Votes in the NYS Senate for June 14, 2019

Patrick M. Gallivan

June 18, 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.

S1481A  This bill would mandate OCFS to require training concerning lesbian, gay, bisexual, and transgender runaway and homeless youth.
AYE

S3247B  Authorizes certain law enforcement officers and firefighters to possess and administer epinephrine by use of an epinephrine auto-injector device
AYE

S2109A  This bill would amend section 651-a of the banking law, to provide that every agent of a licensedmoney transmitter shall remit all moneys owed such licensee in accordance with the terms of thecontract between the licensee and such agent.
AYE

S2900  This bill would add a new Section 431 to the Real Property Tax law, to establish a new green development tax exemption. NOTE - Does not apply to NYC and is at local option.
AYE

S3444A  Designates Junior lake and Sparkle lake as inland waterways for purposes of waterfront revitalization.
AYE

S3806A  Establishes a Latina suicide prevention task force; provides for the number of members, manner of appointment and the topics to be reviewed.
AYE

S3297D  Limits robocalls to state residents and requires telephone service providers to offer free call mitigation technology to telephone customers. Any violation of these statutes could result in a civil penalty of not less than $5,000 and not more than $10,000 per violation.
AYE

S4092A  Authorizes the Village of Island Park to retroactively apply for a real property tax exemption for the village's village hall for the 2017-2018 school tax and 2018 general tax assessment rolls.
AYE

S1092E  Prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious person; includes unauthorized pelvic examinations under professional misconduct. NOTE - The D print of this bill amends the language to explicitly state that no person shall perform a pelvic examination or supervise the performance of a pelvic exam on an anesthetized or unconscious patient unless the person performing the exam is legally authorized to so and meets the 3 conditions established in the c print. The amendments further amend the PHL to clarify that professional misconduct include pelvic exams or supervising the performance of a pelvis exam that does notmeet the requirements enumerated above. Finally, the bill amends the education law to expand existing medical malpractice protections to include pelvic examinations or supervising the performance of a pelvic examination without informed consent or medical necessity.
AYE

S2844B  Relates to securing payment of wages for work already performed; creates a lien remedy for all employees; provides grounds for attachment; relates to procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft; relates to rights for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft.
NAY  (This bill gives special enhanced standing and power to persons asserting various wage claims that are not given to virtually any other litigants in our system.)

S5080  Extends the village of Port Chester occupancy tax for three years.
AYE

S5081  Extends the village of Mamaroneck occupancy tax for three years.
AYE

S5082  Extends the occupancy tax in the village of Tuckahoe until September 1, 2022.
AYE

S5083  Extends the village of Rye Brook occupancy tax for three years.
AYE

S5191  Extends the hotel and motel tax in the town of Woodbury an additional three years.
AYE

S3685B  Provides that authorities having control of a fire department or fire company which provides emergency medical services may establish fees and charges for services.
AYE

S5281B  Alienates certain parklands in the town of Stony Point, county of Rockland, conveyed to said town pursuant to Chapter 851 of the Laws of 1973.
AYE

S3281A  The bill authorizes the sale of cider and wine at places authorized to conduct games of chance. NOTE - The amendment struck out language that would have allowed cider producers, farm cideries, wineries, and farm wineries to sell and host tastings of any New York labelled cider, regardless of their production of that product.
AYE

S439A  This bill would amend the Executive Law by adding a new section 159-b, which would set definitions for a variety of terms including chemical plant, class B firefighting foam, firefighting personal protective equipment, local governments, and PFAS chemicals. PFAS chemicals is the umbrellas term for the man-made chemicals PFOA and PFOS. It would also mandate that no person (individual, association, partnership, etc.), local government, or state agency would be able to discharge for training purposes or for other uses, class B firefighting foam that contain PFAS chemicals.
AYE

S2692  Requires that the report the correction medical review board issues regarding the death of any inmate be issued to the governor, the chairman of the assembly committee on correction and the chairman of the senate committee on crime victims, crime and correction, and requires that such report shall not be redacted except as otherwise required to protect confidential records.
AYE

