Sponsorship

A.5511 - MAGEE / S.2825 - Not available at this time.

Memorandum in Support

BILL NUMBER:A5511

TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and breeding law, in relation to the task force on retired race horses; and to amend chapter 342 of the laws of 2005, amending the racing, pari-mutuel wagering and breeding law relating to establishing a task force on the utilization of retired race horses, in relation to the effectiveness thereof

PURPOSE: The purpose of this bill is to extend the provisions of Chapter 342 of the laws of 2005, which established the Task Force for Retired Race Horses. While Chapter 342 was enacted into law, the task force was never impaneled.

SUMMARY OF PROVISIONS: Section 1: Amends Racing and Wagering Law section 910 so that those members of the task force shall be appointed or reappointed within 120 days of the enactment of this law. As previously mandated to do, the Task Force shall investigate the feasibility of promoting the use of retired race horses in activities such as:

* therapeutic uses in the treatment of medical, psychological, or reha- bilitative care of patients. * expansion of the use of horses at federal, state and local correction- al facilities and other governmental institutions * facilitating the training and financing of the retraining of retired race horses. * developing alternative sources for employment of retired race horses.

In addition to the above charges, the Task Force shall look into the costs and benefits of having race courses install artificial turf that has an impact absorbing quality which can minimize or eliminate catastrophic injuries to jockeys and horses that race on such courses.

Section 2: Extends the existence of the Task Force until December 31, 2009 and extends the time period in which a report shall be issued from one year after this section becomes law to within three years.

EXISTING LAW: Chapter 342 of the Laws of 2005.

JUSTIFICATION: As stated in the memorandum of support for Chapter 342 of the Laws of 2005, race horses in this state provide millions of persons across the country with a valuable entertainment forum. However, those race hors- es, once retired, some times do not have bright prospects for future employment other than the slaughter house. In an article published in The Horsemen`s Journal, Summer of 2004, by Melissa Sykes, stated that 85 percent of all horses bred for racing are not going to be successful race horses. This is corroborated by Thoroughbred Owners and Breeders Association statistics that maintain that roughly 20 percent of race

horses earn their keep from purses. "For those that don`t, the slaught- erhouse awaits". Jockey Club statistics show that roughly 20 percent of the 2003 foal crop will go to slaughter. However, wit a little retrain- ing and horsemanship, some of these horses could make the transition from the race track to the riding ring or other gainful work.

The purpose of this Task Force is to identify new work that is suitable for retired race horses so that the economic value of the animal will be higher than their value as meat. Increasing the value of such animals will go a long way towards keeping such animals alive and increase their ability to retire with dignity. Further, this Task Force is to explore the possibility of developing new markets to increase the value of retired race horses.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.

Sponsorship

A.3704 - TONKO, BRODSKY, JOHN, CANESTRARI, AUBERTINE, ZEBROWSKI, CLARK, BOYLAND, BENJAMIN, LATIMER, BRADLEY, DINOWITZ, SCHROEDER, abbate, alfano, barra, brennan, burling, cahill, christensen, cook, cymbrowitz, destito, diaz l, errigo, galef, glick, gordon d, grannis, greene, gunther, heastie, kirwan, koon, lafayette, lavine, lentol, lopez v, lupardo, magee, mayersohn, mceneny, paulin, pretlow, quinn, rivera j, rivera p, robinson, townsend, weinstein, weisenberg, wright / - 1

Memorandum in Support

BILL NUMBER:A3704

TITLE OF BILL: An act to amend the public service law, in relation to establishing consumer protections and service standards for customers of telephone corporations providing local exchange services

PURPOSE OR GENERAL IDEA OF BILL: To ensure that all New York residents be provided with high quality telecommunication service regardless of where they live or who provides their service.

SUMMARY OF SPECIFIC PROVISIONS: The public service law is amended by adding a new section 92-g.

JUSTIFICATION: Universal, affordable and high quality telecommunications services that meet the needs of individuals and businesses in the state are necessary and vital to the welfare and development of our society. It should be the goal of the state to ensure the universal availability and accessibility of high quality, affordable telecommunications services to all residents and businesses in the state and to ensure that providers of telecommunications services in the state provide high quality customer service and high quality technical service. All New York residents should be able to expect to receive a similar level of high quality service regardless of where they live or who provides their service.

