Albany Legislative Update - May 24, 2024

Floor News

Promoting Stickball

• The Assembly passed a bill (A.860) authorizing the Department of Economic Development to give a preference to tourist promotion agencies that are promoting the sport of stickball (vote: 111-37).

Private Arbitration Organizations

• The Assembly passed a bill (A.2118) that requires private arbitration organizations performing 50 or more consumer arbitrations per year to collect and publish in a public, searchable database detailed information relating to such arbitrations (vote: 97-51).

Lead-Based Paint Disclosure Act

• The Assembly passed the “Lead-Based Paint Disclosure

Act,” (A.4820-B) requiring sellers of property and landlords of rental property to provide a certificate to a buyer or tenant that such property has been tested for lead paint and to provide the results of any corresponding tests (vote: 105-43).

Bounced Rent Check Fees

• The Assembly passed a bill (A.4750-A) which prohibits landlords from charging tenants a fee for a bounced rent check that is more than the actual costs or fees incurred by such landlord for the return of such bounced check or $20, whichever is less (vote: 93-55).

“Melanie’s Law”

• The Assembly and Senate passed a bill (A.6026) that enacts “Melanie’s Law” to allow courts to issue orders of protection for immediate family members or household members of named victims (vote: 143-5). o This bill was originally A.3277 (Beephan)

Committee News

Social Services

• Despite unanimous Republican support, the Social Services Committee blocked the following bills:

~A.8281 (Goodell) – Requires undocumented immigrants to submit to a health background check and be vaccinated in order to receive certain public assistance.

~A.8282 (Goodell) – Requires undocumented immigrants to submit to a background check in order to receive certain public assistance.

Governmental Employees

• Despite unanimous Republican support, the Governmental Employees Committee blocked the following bills:

~A.8286 (Chang) – Requires the Division of Military and Naval Affairs to establish the Organized Militia as Public Employees Working Group to examine the potential costs and benefits of designating members of the New York State organized militia as public employees.

~A.9379 (Brook-Krasny) – Allows a member of the New York State organized militia to purchase service credit for purposes of State retirement on the same terms and conditions as are provided for members of the Armed Forces who served on federal active duty.

Health

• Despite unanimous Republican opposition, the Health Committee reported the following bills:

~A.8170 – Prohibits State-operated hospitals (a category that includes SUNY Upstate, SUNY Downstate, SUNY Stony Brook, Roswell Park Cancer Institute, and Helen Hayes Hospital) from suing patients in an attempt to collect medical debt.

▪ This bill was reported to Ways and Means.

~A.9414-A – Prohibits references to the condition “excited delirium” on death certificates, in autopsy reports, or in reports by law enforcement personnel. Additionally, prohibits law enforcement personnel from taking any action concerning an individual who is labeled as having or being in a state of excited delirium, as well as banning public agencies and their employees and contractors from adopting or maintaining any policy or procedure (including a police manual or training) that acknowledges the validity of the diagnosis, cause of death, or label of excited delirium.

▪ This bill was reported to Rules.

Real Property Taxation

• The Real Property Taxation Committee reported the following bills:

~A.10279 – Provides for a real property tax exemption of 30% on all taxes imposed on the primary residences of widows and widowers of police officers who were killed in the line of duty.

▪ This bill is similar to A.9788 (Brown, K.) which provided a 100% exemption.

• This bill was reported to Ways and Means.

~A.10280 – Permits municipalities the option to grant child day cares up to a 50% exemption from real property taxes imposed.

▪ This bill is similar to A.8579 (Slater)

▪ This bill was reported to Ways and Means.

Economic Development

• Despite unanimous Republican support, the Economic Development Committee blocked a bill (A.7612, Novakhov), which prohibits the use of cannabis in any public place, including streets, sidewalks, parks, and outdoor restaurant and bar patios, unless designated for such use by the municipality.

Election Law

• Despite unanimous Republican support, the Election Law Committee blocked the following bills:

~A.3497 (DeStefano) – Requires a government-issued ID to be presented when casting a ballot.

~A.6111 (Norris) – Requires a government-issued ID to be presented when casting a ballot and requires the State Board of Elections to produce voter ID cards.

