(New York, NY) On Friday, State Senator Tony Avella unveiled a set of proposals to effect ethics reform in Albany. The reform package includes budgetary measures, legislative proposals already introduced and new initiatives the Senator will be looking to introduce this legislative session. As a former Chair of the New York Senate’s Ethics Committee and a career-long good government focused elected official, Senator Avella continues his push for a cleaner legislature.

Bronx, NY — In response to the recent wave of gun violence, State Senator Jeff Klein (D- Bronx), Assemblyman Michael Benedetto (D-Bronx), Councilman James Vacca (D-Bronx), the Throggs Neck Residents Council and Stand Up to Violence (SUV) rallied at the Throggs Neck Houses today. Senator Klein gathered residents and community leaders at the site of the first shooting, where he addressed the crowd on the importance of bringing awareness to these incidents and stopping gun violence. Reverend Dr.

To examine the issues facing communities in the wake of increased heroin abuse

07 Apr 2016

500 Montauk Highway -
Oakdale, NY 11769-1715

12:30 PM - 5:00 PM

Add to Calendar 04/07/2016 12:30 PM 04/07/2016 5:00 PM America/New_York To examine the issues facing communities in the wake of increased heroin abuse MM/DD/YYYY NY STATE SENATE content@senate.state.ny.us

related issues:

Senate Joint Task Force on Heroin and Opioid Addiction
Chair: Senator Terrence Murphy, Senator George A. Amedore, Jr. and
Senator Robert Ortt
Sponsor: Senator Thomas Croci
Public Meeting: To examine the issues facing communities in the wake of increased heroin abuse
Place: Borne Mansion Auditorium, 500 Montauk Highway – Gate 1,
Oakdale, New York
Time: 12:00 P.M. – 5:00 P.M.
Contact: Daniel Toomey (518) 455-2559;

To examine the issues facing communities in the wake of increased heroin abuse

07 Apr 2016

Borne Mansion Auditorium,

500 Montauk Highway -
Oakdale, NY 11769-1715

12:30 PM - 5:00 PM

Add to Calendar 04/07/2016 12:30 PM 04/07/2016 5:00 PM America/New_York To examine the issues facing communities in the wake of increased heroin abuse Borne Mansion Auditorium, MM/DD/YYYY NY STATE SENATE content@senate.state.ny.us

related issues:

To examine the issues facing communities in the wake of increased heroin abuse

07 Apr 2016

Borne Mansion Auditorium,

500 Montauk Highway -
Oakdale, NY 11769-1715

12:30 PM - 5:00 PM

related issues:

Amends the Assembly Rules

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Co-Sponsors

Multi-Sponsors

text

E1086

AMENDING section 2 of Rule II of the Assembly rules, in relation to
hours in session; amending section 4 of Rule II of the Assembly rules,
in relation to the floor calendar; amending section 1 of Rule III of the
Assembly rules, in relation to the electronic submission of sponsors
memos and the information provided on sponsors memos; amending paragraph
f of section 2 of Rule III of the Assembly rules, in relation to posi-
tioning of bills in the second year of the term of the Assembly; amend-
ing section 2 of Rule III of the Assembly rules, in relation to public
availability of fiscal impact notes; amending section 3 of Rule III of
the Assembly rules, in relation to electronic submission of multi-spon-
sorship requests; amending paragraph a of section 5 of Rule III of the
Assembly rules, in relation to copies of resolutions on member's desks;
amending section 5 of Rule III of the Assembly rules, in relation to the
introduction of privileged resolutions; amending paragraph a of section
1 of Rule IV of the Assembly rules, in relation to the Economic Develop-
ment, Job Creation, Commerce and Industry Standing Committee; amending
paragraph b of section 2 of Rule IV of the Assembly rules, in relation
to written or electronic copies of committee agendas; amending paragraph
e of section 2 of Rule IV of the Assembly rules, in relation to making
committee votes available online; amending section 2 of Rule IV of the
Assembly rules, in relation to the audio/video broadcast of committee
meetings; amending paragraph a of section 4 of Rule IV of the Assembly
rules, in relation to online publication of testimony from public hear-
ings; amending section 5 of Rule IV of the Assembly rules, in relation
to committee consideration; amending section 12 of Rule IV of the Assem-
bly rules, in relation to selection of the assembly committee on confer-
ence committees; amending section 2 of Rule V of the Assembly rules, in
relation to making floor votes available online; amending section 2 of
Rule VII of the Assembly rules, in relation to posting expenditure
reports online; amending section 3 of Rule VIII of the Assembly rules,
in relation to providing for an online FOIL form; and amending Rule X of
the Assembly rules, in relation to providing prompt availability of an
audio/video feed

RESOLVED, that section 2 of Rule II of the Assembly rules is amended to
read as follows:
º 2. Hours in session. The House shall convene at 2:00 P.M. on Monday
and 11:00 A.M. on other days unless otherwise ordered. No session shall
extend beyond eight hours nor shall it occur between [12:00 A.M.] 10:00
P.M. and [6:00] 8:00 A.M. provided, however, the House may remain in
session to complete action on a measure or measures being debated or to
take action on a measure or measures if a message of necessity has been
received from the governor in connection with such measure or measures
or upon a majority vote of all of the members elected to the Assembly.
For the purposes of this section, the passage of time shall be observed
in accordance with section fifty-two of the general construction law and
shall not include time that the House is in recess or standing at ease.
RESOLVED, that section 4 of Rule II of the Assembly rules is renum-
bered section 5 and a new section 4 is added to read as follows:
º 4. ASSEMBLY CALENDAR. ALL ASSEMBLY CALENDARS SHALL BE DELINEATED IN
A FORM PRESCRIBED BY THE SPEAKER. EACH SUCH CALENDAR SHALL AS APPLICA-
BLE, LIST BILLS ON SPECIAL ORDER OF SECOND AND THIRD READING, BILLS ON
SPECIAL ORDER OF THIRD READING, BILLS ON ORDER OF THIRD READING, STARRED
BILLS, AND RESOLUTIONS, AND SHALL FURTHER DELINEATE ANY BILLS NEWLY
REPORTED TO THE CALENDAR, BILLS AMENDED ON THIRD READING, BILLS FOR
WHICH THERE IS A HOME RULE MESSAGE, AND BILLS THAT REQUIRE A FISCAL NOTE

