Plugged In @ Hinman Straub – August 30, 2019

What’s Inside

  • State Supreme Court Denies Motion to Halt Enforcement of Law Repealing Religious Exemptions for Vaccines
  • Governor Signs Bill to Increase IDA Transparency
  • Governor Signs Legislation to Bolster Martin Act
  • Governor Issues Letter Urging Investigation into National Grid’s Natural Gas Moratorium
  • Governor Signs Large Batch of Bills
  • Mayor of Sackets Harbor Resigns to Join Cuomo Administration
  • Updates, Reminders, and Links
  • Coming Up

State Supreme Court Denies Motion to Halt Enforcement of Law Repealing Religious Exemptions for Vaccines

This week, a State Supreme Court judge denied a preliminary injunction that would have temporarily enjoined the State’s enforcement of the newly enacted law to end religious exemptions for vaccines for children attending public and private schools, until a final ruling on the case is issued. Judge Denise Hartman concluded that while the plaintiffs were able to demonstrate irreparable harm, they were not able to demonstrate the balance of equities tipped clearly in their favor. As such, the motion would be determined by the likelihood of success based on the merits. Ultimately, Judge Hartman cited legal precedent supporting compulsory vaccination laws, and found it was unlikely the plaintiffs challenge to the new law would prevail on the merits. As a result, the Judge denied the preliminary injunction.

Michael Sussman, attorney for the plaintiffs, said they would appeal the decision to the Appellate Division, Third Department in Albany and seek a hearing before the panel as soon as possible.

Governor Signs Bill to Increase IDA Transparency

Governor Cuomo signed legislation (S.88/A.3002) requiring industrial development agencies to live stream in real-time and post video recordings of all open meetings and public hearings. The video recordings must be posted online within five business days of the meeting or hearing and remain available for at least five years.

Governor Cuomo said:

“Industrial development agencies are tasked with revitalizing communities and fostering economic growth at the local level, but most New Yorkers don’t have time to attend meetings and participate in the process. This new measure will help foster civic engagement and get more residents involved in the meetings and hearings that will ultimately have a huge impact on the future of their communities.”

Governor Signs Legislation to Bolster Martin Act

Governor Cuomo signed legislation (S.6536/A.8318) restoring the six-year statute of limitations under the Martin Act. The Martin Act gives the New York Attorney General broad powers to investigate and bring civil or criminal actions for fraudulent securities practices. Unlike the requirements for a plaintiff proving fraud under New York common law, the Attorney General does not need to prove scienter or reliance (intent to defraud or a justifiable dependence on another’s representation) in a civil action under the Martin Act. Instead the Attorney General must prove only: a false or misleading statement or omission that was material and made in connection with issuance, distribution, exchange, sale, negotiation or purchase of securities or commodities within or from New York State.

Previously, the Martin Act was applied with a six-year statute of limitations, however, in 2018 the Court of Appeals held that claims by the New York Attorney General for fraud under the Martin Act, are subject to a three-year statute of limitations for statutory claims, because the Martin Act imposes liabilities that “did not exist at common law.”

Governor Cuomo said:

“At a time when the Trump administration is hell-bent on rolling back consumer financial protections, New York remains dedicated to preventing and prosecuting fraudulent financial activity. By restoring the six-year statute of limitations under the Martin Act, we are enhancing one of the state’s most powerful tools to prosecute financial fraud so we can hold more bad actors accountable, protect investors and achieve a fairer New York for all.”

Attorney General James said:

“If Main Street has to play by a set of rules, then so must Wall Street. This law strengthens two of our most critical tools in holding corporate greed accountable and delivering justice for victims of financial fraud. As the federal government continues to abdicate its role of protecting investors and consumers, this law is particularly important. New York remains committed to finding and prosecuting the bad actors that rob victims and destabilize markets. I thank the bill’s sponsors, Senator Gianaris and Assembly Member Carroll, legislative leaders, and Governor Cuomo for helping to make this important bill the law of the land.”

Governor Issues Letter Urging Investigation into National Grid’s Natural Gas Moratorium

This week, Governor Cuomo issued a letter to the Department of Public Service in response to reports of National Grid refusing service to certain gas customers. Earlier this year, due to supply constraints, National Grid imposed a moratorium on all new natural gas service in parts of Brooklyn and Long Island. The Governor’s letter directed the department to investigate National Grid’s refusal of service and ensure that National Grid immediately provide service to customers who were improperly refused and directs the department to impose penalties and sanctions as deemed appropriate. The Governor also directed the department to consider alternatives to National Grid as a franchisee if they are unable to provide safe and reliable service to existing customers or unable to plan appropriately to provide service to new customers.

Full text of the letter:

“The Department of Public Service is investigating National Grid’s implementation of its moratorium on service to certain natural gas customers. My Administration has received reports that National Grid is refusing service to some customers who initiated new construction projects well before National Grid’s announcement of its moratorium, including affordable housing developments. If these reports are accurate, National Grid is delaying, if not denying, services needed to shelter disadvantaged families.

“We have also received reports of incidents in which customers requested suspension of their natural gas service in order to make building renovations, and upon seeking resumption of service, were refused by National Grid – including reported denials of service to homeowners, to small businesses, and to at least one nonprofit organization operating a senior center. If these reports are accurate, National Grid’s refusal to resume service could endanger the health and safety of New Yorkers. Affected homeowners likely include families without the means to secure alternative residences, and National Grid’s refusal of service could deprive these families of heat as temperatures fall. In the case of the nonprofit, National Grid’s refusal to resume service could leave seniors without a safe place to receive meals and companionship.

