2018 CHAPTER LAWS
Chapter Laws of 2018 Legislative Bill Jackets
For complete legislative histories, call NY Legislative Service, Inc at (212) 962-2826.
For complete legislative histories, call NY Legislative Service, Inc at (212) 962-2826.
Repealed & adds §203 sub (g) ¶2, amends §214-a, Civil Practice Law & Rules; repealed §3, amends §4, Chapter of 2017 (as proposed in S. 6800 and A. 8516). Provides that where an action or claim is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, for the purposes of sections fifty-e and fifty-i of the general municipal law, section ten of the court of claims act, and the provisions of any other law pertaining to the commencement of an action or special proceeding, or to the filing of a notice of claim as a condition precedent to commencement of an action or special proceeding within a specified time period, the time in which to commence an action or special proceeding or to file a notice of claim shall not begin to run until the later of either (i) when the person knows or reasonably should have known of such alleged negligent act or omission causing injury, provided, that such action shall be commenced no later than seven years from such alleged negligent act or omission, or (ii) the date of the last treatment where there is continuous treatment for such injury, illness or condition.
Jones (Governor Program # 16)
02/23/18 signed with Press Release
Adds Part P §9-a, Chapter 54 of 2016. Relates to administering local programs to repair or replace mobile or manufactured homes damaged as a result of ice jam flooding.
Amends §4-117, Election Law. Requires that a primary will not be held on the first Tuesday after the first Monday in September; any written communication to voters by mail shall contain a conspicuous notice in all capital letters and bold font notifying the voter of the primary date change; moves the date of the 2018 fall primary to Thursday, September 13.
Amends §1399-bb, Public Health Law. Relates to prohibiting the distribution without charge of electronic cigarettes to minors; requires such distribution be made only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution indicating that the individual is at least eighteen years of age.
Relates to permitting a retroactive property tax exemption to Ohr Heameth the American Society for Torah Education in Latin America for the 2015-2016 assessment roll for the 2016 general taxes and the 2016-2017 assessment roll for the 2016-2017 school taxes and 2017 general taxes.
Amends §4, Chapter 271 of 2017 (as proposed in S.3165-B and A.2115-B). Removes the cardiopulmonary resuscitation report requirement for the division of state police.
Amends §342-ddd, Highway Law (as proposed in 2017 Chapter 282 or S.4473-A and A.3910-A). Relates to designating a portion of the state highway system in the town of Hancock, county of Delaware as the "SSG Justin R. Whiting Memorial Bridge"; updates the New York state bridge number.
Amends §342-ddd, Highway Law (as proposed in 2017 Chapter 283 or S.4475-A and A.3913-A). Relates to the Lt. Cameron N. Hall Memorial Bridge; corrects the New York state bridge number.
Amends §519-a, Not-for-Profit Corporation Law; amends §727, Business Corporation Law (as proposed in 2017 Chapter 305 or S.6652-A and A.8261-A). Clarifies the types of condominiums and cooperative housing corporations that shall submit annual reports for certain transactions.
Amends §6505-b, Education Law; amends §239, Public Health Law (as proposed in 2017 Chapter 347 or S.4971-A and A.6053-A). Relates to a sepsis awareness, prevention and education program and requires that such program shall include information on infections that could lead to sepsis.
Amends §54, Workers' Compensation Law. Relates to conditional renewal notices to policyholders; provides that a contract of insurance shall remain in full force and effect subject to the same rates as the expiring contract of insurance rates; makes related provisions.
Amends §§1 - 6, Chapter 481 of 2017 (as proposed in S.233-A and A.5769-A). Establishes a temporary state taskforce to examine, evaluate and make recommendations concerning child abuse and neglect prevention efforts in the state with the goal of preventing child removals, lowering foster care placements and increasing family reunification.
Amends §402, Public Housing Law (as proposed in 2017 Chapter 484 or S.2720 and A.4818). Grants tenants with a physically disabling condition that affects their mobility a preference in occupying a vacant dwelling unit on a lower floor in the same or in a different project operated by the New York city housing authority, based on the tenant's choice.
Amends §606, Tax Law; amends §2, Chapter 485 of 2017 (as proposed in S.2889 and A.4650). Expands property tax credits for farmers to include a trustee or a trust established by the taxpayer and rented to a member of the taxpayer's immediate family where, under the terms of the trust, the title to the property shall pass to such family member upon the death of the taxpayer.
Amends §3420, Insurance Law. Relates to the rights of the first named insured on a commercial risk insurance policy.
Amends §242, Military Law; amends §2, Chapter 406 of 2017. Relates to paid leave for certain employees; amends a chapter of the laws of the laws of 2017, in relation to the effectiveness thereof.
Amends §§1 - 3, Chapter 409 of 2017 (as proposed in A.834-B and S.3567-B). Directs the director of classification and compensation of the department of civil service to study and publish a report on nurse practitioners.
Amends §§1 - 3, Chapter 492 of 2017 (as proposed in S.5754-A and A.7562-A). Relates to lead paint remediation reporting for the metropolitan transportation authority's and the New York city transit authority's aboveground transit infrastructure.
Amends §311, NYC Charter (as proposed in 2017 Chapter 504 or S.6513-B and A.8508-A). Relates to opportunities in the city of New York for minority and women-owned business enterprises.
Amends §1373, Public Health Law (as proposed in 2017 Chapter 411 or S.1200-A and A.1809-A). Allows the commissioner of health to act when areas of lead poisoning are designated as they deem appropriate.
Amends §13-0331, Environmental Conservation Law (as proposed in 2017 Chapter 447 or A.8184-A and S.6682). Changes the department of environmental conservation's requirements from cooperating with municipalities to consulting with municipalities regarding harvest closure of crabs.