PURSUANT TO SECTION 50 OR 51 OF THE LEGISLATIVE LAW AND JOINT RULE I.
THERE SHALL BE AN INDEX OF SUCH DELINEATED MATERIAL.
RESOLVED, that paragraph f of section 1 of Rule III of the Assembly
rules is amended to read as follows:
f. Introducer's memorandum.
There shall be appended to every bill introduced in the Assembly, an
introducer's memorandum setting forth the purpose of the bill, a summary
of its provisions, a statement of its fiscal impact on the state AND ITS
LOCALITIES, a statement of its impact on the regulation of businesses
and individuals and a statement as to whether the bill imposes or chang-
es any fine, term of imprisonment, forfeiture of rights or other penal
sanction, together with the nature of such imposition or change [in a
format and length to be prescribed by the Speaker]. Whenever a bill is
amended by its sponsor, it shall be the duty of the sponsor to file an
amended memorandum setting forth the same material as required in the
original memorandum, AND DESCRIBING THE DIFFERENCES BETWEEN THE ORIGINAL
AND AMENDED VERSIONS. In addition, whenever a bill is reported by a
committee as amended, it shall be the duty of the committee to submit an
amended memorandum. SUCH MEMORANDUM SHALL BE SUBMITTED IN A WRITTEN OR
ELECTRONIC FORMAT TO BE PRESCRIBED BY THE SPEAKER.
RESOLVED, that subparagraph 2 of paragraph f of section 2 of Rule III
of the Assembly rules is amended to read as follows:
(2) Any Assembly BILL INTRODUCED IN THE FIRST YEAR OF THE TERM OF THE
ASSEMBLY, SHALL BE DEEMED TO BE REINTRODUCED FOR THE SECOND YEAR OF SUCH
TERM AND REFERRED TO THE COMMITTEE WHERE THE BILL WAS LAST REFERRED,
EXCEPT THAT: (I) ANY BILL THAT WAS LAST REFERRED TO THE COMMITTEE ON
RULES SHALL BE REFERRED TO THE COMMITTEE THAT REPORTED THE BILL TO THE
COMMITTEE ON RULES; (II) ANY BILL THAT WAS ON ORDER OF THIRD READING
SHALL BE ORDERED TO THE ORDER OF THIRD READING; (III) ANY bill [which in
the first year of the term of the Assembly] THAT was passed by the
Assembly and did not become law, was not vetoed, or was substituted by a
Senate bill which did not become law or [which] was not vetoed, [shall
be deemed to be reintroduced for the second year of such term and] shall
be ordered to the order of third reading, [except] AND FURTHER PROVIDED
that:
(a) any such bill which in such first year required a FISCAL NOTE AS
REQUIRED BY SECTION 50 OF THE LEGISLATIVE LAW OR home rule message for
passage shall be referred to the committee to which such bill was
originally referred;
(b) upon request of the introducer or the chairperson of the committee
to which such bill was originally referred, such bill shall be committed
.SO DOC A R1086 RESO TEXT 2015
to the committee to which it was originally referred provided, however,
such request may not be made later than the second Wednesday following
the commencement of the second year of the term of the Assembly;
(c) any such bill making an appropriation of money which was not
referred to a committee pursuant to the provisions of this paragraph,
shall be referred to the Committee on Ways and Means; and
(d) upon the request of the chairperson of the Committee on Ways and
Means, any bill not referred to a committee pursuant to subparagraph (a)
or (b) of this paragraph, which in such first year was reported and
referred to the Committee on Ways and Means pursuant to section six of
Rule IV shall be committed to the Committee on Ways and Means provided,
however, such request may not be made later than the second Wednesday
following the commencement of the second year of the term of the Assem-
bly.
RESOLVED, that section 2 of Rule III of the Assembly rules is amended
by adding a new paragraph i to read as follows:

I. WHENEVER A BILL REQUIRES A FISCAL IMPACT NOTE PURSUANT TO SECTION
51 OF THE LEGISLATIVE LAW AND JOINT RULE I, OR A HOME RULE MESSAGE
PURSUANT TO ARTICLE IX OF THE CONSTITUTION, SUCH FISCAL IMPACT NOTE OR
RECORD OF RECEIPT OF THE HOME RULE MESSAGE SHALL BE MADE AVAILABLE
THROUGH THE ASSEMBLY PUBLIC INFORMATION OFFICE, THE ASSEMBLY INTERNET
SITE AND THE LEGISLATIVE RETRIEVAL SYSTEM.
RESOLVED, that subparagraph 1 of paragraph a of section 3 of Rule III
of the Assembly rules is amended to read as follows:
(1) Multi-sponsors shall file a written OR ELECTRONIC request to act
as such with the Index Clerk of the Assembly on forms provided. The
request so filed shall indicate that the first name appearing on the
bill shall be deemed the introducer and all others deemed multi-spon-
sors.
RESOLVED, that paragraph a of section 5 of Rule III of the Assembly
rules is amended to read as follows:
a. Original resolutions, concurrent or otherwise other than privileged
resolutions may be introduced by a member under the proper order of
business on or before the last Tuesday in May of the second year of the
term of the Assembly. After the last Tuesday in May of such second year
no such resolution shall be introduced except by the Committee on Rules
or by message from the Senate or, with the consent of the Speaker, by
members elected at a special election who take office on or after the
last Tuesday in May. Such resolutions shall be in quadruplicate and
bear the name of the introducer and shall be referred to a standing
committee for consideration and report. No such resolution may be intro-
duced unless copies thereof first shall have been furnished to the
Speaker, the Majority Leader and the Minority Leader. Before the House
may vote on a resolution, copies of such resolution shall be placed on
each member's desk prior to such vote IN WRITTEN OR ELECTRONIC FORMAT.
RESOLVED, that subparagraph 8 of paragraph b of section 5 of Rule III
of the Assembly rules is amended to read as follows:
(8) resolutions in [memorium] MEMORIAM or honorific in nature,
PROVIDED, HOWEVER, THAT SUCH RESOLUTIONS SHALL BE PLACED ON EACH
MEMBER'S DESK IN EITHER WRITTEN OR ELECTRONIC FORMAT PRIOR TO THEIR
CONSIDERATION.
RESOLVED, that paragraph a of section 1 of Rule IV of the Assembly
rules is amended to read as follows:
a. The standing committees shall be as follows:
Name of Committee Number of Members
Aging ............................................ 30
Agriculture ...................................... 23
Alcoholism and Drug Abuse ........................ 14
Banks ............................................ 31
Children and Families ............................ 17
Cities ........................................... 16
Codes ............................................ 22
Consumer Affairs and Protection .................. 16
Corporations, Authorities and Commissions ........ 26
Correction ....................................... 13
Economic Development, JOB CREATION, COMMERCE
AND INDUSTRY ..................................... 26
Education ........................................ 31
Election Law ..................................... 16
Energy ........................................... 17
Environmental Conservation ....................... 30
Ethics and Guidance ............................... 8
Governmental Employees ........................... 14
Governmental Operations .......................... 14

