Thursday, June 9, 2022

NY State Bills Passed In 2022


In 2022, the following Bills passed both the New York Assembly and Senate, and await the Governor's Signature:

S.89B - Establishing New Crimes of Mass Harm: Establishes the crime of making a threat of mass harm and aggravated threat of mass harm. This legislation clearly defines the criminality of those threats.

S.118 - Preventing Electronic Interference: Establishes the misdemeanor of interfering in the election process by electronic means.

S.253A – Counting Ballots where the Express intent of the Voter is Unambiguous.

S.263 - Mandatory Training Curriculum: Requires the State Board of Elections to develop a mandatory training curriculum for election commissioners and key staff of boards of elections.

S.284C – “Wrong Church” Ballot Problem fixed, counting affidavit ballots of eligible voters if a voter appears at a polling place in the correct county and Assembly district but in the incorrect election district.

S.424A - Splitting Shifts Among Inspectors and Clerks: Allows poll clerks to work split shifts with adjusted compensation to reflect the reduced hours worked.

S.470 - Study of the Impact of Limited Service Pregnancy Centers: Directs the Commissioner of Health to assemble a temporary taskforce to study and issue a report examining the unmet health and resource needs facing pregnant people in New York State and the impact of limited service pregnancy centers on the access and quality of care pregnant people receive.

S.823A - Pay Raise for Election Inspectors: Increases compensation of election inspectors to $300 and coordinators to $350 in New York City. It also sets minimum pay rate of $300 per day and increases pay for training sessions from $25 to $50.

S.1032 - Act to Penalize Voter Deception and Suppression: Prohibits deceptive practices and the suppression of voters, and increases penalties for those who deceive voters or threaten their right to vote.

S.1046E – The John R. Lewis Voting Rights Act of New York, now the Strongest Voting Rights Act in the Country, including Preclearance of Voting Changes by the Secreatary of State's approval of Local Counties under the order.

S.1130 - Puppy Mill Sales Ban: Prohibits the sale of dogs, cats, and rabbits by retail pet shops. By creating a barrier against the puppy mill supply chain, the bill encourages pet shops to partner with local animal shelters to showcase animals available for adoption.

S.1289B - Veterinarian Drug Information: Requires veterinarians to provide more information to animal owners regarding the drugs dispensed to an animal. Such information includes the name and description of the drug, the directions for use, actions to be taken in the event of a missed dose, instructions for proper storage, any common reasonably anticipated adverse effects associated with the use of such drug, and manufacturer precautions and relevant warnings.

S.1656A - Ban On Incentivized Movements Within The State: Prohibits industrial development agencies from incentivizing movements within the state where any plant, facility, or personnel of the project occupant are abandoned or removed.

S.1851A – Relates to State Party Names: Pprohibits a state party from using the word "Independent" or "Independence" in its name.

S.3081A - Price-Gouging For Medicine: prohibits selling a drug subject to a shortage for an unconscionably excessive price. The bill adds medicine to the list of goods and services that can be classified as possibly being subject to price gouging. The classification of medicines falling under this section of law will be determined by the publicly reported drug shortages reported by the U.S. Food and Drug Administration.

S.3855A – Authorizes registration records of victims of sexual violence to be kept confidential in certain cases.

S.4116A - Act to Microstamp Ammunition: Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition.

S.4511A - Reporting Hateful Social Media: Requires social media networks to provide and maintain mechanisms for reporting hateful conduct on their platform.

S.4542A - Prohibiting Conflicts of Interest: Prohibits conflicts of interest among board of elections employees by preventing a board of elections employee from remaining on the board of elections payroll while also running for office with an election overseen by the board at which they are employed.

S.4620C - Patient RX Information and Choice Expansion Act (PRICE Act): Requires health plans to furnish in real-time cost, benefit, and coverage data to the enrollee, his or her health care provider, or the third-party of his or her choosing.

S.4839B - Ban On Manufacture and Sale of Animal Tested Cosmetics: Prohibits the sale of cosmetics that have been tested on animals. The sale or manufacture of such products will be punishable by a fine amounting up to but no more than $5,000 for the first violation, and no more than $1,000 per day if the offense continues.

S.4856 - Thirty-Day Supply For State Disaster Emergencies: Requires policies and contracts that provide coverage for prescription drugs to include coverage of an immediate additional thirty-day supply of a prescription drug during a state disaster emergency.

S.4970A - Strengthening Background Checks: Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun and ammunition sales to individuals with a criminal record. Additionally, the bill requires firearms recovered by law enforcement to be reported to the criminal gun clearinghouse within 24 hours.

