Votes in the NYS Senate for the Week of May 13, 2019

Patrick M. Gallivan

May 16, 2019

The bills listed below were voted on this week 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.

S1861A  The bill would authorize the Dormitory Authority of the State of New York ("DASNY") to provide financing and construction services for public libraries chartered by the Board of Regents or incorporated under the Not-for-Profit Corporation Law.
AYE

S1558A  To authorize the Office of Parks, Recreation and Historic Preservation (OPRHP) to identify and lease vacant, at-risk structures in state parks and state historic sites to private persons to encourage investment of private resources to rehabilitate and maintain such structures pursuant to a plan approved by the state board for historic preservation.
AYE

S4292  This bill limits severance pay clauses to three months' pay for at-will employees of public benefit authorities organized under the public authorities law.
AYE

S4701A  Permits the Roosevelt Fire District to file an application for a retroactive real property tax exemption.
AYE

S1092C  This bill amends Article 131-A of the Education law governing professional misconduct applicable to physicians, physician’s assistants and specialist’s assistants by including the performance of a pelvic examination or supervising a pelvic examination on an anesthetized or unconscious patient without first obtaining the patient’s informed consent. A pelvic examination without the informed consent of an unconscious patient that is necessary for diagnostic purposes and is medically necessary would not constitute professional misconduct.
AYE

S4741A  Provides for notice to persons authorized to receive medical information when a patient treated in a chemical dependence program or facility exhibits signs of possible drug use.
Coalition of Behavioral Health Agencies, Inc.
AYE

S4334A  Designates the portion of State Route 32 from its intersection with Southside Loop and continuing to its intersection with South Putt Corners Road in the Town of New Paltz, Ulster County, as the "Gary Pietropaolo Memorial Highway."
AYE

S4489  Allows retired higher education professionalswho elected to become members of the SUNY or CUNYoptional retirement plan (ORP) to make voluntary automatic contributions to their employee organizations.
AYE

S1668  This bill amends the provision of law governing the form and content of death certificates. In particular, when a death is caused by an opioid overdose, the medical certificate required to be signed by a physician or nurse practitioner must indicate such and must include information, if known, as to the specific opioid that caused the death.
AYE

S4088  This bill authorizes business corporations to permit shareholders to attend meetings via remote communication and to be deemed present for voting purposes. Under current law, remote attendance of shareholder meetings is not expressly authorized in New York (over 20 other States currently allow such remote attendance).
AYE

S4140  To allow Lubavitch of Roslyn to apply for a retroactive real property tax exemption.
AYE

S4362A  Grants the village of Westbury retroactive real property tax exempt status for property located at 255 Schenck Avenue, village of Westbury, county of Nassau.
AYE

S5232  To authorize Morning Star Missionary Baptist Church to apply for a real property tax exemption for certain property in the City of Albany, county of Albany.
AYE

S5235  To authorize the Northeastern Association of the Blind at Albany, Inc. to apply for a real property tax exemption for certain property in the City of Albany, county of Albany.
AYE

S2507  Requires the office of alcoholism and substance abuse services to develop training materials for health care providers and qualified health professionals, recognized by the office to enable the implementation of the screening, brief intervention, and referral to treatment program, regarding screening for alcoholism and chemical dependency.
AYE

S4863  Removes references of gravity knives from certain provisions of the penal law relating to firearms and other dangerous weapons
AYE

S2356  To allow victims of domestic violence who have sought and received a permanent order of protection, and are under contract including but not limited to a multi-year of bundle contract offered by a local exchange telephone corporation or cable television company providing telephone services, to break such contract without penalty.
AYE

S2224B  Establishes that domestic violence advocates may not disclose any communication made by a client to the advocate except in certain circumstances including after the consent of the client or if the client reveals an intent to commit a crime.
AYE

S2416  This bill would increase the statute of limitation for civil suits related to injury caused by domestic violence to two years.
AYE

S2127  Designates Paradox Lake as an inland waterway for the purposes of waterfront revitalization.
AYE

S1868  This bill would exempt parties liable for failure to obey or enforce domestic violence orders of protection or temporary orders of protection from limited liability provisions under the Civil Practice law and rules. Currently, multiple tortfeasors are typically liable for damages only in proportion to their liability for non-economic losses (i.e. pain and suffering).
NAY  (Conference of Mayors are concerned due to removal of limited liability protections afforded law enforcement agencies for failing to enforce orders of protection. Unfunded mandate.)

