Votes in the NYS Senate for June 13, 2019

Patrick M. Gallivan

June 17, 2019

The bills listed below were voted on 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.

S727A  The bill would limit the designation of a banking develop-ment district to fourteen years, yet allow for additional extensions in five or 10 year increments and allow federal and state credit unions to participate in such districts.
AYE

S2115B  Establishes the New York state commission on establishing a bank owned by New York state for purposes of determining what benefits a public bank or network of public banks owned by the state of New York or by a public authority constituted by the state of New York could provide for the New York State government, local governments, communities, private businesses, community banks, credit unions and people; requires publication of the commission's findings and recommendations.
NAY  (Government should not be in banking business.)

S2387A  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.
AYE  (This amended version appears to provide the industry with time to implement and also adjusts the civil penalty provisions.)

S3852A  Enacts "Shannon's law"; relates to requiring insurance companies to cover annual mammograms for breast cancer screening for covered persons aged thirty-five and older.
AYE

S1950A  Requires the office of court administration to collect and maintain data on limited English proficient litigants in the state; requires such information be publicly available.
AYE

S4475  This bill will align the law for immunization requirements in schools with the language in other child custody statutes. The bill includes non-parents who possess lawful orders of custody as persons in parental relation to a minor or incapacitated person with in the public health and education law and would grant them limited authority to consent to immunizations and be responsible for school attendance and certain school decisions.
AYE

S3227A  Requires the assessment of a banking institution's record of performance to be in writing detailing the record of performance in helping to meet the credit needs of local communities.
NAY  (Exposes to public scrutiny a bank's non-public information, revealing both bank and customer's private information. Limited only to state-chartered banks not all banks operating in New York.)

S2910  Permits the designation of low volume roads and minimum maintenance roads by town boards and enacts provisions relating to the maintenance, improvement and repair of such roads.
AYE

S3664A  Amends the insurance law, adding a new section 3215-a to prohibit insurance companies from charging different rates for disability insurance on the basis of gender.
AYE

S3822  CONSTITUTIONAL AMENDMENT - Allows a person who will be 18 years old at the time of a presidential election to vote in the presidential primary election if he or she is 17 years of age at the time of the presidential primary election.
NAY  (Does not recognize the continuing development of the adolescent brain, which is the argument for restricting persons of this age group from other activities (i.e. smoking, alcohol consumption)

S2346  This bill would amend sections 9-102, 9-106, 9-110, 9112, 9-114 and 9-124 of the election law, to create the "Uniform Election Night Procedure Act", which essentially provides that election night procedures that have been implemented for and by the New York City Board of Elections, would now be mandated in all counties state wide.
NAY  (Forcing NYC policies upon rest of state.)

S3045B  This bill authorizes the Board Of Elections to cast and canvas any affidavit ballot in an election within which a voter was entitled to vote, so long as such voter "substantially complied" with the requirements offilling out the ballot. Furthermore, failure to include the registrants previous address shall not be a fatal defect.
NAY  (Susceptible to fraud)

S4910  The bill amends section 14-106 of the election law as itrelates to requiring disclosure on political communications. The section requires a "paid for by" statement for all political communications including printed, digital, visual or auditory communications. Political communications shall clearly print, state or speak a disclaimer statement of "Paid for by" and the name of the political committee that made the expenditure for such communication. The bill exempts promotional items that are of nominal value and contain brief message of support including pens, bumper stickers, yard signs and buttons. Digital media which is too small to contain a disclosure statement shall be exempt if it contains a link to a webpage where such disclosure is prominentlydisplayed.
AYE

S5199  Amends the election law to allow board of election employees or a person who has been appointed to serve as an inspector if elections, poll clerk, or election coordinator at a polling place other than the one at which she is registered to vote to submit a special ballot any time after such ballot is printed but not later than the close of polls on election day.
AYE

S1544  Requires commercial service airports owned or operated by the Port Authority or a local authority, county, city, town or village to provide a room or other location in each passenger terminal behind the airport security screening area for persons to express breast milk in private. Such location must include: (1) at a minimum, a chair and an electrical outlet; (2) be located outside of a public restroom; and (3) include a sink (this requirement only applies to airports that have constructed a new terminal or have renovated, replaced or expanded an existing terminal).
AYE

