Governor David A. Paterson signed into law more than one hundred and thirty bills, including two Governor’s Program Bills, the first of which will lead to better protections against identity theft and the second to spur a major redevelopment project that will help to revitalize the Catskill Region.
"This was a historically productive legislative session, and today we begin enacting some of the agreements that were passed. Many of these laws will improve the lives of residents in New York State in a tangible way," said Governor Paterson. "We have a responsibility in government to enact laws that make our state a better place to live and work. These bills achieve this in a sweeping fashion."
New York State’s identity theft laws will be enhanced in a variety of ways with the aid of a new law signed by Governor Paterson. It will restrict the ability of employers to use an employee’s personal information and provide victims of identity theft with state assistance to help fix the damage caused by identity theft. The bill also enables victims to obtain restitution equal to the value of the time they spend addressing the consequences of the identity theft.
A new Video Lottery Terminal (VLT) gaming facility will be built at the current site of the Concord Hotel. The law will create 2,000 permanent jobs, lower the tax rate on VLT revenue at the resort in return for a one billion dollar investment, and increase education funding. This new Monticello project must be completed by January 31, 2011, and will provide a minimum of $38 million annually, twice the amount currently expected to be generated at the VLT’s current location at Monticello Gaming and Raceway.
Other bills that were signed into law by Governor Paterson include:
* Price Gouging Civil Penalty Increase
– More than doubles the size of maximum civil penalties for price gouging, raising fines from $10,000 to $25,000.
* Prohibition of Smoking in College Dormitories
– Adds college and university residence halls to the existing state ban on smoking in certain locations.
* New York City "Block the Box" Enforcement
– Creates a new parking violation for drivers who block cross-traffic at intersections in New York City, which will allow this violation to be enforced by both traffic agents and police officers.
* FOIL Improvements
– Modernizes the Freedom of Information Law (FOIL) through provisions that reflect advances in information technology, judicial determinations and advisory opinions prepared by the Committee on Open Government. The law also provides guidance to agencies and the public about the costs related to providing access to electronically maintained information.
* Real Property Tax Exemption Impact Reports
– Requires local governments to prepare and publicly post reports on the impact of property tax exemptions when adopting their annual budgets.
Governor Paterson also signed five separate bills that, taken together, represent a package of reforms aimed at assisting those New Yorkers who are serving in the armed forces. The laws will aid those men and women while they are stationed overseas and help in easing the transition back into civilian life in New York.
* ID Theft – Armed Forces– Enhances criminal penalties for identity theft when the perpetrator knows that the victim is serving in the armed forces overseas.
* Extension of Acceptance of Military Ballots
– Extends the time allowed for receipt of military absentee ballots for a general election from seven to 13 days. This law expires on December 31, 2009.
* Public Servant Soldier Salary Act
– Extends the Military Benefits Program (EMBP) offered by New York City or other municipalities to its employees who are called into active military service. In situations where the service time is longer than 60 days, the municipalities are free to devise their own programs to make up the difference for those whose salaries earned while in service are less than their municipal salary.
* Make-up Civil Service Examinations for Returning Veterans - Allows members of the armed forces who miss the application deadline – due to active military duty – for a scheduled State civil service examination to compete in an upcoming examination or in a special military make-up exam.
* Extended Certification for Emergency Medical Technicians after Military Duty
- Extends an individual’s certification as an emergency medical technician, advanced emergency medical technician, or certified first responder if the certification would expire within six months after the individual’s separation from active military duty.
The Governor also intends to veto the following 16 bills:
Assembly Bills
* Personal Property (A. 361-A) - Requires that surplus state personal property be offered for sale to municipalities.
Reason: This bill was made redundant by the Procurement Stewardship Act Governor Paterson signed earlier this week.
* Hearing Postponements (A. 695)
- Expands circumstances under which a motorist may request and obtain an adjournment of traffic violation hearings.
Reason: The bill creates unintended consequences for motorists. For example, a motorist may believe that they request a postponement and have their license suspended for failure to appear.
