NYS Assembly Codes Committee June 2, 2021 (Rush Transcript)

3:27PM Jun 2, 2021

Speakers:

Keywords:

reported

bill

motion

amend

law

require

provide

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mental hygiene

related

establish

authorize

votes

facility

business

rosenthal

court

prohibit

service

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codes committee. This is our next meeting. It's June 2 2021. We have a very long agenda today. Before we start, I am going to ask Logan hardy to call the roll.

Good morning the members present for today's meeting. Our Chairman denotes Mr. pretlow. Miss cook, Mr. sembra Woods Mr. O'Donnell Mr. Levine Mr. Perry, Mr. avenatti. Mr. Hennessy, Miss Faye he miss see right. As Rosenthal Miss Walker, Mr. Brunel Miss Cruz rancor marinello. Mr. Julio Mr. Montesano Mr. Reilly, Mr. mccullen, Mr. Attorney USCIS. Thanks.

Okay, so as I said, we have a very long agenda. What I will do is go through the bills on consent, any bill with a question, a statement and anything lay the bill sigh please and we'll come back to it. First is a 159. Godfrey. This would provide that a nursing home patients right to sue for injuries can be exercised by the patient's legal representative or estate. The motion is to report to rules. Negative votes. bills reported a 362 as a broski would have been the executive law to impose a minimum fine of $25 per day after a uniform fire prevention and or building code violation has gone on cured for 180 days and a $50 per day. Fine after it's gone on cured for 360 days. Motion is to report two ways and means negative votes. Bill is reported for 85 b Magna rally would amend the VTL genuine municipal municipal law and the public offices Lloyd to establish a demonstration program placing speed cameras in work zones, which will establish the efficacy of using automatic speed monitoring systems for enforcement motion this report two ways and means negative votes

the sramana Sano was in the negative

Mr. Sign on negative Bill is reported that Mr. judicious in the negative as well. Okay, and osis and Riley Okay, a 651 Daniel Rosenthal would amend the insurance law to permit insurance notices and documents to be delivered electronically with policyholder consent and includes protections for consumers. The motion is to report to rules. Negative votes. Bill is reported. A 661 A Linda Rosenthal would establish procedures for self exclusion, the self exclusion list for gambling addicts. Most of this report two ways and means negative votes. Those reported 754 A Pfeffer Amato would have been the general business law to prohibit the sale of whipped cream chargers filled with nitric oxide. That's no to otherwise known as laughing gas, commonly called Whippets to a person under the age of 21. pips of motion is to report to rules. Negative votes, bills reported 898 a winner would amend would extend the child support obligation of the parent of a child with a diagnosed disability until the age of 26. In many cases, the motion is to report to rules negative votes, bill as reported 11 sorry, 1005 a polen would amend the mental hygiene law in order to provide patients and their authorized representatives with materials and information related to seeking and extreme risk protection or at a prior to the discharge or conditional release from a mental health facility. Motion is to report to rules. Negative votes. Bill as reported 1034 b Bronson would amend the workers compensation law to authorize a payment schedule in relation to attorneys fees awarded in workers compensation cases, which takes into consideration the services rendered the amount of compensation awarded and the financial stake state of the claimant motion is to report the ways and means negative votes. Bill is reported. 1106 b Bronson would have been the labor law to require that the prevailing wage be paid for any work involving the delivery to and hauling from public work projects of aggregate supply construction materials. As well as any return holes, whether empty or loaded, and anytime spent loading or unloading motion is to report to rules negative votes minority in the negative minority in the negative, the bill is reported 1141 a polen would have been the executive loiter prohibited disclosure of the names, addresses and phone numbers of contributors and amounts contributed that are reported on financial disclosure reports of certain not for profit organizations, except when authorized by a court order and used solely for the purpose of conducting investigations and litigation to enforce applicable law. The motion is to report to rules negative votes minority in the negative except for Monsanto. Okay, the bill is reported. Thank you. 1171. Hey, Bronson would amend the insurance law to require health insurance to provide coverage for outpatient treatment by licensed mental health counselors, marriage and family therapists, creative arts therapists and psycho analysts. The motion is to report the ways and means negative votes minority in the negative minority in the negative Bill is reported. 1463 denotes This was our habit lay aside Oh 1808 no 1809 Cahill would amend the insurance law to require insurers that use driving histories as a rating or underwriting factor. Check factor check the History Prior to binding an individual to an insurance contract or accepting a down payment. Motion is to report to rules. Negative votes.