S4653  Amends the agriculture and markets law so that the commissioner will provide technical assistance to small scale producers and processors of agricultural products who are interested in coordinating with each other to aggregate, process, and transport agricultural products with the goal of selling such products in sufficient quantities to meet the demands of food businesses and institutional buyers. The commissioner will also assist in identifying grant opportunities for those farmers who require assistance to scale up their production.
AYE

S987  Authorizes the common council of the city of Albany, as the local legislative body, to establish the fee charged for issuance of birth and death records.
AYE

S3090  This bill would amend section 2827-a of the Public Authorities Law, to eliminate the exception to the general prohibition against public authorities establishing any new subsidiary corporation without prior statutory authority.
AYE

S4278  Enacts the "women on corporate boards study"; requires the department of state, in collaboration with the department of taxation and finance, to conduct a study on the number of women directors who serve on each board of directors of domestic corporations and foreign corporations authorized to do business in New York state.
AYE

S4113  Amends section 1903 of the real property tax lawas it relates to limiting the shift between classes of taxable property to one percent in the Town of Clarkstown.
AYE

S4770A  This bill amends provisions of the social services law governing Medicaid reimbursement to public schools and state operated/state supported schools for the deaf and blind as well as reimbursement to counties for pre-school children with handicapping or suspected handicapping conditions to require that the Department of Health (DOH) review the current rules, regulations, policy, billing guidelines and amendments, in relation to special transportation services for such children, under the Medicaid State Plan on an ongoing basis in order to determine if said rules are more restrictive than required under federal law, regulations or policy.
AYE

S3652  Designates lay individuals as one-day marriage officiants in order to solemnize marriages.
AYE

S3966A  Establishes the Safe Way Home Transportation Program. Such program would entitle sexual assault crime victims to free transportation to any medical facility in the State in which such victim first received medical services. Also entitles a victim advocate to free transportation to and from said medical facility when assisting a crime victim. NOTE - funding would be derived from OVS.
AYE

S5627  Expands customer access to community distributed generation by creating a model tariff to provide for the transfer of bill credits associated with electricity produced by community distributed generation facilities in one electric corporation territory to other territories.
NAY  (Not necessary. Changes to "net metering" better option.)

S4188  constitutional AMENDMENT - Allows a person who will be 18 years old at the time of a presidential election to vote in the presidential primary election if he or she is 17 years of age at the time of the presidential primary election.
AYE

S2936  Authorizes the date of the public hearing to discuss the contents of the proposed budget of fire, fire alarm, and fire protection districts to be held during the third week of October.
AYE

S4230B  This bill would amend the unconsolidated law to provide that a five year phase out (20 percent a year until zero in 2024 and thereafter) of the taxable assessed valuation of real property on final assessment rolls of any water system special franchise property used for conducting water, including, but not limited to, such replacement property in form, function and utility of the property.
AYE

S5138  This bill would amend section 239-o of the general municipal law, which authorizes the establishment of a commission on human rights, by the governing body of any county, city, village or town, to take into consideration in selecting the membership of such commission the various ages, races, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status and political groups in the community.
NAY  (Not necessary. Protections previously covered. Could create inconsistent enforcement across the state.)

S5240  This bill requires those state agencies that regulate small businesses to maintain a section on their websites where small businesses can get easy access to the information they need, provide feedback to the agency and seek assistance in complying with regulations.
AYE

S1245A  Amends Sections 106 (13) of the Alcoholic Beverage Control Law, which restrict the relationships between manufacturers, wholesalers and retailers, by adding a specific parcel of land in the Village of Suffernto the list of parcels which are exempt from these laws.
AYE

S5509  Allows brewery supply stores to sell beer for off premises consumption.
AYE

S6197  This bill amends section 3240 of the insurance law to clarify that "excepted benefits" policies (i.e. accident, dental, vision, intercollegiate sports injury coverage, or travel insurance) are permissible in New York under the ACA to institutions of higher learning.
AYE

S3672  The bill amends section 722 of the County Law, which in criminal cases provides for appointed counsel on appeal for persons unable to afford representation. The bill references post-trial motions and provides that appellate counsel's representation may include the preparation andproceedings on such motions. When representation by the appointed appellate attorney would be inappropriate, such as when ineffectiveness of representation is raised as an issue, counsel would be appointed by the administrator of the assigned counsel plan in operation in the jurisdiction.
AYE

