New York State - Civil Rights - CVR - Article 7
ARTICLE 7
MISCELLANEOUS RIGHTS AND IMMUNITIES
Section 70. Vexatious suits.
70-a. Actions involving public petition and participation; recovery of damages.
70-b. Unlawful interference with protected rights.
71. Damages in action for suing in name of another.
72. Term of imprisonment of civil prisoner.
73. Code of fair procedure for investigating agencies.
74. Privileges in action for libel.
75. Defamation by radio or television.
76. Action for libel: evidence, separate verdicts.
76-a. Actions involving public petition and participation; when actual malice to be proven.
77. Special damages in action for slander of a woman.
78. Mitigating circumstances in action for libel or slander.
79. Forfeiture of office and suspension of civil rights.
79-a. Consequence of sentence to imprisonment for life.
79-b. Forfeiture of property on conviction abolished.
79-c. Convict protected by law.
79-d. Creditor of convict.
79-e. Right to breast feed.
79-f. Liability for acts of persons assisting police officers.
79-g. Filing of certificates of honorable discharge with county clerks.
79-h. Special provisions relating to persons employed by, or connected with, news media.
79-i. Discrimination against person who refuses to perform certain act prohibited.
79-j. Confidentiality of records in multi-state information system.
79-k. Civil immunity for certain persons assisting in emergency situations.
79-l. Confidentiality of records of genetic tests.
79-m. Criminal interference with health care services, religious worship, funeral, burial or memorial service; injunction.
79-n. Bias-related violence or intimidation; civil remedy.
79-n*2. Funeral or bereavement leave.
79-o. Closed captioning in places of public accommodation, resort or amusement.
79-p. Recording certain activities.
79-p*2. Gender neutral single-occupancy bathroom facilities.
79-q. Collection of gender or sex designation information by state agencies.
§ 70. Vexatious suits. If a person vexatiously or maliciously, in the name of another but without the latter's consent, or in the name of an unknown person, commences or continues, or causes to be commenced or continued, an action or special proceeding, in a court, of record or not of record, or a special proceeding before a judge or a justice of the peace; or takes, or causes to be taken, any proceeding, in the course of an action or special proceeding in such a court, or before such an officer, either before or after judgment or other final determination; an action to recover damages therefor may be maintained against him by the adverse party to the action or special proceeding; and a like action may be maintained by the person, if any, whose name was thus used. He is also guilty of a misdemeanor, punishable by imprisonment not exceeding six months.
§ 70-a. Actions involving public petition and participation; recovery of damages. 1. A defendant in an action involving public petition and participation, as defined in paragraph (a) of subdivision one of section seventy-six-a of this article, may maintain an action, claim, cross claim or counterclaim to recover damages, including costs and attorney's fees, from any person who commenced or continued such action; provided that:
(a) costs and attorney's fees shall be recovered upon a demonstration, including an adjudication pursuant to subdivision (g) of rule thirty-two hundred eleven or subdivision (h) of rule thirty-two hundred twelve of the civil practice law and rules, that the action involving public petition and participation was commenced or continued without a substantial basis in fact and law and could not be supported by a substantial argument for the extension, modification or reversal of existing law;
(b) other compensatory damages may only be recovered upon an additional demonstration that the action involving public petition and participation was commenced or continued for the purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of speech, petition or association rights; and
(c) punitive damages may only be recovered upon an additional demonstration that the action involving public petition and participation was commenced or continued for the sole purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of speech, petition or association rights.
2. The right to bring an action under this section can be waived only if it is waived specifically.
3. Nothing in this section shall affect or preclude the right of any party to any recovery otherwise authorized by common law, or by statute, law or rule.