Bill is reported 2085 A denotes would amend the insurance law to require that health insurance providers offer coverage for colorectal cancer screenings in accordance with the American Cancer Society guidelines for average risk individuals motion is to report two ways and means negative votes. Bill is reported 2150 A Linda Rosenthal would have been the social services law to enact Brendan's law, which would require child daycare centers public institutions for children at certain other facilities installing new or replacement window coverings that they install cordless window coverings to meet minimum safety standards. Motion is to report to rules negative outs. Builders report reported 2349 A Rodriguez would amend the insurance law general business law tax law and the VTL to enact the peer to peer car sharing program. Motion is to report the ways and means negative votes minus shadow in the negative. Okay, my two cents on the negative Bill is reported 2375 believe story about why a person serving as forensic evaluators can shop seedings no at all. Isn't that why people report ultimately always, even in the

later Bill is reported 3166.

Public Service laws require the registration of energy brokers and energy consultants Yes, give me a new motion as to what the ways in other negative votes.

Bill is reported. 3186 hevc would have been the social services lowering the cplr to permit a victim of human trafficking to bring a civil action against the perpetrator or anyone who knowingly advanced or profited from the act to recover actual compensatory and punitive damages injunctive relief any combination of those or other appropriate relief as well as reasonable attorneys fees. Motion is to report to rules negative votes masano in the negative Mark desanto. The bill is reported 30 to 41. McDonald establishes a mechanism by which courts in New York City and in the state's largest counties may appoint a receiver to manage real property that has fallen into disrepair or where the landlord is not providing necessary services to tenants. It would establish a mechanism for possible appointment of such receiver in the other parts of the state. The motion is to report to rules negative votes minority in the negative minority in the negative The bill is reported. 3640 Linda Rosenthal would amend the general municipal law and the administrative code of the city of New York to require every internet based food delivery service provider constic conspicuously post on their website The most sanitary the most current sanitary inspection results of any food service establishment for which the delivery services are provided to customers. Motion is to report two ways and means negative votes. cembra wins in the negative symbol x in the negative. The bill is reported. 3946 Melissa Miller would amend the VTL to authorize a residential parking system in certain parts of the hamlet of Oceanside and the town of Hempstead motion is to report two ways and means are the negative votes pretlow the negative pretlow and the negative the bills reported? Or did you mean to be negative on the next bill? Oh, that's a great bill. Okay. 4154 b pretlow. would amend the agriculture and markets law to prohibit the slaughter of resources and race horse breeding stock. The motion is to report the Ways and Means are the negative votes. The bill is reported. 4173 Rodriguez would amend the Executive Lauren state finance law to eliminate vulnerabilities of programs providing opportunities for m web to fraud related relating to false claims that a business or contractor is a minority or a woman owned business enterprise motion is to report two ways and means negative votes. Bill is reported 4937 A Epstein would have been the executive law to prohibit police officers from carrying and using a firearm during any phase of the officers official duties unless the officer has satisfactorily completed a course of training that meets or exceeds the minimum standards established by the municipal police training Council. The motion is to report two ways and means or the negative votes were in already in the negative minority in the negative Bill is reported. 4950 a Salas would amend the VTL to require every charter bus registered in New York State to be equipped with commercial Global Positioning System technology. Motion is to report to rules. Negative votes. Bill is reported 4982 a hevc. would have been the Family Court Act. The Social Services Law and the executive loader raise the lower age of juvenile delinquency jurisdiction from age seven to 12. Motion is to report two ways and means negative votes minority in the negative minority in the negative Bill is reported. 5144 a Benedetto would have been the labor law to expand whistleblower protections to employees who disclose an illegal or dangerous business activity. Most of this report to rules negative votes minority in the negative minority the negative The bill is reported 5613 A Godfrey would have been the social services lowering the cplr I'm sorry, yes. cplr. Eyes are going to simplify the public assistance and Medicaid overpayment recovery and collections process in New York and to provide due process and consumer protections for benefits recipients. Motion is to report two ways and means negative votes minority in the negative minority in the negative The bill is reported.