Health ........................................... 26
Higher Education ................................. 26
Housing .......................................... 28
Insurance ........................................ 25
Judiciary ........................................ 21
Labor ............................................ 29
Libraries and Education Technology ................ 9
Local Governments ................................ 20
Mental Health .................................... 13
Oversight, Analysis and Investigation ............. 7
Racing and Wagering .............................. 11
Real Property Taxation ........................... 10
Rules ............................................ 31
Small Business ................................... 17
Social Services .................................. 18
Tourism, Parks, Arts and Sports Development ...... 21
Transportation ................................... 26
Veterans' Affairs ................................ 19
Ways and Means ................................... 35
RESOLVED, that paragraph b of section 2 of Rule IV of the Assembly
rules is amended to read as follows:
b. Each chairperson of a standing committee shall, by the Thursday of
the week preceding, furnish to the Speaker, the Majority and Minority
.SO DOC A R1086 RESO TEXT 2015
Leaders, and make available IN WRITTEN OR ELECTRONIC FORMAT to each
member of such committee, a copy of the agenda of all meetings scheduled
for the following week, together with a copy of the introducer's memo-
randum for each bill listed on such agenda. Further, each chairperson
shall furnish to the Speaker, the Majority and Minority Leaders and to
the ranking minority member of such committee, a list of all bills
referred to such committee to date together with the above agenda and
memoranda. In addition, copies of such agenda shall be made available
not later than such Thursday to representatives of the news media and to
the general public by the filing thereof with the Legislative Library
and the Assembly Public Information Office, AND SHALL BE MADE AVAILABLE
ON THE ASSEMBLY INTERNET SITE AND THE LEGISLATIVE RETRIEVAL SYSTEM. The
notice provisions of this subdivision and of subdivision c shall not
apply to the Committee on Rules. Nothing contained in this subdivision
shall be deemed to waive any of the provisions of article seven of the
Public Officers Law known as the "Open Meetings Law".
RESOLVED, that paragraph e of section 2 of Rule IV of the Assembly
rules is amended to read as follows:
e. At the conclusion of a committee meeting the committee clerk of
such committee shall deliver to the Office of Journal Operations a roll
call on each of the bills considered by the committee and on each vote
to hold an executive session indicating the attendance of the members
and the ayes and nays. Such roll call shall be reproduced not later than
24 hours after transmittal to such Office and shall be made available
for inspection by the general public and representatives of the news
media in the Assembly Public Information Office, THE ASSEMBLY INTERNET
SITE AND THE LEGISLATIVE RETRIEVAL SYSTEM.
RESOLVED, that section 2 of Rule IV of the Assembly rules is amended
by adding a new paragraph g to read as follows:
G. THE AUDIO AND/OR VIDEO BROADCAST OF COMMITTEE MEETINGS SHALL BE
MADE AVAILABLE ON THE ASSEMBLY INTERNET SITE WHEN PRACTICABLE, AND SHALL
BE SUBJECT TO THE SAME REQUIREMENTS AS APPLY TO TELEVISED PROCEEDINGS OF
ASSEMBLY SESSIONS PURSUANT TO RULE X.
RESOLVED, that paragraph a of section 4 of Rule IV of the Assembly
rules is amended to read as follows:

a. During each legislative session, chairpersons of standing commit-
tees may call public hearings to permit interested persons, groups or
organizations the opportunity to testify orally or in writing on legis-
lation or other matters pending before such standing committee provided,
however, that each chairperson shall call such public hearings upon a
petition signed by a majority of the members of the committee. SUCH
TESTIMONY IF SUBMITTED IN WRITING SHALL BE POSTED ON THE ASSEMBLY INTER-
NET SITE TO THE EXTENT PRACTICABLE.
RESOLVED, that section 5 of Rule IV of the Assembly rules is amended
to read as follows:
º 5. Consideration of bills; requests by sponsor. a. Each standing
committee may consider any bill referred to it at any time if otherwise
in conformity with these Rules. (1) In considering any bill, a standing
committee may vote favorably, unfavorably or to hold the bill for
further action and/or study, provided, however, that a motion to hold
which fails shall not be deemed to satisfy a request for consideration.
Insofar as may be practicable, each standing committee shall vote upon
such bills in the order in which such requests are filed, provided,
however, that a chairperson may schedule the consideration of bills
jointly if such bills deal with similar subject matter. [Committees
having original jurisdiction over bills upon which a request for consid-
eration has been filed shall schedule all such bills for committee
consideration by the third Tuesday in May of the second year of the term
of the Assembly.]
(2) No bill shall be considered by a standing committee unless the
final printed copy of the bill has been available to each member of the
committee for at least seven days and copies thereof have been available
to the general public and representatives of the news media for at least
such period of time. A bill reported by a standing committee with
amendments shall not be deemed to be a new bill for the purposes of the
provisions of this subdivision requiring bills to be available for at
least seven days prior to consideration by a standing committee.
Provided, however, that upon consent of a majority of the members of
such committee, any bill which is not in compliance with the foregoing
provisions of this paragraph, may be transmitted to the Committee on
Rules for further action in accordance with the provisions of subpara-
graph (b) of paragraph one of subdivision b of section ten of this Rule.
b. The sponsor of a bill referred to a standing committee may require
the committee to formally vote upon such bill by filing a request there-
for on an appropriate WRITTEN OR ELECTRONIC form to be furnished by the
Office of Journal Operations. With respect to such request for consider-
ation:
(1) The clerk of each standing committee, upon receiving such a
request must immediately issue a receipt therefor acknowledging the date
and time of filing;
(2) Requests for consideration may be submitted on bills that are
printed, as follows:
(a) no later than the [second] LAST Tuesday in [April] MARCH of the
second year of the term of the Assembly, except that after the [second]
LAST Tuesday in [April] MARCH of such second year through the [first]
THIRD Tuesday in [May] APRIL each member may submit a total of five
additional requests for consideration with a committee of original
jurisdiction, and a copy of such additional request shall be filed by
the Committee Clerk with the Committee on Standing Committees. COMMIT-
TEES HAVING ORIGINAL JURISDICTION OVER BILLS UPON WHICH A REQUEST FOR
CONSIDERATION HAS BEEN FILED SHALL SCHEDULE ALL SUCH BILLS FOR COMMITTEE
CONSIDERATION BY THE FIRST TUESDAY IN MAY OF THE SECOND YEAR OF THE TERM
OF THE ASSEMBLY; and

