| NY State Senate

assembly Bill A9488

2015-2016 Legislative Session

Relates to requiring businesses to pay holiday premium pay on certain federal holidays

download bill text pdf

Archive: Last Bill Status -

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2016	ordered to third reading rules cal.401 rules report cal.401 reported
Jun 07, 2016	amend and recommit to rules 9488c
Jun 01, 2016	reported referred to rules
May 24, 2016	print number 9488b amend (t) and recommit to labor
May 16, 2016	print number 9488a amend (t) and recommit to labor
Mar 10, 2016	referred to labor

Bill Amendments

Original (Active)

Co-Sponsors

A9488 - Details

Law Section:: Labor Law
Laws Affected:: Amd §190, add §191-d, Lab L

A9488 - Summary

Relates to requiring employers to pay holiday premium pay to certain employees on certain federal holidays.

A9488 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9488

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
  Committee on Labor

AN ACT to amend the labor law, in relation to requiring retailers to pay
  holiday premium pay on certain federal holidays

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  190  of the labor law is amended by adding a new
subdivision 10 to read as follows:
  10. "HOLIDAY PREMIUM PAY" MEANS A RATE OF BASIC PAY PLUS  PREMIUM  PAY
AT  A  RATE EQUAL TO ONE-HALF HIS OR HER RATE OF BASIC PAY FOR NON-OVER-
TIME HOURS WORKED UP TO EIGHT ON CERTAIN FEDERAL HOLIDAYS.
  S 2. The labor law is amended by adding a new section 191-d to read as
follows:
  S 191-D. HOLIDAY  PREMIUM  PAY.  1.  FOR  PURPOSES  OF  THIS  SECTION,
"RETAILER" SHALL MEAN ANY PERSON WHO AS A BUSINESS OR FOR-PROFIT VENTURE
SELLS OF LEASES PRODUCTS FOR-PROFIT TO INITIAL CUSTOMERS.
  2. ALL RETAILERS SHALL PAY HOLIDAY PREMIUM PAY, AS DEFINED IN SUBDIVI-
SION TEN OF SECTION ONE HUNDRED NINETY OF THIS ARTICLE, ON THE FOLLOWING
HOLIDAYS:
  A. NEW YEAR'S DAY;
  B. LABOR DAY;
  C. MEMORIAL DAY;
  D. COLUMBUS DAY, AFTER NOON;
  E. INDEPENDENCE DAY; AND
  F. VETERAN'S DAY AFTER 1:00 P.M.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13681-02-6

Co-Sponsors

A9488A - Details

Law Section:: Labor Law
Laws Affected:: Amd §190, add §191-d, Lab L

A9488A - Summary

Relates to requiring employers to pay holiday premium pay to certain employees on certain federal holidays.

A9488A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9488--A

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. SEPULVEDA, MOSLEY, LAVINE, RIVERA, BLAKE -- read
  once and referred to the Committee on Labor --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the labor law, in relation to  requiring  businesses  to
  pay holiday premium pay on certain federal holidays

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 190 of the labor law is amended  by  adding  a  new
subdivision 10 to read as follows:
  10.  "HOLIDAY  PREMIUM PAY" MEANS A RATE OF BASIC PAY PLUS PREMIUM PAY
AT A RATE EQUAL TO ONE-HALF HIS OR HER RATE OF BASIC PAY  FOR  NON-OVER-
TIME HOURS WORKED UP TO EIGHT ON CERTAIN FEDERAL HOLIDAYS.
  S 2. The labor law is amended by adding a new section 191-d to read as
follows:
  S 191-D. HOLIDAY PREMIUM PAY.  ALL BUSINESSES SHALL PAY HOLIDAY PREMI-
UM  PAY,  AS DEFINED IN SUBDIVISION TEN OF SECTION ONE HUNDRED NINETY OF
THIS ARTICLE, ON THE FOLLOWING HOLIDAYS:
  1. NEW YEAR'S DAY;
  2. LABOR DAY;
  3. MEMORIAL DAY; AND
  4. INDEPENDENCE DAY.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13681-03-6

Co-Sponsors

A9488B - Details

Law Section:: Labor Law
Laws Affected:: Amd §190, add §191-d, Lab L

A9488B - Summary

Relates to requiring employers to pay holiday premium pay to certain employees on certain federal holidays.

A9488B - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9488--B

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. SEPULVEDA, MOSLEY, LAVINE, RIVERA, BLAKE -- read
  once and referred to the Committee on Labor --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the labor law, in relation to requiring employers to pay
  holiday premium pay to certain employees on certain federal holidays

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 190 of the labor law is amended  by  adding  a  new
subdivision 10 to read as follows:
  10.  "HOLIDAY  PREMIUM PAY" MEANS A RATE OF BASIC PAY PLUS PREMIUM PAY
AT A RATE EQUAL TO ONE-HALF HIS OR HER RATE OF BASIC PAY  FOR  NON-OVER-
TIME HOURS WORKED UP TO EIGHT ON CERTAIN FEDERAL HOLIDAYS.
  S 2. The labor law is amended by adding a new section 191-d to read as
follows:
  S 191-D. HOLIDAY PREMIUM PAY.  EVERY EMPLOYER SHALL PAY TO EACH OF ITS
EMPLOYEES  WHOSE  RATE OF BASIC PAY IS EQUAL TO THE PAY RATE PURSUANT TO
SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW, HOLIDAY PREMIUM PAY,  AS
DEFINED  IN  SUBDIVISION TEN OF SECTION ONE HUNDRED NINETY OF THIS ARTI-
CLE, ON THE FOLLOWING HOLIDAYS:
  1. NEW YEAR'S DAY;
  2. LABOR DAY;
  3. MEMORIAL DAY; AND
  4. INDEPENDENCE DAY.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13681-05-6

Co-Sponsors

A9488C - Details

Law Section:: Labor Law
Laws Affected:: Amd §190, add §191-d, Lab L

A9488C - Summary

Relates to requiring employers to pay holiday premium pay to certain employees on certain federal holidays.