5837 Bijon Pierre would have been the gbl to require publisher to offer licenses under reasonable terms for electronic books to libraries. Motion is to report to rules. Negative votes, bill is reported 5864 C Corp would have been the banking law up to require persons engaged in the business of receiving money transmission or transmitting money to provide a clear, concise and conspicuous warning to consumers about potential fraud. Motion is to report to rules negative votes minority and the negative minority and the negative. The bill is reported 6057 A Burke would establish an annual infection control competency competency audit for nursing homes starting October 1 of this year. Most of this report two ways means negative votes minority and the negative minority in the negative bills reported 6069 abernant. He would have been the mental health law to create family Bill of Rights and privilege with regard to personal representation of an individual with developmental disabilities. motions to report two ways and means negative votes. minority in the negative nor in the negative Bill is reported 6177 A SEPTA mo would amend the environmental conservation law relating to the reducing relating to the reducing emissions of air pollutants from petroleum bulk storage facilities. Motion is to report to rules negative votes minority in the negative and are in the negative Bill's reported 6186. Griffin would require the New York Secretary of State to maintain records of certain standardized procedures for real estate brokers. Motion is to report to rules negative votes. The bills reported 6396 a poem would have been the mental health law, mental hygiene law in relation to providing an authorized police officer or peace officer the ability to request ambulance service for certain individuals who need emergency admission for immediate observation, care and treatment. The motion is to report to rules negative votes. bills reported 6529 a joiner would amend the labor law to require employers upon issuing an employment up employment opportunity to one disclose the compensation or a range of compensation to a job description and three, a general description of benefits and other forms of compensation offered for the position. The motion is to report to rules negative votes on a shadow in the negative Monticello Bill is reported 6608 john Rivera would enact the late lead based paint Disclosure Act. motion here is to report to rules negative votes. minority in the negative minority in the negative of the bill is reported 60 770 Weinstein would expand the type of damages that may be awarded to persons who have suffered the death of a loved one through the negligence of another person. Motion is to report to rules negative votes. The bill is reported 6866 john Pierre would increase the monetary limit on certain fines for discriminatory practices by a real estate broker from $1,000 to $2,000. The motion is to report two ways and means negative votes. The bill is reported 61 set 7163. Gunther would amend the mental hygiene law to require the director to provide a qualified person with copy of the written incident report within 10 days of a request of an incident. The motions to report to rules are the negative votes. Bill as reported 7256 john Rivera would amend the public service law to require Gas and Electric corporations to include classification of service, account number, meter number and website information on customer billing statements. Motion is to report to rules negative votes marinello and Julio in the negative.

Okay, the bill is reported. Step 285. Weinstein would amend the insurance law to create a private right of action to seek damages if an insurer unreasonably refuses to pay or unreasonably delays payments without substantial justification. Motion is to report to rules, negative votes or minority in the negative minority in the negative The bill is reported. 7310 a kusik would add three fentanyl analogues substances to schedule one and one fentanyl analog substance to schedule two of the controlled substances list. The motion here is to report to rules negative votes and negative when they Rosenthal negative. Any other negatives. The bill is reported. 7326 godfried would have been the Public Health Law in relation to protecting the confidentiality of vaccine information. Motion is to report to rules negative votes. Bill is reported I have an ID in the negative i don't think there's been an amendment yet as they're just the amended version. I don't see a letter F to the number I was my understanding that would be an amendment. Yes. And it hasn't been an amendment yet. Okay. So Abernathy in the negative. I guess if there's going to be an amendment it can be amended. On the floor. Well, yes. Can I ask about that? Okay, Lay it aside.