§ 70-b. Unlawful interference with protected rights. 1. A claim of unlawful interference with protected rights is established under this section. Such claim shall arise when a person demonstrates that they exercised or attempted to exercise, or facilitated or attempted to facilitate the exercise of a right protected under the constitution of the state of New York and/or protected or permitted by the laws of the state of New York, to obtain or provide the medical care described in subdivision six of this section, and such exercise, provision, facilitation, or attempt thereof results in litigation or criminal charges brought against that person in any court in the United States or its territories.
2. Such claim shall arise when any person or entity commences an action in any court, in the United States or any of its territories, in which the allegations against the person, whether civil or criminal, involve accessing, providing, facilitating, or attempting to access, provide, or facilitate the medical care described in subdivision six of this section.
3. In a claim for unlawful interference with protected rights under this section:
(a) compensatory damages, as well as costs and attorneys' fees, including expert witness fees, shall be recoverable upon a demonstration of unlawful interference; and
(b) additional damages of up to three times the amount of compensatory damages shall be recoverable upon an additional demonstration that the action against the plaintiff was commenced or continued for the purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the exercise of rights protected in New York, including but not limited to the rights in subdivision six of this section.
4. Any action or proceeding brought pursuant to this section shall be commenced no later than six years after the date on which the violation of this section is committed.
5. Nothing in this section shall affect or preclude the right of any party to any recovery otherwise authorized by common law, or by statute, law or rule.
6. Rights specifically protected under this section shall include lawfully provided medical care including but not limited to reproductive and/or endocrine health care, and all medical, surgical, counseling or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy.
7. An action under this section shall be brought in the Supreme Court of the state of New York.
§ 71. Damages in action for suing in name of another. In an action, brought by the adverse party, as prescribed in the last section, the plaintiff, if he recovers final judgment, is entitled to recover treble damages. In an action, brought by the person whose name was used, as prescribed in the last section, the plaintiff is entitled to recover his actual damages, and two hundred and fifty dollars in addition thereto.
§ 72. Term of imprisonment of civil prisoner. No person shall be imprisoned within the prison walls of any jail for a longer period than three months under an execution or any other mandate against the person to enforce the recovery of a sum of money less than five hundred dollars in amount or under a commitment upon a fine for contempt of court in the nonpayment of alimony, maintenance, distributive awards or special relief in matrimonial actions or counsel fees in a divorce case where the amount so to be paid is less than the sum of five hundred dollars; and where the amount in either of said cases is five hundred dollars or over, such imprisonment shall not continue for a longer period than six months. It shall be the duty of the sheriff in whose custody any such person is held to discharge such person at the expiration of said respective periods without any formal application being made therefor. No person shall be imprisoned within the jail liberties of any jail for a longer period than six months upon any execution or other mandate against the person to enforce the recovery of a sum of five hundred dollars or over or for a longer period than three months where the amount is less than five hundred dollars, and no action shall be commenced against the sheriff upon a bond given for the jail liberties by such person. In computing the term of imprisonment time spent within the prison walls of any jail and time spent within the jail liberties shall be included. Notwithstanding such a discharge in either of the above cases, the judgment creditor in the execution, or the person at whose instance the said mandate was issued, has the same remedy against the property of the person imprisoned which he or she had before such execution or mandate was issued; but the prisoner shall not be again imprisoned upon a like process issued in the same action or arrested in any action upon any judgment under which the same may have been granted. Except in a case hereinbefore specified nothing in this section shall affect a commitment for contempt of court.
§ 73. Code of fair procedure for investigating agencies. 1. As used in this section the following terms shall mean and include:
(a) "Agency". A standing or select committee of either house of the legislature or a joint committee of both houses; a duly authorized subcommittee of any such legislative committee; the commissioner of investigation acting pursuant to section eleven of the executive law; a commissioner appointed by the governor acting pursuant to section six of the executive law; the attorney general acting pursuant to subdivision eight of section sixty-three of the executive law; any temporary state commission or any duly authorized subcommittee thereof which has the power to require testimony or the production of evidence by subpoena or other compulsory process in an investigation being conducted by it; and any standing or select committee, or subcommittee thereof, of the constitutional convention to be held in the year nineteen hundred sixty-seven.