S.5299A - Third-Party Payments For Co-Pays: Requires any third-party payments, financial assistance, discount, voucher or other price reduction instrument for out-of-pocket expenses made on behalf of an insured individual for the cost of prescription drugs to be applied to the insured's deductible, copayment, coinsurance, out-of-pocket maximum, or any other cost-sharing requirement when calculating such insured individual's overall contribution to any out-of-pocket maximum or any cost-sharing requirement.

S.5356 - Cost Comparison For Consultant Services: Sets forth conditions when an agency shall enter into a contract for consultant services. The bill requires agencies to conduct a cost comparison prior to entering into a contract for consultant services to determine if there is a less expensive alternative.

S.5676 - Early Intervention Program: Requires the Department of Health to conduct a rate adequacy review and submit a report on the findings and recommendations within one year. The review must include an assessment of the existing payment methodologies and levels, recommendations for maintaining or changing the methodologies, the projected number of children who will need early intervention services over the next five years, and the workforce needed to provide services to all of those children.

S.5800B - Model Poll Worker Training Program: Requires the State Board of Elections to establish a poll worker training curriculum and a "train-the-trainer" program that emphasizes professionalism, confidence, and comfort in serving a diverse electorate.

S.5909 - Prohibits the Application of Fail-First or Step Therapy Protocols: Prohibits the application of fail-first or step therapy protocols to coverage for the diagnosis and treatment of mental health conditions.

S.6195-B - Individuals With A Developmental Disability: Modernizes various sections of the Social Services Law to eliminate derogatory language referring to people living with intellectual or developmental disabilities. It will replace instances of the term "mentally retarded" with the term "individuals with developmental disabilities."

S.6226E - Reforming the NYC Board of Elections: Reforms the New York City Board of Elections by reducing its size and delegating more authority to an Executive Director who will be chosen following a nationwide search. The bill also requires the NYCBOE to develop personnel policies with the City’s Department of Citywide Administrative Services in order to ensure that staff hired and promoted by the NYCBOE are qualified.

S.6300-C - Disability Educational Awareness Program: Establishes a public awareness program that combats the discrimination, stigma, and stereotyping individuals with intellectual and developmental disabilities in New York.

S.6684A - Full Time Employee Minimums: Requires every board of elections to employ a minimum of four full time employees and two additional employees for every twenty thousand active registered voters above forty thousand active registered voters.

S.6809A - Restoration of Comptroller Review Over Contracts: Restores the Office of the State Comptroller's oversight for certain state contracts. Some of these contracts include OGS centralized contracts that exceed $85,000, as well as purchase orders and other procurement transactions issued under such centralized contracts, as well as certain SUNY contracts.

S.6901B – Includes individuals who do not identify exclusively as a binary gender in eligibility for party positions.

S.7107-B - Supported Decision-Making: Adds a new article to the Mental Hygiene Law, legally recognizing Supported Decision-Making Agreements allowing for decision-making support to be formalized by individuals in need of assistance in making decisions for themselves. This bill will promote self-autonomy and self-determination for people with disabilities as a less restrictive alternative to guardianship.

S.7337 - New York State Public Authorities Control Board Voting: Restores the PACB’s independence from the Governor. It will repeal changes to the PACB statute enacted by demand of the former Governor in 2019.

S.7382A - Supporting Voters While In Line: Allows for the distribution of snacks and refreshments to those waiting in line to vote.

S.7442 - Prohibit Commissioners from Holding Office: Prohibits election commissioners and deputy commissioners from holding a publicly elected office.

S.7548-A - Parental Same-Day Notification: Requires same-day notification of a parent or person in parental relation of a student with a disability where certain behavioral interventions are used.

S.7565B – Extends Voting by Absentee Ballot where there is a Risk of Contracting or Spreading a Disease that may cause Illness to the Voter or to other Members of the Public.

S.7662 - Civil Service Employment Accessibility: Enhances access to employment opportunities in the civil service by requiring open positions, examination announcements, and application instructions be posted on a publicly accessible website maintained by the department of civil service.

S.7866-A - Continuing Individualized Education Program: Allows students enrolled in an individualized education program during certain school years to continue to receive educational services until the student completes the services pursuant to the individualized education program or turns 23, whichever is sooner.

S.8202 - Establishing the New York Voting and Elections Database: Regulates public data maintained by county and city boards of elections and establishes the New York voting and elections database and institute to maintain a statewide database of voting and election data.