Amends §102-a, State Administrative Procedure Act; amends §2, Chapter 462 of 2017 (as proposed in S.1643 and A.5779). Relates to providing information on the prevention of common regulatory violations in small business regulation guides, and to the effectiveness of provisions relating thereto.
Repealed §2, amends §3, renumbers §4 to be §3, Chapter 441 of 2017 (as proposed in S.6161-A and A.684-A). Relates to directing the department of financial services to submit a report concerning licensure, limits on fees and interest and disclosure practices of businesses engaged in pension loan advancements on or before January 1, 2019.
Amends §3, Chapter 405 of 2017 (as proposed in S.1853 and A.6038). Relates to the effectiveness of provisions relating to public listings of not-for-profit corporations; changes effective date to January 1, 2019.
Amends §§837-e & 837-f-2, Executive Law (as proposed in 2017 Chapter 423 or S.6739 and A.8286-B). Requires the transmission of reports of missing persons to the National Missing and Unidentified Persons System within thirty days when such person may be at immediate risk of death or injury or a match to a record maintained in the NamUs database or within one hundred eighty days in any other case.
Amends §259-l, Executive Law (as proposed in 2017 Chapter 476 or S.5494-A and A.6353-B). Requires that an inmate who has appeared before the board of parole prior to having completed any program required by the department of corrections and community supervision, and has been denied release, shall be placed into the required program.
Amends §§603-a & 1194, Vehicle and Traffic Law; amends §3, Chapter 489 of 2017 (as proposed in S.5562-A and A.7572). Mandates testing in the event of a motor vehicle collision resulting in injury or death.
Amends §§736 & 738, adds §741-b, General Business Law; amends §415, Vehicle and Traffic Law; adds §9-a, Chapter 477 of 2017 (as proposed in S.5380-B and A.6884-B). Requires automobile brokers to be licensed; clarifies the role of manufacturers and distributors.
Amends §103-a, State Technology Law (as proposed in 2017 Chapter 427 or S.1121-A and A.1713-A). Requires the director's guidelines not contravene any provision of the state finance law and the directors report be submitted every January first beginning in twenty nineteen.
Amends §139, Economic Development Law; amends §2, Chapter 435 of 2017 (as proposed in S.5349-A and A.8179). Relates to the composition of an advisory panel on employee-owned enterprises within the division of small business services; changes the composition of the panel by adding one member to be appointed by the governor; moves report date to June thirtieth, 2019.
Amends §387, General Business Law (as proposed in 2017 Chapter 413 or S.587-A and A.5227-A). Relates to the frequency of inspections of articles of bedding.
Repealed §4402 sub 9, Education Law (as proposed in 2017 Chapter 410 or S.4729-A and A.1595-A); amends §3204, Education Law. Relates to allowing all students to participate in a high school graduation ceremony; requires any school board of education to develop policies and procedures to allow all students to participate in a high school graduation ceremony.
Amends §390-k Social Services Law; amends §2, Chapter 493 of 2017 (as proposed in S.5929-A and A.7726-A). Establishes a child care availability taskforce to evaluate the need for and availability of child care throughout the state.
Repealed §2 subs 39 & 40, amends §§483-h & 17, Social Services Law; amends §305, Education Law (as proposed in 2017 Chapter 424 or S.683 and A.2183). Relates to establishing an internet mapping resource of child care providers and afterschool programs; relates to administration of afterschool programs.
Amends §50, Civil Service Law; amends §2, Chapter 404 of 2017 (as proposed in S.946-A and A.1105-B). Provides a definition for the terms veteran and armed forces; amends the effectiveness thereof.
Repealed §111-b, amends §111-a, Agriculture and Markets Law; amends §3, Chapter 470 of 2017 (as proposed in S.4570-A and A.1839-B). Relates to establishing microchipping standards, registration of microchips and the examination of seized animals; provides for the expiration of an advisory committee on microchipping.
Amends §1, Chapter 497 of 2017 (as proposed in S.6565 and A.6801-A). Convenes a working group to examine the need for standards for the designation of therapy dogs.
Amends §220-b, Labor Law (as proposed in 2017 Chapter 461 or S.6790 and A.8514). Relates to reciprocity of debarments imposed under the federal Davis-Bacon Act; bars a substantially owned-affiliated entity from submitting a bid or being awarded any public work contract in the state.
Amends §181, General Business Law; amends §37.03, Arts & Cultural Affairs Law (as proposed in 2017 Chapter 496 or S.6369-A and A.8257-A). Amends a chapter of 2017 amending the general business law and the arts and cultural affairs law relating to certain contracts, in relation to certain theatre and entertainment contracts.
Amends §21, Labor Law; amends §2, Chapter 458 of 2017 (as proposed in S.3789 and A.1956). Relates to general powers and duties of the commissioner of labor, in relation to the effectiveness thereof.
Amends Part E §7, Chapter 57 of 2017 (as proposed in S.5544 and A.7216). Relates to the effectiveness of an amendment to an effective date.
Repealed Article 19, Public Health Law (as proposed in 2017 Chapter 471 or S.3295 & A.1982); adds Article 28-F §§491 - 493, General Business Law. Enacts the Crohn's and colitis fairness act.
Amends §236-b, Public Health Law (as proposed in 2017 Chapter 419 or S.4741 and A.7203). Relates to the appointment of members of the rural health council by the governor and requires the health council to make certain recommendations to the department of health.
Amends §259-i, Executive Law (as proposed in 2017 Chapter 412 or A.3053 and S.3982). Requires board of parole administrative appeal findings and recommendations to be published on a website with a word-searchable database and provided to correctional facility law libraries on a quarterly basis.
Amends Article 5-F, Economic Development Law (as proposed in 2017 Chapter 460 o9r S.6694 and A.8161-A). Relates to the administration of a senior tourism attractions program; defines senior as persons sixty years of age or older.
Amends §2508, Public Health Law. Creates a newborn health and safe sleep study to be conducted before the implementation of a pilot program for the same.
Amends §89, Public Officers Law. Provides that each state agency that maintains a website shall ensure its website provides for online submission of requests for records subject to FOIL.
Amends §219-d, General Municipal Law (as proposed in S. 899 and A. 6873). Relates to amendments to the granting of certain service awards.
Amends §7, Civil Service Law (as proposed in S. 5811-A and A. 7634-A). Relates to requiring the president of the civil service commission, with the assistance of information technology services as needed, to prepare and deliver a triennial report relating to current programs within each state agency that allow for alternative work schedules or flexible work hours beginning September two thousand eighteen.
04/12/18 SIGNED CHAP.50
04/12/18 LINE VETO MEMO.4
04/12/18 THRU LINE VETO MEMO.136
Makes appropriations for the support of government - State Operations Budget.
04/12/18 SIGNED CHAP.51
Makes appropriations for the support of government - Legislature and Judiciary Budget.
04/13/18 signed chap.52
Makes appropriations for the support of government - State Debt Service Budget.
04/12/18 SIGNED CHAP.53
04/12/18 LINE VETO MEMO.153
04/12/18 THRU LINE VETO MEMO.243
Makes appropriations for the support of government - Aid To Localities Budget.
04/12/18 SIGNED CHAP.54
04/12/18 LINE VETO MEMO.244
04/12/18 THRU LINE VETO MEMO.262
Makes appropriations for the support of government - Capital Projects Budget.
04/13/18 signed chap.55
Amends Various Laws, generally.
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2018-2019 state fiscal year; relates to pre-criminal proceeding settlements in the city of New York (Part F); relates to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part M); establishes the armory rental account fund; and relates to the effectiveness of certain provisions relating to military funds of the organized militia (Part O); relates to the effectiveness of certain provisions relating to the extension of the state commission on the restoration of the capitol (Part T); establishes the parking services fund, the solid waste fund, and the special events fund (Part V); creates the New York state secure choice savings program act (Part X); establishes that "municipalities" shall include towns created on or before December thirty-first, two thousand seventeen (Part CC); relates to the election of one or more town justices for two or more towns (Part DD); creates county-wide shared services panels in each county consisting of the county CEO and one representative from each city, town, and village in such county (Part EE); relates to the town of Islip resource recovery agency (Part FF); establishes incapacity to consent when a person is under arrest, in detention, or otherwise in actual custody (Part JJ); authorizes the dormitory authority to construct and finance certain juvenile detention facilities (Part LL); relates to plans for representation of persons accused of a crime or certain parties in family court or surrogate's court (Part MM); establishes the crimes of coercion in the second and third degree (Part NN); establishes the New York state 2020 complete count commission and provides for its power and duties (Part OO).
04/13/18 signed chap.56
Amend Various Laws, generally.
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2018-2019 state fiscal year; prohibits meal shaming in public school districts, charter schools and non-public schools; requires a school or school district to contact the parent or guardian to offer assistance with a meal application; further requires a clear explanation of the procedure to handle unpaid meal charges; makes related provisions (Part B); relates to participation in recovery high school programs (Part D); relates to extending the close to home (CTH) initiative and juvenile justice reforms an additional five years and repeals provisions of law relating to CTH funding and reimbursement (Part G); relates to consolidating the youth development and delinquency prevention program and the special delinquency prevention program (Part I); relates to extending the effectiveness of the authorization of the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services (Part J); adds the office of children and family services to the list of entities to whom the dormitory authority of the state of New York (DASNY) is authorized to provide capital design and construction services (Part K); repeals certain provisions of law relating to calculating charge back rates by the state university of New York and the city university of New York (Part P); relates to providing feminine hygiene products in public schools (Part Q); relates to a working group to develop computer science standards for grades K through 12 (Part R); establishes that to the extent that physician appointees are available for appointment, at least one of the physician appointees to the state board for medicine shall be an expert on reducing health disparities among demographic subgroups, and one shall be an expert on women's health (Part S); relates to eligibility for and the amount of excelsior scholarships (Part T); requires regulations to permit tuition waivers for certain firefighters and fire officers for CUNY; repealer (Part U); relates to the foster youth college success initiative, permits moneys to be spent providing supplemental housing and meals for foster youth not currently enrolled in a post-secondary opportunity program at the state university for New York (Part V); relates to enhanced tuition awards (Part W); establishes the residential emergency services to offer home repairs to the elderly program; provides that all repairs must be completed withing sixty business days of the start of repairs, provided, however, that the commissioner grant the eligible applicant additional time for good cause (Part X); provides financial assistance to eligible applicants for adapting or retrofitting eligible properties to improve disabled veteran access (Part Y); establishes the SUNY Stony Brook Eastern Long Island Hospital Affiliation escrow fund (Part Z); establishes the New York state teacher loan forgiveness program to provide grants to teachers having education loans and who agree to teach in the state in a shortage subject area or a hard to staff school district (Part AA); relates to the New York state science, technology, engineering and mathematics incentive program (Part BB); relates to the education of children in foster care (Part CC); and relates to an income savings plan for the city of New York; extends provisions relating thereto (Part DD).
Budget # 8
04/12/18 SIGNED CHAP.57
Amend Various Laws, generally.
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2018-2019 state fiscal year; relates to distributions from the general hospital indigent care pool; directs a review of the feasibility of creating a burn center in Kings county; and relates to rates of reimbursement for certain residential health care facilities (Part A); relates to payments to residential health care facilities; relates to assisted living program providers licensed in the state; relates to limitations on licensed home care service agency contracts and registration of licensed home care services agencies; relates to advertising by fiscal intermediaries; and relates to medicaid reimbursement rates for hospice providers (Part B); relates to health homes and penalties for managed care providers (Part C); relates to drug coverage, updating the professional dispensing fee, copayments, and amends the Medicaid drug cap (Part D); requires a report on monies collected under the false claims act detailing what monies were collected and how such monies were spent (Part J); relates to home care services, direct care costs, and medicaid expenditures; and extends the medicaid global cap (Part K); relates to extending provisions relating to coverage for malpractice and professional medical conduct (Part M); establishes a cost of living adjustment for designated human services and provides for the repeal of certain provisions of law relating thereto (Part N); relates to the health care facility transformation program (Part Q); relates to integrated services (Subpart B); relates to telehealth services (Subpart C) (Part S); relates to the effectiveness of provisions of law relating to authorizing the commissioner of health to apply federally established consumer price index penalties for generic drugs, and authorizing the commissioner of health to impose penalties on managed care plans for reporting late or incorrect encounter data; relates to the effectiveness of provisions of law relating to adjustments of rates; relates to the effectiveness of provisions of law relating to authorizing reimbursements for expenditures made by or on behalf of social services districts for medical assistance for needy persons and administration thereof; relates to the effectiveness of provisions relating to expanding medical assistance eligibility and the scope of services available to certain persons with disabilities; relates to rate of payments; relates to agreements with pharmaceutical manufacturers; relates to amending the social services law and other laws relating to supplemental rebates; and relates to participation and membership in a demonstration period (Part T); clarifies the authority of the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs; extender (Part U); relates to the membership of subcommittees for mental health of community service boards and the duties of such subcommittees and creating the community mental health and workforce reinvestment account relating to extending such provisions relating thereto (Part V); relates to the receipt of federal and state benefits received by individuals receiving care in facilities operated by an office of the department of mental hygiene; extender (Part X); relates to persons practicing in certain licensed programs or services who are exempt from practice requirements of professionals licensed by the department of education (Part Y); adds demonstration waivers to waivers allowable for home and community-based services; relates to waivers for high quality integrated care (Part Z); establishes a cost of living adjustment for designated human services programs; extender (Part AA); expands the list of controlled substances (Part BB); relates to inquiries or complaints of professional misconduct (Part CC); relates to authorizing a licensed pharmacist to administer influenza vaccine to children between two and eighteen years of age pursuant to a non-patient specific regimen; extends certain provisions of law relating thereto; provides reporting requirements for vaccines administered by pharmacists to individuals less than 19 years of age (Part DD); relates to insurance payments for independent practitioner services for individuals with developmental disabilities (Part EE); relates to establishing the office of the independent substance use disorder and mental health ombudsman for the purpose of assisting individuals with a substance use disorder and/or mental illness (Part FF); creates a certified peer recovery advocate services program (Part GG); ensures that sexual assault survivors are not billed for sexual assault forensic exams and are notified orally and in writing of the option to decline to provide private health insurance information and have the office of victim services reimburse the hospital for the exam; also provides that if such exam is covered by insurance, such coverage shall not be subject to annual deductibles or coinsurance; requires collection and storage of such evidence; relates to state-operated individualized residential alternatives; and relates to the closure or transfer of a state-operated individualized residential alternative (Part II); establishes a training program for first responders for handling emergency situations involving individuals with autism spectrum disorder and other developmental disabilities (Part JJ); requires bids submitted to the state or any agency or department of the state to contain a certification concerning sexual harassment (Subpart A); prohibits mandatory arbitration clauses (Subpart B); relates to reimbursement of funds paid by state agencies, state entities and public entities for the payment of awards adjudicated in sexual harassment claims (Subpart C); relates to nondisclosure agreements (Subpart D); establishes a model policy regarding the prevention of sexual harassment and a model training program to prevent sexual harassment in the workplace (Subpart E); relates to sexual harassment relating to non-employees (Subpart F) (Part KK); authorizes a voluntary public water system consolidation study (Part LL); relates to pharmacy audits by pharmacy benefit managers; relates to contracts between pharmacy benefit managers and pharmacies; relates to outpatient treatment; relates to establishing the children and recovering mothers program and a workgroup to study and evaluate barriers and challenges in identifying and treating expectant mothers, newborns and new parents with a substance use disorder; relates to screening students for lead when enrolling in child care, pre-school or kindergarten; relates to the lead service line replacement grant program; directs the New York state department of health to conduct a study of the high burden of asthma in the boroughs of Brooklyn and Manhattan in the city of New York; and relates to providing coverage for pasteurized donor human milk (PDHM) (Part MM); and enacts the opioid stewardship act; repealer (Part NN).
Budget # 9
04/13/18 signed chap.58
Amend Various Laws, generally.