(b) in the case of a bill that is referred to a subsequent standing
committee, such request shall be submitted within thirty days after such
referral;
(3) Except with respect to bills referred to a standing committee
.SO DOC A R1086 RESO TEXT 2015
pursuant to the provisions of [paragraph] ITEM (III) OF SUBPARAGRAPH two
of [subdivision] PARAGRAPH f of section two of Rule III, requests for
consideration of any bill introduced by or at the request of a member
may be made only once in any two-year term of the Assembly;
(4) Once a committee has acted pursuant to such request, such commit-
tee shall not be required, during such two-year term, to again consider
such bill or to consider any substantially duplicative bill introduced
by, or at the request of such member subsequent to the consideration of
such bill by the committee; and
(5) With respect to a bill sponsored by the Committee on Rules at the
request of a member, either the Committee or the member at whose request
the bill has been introduced may file a request for consideration.
(6) IN ADDITION TO THE FOREGOING PROVISIONS OF THIS SECTION, SPONSORS
MAY FILE REQUESTS FOR COMMITTEE CONSIDERATION FOR UP TO FIVE INDIVIDUAL
BILLS IN THE FIRST YEAR OF THE TWO YEAR TERM AS FOLLOWS:
(A) NO LATER THAN THE SECOND TUESDAY IN APRIL OF THE FIRST YEAR OF THE
TERM OF THE ASSEMBLY, EACH MEMBER MAY SUBMIT A TOTAL OF FIVE BILL
REQUESTS FOR CONSIDERATION WITH A COMMITTEE OF ORIGINAL JURISDICTION,
PROVIDED, HOWEVER, THAT NO MEMBER SHALL SUBMIT MORE THAN ONE OF THESE
FIVE BILL REQUESTS WITH THE SAME STANDING COMMITTEE, AND A COPY OF SUCH
REQUEST SHALL BE FILED BY THE COMMITTEE CLERK WITH THE COMMITTEE ON
STANDING COMMITTEES. COMMITTEES HAVING ORIGINAL JURISDICTION OVER BILLS
UPON WHICH A REQUEST FOR CONSIDERATION HAS BEEN FILED SHALL SCHEDULE ALL
SUCH BILLS FOR COMMITTEE CONSIDERATION BY THE FIRST TUESDAY IN MAY OF
THE FIRST YEAR OF THE TERM OF THE ASSEMBLY; AND
(B) IN THE CASE OF A BILL THAT IS REFERRED TO A SUBSEQUENT STANDING
COMMITTEE, SUCH REQUEST SHALL BE SUBMITTED WITHIN THIRTY DAYS AFTER SUCH
REFERRAL.
RESOLVED, that section 12 of Rule IV of the Assembly rules is amended
to read as follows:
º 12. Assembly Committee on Conference Committees. There shall be an
Assembly Committee on Conference Committees to consist of five members;
provided, however that there shall be at least one minority member on
such committee. [Members of such committee shall be selected from among
Assembly leadership positions.] The Speaker shall appoint the chair-
person from among the membership of the committee. Such committee shall
meet at least once a month during the regular Legislative Session,
excluding January, and as necessary to review legislation passed by both
houses for the purpose of making recommendations for the convening of
conference committees pursuant to Joint Rule II of the Permanent Joint
Rules of the Senate and Assembly. The committee shall review requests
for conference committee made by the introducer of legislation. Recom-
mendations issued by the committee must be in writing and indicate any
dissenting opinion. Meetings of the Assembly Committee on Conference
Committees shall be subject to the provisions of article seven of the
Public Officers Law known as the "Open Meetings Law".
RESOLVED, that paragraph e of section 2 of Rule V of the Assembly
rules is amended to read as follows:
e. Copies of all roll calls, INCLUDING ALL RECORDED PROCEDURAL VOTES,
shall be made available to the Majority and Minority Leaders and repre-
sentatives of the news media within thirty minutes after completion
thereof and, as soon as practicable thereafter, shall be made available
for public inspection at a place designated by the Speaker, AND MADE

AVAILABLE ON THE ASSEMBLY INTERNET SITE AND THE LEGISLATIVE RETRIEVAL
SYSTEM.
RESOLVED, that section 2 of Rule VII of the Assembly rules is amended
to read as follows:
º 2. Expenditure reporting. Not later than January thirty-first, nine-
teen hundred ninety-six, the Speaker shall cause the establishment of a
system of expenditure reporting whereby expenditures of the House shall
be reported by such categories as he or she shall determine. Reports of
expenditures by such system shall be published in a WRITTEN AND ELEC-
TRONIC form to be prescribed by the Speaker, and shall report on all
expenditures of the House during each preceding reporting period. SUCH
REPORT SHALL BE MADE AVAILABLE ON THE ASSEMBLY INTERNET SITE.
RESOLVED, that section 3 of Rule VIII of the Assembly rules is amended
to read as follows:
º 3. Public information office. There shall be an Assembly Public
Information Office to provide and disseminate information to the media
and to the general public in accordance with the provisions of the
"Freedom of Information Law" and this rule. THE ASSEMBLY INTERNET SITE
SHALL INCLUDE AN ONLINE REQUEST FORM FOR ANY REQUEST OF RECORDS SUBMIT-
TED UNDER THE "FREEDOM OF INFORMATION LAW" AND THIS RULE, AND SHALL
INCLUDE A GUIDE TO THE PUBLIC INSPECTION AND COPYING OF LEGISLATIVE
RECORDS.
RESOLVED, that Rule X of the Assembly rules is amended by adding a new
section 3 to read as follows:
º 3. ALL TELEVISED PROCEEDINGS AS PROVIDED FOR IN THIS RULE SHALL BE
MADE AVAILABLE PROMPTLY ON THE ASSEMBLY INTERNET SITE.
RESOLVED, that the foregoing amendments to the RULES OF THE ASSEMBLY
take effect December 31, 2016.

actions

18 / Mar / 2016
- INTRODUCED
21 / Mar / 2016
- ADOPTED

Resolution Details

Law Section:: Resolutions, Assembly

“The CAMPUS” to serve as resource center for technology, health, and career development.

NYS Senator Jesse Hamilton Unites with Colleagues, City and State Partners, and Community Groups to Launch “the Campus” a Partnership for Technology and Wellness in Brownsville, Brooklyn

senate Bill S7051

2015-2016 Legislative Session

Criminalizes acting as a runner or soliciting or employing a runner to procure patients or clients

download bill text pdf

Sponsored By

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 (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2016	referred to codes delivered to assembly passed senate
Jun 06, 2016	ordered to third reading cal.1456 committee discharged and committed to rules
Mar 18, 2016	referred to codes

S7051 - Details

See Assembly Version of this Bill:: A862A
Law Section:: Penal Law
Laws Affected:: Amd §§176.00 & 460.10, add §§176.75 - 176.85, Pen L; amd §700.05, CP L
Versions Introduced in Previous Legislative Sessions:: 2015-2016: S2131
2013-2014: S3033, A4597
2011-2012: S7451, A9768A
2009-2010: S1335

S7051 - Summary

Criminalizes acting as a runner or soliciting or employing a runner to procure patients or clients.

S7051 - Sponsor Memo

 BILL NUMBER:  S7051

 TITLE OF BILL :

An act to amend the penal law and the criminal procedure law, in
relation to criminalizing acting as a runner or soliciting or
employing a runner to procure patients or clients

 PURPOSE :

Creates the crime of unlawful procurement of clients in three degrees.
Criminalizes acting as a "runner" or soliciting or employing a
"runner" to procure patients or clients.

 SUMMARY OF PROVISIONS :

Section 1 adds three new subdivisions to section 176.00 of the Penal
Law defining "provider," "public media," "runner," and "pecuniary
benefit."

Section 2 adds three new Penal Law sections, 176.75, 176.80, and
176.85, for Unlawful Procurement of Clients, Patients or Customers in
the Third, Second, and First Degrees.

Section 3 amends the definition of "criminal act" in Enterprise
Corruption to include the two new crimes that are felonies.

Section 4 amends the definition of "designated offense" in the eaves-
dropping and video surveillance warrants provision to include the two
new crimes that are felonies.

 EXISTING LAW :

 JUSTIFICATION :

Other states have for many years criminalized acting as a runner or
soliciting or employing a runner to procure patients or clients. It is
long overdue in New York, a state with one of the highest average car
insurance rates in the nation.