(b) "Hearing". Any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted before an agency at which testimony or the production of other evidence may be compelled by subpoena or other compulsory process.
(c) "Public hearing". Any hearing open to the public, or any hearing, or such part thereof, as to which testimony or other evidence is made available or disseminated to the public by the agency.
(d) "Private hearing". Any hearing other than a public hearing.
2. No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of this section, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the agency upon request therefor by the person summoned.
3. A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may deem appropriate to its inquiry.
4. A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.
5. A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding.
6. Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by any member of the agency or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the investigatory proceeding.
7. Nothing herein contained shall be construed to prevent an agency from granting to witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may determine.
8. Except in the course of a subsequent hearing which is open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview before a committee or other multi-member investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this subdivision shall be guilty of a misdemeanor.
9. No temporary state commission having more than two members shall have the power to take testimony at a public or private hearing unless at least two of its members are present at such hearing.
10. Nothing herein contained shall be construed to effect, diminish or impair the right, under any other provision of law, rule or custom, of any member or group of members of a committee or other multi-member investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the committee or agency.
§ 74. Privileges in action for libel. A civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published.
This section does not apply to a libel contained in any other matter added by any person concerned in the publication; or in the report of anything said or done at the time and place of such a proceeding which was not a part thereof.
§ 75. Defamation by radio or television. 1. The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by any legally qualified candidate for public office whose utterances, under rules and regulations of the federal communications commission may not be subject to censorship by such owner, licensee or operator of such visual or sound radio broadcasting station or network of stations, or their agents or employees.
2. A "legally qualified candidate" means any person who has publicly announced that he is a candidate for nomination by a convention of a political party or for nomination or election in a primary, special, or general election, municipal, county, state or national, and who meets the qualifications prescribed by the applicable laws to hold the office for which he is a candidate, so that he may be voted for by the electorate directly or by means of delegates or electors and who (a) has qualified for a place on the ballot or (b) is eligible under the applicable law to be voted by writing in his name on the ballot, or other method, and who has been nominated by a political party which is commonly known and regarded as such or makes a substantial showing that he is a bona fide candidate for nomination or office, as the case may be.
3. In order to be absolved from liability for damages for any utterance by a legally qualified candidate as herein defined in or as part of a visual or sound radio broadcast, the owner, licensee or operator of such visual or sound radio broadcasting station or network of stations, or the agents or employees thereof, shall announce, in substance, at the beginning and end of each such political broadcast of more than five minutes duration, and at the beginning of each such political broadcast of five minutes duration or less, that the remarks about to be made, or made, as the case may be, by the speaker are not to be construed as reflecting the opinions or beliefs of the station, its ownership or management.
§ 76. Action for libel: evidence, separate verdicts. At the trial of any civil action for libel, the defendant may prove, for consideration by the jury in fixing the amount of the verdict, that the plaintiff has already recovered damages, or has received, or agreed to receive, compensation in respect of a libel or libels of a similar purport or effect as the libel for which such action has been brought. In consolidated actions based on libels of similar purport or effect the jury shall assess the whole amount of the plaintiff's damages in one sum, but a separate verdict shall be taken for or against each defendant and the jury shall apportion the amount of damages among the defendants against whom it found a verdict.
§ 76-a. Actions involving public petition and participation; when actual malice to be proven.
1. For purposes of this section:
(a) An "action involving public petition and participation" is a claim based upon:
(1) any communication in a place open to the public or a public forum in connection with an issue of public interest; or
(2) any other lawful conduct in furtherance of the exercise of the constitutional right of free speech in connection with an issue of public interest, or in furtherance of the exercise of the constitutional right of petition.
(b) "Claim" includes any lawsuit, cause of action, cross-claim, counterclaim, or other judicial pleading or filing requesting relief.