PRIOR LEGISLATIVE HISTORY:

2005: A.7149, Codes. 2006: A.7149, Corporations.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that within 90 days of the date this act becomes law, the public service commission shall promulgate or amend any rules or regulations necessary for the implementation of this act.

Sponsorship

A.1740 - TONKO, CANESTRARI, TEDISCO, MCENENY, benjamin, greene / S.847 - Not available at this time.

Memorandum in Support

BILL NUMBER:A1740

TITLE OF BILL: An act relating to the implementation of the recommendations of the commission on health care facilities in the 21st century with regard to Bellevue Woman`s Hospital in Schenectady

PURPOSE: To exempt Bellevue Woman`s Hospital from implementation of the recommendations of the "Berger Commission."

SUMMARY OF PROVISIONS: Provides that, notwithstanding the provisions of the chapters of 2005 which established the Commission on Health Care Facilities in the Twenty-first Century, the Commissioner of Health shall not implement the recommendations of the Commission as they apply to Bellevue Woman`s Hospital.

EXISTING LAW: Under current law, the Commissioner of Health is required to implement the recommendations of the Commission on Health Care Facilities in the Twenty-first Century, which include closure of Bellevue Woman`s Hospital.

JUSTIFICATION: The final report of the "Berger Commission" recommends closing Bellevue Woman`s Hospital in Schenectady County. It appears that this recommendation was based on incorrect information. For example, the Commission`s report states that Bellevue`s deficit at the end of 2005 was $17.69 million, when, in fact, the actual deficit was a manageable $1.32 million. This is a 92% error! In addition, the report incorrectly infers that Bellevue does not perform complex surgical procedures, noting that there are no certified "medical/surgical" beds. In fact, physicians at Bellevue perform 3,000 surgeries a year, with beds dedicated to post-surgical care. Finally, the report casts Bellevue as a "Schenectady hospital," with services which could be absorbed by other facilities in the County. As one of only two hospitals in the nation dedicated exclusively to women`s health, Bellevue is a destination hospital, serving women from around the world with specialized care. Some observers have perceived the Commission`s recommendation to close Bellevue as an attack on women`s health care.

LEGISLATIVE HISTORY: New in 2007.

FISCAL IMPLICATIONS: None to the State. Closure of Bellevue would not reduce Medicaid costs, as patients covered by Medicaid would simply be forced to go to other hospitals.

LOCAL FISCAL IMPLICATIONS: Since Bellevue is a destination hospital, people from outside the region travel here to receive services. Schenectady County likely receives some amount of sales tax and occupancy tax revenues from out-of-area patients and their families.

EFFECTIVE DATE: Immediate.

Sponsorship

A.7053 - GORDON T, CANESTRARI, errigo, koon, rivera j, weisenberg / - 1

Memorandum in Support

BILL NUMBER: A7053A

TITLE OF BILL : An act to amend the public authorities law, in relation to short distance commuter passes in the Albany area

PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to enhance commuter safety and reduce traffic congestion in the Albany area.

SUMMARY OF SPECIFIC PROVISIONS :

The bill would authorize the Thruway Authority to issue short distance commuter permits which would provide for travel at no charge for commuters traveling in between permit areas between exits twenty-two and twenty-four. If the Authority can demonstrate a significant loss of revenue, the bill would authorize it to offer such permits at a reduced cost per mile, by resolution of the Authority`s Board. Prior to imposing such costs, the Authority would be required to conduct public hearings in the affected area. The Authority would also be authorized to restrict the use of the permits to peak commuter hours.

JUSTIFICATION :

Based on the number of accidents per miles traveled by motorists, the New York State Thruway is one of the safest roads in the State. However, many motorists who commute daily in urban areas along the Thruway corridor bypass this road and use local roads due to the cost imposed which over time can become a significant amount. As a result, motorist safety is reduced, there is additional traffic congestion on local roads and unneeded stress placed upon the infrastructure. This bill would encourage commuters who travel daily within the Capital District to use the Thruway on a regular basis. Further, in conjunction with the new E-ZPass system installed on the Thruway, it is anticipated that highway congestion on both local roads and the Thruway will be reduced.

