State Sen. Biaggi highlights passage of progressive legislative program during 2019 session

State+Sen.+Biaggi+highlights+passage+of+progressive+legislative+program+during+2019+session

Editor’s note: This press release was provided by State Sen. Alessandra Biaggi.

ALBANY, NY – Today the 2019 legislative session finally came to a close, finishing off the season with a host of progressive legislation that will benefit the lives of New Yorkers in every corner of the state.

State Senator Alessandra Biaggi (D-Bronx/Westchester) issued the following statement:

“When the Senate won the Democratic Majority we knew there was potential to make a real impact, and pass progressive legislation that would benefit the lives of every New Yorker – over the last six months, and especially in these final weeks of session, we witnessed that prophecy come to fruition.

Leading with intention and working as a team, this Senate managed to break the glass ceiling in almost every issue area and pass transformational laws directly informed by the voices of our communities. As a first-term Senator, this has been an incredible learning experience that has not only proved what we are capable of, but has also revealed what roadblocks still exist and the continued work that lies ahead. I am very proud of what my colleagues and I have been able to accomplish, and owe an immense amount of gratitude to our fearless Majority Leader Andrea Stewart-Cousins.

That being said, the true makers of this session’s success are the advocates and our constituents who have driven these issues to the forefront. Every day spent in session, our neighbors and community members were in the Capitol with us – pushing us to go farther, teaching us how to be better, all the while cheering us on at every step of the way. To the incredible residents of District 34 that I have the privilege of representing, I give my deepest gratitude and promise to never stop fighting for what our community deserves – safety, equity, opportunity, and justice. This is only the beginning for us.”

2019 SENATE MAJORITY LEGISLATIVE WINS

ANIMAL WELFARE AND RIGHTS

  • Created an alert system for pet owners requiring them to bring in their companion animals during extreme weather conditions (S.4577A/Martinez).
  • Removed the definite 2-year sentence to allow consecutive sentencing when a person is convicted of multiple counts of aggravated cruelty towards animals (S.5807A/Martinez).
  • Introduced enterprise animal fighting as a new felony level offense and adjusted penalty classifications for animal fighting (S.94/Kaminsky).
  • Ensured that a perpetrator’s attempt to harm an animal is penalized appropriately regardless of whether the assault succeeds or fails (S.2723/Krueger).
  • Enhanced grooming, sanitation, and veterinary requirements for pet dealers (S.3828/Metzger).

CHILDREN, FAMILIES, AND SOCIAL SERVICES

  • Passed legislation known as “Erin’s Law”, requiring the commissioner of education to make recommendations to the board of regents relating to instruction on preventing child sexual exploitation and child abuse in grades kindergarten through eight (S.4070/Biaggi).
  • Passed legislation that requires training with respect to adverse childhood experiences for day care providers (S.4990A/Biaggi).
  • Passed the Child Victims Act (Ch. 11. by Senator Hoylman), allowing people who were sexually abused as children to seek the justice that was for too long denied them.
  • Reauthorized and expanded the school speed camera program to enhance road safety near schools and prevent needless tragedies from reckless drivers (S.4331/Gounardes).
  • Passed new protections against bullying and discriminatory practices in public schools (S.4901/Mayer).
  • Authorized localities to install cameras to enforce against illegally overpassing a stopped school bus, subject to passage of local law and agreement with the affected school district (S.4524B/Kennedy)
  • Enacted reforms to the Statewide Central Register (SCR) for Child Abuse and Maltreatment, providing a higher standard of proof for investigations and hearings, and conditionally sealing of records for parents after certain time periods (S.6427A/Montgomery).
  • Created a statewide policy authorizing child care subsidies for parents or caregivers who work non-traditional hours, to allow them to sleep (S.3420A /Savino).
  • Expanded statewide a procedure previously allowed in New York City for public assistance agencies to re-engage with clients and help them comply with program requirements rather than expending resources on punitive sanctions (S.3840A/May).
  • Required local counties to provide written information to individuals regarding available kinship programs and resources (S.2714/Savino).