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2018-2019 state fiscal year; enhances the ability of the state to enforce state and federal law relating to motor carriers, commercial drivers and bus operators (Part B); relates to enhancing the ability of the state to enforce state and federal law relating to the safety of rail fixed guideway public transportation systems under the oversight of the public transportation safety board (Part G); relates to the submission of reports relating to motor vehicles equipped with autonomous vehicle technology (Part H); relates to certain fines in the city of New York (Part N); extends certain provisions relating to the empire state economic development fund (Part O); relates to the powers of the New York state urban development corporation to make loans (Part R); extends the expiration date that permits the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service to March 31, 2019 (Part T); relates to brownfield opportunity areas (Part U); repeals provisions relating to the local share requirement for providers under the federal community services block grant program (Part V); prohibits denials, suspensions, or revocations of professional licenses for failure to pay student loans (Part W); relates to the effectiveness of provisions relating to the powers and duties of the dormitory authority (Part X); relates to extending provisions of law relating to transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation (Part Z); relates to the environmental protection fund, the hazardous waste remedial fund and the mitigation and remediation of solid waste sites (Part BB); relates to the Central Pine Barrens area and core preservation area (Part CC); authorizes utility and cable television assessments to provide funds to the department of health from cable television assessment revenues and to the departments of agriculture and markets, environmental conservation, office of parks, recreation and historic preservation, and state from utility assessment revenues (Part DD); relates to authorizing the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY programs, as well as the department of environmental conservation's climate change program and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part GG); relates to foreclosure upon a reverse mortgage (Part II); requires lactation rooms in certain public buildings (Part JJ); directs the department of state to analyze and report on the feasibility of installing adult changing stations in public buildings (Part KK); relates to standards requiring assembly group A occupancies and mercantile group M occupancies to have diaper changing stations available for use by both male and female occupants (Part LL) relates to performance standards for aid to soil and water conservation districts (Part MM); relates to retrofit technology for diesel-fueled vehicles (Part NN); relates to fees for certification of pesticide applicators (Part OO); relates to beverage container requirements (Part PP); relates to the effectiveness of the New York state health insurance continuation assistance demonstration project (Part QQ); creates the small business innovation research/small business technology transfer technical assistance program; and repeals section 3102-c of the public authorities law relating thereto (Part RR); establishes the community development revolving loan program (Part SS); relates to the financing and construction of facilities by the dormitory authority for any not-for-profit affiliates or members of Cerebral Palsy Associations of New York State, Inc. and any successor in interest to any such organization (Part TT); relates to capital expenses relating to project necessary for the completion of Hudson River Park (Part UU); authorizes the taxation of certain lands owned by the state in Bowman Lake State Park (Part VV).
Budget # 10
04/12/18 SIGNED CHAP.59
Amend Various Laws, generally.
Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2018-2019 state fiscal year; makes the STAR income verification program mandatory; relates to the calculation of income for basic STAR purposes; repeals subparagraphs (v) and (vi) of paragraph (b) of subdivision 4, paragraphs (b) and (c) of subdivision 5 and paragraph (c) of subdivision 6 of section 425 of the real property tax law relating to the school tax relief (STAR) exemption; and repeals section 171-o of the tax law relating to income verification for a city with a population of one million or more (Part B); makes technical corrections to various statutes impacting property taxes and repeals certain sections of law relating thereto (Part E); relates to assessment ceilings for local public utility mass real property, in relation to the effectiveness thereof (Part G); relates to the statute of limitations for assessing tax on amended tax returns (Part H); provides for employee wage reporting consistency between the department of taxation and finance and the department of labor by adjusting certain reporting periods (Part I); relates to sales and compensating use taxes imposed on food and beverages sold by restaurants and similar establishments, exempting sales for resale from such taxes (Part J); relates to sharing with the comptroller information regarding unwarranted fixed and final debt (Part K); relates to the definition of resident for tax purposes of the personal income tax (Part O); establishes that any reference to section 24 of the Internal revenue code shall be a reference to such section as it existed immediately prior to the enactment of Public Law-115-97 (Part P); extends the hire a veteran credit for an additional two years (Part Q); relates to the New York youth job program (Part R); relates to exempting from sales and use tax certain veterinary drugs and medicines and removing the refund/credit therefor (Part W); provides relief from sales tax liability for certain partners of a limited partnership and members of a limited liability company (Part X); relates to extending the revenue distribution provisions for the additional rates of sales and use tax of Genesee, Monroe, Onondaga and Orange counties (Part Z); relates to adjusting the franchise payment; establishes an advisory committee to review the structure, operations and funding of equine drug testing and research (Part EE); relates to the sums of pertaining to simulcast of out-of-state thoroughbred races, simulcasting of races run by out-of-state harness tracks and licenses for simulcast facilities (Part GG); relates to the commercial gaming revenue fund; and repeals subdivision 4 of section 97-nnnn of the state finance law relating to base year gaming revenue (Part HH); addresses changes made to the internal revenue code (Part JJ); relates to federal gross income and federal deductions allowed pursuant to the internal revenue code; and relates to the taxation of business corporations (Part KK); establishes the charitable gifts trust fund and the health charitable account, and the elementary and secondary education charitable account; relates to credits for contributions to accounts in the charitable gifts trust fund; authorizes school districts, counties and New York city to establish charitable funds; and authorizes such localities to provide a credit against real property taxes for such contributions (Part LL); establishes the employer compensation expense program (Part MM); relates to the New York Jockey Injury Compensation Fund, Inc.; creates a separate account for the horsemen's organization for the purposes of collateral to secure workers' compensation insurance coverage (Part NN); relates to the disposition of net revenue (Part OO); relates to the state low income housing credit (Part PP); extends certain tax rates (Part QQ); relates to the credit for rehabilitation of historical properties (Part RR); relates to the personal income tax on residents of the city of New York (Part SS); relates to capital awards to vendor tracks (Part TT); relates to the disposition of certain proceeds collected by the commissioner of motor vehicles, the disposition of certain fees and assessments, and certain funds; repeals subdivision 5 of section 317 of the vehicle and traffic law relating to certain assessments charged and collected by the commissioner of motor vehicles; repeals subdivision 6 of section 423-a of the vehicle and traffic law relating to funds collected by the