2008 Chapter & Veto Summary
2008 Legislation Impacting Higher Education
- Approved by the Both the Senate and Assembly -
Chapter Laws: 8-113,
Chapter Laws of 2008
Relates to guaranteeing payment of prevailing wages to the workers of New York state and revises the process and increases penalties for violations of the New York state prevailing wage laws.
Relates to compensation benefits and other terms and conditions of employment of management confidential state officers and employees and implements agreements between the state and CSEA.
Requires that workers receive written notification of the prevailing wage rates and supplements.
Allows third parties to make contributions to a 529 account owner's New York state college choice tuition savings account and allows only the account owner to take the tax exclusion.
S.6517 Johnson, O
Provides government entities with an exemption from certain sales tax on fuel purchases by allowing a credit card issuer or fuel distributor to apply for the refunds or credits for which an exempt government entity would otherwise be eligible.
Relates to the civil service status of employees of the New York state foundation for science, technology and innovation to explicitly provide civil service protections for newly-hired employees originating from other than State agencies.
Implements the UUP agreement to provide for adjustment of salaries in the state university.
Specifies compensation, benefits and other terms and conditions of employment of certain state officers and employees; implements agreements between the state and PEF.
Extends the expiration of the definitions of work activities and certain work study and internship positions until June, 2010.
Updates and modernizes the State Procurement Stewardship Act which governs the method the state purchases goods and services.
Prohibits smoking in dormitories, residence halls, and other group residential facilities.
Requires the Municipal Police Training Council to develop procedures to enhance police officer recruitment efforts and to increase police awareness of racial, ethnic, religious and gender issues.
Enacts provisions governing the ownership and management of properties owned by or lent to museums other than the state museum and requires deaccessioning to be consistent with the museum's mission statement with the proceeds of deaccessioning to be used for the existing collections, not operating expenses.
Requires that a qualified nurse be present in an operating room for the duration of the operative procedure.
Expands the disclosure requirements of regulatory agendas which are to be published in the state register.
Relates to the waiver of certain clinical laboratory tests from clinical laboratory permit requirements and to the licensure of clinical laboratory practitioners.
Requires mandatory continuing education for the practice of physical therapy.
Implements terms of contract between City University of New York and its employee organizations – DC 37, SEIU, and others.
Provides that a person may request a copy of a public record in a form other than paper and that the cost of reproducing a record may include the hourly salary paid to agency employees to reproduce the record, the cost of the storage device or media provided to the person making the request and the cost of engaging an outside organization to produce a copy of the record.
Authorizes the issuance of a one-time or annual permit to an institution of higher education to have alcoholic beverages delivered for a class or course.
Provides that a surrogate decision-making committee shall act as guardian of a mentally retarded person who otherwise has no other person to act as a guardian for the purpose of making a decision to withhold or withdraw life-sustaining treatment and provides for nonbinding dispute mediation when a party objects to a decision relating to life sustaining treatment of a mentally retarded person.
Creates an advisory council on underage alcohol consumption which will study incidents of underage consumption of alcoholic beverages, analyze existing responses by government to underage drinking, conduct public hearings and make recommendations regarding educational programs for children, training for law enforcement agencies, and statutory changes needed to address underage drinking.
Authorizes the city university of New York to implement the terms of an agreement between it and its employee organization – PSC.
S. 6897 Padavan
Extends tuition waiver program for police officer students of the city university of New York.
Allows employees of public authorities, public benefit corporations and boards of cooperative educational services a paid excused leave for breast cancer and prostate cancer screenings.
Expands the board of trustees of the fashion institute of technology from 10 to 16 trustees over three years.
Relates to petroleum and chemical storage facilities with regard to federal regulations governing underground storage tanks, and to comply with the federal Energy Policy Act of 2005 with respect to petroleum bulk storage (PBS) and or chemical bulk storage (CBS) facilities.
Removes expiration dates of certain chapters relating to rights extended by a public employer to an employee organization in certain cases making the agency shop fee permanent for public employees under the Taylor Law.
Authorizes research institutions, such as The Trudeau Institute, Rome Laboratories and Brookhaven National Lab, to be eligible to obtain grants under NYSTAR's research development program to support their research.
Requires that, whenever practicable, an agency make information available to the public electronically.
Enacts the "textbook access act" to ensure that college students in New York State have better access to affordable textbooks.
Restricts consecutive hours of work by nurses in that no such employer shall require a nurse to work more than that nurse's regularly scheduled work hours except in certain specified emergency situations.
A.1975 Diaz, R
Relates to the online posting by state agencies of its subject matter list and requires the list to be updated at least annually.
Authorizes certain institutions (Villa Maria College in Cheektowaga) to receive BUNDY aid for earned associate degrees even after being authorized to confer earned bachelor's degrees during the period from May 1, 2005 to June 1, 2005.
Allows leaves of absence to local municipal employees elected to serve their employee organizations
Provides that a restricted dental faculty license may be issued to a full-time faculty member employed at an approved NYS school of dentistry and limits such ability to practice to the school's facilities or to the school's clinics.
Makes technical amendments to Chapter 105 of 2008 which clarified the civil service rights of NYSTAR employees.
Enacts the state green building construction act which requires new or substantially reconstructed agency buildings to comply with the United States green building council, the green building initiative's green globes rating system and historic preservation system.
Extends professional privileges granted by hospitals to licensed midwives who would share professional privileges in hospitals similar to those granted to physicians, podiatrists, optometrists and dentists.
Includes land used for agricultural research by a not-for-profit institution, (The Miner Institute located in Clinton County), within the definition of "land used in agricultural production" for the purposes of agricultural districts with such agricultural research must be intended to improve the quality or quantity of crops, livestock or livestock products.