CONSUMER PROTECTIONS

  • The Adopted Budget empowered the Department of Financial Services (DFS) to license and regulate both private and federal student loan servicers to protect student borrowers and respond to the growing student debt crisis. (Ch. 56, Part L)
  • Passed the SHIELD Act to require businesses to improve their data privacy practices and notify their customers in the event of a security breach (S.5575B/Thomas).
  • Required that toy jewelry containing lead carry a warning that it may be harmful, warning parents about potential hazards to their children (S.4046/Parker).
  • Imposed new safety training requirements for people operating motorboats, known as Brianna’s Law (S.5685/Brooks)

CRIMINAL JUSTICE REFORM

  • As part of the Budget process, New York adopted significant and wide-ranging reforms to the criminal justice system, leveling the playing field while still ensuring public safety and protection.
    • Reformed discovery in criminal matters by requiring it to be conducted within 15 days of arraignment, before plea offers expire, and before the defendant’s appearance before a grand jury (Ch. 59, Part LLL).
    • Reformed existing speedy trial laws, including requiring court inquiry when a prosecutor declares their readiness for trial and tying this declaration to the discovery process (Ch. 59, Part KKK).
    • Eliminated money bail for misdemeanors and non-violent felonies, and required desk appearance tickets to be issued in lieu of arrest for all misdemeanors and Class E felonies, while maintaining the current bail system for violent felonies and select other crimes (Ch. 59. Part JJJ).
    • Created a Model Law Enforcement Use of Force Policy to help improve and standardize police procedure across the State and mandated new Use of Force reporting for police departments and correctional facilities (Ch. 55. Part ZZ).
    • Reformed the reentry process to better assist individuals who have had contact with the criminal justice system in their pursuit of gainful employment (Ch. 55, Part II).
  • The Senate also worked to pass several other criminal justice initiatives through the regular legislative process.
    • Legalization of so-called gravity knives (Ch. 34, by Senator Savino), fixing a law that resulted in the arrest of workers in many trades for carrying a standard tool and generated racial disparities in enforcement.
    • Passed alternative sentencing rules for survivors of domestic violence, so judges are allowed to exercise discretion and impose more lenient sentences when abuse was a significant factor in a defendant’s commission of a crime (S.1077/Persaud).
    • Re-enfranchised former felons by removing the lifetime ban on jury duty once they have completed their sentence and rejoined society (S.221A/Benjamin; pending in Assembly).
    • Codified the long standing family visitation program in state correctional facilities to ensure that families stay connected during periods of incarceration (S.2698/Sepulveda).
    • Decriminalized possession of small amounts of marijuana and ensured that past convictions will be expunged (5.6579-A/Bailey).

ECONOMIC DEVELOPMENT

  • Passed an act to amend chapter 465 of the laws of 1994, amending chapter 285 of the laws of 1891 relating to charging a fee for admission to the New York Botanical Garden, in relation to making permanent certain provisions authorizing the imposition of a required fee; (S.4449/Biaggi).
  • and to repeal section 2 of such chapter 465 of the laws of 1994 relating thereto
  • Granted New York City authorization to use design-build for more infrastructure projects (S.6293A/Comrie).
  • Passed legislation creating programs to help small businesses with crime prevention (S.1087/Persaud).
  • Extended the New Farmers Grant Fund Awards to small-scale farms across the State (S.5716/Metzger).
  • Advanced legislation to create tax-advantaged savings accounts for small businesses (S.3163/Kaplan, pending in Assembly).
  • Reauthorized and reformed the Minority & Women-Owned Business Enterprises (MWBE) program to help more MWBE businesses conduct business with and deliver services for the State (S.5657/Sanders).