S2326  Authorizes the housing part of the civil court of the city of New York on its own motion or on the motion of a party to join the department of social services of the city of New York as a party in any action or proceeding wherein the failure of a recipient of or applicant for public assistance to pay rent is at issue; also permits the court to join the division of adult protective services of the city of New York, where appropriate.
AYE

S4166A  This bill would require all public schools to observe a moment of silence for silent prayer or reflection on the morning of September 11th each year. The bill stipulates that this shall not be a religious exercise. NOTE - The "B" print removes the language referring to each public school classroom, a moment of silent prayer on the morning of September 11th and having the teachers observe a moment of silence; it also removes the stipulation that it shall not be a religious exercise; and instead requires the Commissioner of Education to make special provisions for the observance of a brief period of silence for September 11th Remembrance Day.
AYE

S3404  Extends the provisions authorizing the town of Greenburgh and specified villages in the towns of Greenburgh and Mount Pleasant to adopt a local law to impose a hotel/motel occupancy tax.
AYE

S3708  Extends the effectiveness of the occupancy tax in the town of North Castle to 2022.
AYE

S4809A  This bill provides language that would allow a parent or non-parent caregiver to choose to exclude any unearned income of a child from the public assistance household calculation.
NAY  (Is intended to expand eligibility for public assistance.)

S5315  To require the office for people with developmental disabilities to provide timely notification when they suspend services at a state-operated individualized residential alternative.
AYE

S5133  This bill provides ambulance medical technician supervisors, ambulance medical technician coordinators, and ambulance medical technicians employed by Nassau County to be entitled to performance of duty disability retirement.
AYE

S5568  To provide that a majority of the appointed voting membership shall constitute a quorum for the state camp safety advisory council.
AYE

S4203A  This bill would authorize the Court to order continued visitation and/or contact between birth parents and a child after such parent's rights have been terminated. NOTE - termination of parental rights is typically determined after substantial court involvement typically over many years.
NAY  (Implementation of this policy would decrease the number of in-dividuals willing to be foster parents and prospective adoptive parents, as there would likely bemultiple curt appearances to determine or modify visitation.)

S5720  This bill eliminates the authority of religious corporations to seek approval from the Attorney General to sell, mortgage or lease real property for greater than 5 years.
NAY

S2769  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 jurisdictionsand school districts, prior to approval of projects by such an IDA.
AYE

S4907  Requires a municipality to give notice to an adjacent municipality of the adoption or amendment of certain zoning ordinances or local laws that affect parcels of land within 500 feet of the adjacent municipality.
NAY  (Could stymie economic development efforts. Infringes on home rule.)

S5647B  Authorizes BB/S Facilities Management Corporation to receive retroactive real property tax exempt status.
AYE

S4165A  The purpose of this bill is to extend permanently, requirements to continue protection of Jamaica Bay. This will strengthen protection of the Jamaica Bay waters making it safer for current and all future generations.
AYE

S5438  Limits the applicability of plumbing and drainage provisions to the city of Middletown.
AYE

S4403A  This act provides for the establishment of minimum standards for licensure of water-based fire protection system installation, servicing, repairing, inspecting, testing and maintenance. It establishes penalties for improper business practices and prohibits unlicensed activities.
AYE

S5079A  The bill would amend Article 13 of Real Property Actions and Proceedings Law (RPAPL) to authorize municipalities to compel mortgagees either to complete mortgage foreclosure actions or to issue certificates of discharge for properties that have been certified abandoned.
NAY  (Targets banks only - Responsibility of owner is overlooked.)

S5357  The bill would amend Þ1305 of Real Property Actions and Proceedings Law (RPAPL) to expand the definition of tenant to include all lessees residing in a property that is being foreclosed instead of those that were there when foreclosure proceedings began.
NAY  (This bill could have a deleterious effect on a future landlord.)

