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Writer's pictureNYS Assembly (R) Offices of Research and Public Policy

Albany Legislative Update - May 31, 2024



Floor News


Municipal Websites


• The Assembly passed a bill (A.2852-A) requiring all municipalities to maintain an official website with a “.gov” domain name that is accessible to the public and regularly maintained (vote: 96-49).


Reordering How Candidates Appear on a Ballot


• The Assembly and Senate passed a bill (A.725) that modifies the order in which candidates must appear on a ballot, stipulating that federal, statewide, and State offices must appear before other partisan or judicial offices (vote: 96-48).


Exempting Attorneys from Poll Watcher Residential Requirements


• The Assembly and Senate passed a bill (A.530-A) that allows attorneys residing within the State to serve as poll watchers in any city or county within the State, thereby exempting such attorneys from the requirement that each poll watcher be a qualified voter of the city or county he or she is to serve (vote: 98-49).


Customer Utility Bill Complaint Handling Procedures and Penalties


• The Assembly and Senate passed a bill (A.1745-A) changing customer bill complaint handling procedures involving the Public Service Commission (PSC), as well as utilities and municipalities providing gas, electric, and steam service. Imposes the following penalties against all utilities and municipalities that do not report back to their customers in a timely manner: $100/business per day beyond 15 days for utilities or $25/business per day beyond 30 days for municipalities (vote: 96-48).


Committee News


Science and Technology


• Despite unanimous Republican support, the Science and Technology Committee blocked a bill (A.9181, Blumencranz) enacting the “Swift Act,” which requires social media platforms to investigate and remove, if found credible, reports of unlawful publications of intimate images. This bill also increases the level of offense for unlawful dissemination or publication of an intimate image from a class A misdemeanor to a class E felony.


Correction


• The Correction Committee reported the following bills:

~A.2164-A – Requires State agencies charged with the operation and management of State prisons and youth residential placement or detention centers to provide persons confined in such facilities with voice communication services free of charge to the person initiating and the person receiving the communication.

▪ This bill was reported to Ways and Means.

~A.3483-B – Enumerates the rights of a breastfeeding person confined in a State or local correctional facility. Lists the equipment/services a facility must provide to a breastfeeding parent. Requires extensive data to be compiled by the Department of Corrections and Community Supervision (DOCCS) and the State Commission of Correction (SCOC). Requires DOCCS and sheriffs to provide annual training for all correctional, civilian, and volunteer personnel involved in transportation, supervision, or care of pregnant people or a breastfeeding parent and child in a correctional facility.

▪ This bill was reported to Ways and Means.


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

~A.5709-A – Increases the membership of the State Commission of Correction (SCOC) from three to nine persons. Removes the requirement that all members be appointed by the

Governor with the advice and consent of the Senate. Retains the Governor’s authority to

appoint three members but allows the Speaker of the Assembly, the Temporary President of

the Senate, and the private Correctional Association to each appoint two members. Removes

the Governor’s authority to remove any member for cause, instead giving removal power to

whomever appointed the member.

▪ This bill was reported to Ways and Means.

~A.7261 – Grants the Correctional Association of New York (CANY) the power to regularly visit (unannounced), inspect, and examine certain facilities operated, maintained, or certified by the Office of Children and Family Services (OCFS). Requires Prisoners’ Legal Services (PLS) to establish a confidential, toll-free hotline for youths placed in these facilities to report complaints and authorizes PLS to provide legal representation to these youths.

▪ This bill was reported to Ways and Means.

~A.2155-A – Repeals provisions that permit the use of restraints (wrist restraints in front of the body) on a pregnant woman or a woman within eight weeks after delivery, after an individualized determination is made that restraints are necessary to prevent her from injuring herself, medical or correctional personnel, or others and that she cannot reasonably be restrained by other means, including the use of additional personnel. Removes provisions outlining requirements that expenses for accommodation, maintenance, and medical care be paid by the woman or her relatives or from any available funds of the State prison or local correctional facility, or if not available, from the State, county, city, or town where the court that committed the woman is located.

▪ This bill was reported to Rules.


Codes


• The Codes Committee reported the following bills:

~A.6146-B – Mandates that all public employees be provided with notice whenever their disciplinary records have been released to the public pursuant to a FOIL request.

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

~A.7717-B – Shields the identities of police officers involved in extreme risk protection order (ERPO) proceedings from the negative effects of being named in associated documentation by allowing the law enforcement agency that employs such a police officer to be named as the “petitioner” under the ERPO law.

▪ This bill was reported to Rules.

~A.9232-B – Extends the time permitted to bring a wrongful death action and expands the list of damages that may be recovered and the list of persons who may bring such an action. This bill is commonly referred to as the Grieving Families Act.

▪ This bill was reported to Rules.

~A.10356 – Requires licensing officers to provide the following information to licensees (who shall attest to the receipt of) when issuing a firearm license: statewide resources and

information relating to child access prevention and firearm violence prevention as well as

related information on county and “local specific” laws and regulations.

▪ This bill was reported to Ways and Means.

~A.7555-A – Amends the General Business Law as it relates to the sale, manufacturing,

importing and marketing of firearms, component parts and ammunition (with violations being declared a public nuisance) by redefining the term “qualified product.” Current law’s

definition of “qualified product” applies to products “shipped or transported in interstate or

foreign commerce” which excludes “intrastate” commerce. The bill corrects this error so that it applies to commerce between places within New York State.

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


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

~A.6663-A – Specifies that any certificate as an instructor in small arms practice currently issued to individuals shall be valid through December 31, 2026. After that date, requires individuals certified as an instructor in small arms practice to seek recertification subject to standards and curriculum promulgated by the Division of Criminal Justice Services.

▪ This bill was reported to Rules.

~A.9122 – Provides that an accusatory instrument or supporting deposition consisting of factual allegations made by a deponent (i.e., witness, complainant/victim) in a language other than English is not sufficient unless it is accompanied by specified documentation that includes a sworn statement from an interpreter affirming the accuracy of the English

translation. (An identical bill was vetoed in 2023).

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


Governmental Operations


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

~A.7008 (Gandolfo) – Provides that upon failure to pass the State budget by April 1, the

Governor’s salary will be withheld until the budget passes.

~A.9096 (Tague) – Establishes a legislative childcare facility for use by members and staff of the Legislature to be located in a part of the Empire State Plaza complex containing legislative offices.

~A.9410 (Ra) – Specifies that any amendments by the Legislature to a redistricting plan

submitted by the Independent Redistricting Commission shall not affect more than two

percent of the population of any district contained in that plan.


Health


• Despite unanimous Republican opposition, the Health Committee reported a bill (A.7487-B), which requires the Department of Health, in conjunction with the Office of Addiction Services and Supports, to establish a program to provide drug-checking services to help individuals determine whether a drug or controlled substance contains contaminants, toxic substances, or hazardous compounds.

This bill was reported to Codes.


• Despite unanimous Republican support, the Health Committee blocked a bill (A.9412, Curran), which prohibits any fertilized human ovum or human embryo that exists outside a human uterus from being considered an unborn child, a minor child, a natural person, or any other term that connotes a human being for any purpose under State law.


Week In Focus


• On Wednesday, Assembly Republicans held a press conference to promote rural equity for schools, businesses, and communities in Upstate regions of New York State. To view, CLICK HERE



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