department of motor vehicles from the sale of certain assets; and repeals subdivision 4 of section 94 of the transportation law relating to certain fees collected by the commissioner of transportation (Part UU); relates to funding of capital and operating costs related to projects in the MTA New York city subway action plan (Part VV); utilizes reserves in the mortgage insurance fund for various housing purposes; authorizes the homeless housing and assistance corporation with the office of temporary and disability assistance to administer the sum of two million dollars; further authorizes the state of New York municipal bond bank agency to provide the sum not to exceed nine million dollars to the city of Albany; increases the number of supreme court justices in judicial districts 9, 10, 11, 12 and 13 (Part XX); increases the standards of monthly need for aged, blind and disabled persons living in the community (Part YY); establishes a rental subsidy for public assistance recipients living with HIV/AIDS (Part ZZ); relates to funding local government entities from the urban development corporation (Part AAA); provides for the administration of certain funds and accounts related to the 2018-19 budget and authorizes certain payments and transfers; relates to payments, transfers and deposits; relates to funding project costs undertaken by non-public schools; relates to funding project costs for certain capital projects; relates to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds; relates to housing program bonds and notes; establishes the dedicated highway and bridge trust fund, in relation to the issuance of bonds; relates to the issuance of bonds by the dormitory authority; relates to issuance of bonds by the urban development corporation; relates to the issuance of bonds; relates to the state environmental infrastructure projects; increases the aggregate amount of bonds to be issued by the New York state urban development corporation; relates to financing of peace bridge and transportation capital projects; relates to dormitories at certain educational institutions other than state operated institutions and statutory or contract colleges under the jurisdiction of the state university of New York; relates to bonds and mental health facilities improvement notes; increases the bonding limit for certain public protection facilities; authorizes certain payments and transfers, in relation to the effectiveness thereof; increases the amount of authorized matching capital grants; increases the amount of bonds authorized to be issued; authorizes the issuance of bonds in relation to grants made to voluntary agencies; and provides for the repeal of certain provisions upon expiration thereof (Part BBB); relates to contracts for excellence and the apportionment of public moneys; relates to the reporting of teacher diversity; relates to teaching tolerance; relates to reporting requirements of school level funding; relates to supplemental public excess cost aid; relates to total foundation aid; relates to building aid; relates to full day kindergarten aid; relates to academic enhancement aid; relates to high tax aid; relates to universal pre-kindergarten aid; relates to the statewide universal full-day pre-kindergarten program; relates to state aid adjustments; relates to the teachers of tomorrow teacher recruitment and retention program; relates to class sizes for special classes containing certain students with disabilities; relates to reimbursements for the 2018-2019 school year; relates to withholding a portion of employment preparation education aid and relates to the effectiveness of provisions of law relating to funding a program for work force education conducted by the consortium for worker education in New York city; relates to employment preparation education programs; relates to the effectiveness of provisions of law relating to state aid to school districts and the appropriation of funds for the support of government; relates to the effectiveness of provisions of law relating to supplementary funding for dedicated programs for public school students in the East Ramapo central school district; relates to the effectiveness of provisions of law relating to conditional appointment of school district, charter school or BOCES employees; relates to the expiration of provisions of law relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; relates to the effectiveness of provisions relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; relates to the effectiveness of provisions relating to implementation of the No Child Left Behind Act of 2001; relates to the expiration to provisions relating to providing that standardized test scores shall not be included on a student's permanent record; relates to requiring the commissioner of education to include certain information in the official score report of all students; relates to school bus driver training; relates to special apportionment for salary expenses and public pension accruals; relates to sub-allocations of appropriations; relates to the city school district of the city of Rochester; relates to total foundation aid for the purpose of the development, maintenance or expansion of certain magnet schools or magnet school programs for the 2017-2018 school year; relates to the support of public libraries; relates to certain apportionments; and relates to transportation aid (Part CCC); relates to the utilization of reserves in the mortgage insurance fund for various housing purposes (Part DDD); relates to an online application system for taxpayers to submit claims for reimbursements of certain payments (Part EEE); relates to establishing the health care transformation fund (Subpart A); and authorizes the commissioner the health to redeploy excess reserves of certain not-for-profit managed care organizations (Subpart B) (Part FFF); extends expiration of payments to members of the assembly serving in a special capacity; extends provisions relating to the operation and administration of the assembly (Part GGG); establishes a compensation committee to determine the appropriate salaries for members of the legislature and certain state officials; repealer (Part HHH); amends chapter 59 of the laws of 2014, amending the tax law relating to a musical and theatrical production credit, in relation to extending the provisions thereof (Part III); establishes the "Democracy Protection Act" relating to disclosure of the identities of political committees making certain expenditures for political communications (Part JJJ); establishes the New York City Rikers Island Jail Complex Replacement act; and provides for the repeal of such provisions (Part KKK); establishes the New York city public housing authority modernization investment act; repealer (Part LLL); enacts the "New York Penn Station redevelopment act" (Part MMM); relates to transportation services; establishes the New York city transportation assistance fund and the supplemental revenue transparency program; relates to the installation of mobile bus lane photo devices on buses operating on certain rapid transit routes in the borough of Manhattan and the disposition of revenue from fines and penalties collected from the use of such stationary bus lane photo devices; establishes the metropolitan transportation sustainability advisory workgroup and provides for the repeal of such provision (Part NNN); relates to the minority and women-owned business enterprise program (Part OOO); establishes the "New York City housing authority emergency management act" and relates to the development and execution of a plan to remediate conditions affecting the health and safety of tenants of the New York city housing authority (Part PPP); establishes the New York city BQE Design Build Act (Part QQQ); relates to union dues and the duty of fair representation (Part RRR); relates to substantial equivalence for nonpublic elementary and secondary schools (Part SSS); relates to the possession of weapons by domestic violence offenders (Part TTT); and relates to the health care facility transformation program (Part UUU).
Governor Program # 19
04/12/18 SIGNED CHAP.60
Amends §§265.00 & 400.00, Penal Law; repealed §§370.15 & 380.97, adds §§370.15, 380.97 & 370.25, amend §530.14, Criminal Procedure Law; amends §842-a, Family Court Act. Relates to the possession of weapons by domestic violence offenders.