No, no, it's just a follow up. I thought there would be an amendment by now. Mr. Chair, if I may. Yes, I think you may be referring to an earlier bill by Mr. godfried. Bill or me.

Okay. Oh, yeah, that's the bill that says that people go on the registry unless they opt out.

That's correct. It was on our previous agenda. That bill was amended after codes. This is a different bill that relates to confidentiality of all vaccine information in the database. So Nevermind.

Okay, Tom, are you in nevermind, are you sorry, I draw my I withdraw my no on this. I'll solve your enemies. Although, thank you, the bill is reported. 7373 Bronson would have been the labor law to permit a group of employees who have been laid off or reasonably expect to be laid off to petition their employer in writing to participate in a shared work program for the purpose of rehiring any former employees laid off or to prevent the anticipated reduction in the workforce. Motion is to report to rules negative votes. Bill is reported 7436 a dealer Rossa would amend the real property tax law to provide that only properties assessed below a certain value or those that certify they will pay prevailing wage may receive a tax abatement. The motion is to report two ways and means negative votes The bill is reported. Hold on one second. Though it says does he hear them so that means you said you didn't he always says your video is stopped. Then click on start video.

We just have some technical difficulties. Just bear with us for one second.

Okay, sorry. Thank you. Oh look, you got 25 boxes and everything on your on you. Okay. Except I can't see me and I About what I mean maybe you can. Okay. How's this for a change of scenery? Okay, the last bill we did was de la Rosa, I assume we let let's just vote on it again, just in case the motion is to report to Ways and Means are there Negative votes? Okay, the bill is reported. I guess we need a new computer in my room. A 7477 raise would have been the labor law to enact chapter amendments to statutes requiring model standards of prevention of occupational exposure to an airborne infection disease. The motion is to report to rules, negative votes minus shadow and the negative mark the sono neg, in the negative The bill is reported. Hold on, I need my pan. A 7563. Meeks. This would have been the executive law to permit an individual to file a complaint with the Division of Human Rights either under oath or by declaration, as opposed to by verified complaint. Most of this report to rules negative votes. Bill is reported 7599 darling would have been the VTL to provide that a summons for operating a motor vehicle in violation of the prohibition on the unauthorized placing of posters on vehicle windshields could only be issued when there was reasonable cause to believe that the vehicle operator has also committed a separate violation. The motion is to report two rules, negative votes minority and the negative.

The bill is reported. 7601 darling would have been the Family Court Act to require that juvenile delinquents jadis no connection. Some Jeffrey dinner with JD arrested pursuant to a warrant be directly brought before the family court or an available magistrate. Motion is to report to rules are their negative votes.