~A.6194 (Norris) – Directs the State Board of Elections to transmit twice a month a list of persons who have died or lost their right to vote and reduces the time that local boards of elections are afforded to remove such persons from their lists of eligible voters.

Local Governments

• Despite unanimous Republican opposition, the Local Governments Committee reported the following bills:

~A.7532-B – Requires industrial development agencies to include at least one representative from a local labor organization as well as either a school district superintendent or a representative of a school board.

▪ This bill was reported to Rules and subsequently to the Floor.

~A.8420-A – Specifies the qualifications for coroners who are not physicians.

▪ This bill was reported to Rules.

Tourism, Parks, Arts and Sports Development

• The Tourism, Parks, Arts, and Sports Development Committee reported a bill (A.10399), which requires a commercial passenger vessel operating on non-navigable underground waterways to be inspected annually.

▪ This bill is similar to A.7861 (Norris)

▪ This bill was reported to Codes.

• Despite unanimous Republican support, the Tourism, Parks, Arts, and Sports Development Committee blocked the following bills:

~A.3181 (Gallahan) – Provides that all goods, except for food products, must be produced in the United States in order to be sold at any State park, recreational facility, or historic site.

~A.7336 (Morinello) – Requires a minimum staffing of 385 full-time State Park Police officers at State parks, beaches, campgrounds, historic sites, and concert venues

Codes

• Despite unanimous Republican opposition, the Codes Committee reported the following bills:

~A.7138 – Enacts the Consumer and Small Business Protection Act. Broadens the definition of prohibited business practices under the General Business Law to further define in greater detail what are considered unfair, deceptive, or abusive practices.

▪ This bill was reported to Rules.

~A.8333-A – Enacts the “Safer Weapons, Safer Homes Act.” Directs DCJS to complete an investigation to certify (or decline to certify) the technological viability of personalized handguns. Personalized handgun means a pistol or revolver which incorporates within its design a permanent programmable feature that cannot be deactivated and renders it resistant to being fired except when activated by the lawful owner or other authorized user.

▪ This bill was reported to Ways and Means.

~A.10131 – Enacts the “Challenging the Wrongful Convictions Act”. Creates a legal pathway (post-conviction) for persons who plead guilty to a crime to have their convictions vacated. Provides these “applicants” with a right to counsel, a right to post-conviction discovery, a right to a hearing, and a right to an appeal. Governor Hochul vetoed an identical bill in 2023.

▪ This bill was reported to Rules.

• The Codes Committee reported the following bills:

~A.157-A – Creates a private right of action for the unconsented removal or tampering of a sexually protective device, such as a condom.

▪ This bill was reported to Rules.

~A.1818-C – Includes within the crime of Criminal Impersonation in the Second Degree, a person who pretends to be a servicemember, former servicemember, or first responder or wears or displays without authority any uniform, badge, or other insignia or falsely holds oneself out to be a recipient of a decoration or medal to honor such individuals with intent to obtain a benefit or to injure or defraud another, induce another to submit to such pretended official authority, or solicit funds. Requires persons convicted of this offense to pay a $250 stolen valor fee to be credited to the Veterans Remembrance and Cemetery Maintenance and Operation Fund.

▪ This bill is similar to A.5701 (Hawley)

• This bill was reported to Ways and Means.

~A.6459-A – Directs the presiding Parole Board commissioners, prior to the conduct of any parole hearing, to review all victim impact statements relating to the offense(s) for which the incarcerated individual has been convicted and sign a written attestation confirming that they have reviewed the victim impact statements prior to the hearing. Adds a video conference option for victims to provide their victim impact statements to the Parole Board.

▪ This bill is similar to A.5548 (Brabenec)

• This bill was reported to Rules.

Agriculture

• Despite unanimous Republican support, the Agriculture Committee blocked the following bills:

~A.4210 (Tague) – Requires the Department of Agriculture and Markets to create the Veterans in Agriculture Assistance and Outreach Program to help integrate veterans into the field of agriculture and support those currently working in agriculture.

~A.4284 (Lemondes) – Exempts livestock guardian and herding dogs from dog licensing fees.