Amends §§2 & 3, Chapter 505 of 2017 (as proposed in S. 6593-A and A. 8260-A). Relates to directing the department of financial services to study, evaluate and make recommendations concerning online lending institutions.
Amends §2500-k, Public Health Law; amends §2, Chapter 463 of 2017 (as proposed in S. 4000 and A. 8308). Relates to maternal depression treatment; requires the department of health and office of mental health to provide information on their website regarding how to locate available providers who treat or provide support for maternal depression.
Amends §1973, Public Authorities Law (as proposed in S. 130-B and A. 4002-A). Amends the public authorities law relating to the appointment of members of the Battery Park city authority, in relation to the qualifications of members of the Battery Park city authority.
Amends §461-m, Social Services Law (as proposed in S. 787-A and A. 2702). Changes the requirements for reporting deaths and felony crimes in certain adult care facilities.
Amends §5, Chapter 396 of 2010. Extends the effectiveness of provisions of law relating to temporary retail permits issued by the state liquor authority; extends provisions from 2018 to 2019.
Amends §1202-aa, Tax Law. Extends occupancy tax in the city of White Plains to 2021.
Amends §2, Chapter 548 of 2004. Relates to tuition waivers for police officer students of CUNY.
Amends §3, Chapter 217 of 2015. Extends provisions of law relating to certified school psychologists and special education services and programs for preschool children with handicapping conditions to June 30, 2020.
Amends Chapter 192 of 2011. Relates to authorizing certain health care professionals licensed to practice in other jurisdictions to practice in this state in connection with an event sanctioned by New York Road Runners; extends the provisions thereof.
Amends Part X §41, Chapter 62 of 2003. Extends certain provisions of the general municipal law and the local finance law relating to electronic bidding.
GOLDEN (Office of Court Administration #77)
Relates to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system; appropriates funds therefor.
BONACIC (Office of Court Administration #98)
Relates to the terms and conditions of certain nonjudiciary officers and employees in the unified court system; appropriates money therefor.
06/25/18 signed chap.73
Relates to making an appropriation to pay Thomas M. Clark Jr., widower of the late Barbara M. Clark, member of the assembly from the thirty-third assembly district, the balance due of her unpaid annual compensation for a portion of the year 2016.
06/25/18 signed chap.74
Relates to making an appropriation to pay Jennifer Simanowitz, widow of the late Michael A. Simanowitz, member of the assembly from the twenty-seventh assembly district, the balance due of his unpaid annual compensation for a portion of the year 2017.
06/25/18 signed chap.75
Relates to making an appropriation to pay Debra Gordon, widow of the late William R. Nojay, member of the assembly from the one hundred thirty-third assembly district, the balance due of his unpaid annual compensation for a portion of the year 2016.
Abbate Governor Program # 26
06/25/18 signed chap.76
Repealed §130 sub 1 ¶e sub¶¶ 1, 2 & 3, sub 10 ¶b, amends §§130 & 131, Civil Service Law, Relates to compensation, benefits and other terms and conditions of employment of certain state officers and employees; makes an appropriation therefor. Pay Bill.
06/25/18 signed chap.77
Makes an appropriation to the Frank K. Skartados Living Trust, the balance due of his unpaid annual compensation for the portion of the year 2018.
Rules (Aubry) Governor Program # 18R
06/25/18 signed chap.78
Amends §14-d, Transportation Law; adds §349-g, Highway Law. Authorizes an airport mass transit project at LaGuardia airport. Air Train
06/27/18 signed chap.79 with Press Release
Amends §1726, Surrogate's Court Procedure Act. Relates to the appointment of a standby guardian due to administrative separation; defines administrative separation and the process for such appointment.
06/27/18 chap.80 with Press Release
Amends §§5-1551 & 5-1552, General Obligations Law. Provides that a parent of a minor or incapacitated person may designate another person as a person in parental relation to such minor or incapacitated person pursuant to sections twenty-one hundred sixty-four and twenty-five hundred four of the public health law and sections two and thirty-two hundred twelve of the education law for a period not exceeding twelve months; provides that a designation may not be more than twelve months.
Amends §54.40, Local Finance Law. Relates to bonds and notes of the city of Yonkers.
Amends §4, Chapter 266 of 1981. Extends time limitations for certain actions relating to phenoxy herbicide exposure.
Amends §54.50, Local Finance Law. Extends provisions of law relating to the sale of municipal notes and bonds of the county of Erie.
Amends §9, Chapter 401 of 2002. Extends from June 30, 2018 to June 30, 2020, the expiration of certain provisions of the Nassau county administrative code relating to assessments and the review of assessments.
Amends §2, Chapter 497 of 2016. Amends the education law relating to the licensure of pathologists' assistants, in relation to the effectiveness thereof.
Amends §2, Chapter 676 of 1978. Extends until July 30, 2023, the expiration of payments in lieu of taxes for certain real property in the town of Hempstead.
Amends §2, Chapter 719 of 1980. Extends provisions relating to period of probable usefulness of certain judgments, compromised claims or settled claims.
Amends §§693, 694 & 695, General Municipal Law. Extends provisions of law relating to urban development action areas from June 30, 2018 until June 30, 2021.
Amends Part M §4, Chapter 56 of 2012. Extends authorization for contracts for the provision of special education and related services for certain patients hospitalized in hospitals operated by the office of mental health.
Amends §22, Chapter 352 of 2005; amends §8, Chapter 430 of 2006; amends §27, Chapter 378 of 2007. Extends provisions of law implementing the federal individuals with disabilities education improvement act of 2004.
Amends §§54.10, 54.90, 57.00, 90.00 & 107.00, Local Finance Law; amends §2, Chapter 868 of 1975; amends §5, Chapter 142 of 2004. Relates to the sale of bonds and notes of New York city, the issuance of bonds or notes with variable rates of interest, interest rate exchange agreements of New York city, the refunding of bonds, and the down payment for projects financed by bonds; amends the New York state financial emergency act for New York city; makes further amendments relating to the effectiveness thereof.