S5528  Directs the education department to study, review and report on the placement of the county of Westchester in the Hudson Valley region for purposes of public school foundation aid, and the appropriateness of placing such county in the Long Island/New York city region for such purposes.
AYE

S5589  Provides that state aid may be provided for up to 90% of the total project approved costs for buildings of public libraries that are located in an economically distressed community.
AYE

S5590  This bill allows libraries to submit single building project applications as well as a coordinated application. This bill requires that applications submitted which request state aid in an amount greater than fifty percent must submit documentation demonstrating how the project willaddress the service needs of one or more economically disadvantaged communities. Additionally, no more than one single building project application shall be submitted per year.
AYE

S4945  Amends the Vehicle and Traffic Law Section to reduce the amount of information required on the registrationattachment required of farm vehicles. The attachment will now only have to indicate the point of origin for the vehicle
AYE

S5209A  This bill would broaden the informal caregiver training program to include training and resources for older adults who are caregivers for minors. The term "frail or disabled person" has been replaced with "person in need of assistance".
AYE

S5367  This bill would require any health care provider, who has determined to close their practice or business to, within 30 days prior to any closure, make a good faith effort to notify each of the health care provider’s current patients that the office will be closing and to inform them of their right to request their patient information and/or medical records to be sent to a health care provider, health care facility or health care practitioner of their choosing, or to have such records returned to them. The aforementioned notification only applies when the patient has included written permission to receive such notification.
AYE

S4416B  Requires the office of parks, recreation and historic preservation to create a plan regarding non-motorized multi-use trails in consultation with the department of environmental conservation, the department of health and the department of transportation.
AYE

S2767a  Encourages the expansion of the production of fresh fruits and vegetables by community gardens.
AYE

S3873  This bill will allows BOCES to establish and encourage young farmer apprentice programs.
AYE

S251  Directs the department of agriculture and markets to increase the number of regional farmers' markets for the direct marketing of foods and produce produced in the state.
AYE

S4655  Establishes a one-stop farming hotline with the Cornell cooperative extension.
AYE

S5437  The bill would amend Þ301 and 305-A of Agriculture and Markets Law (AML) to define agriculture custom operators and include them within entities eligible for agriculture protections.
AYE

S3804A  Relates to the creation of the New York farm to school and school garden fund; allows individuals to make a gift on their personal tax form for such fund; such fund will be used to establish school gardens and purchase equipment and educational materials to promote students' consumption of local products conducted in cooperation with the department of agriculture and markets.
AYE

S5822A  Permits farmers markets in state and local parks.
AYE

S5715  Relates to eligibility under the New York state young farmers loan forgiveness incentive program; expands program to farmers who have produced agricultural products for no more than ten years.
AYE

S103a  Authorizes The New Horizon Counseling Center, Inc. to receive retroactive real property tax exempt status.
AYE

S104  Authorizes the alienation of certain parklands in the town of Hempstead, county of Nassau and the sale of such parkland for fair market value.
AYE

S1234A  Provides that certain misdemeanors involving the revocation and suspension of hunting, trapping or fishing licenses shall be punishable by imprisonment for not more than ninety days, or by a fine of not less than five hundred dollars nor more than one thousand dollars, or by both such imprisonment and fine.
AYE

S1736  This bill would allow the Tonawanda City School District which has elected to self-insure to establish an insurance reserve fund.
AYE

S1827A  Relates to designating a portion of state route thirty-seven and county route twenty-eight as the "Charles 'Chuck' Kelly Memorial Highway" in the town of Lisbon.
AYE

S2459A  The purpose of this bill is to authorize the issuance of certain bond anticipation renewal notes of the City of Binghamton School District issued in connection with the construction of a new school.
AYE

S2857  This bill amends the subparagraph 1-e of paragraph a of subdivision 3 of 271 of the Highway Law to increase the amount that the Town of Smithtown may spend for the purchase of stone crushers, power rollers, motor trucks, scarifiers, concrete mixers, traction engines or road machines for grading and scraping, equipment, tools and other implements.
AYE

S2929A  Permits any title insurance corporation or title insurance agent, or any other person acting for or on behalf of the title insurance corporation or title insurance agent, from undertaking any usual and customary marketing activity aimed at acquainting present and prospective customers with the advantages of using a particular title insurer or title insurance agent that are not intended for the purpose of a reward for the future placement of, or the past placement, of a particular piece of title insurance business; lays out such permitted practices.
AYE

S2994A  This bill would repeal all non-medical exemptions from vaccination requirements for children.
NAY  (Infringes upon religious choice.)