This legislation is patterned on the New Jersey runner law and on the
federal Medicare-Medicaid Anti-Kickback Act, 42 U.S.C. § 1320a-7b,
both of which make it a crime intentionally to pay for patient
referrals. Such a measure is crucial in New York as a way to prevent
fraudulent activity by drying up the supply of patients for clinics
and other providers whose entire purpose is to bill no-fault insurance
carriers without regard to the legitimacy of any particular claim. The
use of runners is unfortunately common in the New York metropolitan
area.

A "runner" is a person who is paid for each patient they send to a
fraudulent provider. This can be a very rich incentive for them. The
providers commit insurance fraud by recruiting patients who do not
need treatment or were not in a car accident, exaggerating illnesses,
or, as is all too common, staging accidents. Without the runners, the
patient supply for fraudulent clinics would dry up, and New York
residents could save tens if not hundreds of millions of dollars.

This bill would criminalize runners or providers who use runners and
make it either a class A misdemeanor, class E felony, or class D
felony, depending on the aggregate value of the pecuniary benefit or
the number of times a person works as a runner.

 LEGISLATIVE HISTORY :

2012 - S.7451 - Passed Senate/Assembly Codes
2013/2014 - S.3033 Passed Senate/Assembly Codes
2015 - S.2131 Passed Senate/Assembly Codes

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
On the first of November after becoming law.

S7051 - Bill Text download pdf

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

                                  7051

                            I N  S E N A T E

                             March 18, 2016
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation  to criminalizing acting as a runner or soliciting or employ-
  ing a runner to procure patients or clients

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

  Section  1.  Section 176.00 of the penal law is amended by adding four
new subdivisions 6, 7, 8 and 9 to read as follows:
  6. "PROVIDER" MEANS AN ATTORNEY, A HEALTH CARE PROFESSIONAL, AN  OWNER
OR  OPERATOR  OF  A  HEALTH  CARE  PRACTICE  OR FACILITY, ANY PERSON WHO
CREATES THE IMPRESSION THAT HE OR  SHE,  OR  HIS  OR  HER  PRACTICE  CAN
PROVIDE  LEGAL OR HEALTH CARE SERVICES, ANY PERSON EMPLOYED OR ACTING ON
BEHALF OF ANY  SUCH  PERSON,  OR  ANY  PERSON  PROVIDING  MANAGEMENT  OR
CONSULTING SERVICES TO ANY SUCH PERSON.
  7.  "PUBLIC  MEDIA" MEANS TELEPHONE DIRECTORIES, PROFESSIONAL DIRECTO-
RIES, NEWSPAPERS AND OTHER  PERIODICALS,  RADIO  AND  TELEVISION,  BILL-
BOARDS,  AND MAILED OR ELECTRONICALLY TRANSMITTED WRITTEN COMMUNICATIONS
THAT DO NOT INVOLVE DIRECT CONTACT WITH A SPECIFIC  PROSPECTIVE  CLIENT,
PATIENT, OR CUSTOMER.
  8.  "RUNNER"  MEANS A PERSON WHO, FOR A PECUNIARY BENEFIT, PROCURES OR
ATTEMPTS TO PROCURE A CLIENT, PATIENT OR CUSTOMER AT THE  DIRECTION  OF,
REQUEST OF OR IN COOPERATION WITH A PROVIDER WHOSE PURPOSE IS TO SEEK TO
OBTAIN  BENEFITS UNDER A CONTRACT OF INSURANCE OR ASSERT A CLAIM AGAINST
AN INSURED OR AN INSURANCE CARRIER FOR PROVIDING SERVICES TO THE CLIENT,
PATIENT OR CUSTOMER, OR TO OBTAIN  BENEFITS  UNDER  OR  ASSERT  A  CLAIM
AGAINST  A STATE OR FEDERAL HEALTH CARE BENEFITS PROGRAM OR PRESCRIPTION
DRUG ASSISTANCE PROGRAM.  "RUNNER" SHALL NOT INCLUDE (A)  A  PERSON  WHO
PROCURES  OR  ATTEMPTS  TO  PROCURE CLIENTS, PATIENTS OR CUSTOMERS FOR A
PROVIDER THROUGH PUBLIC MEDIA; (B) A PERSON WHO REFERS CLIENTS, PATIENTS
OR CUSTOMERS AS OTHERWISE AUTHORIZED BY LAW; OR (C) A PERSON WHO, AS  AN
AGENT,  BROKER  OR  EMPLOYEE  OF  A  HEALTH  MAINTENANCE ORGANIZATION AS
DEFINED IN SECTION FORTY-FOUR HUNDRED ONE  OF  THE  PUBLIC  HEALTH  LAW,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05335-02-6

S. 7051                             2

SEEKS  TO SELL HEALTH MAINTENANCE ORGANIZATION COVERAGE OR HEALTH INSUR-
ANCE COVERAGE TO AN INDIVIDUAL OR GROUP.
  9.  "PECUNIARY  BENEFIT"  MEANS  GOODS,  MONEY,  PROPERTY, SERVICES OR
ANYTHING OF VALUE, OR AN AGREEMENT TO CONFER OR RECEIVE ANY SUCH  GOODS,
MONEY, PROPERTY, SERVICES, OR THING OF VALUE.
  S  2.  The  penal  law is amended by adding three new sections 176.75,
176.80 and 176.85 to read as follows:
S 176.75 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS  IN  THE
             THIRD DEGREE.
  A  PERSON  IS  GUILTY  OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR
CUSTOMERS IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY:
  1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS; OR
  2. USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ANOTHER PERSON TO ACT  AS
A RUNNER ON ONE OR MORE OCCASIONS.
  UNLAWFUL  PROCUREMENT  OF  CLIENTS, PATIENTS OR CUSTOMERS IN THE THIRD
DEGREE IS A CLASS A MISDEMEANOR.
S 176.80 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS  IN  THE
             SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR
CUSTOMERS IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY:
  1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS FOR A  PECUNIARY  BENEFIT
THAT IN THE AGGREGATE EXCEEDS TWO THOUSAND FIVE HUNDRED DOLLARS IN VALUE
OR ACTS AS A RUNNER ON FIVE OR MORE OCCASIONS; OR
  2.  USES,  SOLICITS,  DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO
ACT AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT THAT IN
THE AGGREGATE EXCEEDS TWO THOUSAND FIVE  HUNDRED  DOLLARS  IN  VALUE  OR
USES,  SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO ACT AS
A RUNNER ON FIVE OR MORE OCCASIONS.
  UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN  THE  SECOND
DEGREE IS A CLASS E FELONY.
S  176.85  UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE
             FIRST DEGREE.
  A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT  OF  CLIENTS,  PATIENTS  OR
CUSTOMERS IN THE FIRST DEGREE WHEN HE OR SHE KNOWINGLY:
  1.  ACTS  AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT
THAT IN THE AGGREGATE EXCEEDS FIVE THOUSAND DOLLARS IN VALUE OR ACTS  AS
A RUNNER ON TEN OR MORE OCCASIONS; OR
  2.  USES,  SOLICITS,  DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO
ACT AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT THAT IN
THE AGGREGATE EXCEEDS FIVE THOUSAND DOLLARS OR USES, SOLICITS,  DIRECTS,
HIRES  OR  EMPLOYS ONE OR MORE PERSONS TO ACT AS A RUNNER ON TEN OR MORE
OCCASIONS.
  UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS  IN  THE  FIRST
DEGREE IS A CLASS D FELONY.
  S  3.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 368 of the laws of 2015, is amended  to  read
as follows:
  (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25  relating  to  kidnapping; sections 135.35 and 135.37 relating to
labor trafficking; section 135.65 relating to coercion; sections 140.20,
140.25 and 140.30 relating to  burglary;  sections  145.05,  145.10  and
145.12 relating to criminal mischief; article one hundred fifty relating
to  arson;  sections 155.30, 155.35, 155.40 and 155.42 relating to grand