EDUCATION

  • Reform of teachers Annual Professional Performance Review rules (Ch. 27, by Senator Mayer) to end reliance on flawed standardized test scores.
  • The Senate negotiated for significant increases in education funding in the Adopted Budget, ultimately achieving $1.012 billion more School Aid than in 2018-19, reflecting an increase of more than $100 million larger than the prior year’s increase. This includes:
    • $618 million more Foundation Aid than in 2018-19; and
    • $342 million more expense-based aid than in 2018-19.
  • The Adopted Budget included a number of other education-related funding wins, including:
    • $849 million in Pre-K funding, including a $15 million early increase to expand these programs for three- and four-year olds;
    • $1.645 million in Legislative adds through the Division of Veterans Affairs, including for the New York State Defenders’ Association Veterans Defense Program (VDP); the VDP Long Island office; Clear Path for Veterans, Helmets to Hardhats; Legal Services of the Hudson Valley Veterans and Military Families Advocacy Project; Veterans of Foreign Wars Department of New York; the North Country Veterans Association, and the SAGE Veterans’ Project.
    • Extended the Service-Disabled Veteran Owned Business Development Program by five years. An additional $450,000 for Veterans Mental Health Initiatives. $950,000 for civil or criminal legal services for persons affected by domestic violence or veterans, to be allocated by Senate resolution.
    • $104 million for private schools for the blind and deaf, $1 million over the Executive Budget;
    • $96.6 million for support of public libraries, $5 million over the Executive Budget;
    • $55 million for Empire State After School Grants;
    • $25 million to support STEM in nonpublic schools, $10 million over the 2018-19 budget and $5 million over the Executive Budget;
    • $14.3 million for teacher resource and computer training centers, including a legislative restoration of $9.98million;
    • $7.7 million for adult literacy programs, including a legislative restoration of $1.5 million;
    • $2.3 million to pay for the remaining costs of reduced-price lunches.
  • The Senate negotiated for a number of beneficial education policy changes in the Adopted Budget (Ch. 59, Part YYY), including:
    • A three-year extension of mayoral accountability in New York City that included substantial new reforms to increase parental engagement;
    • A staggered, statewide schedule for school building conditions surveys to ensure school infrastructure needs are assessed and met more efficiently process;
    • Authorization of ‘piggyback contracts” for pupil transportation, cutting red tape that prevented districts from working together to save money;
    • An increase in the BOCES District Superintendent salary cap, helping BOCES districts attract and retain leadership; Authorization for school districts and BOCES to establish a reserve fund for teacher retirement costs;
    • Reforms to define the role of law enforcement and school security and clearly reserve the role of school discipline for school administration.
  • Extends Human Rights Law to cover students at public schools and colleges/universities (S4901/Mayer)
  • Provided building aid and transportation aid forgiveness to school districts that are facing penalties due to inadvertent errors (S.1777 / Skoufis; S.2611/ Metzger, S.4949A/ Harckham; S.4333 / Metzger, S.5794 / May; S.2676 / Gaughran; and $.2977 / Gaughran).

ELECTION LAW REFORMS

  • The Senate passed numerous pieces of revolutionary legislation to make it easier for New Yorkers to exercise their right to vote. This will make our democratic system of government more responsible to the people and limit corruption in politics.
  • Enacted early voting for New York State primary and general elections (Ch. 6. By Senator Myrie), funding for which was secured by the Senate in the Budget process.
  • Consolidated New York’s split federal and state/local primary elections into a single date (Ch. 5, by Leader Stewart-Cousins), making it easier for all New Yorkers to vote and ending New York’s failure to give American armed servicemembers abroad sufficient time to receive and return their ballots.
  • Closed the LLC loophole (Ch. 4, by Senator Kavanagh), to prevent wealthy individuals and business interests from avoiding political contribution limits by donating through multiple LLCs.
  • Began the constitutional amendment process to allow any voter to choose to vote by mail for any reason (S. 1049 / Comrie).
  • Began the constitutional amendment process to allow same-day registration (S.1048/Gianaris).
  • Began the constitutional amendment process to allow 17 year olds who will be 18 at the
  • general election to vote in presidential primaries (S.3822/Savino; pending in Assembly).
  • Reformed voter pre-registration rules, to make it easier to register young people to vote
  • while they are in high school (Ch.2, by Senator Carlucci).
  • Passed reforms to voter registration changes, so voters who move their place of residence are not disenfranchised (Ch. 3, by Senator Carlucci).
  • Passed the Voter Friendly Ballot Act to make ballots less confusing and easier for voters to read and use (S.2300A / Kavanagh).
  • Harmonized primary voting hours to be 6 a.m. to 9 p.m. statewide (Ch. 55, Part BBB).
  • Authorized the use of electronic poll books (Ch. 55, Part XX).
  • Enacted a system of front-end Automatic Voter Registration to ensure that New Yorkers
  • interact with State government agencies are fully enfranchised (S.6457A / Gianaris: passage expected today).
  • Loosened the unreasonably tight deadline for a voter to enroll in a party before a primary election by moving this deadline to the February 14 before the primary (S.6532A/
  • Kavanagh; passage expected today).
  • Established that campaign funds can be used for childcare, eliminating a barrier to running for office (9.2680 / Mayer; pending in Assembly).

