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Dear Neighbor,

This year's legislative session in Albany has come to an end, and as usual
the final weeks were packed with activity. Below is a summary of some of
the key legislation that passed the Senate and Assembly in the last month.


Best,

Liz Krueger
State Senator


*------------------------------*

*Gun Violence Prevention:*
The Senate passed legislation to strengthen gun safety measures and ensure
deadly weapons stay out of the wrong hands. Recent gun violence and mass
shootings only highlight the need for additional measures to address this
crisis. The legislation updates the criminal code to make the threat of
mass harm a crime; requires microstamping of ammunition; strengthens
measures to prevent those with criminal backgrounds from obtaining guns and
ammo; allows health care providers to file extreme risk protection orders,
and strengthens regulations for high capacity ammo, feeding devices, and
body armor. The legislation package, all of which has been passed by the
Assembly and signed by the Governor, includes:

● *Permit to Purchase a Semi-Automatic Rifle*: S.9458, 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.

● *Establishing New Crimes of Mass Harm*: S.89B 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.

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

● *Strengthening Background Checks*: S.4970A 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.

● *Bolstering Extreme Risk Protection Orders*: S.9113A 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.

● *Penalizing Large Capacity Ammo and Feeding Devices*: S.9229A
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.

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

● *Improving the Definition of Firearm*: S.9456 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.

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

● *Task Force on Social Media and Violent Extremism*: S.9465 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.


*Reproductive Rights:*
In response the the imminent threat to abortion rights from the Supreme
Court and anti-choise legislation passed in other states, the Senate
advanced legislation to protect the right to choose for New Yorkers and
those who travel to New York from states where their rights to obtain a
safe and legal abortion has been taken away or is under threat. This suite
of legislation protects the rights of individuals seeking abortion care or
gender-affirming care in New York State, expands the eligibility of the
Address Confidentiality Program to protect New Yorkers who fear for their
safety after seeking reproductive health care, and directs the Commissioner
of Health to study the impact of limited service pregnancy centers.

This bill package also provides certain legal protections for New York
based abortion service providers, including prohibiting medical misconduct
charges for performing reproductive health care, forbids New York State
from cooperating with out-of-state legal cases involving abortion except in
limited circumstances, and prohibits medical malpractice insurers from
taking adverse action against a healthcare provider in New York State for
providing legal reproductive services. When reproductive rights are being
curtailed across the nation, this legislative package ensures that New York
State will remain a safe haven for any person seeking abortion healthcare.
The legislation, passed by both the Senate and Assembly, includes:

● *Freedom from Interference with Reproductive Health Advocacy and
Travel Exercise*: S.9039A 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.

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

● *Prohibiting Medical Misconduct Charges for Performing Reproductive
Health Care*: S.9079A 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.

● *Protection of Malpractice Coverage*: S.9080B 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.

● *Address Confidentiality Program*: S.9384A 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.

● *Study of the Impact of Limited Service Pregnancy Centers*: *S.470*
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.


*Protecting the Environment:*
Among other important environmental bills, the Senate passed *the New York
State Build Public Renewables Act* (S6453C). This bill authorizes the New
York Power Authority (NYPA) to develop and own renewable energy projects,
phase out its fossil fuel power plants, and provide renewable energy and
energy efficiency services to state and municipal buildings and residential
customers. This legislation empowers NYPA to ensure our state can meet the
goals laid out in the Climate Leadership and Community Protection Act
(CLCPA). Under the CLCPA, New York committed to reducing its greenhouse gas
emissions by 85% by 2050 and obtaining 70% of its electricity from
renewable energy by 2030. In order to achieve these goals, New York needs
to leverage NYPA’s ability as the largest public utility in the nation to
develop renewable energy generation, transmission, and distribution, reduce
greenhouse gas emissions from our buildings, and deliver reliable and
affordable electricity to our residents. This legislation will:

● Authorize the New York Power Authority to build, own, and operate
renewable energy projects.

● Require the New York Power Authority phase out its fossil fuel power
plants by 2030 and to provide and deliver only renewable energy to
customers.

● Require the New York Power Authority to be the sole provider of
renewable energy to all state owned properties by 2030 and municipal owned
properties by 2035.

● Authorize the New York Power Authority to offer renewable energy to
residential customers, with a requirement to offer low-to-moderate income
customers an energy supply rate that is 50% lower than the rate of the
customer’s local utility.

● Require New York Power Authority projects and programs to pay a
prevailing wage and utilize project labor agreements.