S.8289 - Appointment Requirements: Requires the legislative body responsible for appointing election commissioners to hold a public hearing before commissioners can be appointed.

S.8292 - Requirements for Commissioner Qualifications: Requires a Board of Elections commissioner to meet certain qualifications set by the State Board of Elections before his or her appointment. S.8311 - Make Commissioners Full-Time Board Employees: Requires election commissioners to be full-time employees of each county’s Boards of Elections.

S.8315A -Insurance Discrimination by Dog Breed: Bars insurance companies from excluding, limiting, restricting, or reducing coverage on an insurance policy for homeowners’ based on the breed of dog they own.

S.8337 - Removal of Commissioners: Allows the State Board of Elections to the remove a local election commissioner an affirmative majority vote of duly confirmed commissioners of the state board of elections for incompetence, misconduct, or other good cause, provided that prior to removal, such election commissioner is given a written copy of the charges against them and have an opportunity to be heard in their defense.

S.8419A - Empire State Development Transparency: Requires the Empire State Development to publicly post the listing of community advisory committee members, and community advisory committee meeting agendas, materials, and minutes, on the corporation's website.

S.8442 - One Hundred-Twenty Day Application Completion: Ensures that applications for eligibility determinations and service authorizations are processed in a timely manner. Specifically, except in a case where the application is not reasonably clear, omits required information, or when there is a reasonable basis supported by specific information available for review by the office that such application was submitted fraudulently. The office must complete the application within 120 days of receipt of such applications transmitted via the internet or email.

S.8465 - Substitution Of Biosimilar Medications: makes the existing tmporary law a permanent law that allows Pharmacists to substitute Biosimilar medications under certain conditions.

S.8945 - Electronic Formats For College Students With Disabilities: Extends the law that provides college students with disabilities with electronic formats of printed instructional materials.

S.9039A - Freedom from Interference with Reproductive Health Advocacy and Travel Exercise: Protects the rights of individuals seeking abortion care or gender affirming care in New York State. This legislation also creates a civil cause of action for unlawful interference with the protected rights to reproductive healthcare.

S.9077 - Extradition and Discovery Non-Cooperation: Forbids New York State from cooperating with out-of-state legal cases involving abortion except in limited circumstances.

S.9079A - Prohibiting Medical Misconduct Charges for Performing Reproductive Health Care: Prohibits professional misconduct charges against licensed medical professionals for providing legal abortion and reproductive health services to patients who reside in states where such services are illegal.

S.9080B - Protection of Malpractice Coverage: Prohibits medical malpractice insurers from taking adverse action against a healthcare provider in New York State for performing legal healthcare reproductive services, protecting providers and ensuring that people can safely access abortion and related services in New York State.

S.9113A - Bolstering Extreme Risk Protection Orders: Authorizes certain health care providers to apply for an extreme risk protection order against a patient. The bill also requires police and district attorneys to apply for an extreme risk protection order if there is probable cause that a person poses a threat.

S.9229A - Penalizing Large Capacity Ammo and Feeding Devices: Adjusts the definition of large capacity ammunition feeding device for purposes of the offense of criminal possession of a weapon in the third degree; and repeals section 265.36 of the penal law.

S.9384A - Address Confidentiality Program: Expands the eligibility of the Address Confidentiality Program to include reproductive health care services providers, employees, volunteers, patients, or immediate family members of reproductive health care services providers.

S.9407B - Act to Regulate Body Armor: Prohibits the unlawful purchase and the unlawful sale or delivery of a body vest.

S.9456 - Improving the Definition of Firearm: Adds to the definition of a firearm; provides that the term firearm shall also include any other weapon that is not otherwise defined containing any component that provides housing or a structure designed to hold or integrate any fire control component that is designed to or may readily be converted to expel a projectile by action of explosive.

S.9458 - Permit to Purchase a Semi-Automatic Rifle: Establishes a permit to purchase or take possession of semiautomatic rifles without affecting currently-owned semi-automatic rifles. Permits are only available to people over the age of 21, and require a safety course and background checks.

S.9465 - Task Force on Social Media and Violent Extremism: Creates a new Task Force on Social Media and Violent Extremism in the Attorney General's office to study and investigate the role of social media companies in promoting and facilitating violent extremism and domestic terrorism online.

S.02951 – Reduces the time for mailing and receipt of registration application to a constitutional minimum of 10 days.










NYC Wins When Everyone Can Vote! Michael H. Drucker


No comments: