Plugged In @ Hinman Straub – August 16, 2019

What’s Inside

  • Governor Signs Workplace Harassment Legislation
  • Governor Signs Infant Safety Bills
  • Governor Signs Package of Homeowner Consumer Protection Bills
  • Governor Announces Funds to Establish Pre-K Programs in High Need Districts
  • Governor Signs Bill Enhancing Reporting Requirements of Child Abuse at Private Schools
  • Enforcement of Child Support through Suspension of Driving Privileges Extended for Two Years
  • Updates, Reminders, and Links
  • Coming Up

Governor Signs Workplace Harassment Legislation

This week Governor Cuomo signed legislation (S.6577/A.8421) to enact new workplace harassment protections. This legislation eliminates the restriction that harassment be “severe or pervasive” in order to be legally actionable; mandates that all non-disclosure agreements allow employees to file a complaint of harassment or discrimination; and extends the statute of limitations for employment sexual harassment claims filed from one year to three years.

Other provisions in the bill include:

  • Requires employers to provide their employees with notice about the employer’s sexual harassment prevention policy in English as well as the employee’s primary language;
  • Expands the coverage of the Human Rights Law to all employers in the state;
  • Extends protections against all forms of discrimination in the workplace to all contractors, subcontractors, vendors, consultants, or others providing services; and against all forms of discriminatory harassment to domestic workers;
  • Requires courts to interpret the Human Rights Law liberally regardless of the federal rollback of rights;
  • Prohibits mandatory arbitration to resolve cases of discrimination and harassment in the workplace;
  • Updates the power of the Attorney General to enforce the Human Rights Law; and
  • Requires a study on how best to build on recent sexual harassment prevention laws to combat all types of discrimination in the workplace and a review of sexual harassment policies every four years.

Governor Cuomo said:

“There has been an ongoing, persistent culture of sexual harassment, assault and discrimination in the workplace, and now it is time to act. By ending the absurd legal standard that sexual harassment in the workplace needs to be ‘severe or pervasive’ and making it easier for workplace sexual harassment claims to be brought forward, we are sending a strong message that time is up on sexual harassment in the workplace and setting the standard of equality for women.”

Senate Bill Sponsor Alessandra Biaggi said:

“In 2018 a group of former legislative staffers came forward to demand justice for the years of sexual harassment they endured at the hands of powerful lawmakers and state agencies – today we are taking that power and putting it in the hands of survivors and working people of New York. With the signing of this legislation, employers across all sectors will be held accountable for addressing all forms of sexual harassment and discrimination in the workplace, and survivors will be given the necessary time to report complaints and seek the justice they deserve. It has been such an honor to carry this bill and I am incredibly appreciative of Senate Majority Leader Andrea Stewart-Cousins and Governor Andrew M. Cuomo for their commitment to addressing this issue with open hearts and minds. Today New York stands as a beacon of hope for survivors across the country as we usher a movement into law, and take one step forward towards building a harassment-free New York for all.”

Governor Signs Infant Safety Bills

Governor Cuomo signed three bills aimed at protecting and creating a safer environment for infants in New York. The legislation includes the following:

  • Harper’s Law (1627B/A.4421B) clarifies existing law that retailers must sell new furniture that complies with federal or certain industry standards with respect to tipping risk, unless they offer for sale compatible tip restraint devices and post a notice informing consumers of the risk. The law is named after three-year-old Harper Ayva Fried of Monroe, who died in November 2016 when a dresser in her room tipped over, and takes effect on November 11, 2019.
  • Securing Furniture in Place (3563A/A.29A) requires that heavy dressers or tube style televisions are anchored in child day care centers and other child care facilities across the state. This law will take effect on February 9, 2020.
  • Crib Bumper Pads (3788A/A.217A) prohibits the sale of certain non-mesh crib bumper pads and restricts their use in certain facilities and places of public accommodation, unless a medical professional has determined a bumper pad is medically necessary for a particular child. This law takes effect on October 12, 2019.

Governor Cuomo said:

“As a father, I know full well that you never stop worrying about your child’s safety, no matter how old they are. These measures will help give parents peace of mind at a critical time in their child’s lives and will help ensure that their homes or daycare facilities remain safe and secure environments.” 

