Senator Gallivan's Votes for Week of March 13, 2023

Patrick M. Gallivan

March 17, 2023

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

S1732 Amends education law to require boards of education or trustees of every school district with high school students establish at least one student government organization within the district or building. The aim being to improve civic preparedness in students.  AYE

S1179 This bill would allow municipalities to alienate certain parklands without receiving authorization from the Legislature for the purpose of renewable energy generating projects. This bill would exempt solar energy projects that are under two megawatts of generating capacity to be installed in the airspace of a vehicle parking lot without the usual authorization of the Legislature.  AYE

S1804 Amends public service law requiring all gas and electric corporations to provide at least sixty days notice, in writing, to customers when a rate or charge increase for services will take effect.  AYE

S2426 This bill would require driver's education and defensive driving instructors to include proper behavior when stopped by a law enforcement officer as a part of driving instruction courses. AYE

S3255 Amends executive law to allow for three years to file an administrative complaint with the Division of Human Rights for unlawful discriminatory practice. Up from the one year allowed presently in all cases except sexual harassment, which is already three years.  AYE

S3546 Amends state urban development corporation act to allow for loans, loan guarantees, interest subsidies and grants to be given to various entities in order to expand or build grocery stores and supermarkets in underserved areas. Defines qualifying entities for benefits and underserved areas.  AYE

S2096 Authorizes the county of Nassau assessor to accept an application for a retroactive real property tax exemption from the Incorporated Village of Hempstead Community Development Agency for the 2020-2021 school taxes and the 2021 general taxes for the property at 40 Byrd Street.  AYE

S3302 Amends environmental conservation law to prohibit any person or legal entity from importing, exporting, transporting, processing, selling, offering for sale, otherwise exchanging or gifting, or possessing any part or product of an African Elephant, Leopard, Lion, Giraffe, or White or Black Rhinoceros. Exceptions include when owned before the act takes effect, is inherited, held by a chartered museum.  NAY  (Hunting lawfully permitted in Africa.)

S2494 Amends hygiene law to impose a three-year term limit on appointments to the Autism Spectrum Disorders Advisory Board. AYE

S3139 Requires the division of housing and community renewal to provide an annual report on the New York access to home programs.  AYE

S2867 This legislation will prevent service provided to individuals pursuant to the nursing home transition and diversion (NHTD) and traumatic brain injury (TBI) program waivers from the Medicaid managed care program. Also directs the NYS DOH commissioner to take any action necessary to continue provisions of such services through waivers.  AYE  (Keeping such TBI/NHTD Medicaid waivers is warranted as no cost savings will be realized by the move to managed care and the unique needs of this vulnerable population are better served under the current model.)

S2515A Amends vehicle and traffic law to establish "scramble crosswalks" in cities of two hundred fifty thousand or more leading to and from school buildings during times of student arrival and departure. These crosswalks being the store that are electronic and stop all road traffic while pedestrians cross. AYE

S3582 This bill would make the Rehabilitation of Historic Barns tax credit refundable for taxpayers with adjusted gross income of less than $60,000, and allows excess credit to carry over into the following year or years for tax payers with adjusted gross income of over $60,000.  AYE

S1316 Establishes that each utility shall submit a report on its total customer in arrears to the Public Service Commission. Provides that the commission shall require assistance programs related to the payback of customer arrears shall be either 24 or 36 month payment plans.  AYE

S545 This is a sunshine bill that would amend the Urban Development Corporation Act, the State Finance Law, the General Municipal Law, and the Economic Development Law to Prohibit confidentiality and nondisclosure from inclusion in certain contracts entered into by the state or a municipality.  AYE

S791 This bill would extend the period of time between when notice is provided on a project and a public hearing taking place from 10 days to 14 business days.  AYE

S1937 Ensures that when land is disposed of by public authorities, the names of all beneficial owners of the property shall be disclosed via an explanatory statement that will be publicly available.  AYE

S1907 This bill requires any state department that maintains a website to post a current list of the names of all individuals authorized by the department to execute contracts on behalf of the department.  AYE

S2420 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.)