S. 7051                             3

larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
care  fraud;  article  one  hundred  sixty relating to robbery; sections
165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
stolen  property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30 relating to insurance fraud; SECTIONS 176.80 AND 176.85  RELATING
TO  UNLAWFUL  PROCUREMENT  OF  CLIENTS, PATIENTS AND CUSTOMERS; sections
178.20 and 178.25 relating to criminal diversion of prescription medica-
tions  and  prescriptions;  sections  180.03,  180.08,  180.15,  180.25,
180.40,  180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,
200.22, 200.25, 200.27, 200.56,  215.00,  215.05  and  215.19;  sections
187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
190.65  relating  to  schemes  to defraud; any felony defined in article
four hundred ninety-six; sections 205.60 and 205.65 relating to  hinder-
ing prosecution; sections 210.10, 210.15, and 215.51 relating to perjury
and  contempt;  section  215.40  relating  to  tampering  with  physical
evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,  220.31,
220.34,  220.39,  220.41,  220.43,  220.46,  220.55,  220.60, 220.65 and
220.77 relating to controlled substances;  sections  225.10  and  225.20
relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
promoting prostitution; section  230.34  relating  to  sex  trafficking;
sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10  which  constitute  a  felony  relating  to
firearms  and other dangerous weapons; sections 265.14 and 265.16 relat-
ing to criminal sale of a firearm; section 275.10,  275.20,  275.30,  or
275.40 relating to unauthorized recordings; and sections 470.05, 470.10,
470.15 and 470.20 relating to money laundering; or
  S  4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 368 of the laws of 2015, is amended
to read as follows:
  (b) Any of the following felonies: assault in  the  second  degree  as
defined  in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment  in
the  first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30  of  the  penal  law,
strangulation  in  the second degree as defined in section 121.12 of the
penal law, strangulation in the  first  degree  as  defined  in  section
121.13  of  the  penal  law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the  second  degree  as
defined  in  section  125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the  penal  law,  murder  in  the
second  degree  as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, abortion
in the second degree as defined in section  125.40  of  the  penal  law,
abortion  in  the first degree as defined in section 125.45 of the penal
law, rape in the third degree as defined in section 130.25 of the  penal
law, rape in the second degree as defined in section 130.30 of the penal
law,  rape in the first degree as defined in section 130.35 of the penal
law, criminal sexual act in the  third  degree  as  defined  in  section
130.40  of  the  penal  law, criminal sexual act in the second degree as
defined in section 130.45 of the penal law, criminal sexual act  in  the

S. 7051                             4

first degree as defined in section 130.50 of the penal law, sexual abuse
in  the  first  degree  as  defined  in section 130.65 of the penal law,
unlawful imprisonment in the first degree as defined in  section  135.10
of  the penal law, kidnapping in the second degree as defined in section
135.20 of the penal law, kidnapping in the first degree  as  defined  in
section 135.25 of the penal law, labor trafficking as defined in section
135.35  of  the  penal  law,  aggravated labor trafficking as defined in
section 135.37 of the penal law, custodial  interference  in  the  first
degree  as  defined  in section 135.50 of the penal law, coercion in the
first degree as defined in section 135.65 of  the  penal  law,  criminal
trespass  in  the first degree as defined in section 140.17 of the penal
law, burglary in the third degree as defined in section  140.20  of  the
penal law, burglary in the second degree as defined in section 140.25 of
the penal law, burglary in the first degree as defined in section 140.30
of  the  penal  law, criminal mischief in the third degree as defined in
section 145.05 of the penal law, criminal mischief in the second  degree
as  defined in section 145.10 of the penal law, criminal mischief in the
first degree as defined in section 145.12 of  the  penal  law,  criminal
tampering  in the first degree as defined in section 145.20 of the penal
law, arson in the fourth degree as defined  in  section  150.05  of  the
penal law, arson in the third degree as defined in section 150.10 of the
penal  law,  arson  in the second degree as defined in section 150.15 of
the penal law, arson in the first degree as defined in section 150.20 of
the penal law, grand larceny in the fourth degree as defined in  section
155.30 of the penal law, grand larceny in the third degree as defined in
section  155.35  of the penal law, grand larceny in the second degree as
defined in section 155.40 of the penal law, grand larceny in  the  first
degree  as defined in section 155.42 of the penal law, health care fraud
in the fourth degree as defined in section  177.10  of  the  penal  law,
health  care  fraud  in the third degree as defined in section 177.15 of
the penal law, health care fraud in the  second  degree  as  defined  in
section  177.20  of the penal law, health care fraud in the first degree
as defined in section 177.25 of the penal  law,  robbery  in  the  third
degree  as  defined  in  section 160.05 of the penal law, robbery in the
second degree as defined in section 160.10 of the penal law, robbery  in
the first degree as defined in section 160.15 of the penal law, unlawful
use  of  secret  scientific material as defined in section 165.07 of the
penal law, criminal possession of stolen property in the  fourth  degree
as  defined  in  section 165.45 of the penal law, criminal possession of
stolen property in the third degree as defined in section 165.50 of  the
penal  law,  criminal possession of stolen property in the second degree
as defined by section 165.52 of the penal law,  criminal  possession  of
stolen  property in the first degree as defined by section 165.54 of the
penal law, trademark counterfeiting in the second degree as  defined  in
section  165.72  of the penal law, trademark counterfeiting in the first
degree as defined in section 165.73 of the penal  law,  forgery  in  the
second  degree as defined in section 170.10 of the penal law, forgery in
the first degree as defined in section 170.15 of the penal law, criminal
possession of a forged instrument in the second  degree  as  defined  in
section 170.25 of the penal law, criminal possession of a forged instru-
ment  in the first degree as defined in section 170.30 of the penal law,
criminal possession of forgery devices as defined in section  170.40  of
the  penal  law,  falsifying  business  records  in  the first degree as
defined in section 175.10  of  the  penal  law,  tampering  with  public
records  in  the  first degree as defined in section 175.25 of the penal
law, offering a false instrument for  filing  in  the  first  degree  as