A9488C - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9488--C

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. SEPULVEDA, MOSLEY, LAVINE, RIVERA, BLAKE -- read
  once and referred to the Committee on Labor --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported and referred to the Committee on  Rules  --  Rules  Committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to the Committee on Rules

AN ACT to amend the labor law, in relation to requiring employers to pay
  holiday premium pay to certain employees on certain federal holidays

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 190 of the labor law is amended  by  adding  a  new
subdivision 10 to read as follows:
  10.  "HOLIDAY  PREMIUM PAY" MEANS A RATE OF BASIC PAY PLUS PREMIUM PAY
AT A RATE EQUAL TO ONE-HALF HIS OR HER RATE OF BASIC PAY  FOR  NON-OVER-
TIME HOURS WORKED UP TO EIGHT ON CERTAIN FEDERAL HOLIDAYS.
  S 2. The labor law is amended by adding a new section 191-d to read as
follows:
  S 191-D. HOLIDAY PREMIUM PAY.  EVERY EMPLOYER SHALL PAY TO EACH OF ITS
EMPLOYEES, EXCEPT ANY PERSON EMPLOYED IN A BONA FIDE EXECUTIVE, ADMINIS-
TRATIVE,  OR  PROFESSIONAL CAPACITY WHOSE EARNINGS ARE IN EXCESS OF NINE
HUNDRED DOLLARS A WEEK, HOLIDAY PREMIUM PAY, AS DEFINED  IN  SUBDIVISION
TEN  OF  SECTION  ONE  HUNDRED  NINETY OF THIS ARTICLE, ON THE FOLLOWING
HOLIDAYS:
  1. NEW YEAR'S DAY;
  2. LABOR DAY;
  3. MEMORIAL DAY; AND
  4. INDEPENDENCE DAY.
  S 3. Nothing in this act shall be deemed to diminish the rights, priv-
ileges, or remedies of any  employee  under  any  collective  bargaining
agreement or employment contract.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13681-06-6

assembly Bill A9487

2015-2016 Legislative Session

Provides for patient access to FDA approved abuse-deterrent technology to help combat opioid abuse

download bill text pdf

Archive: Last Bill Status -

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 27, 2016	amend by restoring to original print 9487
Mar 10, 2016	referred to health
May 09, 2016	print number 9487a amend (t) and recommit to health

Bill Amendments

Original (Active)

Co-Sponsors

Multi-Sponsors

A9487 - Details

Law Section:: Insurance Law
Laws Affected:: Add §§3340 & 3216-a, Ins L

A9487 - Summary

Provides for the substitution of opioid drugs incorporating abuse-deterrent technology for opioid drugs under certain circumstances.

A9487 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9487

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by  M. of A. CUSICK, SIMANOWITZ, BRINDISI, PEOPLES-STOKES --
  Multi-Sponsored by -- M. of A. LUPARDO -- read once  and  referred  to
  the Committee on Health

AN ACT to amend the public health law and the insurance law, in relation
  to  the  use  of abuse-deterrent technology for opioids as a mechanism
  for reducing abuse and diversion of opioid drugs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
3340 to read as follows:
  S 3340. SUBSTITUTION OF OPIOIDS WITH  ABUSE-DETERRENT  TECHNOLOGY.  1.
(A)  NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION  SIXTY-EIGHT  HUNDRED
SIXTEEN-A OF THE EDUCATION  LAW,  NO  PHARMACIST  SHALL  INTERCHANGE  OR
SUBSTITUTE  AN  ABUSE-DETERRENT  OPIOID ANALGESIC DRUG PRODUCT, BRAND OR
GENERIC, WITH AN OPIOID ANALGESIC DRUG PRODUCT  LACKING  ABUSE-DETERRENT
PROPERTIES   WHEN   THE  PRESCRIBER  WRITES  OR  ELECTRONICALLY  NOTATES
"DISPENSE AS WRITTEN" OR "DAW" ON THE PRESCRIPTION, WITHOUT OBTAINING  A
NEW PRESCRIPTION FOR A NON-ABUSE DETERRENT OPIOID DRUG FROM THE PRESCRI-
BER. ANY SUBSTITUTABLE OPIOID DRUG PRODUCT SHALL CONTAIN THE SAME OPIOID
ACTIVE  PHARMACEUTICAL  INGREDIENT  AND THE SAME DRUG RELEASE CHARACTER-
ISTICS WITH REGARD TO IMMEDIATE RELEASE, OR EXTENDED RELEASE LONG ACTING
PROPERTIES. A DETERMINATION OF INTERCHANGEABILITY BETWEEN TWO ABUSE-DET-
ERRENT OPIOID ANALGESIC  DRUG  PRODUCTS  SHALL  NOT  REQUIRE  THAT  BOTH
PRODUCTS  INCORPORATE THE SAME METHODS OF ABUSE-DETERRENCE, BUT THAT THE
OPIOID DRUG PRODUCTS HAVE THE SAME LEVEL OF  FDA-APPROVED  ABUSE  DETER-
RENCE LABELING CLAIMS.
  (B)  THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SECTION SHALL NOT APPLY
TO A PHARMACIST DISPENSING MEDICATION IN THE INPATIENT HOSPITAL  SETTING
WHEN THE PRESCRIBED MEDICATION WILL BE ADMINISTERED TO THE PATIENT BY AN
EMPLOYEE OF THE HOSPITAL.
  2. DEFINITIONS. AS USED IN THIS SECTION:
  (A)  "OPIOID  ANALGESIC DRUG PRODUCT" MEANS A DRUG IN THE OPIOID ANAL-
GESIC DRUG CLASS PRESCRIBED TO TREAT MODERATE TO SEVERE  PAIN  OR  OTHER
CONDITIONS, WHETHER IN IMMEDIATE RELEASE OR EXTENDED RELEASE LONG ACTING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14477-01-6