S3406 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

S521 This bill would repeal the Public Authorities Law, section 51 (6) which limits the scope of oversight afforded to voting members of the New York state authorities control board.  AYE

S2862 Authorizes municipalities to offer real property tax credits to certain volunteers who live in one municipality but who serve in neighboring municipalities.  AYE

S1413 Establishes the position of Catskill park coordinator within the department of environmental conservation to build partnerships between the department and other state agencies, municipal governments, businesses and nonprofit entities that will develop a community-based tourism strategy for the forest preserve to help fortify the regional economy and to coordinate implementation of the public access plan and other approved or adopted Catskill park-wide plans.  AYE

S3365 Requires the disclosure of insurance information, including the name of the insurance company, the amount of coverage and what is covered under their plan, on permit applications for the construction of pipelines upon any freshwater wetlands.  AYE

S261 Directs the commissioner of parks, recreation and historic preservation to establish the state parks passport program allowing visitors to state parks and historic sites to log their visits to such sites in a passport book or electronic application.  AYE

S2389 Authorizes the mortgagee or lienor of an abandoned multiple dwelling to apply for the appointment of a receiver to bring the building into compliance. NAY (Adds costs of doing business.)

S3260 This bill amends the exceptions to the general rule that a husband or wife are deemed the surviving spouse (whether or not the deceased spouse had a will), for purposes of various sections of the Estates, Powers, and Trusts Law(EPTL). This bill impacts New York's Spousal Right of Election provisions provided by EPTL 5-1.1A in that it would allow a decree or judgment nullifying a marriage after death to eliminate a spouses right of election.  AYE

S4644 Fire Code requires periodic testing, as determined by local code officials, but does not define the term "periodic." This bill requires a minimum of one flushing test a year for each hydrant. AYE

S2028 Establishes a real property tax exemption for the primary residence of veterans with a 100 percent service connected disability. Takes effect immediately upon enactment.  AYE

S4041 This bill would replace the term 'handicapping conditions' with the word 'disabilities' within a number of references of Education Law.  AYE

S2997 Expands the 'affirmation of truth of statement' provision to cover all health care licensed practitioners licensed, certified or authorized under title 8 of the Education Law. Under current law attorneys, physicians, osteopaths and dentists have the right to affirmations, meaning they do not have to find a notary public to administer an oath before submitting a sworn written statement. Under this law, acupuncturists, athletic trainers, massage therapists, etc. would have the right to affirmation. AYE

S485 Requires the New York state thruway authority to submit quarterly reports to the legislature of all purchases, procurements and expenditures related to contracts entered into by such authority. AYE

S4128 Allows a person who receives a traffic summons to plead guilty and pay the associated fines or penalties over the Internet.  AYE

S1898 Requires the commissioner of taxation and finance to include space on the personal income tax return to enable a taxpayer to make a contribution to the cure childhood cancer research fund.  AYE

S3387 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

S1394 Provides that the port authority shall prohibit nonstop flights to or from points beyond one thousand five hundred miles, except on Saturdays and flights to Denver, Colorado, from flying to or from LaGuardia airport, an air terminal of the Port Authority of New York and New Jersey.  NAY  (Will likely disrupt air traffic. Nonetheless, consideration of residents is noteworthy)

S4714 Exempts the Southwood Volunteer Fire Department, Inc. from the requirement that the percentage of nonresident fire department members not exceed forty-five percent of the membership.  AYE

S126 Adds to the criteria for eligibility to be appointed to the Board of Parole having worked at least 10 years in criminology, administration of criminal justice, law enforcement, sociology, law, social work, corrections, psychology, psychiatry or medicine.  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. Applies to for-profit business entities. NAY  (Not applied universally.)