PRIOR LEGISLATIVE HISTORY :

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None to the State.

EFFECTIVE DATE : This act shall take effect on the one hundred twentieth day after it shall have become a law, provided, however that the thruway authority shall promulgate any rules and regulations necessary for the implementation of this act on or before such effective date.

Sponsorship

A.1403 - MCENENY, AUBERTINE, boyland, john, millman / S.4951 - Not available at this time.

Memorandum in Support

BILL NUMBER: A1403

TITLE OF BILL : An act to amend the general obligations law, in relation to genetically modified organisms

PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to allow for an affirmative defense against any liability if the party can show that he or she did not knowingly and intentionally introduce the genetically engineered or genetically modified organisms into his or her plants or seeds.

SUMMARY OF SPECIFIC PROVISIONS :

Section 2 provides for an affirmative defense against any liability if he or she shows that they did not knowingly and intentionally introduce genetically engineered plants or genetically modified organisms and they did not knowingly gain from the distinctive traits of a genetically engineered plant or genetically modified organism.

JUSTIFICATION :

This bill seeks to help farmers by providing them with an affirmative defense if they are sued for planting genetically modified organisms or genetically engineered plants without purchasing the rights to do so.

PRIOR LEGISLATIVE HISTORY :

2005/06: A.1468: Passed Assembly 2003/04: A.1911 2001/02: A.11674

FISCAL IMPLICATIONS :

None to the state.

EFFECTIVE DATE : Immediately.

Sponsorship

A.7219 - COLTON, BENEDETTO, MAGNARELLI, MILLMAN, EDDINGTON, LAFAYETTE, WEISENBERG, ORTIZ, RAIA, DINOWITZ, BENJAMIN, BURLING, GORDON T, KELLNER, boyland, cahill, glick, jacobs, maisel, mayersohn, mcdonough, miller, reilly, sweeney, thiele / - 1

Memorandum in Support

BILL NUMBER: A7219

TITLE OF BILL : An act to amend the environmental conservation law, in relation to prohibiting the use of plastic checkout bags by certain stores

PURPOSE OF THE BILL : The bill would prohibit the use of certain plastic shopping bags in supermarkets

SUMMARY OF PROVISIONS : The bill would prohibit the use of plastic bags in supermarkets with annual gross sales of two million dollars or more. Only compostable plastic bags, paper bags or reusable bags could be used for checkout. The Department is authorized to promulgate rules and regulations necessary to implement the act.

JUSTIFICATION :. The extensive use of plastic bags has created an impediment to the diversion of solid waste from solid waste management facilities. Plastic bags are difficult to recycle, may contaminate materials processed through recycling and composting programs, create significant litter problems, and are dangerous to pets and wildlife. Plastic shopping bags have considerable environmental impacts, including the use of millions of barrels of oil in the United States for their manufacture. This bill would reduce the impact of plastic shopping bags by specifying the materials that may be used in their construction or allowing alternative shopping bags. Compostable plastic bags would be required to meet the American Society for Testing and Materials (ASTM) International standard D6400 for compostable plastics.

PRIOR LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None.

EFFECTIVE DATE : This act would take effect one hundred eighty days after its enactment. DEC is authorized to promulgate regulations immediately.

Sponsorship

A.5449 - DINOWITZ, MILLMAN, BENEDETTO, PAULIN, SCHIMMINGER, DELMONTE, LAFAYETTE, STIRPE, LUPARDO, ORTIZ, GALEF, COLTON, MCDONOUGH, MAISEL, ESPAILLAT, THIELE, LOPEZ P, ROSENTHAL, ENGLEBRIGHT, HEVESI, BROOK-KRASNY, abbate, alfano, christensen, clark, diaz r, giglio, gottfried, greene gunther, jeffries, latimer, / - 3

Memorandum in Support

BILL NUMBER: A5449a

TITLE OF BILL :

An act to amend the environmental conservation law, in relation to pre-installation review and certification of green roof materials and to amend the tax law, in relation to establishing a green roof installation credit

PURPOSE OR GENERAL IDEA OF BILL :

To develop standards for the installation and maintenance "green roofs", better known as roof gardens, and to provide a tax credit for home owners to install such gardens.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends the environmental conservation law by adding a new section 3-0308, which would require the commissioner of the Department of Environmental Conservation to develop a program to evaluate and set standards for green roof construction and certification.