S. 7051                             5

defined  in section 175.35 of the penal law, issuing a false certificate
as defined in section 175.40 of the penal law, UNLAWFUL  PROCUREMENT  OF
CLIENTS,  PATIENTS  OR  CUSTOMERS  IN  THE  SECOND  DEGREE AS DEFINED IN
SECTION  176.80  OF  THE  PENAL  LAW,  UNLAWFUL  PROCUREMENT OF CLIENTS,
PATIENTS OR CUSTOMERS IN THE FIRST DEGREE AS DEFINED IN  SECTION  176.85
OF  THE  PENAL  LAW,  criminal diversion of prescription medications and
prescriptions in the second degree as defined in section 178.20  of  the
penal   law,   criminal   diversion   of  prescription  medications  and
prescriptions in the first degree as defined in section  178.25  of  the
penal law, residential mortgage fraud in the fourth degree as defined in
section 187.10 of the penal law, residential mortgage fraud in the third
degree  as defined in section 187.15 of the penal law, residential mort-
gage fraud in the second degree as defined  in  section  187.20  of  the
penal  law, residential mortgage fraud in the first degree as defined in
section 187.25 of the penal law, escape in the second degree as  defined
in  section  205.10  of  the  penal  law,  escape in the first degree as
defined in section 205.15 of the penal law,  absconding  from  temporary
release  in  the  first degree as defined in section 205.17 of the penal
law, promoting prison contraband in  the  first  degree  as  defined  in
section  205.25  of  the  penal law, hindering prosecution in the second
degree as defined in section 205.60 of the penal law,  hindering  prose-
cution  in  the  first  degree as defined in section 205.65 of the penal
law, sex trafficking as defined in section  230.34  of  the  penal  law,
criminal possession of a weapon in the third degree as defined in subdi-
visions two, three and five of section 265.02 of the penal law, criminal
possession of a weapon in the second degree as defined in section 265.03
of the penal law, criminal possession of a weapon in the first degree as
defined  in  section  265.04  of  the penal law, manufacture, transport,
disposition and defacement of  weapons  and  dangerous  instruments  and
appliances  defined  as  felonies in subdivisions one, two, and three of
section 265.10 of the penal law, sections 265.11, 265.12 and  265.13  of
the  penal  law,  or prohibited use of weapons as defined in subdivision
two of section 265.35 of the penal law, relating to firearms  and  other
dangerous  weapons,  or failure to disclose the origin of a recording in
the first degree as defined in section 275.40 of the penal law;
  S 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

senate Bill S7050

2015-2016 Legislative Session

Requires regulations to notify vendors of WIC reimbursement discrepancies and the reason for such discrepancy

download bill text pdf

Sponsored By

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
Jun 02, 2016	reported and committed to finance
Apr 15, 2016	print number 7050a amend (t) and recommit to health
Mar 18, 2016	referred to health

Bill Amendments

Original (Active)

Co-Sponsors

S7050 - Details

See Assembly Version of this Bill:: A9647
Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L

S7050 - Summary

Requires regulations to notify vendors of WIC reimbursement discrepancies and the reason for such discrepancy; prohibits fees for rejected or bounced checks; relates to a method for collecting the difference between the total submitted for reimbursement and the authorized value of the WIC check.

S7050 - Sponsor Memo

S7050 - Bill Text download pdf

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

                                  7050

                            I N  S E N A T E

                             March 18, 2016
                               ___________

Introduced  by Sens. ESPAILLAT, KLEIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  requiring  regu-
  lations  to  establish  a  method of notification of WIC reimbursement
  rejections and the reason for such rejection and  prohibits  fees  for
  rejected or bounced WIC checks

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

  Section 1. Subdivision 1 of section 206 of the public  health  law  is
amended by adding two new paragraphs (v) and (w) to read as follows:
  (V) BY RULE AND REGULATION, ESTABLISH A METHOD IN WHICH THE DEPARTMENT
NOTIFIES  VENDORS  AUTHORIZED TO PARTICIPATE IN THE SPECIAL SUPPLEMENTAL
FOOD PROGRAM FOR WOMEN, INFANTS, AND  CHILDREN  (WIC  PROGRAM),  OF  THE
REJECTION  OF A REIMBURSEMENT SUBMITTED BY THE VENDOR AND THE REASON FOR
SUCH REJECTION.
  (W) BY RULE AND REGULATION ESTABLISH A METHOD WHEREBY  THE  VENDOR  IS
RESPONSIBLE  ONLY  FOR  THE  DIFFERENCE  BETWEEN THE TOTAL SUBMITTED FOR
REIMBURSEMENT AND THE REDEMPTION VALUE OF THE WIC CHECK.  VENDORS  SHALL
NOT BE RESPONSIBLE TO PAY A FEE FOR REJECTED OR BOUNCED WIC CHECKS.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14734-02-6

Co-Sponsors

S7050A - Details

See Assembly Version of this Bill:: A9647
Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L

S7050A - Summary

S7050A - Sponsor Memo

S7050A - Bill Text download pdf

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

                                 7050--A

                            I N  S E N A T E

                             March 18, 2016
                               ___________

Introduced  by Sens. ESPAILLAT, KLEIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend the public health law, in relation to requiring regu-
  lations to establish a method of  notification  of  WIC  reimbursement
  discrepancies  and  the reason for such discrepancy and prohibits fees
  for rejected or bounced WIC checks

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

  Section  1.  Subdivision  1 of section 206 of the public health law is
amended by adding two new paragraphs (v) and (w) to read as follows:
  (V) BY RULE AND REGULATION, ESTABLISH A METHOD IN WHICH THE DEPARTMENT
NOTIFIES VENDORS AUTHORIZED TO PARTICIPATE IN THE  SPECIAL  SUPPLEMENTAL
FOOD  PROGRAM  FOR  WOMEN,  INFANTS,  AND  CHILDREN  (WIC PROGRAM), OF A
DISCREPANCY IN THE PRESENTMENT OF A WIC CHECK FOR REIMBURSEMENT  SUBMIT-
TED BY THE VENDOR AND THE REASON FOR SUCH DISCREPANCY.
  (W)  BY  RULE  AND REGULATION ESTABLISH A METHOD WHEREBY THE VENDOR IS
RESPONSIBLE ONLY FOR THE DIFFERENCE  BETWEEN  THE  TOTAL  SUBMITTED  FOR
REIMBURSEMENT  AND  THE AUTHORIZED VALUE OF THE WIC CHECK. VENDORS SHALL
NOT BE RESPONSIBLE TO PAY A FEE FOR REJECTED OR BOUNCED WIC CHECKS.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14734-04-6

senate Bill S7049

2015-2016 Legislative Session

Provides that participants in the special supplemental nutrition program for women, infants and children may receive foods from any vendor appproved by such program, including formula

download bill text pdf

Sponsored By

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 (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2016	referred to health delivered to assembly passed senate
Jun 01, 2016	advanced to third reading
May 25, 2016	2nd report cal.
May 24, 2016	1st report cal.1147
Mar 18, 2016	referred to health

Co-Sponsors

view additional co-sponsors

S7049 - Details

Law Section:: Public Health Law
Laws Affected:: Add §2507, Pub Health L

S7049 - Summary

Provides that participants in the special supplemental nutrition program for women, infants and children may receive foods from any vendor approved by such program, including infant formula.