Governor Signs Package of Homeowner Consumer Protection Bills

Governor Cuomo signed a package of three bills aimed at protecting homeowners in New York. The legislation includes the following:

  • Deed Fraud and Mortgage Scams (5615/S.1688) – Expands the existing safeguards provided under the Home Equity Theft Protection Act (“HETPA”) by covering not only homes in foreclosure, but also homes that are in default. The bill also expands the disclosure of terms of distressed property consultant contracts and give homeowners additional time and information before deciding to transfer ownership of their home. The bill also establishes a process by which a district attorney can file a motion to quiet title in the supreme court of the appropriate jurisdiction on behalf of the homeowner following a criminal conviction. This bill takes effect immediately.
  • Payment of Homeowners’ Association Fees (4182/A.1800) – Requires holders of mortgages on vacant and abandoned residential properties to continue paying HOA and cooperative fees during the pending foreclosure. This bill takes effect immediately.
  • Bank Obligations During Sale of Mortgage (92A/S.5017A) – Requires that a bank or financial institution who enters into negotiations to modify a mortgage and sells or transfers the mortgage during the modification process be responsible for providing the borrower with a written list of all the documents relating to the loan modification that were furnished to the bank or financial institution to which the mortgage was sold or transferred. The bill also stipulates that if a borrower has been approved in writing for a modification to avoid foreclosure and the servicing of the borrower’s loan is sold or transferred to another mortgage servicer that the subsequent mortgage servicer be required to assume all duties and obligations related to any previously approved modification or other foreclosure alternative. 

Governor Cuomo said:

“These measures enact sweeping protections for homeowners and close loopholes in order to level the playing field and preserve the American Dream for New Yorkers in every part of this great state. With these new protections, we take one more step toward a fairer, stronger New York for all.” 

Governor Announces Funds to Establish Pre-K Programs in High Need Districts

Governor Cuomo announced $15 million in funding is available to establish pre-kindergarten programs for three or four-year-old students across New York. A preference in funding will be provided to high-need school districts that do not currently have a State funded pre-kindergarten program. In addition, preference will be given to districts that will be ensuring the inclusion of students with disabilities in integrated settings and programs are asked to maximize community based partnerships. The Request for Proposals is available here and applications will be accepted until September 18, 2019.

Lt. Governor Hochul said:

“Having access to an affordable, high-quality education is important, especially at an early age. This funding for pre-K programs across the State will provide access to high-need school districts and ensure that every child is given an equal opportunity. We’re committed to providing all children and families with an early childhood education to position them for future success.”

Governor Signs Bill Enhancing Reporting Requirements of Child Abuse at Private Schools

Governor Cuomo signed legislation (S.273A/A.5842) to include bus drivers to the list of mandated reporters of abuse in private schools. Under current law, bus drivers employed at public schools are required to report all allegations of child abuse. This new law expands that requirement to bus drivers employed by private schools. This bill is a chapter amendment to chapter 363 of the laws of 2018 and takes effect on the same date and in the same manner (6/5/19).

Senate Bill Sponsor Patrick Gallivan said:

“All children must be protected from abuse and individuals who interact with children in an education setting should be properly trained in how to recognize it, including school bus drivers. This legislation closes a gap in existing law and will help ensure that acts of child abuse, in any form, are reported to the proper authorities so those responsible for such despicable acts can be held accountable.”

Enforcement of Child Support through Suspension of Driving Privileges Extended for Two Years

Governor Cuomo signed legislation (S.6388/A.7788) extending the driver license suspension process for two years to further enforce child support obligations. This enforcement process allows the child support program to identify parents with a driver’s license who fail to pay child support and then notify them that their driving privileges will be suspended unless child support payments are made. The bill will extend this law through August 31, 2021.

Assembly Sponsor Rodneyse Bichotte said:

“I am pleased that NYS will continue this program for another two years. The enforcement of support through the suspension of driving privileges is an effective program, and the collaboration between the agencies will continue to help the children have their basic needs met and allow them to focus on living a healthy and productive life.”

Updates, Reminders, and Links

City & State NY’s Winners and Losers here.

Child Victims Act one year lookback window now open.

Governor Cuomo pushes for a new domestic terrorism bill.

City & State NY’s New Room, New Rules here.

Former IDC members Savino and Carlucci’s productive session here.

U.S. Rep Tom Suozzi gets a primary challenger.

Coming Up

The New York City Regional Economic Development Council will hold an information session on the Workforce Development Initiative on August 20.

The Joint Senate Task Force on Opioids, Addiction & Overdose Prevention is holding a roundtable discussion in Madison County that will focus around challenges faced by rural communities on August 26 at 11:00 AM in the Madison County Board of Supervisors Chambers in Wampsville, NY.

The Board of Regents will hold its next meeting on September 9 and 10.

The Senate Codes Committee will hold a public hearing on Implementation of Discovery Reform (S1509 – Part LLL) on September 9.

JCOPE will hold its next meeting on Tuesday, September 10.

A Joint Legislative Commission on Rural Resources and Assembly Standing Committee on Local Governments public hearing on rural broadband will be held on September 17.

The PSC will hold its next meeting on Thursday, September 19.

The Senate Codes Committee will hold public hearings on Policing (S3695) on October 17 and October 24.