A. 9487                             2

FORM  AND  WHETHER  OR NOT COMBINED WITH OTHER DRUG SUBSTANCES TO FORM A
SINGLE DRUG PRODUCT OR OTHER DOSAGE FORM.
  (B)  "ABUSE-DETERRENT  OPIOID ANALGESIC DRUG PRODUCT" MEANS A BRAND OR
GENERIC OPIOID ANALGESIC DRUG PRODUCT APPROVED BY THE FEDERAL  FOOD  AND
DRUG ADMINISTRATION WITH ABUSE-DETERRENCE LABELING CLAIMS INDICATING ITS
ABUSE-DETERRENT PROPERTIES ARE EXPECTED TO DETER OR REDUCE ITS ABUSE.
  (C)  "INTERCHANGE OR SUBSTITUTION OF AN OPIOID DRUG" MEANS THE SUBSTI-
TUTION OF ANY ABUSE-DETERRENT OPIOID DRUG  PRODUCT,  BRAND  OR  GENERIC,
WITH AN OPIOID ANALGESIC DRUG LACKING ABUSE-DETERRENT PROPERTIES.
  (D)  "PHARMACIST"  INCLUDES  ANY PHARMACIST DISPENSING DRUGS UNDER THE
JURISDICTION OF THE STATE BOARD OF PHARMACY, INCLUDING BUT  NOT  LIMITED
TO,  COMMUNITY  PHARMACISTS  AND  PHARMACISTS  IN  MAIL ORDER PHARMACIES
LICENSED BY THE STATE TO DISTRIBUTE IN THE STATE.
  S 2. The insurance law is amended by adding a new  section  3216-a  to
read as follows:
  S 3216-A.  ACCESS TO ABUSE-DETERRENT OPIOID MEDICATIONS. (A) AN INSUR-
ANCE  CARRIER  OR  HEALTH  PLAN SHALL PROVIDE COVERAGE ON ITS FORMULARY,
DRUG LIST  OR  OTHER  LISTS  OF  SIMILAR  CONSTRUCT  FOR  AT  LEAST  ONE
ABUSE-DETERRENT  OPIOID  ANALGESIC  DRUG  PRODUCT  PER  OPIOID ANALGESIC
ACTIVE INGREDIENT.
  (1) COST-SHARING FOR BRAND NAME ABUSE-DETERRENT OPIOID ANALGESIC  DRUG
PRODUCTS  COVERED  PURSUANT  TO THIS SECTION SHALL NOT EXCEED THE LOWEST
COST-SHARING LEVEL APPLIED TO  BRAND  NAME  NON-ABUSE  DETERRENT  OPIOID
DRUGS COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY.
  (2)  COST-SHARING  FOR  GENERIC  ABUSE-DETERRENT OPIOID ANALGESIC DRUG
PRODUCTS COVERED PURSUANT TO THIS SECTION SHALL NOT  EXCEED  THE  LOWEST
COST-SHARING  LEVEL  APPLIED TO GENERIC NON-ABUSE DETERRENT OPIOID DRUGS
COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY.
  (3) AN INCREASE IN PATIENT COST-SHARING OR DISINCENTIVES FOR  PRESCRI-
BERS  OR DISPENSERS SHALL NOT BE ALLOWED TO ACHIEVE COMPLIANCE WITH THIS
SECTION.
  (B) ANY PRIOR-AUTHORIZATION REQUIREMENTS OR OTHER  UTILIZATION  REVIEW
MEASURES  FOR  OPIOID  ANALGESICS, AND ANY SERVICE DENIALS MADE PURSUANT
THERETO, SHALL NOT REQUIRE USE OF OPIOID ANALGESIC DRUG PRODUCTS WITHOUT
ABUSE-DETERRENT PROPERTIES IN ORDER  TO  ACCESS  ABUSE-DETERRENT  OPIOID
ANALGESIC DRUG PRODUCTS.
  (C) DEFINITIONS. AS USED IN THIS SECTION:
  (1)  "OPIOID  ANALGESIC DRUG PRODUCT" MEANS A DRUG IN THE OPIOID ANAL-
GESIC DRUG CLASS PRESCRIBED TO TREAT MODERATE TO SEVERE  PAIN  OR  OTHER
CONDITIONS, WHETHER IN IMMEDIATE RELEASE OR EXTENDED LONG ACTING RELEASE
FORM  AND  WHETHER  OR NOT COMBINED WITH OTHER DRUG SUBSTANCES TO FORM A
SINGLE DRUG PRODUCT OR OTHER DOSAGE FORM.
  (2) "ABUSE DETERRENT OPIOID ANALGESIC DRUG PRODUCT" MEANS A  BRAND  OR
GENERIC  OPIOID  ANALGESIC DRUG PRODUCT APPROVED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION WITH ABUSE-DETERRENCE LABELING CLAIMS INDICATING ITS
ABUSE-DETERRENT PROPERTIES ARE EXPECTED TO DETER OR REDUCE ITS ABUSE.
  (3) "COST-SHARING" MEANS ANY COVERAGE LIMIT,  COPAYMENT,  COINSURANCE,
DEDUCTIBLE OR OTHER OUT-OF-POCKET PATIENT EXPENSE REQUIREMENTS.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a  law,  and  shall  apply  to all policies and
contracts issued, renewed, modified, altered or amended on or after such
date.

Co-Sponsors

Multi-Sponsors

A9487A - Details

Law Section:: Insurance Law
Laws Affected:: Add §§3340 & 3216-a, Ins L

A9487A - Summary

Provides for the substitution of opioid drugs incorporating abuse-deterrent technology for opioid drugs under certain circumstances.