~A.9739 (Miller) – Removes the requirement that an animal be killed with aggravated cruelty (i.e., with intent to cause extreme physical pain or done in an especially depraved or sadistic manner) for a person to be guilty of aggravated cruelty to animals.

Energy

• The Energy Committee reported a bill (A.4866-C) enacting the "Just Energy Transition Act" to mandate that the New York State Energy Research and Development Authority (NYSERDA) continue to study competitive options to facilitate the phase-out, replacement (with “renewable energy systems”), and redevelopment of the State's “oldest and most-polluting” fossil-fueled generation facilities and their sites by the year 2030, a process which commenced in 2022, per the Climate Action Council’s Final Scoping Plan. Qualifies the competitive process to exclude most electricity generated by hydroelectric facilities.

This bill was reported to Ways and Means.

Judiciary

• Despite unanimous Republican support, the Judiciary Committee blocked the following bills:

~A.6410 (Lemondes) – Prohibits noncitizens, foreign governments, and foreign entities of particular concern from purchasing property within the State that is zoned for industrial or agricultural use.

~A.9467 (Tague) – Provides for the presence of either a uniformed court officer or law enforcement officer at local justice courts at no expense to municipalities.

• Despite unanimous Republican opposition, the Judiciary Committee reported a bill (A.4363) that allows any town or village, by a majority vote, to require any person who serves as a town or village justice to be admitted to practice law in the State.

This bill was reported to Rules.

• The Judiciary Committee reported a bill (A.9232-B) that extends the time permitted to bring a wrongful death action and expands the list of damages which may be recovered and the list of persons who may bring such action.

This bill was reported to Codes.

Corporations, Authorities and Commissions

• Despite unanimous Republican opposition, the Corporations, Authorities and Commissions Committee reported a bill (A.8595) authorizing the New York State Energy Research and Development Authority (NYSERDA) to establish and implement a Delivered Fuels Replacement Program to provide grants, loans, and other services, based upon NYSERDA-set standards and guidelines, aimed toward enabling fuel-switching for residences using propane or fuel-oil heating systems to transition such systems to “efficient electric heat pumps.”

This bill was reported to Ways and Means and subsequently to Rules.

• The Corporations, Authorities and Commissions Committee reported the following bills:

~A.3746 – Levies civil penalties against public utility companies and corporations (including, where applicable, the officers, agents, or employees thereof) for false material statements made before the Public Service Commission (PSC) amidst rate proceedings in this fashion:

▪ A $250,000 maximum penalty as the result of knowingly making a false material statement, representation, or certification before PSC; and/or

▪ A $250,000 maximum penalty as the result of failing to disclose a false material statement, representation, or certification made during a rate case to PSC within three business days of discovering said false information.

• This bill was reported to Codes.

~A.10135 – Directs all energy utilities, along with water-works corporations, to prepare an expenditure report of lobbying and advertising activities to present to the Department of Public Service by March 31, 2025, and semi-annually thereafter.

▪ This bill was reported to Ways and Means.

Environmental Conservation

• The Environmental Conservation Committee reported the following bills of note:

~A.3556-D – Prohibits the sale of covered products with PFAS that is at or above the regulated level or intentionally added from being sold in the State starting January 1, 2027. Defines "covered product" to mean textile articles, rugs, fabric treatments, cookware, ski waxes, architectural paints, cleaning products, dental floss, or a component thereof.

▪ This bill was reported to Codes.

~A.6436-A – Establishes the mattress collection program, which requires all mattress manufacturers to implement a program for the collection and recycling of used mattresses that is free to the consumer.

▪ This bill was reported to Codes.

Higher Education

• The Higher Education Committee reported a bill (A.2154-A) that would expand the veterans tuition awards program to allow the transfer of unused benefits to a spouse, survivor, or child.

This bill was reported to Rules.

Housing

• Despite unanimous Republican support, the Housing Committee blocked the following bills:

~A.4356 (Fitzpatrick) – Extends the authority, currently only held by New York City, to issue affordable housing development loans to all other municipalities in the State.

~A.4843 (Fitzpatrick) – Authorizes the State of New York Mortgage Agency (SONYMA) to institute the Home Equity Protection Insurance Program, which will insure the value of residential real property against financial loss upon resale of the property.