Section 2 of the bill amends the tax law by adding a new subsection (u) to section 606 which would provide a tax credit for the installation of roof garden of 55% of the installation cost that shall not exceed $5,000.

Section 3 provides for an effective date.

JUSTIFICATION :

In addition to the aesthetic value of roof gardens for the residents of buildings where they are installed, green roofs serve several important functions. First, the gardens absorb the heat of the sun without heating the temperature of the building which keeps the buildings cooler in the summer and requires less energy output by residents. Second, as we all know plants produce oxygen and absorb carbon dioxide. In congested urban areas where very few trees and shrubs exist, this is a simple way to increase the amount of oxygen in urban areas.

Commercial installation of roof gardens can cost $10-$24 per square foot which is why a tax credit would add an extra incentive for building owners to install roof gardens.

PRIOR LEGISLATIVE HISTORY :

This is a new bill.

FISCAL IMPUCATIONS :

To be determined.

EFFECTIVE DATE : This act shall take effect immediately provided that section one of this act shall take effect on the one hundred eightieth day after it shall have become a law and that section 2 of this act shall apply to taxable years commencing on or after January 1, 2008; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

Sponsorship

A.8703 - HOYT, JOHN, BRODSKY, MAGNARELLI, NOLAN, CAHILL, WEPRIN, GOTTFRIED, ARROYO, LATIMER, SCHROEDER, PEOPLES, MORELLE, GUNTHER, DELMONTE, LANCMAN, FIELDS, RIVERA P, ESPAILLAT, MILLMAN, JEFFRIES, O`DONNELL, MAISEL, BOYLAND, BRADLEY, STIRPE, ENGLEBRIGHT, KAVANAGH, KELLNER, RABBITT, COLTON, ROSENTHAL, PAULIN, YOUNG, SWEENEY, benjamin, calhoun, camara, galef, gianaris, heastie, jaffee, koon, pheffer, ramos, reilly, saladino, spano, towns, walker, weisenberg, zebrowski k / S.8672 - MAZIARZ, MALTESE, DEFRANCISCO, FLANAGAN, JOHNSON O, LARKIN, MORAHAN, NOZZOLIO,
ROBACH.

Memorandum in Support

BILL NUMBER: A8703A

TITLE OF BILL : An act to amend the general municipal law, the economic development law, the labor law and the public authorities law, in relation to the function of industrial development agencies and making certain conforming changes; to amend chapter 444 of the laws of 1997 amending the general municipal law and other laws relating to the tax exemption status of industrial development agencies, chapter 356 of the laws of 1993 amending the general municipal law and the public authorities law relating to industrial development agencies and industrial development authorities, and chapter 905 of the laws of 1986 amending the general municipal law relating to authorizing financing assistance for civic facilities by industrial development agencies, in relation to eliminating the expiration and repeal of certain provisions thereof; and to amend chapter 66 of the laws of 1994, amending the public health law, the general municipal law and the insurance law relating to the financing of life care communities, in relation to eliminating the application deadline for eligibility for assistance from an industrial development agency

PURPOSE OR GENERAL IDEA OF BILL : To increase the accountability and improve the efficiency and transparency of the operations of industrial Development Agencies (IDAs).