A9487A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9487--A

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by  M. of A. CUSICK, SIMANOWITZ, BRINDISI, PEOPLES-STOKES --
  Multi-Sponsored by -- M. of A. LUPARDO -- read once  and  referred  to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the insurance law, in relation to the use of abuse-det-
  errent technology for opioids as a mechanism for  reducing  abuse  and
  diversion of opioid drugs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new section 3216-a
to read as follows:
  S 3216-A.  ACCESS TO ABUSE-DETERRENT OPIOID MEDICATIONS. (A) AN INSUR-
ANCE CARRIER OR HEALTH PLAN SHALL PROVIDE  COVERAGE  ON  ITS  FORMULARY,
DRUG  LIST  OR  OTHER  LISTS  OF  SIMILAR  CONSTRUCT  FOR  AT  LEAST ONE
ABUSE-DETERRENT OPIOID  ANALGESIC  DRUG  PRODUCT  PER  OPIOID  ANALGESIC
ACTIVE INGREDIENT.
  (1)  COST-SHARING FOR BRAND NAME ABUSE-DETERRENT OPIOID ANALGESIC DRUG
PRODUCTS COVERED PURSUANT TO THIS SECTION SHALL NOT  EXCEED  THE  LOWEST
COST-SHARING  LEVEL  APPLIED  TO  BRAND  NAME NON-ABUSE DETERRENT OPIOID
DRUGS COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY.
  (2) COST-SHARING FOR GENERIC  ABUSE-DETERRENT  OPIOID  ANALGESIC  DRUG
PRODUCTS  COVERED  PURSUANT  TO THIS SECTION SHALL NOT EXCEED THE LOWEST
COST-SHARING LEVEL APPLIED TO GENERIC NON-ABUSE DETERRENT  OPIOID  DRUGS
COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY.
  (3)  AN INCREASE IN PATIENT COST-SHARING OR DISINCENTIVES FOR PRESCRI-
BERS OR DISPENSERS SHALL NOT BE ALLOWED TO ACHIEVE COMPLIANCE WITH  THIS
SECTION.
  (B)  ANY  PRIOR-AUTHORIZATION REQUIREMENTS OR OTHER UTILIZATION REVIEW
MEASURES FOR OPIOID ANALGESICS, AND ANY SERVICE  DENIALS  MADE  PURSUANT
THERETO, SHALL NOT REQUIRE USE OF OPIOID ANALGESIC DRUG PRODUCTS WITHOUT
ABUSE-DETERRENT  PROPERTIES  IN  ORDER  TO ACCESS ABUSE-DETERRENT OPIOID
ANALGESIC DRUG PRODUCTS.
  (C) DEFINITIONS. AS USED IN THIS SECTION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14477-02-6

A. 9487--A                          2

  (1) "OPIOID ANALGESIC DRUG PRODUCT" MEANS A DRUG IN THE  OPIOID  ANAL-
GESIC  DRUG  CLASS  PRESCRIBED TO TREAT MODERATE TO SEVERE PAIN OR OTHER
CONDITIONS, WHETHER IN IMMEDIATE RELEASE OR EXTENDED LONG ACTING RELEASE
FORM AND WHETHER OR NOT COMBINED WITH OTHER DRUG SUBSTANCES  TO  FORM  A
SINGLE DRUG PRODUCT OR OTHER DOSAGE FORM.
  (2)  "ABUSE  DETERRENT OPIOID ANALGESIC DRUG PRODUCT" MEANS A BRAND OR
GENERIC OPIOID ANALGESIC DRUG PRODUCT APPROVED BY THE FEDERAL  FOOD  AND
DRUG ADMINISTRATION WITH ABUSE-DETERRENCE LABELING CLAIMS INDICATING ITS
ABUSE-DETERRENT PROPERTIES ARE EXPECTED TO DETER OR REDUCE ITS ABUSE.
  (3)  "COST-SHARING"  MEANS ANY COVERAGE LIMIT, COPAYMENT, COINSURANCE,
DEDUCTIBLE OR OTHER OUT-OF-POCKET PATIENT EXPENSE REQUIREMENTS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become  a  law,  and  shall  apply  to  all  policies  and
contracts issued, renewed, modified, altered or amended on or after such
date.

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2016	print number 9486a amend (t) and recommit to transportation
Mar 10, 2016	referred to transportation

Assembly Actions - Lowercase
Senate Actions - UPPERCASE

Apr 12, 2016

print number 9486a
amend (t) and recommit to transportation

Mar 10, 2016

referred to transportation

S T A T E O F N E W Y O R K ________________________________________________________________________ 9486 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. DenDEKKER -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to eliminating the time of day restrictions on the use of photo speed violation moni- toring systems in school zones in the city of New York THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of subdivision (a) of section 1180-b of the vehicle and traffic law, as amended by chapter 43 of the laws of 2014, is amended to read as follows: 1. Notwithstanding any other provision of law, the city of New York is hereby authorized to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits in a school speed zone within the city (i) when a school speed limit is in effect as provided in para- graphs one and two of subdivision (c) of section eleven hundred eighty of this article or (ii) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article [during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities]. Such demonstration program shall empower the city to install photo speed violation monitoring systems within no more than one hundred forty school speed zones within the city at any one time and to operate such systems within such zones (iii) when a school speed limit is in effect as provided in paragraphs one and two of subdivision (c) of section eleven hundred eighty of this article or (iv) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article [during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activ- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