Expands the powers granted to campus security officers at private colleges and universities.
Establishes the New York state center for rural schools at Cornell to operate the New York state rural education program; eliminates the authority of the commissioner of education to run such program.
Makes technical corrections relative to student financial aid and student loans for purposes of administrative and statutory clarity at the request of HESC.
Authorizes the state university of New York at Stony Brook to lease certain lands for the construction of a new academic Center for Geometry and Physics.
Extends the provisions of chapter 192 of the laws of 2003 relating to the registration of kegs, reducing reduces the deposit on each keg purchased for off-premises consumption from $75 to $50.
Directs the commissioners of environmental conservation and health to produce an environmental facility and cancer incidence map on the basis of databases to be compiled and for quarterly status reports to governor and legislature on status of data entry into the required database, information remaining to be gathered or entered and progress in map development.
Enacts the "plastic bag reduction, reuse and recycling act" which requires operators of retail stores with over 10,000 square feet to establish at-store recycling programs that provide opportunities for customers to return clean plastic carryout bags.
Relates to public accountancy definitions, practice and licenses, allowing for temporary practice permits and for non-attest services by out-of-state certified public accountants to ensure that certified public accountants (CPAs) and public accountants (PAs) are professionally accountable for functions they currently perform.
Vetoes of 2008
S.3972-A Johnson, O
Requires that surplus state personal property be offered to municipalities before it is offered for sale to the general public.
A.3403 Diaz, R
Requires the committee on open government to provide guidance to agencies on the development and maintenance of subject matter lists.
Authorizes the lease of lands located at the state university of New York at Purchase for a senior learning community with the residents of the senior learning community interacting with the College by enrolling in courses offered by Purchase College, becoming members of the Neuberger Museum of Art and members of The Performing Arts Center of the College.
Establishes that public employee discipline is a mandatorily negotiable term and condition of employment and ensures that any provisions pertaining to discipline contained within agreements or interest arbitration awards between public employers and public employee organizations are valid and enforceable.
Extends from one year to eighteen months the period for leaves of absence by reason of disability resulting from occupational injury or disease for public employees.
Provides that a professional fundraiser, professional solicitor or fund raising counsel who completes a course of instruction in the law and ethics of fundraising and philanthropy shall be entitled to a waiver of the annual registration fee for one year.
Establishes a forensic fellowship program for education and training in child abuse pediatrics to encourage pediatricians to receive additional training in the area of child abuse by providing state
funding for fellowships in the medical sub-specialty of child abuse pediatrics.
Requires the department of economic development, job development authority, office of science, technology, and academic research, and urban development corporation to provide preferences to small businesses and entrepreneurs in the administration of their economic development assistance programs.
Adds certain definitions to the state administrative procedure act and also provides that subregulatory documents may not be issued by an agency where and to the extent that a duly promulgated rule or regulation is required by law and ensures that each subregulatory document and information on its legal effect is readily available to the public.
Authorizes the use of innovative techniques to enhance public participation in the rule making process and establishes a three year pilot project for seven major regulatory agencies (not SUNY) to hold public hearings upon petition of 125 or more New York residents.
Authorize state office for the aging to enter into a contract with one or more statewide organizations in order to establish a volunteer databank, and to establish, replicate, or encourage the development of training programs and curriculum, with assistance from SUNY or CUNY, for such volunteers and the programs and services which make use of them.
Directs the director of the state office for the aging to establish mature worker training programs for persons 55 or older who are seeking training to enable them to remain in or re-enter the work force; and provides for the awarding of grants to the providers of such programs.
Requires records, including a proposed resolution, law, rule, regulation, policy or amendment thereto, scheduled to be presented and discussed by a public body at an open meeting be made available for review to the public upon request therefor, at least 72 hours prior to such meeting or as soon as practicable and requires copies thereof to be provided for a reasonable fee.
Chapter amendment to S.1574 which assists students receiving TAP awards by allowing for an adjustment to such awards to accurately reflect a change in financial status under certain circumstances.
Authorizes tuition assistance program financial aid officers to make income adjustments in special circumstances in determining a student's applicable income for an award.
Creates one-stop regional economic development and regulatory compliance assistance with regional centers designed to provide information regarding economic development resources available from state, federal and local agencies.
Establishes the New York state greenhouse gases management research and development program to promote new technologies and processes which shall avoid, abate, mitigate, capture or sequester carbon dioxide and other greenhouse gases and to provide grants to research entities in New York State for such research.
Promotes the most-integrated services available for individuals, especially those with disabilities by requiring a plan to be developed by each state agency to promote integrated, community-based services with annual reports by state agencies of their efforts to provide integrated services.
Establishes no employer of police officers shall require the mandatory retirement or separation from service on the basis of age of police officers age sixty-five or less.
Authorizes state agencies that let over $10 million per year in service or construction contracts to develop a mentor-protege veteran program to aid veterans in contracting with the state.
Provides that volunteer organizations may submit up to three applications to the higher education services corporation for voluntary recruitment scholarships.
Prohibits the state university of New York, the city university of New York and community colleges from licensing their trademarks for use on unlawfully manufactured apparel and requires such educational institutions to disclose certain information regarding licensees of their trademarks.
Enacts the "non-profit homeland security preparedness act" regarding the state resources available to assist not-for-profit institutions with providing security.
Establishes a procedure for posting and notice of position vacancies for the titles of staff assistant, staff associate, professional staff assistant and professional staff associate for both state operated and community colleges within SUNY.
Provides for short term health insurance policies, not to exceed two years, for persons who have recently lost coverage under a parent's policy due to graduation from college and are otherwise not eligible for employer sponsored coverage.