S3658B  Designates a portion of the state highway system in the hamlet of Hartwick, Otsego county as the "Sergeant John Kempe Winslow Memorial Highway".
AYE

S4098B  This bill would amend chapter 635 of the laws of 1963 relating to incorporating the Snyder Volunteer Firemen's Benevolent Association, to expand the purposes and duties of such Association.
AYE

S4330  Authorizes the Seventh Day Church of God of the Apostolic Faith to receive retroactive real property tax exempt status.
AYE

S5136B  Establishes the New York state vaccination awareness campaign and directs the department of health to contract with a consultant to promote and maintain the New York state vaccination awareness campaign; establishes the gift for the New York state vaccination awareness campaign and allows a check-off space on the personal income tax return to enable a taxpayer to make such contribution; makes related provisions.
AYE

S5381  Directs the New York state department of health to conduct a study on the high incidence of asthma in the 5th congressional district and to prepare a remedial plan.
AYE

S5487  Authorizes Cong. K'hal Yereim of Woodridge to file an application for a retroactive real property tax exemption.
AYE

S5554A  This bill makes several changes to the Green Roof tax abatement by removing the requirement that the roof have an insulation layer that complies with the Energy Conservation Construction Code of New York State and with state and local construction and fire codes while adding the requirement that is have a filter or separation fabric and increases the soil requirement from 2 to 4 inches. The abatement program is extended for 5 years to June 30, 2024.
AYE

S5614  Prohibits commercial leases from including a waiver of the right to a declaratory judgment action and states that the inclusion of such a waiver in a commercial lease shall be null and void as against public policy.
NAY  (Contract should be what is agreed to by parties.)

S5803  This bill amends the Civil Service Law to modify the language relied on by several courts in holding disciplinary procedures to be outside the protection of the Taylor Law where any other law commits discipline to the discretion of local officials and to make clear that police officers and firefighters in this state are entitled to collectively bargain the disciplinary procedures that affect them in their employment.
AYE

S5808  Establishes a task force on educator diversity in New York state to study the presence of educator diversity.
AYE

S5815B  This bill provides a small business a cure period of at least 90 days for violations of a State Agency's rules or regulations and the opportunity for a meeting with such agency, unless the type of violation is exempted as specified in the bill.
AYE

S5849  This bill would allow DEC to issue cull permits to certified nuisance wildlife specialists. The specialists shall include employees of Cornell, or any employee of or a contractor for the federal or state government or any city, town, village or county, responsible for wildlife management and acting pursuant to a wildlife management plan.
AYE

S5890A  To clarify the eligibility for line of duty sick leave, to extend line of duty sick leave to certain New York City employees, and to provide a process for public authorities and municipal corporations outside of NewYork City to obtain reimbursement for line of duty sick leave granted to their employees. FORMER COSPONSOR.
AYE

S5927  This bill would provide student loan forgiveness awards to SUNY faculty members who graduated from a New York high school, as well as a SUNY graduate program, and contribute to the diversity of SUNY's faculty. The bill is silent as to whether the individual must have attended an undergraduate program in New York State. The SUNY Board of Trustees would be responsible for establishing application requirements and the selection process.
NAY  (Not fair to others. Not in targeted class.)

S5933A  Amends the State Finance Law by adding a newSection 138-b which would provide that all state agency and state authority contracts shall contain a clause which allows a contractor to make claim for additional costs due to excusable delays which are the result of actions or omissions by a state agency or authority. The act or omission must be within the scope of their responsibility or control.
AYE

S5941  Requires the commissioner of the office of mental health to provide monthly status reports of the community investments and the impact on inpatient census to the chair of the senate finance committee and the chair of the assembly ways and means committee and to post such report on the office's website.
AYE

S5974  This bill prohibits a party from changing its name after it has qualified to become a party at a general election.
NAY

S5987  Establishes space on the business franchise and personal income tax forms to make a gift for home delivered meals for seniors; creates the senior wellness in nutrition fund.
AYE

S6057  Establishes November first of each year as a day of commemoration known as Military Opportunities Day.
AYE

S6083  Prohibits vessels from operating in navigable waters while equipped with a digital billboard, unless a local law has authorized the vessel to do so.
NAY  (Should be a local option.)