SUMMARY OF SPECIFIC PROVISIONS :

This bill contains the following provisions:

* limits the financing of recreational facilities;

* dissolves IDAs without outstanding debt five years after their creation;

* establishes requirements for board membership to include local governments, school boards, organized labor and environmental organizations;

* prohibits board members from including individuals with IDA business ties or ownership interests;

* requires board members to attend at least 10 percent of all hearings or forfeit their office;

* requires payment in lieu of taxes (PILOT) agreements to be published, posted and available for public inspection;

* requires IDAs to maintain a website;

* requires IDAs to provide a "project report" to the State Comptroller including: the total amount and type of financial assistance; foregone tax revenue; total projects; and wage and job information;

* requires IDAs to maintain an official record of all proceedings, a list of pending projects and a Payment in Lieu of Tax (PILOT) schedule for all projects and requires that information to be posted and available for public inspection;

* requires IDAs to provide assistance of less than $100,000 to at least three projects a year unless there are no such requests or no projects are funded that year;

* requires IDAs to establish criteria for project selection including requiring reasonable job creation and retention goals;

* requires IDA hearings to be attended by no less than two board members;

* requires project applicants to complete an application form, including projected costs and financial assistance, the number of jobs to be created and a statement as to whether or not officers or major shareholders have been found to have violated any federal, state or local law, rule or regulation related to environmental protection, taxation, financial assistance, protection of workers or minority and women-owned business enterprises;

* requires project applicants to complete a community impact report to

include an analysis of transportation and existing on-site infrastructure;

* requires IDAs to suspend financial assistance to recipients found to have committed a substantial violation of any federal, state or local law, rule or regulation related to environmental protection, taxation, financial assistance, protection of workers or minority and women-owned business enterprises. IDAs found to have substantial violations will be required to repay assistance with interest, and will be prohibited from entering into a financial assistance agreement with any other state or local agency until repayment is made;

* authorizes the Attorney General to commence an action to recover financial assistance;

* requires the payment of prevailing wages for any construction or building renovation work;

* requires all employees to be paid no less than the median hourly wage for "all occupations" for the duration of the financial assistance and for five years thereafter;

* requires the Commissioner of Labor to notify the IDA promptly after a declaration that a violation has been committed by a recipient and requires the IDA to immediately suspend financial assistance and seek repayment of any assistance given;

* requires successor contractors, in cases where a previous contract has been terminated, to retain all service employees for ninety days after the date of contract termination and prohibits the discharge of such employees without cause;

* establishes an IDA complaint process involving the IDA and the Department of Economic Development;

* establishes a compliance schedule for green building standards based on the building cost and the type of construction work to be performed;

* authorizes the State Comptroller to investigate pirating complaints and require repayment of assistance upon a determination that a complaint is valid;

* requires the approval of the Public Authorities Control Board for projects over $100 million;

* prohibits IDA funds from being used for projects not on a brownfield, served by existing public sewer and water, or on lands

designated as suitable for conservation, unless the agency can demonstrate that there is no viable alternative;

* requires hearing notice on the development of a PILOT policy by an IDA to be provided to the members of the local governing body, with copies of the adopted policy to be sent to the chief executive officer and members of the governing body and posted on the IDA`s website;

* requires deviations from the uniform PILOT policy to be approved in writing by the affected governments;

* provides that whenever an agency has $100,000 or less in outstanding debt it shall exist only to pay debt service on the bonds;

* establishes a uniform procedure for the dissolution and merger of sub-county IDAs;

* makes brownfield projects eligible for low cost power programs and waives bond issuance charges on those projects; and,

consolidates the sub-county IDAs of Erie County;

resintates the ability of industrial development agencies to provide assistance to civic facilities and continuing care retirement communities.

JUSTIFICATION : There are 116 IDAs throughout the State that provide almost $400 million in net tax exemptions each year. They are an important economic development tool to promote job creation and business retention. In return for increased economic activity and job growth, IDAs provide exemptions from local, county and school taxes. IDAs also issue low-interest bonds, called industrial development revenue bonds, which allow companies to borrow money at low cost.

IDAs should be supporting responsible businesses that will deliver on their promises to provide good jobs and services to New Yorkers. Since IDAs give businesses significant local tax breaks, local communities should get the promised benefits in exchange for sacrificing this much needed revenue. This bill will greatly increase the accountability of IDAs to the taxpayers and municipalities for whose benefit they are created. It will serve to ensure a greater degree of uniformity in the application process, more careful analysis and deliberation in the decision-making process and enhanced monitoring once IDA benefits are conferred. This bill would ensure that IDAs operate efficiently and in the public interest.