LBD14489-01-6 A. 9486 2 ities]. In selecting a school speed zone in which to install and operate a photo speed violation monitoring system, the city shall consider criteria including, but not limited to the speed data, crash history, and the roadway geometry applicable to such school speed zone. S 2. Paragraph 1 of subdivision (a) of section 1180-b of the vehicle and traffic law, as added by chapter 189 of the laws of 2013, is amended to read as follows: 1. Notwithstanding any other provision of law, the city of New York is hereby authorized to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits in a school speed zone within the city (i) when a school speed limit is in effect as provided in para- graphs one and two of subdivision (c) of section eleven hundred eighty of this article or (ii) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article [during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities]. Such demonstration program shall empower the city to install photo speed violation monitoring systems within no more than twenty school speed zones within the city at any one time and to operate such systems within such zones (iii) when a school speed limit is in effect as provided in paragraphs one and two of subdivision (c) of section eleven hundred eighty of this article or (iv) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article [during the follow- ing times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities]. In selecting a school speed zone in which to install and operate a photo speed violation monitoring system, the city shall consider criteria including, but not limited to the speed data, crash history, and the roadway geometry applicable to such school speed zone. S 3. Subdivision (b) of section 1180-b of the vehicle and traffic law, as added by chapter 189 of the laws of 2013, is amended to read as follows: (b) If the city of New York establishes a demonstration program pursu- ant to subdivision (a) of this section, the owner of a vehicle shall be liable for a penalty imposed pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, within a school speed zone in violation of subdivision (c) [or during the times authorized pursuant to subdivision (a)] of this section in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article, such vehicle was traveling at a speed of more than ten miles per hour above the posted speed limit in effect within such school speed zone, and such violation is evidenced by infor- mation obtained from a photo speed violation monitoring system; provided however that no owner of a vehicle shall be liable for a penalty imposed pursuant to this section where the operator of such vehicle has been convicted of the underlying violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article. S 4. This act shall take effect on the thirtieth day after it shall have become a law; provided that the amendments to paragraph 1 of subdi- vision (a) of section 1180-b of the vehicle and traffic law, made by A. 9486 3 section one of this act, shall not affect the expiration and reversion of such paragraph pursuant to section 12 of chapter 43 of the laws of 2014, as amended, when upon such date section two of this act shall take effect; and provided, further, that the amendments to section 1180-b of the vehicle and traffic law made by this act shall not affect the expi- ration and repeal of such section and shall expire and be deemed repealed therewith.

S T A T E O F N E W Y O R K ________________________________________________________________________ 9486--A I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. DenDEKKER, SIMON -- read once and referred to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to eliminating the time of day restrictions on the use of photo speed violation moni- toring systems in school zones in the city of New York; and to amend chapter 189 of the laws of 2013 amending the vehicle and traffic law and the public officers law relating to establishing in a city with a population of one million or more a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices, in relation to eliminating the expiration and repeal of the provisions thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of subdivision (a) of section 1180-b of the vehicle and traffic law, as amended by chapter 43 of the laws of 2014, is amended to read as follows: 1. Notwithstanding any other provision of law, the city of New York is hereby authorized to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits in a school speed zone within the city (i) when a school speed limit is in effect as provided in para- graphs one and two of subdivision (c) of section eleven hundred eighty of this article or (ii) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article [during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities]. Such demonstration program shall empower the city to install photo speed violation monitoring systems within no more than one hundred forty school speed zones within the city at any one time and to operate such systems within such zones (iii) when a school speed limit is in effect as provided in paragraphs one and two of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

LBD14489-03-6 A. 9486--A 2 subdivision (c) of section eleven hundred eighty of this article or (iv) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article [during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activ- ities]. In selecting a school speed zone in which to install and operate a photo speed violation monitoring system, the city shall consider criteria including, but not limited to the speed data, crash history, and the roadway geometry applicable to such school speed zone. S 2. Paragraph 1 of subdivision (a) of section 1180-b of the vehicle and traffic law, as added by chapter 189 of the laws of 2013, is amended to read as follows: 1. Notwithstanding any other provision of law, the city of New York is hereby authorized to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits in a school speed zone within the city (i) when a school speed limit is in effect as provided in para- graphs one and two of subdivision (c) of section eleven hundred eighty of this article or (ii) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article [during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities]. Such demonstration program shall empower the city to install photo speed violation monitoring systems within no more than twenty school speed zones within the city at any one time and to operate such systems within such zones (iii) when a school speed limit is in effect as provided in paragraphs one and two of subdivision (c) of section eleven hundred eighty of this article or (iv) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article [during the follow- ing times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities]. In selecting a school speed zone in which to install and operate a photo speed violation monitoring system, the city shall consider criteria including, but not limited to the speed data, crash history, and the roadway geometry applicable to such school speed zone. S 3. Subdivision (b) of section 1180-b of the vehicle and traffic law, as added by chapter 189 of the laws of 2013, is amended to read as follows: (b) If the city of New York establishes a demonstration program pursu- ant to subdivision (a) of this section, the owner of a vehicle shall be liable for a penalty imposed pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, within a school speed zone in violation of subdivision (c) [or during the times authorized pursuant to subdivision (a)] of this section in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article, such vehicle was traveling at a speed of more than ten miles per hour above the posted speed limit in effect within such school speed zone, and such violation is evidenced by infor- mation obtained from a photo speed violation monitoring system; provided A. 9486--A 3 however that no owner of a vehicle shall be liable for a penalty imposed pursuant to this section where the operator of such vehicle has been convicted of the underlying violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article. S 4. The opening paragraph of section 15 of chapter 189 of the laws of 2013 amending the vehicle and traffic law and the public officers law relating to establishing in a city with a population of one million or more a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices is amended to read as follows: S 15. This act shall take effect on the thirtieth day after it shall have become a law [and shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed]; [and] provided [further] that any rules necessary for the implementation of this act on its effective date shall be promulgated on or before such effective date, provided FURTHER that: S 5. This act shall take effect immediately, except that sections one and three of this act shall take effect on the thirtieth day after it shall have become a law; provided that the amendments to paragraph 1 of subdivision (a) of section 1180-b of the vehicle and traffic law, made by section one of this act, shall not affect the expiration and rever- sion of such paragraph pursuant to section 12 of chapter 43 of the laws of 2014, as amended, when upon such date section two of this act shall take effect.