* Binding Arbitration for Safety and Security Officers (A. 1804-A)
- Extends binding arbitration for issues related to compensation only, to security and safety officers employed by the Office of Mental Health, the Department of Health and the Office of Mental Retardation and Developmental Disabilities.
Reason: The bill represents a significant expansion of binding arbitration, and would impose a significant constraint on the executive’s control over the collective bargaining process.
* Binding Arbitration for Security Hospital Treatment Assistants (A. 9719)
- Extends binding arbitration solely to Security Hospital Treatment Assistants.
Reason: This bill represents a significant expansion of binding arbitration, and would impose a significant constraint on the executive’s control over the collective bargaining process.
* Cold War Medal (A. 5156)
- Seeks to authorize a medal for veterans of the Cold War.
Reason: Would have a cost of possibly $18 million. Also, this issue was raised in the US Congress in 1998 and was not authorized.
* Militia Plate Fee (A. 6479)
- Eliminates a one-time service charge for the issuance of distinctive plates for members of the New York state militia.
Reason: Not fiscally prudent, and would be providing this for one group without doing so for other similarly situated groups.
* Civil Service Directors (A. 8473-A)
- Would alter the jurisdiction of local Civil Service commissions over the position of director of facilities for school districts in 6 counties.
Reason: It removes jurisdiction over such positions from local Civil Service Commissions to the Department of Civil Service. It exempts certain current employees from needing to take competitive examinations for 3 years.
* Onondaga Surcharge (A. 9242-A)
- Would exempt Onondaga County from the limitations of County Law and permit it to impose an additional surcharge.
Reason: Treats Onondaga County differently than other counties and allows it to operate outside of the normal statutory scheme. It places the amendment in consolidated law rather the in the applicable statute, and contains technical defects.
* Expanded Membership (A.9355)
- Would add the Adjutant General and the Director of the Division of Veterans’ Affairs to the Interagency Geriatric Mental Health Planning Council.
Reason: This bill was made redundant by A.10934 which has been delivered and is currently awaiting action.
* Independent Hearing Officers (A.10345)
- Amends Civil Service Law to require all public employees be given a hearing before an independent hearing officer prior to dismissal.
Reason: This bill would significantly change public employee discipline and would undo hundreds of collective bargaining agreements. Similar bills were vetoed 7 times by former Governors Cuomo, Pataki and Spitzer.
Senate Bills
* Zoning Fee (S.1132)
- Would authorize towns and villages to impose fees to recover the direct costs of reviewing zoning applications.
Reason: As drafted, the bill could be viewed as barring towns and villages from utilizing fee structures other than the one specifically authorized by the bill.
* Public Works Advisory Board (S.1629-A)
- This bill would change the allocation of appointments to the Public Works Advisory Board significantly reducing the Governor’s appointment authority.
Reason: The bill creates separation of powers problems.
* MTA Garbage (S.6737-A)
- Grants local governments outside of New York City jurisdiction operating a "solid waste management facility".
Reason: As general rule such laws and ordinances are preempted by federal Interstate Commerce Commission Termination Act. Similar bills were vetoed by former Governors Pataki and Spitzer.
* Geriatric Mental Health Act Expansion (S.6817)
- Expands the scope of the Geriatric Mental Health Act to include chemical dependence and veterans issues.
Reason: Similar to A.9355 above, this bill was made redundant by A.10934.
* Labeling of Apparel (S.6860)
- Amends Labor Law to require the Commission of the Department of Labor to develop a label which businesses could use to indicate that apparel they sell is made without the use of abusive labor practice.
Reason: It is unclear the means by which DOL could determine whether a business warranted such a label. If one were given to a business, it would be impossible for DOL to monitor compliance.
* Protective Order Notice (S.6906)
- Amends criminal procedure law relating to notification to victims of orders of protection.
Reason: This bill has major flaws including: 1) it is unclear how victims would be notified; and 2) it is designed to address a real problem in family court but applies only to criminal court.