S5475  This would allow an opportunity to Ballot committee to receive notices to act as aggrieved candidate to bring election proceedings. The OTB committee would be treated the same as if they were a candidate named on the petition.
AYE

S6195  This bill amends section 3-101 of the energy law, which outlines the state's energy policy, by adding that the state's energy policy include protecting critical infrastructure. The bill also amends the definition of critical infrastructure to include "Industrial Control Systems". It also adds a new definition of industrial control systems.
AYE

S128  To allow local governments in Rockland County to provide a property tax exemption to active auxiliary police officers.
AYE

S5425  This bill amends local finance law section 121.20 to allow small city districts to factor anticipated building aid into their debt limit calculations, as is done for non-city districts.
AYE

S5592  Authorizes the county of Nassau to lease certain parklands for an additional twenty year period and requires proceeds of such lease to be used by the county of Nassau for park purposes.
AYE

S5427  This bill amends the Alcoholic Beverage Control Law to increase the number of barrels of beer brewed on premises that a restaurant brewer can sell. Restaurant brewers would be allowed to sell two thousand barrels of beer to other retail licensees via a NYS licensed beer wholesaler. Restaurant brewers would also be allowed to sell two thousand barrels of beer to individuals and in bulk for consumption, and not resale.
AYE

S3755  Extends the effectiveness of the occupancy tax in the village of Harrison.
AYE

S5639A  This bill would amend sections 101 and 106 of the alcoholic beverage control law, authorize an historic property in the City of Troy to be redeveloped into a brewery and restaurant.
AYE

S5766  Relates to the residency of correction officers employed by the county of Nassau.
AYE

S5936A  Authorizes the residence of the person holding the office of town superintendent of highways or town engineer of the town of Pavilion, Genesee county to be in an adjoining town or village in an adjoining town.
AYE

S4577A  Requires the department of agriculture and markets to issue code red and blue alerts for companion animals during extreme weather; requires owners of companion animals to bring their animals indoors whenever a code red or blue alert has been issued.
NAY  (Too ridged. Does not account for animals that are better equipped for outside weather. Animal cruelty already illegal.)

S4802  Requires the commissioner of agriculture and markets to identify and develop standards for therapy dogs.
AYE

S5773  This bill amends the requirement for the NYS science, technology, engineering and mathematics incentive program that a student must live and work for five years within a STEM field upon graduation. Under this bill, a student must still live and work in NY for five years but the employment does not have to be within a STEM field.
NAY  (Removing that requirement defeats the purpose of the original program which was to educatestudents in STEM fields and have them work in NYS in such fields.)

S5769  This bill will make changes to the real property tax cap quantity change factor for the Minisink Valley Central School District on the PILOT paid to by Competitive Power Ventures to provide that the change in assessed value for each property on the exempt side of the tax roll for this PILOT agreement.
AYE

S4759A  Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.
NAY  (Already able to do this in court if necessary.)

S5491  This bill would require the notice of a lien specify whether the lien is being filed is on a single family dwelling.
AYE

S5485A  This bill amends the public health law regarding managed long-term care plans, to allow the commissioner to auto-assign a person already Medicaid eligible into a long term care plan where the person has been determined eligible but has not selected a plan within the first 75 days of eligibility and extends eligibility until assignment is completed.
AYE

S726A  This bill would authorize the State Liquor Authority(SLA) to issue a license to a specified movie theater in Brooklyn to allow it to serve beer, wine, cider and mead.
AYE

S4216B  Relates to the incorporation of the Fairview Firemen's Benevolent Association of the town of Greenburgh, county of Westchester, New York, and providing for the payment to such corporation of a portion of the taxes imposed by section five hundred fifty-three and five hundred fifty-four of the insurance law, in relation to the usage of moneys received from foreign fire insurance companies.
AYE

S4466  Extends the expiration date of the personal income tax surcharge imposed by the city of Yonkers.
AYE

S5210  Authorizes Susan Gillinder, the widow of Robert C. Ritchie, to file a new service retirement application and an option election form on behalf of her deceased husband with the New York state and local employees' retirement system.
AYE