~A.6625 (Fitzpatrick) – Allows the use of the Low-Income Housing Tax Credit Program for developing one- to four-family houses, condominiums, or cooperatives in low-income, rural, or distressed areas.

~A.6894 (Blumencranz) – Excludes squatters from the definition of a tenant. Extends the length of time for an individual to be deemed a lawful tenant from 30 days to 45 days. Adds occupying a building or real property without the title, right, or permission of the rightful owner to the definition of criminal trespass in the third degree.

~A.8226 (Gray) – Requires every short-term rental company in the State to provide an annual inventory to the governing body of each county or the New York City Council. Mandates that such short-term rental companies must also provide a monthly report to such governing bodies that contains data on the utilization of short-term rentals, including the number of days each unit was rented, the total number of occupants, and the length of stay for each rental unit.

• Despite unanimous Republican opposition, the Housing Committee reported a bill (A.4130-B) establishing which dwelling units in the State may be used as short-term residential rental units and requires short-term rental hosts and booking services to register with the Department of State and maintain records of guest stays for two years.

This bill was reported to Codes.

• The Housing Committee reported a bill (A.10286) which requires the New York City Housing Authority (NYCHA) to develop policies and procedures governing the procurement of materials, supplies, and services that are not required to be made pursuant to sealed bid requirements and mandates that New York City develop a procurement corruption prevention training program.

This bill was reported to Ways and Means.

Governmental Operations

• Despite unanimous Republican support, the Governmental Operations Committee blocked the following bills:

~A.6525 (Smith) – Prohibits State agencies from contracting with private entities that invest in the Russian energy sector and that have not initiated a formal plan to cease such investment activities.

~A.7345 (Maher) – Increases, from two to four years, the length of terms of members of the Legislature and establishes term limits for the Governor and members of the Legislature of three, four-year terms.

~A.7751 (Brown, A.) – Prohibits the State from contracting with, or investing in, persons and businesses that promote or engage in activities to boycott American allied nations, including Israel.

~A.8033 (Gandolfo) –Prohibits the Governor from preventing or inhibiting State agencies and their employees, including law enforcement officers, from working with federal agencies for the purposes of federal immigration enforcement.

~A.8844 (Palmesano) - Requires the Division of Homeland Security and Emergency Services to conduct a study on the public safety implications of the electrification of buildings and transportation in the context of emergency response in adverse conditions. Excludes emergency vehicles and heavy equipment from the provisions of the New York State Climate Leadership and Community Protection Act. Prohibits the use of battery packs which contain cobalt mined components for primary propulsion of authorized emergency vehicles.

~A.8847 (Angelino) – Enacts the Protecting Religious Assembly in States of Emergency (PRAISE) Act, which prohibits any governmental entity from discriminating against and closing a place of worship during an emergency.

~A.9530 (Tannousis) – Mandates that the State Comptroller examine and audit all funds appropriated and contracts entered into by New York City for humanitarian aid, including short-term shelter services and public assistance benefits, to migrant individuals and families on or after April 1, 2022.

~A.9647 (Chang) - Reinstates qualified immunity for police officers in New York City and provides for the defense and indemnification of police officers and public employees in civil lawsuits in New York City.

Education

• Despite unanimous Republican support, the Education Committee blocked the following bills:

~A.7571 (Miller) – Enters New York State into the Interstate Teacher Mobility Compact.

~A.8133 (Smullen) – Allows nonresidents of a district to be admitted into the school or schools of a district or city, upon the consent of the trustees or the board of education, as part of an interregional student enrollment program.

~A.8135 (Smullen) – Allows school districts to contract with an approved drive-sharing network to convey pupils residing within the district.

~A.8447 (Palmesano) – Extends the deadline for the zero-emission school bus mandate from July 1, 2035, to the latter of either July 1, 2045, or whenever all State agencies have transitioned 100% of their medium- and heavy-duty vehicle fleets to zero-emission vehicles.

~A.8865 (Brabenec) – Raises the salary that can be considered an approved expense for teachers employed by a board of cooperative educational services providing instruction in career and technical education to school-age students.