PRIOR LEGISLATIVE HISTORY : This is new legislation.

FISCAL IMPLICATIONS : None to the State.

EFFECTIVE DATE : This act shall take effect on the ninetieth day after it shall have become law.

Sponsorship

A.9221 - AUBERTINE

Memorandum in Support

BILL NUMBER: A9221

TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to permitting holders of class DJ and class MJ licenses to drive to volunteer fire and ambulance activities

PURPOSE : To permit young people who hold junior drivers licenses to drive at night to participate in volunteer fire and ambulance activities.

SUMMARY OF PROVISIONS : This bill would amend Section 501 of the Vehicle and Traffic Law to authorize junior license holders to drive at night when traveling to or from a fire, alarm of fire, accident or alarm of accident for the provision of volunteer fire or ambulance services.

JUSTIFICATION : Currently, drivers holding a junior license may drive between the hours of nine o`clock in the evening to five o`clock in the morning only when going to and from school or to or from a place of business where the holder is employed on a regularly scheduled basis, unless accompanied by a licensed parent or guardian. A young person may not drive to and from volunteer fire or ambulance activities during these hours under current law.

Young people should be encouraged to participate in volunteer fire and ambulance service. Not only do these individuals provide important volunteer emergency services to their communities, but service at a young age may make it more likely that these individuals will continue to serve with volunteer fire and ambulance companies throughout their lives. This bill will ensure that young people are not hindered in their efforts to participate in volunteer fire and ambulance services due to the current restrictions on junior licenses.

LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect on the one hundred twentieth day after it shall have become a law.

Sponsorship

A.7709 - BALL, LOPEZ P

Memorandum in Support

BILL NUMBER: A7709

TITLE OF BILL : An act to amend the administrative code of the city of New York, in relation to the use of kayaks on the city reservoirs

PURPOSE OR GENERAL IDEA OF BILL : Authorizes the use of kayaks on reservoirs serving the city of New York subject to reasonable rules and regulations.

SUMMARY OF SPECIFIC PROVISIONS : The opening paragraph of section 24-359 of the administrative code of the city of New York is designated subdivision 1 and a new subdivision 2.

JUSTIFICATION : Kayaking is a noninvasive form of recreation that will provide for an increase in quality of life for the New Yorkers that live within proximity of the reservoirs. It is an ecologically sound activity that is accomplished without affecting the wildlife or the environment. The average size of a kayak ensures that the kayaker would not be able to carry on excess waste that could potentially pollute the reservoir. Aluminum row boats that are currently permitted have a much larger imprint upon the surface tension of the water. Allowing kayaking on reservoirs would not cause damage to reservoirs and would lead to an increase in quality of life for New York State residents.

PRIOR LEGISLATIVE HISTORY : NEW BILL

FISCAL IMPLICATIONS : To be determined

EFFECTIVE DATE : This act shall take effect on the sixtieth day after it shall have become a law.

Sponsorship

A.5376 - MCENENY, LUPARDO, abbate, aubertine, benjamin, colton, cook, delmonte, destito, espaillat, gordon d, lancman, magee, reilly, rivera j, schimminger, stirpe, sweeney, towns, weisenberg / S.796 - FLANAGAN, LEIBELL, MARCELLINO, MAZIARZ, PADAVAN, RATH.

Memorandum in Support

BILL NUMBER: A5376

TITLE OF BILL : An act to amend the tax law, in relation to exemptions from sales and use taxes

PURPOSE OR GENERAL IDEA OF BILL : To exempt various safety items, including helmets and protective gear, which are required by law from sales and compensating use taxes.

SUMMARY OF SPECIFIC PROVISIONS : Subdivision (a) of S1115 of the Tax Law is amended by adding four new paragraphs 42, 43, 44, and 45 to exempt bicycle, motorcycle, snowmobile and equestrian helmets from sales and use taxes.

JUSTIFICATION : Under the Vehicle and Traffic Law and the Parks, Recreation and Historic Preservation Law, these four types of helmets are required to be worn by participants in these recreational sports. By mandating use of such helmets the state`s public policy is to ensure the safety of its citizenry. By exempting them from sales and use taxes we will help offset some of the cost to the consumer.