S6268  Extends the effectiveness of chapter 465 of the laws of 2016 amending the tax law relating to authorizing the city of Hudson to impose hotel and motel taxes until December 1, 2022.
AYE

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

S1239A  Legalizes, validates, ratifies and confirms the actions of the Spackenkill union free school district regardless of the failure of such district to timely file final building cost reports.
AYE

S1810  Requires a utilization review of a request for nursing home care after an inpatient hospital admission to be completed within 24 hours of the request.
AYE

S2176  This bill would provide for assistance in the creation of micro-business worker cooperatives upon transfer of ownership of an existing business.
AYE

S3158  This bill would require the Department of Health to offer a risk management course in obstetrics and midwifery, and would allow the Department of Financial Services (DFS) to approve an actuarially appropriate premium reduction to the physician/midwives medical malpractice insurance.
AYE

S3200A  Creates a public education initiative designed to eliminate stigma and misinformation about mental illness and substance use among military service members.
AYE

S3221  Directs the department of financial services to establish an internet website for comparison of federal home equity conversion reverse mortgage products offered in the state.
AYE

S3766  Provides a mental hygiene legal service to patients or residents of residential healthcare facilities who have been admitted directly from a facility and who have a serious mental illness and are receiving services related to such illness.
AYE

S4417  Authorizes the town of Webster, county of Monroe to alienate and convey certain parcels of land used as parklands.
AYE

S4454  This bill would add a new section 2617 of the insurance law to provide that whenever an insured suffers a loss or damage to real property, no insurer providing coverage therefor shall require that repairs be completed by a particular entity or individual.
NAY  (Insured should be able to choose.)

S4915A  Designates a portion of the state highway system in the town of Nichols, county of Tioga, on state route seventeen between exits sixty-two and sixty-three as the "Dennis 'Matt' Howe Memorial Highway".
AYE

S5006A  This bill would amend Section 353 of the executive law to mandate that the state division of veterans services, provide information regarding resources that are available to assist veterans who experienced military sexual trauma while on active duty or during military training, by maintaining a military sexual trauma portal on the division's internet website.
AYE

S5047  This legislation establishes minimum standards for allocations of stipulations involving unrepresented litigants in housing court proceedings to ensure that all litigants understand the proceedings in which theyare involved, any defenses they may have, and the consequences of stipulations. The legislation also adds compliance with these minimum standard for allocutions of stipulations involving unrepresented litigants as a requirement for reappointment of Housing Court judges.
NAY  (Tenant choice to represent themselves.)

S5402  Exempts certain funds in NY ABLE savings accounts from the calculation of household benefits under public assistance programs. NOTE - NY ABLE is an account only available to an individual who was found to be disabled before the age of 26.
AYE

S5466  Authorizes the town of Southampton, in the county of Suffolk, to issue bonds and notes, for a period of probable usefulness not to exceed 30 years, which shall apply to the object or purpose of constructing or reconstructing underground conduits and related facilities for the protection of public or municipal utility transmission lines.
AYE

S5514A  OCA DEPARTMENTAL - Requires that notice of an infant's right to support be given to either the parent or legal guardian of the infant, and if there is more than one, to both parents or legal guardians of the infant at the same time. The purpose of this measure is to ensure that all persons legally responsible for an infant, regardless of gender or status as a parent or legal guardian, receive equal notice of that infant'sright to support.
AYE

S5545  Establishes a small business tax credit for the employment of disabled persons.
AYE

S5582  Exempts certain non-profit car-sharing organizations from the supplemental tax on passenger car rentals outside of the metropolitan commuter transportation district.
AYE

S5595A  This bill will lower the threshold for filing an income tax return from the current $4,000 to the amount of the taxpayers standard deduction.
AYE

S5625A  This bill would amend the state finance law to direct 25 percent of the net drop from gaming devices in Madison County to Madison County.
NAY  (Rules should apply to all.)