S6152  OVS DEPARTMENTAL - Establishes that an action upon a restitution order may be commenced within 20 years of the date it was imposed by the court and any action brought by a victim or a victim's representativemay be commenced within 20 years of the date of the crime.
AYE

S6159  DIVISON OF VETERANS' AFFAIRS DEPARTMENTAL - To update the definition of "veteran" to comport with the definition of "veteran" in federal law, and to bring New York State's existing delivery of programs and services for Veterans and their family members into conformity with federal law.
NAY  (Expands beyond armed forces members.)

S6164A  OMH DEPARTMENTAL - Provides a process for the commissioner to authorize transfer of patients in mental health facilities upon a verdict of not responsible by reason of mental disease or defect, to a foreign nation upon request.
AYE

S6165  EMPIRE STATE DEVELOPMENT DEPARTMENTAL - Amends the Excelsior Linked Deposit program toincrease the lifetime cap on the total amount of money a company may borrow in the program from $2 million to $5 million and to remove the current $2 million limit on the maximum loan amount a company may receive under the program.
NAY  (With no additional funds it will reduce the number of recipients.)

S6171  DOT DEPARTMENTAL - This bill establishes an exemption to the violation of leaving the scene of an accident without reporting found in section 600 of the Vehicle and Traffic Law. Under the provisions of this bill any person who is involved in an accident not involving personal injury or death and who moves their vehicle to a location off the roadway but as near as possible to the place where the damage occurred, so as not to obstruct the regular flow of traffic, is exempted from violation.
AYE

S6181  SLA DEPARTMENTAL - This bill would authorize farm manufacturers, licensed under the state alcoholic beverage control law, to now have other businesses operate on their licensed premises. Such authorization would thereby allow all farm manufacturers to permit other third-party businesses, such as food trucks or other compatible businesses, to operate on their licensed premises.
AYE

S6229  This bill amends the Transportation law to add certain member and update the titles of certain appointees to the Interagency Coordinating Committee on Rural Public Transportation. The bill adds the Commissioner of the Office Of Alcoholism and Substance Abuse Services, the Commissioner of the Office for Temporary and Disability Assistance, the Executive Director of the New York State Justice Center for the Protection of People with Special Needs, the Commissioner of the Office of Children and Family Services. The bill also reduces the number of voting members appointed by the legislature who are transportation providers or consumers representing rural counties by one, while adding a representative of a labor union affiliated with rural public transportation systems receiving public transportation systems as a voting member. The bill establishes that the rest of the members will serve in an advisory capacity.
AYE

S6243  Requires the commissioner of motor vehicles to publish on the department of motor vehicle's website information to assist persons in determining whether a safety recall has been issued on motor vehicles and related equipment, child safety seats or tires.
AYE

S6294  Authorizes Girl Scouts Heart of the Hudson, Inc. to file an application for a certain real property tax exemption.
AYE

S6316  This bill updates the education and experience requirements for licensure for professional land surveyors.
AYE

S6317  This bill extends subdivision 12 of section 246 of chapter 81 of the laws of 1995, which relates to limited home care services agencies, until June 30, 2021.
AYE

S6318  This bill extends for another 2 years, until June 30, 2021, provisions that enhanced consumer protections where a contract is terminated between a health care provider and their health plan.
AYE

S6329  This bill is a 4-Year extender for a requirement that the Governor's Office produce a quarterly report detailing the status of all claims for disaster assistance that are pending or being assisted by the Governor's Office of Storm Recovery and/or the New York Rising Community Reconstruction Plans Program.
AYE

S6330A  Expands which judges may solemnize a marriage to include all federal circuit court of appeals judges and all federal district court judges.
AYE

S6341  This bill would require health plans to clearly identify to a provider the product an individual is enrolled in.
AYE

S6388  OTDA DEPARTMENTAL - This bill would extend, for two years, the expiration of the driver license suspension process, one of the State's most effective tools to enforce child support obligations.
AYE

S6429A  Authorizes the Yeshiva Shaar Ephraim of Monsey, Inc. to file an application for a retroactive real property tax exemption.
AYE