Bill is reported

7613 stek. This would require the Commissioner of Oasis to promulgate regulations for the purpose of certifying recovery living residences. Motion is to report two ways and means negative votes. Those reported 7614 better data. This will address due process complaints that have been that have not been resolved in a timely manner to ensure students with disabilities receive an appropriate education. Motion is to report two ways and means negative votes. Bill is reported 7650 per charter would have been the banking a lot of require financial institutions to send a written notification of overdraft fees charged to account holders every 180 days as well as information on the account holders ability to negotiate the over craft overdraft charges. Motion is to report to rules negative votes minority in the negative nor in the negative Bill is reported 7667 Glick would amend the multiple dwelling law to require owners to provide essential services and habitability for interim multiple dwelling units and allows loft tenants to bring an action in a court of competent jurisdiction, including the housing part of the New York City civil court. Most of this reports are rules negative votes. The bill is reported 7668 engelbreit would amend the environmental conservation law with regards to deceptive misrepresentations that a product or package is recyclable. Motion is to report the ways and means negative votes. Bill is reported. 7681 a Fernandez would have been the Family Court Act to provide additional services to youth by extending the option of foster care re entry to youth who were discharged from the system prior to reaching age 18. To live with their parents or relatives. emotion is to report two ways and means negative votes. Those reported 7724 Meeks would amend the mental hygiene law and public health law to provide certain residential patients other departments facilities with Mental Hygiene legal services including a written service plan for patients. The motion is to report two ways and means negative votes. Those reported 7731 Gunther would add to the unconsolidated law to authorize the independent agency to have prompt access to records To a data of a facility that serves individuals with disabilities, or access to such a facility upon the receipt of complaint of an incident of abuse or neglect or instances related to an investigation of a violation against the rights of an individual with a disability who reside in the facility and is receiving services and support at such facility. Motion is to report this bill. Two rules are the negative votes. Bill is reported. 7733 Fahy would add to the unconsolidated law to permit restaurants. The use of municipal space for outdoor dining allows for control over permitted municipal property in close proximity. And in line of sight of the restaurant. And for the operation. They're of such entity with a license for on premises consumption. The motion is to report to rules. Negative votes. Bill as reported 7769 Weinstein. This bill will clarify let me just as a condition of doing business in New York foreign corporation must apply for authorization from New York's Secretary of State and designate the secretary of state as an agent for the service of process. And the bill here would clarify these acts of registering and designating constitute consent to do business in New York and consent of the jurisdiction of the New York courts to settle disputes. The motion is to report to rules. Negative votes minority in the negative minority in the negative The bill is reported. 7796 Meeks. This is an OCA proposal which would greatly limit the use of physical restraints, like leg shackles and similar restraints on children appearing in family court. The motion is to report to rules, negative votes in order in the negative minority in the negative The bill is reported. We have one bill that was latest ai 1463. Mr. marinelle? You had questions or comments?

I have a couple questions on this one. You and I discussed it and I discussed it with your staff. Though the bill actually says franchises but in many instances, there are non compete clauses that there is a contractual renumeration for my concern is that if this is interpreted differently, it will prevent corporations from negotiating with employees and entering into non compete clauses where there is substantial or sufficient renumeration. Number one you want to be listed as a sponsor on the amended very hob. Okay, number two the report against the bill. Todd, unmute. Okay. I'm sorry, Jeffery. Anything else? Right? Yeah, so I'm just I'm just concerned that this would prevent contractual relationships between employers and employees for non compete clauses, non revealing of confidential information that there is substantial or sufficient renumeration? And I haven't been even with your staff, that question still remains a little bit open. And I don't think we want to interfere with the contractual right of an employer or an employee to enter into agreements.

Well, I would certainly never want to interfere with a contractual right of an employee through two agreements. I'm not sure that this bill does that. I don't think but I'm going to turn it over to Marty.

Thank you, Mr. Chair. This bill doesn't prohibit all non compete clauses. This bill more narrowly provides that an employer can't restrict the person from applying to return to that business or to work in another business of the same company. Well, Marty,

under the law right now, New York State case law, isn't that against public policy, if they try at this point, if they're not being substantially renumerated for it?

Well, yeah, yes, there is some case law, that type the statute doesn't speak to it. So this is partly designed to put some of those restrictions in statute. But again, it's a narrower focus. It really just relates to the agreement that says that another company can't talk with you or can consider you. It would allow certain other non competes to continue.

I'm sorry, I thought Charles had something to say. Minority is going to I'm sorry, Jeffrey minority is going to be in the negative you can ask until I'm satisfied I'm comfortable that it doesn't prevent contractual relationships.

Well, first of all, you never have to apologize for being in the negative on a bill, even one of my bills, as long as you vote on the floor. Anybody else have anything to say? I put nobody else. Okay. The motion here is to report to rules, negative votes, minority in the negative for the reason I got in the negative, the bills reported. Thank you all very much for your patience. We zipped through that agenda. And I think now that we know we can do a 64 build agenda. I'm gonna push to the next agenda to be at least 100 bills. What do you think? Well, as long as I can get the bill passed, I don't care. Then we'll make it 99 bills. Okay. Come on. Give me one. Okay, thanks, everybody.