Policy Alert, New York State Legislative Update 7/24

New York State Legislative Update

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Late last night, the New York State legislature concluded a rare mid-summer week of legislative activity. Both houses voted on an array of bills related to the pandemic, election law, and technology issues. Below is information on some notable bills that passed both houses. Budget issues were not discussed this week, but a digital ads tax and a data tax remain under serious consideration to fill a multi-billion dollar budget deficit. Budget discussions are expected after the federal government decides whether to provide states with additional funding, which will likely happen in August.

Also this past week, the results of eight notable state legislative Democratic primaries were finalized after lengthy absentee ballot counts. Six incumbent Assemblymembers lost their seats to individuals from the left-most wing of the Democratic Party and an open Senate and Assembly seat also went to the furthest left candidates. Progressive organizations’ unprecedented number of wins this year is expected to affect the priorities and actions of the next legislative session.

As always, please let me know if you have any questions or would like more information about what’s detailed below.

All the best,

Ryan

New York State Legislative Update

• Automatic voter registration: This is the highest profile bill passed this week and Tech:NYC has supported the concept in the past. However, given the cost of implementation, a Governor’s signature is not guaranteed.

• Contact tracing information confidentiality: Similar to HIV testing confidentiality, this bill will limit the amount of time information can be held by the state and who has access to it. A more restrictive contact tracing privacy bill did not pass.

• Ban on facial recognition technology in schools: This bill bans facial recognition technology in schools until July 2022 or until a state Education Department study, whichever comes later. If signed, the bill will invalidate the state’s first ever facial recognition technology program in a school district implemented in January 2020.

• Online lending disclosure: This bill will require disclosure of specific information for online lenders so that consumers are fully informed before executing a loan. The state’s Department of Financial Services may seek changes before the Governor signs the bill.

• Right to publicity: This bill requires affirmative consent from all individuals before their images can be sold. The legislation as written will have a negative impact on content licensing and sharing and the Senate has agreed to pass a new bill to fix these problems.

• Automatic subscription renewals: If signed, this bill will create new guidelines for companies that use automatic subscription renewals

• Broadband access expansion: A Governor’s signature of this bill is not guaranteed because the state is already working to expand broadband access in rural New York. The bill also seeks to do that by directing the Public Service Commission to study the issue and work with internet service providers to prioritize broadband access in communities without service.

• Antitrust expansion: While this bill did not pass either house, it is aimed at the technology industry. It was introduced by the Senate’s Deputy Majority Leader and we have learned that it will again be seriously considered when the legislature is next in session.