S2113  Requires the Commissioner of Education to provide a veteran licensed to practice a profession in another jurisdiction temporary admission to practice that profession in NYS. The temporary admission must be for the time it takes for the veteran's application to practice the profession in this state to be processed.
AYE

S2283A  Provides for the establishment of a toll-free telephone number for use as (i) a clearinghouse by veterans, active members of the Armed Forces in New York and their families to obtain referrals to entities that provide benefits or services available to them; and (ii) a crisis line to respond to requests for assistance from veteransmodeled after the federal veterans' crisis line. The toll-free number shall be staffed by employees of or trained volunteers working at the Division of Veterans' Services on weekdays during regular business hours, and on weekends and holidays from 9 AM to 5 PM.
AYE

S2570  Allows for an additional real property tax exemption when two qualified veterans reside in the same household for the alternative veterans' exemptions.
AYE

S2741A  Permits veterans to receive academic credits toward their degree at a SUNY or CUNY institution for completion of courses that were part of such veteran's military training or service if the completed courses meet the standards of the American Council on Education or its equivalent. Fees, tuition or other charges must not be assessed against said veteran who qualifies for the credit.
AYE

S2930A  Authorizes municipalities to offer a real property tax exemption for property owned by certain persons performing active duty in a combat zone in an amount to the extent of fifteen percent of the assessed value of the real property, but shall not exceed twelve thousand dollars.
AYE

S3647  CONSTITUTIONAL AMENDMENT - Amends Section 6 of Article 5 of the New York State Constitution to eliminate the requirement that a veteran must have served in time of war in order to be eligible to receive 5 points additional credit in a competitive examination for original appointment and 21/2 points additional credit in an examination for promotion, or additional 10 or 5 points credit, respectively, if such veteran was disabled in the actual performance of duty in any war.
AYE

S5184  Provides military voters the opportunity to cast their ballots for election of members of the board of education and school district, public library trustees, and the adoption of the annual budget and school district public library budget and referenda.
AYE

S4345  Expands the definition of the offense of coercion in the second degree to include the production or dissemination of intimate images; and relates to the definition of "sex offense".
AYE

S4657A  Establishes the right of tenants to call police or emergency assistance without fear of losing their housing as the result of landlord actions or local nuisance laws.
AYE

S257  This bill would amend section 5-508 of the election law, to allow victims of sexual violence to have their voter records sealed.
AYE

S3232A  This legislation would allow domestic violence victims to vote via person or mail. Currently, domestic violence victims can vote up to one week before an election at their county board of elections. This bill would allow those victims to also vote via mail so they don't have to cast the ballot in county. It would also expend the timeframe by which they can cast their ballots so it corresponds with the absentee ballot timeframe.
AYE

S1414A  To criminalize the manufacture, sale, transport, and possession of firearms, rifles, shotguns, and the major components of such weapons which cannot be detectable by an X-ray machine, portable pulsed X-ray generator, metal detector or magnetometer when set at a standard calibration, or any other machine used to screen or inspect persons & objects for such items.
NAY  (Already prohibited federally.)

S1549A  Includes complete streets design features in resurfacing, maintenance and pavement recycling projects that are subject to the department of transportation's oversight. NOTE - potential unfunded mandate.
NAY  (An unfunded mandate on municipalities.)

