (EFTs) have become common place and are efficient and effective ways of conducting business in today's marketplace. This legislation will allow EFTs to be used in the sale of beer just as it is currently allowed in the sale of wine and liquor.

Streamlining DEC Game Hunting Management

S3782A (Thompson) / A8915 (Sweeney): Repeals certain provisions from the management of migratory birds. The purpose of this bill is to amend the Fish and Wildlife Law to allow the annual federal regulations to set the State's migratory game bird hunting seasons and bag limits. The Department of Environmental Conservation is continually forced to issue emergency regulations to conform State migratory game bird hunting regulations to the federal  regulations in time for opening day. This legislation will allow seasons to be automatically set in New York based on the final federal regulations rather than requiring the DEC to annually issue emergency regulations in order to provide greater notice to the State’s hunters and fishermen.

Other Legislation

S5992 (Squadron) / A1439A (Wright): Provides that whenever rent is paid by NYC Human Resources Administration on behalf of a tenant on public assistance, the department of housing preservation sends a certification of payment to the tenant. The purpose of this legislation is to give tenants on public assistance the right to request a receipt of payment as there are hundreds of cases where tenants whose rent is paid by HRA are brought to landlord/tenant court for non-payment of rent.

S5590 (Duane) / A5894A (Latimer): Creates a program for public awareness of post-polio sequelae within the department of health to alert post-poliomyelitis survivors and their families about this condition and proper treatment for such condition. The purpose of this legislation is to establish a public awareness campaign to alert post-polio survivors, their families, health care providers and the general public about this syndrome to encourage proper identification, treatment and relief from the condition.

S5774 (Hassell-Thompson) / A8613 (Peralta): Provides appropriate drug treatment program for certain people sentenced to parole supervision. This bill would allow the Department of Correctional Services – subject to the approval of the sentencing court when necessary – to provide an appropriate 90-day drug treatment program for offenders sentenced to receive that treatment, but whose medical needs cannot be met at the Willard Drug Treatment Campus.

S7075 (Savino) / A10018 (Abbate): Grants additional credits on competitive examinations for the children of emergency medical technicians killed in the line of duty. This bill would provide additional credits to the children of emergency medical technicians and paramedics killed in the line of duty from participation in the rescue effort of the World Trade Center attack on September 11, 2001.

S6748 (Stachowski): Designates a portion of the highway system as the Highway of Fallen Heroes. In honor of the sacrifice and dedication of veterans, the State of New York wishes to designate route 20 as the "Highway of Fallen Heroes".

S7149 (Stachowski) / A10856 (Schimminger): Provides that in certain cases notification can be provided by overnight delivery service with proof of mailing or by personal services. This bill would expand the types of notice sufficient to satisfy certain statutory notice requirements in the Alcoholic Beverage Control Law.

S7241 (Stewart-Cousins) / A10422 (Hoyt): Allows for the conditional approval of a final plat. The purpose of this legislation is to authorize the town planning board to extend conditional approval of a final plat if such extension is warranted by the particular circumstances. The current economic climate, combined with the difficulty in obtaining project financing in many cases, argues for giving the planning board the discretion to extend conditional approval of the final plat.