PRIOR LEGISLATIVE HISTORY : 2005/06: A.11364-A/S.2790-B

FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE : This act shall take effect on the first day of a sales tax quarterly period, as described in subdivision (b) of S1136 of the Tax Law, next commencing on the date after this act shall have become a law.

Sponsorship

A.3638 - MILLMAN, GALEF, CARROZZA, DINOWITZ, benjamin, boyland, clark, glick, gordon d, gottfried, john, lafayette mayersohn, mceneny, perry, pheffer, wright / - 2

Memorandum in Support

BILL NUMBER: A3638B

TITLE OF BILL : An act to amend the general business law, in relation to the sale of engine coolant and antifreeze

PURPOSE OR GENERAL IDEA OF BILL : Provides that any engine coolant or antifreeze that contains 10% or more of ethylene glycol shall only be sold containing 30 ppm of the nontoxic additive denatonium benzoate.

AMENDMENT : Enforcement and enactment dates changed to 2009

JUSTIFICATION : Most poisonings involve children less than six years of age. The federal Poison Prevention Packaging Act of 1970 requires child-resistant safety packaging for various toxic household products in order to inhibit a child`s ability to access poisonous substances. The National Safety Council, the American Medical Association and the American Association of Poison Control Centers have noted that the addition of a nontoxic aversive agent to toxic products would make these products particularly unpalatable, providing another means to prevent or mitigate severe poisonings.

Ethylene glycol, an ingredient in engine coolant and antifreeze, is a colorless, sweet-tasting liquid that is extremely toxic and deadly, yet, the sweet taste is appealing to children, pets, wildlife, alcoholics and those afflicted with mental retardation or disease. Even residual spillage during the transfer of the liquid from the container into the vehicles places children, adults and pets at risk.

The 2002 Annual Report of the American Association of Poison Control Centers reported 6077 cases of ingestion, of which 60% were in children and 40 resulted in death. The American Veterinary Medical Association been also reported that as many as 10,000 animals die every year from ingesting discarded remains.

Approved by the FDA in 1963, Denatonium Benzoate is used in such products as deer repellant, household cleaners, paints, and as a coating for electrical cables to prevent rats from eating the insulation. Prestone Inc.`s Research and Development Lab has reported that adding denatonium Benzoate to antifreeze and cooling agents does not damage automotive cooling systems.

This bill would greatly reduce the risk of accidental poisoning by requiring antifreeze products with specified amounts (10%) of ethylene glycol to also include 30 ppm of denatonium benzoate, a highly effective bittering, or an equally effective alternative, that would make the antifreeze unpalatable.

PRIOR LEGISLATIVE HISTORY : 2004:A.10548i 2005-06:A.1621-A/S.4999-A Passed Assembly

FISCAL IMPLICATIONS : None

EFFECTIVE DATE : January 1, 2009

Sponsorship

A.3838 - BARCLAY, bacalles / S.193 - Not available at this time.

Memorandum in Support

BILL NUMBER: A3838

TITLE OF BILL : An act to amend the insurance law and the public health law, in relation to creating a health care plan and facility restructuring and security program

PURPOSE : The purpose of this bill is to protect the health care system and consumers from a health insurer or HMO at risk of insolvency by creating and making assistance available through a health care plan and facility restructuring and security program.

SUMMARY OF PROVISIONS : Section 1 amends subsection (a) of section 1109 of the insurance law for the purposes of applying sections 1309 and 7401-a of the insurance law to health plans certified under article 44 of the public health law.

Section 2 amends section 1309 of the insurance law by creating a new subsection (c) which provides that the superintendent of insurance may enter into agreements pursuant to section 2815 of the public health law when an insurer or health plan is "at risk of insolvency" as defined under paragraph (a) of that section.

Section 3 amends the insurance law by creating a new section 7401-a "Special Financial Assistance for Insurers and Health Plans", which allows the Superintendent to enter into agreements pursuant to section 2815 of the public health law for the purpose of facilitating rehabilitation or avoiding the need for rehabilitation of insurers or health plans organized under article 42 or 43 of the insurance law or certified under article 44 of the public health law.