S2978  Requires charter buses to use commercial global positioning system technology which takes into account the minimum clearance of the motor vehicle.
AYE

S3344A  Authorizes the professional certification of doulas; only those certified may provide doula services defined as continuous emotional and physical support provided by a certified doula throughout labor and birth, and intermittently during the prenatal and postpartum periods. NOTE - A Doula is also known as a birth companion, birth coach post-birth supporter who supports a birthing woman by providing continuous care before, during or after childbirth in the form of information, physical support, and emotional support.
AYE

S2960A  This bill would require a mandatory "school bus safety" education component within the pre-licensing course as a prerequisite for obtaining a license. NOTE - this version has been amended to extend the effective date to one year.
AYE

S4524B  Relates to school bus safety cameras; relates to owner liability for failure of operator to stop for a school bus displaying a red visual signal and stop-arm; authorizes school districts to enter into agreements with municipalities for the installation and use of school bus photo violation monitoring systems; makes related provisions.
AYE

S4206A  Establishes an affirmative defense for causes of actions related to damages for any claim on grounds that a party possessed or used seeds or plants that contained genetically engineered or genetically modified organisms without entering into an agreement or paying fees to the manufacturer or licensed distributor of such products.
AYE

S2773  Requires the metropolitan transportation authority and the New York city transit authority to implement certain standards issued by the society for protective coatings pertaining to applying and removing coatings from bridges, trestles, and elevated subway and railway tracks and stations.
AYE

S4175  This bill authorizes municipalities to include unpaid fines for building and fire code violations in the following year's tax levy and subjects the property to foreclosure proceedings as authorized by the law for unpaid real property taxes.
AYE

S1777  Validates certain acts of the Newburgh Enlarged city school district and the Chester Union Free school district with regard to capital improvement projects and provides for payment of state aid for such projects.
AYE

S2611  Validates certain acts by the Roscoe central school district in connection with final building cost reports required to be filed with the education department.
AYE

S2976  Legalizes, validates, ratifies and confirms the actions of the Huntington union free school district regardless of the failure of such district to timely file final building cost reports.
AYE

S2977  Relates to legalizing, validating, ratifying and confirming a transportation contract of the Cold Spring Harbor central school district.
AYE

S4333  Legalizes, validates, ratifies and confirms the actions of the Monticello central school district regardless of the failure of such district to timely file final building cost reports.
AYE

S4949  Validates certain acts of the Mahopac Central school district with regard to certain capital improvement projects.
AYE

S4957  Authorizes the Schenevus central school district to apply to the commissioner of education to receive an apportionment to be used for services and expenses of such school district and to support its educational programs and any liability in carrying out the functions and responsibilities of such district.
AYE

S3450B  Requires the display of a motor carrier's valid operating authority, inspection information and the driver's credentials prominently for ease of reference by passengers. Also changes the review of a bus driver's files by the department from every three years to annually. NOTE - does not apply to school buses or buses operated by a transit authority or municipality.
AYE

S3557  Authorizes the commissioner of motor vehicles to impose higher civil penalties upon motor carriers for failure to report to the commissioner of motor vehicles violations, including driving while intoxicated, leaving the scene of an incident, reckless driving or a felony involving the use of a motor vehicle by bus drivers employed by such carrier.
AYE

S4336  Provides that no person sixteen years of age or over shall be a passenger in a motor vehicle unless such person is restrained by a safety belt approved by the commissioner of motor vehicles.
NAY  (Infringes on free choice.)

S5228A  Requires instruction in pedestrian and bicyclist safety as part of the drivers pre-licensing course to educate prospective licensees on how to safely pass a bicyclist on the road, use of bicycle lanes and the dangers of motorists to bicyclists and pedestrians.
AYE

S5685  Enacts Brianna's Law; requires that operators of mechanically propelled vessels complete a boating safety course.
NAY  (Will adversely impact tourism. No "grandfather" clause included to exempt experienced boaters from having to obtain a boating safety certificate.)