~A.9183 (Smullen) – Allows school districts to opt out of certain zero-emission school bus requirements by submitting a waiver to the Commissioner of Education.

Insurance

• The Insurance Committee reported the following bills of note:

~A.1696-B – Requires health insurers, upon the recommendation of a physician, to cover screening and diagnostic imaging, including diagnostic mammograms, breast ultrasounds, or magnetic resonance imaging, recommended by nationally recognized clinical practice guidelines for the detection of breast cancer.

▪ This bill was reported to Ways and Means.

~A.6425-A – Mandates that health insurers provide coverage, at a minimum, for two medically necessary epinephrine auto-injector devices for the emergency treatment of life-threatening allergic reactions.

▪ This bill was reported to Rules.

~A.6867-B – Prohibits restrictions on renters insurance policies based solely on the policyholder harboring or owning any dog of a specific breed or mixture of breeds, thus conforming with provisions governing homeowner’s liability policies.

▪ This bill was reported to Rules.

~A.8942 – Directs the Department of Financial Services (DFS) to conduct a study examining the increasing costs of insurance premiums, the lack of availability of insurance coverage for losses from flooding, and the possibility of supporting a private flood insurance market in the State.

▪ This bill was reported to Ways and Means.

• Despite unanimous Republican support, the Insurance Committee blocked a bill (A.6089, Curran) that requires health insurance policies which provide coverage for mammography screenings to also provide coverage for breast ultrasounds for cancer screening when a physician determines that a covered person has extremely dense or heterogeneously dense breast tissue.

Banks

• Despite unanimous Republican opposition, the Banks Committee reported the following bills:

~A.9230-A – Overhauls existing provisions of the Banking Law regulating accounts of convenience, including joint checking accounts, and replaces them with a new statutory framework for multiple-person accounts for personal use.

▪ This bill was reported to Rules.

~A.9636-A – Creates a Banking Development District Working Group to assess and provide recommendations and future goals for the Banking Development District Program. Directs the Superintendent of Financial Services to impose an assessment on bank branches located within banking development districts to cover all costs associated with this Working Group.

▪ This bill was reported to Ways and Means.

~A.10134 – Enacts the “Bank of Rochester Act” authorizing the city of Rochester to establish and own the Bank of Rochester as a public bank.

▪ This bill was reported to Codes.

Transportation

• Despite unanimous Republican support, the Transportation Committee blocked the following bills:

~A.1483 (Blankenbush) – Provides for the establishment of school speed limits of not less than 15 MPH by the Department of Transportation (DOT) or by the legislative body of any county, or by other municipalities if so authorized.

~A.2027 (Blankenbush) – Institutes toll-free travel on the Thruway by trucks involved in the purchasing, handling, or selling of milk.

~A.2291 (Walsh) – Allows the maximum speed limit on State highways to be established lower or higher than the 55 MPH statutory limit pursuant to an engineering and/or traffic investigation authorized or performed by DOT or the affected municipality.

~A.8145 (Pirozzolo) – Requires the registration with the Department of Motor Vehicles of electric personal mobility devices, including e-bikes, e-scooters, and e-skateboards that can achieve at least 20 MPH while using motorized power.

~A.8169 (Pirozzolo) – Directs the Commissioner of Motor Vehicles to require a $200 registration fee for each non-commercial electric vehicle, and $400 for each commercial electric vehicle registered in the State, with revenues to be used for safety programs related to electric vehicle fires and for highway and bridge infrastructure.

~A.8461-A (Gallahan) – Creates a series of distinctive license plates for law enforcement officers wounded in the line of duty.

~A.8841 (Smith) – Regulates the purchase and sale of catalytic converters; permits only licensed or regulated scrap metal dealers, vehicle dealers, vehicle dismantlers, or repair shops to possess, purchase, or sell catalytic converters; and makes unlawful possession of a used, detached catalytic converter with intent to sell a class E felony.

Week In Focus

• The Assembly passed a Resolution (K.2243) memorializing the Governor to proclaim May 22, 2024, as New York State Assembly Legislative Disabilities Awareness Day.

• The Assembly passed the following list of “Disability Awareness” bills A.1200, A.1577-A, A.5815-B, A.6397-A, A.6541, and A.9553-A.