ENVIRONMENTAL CONSERVATION

  • Enacted the Climate Leadership and Community Protection Act (CCPA), to dramatically limit New York State’s carbon emissions and protect communities most threatened by climate change (5.6599 / Kaminsky).
  • Prohibited offshore drilling for oil and gas in New York’s waters (Ch. 29, by Senator Kaminsky).
  • Prohibited inappropriate large-scale fishing methods for menhaden, to protect environmental balance in New York’s fisheries and preserve a key food source for striped bass, whales, and other species (Ch. 28, by Senator Kaminsky).
  • Imposed limits on mercury in lamps to prevent toxic mercury from poisoning New Yorkers and damaging the environment (S.2139-A/Sanders).
  • Created renewable energy credits to accelerate investment in clean power production in the State (S.23/Parker; pending in Assembly).
  • Began the process of amending the State Constitution to enshrine a positive right for New Yorkers to have clean air and water (S.2072/Carlucci).
  • Established a program to ensure the safe collection of unused postconsumer paint to enable its recycling and reuse (S.4351 / Kennedy; pending in Assembly).
  • As part of the Budget process, banned single-use plastic carryout bags with an at-local-option fee of 5¢ for paper bags to reduce pollution and litter and increase use of reusable bags (Ch. 58, Part H).
  • Passed legislation ensuring polluters can be held accountable for the cleanup of toxic chemicals in public water supplies (S.3337C/Gaughran).

FIGHTING THE OPIOID EPIDEMIC

  • Required death certificates to include the specific type of opioid that caused the death of the decedent (S.1668 / Brooks).
  • Created a medication assisted treatment program for inmates in local jails to prevent withdrawal sickness and combat addiction (S.2161B/Bailey).
  • Required Medicaid to cover specific medication assisted treatment or detoxification or maintenance treatment of a substance use disorder without prior authorization (S.5935A/Harckham).
  • Required OASAS to report to the Legislature on initiatives undertaken in response to the heroin and opioid epidemic. (S.4650/Sanders)
  • Established that informational materials regarding the use of opioid antagonists for first aid or emergency treatment must include information on the application of good samaritan laws to protect against liability (S.6361/Carlucci).

GUN SAFETY

  • Amended the penal law, in relation to local and state law enforcement’s access to records of applications for licenses of firearms (S.6160/Biaggi).
  • Established Extreme Risk Protection Orders (Ch. 19, by Senator Kavanagh), so courts can prohibit high-risk individuals from purchasing or possessing firearms.
  • Prohibited the possession, manufacture, transport, and disposition of rapid-fire modification devices such as “bump stocks” (S.2448/Sepulveda).
  • Established state standards to support municipal gun buyback programs to get guns off the street (S.2449 /Mayer).
  • Required firearms to be safely stored with a trigger lock or in a locked container when children are present or likely to be present (S.2450-A / Krueger).
  • Kept guns out of classrooms by limiting schools’ ability to authorize the possession of a weapon on school grounds (S.101-A / Kaminsky).
  • Closed the “Charleston Loophole” to prevent gun purchases from going forward by default when the National Instant Criminal Background Check is still pending (S.2374/ Gianaris).
  • Criminalized the manufacture, sale, and possession of firearms that cannot be detected by an X-ray machine or other scanning security device (S.1414A/Parker).

HEALTH

  • Required comparable coverage for adults and children with eating disorders; defines eating disorder (S.3101 / Biaggi).
  • Repealed the religious exemption from vaccination requirements (Ch. 35, by Senator Hoylman), the abuse of which likely contributed to this year’s dangerous, record-setting outbreak of measles in New York State.
  • Mandated coverage of fertilization preservation for those facing fertility issues due to chemotherapy or other treatment; mandated coverage by large group insurance policies of in vitro fertilization (Ch. 57, Part L).
  • Passed “Shannon’s Law” to require large group insurance policies to cover an annual mammogram for persons aged thirty-five through thirty-nine, inclusive, upon the recommendation of a physician (S.3852-A/Martinez).
  • Created an independent dispute resolution process to protect patients against excessive out-of-network hospital emergency charges (S.3171A/Krueger; S.6544A / Krueger).
  • Tightened rules around Pharmacy Benefit Managers to reduce prescription drug costs, preserve patients’ options, protect patients from abusive “spread pricing,” and maintain patients’ ability to choose their local pharmacy (S.6531/Breslin; S.6297 / Skoufis/ 5.6303 / Rivera: S.4463A/Breslin).
  • The Adopted Budget also included a provision which prevents spread pricing“ in Medicaid Managed Care (Ch. 57, Part C).
  • As part of the Budget, process, codified the Affordable Care Act and N.Y. State of Health in State law to protect New Yorkers if the ACA is repealed (Ch. 57, Parts J and T).
  • Protected hospitals in the Adopted Budget by:
    • Restoring $550 million in planned Medicaid Cuts; o Providing short-term loans to several financially distressed hospitals in different parts of the state to help them stay open;
    • Maintaining funding for safety-net hospitals and providing an additional $16 million investment for enhanced safety net hospitals.
  • Increased the minimum age for tobacco sales statewide to 21 (S.2833/Savino).
  • Prohibited pelvic examinations on unconscious patients without the express prior consent of the patient, save in an emergency situation (S.1092E/Persaud).