Section 4 amends Section 2815 of the public health law and makes the following changes:

a) Changes the name of "Health Facility Restructuring Program" to "Health Care Plan and Facility Restructuring and Security Program".

b) Allows the Commissioner to enter into agreements with the Dormitory Authority to provide grants or loans to general hospitals to offset debt created by the failure of insolvent health plans or plans at risk of insolvency to make payments for health care services rendered.

c) Allows the Superintendent to enter into agreements with the Dormitory Authority to provide grants or loans to health plans that are insolvent or at risk of insolvency, to facilitate the plan`s rehabilitation or to avoid the need for rehabilitation. In order to receive funds pursuant to this section, a health plan must agree to a plan of action with the superintendent which provides for the long-term viability of the health plan.

Section 5 provides that this act take effect immediately and that all funds allocated to the "Health Facility Restructuring Program" are transferred and authorized for use for the purposes of the "Health Care Plan and Facility Restructuring and Security Program" (which also continues all of the purposes of the original "Health Facility Restructuring Program").

EXISTING LAW : The "Health Facility Restructuring Program" was created as part of the New York Health Care Reform Act (Chapter 639 of the Laws of 1996).

JUSTIFICATION : Growing industry competition, recent health plan financial problems and a host of other factors have led to concerns about present and future health plan stability. These concerns have, in turn, focused attention on the adequacy of existing consumer and provider protections in the event a plan defaults on its contractual payment obligations or actually becomes insolvent. While, under current law, the State Health and Insurance Departments are authorized to oversee health plan operations and fiscal status, the recent aforementioned concerns argue for more extensive protections--in particular, for greater state agency authority and capacity to quickly and more completely intervene upon signs that a plan may be financially troubled.

This legislation would help establish such protections by amending a present state health care restructuring initiative to make its funds available for health plan stabilization and rehabilitation, and/or to offset provider debt created by health plan failure to pay its bills. Such assistance would only be provided to health plans and providers meeting prescribed criteria and agreeing to individualized terms with the State. This new mechanism would provide better state capability to respond to both immediate crises and longer term system needs. The financing, which would come from amendments to the Health Facility Restructuring Program, would be from existing allocations to this program which are from pool funds already contributed by payors and providers under the State`s hospital and health care financing system. By doing so, this legislation uses an existing, complementary funding source and imposes no new financial obligations on payors, providers or consumers for the substantial new protections it affords them. A mechanism for state financial assistance currently exists for property/casualty carriers and life insurers in New York to both police and rehabilitate failing plans. This property/casualty mechanism however is funded from an additional premium assessment on these insurers. This legislation, without imposition of additional assessments, would make such a state intervention mechanism similarly available for the protection of our health system.

LEGISLATIVE HISTORY :

S.5733 of 2000, S.2509 of 2001, S.1080 of 2003/2004 A11091 of 2005-2006 referred to insurance

EFFECTIVE DATE : This act takes effect immediately and all funds allocated to the "Health Facility Restructuring Program" as established by section 2815 of the public health law, as added by chapter 639 of the laws of 1996, are hereby transferred to and authorized for use for the purposes of health care plan and facility restructuring and security program pursuant to section 2815 of the public law, as amended by section four of this act.

Sponsorship

A.4305 - BUDGET BILL / - 2

Memorandum in Support

BILL NUMBER:A4305D

TITLE OF BILL: An act making appropriations for the support of government

TRANSPORTATION, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL CONSERVATION BUDGET

SUMMARY:

This is the Transportation, Economic Development, and Environmental Conservation appropriation bill for State Fiscal Year (SFY) 2007-08. It includes General Fund appropriations of $1 ,597,288,011.

JUSTIFICATION:

This appropriation bill provides for the ongoing operation of State government, including Aid to Localities, State Operations, and Capital Projects for the 2007-08 SFY.

FISCAL IMPACT:

This appropriation bill authorizes disbursements up to $1,597,288,011 in the General Fund and $12,541,449,911 in All Funds.

EFFECTIVE DATE:

Effective immediately, and the appropriations contained in this bill shall be available for the fiscal year beginning April 1 ,2007.