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Legislative Memos
Legislative Memo: Lawful Possession of Hypodermic Syringes
Subject: S.5620A / Duane A.8396A / Gottfried (AN ACT to amend the penal law, in relation to hypodermic syringes) Position: Support
Legislative Memo: Reproductive Health Act
Subject: Governor’s Program Bill No. S. Stewart-Cousins / A. Glick (AN ACT to amend the public health law in relation to enacting the reproductive health act) Position: SUPPORT The NYCLU strongly supports the Reproductive Health Act, which protects the autonomy, privacy, and dignity of the women of New York State. This legislation guarantees a woman’s right to control her reproductive health, ensures that a woman will be able to obtain an abortion if continuing the pregnancy would jeopardize her health, treats the regulation of abortion as an issue of public health and medical practice, rather than as a potential crime, and guarantees the right to use or refuse contraception. Because it codifies legal and constitutional requirements that currently exist, the bill would make little immediate difference in the day-to-day provision of medical care or abortion services in the state of New York. However, the legislation is critical to bring our laws up to date, and to protect these rights against erosion should challenges to Roe v. Wade brought in other states reach the Supreme Court
Legislative Memo: Child Care Assistance Eligibility
Introduction This legislation would cure a flaw in existing law that frustrates the ability of a single parent to obtain child care assistance. To be eligible for such assistance, the parent must first seek a child support order from a non-custodial parent. This administrative rule subverts the very intent of the law. The primary effect of this rule is to discourage women from seeking the child care assistance for which they are eligible and which they badly need to support themselves and their children. A.3657/S.2091 would remove this barrier to obtaining child care assistance. The NYCLU strongly recommends that the legislature pass the bill.
Legislative Memo: Family Health Care Decisions Act
Subject: A.7729/Gottfried et al. S.3164/Duane (AN ACT to amend the public health law, in relation to establishing procedures for making medical treatment decisions on behalf of persons who lack the capacity to decide about treatment for themselves and to repeal certain provisions of such law relating thereto) Position: SUPPORT
Legislative Memo: Civil Remedy for Bias Incidents
Subject: A.529/ Destito et al. (AN ACT to amend the civil rights law, in relation to providing a civil remedy for victims of bias-related violence or intimidations) Position: SUPPORT This bill would provide the missing legal mechanism for victims of bias-related violence or intimidation to initiate a civil action against the perpetrator. It would also provide for the reimbursement of reasonable attorney's fees. Bias crimes/incidents are acts motivated by prejudice and hatred. These acts affect the fundamental rights of the victim, as well as the group of which the victim is, or is perceived to be, a member. The consequences of bias crime reach beyond the harm inflicted on an individual. Such acts also provoke fear and suspicion among the members of similarly situated minority groups. Bias crimes/incidents, therefore, pose a unique danger to society. In New York, where diversity is regarded as one of our greatest strengths, these acts undermine the very fabric of our pluralistic society and diminish our collective strength. Bias crimes/incidents cannot be condoned or ignored.
Legislative Memo: Gender Expression Non-Discrimination Act
2009 Legislative Memorandum Subject: A.5710 / Gottfried S.2406 / Duane (AN ACT to amend the executive law, the civil rights law and the education law, in relation to prohibiting discrimination based on gender identity or expression; and to amend the penal law and the criminal procedure law, in relation to including offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes) Position: SUPPORT
Legislative Memo: HIV Testing
Subject: S.4484/Huntley
A.7757/Robinson, et al.
(An Act to amend the public health law in relation to HIV related testing)
Position: Opposed
Legislative Memo: Enforcement of the Open Meetings Law
Subject: A.2046/ John et al. S.3453/Oppenheimer (AN ACT to amend the public officers law, in relation to enforcement of the open meetings law) NYCLU Position: SUPPORT This bill would strengthen the existing open meetings law by creating two avenues of enforcement: a court-issued stay on the implementation of action, remanding the action to the public body for reconsideration, and the imposition of a fine, up to five hundred dollars, on the public body for violations of the open meetings law. The NYCLU supports this proposal to enhance the open meetings law. Open meetings of public entities are an essential ingredient to a fair and representative democracy. Open meetings not only ensure accountability of public officers, but also provide citizens with the opportunity to witness and participate in the operations of government. Closed meetings often result in actions that would not necessarily garner the support of the population represented. Current sanctions for violations of the open meetings law are inadequate and rarely enforced, thereby providing an opportunity for public officials to escape the intent of the law by debating and planning actions in private, and then using a public meeting to rubber-stamp them. This bill would close this loophole by permitting a court to stay the implementation of an action and remand it back to the public body for open consideration when any part of the deliberation over that action occurred in illegal, private meetings. It would also permit the imposition of a fine upon the violating public entity. The open meetings law is an important tool to ensure fair representation in a government of, by and for the people. This bill, by strengthening the remedies for violation of this law, enhances the accountability of public officials, fair representation of citizens, and opportunities for freedom of speech and civic participation. The NYCLU supports the passage of A.2046/S.3453.
Legislative Memo: Statute of Limitations Expansion for Certain Sex Offenses
Subject: A.2596/Markey (AN ACT to amend the criminal procedure law, in relation to the timeliness of prosecutions for certain sex offenses; and to amend the civil practice law and rules, in relation to the timeliness for commencing certain civil actions related to sex offenses) A.5708/Lopez (AN ACT to amend the criminal procedure law, in relation to the timeliness of prosecutions for certain sex offenses; to amend the civil practice law and rules and the general municipal law, in relation to the timeliness for commencing certain civil actions related to sex offenses)
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