“I direct you to broaden your ongoing investigation to include investigation of these reported incidents. If you find that National Grid is refusing service in the circumstances described above, I direct you (1) to take any steps within your authority to ensure that National Grid immediately provides service to customers affected by such refusals, as appropriate, and (2) to impose appropriate penalties and sanctions. Further, if National Grid is unable to provide safe, affordable and reliable service to existing customers, or is unable to properly plan so that it is able to serve new customers, I direct you to consider alternatives to National Grid as franchisee for some or all of the areas it currently serves.”

Sincerely,

Governor Andrew M. Cuomo

Governor Signs Large Batch of Bills

  • Chapter 187 (4070b/A.2577b) – Requires 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.
  • Chapter 188 (3281a/A.5059a) – Authorizes the sale of cider, mead, braggot and wine at games of chance.
  • Chapter 189 (3404/A.2218a) – Extends the provisions authorizing the town of Greenburgh and specified villages in the towns of Greenburgh and Mount Pleasant to adopt a local law to impose a hotel/motel occupancy tax.
  • Chapter 190 (4116/A.2221) – Extends the effectiveness of provisions of law relating to temporary retail permits issued by the state liquor authority; extends provisions from 2019 to 2020.
  • Chapter 191 (2042/A.6091) – Relates to the appointment and promotion of supervisors of the emergency medical service.
  • Chapter 192 (5603/A.7568) – Extends certain provisions relating to the public library construction grant program to 2023.
  • Chapter 193 (1191/A.838) – Amends a chapter of the laws of 2018 relating to the establishment of a pilot program to provide job and vocational skills training to youth who have been adjudicated juvenile delinquents or juvenile offenders residing in a facility overseen by the office of children and family services, in relation to making certain provisions permanent; and providing for the repeal of provisions upon the expiration thereof.
  • Chapter 194 (1193/A.1615) – Relates to requiring notification of the appointment of a temporary operator in certain adult care facilities.
  • Chapter 195 (1194/A.1914) – Amends a chapter of the laws of 2018 creating the digital currency task force to increase the members from 9 to 13.
  • Chapter 196 (1195/A.1913) – Authorizes the commissioner of children and family services to conduct a study on the effects of trauma on child development and learning.
  • Chapter 197 (1196/A.1916) – Relates to artificially deflating or otherwise lowering cost data used for adjusted claims, or using cost data that is not appropriate for the region of the state where the loss occurred.
  • Chapter 198 (1263/A.3635) – Includes mead in various alcohol taxes and licenses.
  • Chapter 199 (1276/A.2634) – Permits physicians who are licensed in another state or territory to provide medical services to athletes and team personnel at team sporting events in New York, provided such services are provided only to those athletes and team personnel at the team sporting event.
  • Chapter 200 (2039/A.7124) – Relates to registration fees and continuing education requirements for license renewal.
  • Chapter 201 (2040/A.4311) – Relates to public notice before approval of utility transmission facilities.
  • Chapter 202 (2043/A.4947) – Amends provisions of a chapter of 2018, extending provisions of law relating to catastrophic or reinsurance coverage issued to certain small groups, as proposed in S.8995 and A.11014.
  • Chapter 203 (2044/A.5312) – Relates to the department of agriculture and markets making available information concerning minimum guidelines for vegetation management plans in a manner that is pollinator friendly.
  • Chapter 204 (3708/A.5269) – Extends the effectiveness of the occupancy tax in the town of North Castle to 2022.
  • Chapter 205 (3755/A.4983) – Extends the effectiveness of the occupancy tax in the village of Harrison.
  • Chapter 206 (4355/A.6752) – Requires the office of parks, recreation and historic preservation to install Lyme and tick-borne disease warning signs at all state-managed parks including trail entryways and campgrounds, as deemed necessary based on an assessment by the office, due to the increased presence of such diseases within the state.
  • Chapter 207 (4356/A.6186a) – Relates to mental health and substance use disorder parity reporting; repeals provisions in relation thereto.
  • Chapter 208 (4944a/A.6991a) – Permits members of the Fair Harbor fire district to adopt a resolution changing the date for the nomination of the chief and assistant chiefs of such fire department.
  • Chapter 209 (5052/A.7047) – Relates to salary adjustments according to plan and step-ups or increments.
  • Chapter 210 (5082/A.6473) – Extends the occupancy tax in the village of Tuckahoe until September 1, 2022.
  • Chapter 211 (5083/A.6554) – Extends the village of Rye Brook occupancy tax for three years.
  • Chapter 212 (6256/A.7969) – Extends provisions of law relating to the use of electronic means for the commencement and filing of papers in certain actions or proceedings until September 1, 2020.
  • Chapter 213 (S.6314/A.7603) – Extends current exemptions of income and resources for public assistance programs under the welfare reform act of 1997.

Mayor of Sackets Harbor Resigns to Join Cuomo Administration

Molly Reilly, the Mayor of Sackets Harbor, announced to local media her intention to resign and assume a role in the Governor’s administration. Ms. Reilly released a statement announcing that Governor Cuomo has appointed her Assistant Secretary for Intergovernmental Affairs.  She will join the Executive Chamber to serve in that role beginning on September 3rd.

Updates, Reminders, and Links

City & State NY’s Winners and Losers here.

Second Judge strikes down outside income ban on New York lawmakers.

Coming Up

A Joint Assembly and Senate public hearing on the electric power system reliability will be held on September 3.

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.

Joint Senate Task Force on Opioids, Addiction and Overdose Prevention will hold a public hearing to hear from stakeholders on strategies for reducing overdoses, improving individual and community health, and addressing the harmful consequences of drug use on November 15.