Legislative Session Resumes
June 2nd, 2020
After a seven-week hiatus, the legislature resumed session this week to pass legislation related to the COVID pandemic. Some members were physically present in the chamber while others participated remotely. While some members suggested the legislature would return to Albany to continue this legislative session, leadership made no formal announcement. In total, 32 bills passed both houses, including the following:
Consumer Financial Relief
Residential Eviction Protections (S8192-B Hoylman/A10290-B Dinowitz) – This Bill prohibits courts from issuing a warrant of eviction or judgment of possession against a residential tenant or lawful occupant that suffered financial hardship during the “COVID-19 covered period” for the nonpayment of rent that accrues or becomes due during the COVID-19 covered period.
Residential Mortgage Forbearance (A10351-B Rozic/S8243-C Kavanagh, as amended by A10530 Mosley/S8428 Parker) – This Bill requires New York state-chartered banks and state-regulated mortgage servicers to grant up to 180 days of mortgage payment forbearance (plus an additional 180 day extension) to residential mortgagors who are in arrears or on a trial plan or who have applied for loss mitigation and demonstrate financial hardship during the covered period. A subsequent chapter amendment made significant changes to the original bill, scaling back the definition of qualified mortgagor and providing more options for repayment.
Emergency Rent Relief Act (S8419 Kavanagh/A10522 Cymbrowitz) – This Bill establishes an Emergency Rent Relief program to provide rental assistance vouchers directly to landlords on behalf of tenants who experienced an increase in rent burden because of a loss of income as a result of the COVID pandemic. The Bill calls for the program to be funded with up to $100,000,000, consisting of funds allocated to New York by the Federal CARES Act that have not otherwise been obligated.
Utility Termination of Services Moratorium – State Disaster Emergency (A10521 Mosley/S8113-A Parker, as amended by 10530 Mosley/S8428 Parker) – This Bill prohibits all utilities from terminating or disconnecting the services of residential customers for the non-payment of an overdue charge during the declared state disaster emergency under Executive Order 202. For a period of 180 days after the state of emergency is lifted or expires, utilities cannot terminate or disconnect service because of arrears owed, or a defaulted deferred payment agreement, if such arrears or default are due to a change in financial circumstances that occurred during the declared state disaster emergency. A subsequent chapter amendment made clarifying changes and added an expiration date of March 21, 2021.
Filing Deadline Extension for Real Property Tax Abatement Programs (A10241-A Hyndman/S8122-B Comrie) – This Bill authorizes all municipalities statewide to extend the filing deadline to July 15, 2020 for applications and renewal applications for any real property tax abatement program or real property tax exemption program, provided the municipality adopts a local law, ordinance or resolution to that effect.
Property Tax Deferral (S8138-B Martinez/A10252-A Stern) – This Bill amends the Real Property Tax Law to authorize special deferments and installment payments applicable to all real property for the duration of the declared state disaster emergency under Executive Order 202.
Building Permit Extension (A10409-A McDonald/S8236-A Gaughran) – This Bill allows local governments to pass a resolution to extend the expiration of a building permit or local zoning boards of appeals and local planning boards active approvals, issued before March 7, 2020, for a period of up to 120 days.
Health Care
Price Gouging of Medical Supplies and Services (S8189 Hoylman/A10270 Rozic) – This Bill amends New York’s statue governing price gouging of consumer goods by expanding it cover essential medical supplies and services and other goods or services used to promote the health or welfare of the general public.
Nursing Home Pandemic Emergency Plan (S8289-B Salazar/A10394-A Lentol) – This Bill requires nursing homes to prepare and submit to the Department of Health (DOH) an annual pandemic emergency plan, subject to the review and approval by the Commissioner.
Health Care Employee Whistleblower Protections (S8397-A Savino/A10326-A Reyes) – This Bill amends the Labor Law to expand existing whistleblower protections for health care employees by prohibiting employer retaliation if an employee reports improper quality of patient care or improper quality of workplace safety to a news media outlet or social media forum.
Audio-Only Medicaid Telehealth Services (S8416 Metzger/A10404-A Rosenthal) – This Bill codifies current Medicaid Telehealth Guidance to authorize reimbursement for audio-only telephone communications under Medicaid, subject to the approval of the Commissioner of Health as a modality for Medicaid and the Child Health Insurance Plan (CHP).
Pharmacist Administration of COVID Vaccine (S8182-A/A10508-A Paulin) – This Bill authorizes licensed pharmacists in New York to administer an approved COVID-19 vaccine pursuant to a non-patient specific order.
Cultural Diversity of COVID-19 Contact Tracers (S8362A Serrano/A10447-A Joyner) – This Bill requires any contact tracer employed, after the enactment of this legislation, to perform contact tracing pertaining to COVID-19 infections within the City of New York be representative of the cultural and linguistic diversity of the communities in which they serve.
Study on Health Impacts of COVID on Minorities (S8245-A Parker/A10517 Aubry) – This Bill requires DOH to conduct a study on the differential health impacts of COVID-19 on racial and ethnic minorities in New York State.
OASAS Commissioner Included in Disaster Preparedness Commission (S8363 Harckham/A10509 Rosenthal) – This Bill requires the Commissioner of the New York State Office for Addiction Services and Supports (OASAS) to serve as a member of the Executive’s Disaster Preparedness Commission.
