2008 Higher Education Legislative Summary

2008 Significant Higher Education Legislative Summary

2008 Legislation Approved by the both the Senate and Assembly Impacting Higher Education

Chapter Laws 2008  |  Vetoes 2008

 

Chapter Laws of 2008

Chapter 8
S.6519-A Flanagan
A.9483-A Alessi
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.

Chapter 10
S.6773 Robach
A.9816 Abbate
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.

Chapter 63
S.6493 Leibell
A.9427 Brodsky
Requires that workers receive written notification of the prevailing wage rates and supplements.

Chapter 81
S.6776 Farley
A.8985-A Towns
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.

Chapter 102
S.6517 Johnson, O
A.9558 Farrell
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.

Chapter 105
S.6751 Farley
A.9963 Abbate
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.

Chapter 113
S.8360 LaValle
A.11414 Abbate
Implements the UUP agreement to provide for adjustment of salaries in the state university.

Chapter 114
S.8373 Farley
A.11439 Abbate
Specifies compensation, benefits and other terms and conditions of employment of certain state officers and employees; implements agreements between the state and PEF.

Chapter 121
S.6886 Kruger
A.9841 Wright
Extends the expiration of the definitions of work activities and certain work study and internship positions until June, 2010.

Chapter 137
S.8684 Rules
A.11738 Destito
Updates and modernizes the State Procurement Stewardship Act which governs the method the state purchases goods and services.

Chapter 154
A.538-A Paulin
S.1955-A Leibell
Prohibits smoking in dormitories, residence halls, and other group residential facilities.

Chapter 155
A.564-A Wright
S.8407 Smith
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.

Chapter 157
A.995-A Brodsky
S.3593-A Maltese
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.

Chapter 158
A.1206-A Gunther
S.1608 Maziarz
Requires that a qualified nurse be present in an operating room for the duration of the operative procedure.

Chapter 193
A.10393 Gianaris
S.7313 Young
Expands the disclosure requirements of regulatory agendas which are to be published in the state register.

Chapter 204
A.10945-A Canestrari
S.8117-B LaValle
Relates to the waiver of certain clinical laboratory tests from clinical laboratory permit requirements and to the licensure of clinical laboratory practitioners.

Chapter 207
A.10985-A Canestrari
S.7936-A Padavan
Requires mandatory continuing education for the practice of physical therapy.

Chapter 219
A.11630 Abbate
S.8581 LaValle
Implements terms of contract between City University of New York and its employee organizations – DC 37, SEIU, and others.

Chapter 223
S.962-C Skelos
A.809-C Destito
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.

Chapter 237
S.5635-A LaValle
A.11438 Alessi
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.

Chapter 262
S.7752 Hannon
A.10833 Weisenberg
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.

Chapter 275
S.8254 Morahan
A.10940 Ortiz
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.

Chapter 287
S.8711 Rules
A.11761 Abbate
Authorizes the city university of New York to implement the terms of an agreement between it and its employee organization – PSC.

Chapter 293
A.10736 Lentol
S. 6897 Padavan
Extends tuition waiver program for police officer students of the city university of New York.

Chapter 301
S.8077 Morahan
A.10035-A Brodsky
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.

Chapter 319
S.7821 LaValle
A.10713 Gottfried
Expands the board of trustees of the fashion institute of technology from 10 to 16 trustees over three years.

Chapter 334
A.9019-A Sweeney
S.6055-A Marcellino
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.

Chapter 338
A.10030 Abbate
S.7272 Lanza
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.

Chapter 342
A.10944 Destito
S.7910 Little
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.

Chapter 351
S.3850 Flanagan
A.582 Paulin
Requires that, whenever practicable, an agency make information available to the public electronically.

Chapter 433
S.3063-A LaValle
A.8167-A Glick
Enacts the "textbook access act" to ensure that college students in New York State have better access to affordable textbooks.

Chapter 493
S.8637 Morahan
A.11711 Gunther
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.