Amends §2, Chapter 613 of 1996. Amends provisions relating to buildings that are part of urban development action area projects and are rehabilitated with municipal loans, in relation to the effectiveness thereof.
Amends §2, Chapter 84 of 1993. Extends provisions relating to the establishment of initial rents in housing accommodations rehabilitated with loans to housing development companies.
Amends §2, Chapter 274 of 2010. Relates to extending certain provisions relating to the repair of damaged pesticide containers; extends provisions for two years.
Amends §5, Chapter 449 of 1986. Extends expiration of authority granted to the city of New York to restructure the rents of units in buildings receiving municipally financed rehabilitation loans.
Amends §2, Chapter 253 of 2004. Extends expiration of authority granted to the department of housing preservation and development of city of New York to restructure rents of dwelling units in buildings foreclosed upon by the federal government.
Amends §2, Chapter 375 of 1999. Relates to the effectiveness of chapter 375 of the laws of 1999 relating to the management of buildings for which administrators have been appointed.
Amends §6, Chapter 777 of 1986. Extends the expiration of authority granted to the city of New York to restructure rent for units in multiple dwellings getting small loans to remove substandard or insanitary conditions.
Amends §2, Chapter 673 of 2005. Relates to excess medical malpractice insurance and extending the effectiveness thereof.
Amends §13-638.2, NYC Administrative Code. Relates to the rate of interest used in the actuarial valuation of liabilities for the purpose of calculating contributions to the New York city employees' retirement system, the New York city teachers' retirement system, the police pension fund, the fire department pension fund and the board of education retirement system of such city by public employers and other obligors required to make employer contributions to such retirement systems, the crediting of special interest and additional interest to members of such retirement systems, and the allowance of supplementary interest on the funds of such retirement systems.
Amends §2, Chapter 371 of 2009. Relates to the effectiveness of provisions of law pertaining to the residential care off-site facility demonstration project.
Amends §2, Chapter 563 of 2001. Extends the provisions of chapter 563 of the laws of 2001 relating to providing for an emergency technician 5 year re-certification demonstration program.
Relates to federal bond volume allocations, the unified state bond ceiling and the private activity bond allocation act of 2018.
Relates to elections and elective officers of new towns.
Amends §54.30, Local Finance Law. Relates to the sale of bonds and notes of the city of Buffalo.
Department of Health (Internal # 8 - 2018)
Amends §5, Chapter 426 of 1983; amends §5, Chapter 582 of 1984; amends §230, Public Health Law; amends part B §60, Chapter 57 of 2015; amends §246, Chapter 81 of 1995; amends part C §71, Chapter 60 of 2014. Relates to extending certain provisions of the public health law and the social services law.
Amends §2, Chapter 534 of 1993. Extends the effectiveness of provisions of law relating to physical therapy assistants.
Amends §4, Chapter 656 of 2002. Extends provisions relating to rental vehicle protections.
Amends §396-z, General Business Law; amends §4, Chapter 656 of 2002. Expands protections afforded to renters of motor vehicles and makes certain provisions relating to rental vehicle protections permanent.
Amends §§25.19, 25.23, 25.24, 25.07 & 25.30, adds §§25.10, 25.12 & 25.34, Arts & Cultural Affairs Law; amends §4, Chapter 704 of 1991; amends §11, Chapter 151 of 2010. Relates to the sale of tickets to places of entertainment; establishes notice and disclosure requirements for the sale or resale of tickets.
Permits an assessing unit within the town of Neversink, county of Sullivan, to file their tentative assessment roll for 2018 no later than June 30, 2018.
Amends §2, Chapter 62 of 2015. Extends the city of Yonkers occupancy tax.
Amends §§21.00, 53.00, 54.90 & 107.00, Local Finance Law; amends §81, Chapter 413 of 1991. Relates to local government borrowing practices and mandate relief.
Amends §6-41.0, adds §6-42.2, Chapter 272 of 1939. Relates to the administration of real property tax refunds and credits in Nassau county on class four property. Nassau County Administrative Code
Amends §1204, Real Property Tax Law. Relates to requiring notice where the tentative equalization rate varies more than five percentage points from the locally stated level of assessment within ten days of receipt of such rate or filing of the tentative assessment roll.
Relates to requiring the commissioner of the department of taxation and finance to establish segment special equalization rates for certain school districts in the town of Guilderland; specifically the Rotterdam-Mohonasen School District, Schalmont School District and Voorheesville School District.
MURPHY (State Liquor Authority # 6)
Amends §4, Chapter 118 of 2012. Extends the expiration of certain powers of the state liquor authority for an additional 3 years.
Amends §200, Agriculture & Markets Law; amends §1352-c, Public Health Law; amends §3, Alcoholic Beverage Control Law. Permits the manufacture and sale of ice cream or other frozen desserts made with wine, beer or cider or any combination thereof; requires notice.
Amends §160-cc, Executive Law; amends part AAA §26, Chapter 59 of 2017. Relates to extending workers' compensation coverage to certain TNC drivers including a TNC driver that is logged onto a TNC digital network and is not engaged in a TNC prearranged trip but is engaged in an activity reasonably related to driving as a TNC driver.
Adds Article 2-B §§290 - 294, amends §3343-b, Public Health Law. Enacts the drug take back act requiring certain manufacturers to operate a drug take back program to accept and dispose of covered drugs; provides that any city with a population of one hundred twenty-five thousand or more as of the last decennial census, the commissioner of health shall establish by regulation a distribution plan that ensures that on-site collection receptacle or dropbox placement shall be reasonably accessible to all residents.