S T A T E O F N E W Y O R K ________________________________________________________________________ 9485 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law in relation to direct deposit of compensation payments THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 9 of section 25 of the work- ers' compensation law, as amended by chapter 70 of the laws of 2005, is amended to read as follows: (a) Compensation payments or any portion of compensation payments [may] SHALL be allowed, upon the written request from an injured worker or a person entitled to a death benefit provided by this chapter, to be deposited directly in a bank for any purpose to an account in the name of such injured worker or person entitled to a death benefit, on forms provided by the board, and duly filed in accordance with such regu- lations[, provided that an injured worker's employer, if such employer is an authorized self insured employer, or otherwise such employer's insurance carrier, has elected to permit the direct deposit of such compensation payments]. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14374-01-6

S T A T E O F N E W Y O R K ________________________________________________________________________ 9484 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Mental Health AN ACT to amend the mental hygiene law, in relation to imposing a duty to protect upon mental health practitioners THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The mental hygiene law is amended by adding a new section 9.42 to read as follows: S 9.42 EFFORTS BY MENTAL HEALTH PRACTITIONERS TO REDUCE OR ELIMINATE RISKS OF HARM. (A) FOR PURPOSES OF THIS SECTION, THE TERM "MENTAL HEALTH PRACTITION- ER" SHALL INCLUDE ANY NEW YORK STATE LICENSED MENTAL HEALTH PRACTITION- ER, INCLUDING PHYSICIANS, PSYCHOLOGISTS, REGISTERED PSYCHIATRIC NURSES AND NURSE PRACTITIONERS, AND LICENSED CLINICAL SOCIAL WORKERS. (B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WHEN A PERSON TO WHOM A MENTAL HEALTH PRACTITIONER IS CURRENTLY PROVIDING TREATMENT DIRECTLY COMMUNICATES A THREAT OF SERIOUS, IMMINENT HARM TO SELF OR AGAINST A READILY IDENTIFIABLE PERSON OR PERSONS, AND THE THREAT INCLUDES BOTH A SERIOUS INTENT TO ACT AND THE ABILITY TO CARRY OUT THE THREAT, THE MENTAL HEALTH PRACTITIONER SHALL BE REQUIRED TO MAKE TIMELY AND REASONABLE EFFORTS TO REDUCE OR ELIMINATE THE RISK OF HARM. FOR PURPOSES OF THIS SECTION, REASONABLE EFFORTS MAY INCLUDE, BUT ARE NOT LIMITED TO: MODIFYING ASPECTS OF THE TREATMENT IN ORDER TO REDUCE OR ELIMINATE THE RISK OF HARM; INITIATING PROCEDURES FOR HOSPITALIZATION; NOTIFYING THE INTENDED VICTIM OR VICTIMS; OR NOTIFYING LAW ENFORCEMENT OFFICIALS. (C) WHENEVER A MENTAL HEALTH PRACTITIONER IS REQUIRED TO MAKE TIMELY AND REASONABLE EFFORTS PURSUANT TO SUBDIVISION (B) OF THIS SECTION, HE OR SHE SHALL ALSO COMPLY WITH THE PROVISIONS OF SECTION 9.46 OF THIS ARTICLE. (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A MENTAL HEALTH PRACTITIONER TO TAKE ANY ACTION WHICH, IN THE EXERCISE OF REASON- ABLE PROFESSIONAL JUDGMENT, WOULD ENDANGER SUCH MENTAL HEALTH PRACTI- TIONER OR INCREASE THE DANGER TO A POTENTIAL VICTIM OR VICTIMS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

S T A T E O F N E W Y O R K ________________________________________________________________________ 9483 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Mental Health AN ACT to amend the public health law, in relation to enacting the "fair access to individualized residences (FAIR) act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature hereby finds that many parents and family members of developmentally disabled children have cared for their loved ones for decades and now many of these family caregivers are elderly with their own age related disabilities. Increas- ingly, they can no longer manage the challenge of caring for an adult child who may have significant and challenging emotional and physical needs. In fact, estimates are that approximately 25% of developmentally disabled New Yorkers, or approximately 50,000 individuals, live with family caregivers who are over the age of 60. Many of these adult chil- dren need or will soon need out of home residential placements for living situations which are increasingly untenable. This situation has reached crisis proportions. Complicating matters is the fact that there is a shortage of residential placements and the process for providing those placements to those most in need is not transparent, consistent or uniform across the state. Residential placements are not necessarily allocated based on need. Nor does such allocation take into account the viability of an individual's current residential situation or any recog- nition of the long-standing contribution and sacrifice family caregivers have made caring for their loved ones at home at considerable savings to the state. Instead, placements are often allocated based on an individ- ual's designation as a member of a particular class or "special popu- lation" of people with developmental disabilities. Therefore, the state must develop and implement a clear, consistent and uniform policy for ensuring that placements go to individuals most in need. This must include recognition of the viability of an individ- ual's living situation with a family caregiver as well as the sacrifice that many of these caregivers have made for years or even decades. Fami- lies must regain the confidence that the means will exist so that their EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