*Voting Rights:*
The Senate and Assembly passed *the John R. Lewis Voting Rights Act of New
York* in its latest effort to strengthen voter protections and enhance
democracy in the state of New York. The John R. Lewis Voting Rights Act of
New York enacts the most robust voter protections at any state level in the
United States and provides legal recourse for denying or abridging any
individual’s right to vote. This law is named for the late civil rights
activist and American statesman Rep. John R. Lewis, who spent his entire
life protecting and expanding the right to vote. His work in Congress paved
the way for better representation across America and raised the standard
for greater democratic participation. The legislation establishes rights of
actions for denying or abridging the right of any member of a protected
class to vote, provides assistance to language-minority groups, and
requires preclearance of certain voting policies for a select group of
jurisdictions with a history of racial discrimination. In addition the
Senate passed a number of additional measures to protect voting rights and
improve our electoral process, including

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

● *Establishing the New York Voting and Elections Database*: S.8202
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.

● *Preventing Electronic Interference*: S.118 establishes the
misdemeanor of interfering in the election process by electronic means.

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

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

● *Prohibit Commissioners from Holding Office*: S.7442 prohibits
election commissioners and deputy commissioners from holding a publicly
elected office.

● *Pay Raise for Election Inspectors*: My bill, S.823A, 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.

● *Reforming the NYC Board of Elections*: My bill, S6226E, 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.

● *Prohibiting Conflicts of Interest*: S.4542A 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.

● *Make Commissioners Full-Time Board Employees*: S.8311 requires
election commissioners to be full-time employees of each county’s Boards of
Elections.

● *Model Poll Worker Training Program*: S.5800B 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.

● *Full Time Employee Minimums*: S.6684A 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.

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

● *Requirements for Commissioner Qualifications*: S.8292 requires a
Board of Elections commissioner to meet certain qualifications set by the
State Board of Elections before his or her appointment.

● *Removal of Commissioners*: S.8337 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.

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


*Reducing Prescription Drug Costs:*
The Senate passed legislation to improve the accessibility and
affordability of prescription drugs for all New Yorkers. The bills reduce
the cap on cost-sharing for insulin from $100 to $30 per month, assist
seniors with prescription fees, and make all third-party discounts,
vouchers, and financial assistance for prescription drugs made on behalf of
the insured individuals applicable to their co-payment, deductible,
co-insurance, and out-of-pocket maximum. Under the legislation, seniors
would be eligible for the Elderly Pharmaceutical Insurance Coverage Program
if they have enrolled in the Medicare Part D insurance plan and any other
comparable plan.

The following legislation passed the Senate:

● *Cap On Cost Sharing For Insulin*: S.1413 reduces the cap on cost
sharing for insulin from the current $100 per insulin per month to $30 per
month.

● *Elderly Pharmaceutical Insurance Coverage Program Eligibility*:
S.2535A sets the eligibility criteria for the Elderly Pharmaceutical
Insurance Coverage Program. The bill specifies that participants must be
enrolled in Medicare part D or any other public or private drug plan that
successfully proves the coverage is similar or better than the defined
standards coverage under the Medicare Part D prescription drug benefit.

● *Sixty-Day Notice Drug Cost Increase*: S.7499B requires
manufacturers to provide at least 60 day notice of their intent to raise
wholesale prescription drug costs to the Department of Financial Services
if the increase is 10% or more of the total cost of the drug.

● *Wholesale Drug Importation*: S.1737 creates a state program to
import prescription drugs from other countries at a lower cost. In this
program, a wholesaler is allowed to import drugs that meet U.S. F.D.A.
standards from only suppliers who are regulated and authorized under the
laws of their country for distribution and sale only in New York.

● *Drug Failure Protocols*: S.8191 requires a utilization review agent
to follow certain rules when establishing a step therapy protocol. It
requires that the protocol accepts any attestation submitted by the
insured's health care professional stating that a required drug has failed
as prima facie evidence that the required drug has failed.

● *Prescription Drugs From Out Of State*: S.5489 authorizes pharmacies
to receive prescription drugs from other pharmacies outside of New York in
the case of a public health emergency, guaranteeing patient access to
medications.


The following bills passed both the Assembly and Senate, and await the
Governor's signature:

● *Third-Party Payments For Co-Pays*: S.5299A 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.

● *Substitution Of Biosimilar Medications*: S.8465 makes the existing
temporary law a permanent law that allows pharmacists to substitute
biosimilar medications under certain conditions.

● *Patient RX Information and Choice Expansion Act (PRICE Act)*:
S.4620C 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.

● *Thirty-Day Supply For State Disaster Emergencies*: S.4856 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.

● *Price-Gouging For Medicine*: S.3081A 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.