S5640B  Authorizes the town of Chester to establish community preservation funds; establishes a real estate transfer tax with revenues therefrom to be deposited in said community preservation fund.
AYE

S5644B  Authorizes the town of Blooming Grove to establish community preservation funds; establishes a real estate transfer tax with revenues therefrom to be deposited in said community preservation fund.
AYE

S5659  This bill grants NYPD detectives of the third grade who have served at this rank for 15 years and detectives of the second grade who have served at this rank for 10 years the same rights in respect to the police pension fund as detectives of the grade immediately higher.
AYE

S5673  This bill establishes civil penalties for making false material statements to the public service commission in relation to a rate proceeding.
AYE

S5716  This bill makes changes to the eligibility requirements for receiving grants from the beginning farmers' NY Fund. Overall it appears the changes are intended to expand the scope of farmers who could qualify for grant assistance from the fund.
AYE

S5741  This bill amends the social services law to establish a new section 367-j regarding complex rehabilitation technology; coverage and safeguards. Establishes a definition for "complex medical needs patient," "complex rehabilitation technology," "Individually configured," "Qualified complex rehabilitation technology professional," "qualified complex rehabilitation technology supplier" and "qualified health care professional." The bill would require the commissioner to establish new billing codes for complex rehabilitation technology by the Medicare program, and maintain specific reimbursement and billing procedures for such products. Requires managed care organizations to establish reimbursement rates for complex rehabilitation technology products provided through managed long-term care or managed care consistent with this article. The commissioner is authorized to establish minimum benchmark reimbursement rates to be paid by managed care organizations.
AYE

S5812  creates a public education initiative designed to eliminate stigma and misinformation about mental illness and substance use among military service members.
AYE

S5820  Requires the New York state energy research and development authority to study and make recommendations regarding the state's electric vehicle inventory and improvements to the state's electric vehicle infrastructure.
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.
NAY  (Does not do enough.)

S5864A  Provides a television writers' and directors' fees and salaries credit; provides that to be eligible the writer or director is a minority group member, or a woman, and provides, further, that any writer or director who is a profit participant in the qualified production shall not be eligible
NAY  (Takes from existing resources - Less for all others.)

S5871  The bill would amend article 11 of the environmental conservation law to add a new Title 20-A, which would create the marine mammal and sea turtle protection area around the designated areas around Plum Island, Great Gull Island, and Little Gull Island.
AYE

S6031  Requires the office of children and family servicesand the department of health to make available home visiting program information to the council on children and families for an internet mapping resource. Such internet mapping resource would include the following information: program name, program address and phone number, and program recipient eligibility criteria.
AYE

S6358  Extends the time period for the conveyance of lands for the establishment of the Gateway National Recreation Area until June 30, 2021.
AYE

S6458  Enacts the "Housing Stability and Tenant Protection act of 2019"; extends and makes certain provisions of law permanent relating to rent control and rent stabilization (Part A); repeals provisions of law relating to rent increases after vacancy of housing accommodations (Part B); relates to vacancy of certain housing accommodations (Part C); relates to vacancies in certain housing accommodations and repeals various provisions of law relating to vacancy decontrol (Part D); relates to regulation of rents (Part E); relates to investigation of rent overcharge complaints (Part F); establishes the "statewide tenant protection act of 2019"; expands rent and eviction protections statewide (Part G); relates to rent adjustments and prohibition of fuel pass-along charges (Part H); relates to recovery of certain housing accommodations (Part I); relates to not-for-profits use of certain residential dwellings (Part J); relates to the temporary increase in rent in certain cases (Part K); enacts the "rent regulation reporting act of 2019" (Part L); enacts the "statewide housing security and tenant protection act of 2019" (Part M); relates to conversions to cooperative or condominium ownership in New York city (Part N); and relates to the duties and responsibilities of manufactured home park owners and residents (Part O).
NAY  (1. NYC imposition on rest of state. 2. No housing issue upstate. 3. Will adversely impacyt those in need. 4. Limits the ability for owners to recover ROI. 5. Eliminates means testing. 6. Will disincentivize investment. 7. Creates an issue for towns and villages. 8. "Class of Housing" could single out certain owners.)