LBD14046-03-6 A. 9483 2 children will receive care even when they can no longer provide it. The legislature finds that the adoption of this act is an important step toward making this commitment a reality. S 2. Short title. This act shall be known and may be cited as the "fair access to individualized residences (FAIR) act". S 3. The public health law is amended by adding a new section 207-a to read as follows: S 207-A. PRIORITY PLACEMENT PROCESS FOR CERTAIN DEVELOPMENTALLY DISA- BLED PERSONS. THE COMMISSIONER AND THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES SHALL, IN COOPERATION WITH INTERESTED PARTIES INCLUDING, BUT NOT LIMITED TO, FAMILY MEMBERS, SELF-ADVOCATES, PROVIDERS AND STATE OFFICIALS, DEVELOP A STATEWIDE, UNIFORM AND TRANSPARENT PROCESS FOR ASSIGNING OUT OF HOME RESIDENTIAL PLACEMENTS OF DEVELOPMENTALLY DISABLED PERSONS ON A PRIORITY BASIS. THE PROCESS SHALL INCLUDE THE FOLLOWING CRITERIA: 1. THE EXTENT OF AN INDIVIDUAL'S DISABILITY AS MEASURED BY A UNIFORM AND RECOGNIZED ASSESSMENT METHODOLOGY; 2. THE NATURE OF THE INDIVIDUAL'S LIVING SITUATION WHICH SHALL TAKE INTO ACCOUNT THE AGE AND HEALTH OF FAMILY CAREGIVERS, THE ABILITY OF FAMILY CAREGIVERS TO CONTINUE TO PROVIDE CARE, THE LENGTH OF TIME FAMILY CAREGIVERS HAVE CARED FOR THE INDIVIDUAL WITH DEVELOPMENTAL DISABILITIES AT HOME, THE INABILITY OF FAMILY CAREGIVERS TO MANAGE THE INDIVIDUAL'S NEEDS, INCLUDING BEHAVIORAL NEEDS, THE LIKELIHOOD THE FAMILY CAREGIVERS WILL OR MUST ALTER THEIR LIVING SITUATION SO THAT CONTINUING CARE IS NO LONGER PRACTICAL, AND OTHER FACTORS RELATING TO THE ABILITY OF FAMILY CAREGIVERS TO CONTINUE TO PROVIDE CARE; AND 3. WHETHER AN INDIVIDUAL IS CATEGORIZED FOR PLACEMENT PURPOSES AS A PRIORITY ONE INDIVIDUAL AS DEFINED IN THE STATE'S HOME AND COMMUNITY BASED SERVICES WAIVER APPLICATION. INDIVIDUALS SHALL NOT AUTOMATICALLY BE DESIGNATED PRIORITY ONE BASED SOLELY ON THEIR STATUS AS A PERSON BELONGING TO A "SPECIAL POPULATION." HOWEVER, IN THE EVENT THAT A DEVEL- OPMENTAL DISABILITIES REGIONAL OFFICE HAS DETERMINED THAT A PERSON DESIGNATED AS A MEMBER OF A "SPECIAL POPULATION," AND THAT SUCH PERSON MEETS THE CRITERIA FOR PRIORITY ONE, AND THAT AN EMERGENCY EXISTS, AS DEFINED BY SUCH WAIVER; THE DEVELOPMENTAL DISABILITIES REGIONAL OFFICE MAY MAKE A REFERRAL TO A PROVIDER FOR AN EVALUATION AND PLACEMENT. THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOP- MENTAL DISABILITIES, SHALL SEEK ANY NECESSARY AMENDMENTS TO THE STATE'S HOME AND COMMUNITY BASED SERVICES WAIVER APPLICATION TO EFFECTUATE THE PURPOSES OF THIS SECTION. S 4. The commissioner of health and the commissioner of developmental disabilities shall implement the provisions of this act within 120 days of the effective date thereof. S 5. This act shall take effect immediately.

S T A T E O F N E W Y O R K ________________________________________________________________________ 9482 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to use of mobile telephones and portable electronic devices while a child is in a motor vehicle THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 1225-c of the vehicle and traffic law, as amended by section 6 of part B of chapter 55 of the laws of 2014, is amended to read as follows: 4. A violation of subdivision two of this section shall be a traffic infraction and shall be punishable by a fine of not less than fifty dollars nor more than two hundred dollars upon conviction of a first violation; upon conviction of a second violation, both of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars; upon conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than four hundred fifty dollars; PROVIDED, HOWEV- ER, THAT IF A CHILD WHO IS FIFTEEN YEARS OF AGE OR LESS IS IN THE MOTOR VEHICLE AT THE TIME OF THE VIOLATION OF SUBDIVISION TWO OF THIS SECTION, SUCH VIOLATION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS, IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BOTH SUCH FINE AND IMPRISONMENT. S 2. Subdivision 6 of section 1225-d of the vehicle and traffic law, as amended by section 7 of part B of chapter 55 of the laws of 2014, is amended to read as follows: 6. A violation of this section shall be a traffic infraction and shall be punishable by a fine of not less than fifty dollars nor more than two hundred dollars upon conviction of a first violation; upon conviction of a second violation, both of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2016	referred to labor

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2016	referred to mental health

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2016	referred to mental health

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2016	referred to transportation

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 25, 2016	signed chap.459
Nov 16, 2016	delivered to governor
Jun 15, 2016	returned to assembly passed senate 3rd reading cal.1580 substituted for s7246
Mar 28, 2016	referred to codes delivered to senate passed assembly
Mar 24, 2016	advanced to third reading cal.466
Mar 22, 2016	reported
Mar 10, 2016	referred to codes