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


*Rights for People With Disabilities:*
The Senate and Assembly passed legislation to protect the disabled
community, strengthen and streamline resources, and correct historical
tropes that are both harmful and inaccurate. The legislation legally
recognizes Supported Decision Making Agreements, eliminates derogatory
language from the Social Services Law, combats stereotyping and
discrimination, improves provisions for those in individualized education
programs, and requires same-day notifications to guardians if behavioral
interventions are used. The legislation includes:

● *Supported Decision-Making*: S.7107-B 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.

● *Early Intervention Program*: S.5676, 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.

● *Individuals With A Developmental Disability*: S.6195-B 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."

● *One Hundred-Twenty Day Application Completion*: S.8442 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.

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

● *Continuing Individualized Education Program*: S.7866-A 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.

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

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

● *Civil Service Employment Accessibility*: S.7662-A 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.

● *Accessible Websites By State Agencies*: S.7912 codifies the
requirement for the Office of Information and Technology Services to
develop a protocol for state agencies and entities to maintain accessible
websites. This bill was only passed in the Senate.


*Oversight of Economic Development Programs:*
The Senate and Assembly passed legislation to make necessary reforms to
protect taxpayers dollars in publicly supported economic development
projects. The legislation increases transparency through open meeting laws,
protects against IDAs incentivizing companies with tax benefits to relocate
from one part of the state to another, requires Empire State Development to
proactively post all materials provided to community advisory committees on
its website and requires these bodies to meet publicly. Additionally, this
bill package restores State Comptroller review over contracts and prohibits
confidentiality and non-disclosure provisions in contracts pertaining to
economic development. The legislative package includes:

● *Empire State Development Transparency*: S.8419A 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.

● *Restoration of Comptroller Review Over Contracts*: S.6809A 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.

● *State Disaster Emergency Contract Review*: S.8062 ensures the
Office of the State Comptroller's authority to review state contracts prior
to ratification, under sections 112 and 163 of the state finance law,
remains intact during a state disaster emergency that extends beyond 30
days. This bill was only passed in the Senate.

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

● *State Non-Disclosure Act*: S.1196 prohibits confidentiality and
non-disclosure provisions from inclusion in contracts pertaining to
economic development entered into by the state or a municipality. This bill
was only passed in the Senate.

● *New York State Public Authorities Control Board Voting*: S.7337,
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.

● *Cost Comparison For Consultant Services*: S.5356 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.


*Animal Rights:*
The Senate passed legislation to improve the health and safety of domestic
animals. The legislative package establishes a ban on the sale of puppy
mill animals, bans the sale of cosmetic products tested on animals, better
defines the crime of aggravated cruelty to animals, and prevents insurance
companies from discriminating against homeowners based on the breed of dog
that they own. Additionally, the Senate passed legislation to require
veterinarians to notify owners in writing of any and all side effects of
prescribed medications, require landlords to inspect vacated properties to
ensure no animals were left abandoned, and bans the importation,
transportation and possession of certain African wildlife species and
products by enacting the "Big Five African Trophies Act.”

The following bills passed both the Assembly and Senate, and await the
Governor's signature:

● *Ban On Manufacture and Sale of Animal Tested Cosmetics*: S.4839B
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.

● *Puppy Mill Sales Ban*: S.1130 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.

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

● *Veterinarian Drug Information*: S.1289B 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.

The following legislation passed the Senate:

● *Clarifies Aggravated Cruelty to Animals*: My bill, S.960, would
eliminate the word “serious” from the “serious physical injury” language of
the crime of aggravated cruelty to animals, to ensure appropriate
penalties when a person intends to cause extreme physical pain to an
animal, even if the animal makes a full recovery.

● *Abandoned Animal Property Inspections*: S.4081A requires landlords
of vacated properties to inspect the property for abandoned animals within
three days if they knew or should have known that the property had been
vacated.

● *Big Five African Trophies Act*: S.2814 bans the importation,
transportation, and possession of certain African wildlife species and
products. The five species include lions, leopards, elephants, black and
white rhinos, and giraffes. All five species are facing extinction due to
illegal poaching and trade.


*District Office*: 211 East 43rd Street, Suite 1201 | New York, NY 10017
<[link removed]>
| (212) 490-9535 | Fax: (212) 499-2558
*Albany Office*: Legislative Office Building, Room 808 | Albany, NY 12247 |
(518) 455-2297 | Fax: (518) 426-6874
*Email*: [email protected] | *On the Web*:
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*Facebook* <[link removed]>:
/statesenatorlizkrueger | *Twitter* <[link removed]>:
@LizKrueger | *Instagram* <[link removed]>:
@senatorlizkrueger
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