Education
State Aid to Schools for Closure Due to COVID-19 (S7996-B Carlucci/A10189-A Ortiz) – This Bill relates to requirements for school districts to be in session for a minimum of 180 days (known as the “180-Day Rule”) in order to receive full apportionment of foundation aid, to preclude any days that the school was closed as a result of a district’s decision to close in order to preserve the health and safety within the school district during the response to the COVID-19 pandemic.
Aid for Library Construction (S8410 Mayer/A10465 Ryan) – This Bill provides a twelve-month extension of aid funding for approved library construction projects which may not meet their statutory completion date because of delays due to the declared state disaster emergency under Executive Order 202.
Labor and Employment
Suspending the Forfeiture of Unemployment Benefits During COVID (S8275-A Martinez/A10348-A Rosenthal, L.) – This Bill authorizes the suspension for forfeiture days of unemployment insurance benefits without penalties, effect for benefit claims on and after May 11, 2020 for the duration of the declared state disaster emergency under Executive Order 202.
Service Points Award Program for Certain First Responders (S8251-B Kaminsky/A10438-A Thiele) – This Bill authorizes the crediting of up to five additional service points per month toward Length of Service Award Programs for active volunteer firefighters and active volunteer ambulance workers, addressing the changes in protocols and restricted opportunities to earn credits as a result of the declared state disaster emergency under Executive Order 202.
COVID-19 Public Employee Death Benefit (A10528 Abbate/S8427 Gounardes) – This Bill would provide an accidental death benefit for the statutory beneficiaries of public employees (state and local) who died of COVID-19.
Business Corporations and Not-for-Profit Corporations
Remote Participation in Board Meetings (S8412 Benjamin/A10489-A Paulin) – This Bill codifies the ability of businesses, not-for-profit corporations, and religious institutions to conduct board meetings via electronic communications for the duration of the declared state disaster emergency under Executive Order 202.
Utilizing Technology in Cemetery Lot Sales (A7652-A Paulin/S8408 Comrie) – This Bill would amend the Not-for-Profit Corporation Law to provide the option for cemetery corporations to enter into contracts with third party vendors to provide a website or web-based portals for cemeteries to offer their lots and related services such as mausoleums, merchandise, wares, goods or articles.
Small Businesses
State Disaster Emergency Loan Program (A10294-A Stirpe/S8181-A May) – This Bill creates a State Disaster Emergency Loan Program to allow Industrial Development Agencies (IDAs) to make loans of up to $25,000 to eligible small businesses, including not-for-profit organizations, that employ no more than 50 employees.
Government Fiscal Relief
NYC Revenue Stabilization Fund (S8400 Benjamin/A9789-A Braunstein) – This Bill amends the State General Municipal to authorize the establishment of the NYC Revenue Stabilization Fund. The fund would allow for deposits and withdraws to be treated and revenues and expenses respectively, for the fiscal years in which they were made. The fund balance would not be taken into consideration when determining the fiscal year deficit and any surplus of NYC would be deposited into the fund though not be considered an expense.
NYC Administrative Code Tax Amendments (S8411 Jackson/A10519 Weinstein) – This Bill decouples the City unincorporated business corporation tax (“UBT”), the City general corporation tax (“GCT”), the City business corporation tax (“BCT”) from certain amendments made by the CARES Act to the Internal Revenue Code (IRC), for taxable years beginning before January 1, 2021.
Local Government Financial Relief – Bond Anticipation Notes 2015-2021 (S8417 Krueger/A10492 Thiele, as amended by A10530 Mosley/S8428 Parker) – This Bill amends the Local Finance Law to expand the available options for financial relief for municipalities to include an extended rollover period, 7 years, for bond anticipation notes issued between 2015 through 2021.
Criminal and Civil Procedure
Hearings on Felony Complaints (S8414 Bailey/A10493 Lentol, as amended by A10530 Mosley/S8428 Parker) – This Bill amends the Criminal Procedure Law to authorize audio-visual appearance of any party or witness at preliminary hearings in felony cases during the declared state disaster emergency under Executive Order 202.
Repealing Face Coverings Ban (A10446-C Quart/S8415 Bailey) – This Bill repeals a section of the Penal Law which prohibited being masked or disguised by unusual or unnatural attire for facial alteration in a public place, unless it occurs in connection with a masquerade party or city-sanctioned event.
Extends Time to File a Claim of Child Sexual Abuse (S7082 Hoylman/A9036 Rosenthal, L.) – This Bill amends the State Civil Practice Law to extend, by one additional year, the existing time frame to file a claim of child sexual abuse, for a total of two years and six months from the enactment of the original act known as the Child Victims Act.
Transportation
Paratransit Services Within NYC and Rest of State During COVID-19 (S8119-C Comrie/A10303-B Dinowitz) – This Bill amends the State Transportation Law to extend the period of validity of paratransit certification to August 31, 2020, for all individuals eligible to receive paratransit services under the Americans with Disabilities Act whose certification would have otherwise expired between March 31, 2020 and July 31, 2020, where such eligibility determination would be based solely on the written application and medical documentation until August 31, 2020.
Elections
Electronic Application for Absentee Ballots (S8130-D Myrie/A10516-A Simotas) – This Bill allows voters to request an absentee ballot by electronic mail, an electronic transmittal system or a web portal established by the state board of elections or city or county board of elections. The bill removes the requirement that any absentee ballot application, whether submitted electronically or in the traditional manner, be signed by the voter.
What’s Next
According to reports, the legislature is considering another return to session in the next few weeks. The Senate and Assembly are considering a package of police reform bills.