HIGHER EDUCATION

  • In the Adopted Budget, the Senate won improved student access to advanced courses by allowing for dual enrollment, helping community colleges to reduce or waive tuition for high school students taking college-level courses (Ch. 56, Part CC).
  • The Adopted Budget included a complete restoration of the Executive’s cuts to the Opportunity Programs which assist low income and minority students, including:
  • $60 million for Educational Opportunity Centers (EOC);
  • $35.5 million for the Higher Education Opportunity Program (HEOP), with a $5.9 million legislative restoration;
  • $32.2 million for Educational Opportunity Programs (EOP), with a $5.4 million legislative restoration;
  • $28.1 million for the Search for Education, Elevation, and Knowledge (SEEK) opportunity program, with a $4.7 million legislative restoration.
  • The Adopted Budget provided a $100 per full time employee community college base aid increase at SUNY and CUNY, including a floor of 98% of what they received in 2018-19, totaling an additional $12 million for SUNY, and an additional $6 million for CUNY.

HOUSING AND RENT REGULATION

  • The Senate passed the most significant reform to New York’s rent laws (Ch. 36, by Leader Stewart-Cousins) in a generation, protecting tenants across the State, while still maintaining a robust real estate market. The package included:
    • Permanent extension of the rent laws to end dysfunction and legislative hostage-taking every time the rent regulations expire;
    • Complete elimination of vacancy deregulation, high-income deregulation, and vacancy bonuses;
    • Reform of the Major Capital Improvements and Individual Apartment Improvements systems to reduce extreme rent hikes and end abuses, while still incentivizing landlords to maintain and improve their buildings appropriately;
    • Reform of the Co-Op/Condo conversion system in New York City to prevent displacement while creating a path to affordable homeownership for tenants;
    • Statewide authorization for municipalities to opt into rent stabilization if they meet the statutory requirements;
    • New legal protections for all tenants and potential tenants both inside and outside of the rent stabilization system:
      • Strengthening protections against retaliatory evictions; o Limiting security deposits to one month’s rent;
      • Banning application fees and limiting background check and credit check fees;
      • Banning the use of tenant blacklists;
      • Requiring notice before large rent increases or failure to renew the lease;
      • Requiring landlords to attempt to re-rent the apartment if the tenant breaks the lease;
      • Imposing criminal and civil penalties for unlawful evictions; O Providing more time during the eviction process for tenants to find lawyers, assemble their case, and pay rent arrears;
      • Allowing courts to delay an eviction for up to one year to alleviate extreme hardship on the tenant
  • The Senate also reformed and expanded the Loft Law to provide protection and a pathway to legalization for owners and tenants of lofts converted to residential use (S.3655B/Salazar).
  • The Adopted Budget banned source-of-income discrimination in housing, requiring housing providers to accept any lawful source of income, including housing vouchers or government assistance, and prohibiting housing providers from communicating limitations as to potential tenants’ source of income, unless it is necessary to comply with state or federal housing programs.
  • The Adopted Budget also featured significant measures and investments for housing, including:
    • Permanent extension of policies requiring lenders to issue a 90-day pre-settlement conference notice before foreclosing on all home loans and requiring mandatory settlement conferences for residential foreclosures.
    • Restoration of $20 million for Statewide Foreclosure Prevention Services;
    • $44.2 million for the Low Income Housing Trust Fund
    • $26 million for the Affordable Housing Corporation;
    • $14 million for the Homes for Working Families Program;
    • $6.4 million for the Public Housing Modernization Program;
    • $5 million for the Manufactured Home Advantage Program; $1.4 million for Housing Opportunities Program for the Elderly (HOPE).