Chapter 499
A.1975 Diaz, R
S.7944 Flanagan
Relates to the online posting by state agencies of its subject matter list and requires the list to be updated at least annually.

Chapter 507
A.9222-A Gabryszak
S.6295-A Volker
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.

Chapter 523
A.11110-A Abbate
S.8199-A Rules
Allows leaves of absence to local municipal employees elected to serve their employee organizations

Chapter 537
S.6026-C Golden
A.8716-C Glick
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.

Chapter 562
S.8669 Farley
A.11718 Abbate
Makes technical amendments to Chapter 105 of 2008 which clarified the civil service rights of NYSTAR employees.

Chapter 565
A.2005-C Lupardo
S.5442-B Marcellino
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.

Chapter 605
S.4019-A Hannon
A.5505-B Gottfried
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.

Chapter 611
S.6922-A Little
A.10574-A Magee
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.

Chapter 612
S.6949-A LaValle
A.9271-A Lentol
Expands the powers granted to campus security officers at private colleges and universities.

Chapter 616
S.7124-B Winner
A.10201-B Lifton
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.

Chapter 622
S.7381 LaValle
A.11135 Glick
Makes technical corrections relative to student financial aid and student loans for purposes of administrative and statutory clarity at the request of HESC.

Chapter 629
S.7952-A Flanagan
A.11099-A Englebright
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.

Chapter 632
S.8165-A Winner
A.10855-A Schimminger
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.

Chapter 638
A.1143-B Brodsky
S.1592-B Libous
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.

Chapter 641
A.11725 Sweeney
S.8643-A Marcellino
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.

Chapter 651
A.11696-A Glick
S.7497-B LaValle
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.

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Vetoes of 2008

Veto 17
A.361-B Destito
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.

Veto 28
A.3403 Diaz, R
S.7943 Flanagan
Requires the committee on open government to provide guidance to agencies on the development and maintenance of subject matter lists.

Veto 30
A.8535-A Bradley
S.5987-A Leibell
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.

Veto 44
S.6717 Golden
A.9977 Abbate
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.

Veto 45
S.6778 Maziarz
A.10553 Abbate
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.

Veto 48
S.7850-A Winner
A.11478 Destito
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.

Veto 51
A.9628-B Paulin
S.7293-A Saland
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.

Veto 57
A.6906 Koon
S.3581 Flanagan
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.

Veto 58
A.8074 Gianaris
S.6782 Young
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.

Veto 59
A.8075 Gianaris
S.6781 Young
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.

Veto 78
S.6966-B Golden
A.10436-C Kavanagh
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.

Veto 88
A5566-A Englebright
S.3060-A Golden
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.

Veto 89
A.5943 Markey
S.7042 DeFrancisco
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.

Veto 105
A.11714-A Canestrari
S.8647-A Padavan
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.

Veto 107
S.1574-A Padavan
A.1929-A Canestrari
Authorizes tuition assistance program financial aid officers to make income adjustments in special circumstances in determining a student's applicable income for an award.

Veto 141
A.2554-A Morelle
S.3592-A Alesi
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.

Veto 142
A.3414-A Magnarelli
S.8356 Marcellino
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.

Veto 143
A.7277 Destito
S.7337 Griffo
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.

Veto 147
A.10508 Brook-Krasny
S.7332-A Golden
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.

Veto 152
A.11652 Peoples
S.8606 Larkin
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.

Veto 156
S.3673 LaValle
A.8424 Magee
Provides that volunteer organizations may submit up to three applications to the higher education services corporation for voluntary recruitment scholarships.

Veto 158
S.4249 Maltese
A.891 Englebright
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.

Veto 161
S.6721-A Skelos
A.9683-A Lancman
Enacts the "non-profit homeland security preparedness act" regarding the state resources available to assist not-for-profit institutions with providing security.

Veto 162
S.6780-B Robach
A.11126-A Abbate
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. 

Veto 171
S.8357 Seward
A.11485 Morelle
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.

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