S7049 - Sponsor Memo

 BILL NUMBER:  S7049

 TITLE OF BILL :  An act to amend the public health law, in relation
to access to the special supplemental nutrition program for women,
infants and children

 PURPOSE :

Ensure that participants in the WIC program have access to all WIC
approved products, including specialty and exempt formulas, at any WIC
approved vendors.

 SUMMARY OF PROVISIONS :

Section one of the bill adds a new section 2507 to the public health
law.

The new § 2507 includes definitions and states that participants in
the WIC program have the right to redeem any food instruments at any
WIC food vendor including food instruments for any form of infant
formula approved by WIC.

This new section allows the Department to promulgate rules and
regulations regarding fraud prevention to ensure the integrity of the
program and fulfill federal mandates for cost containment.

Section two of the bill establishes and effective date.

 JUSTIFICATION :

In January of 2014 the New York State Department of Health (DOH)
decided to change its rules for the Special Supplemental Nutrition
Program for Women, Infants and Children (WIC Program) by announcing
that the only WIC vendors allowed to redeem checks for infant formulas
issued with a prescription, which DOH labels as exempt formula, would
be pharmacies or stores with a pharmacy department.  Vendors were
informed of this new rule on February 2014. DOH carried out this
important rules change without any input from the various stakeholders
involved in the WIC program and in doing so greatly reduced the
choices available for participants when it comes to obtaining the food
they need to ensure that their children get the nutrition they need.

This rules change negatively affects the ability of WIC participants
to get the products they are being prescribed when they visit their
nutritionist by limiting the number of vendors that provide this
formula. In addition, given the nature of retail in New York City,
most of the vendors who would be able to redeem checks for
prescription formula are not vendors who sell fresh fruits and
produce. The Federal and State governments have been pushing to
increase the intake of fresh fruits and vegetables to combat obesity
and other diseases. Ensuring the pregnant women, infant, and children
have access to fresh fruits and vegetables is a very important public
initiative and DOH's rule change undermines this initiative in New
York City by forcing participants to shop at stores that generally
don't offer fresh fruits and vegetables.

It has long been recognized that poor children lag behind non-poor
children on a wide range of indicators of physical, mental, academic,
and economic well-being. Poor children are more likely to have health,
behavioral, learning, and emotional problems. This is especially true
of poor children whose families experience deep poverty, those who are
poor during early childhood, and those who are poor for a long time.
Poor children are also more likely to be food insecure, and food
insecurity in households with children is associated with inadequate
intake of several important nutrients, deficits in cognitive
development, behavioral problems, and poor health.
The overall health of a child relates closely with pediatric obesity.
There are increased risks for diseases associated with pediatric
obesity and they are predicted to negatively impact the life
expectancy of the current generation of American children. Because the
early childhood onset of obesity is a strong predictor of the
persistence of obesity into adolescence and adulthood finding
effective strategies to promote healthy eating among young, low-income
children is critical to curbing the childhood obesity epidemic. For
these reasons, there is a push to improve the quality and amount of
fresh fruit and vegetables that are eaten. One such WIC program is the
WIC Vegetables and Fruits Check Program. This is used to allow the WIC
recipients to shop with approved for Farmers Market vendors. These
vendors must go through a process and be approved by NY State.

One June 24, 2015 Governor Cuomo announced an additional $658 million
to support access to the WIC program in New York. This expansion of
funding by the Governor showcases the important that we have given
ensuring access to fresh fruits and vegetables to families across New
York State. Given the importance the State has given to ensuring that
all eligible individuals participate in WIC and the importance of
making sure that infants and children have access to fresh fruits and
vegetables, it makes no sense to severely limit the number of WIC
approved vendors capable of providing women with specialty or exempt
formula.

 LEGISLATIVE HISTORY :

This is a new bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become law, provided that effective immediately the Department of
Health shall begin to promulgate any rules and regulations necessary
to implement this act.

S7049 - Bill Text download pdf

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

                                  7049

                            I N  S E N A T E

                             March 18, 2016
                               ___________

Introduced  by Sens. KLEIN, ESPAILLAT -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in  relation  to  access  to  the
  special supplemental nutrition program for women, infants and children

  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
2507 to read as follows:
  S  2507.  ACCESS  TO  THE  SPECIAL  SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS AND CHILDREN. 1. DEFINITIONS. AS USED IN THIS SECTION:
  (A) "FOOD INSTRUMENT" MEANS A WIC CHECK, DRAWN ON THE ACCOUNT  OF  THE
DEPARTMENT, EXCHANGEABLE FOR PRODUCTS APPROVED UNDER WIC.
  (B)  "PARTICIPANT"  MEANS  A PERSON WHO IS ELIGIBLE TO RECEIVE SUPPLE-
MENTAL FOODS OR FOOD INSTRUMENTS UNDER WIC.
  (C) "WIC" MEANS THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR  WOMEN,
INFANTS  AND  CHILDREN, AUTHORIZED BY THE FEDERAL CHILD NUTRITION ACT OF
1966.
  (D) "WIC FOOD VENDOR" MEANS A FOOD VENDOR  WHICH  HAS  A  CONTRACT  IN
EFFECT  WITH  A  LOCAL  AGENCY  TO  SUPPLY SUPPLEMENTAL FOODS TO PERSONS
RECEIVING WIC BENEFITS.
  2. IN ORDER TO MAXIMIZE ACCESS TO NUTRITIOUS FOODS TO PARTICIPANTS  IN
WIC,  SUCH  PARTICIPANTS SHALL HAVE THE RIGHT TO REDEEM FOOD INSTRUMENTS
AT ANY WIC FOOD  VENDOR,  INCLUDING  FOOD  INSTRUMENTS  AUTHORIZING  THE
PURCHASE OF ANY FORM OF INFANT FORMULA APPROVED BY WIC.
  3.  THE  DEPARTMENT  MAY PROMULGATE RULES AND REGULATIONS ESTABLISHING
FRAUD PREVENTION MEASURES, AND ANY OTHER MEASURES  NECESSARY  TO  ENSURE
THE INTEGRITY OF WIC AND FULFILL FEDERAL MANDATES FOR COST CONTAINMENT.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law. Provided, that, effective immediately, the department
of health shall begin to promulgate any rules and regulations  necessary
to implement the provisions of this act.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14717-02-6

To examine the issues facing communities in the wake of increased heroin abuse

To examine the issues facing communities in the wake of increased heroin abuse

To examine the issues facing communities in the wake of increased heroin abuse

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J. Gary Pretlow

Brian Kavanagh

Michael Blake

Vivian Cook

Jeffrey Dinowitz

Deborah Glick

Donna Lupardo

Shelley Mayer

Francisco Moya

Steven Otis

Crystal Peoples-Stokes

Philip Ramos

Sean Ryan

Rebecca Seawright

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Harry B. Bronson

David Buchwald

Kevin Cahill

John Ceretto

Patricia Fahy

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Kimberly Jean-Pierre

William Magee

Felix Ortiz

Victor M. Pichardo

Addie Jenne Russell

Angelo Santabarbara

Frank Skartados

James Skoufis

Phil Steck

Albert A. Stirpe

Matthew Titone

Carrie Woerner

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