Assembly Actions - Lowercase
Senate Actions - UPPERCASE

Nov 25, 2016

signed chap.459

Nov 16, 2016

delivered to governor

Jun 15, 2016

returned to assembly
passed senate
3rd reading cal.1580
substituted for s7246

Mar 28, 2016

referred to codes
delivered to senate
passed assembly

Mar 24, 2016

advanced to third reading cal.466

Mar 22, 2016

reported

Mar 10, 2016

referred to codes

S T A T E O F N E W Y O R K ________________________________________________________________________ 9522 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. RICHARDSON, LENTOL -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to granting a defendant poor person relief on appeal THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new section 380.55 to read as follows: S 380.55 APPLICATION FOR POOR PERSON RELIEF ON APPEAL. WHERE COUNSEL HAS BEEN ASSIGNED TO REPRESENT A DEFENDANT AT TRIAL ON THE GROUND THAT THE DEFENDANT IS FINANCIALLY UNABLE TO RETAIN COUNSEL, THE COURT MAY IN ITS DISCRETION AT THE TIME OF SENTENCING ENTERTAIN AN APPLICATION TO GRANT THE DEFENDANT POOR PERSON RELIEF ON APPEAL. AS PART OF AN APPLICATION FOR SUCH RELIEF, ASSIGNED COUNSEL MUST REPRESENT THAT THE DEFENDANT CONTINUES TO BE ELIGIBLE FOR ASSIGNMENT OF COUNSEL AND THAT GRANTING THE APPLICATION WILL EXPEDITE THE APPEAL. IF THE COURT GRANTS THE APPLICATION, IT SHALL FILE A WRITTEN ORDER AND SHALL PROVIDE A COPY OF THE ORDER TO THE APPROPRIATE APPELLATE COURT. THE DENIAL OF AN APPLICATION SHALL NOT PRECLUDE THE DEFENDANT FROM MAKING A DE NOVO APPLICATION FOR POOR PERSON RELIEF TO THE APPROPRIATE APPELLATE COURT. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13998-01-6

S T A T E O F N E W Y O R K ________________________________________________________________________ 9521 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. JOYNER, LENTOL -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to erroneously excluded evidence and trial orders of dismissal, and repealing certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2 and 3 of section 290.10 of the criminal procedure law are REPEALED. S 2. Subdivision 1 of section 450.40 of the criminal procedure law is amended to read as follows: 1. An appeal by the people from a trial order of dismissal, as authorized by subdivision two of section 450.20, may, as indicated by section 290.10, be based [either (a)] upon the ground that the evidence adduced at the trial was legally sufficient to support the count or counts of the accusatory instrument dismissed by the order[, or (b) upon the ground that, though not legally sufficient, such evidence would have been legally sufficient had the court not erroneously excluded admissi- ble evidence offered by the people]. S 3. Subdivision 2 of section 450.40 of the criminal procedure law is REPEALED. S 4. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13999-01-6

S T A T E O F N E W Y O R K ________________________________________________________________________ 9481 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. CRESPO, SEPULVEDA, RAMOS, PICHARDO, ARROYO, DAVI- LA, LINARES, RIVERA, RODRIGUEZ, MOYA, DILAN -- read once and referred to the Committee on Judiciary AN ACT to amend the criminal procedure law, the domestic relations law and the judiciary law, in relation to translation services for certain orders by courts of competent jurisdiction THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 530.12 of the criminal procedure law is amended by adding a new subdivision 16 to read as follows: 16. THE COURT OF COMPETENT JURISDICTION SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS PROVIDED BY PARAGRAPH (U) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO ANY DEFENDANT AND/OR PERSON PROTECTED BY SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH TRANSLATION, OR THE INABILITY TO TRANSLATE INTO A DEFENDANT'S NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. S 2. Section 530.13 of the criminal procedure law is amended by adding a new subdivision 10 to read as follows: 10. THE COURT OF COMPETENT JURISDICTION SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS PROVIDED BY PARAGRAPH (U) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO ANY DEFENDANT AND/OR PERSON PROTECTED BY SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH TRANSLATION, OR THE INABILITY TO TRANSLATE INTO A DEFENDANT'S NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. S 3. Subdivision 3 of section 240 of the domestic relations law is amended by adding a new paragraph a-1 to read as follows: A-1. THE COURT OF COMPETENT JURISDICTION SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS PROVIDED BY PARAGRAPH (U) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO ANY RESPONDENT AND/OR PERSON PROTECTED BY SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH TRANSLATION, OR THE INABILITY TO TRANSLATE INTO A RESPONDENT'S EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

LBD00095-06-6 A. 9481 2 NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. S 4. Section 252 of the domestic relations law is amended by adding a new subdivision 1-a to read as follows: 1-A. THE COURT OF COMPETENT JURISDICTION SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS PROVIDED BY PARAGRAPH (U) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO ANY RESPONDENT AND/OR PERSON PROTECTED BY SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH TRANSLATION, OR THE INABILITY TO TRANSLATE INTO A RESPONDENT'S NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. S 5. Subdivision 2 of section 212 of the judiciary law is amended by adding a new paragraph (u) to read as follows: (U) (I) PROVIDE TRANSLATION SERVICES TO ALL COURTS TO ASSIST IN THE TRANSLATION OF ALL ORDERS OF PROTECTION OR TEMPORARY ORDERS OF PROTECTION WHERE THE PETITIONER OR RESPONDENT, OR VICTIM OR DEFENDANT, IS NOT FLUENT IN THE ENGLISH LANGUAGE. (II) SUCH TRANSLATION SERVICES SHALL BE MADE AVAILABLE TO ALL FAMILY COURTS AND CRIMINAL COURTS THAT ISSUE ORDERS OF PROTECTION OR TEMPORARY ORDERS OF PROTECTION, AND SHALL BE MADE AVAILABLE IN THE TEN MOST FREQUENTLY USED LANGUAGES IN NEW YORK STATE, AS WELL AS ANY ADDITIONAL LANGUAGES THAT THE CHIEF ADMINISTRATOR OF THE COURTS DEEMS APPROPRIATE. (III) TRANSLATION SERVICES MAY BE PROVIDED THROUGH THE USE OF COMPUTER SOFTWARE, BUT MUST ALSO BE AVAILABLE THROUGH AUDIO MEANS FOR THE VISUAL- LY IMPAIRED. (IV) TRANSLATION SERVICES SHALL NOT AFFECT THE VALIDITY OR ENFORCEA- BILITY OF ANY ORDER. S 6. The chief administrator of the courts may promulgate rules and regulations in order to effectuate the provisions of this act. S 7. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to orders of protection issued on or after such effective date.

assembly Bill A9488

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assembly Bill A9487

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assembly Bill A9486

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