(c) "Communication" shall mean any statement, claim, allegation in a proceeding, decision, protest, writing, argument, contention or other expression.
(d) "Public interest" shall be construed broadly, and shall mean any subject other than a purely private matter.
2. In an action involving public petition and participation, damages may only be recovered if the plaintiff, in addition to all other necessary elements, shall have established by clear and convincing evidence that any communication which gives rise to the action was made with knowledge of its falsity or with reckless disregard of whether it was false, where the truth or falsity of such communication is material to the cause of action at issue.
3. Nothing in this section shall be construed to limit any constitutional, statutory or common law protections of defendants to actions involving public petition and participation.
§ 77. Special damages in action for slander of a woman. In an action of slander of a woman imputing unchastity to her, it is not necessary to allege or prove special damages.
§ 78. Mitigating circumstances in action for libel or slander. In an action for libel or slander the defendant may prove mitigating circumstances, including the sources of his information and the grounds for his belief, whether or not he has pleaded or attempted to prove any defense. A defendant in default for want of an answer may prove such mitigating circumstances upon a reference or inquiry to ascertain the amount of the plaintiff's damages. Matter tending only to mitigate or reduce damages is a partial defense and may be set forth in the answer.
§ 79. Forfeiture of office and suspension of civil rights.
1. Except as provided in subdivision two a sentence of imprisonment in a state correctional institution for any term less than for life or a sentence of imprisonment in a state correctional institution for an indeterminate term, having a minimum of one day and a maximum of natural life, forfeits all the public offices, and suspends, during the term of the sentence, all the civil rights, and all private trusts, authority, or powers of, or held by, the person sentenced.
2. A sentence of imprisonment in a state correctional institution for any term less than for life or a sentence of imprisonment in a state correctional institution for an indeterminate term, having a minimum of one day and a maximum of natural life shall not be deemed to suspend the right or capacity of any person so sentenced to commence and prosecute an action or proceeding in any court within this state or before a body or officer exercising judicial, quasi-judicial or administrative functions within this state; provided, however, that where at the time of the commencement and during the prosecution of such action or proceeding such person is an incarcerated individual of a state correctional institution, he or she shall not appear at any place other than within the institution for any purpose related to such action or proceeding unless upon a subpoena issued by the court before whom such action or proceeding is pending or, where such action or proceeding is pending before a body or officer, before a judge to whom a petition for habeas corpus could be made under subdivision (b) of section seven thousand two of the civil practice law and rules upon motion of any party and upon a determination that such person's appearance is essential to the proper and just disposition of the action or proceeding. Unless the court orders otherwise, a motion for such subpoena shall be made on at least two days' notice to the commissioner of corrections and community supervision.
3. (a) Except as provided in paragraph (b) of this subdivision, the state shall not be liable for any expense of or related to any such action or proceeding, including but not limited to the expense of or related to transporting the incarcerated individual to, or lodging or guarding him or her at any place other than in a state correctional institution. The department of corrections and community supervision shall not be required to perform any services related to such action or proceeding, including but not limited to transporting the incarcerated individual to or lodging or guarding him at any place other than a state correctional institution unless and until the department has received payment for such services.
(b) Where the incarcerated individual is permitted in accordance with any other law to proceed with the action or proceeding as a poor person the expense of transporting the incarcerated individual to, or lodging or guarding him or her at any place other than in a state correctional institution or any other expense relating thereto shall be a state charge; provided, however, that where an incarcerated individual has been granted such permission and a recovery by judgment or by settlement is had in his or her favor, the court may direct him or her to pay out of the recovery all or part of any sum expended by the state.
§ 79-a. Consequence of sentence to imprisonment for life. 1. Except as provided in subdivisions two and three, a person sentenced to imprisonment for life is thereafter deemed civilly dead; provided, that such a person may marry while on community supervision, or after he or she has been discharged from community supervision, if otherwise capable of contracting a valid marriage. A marriage contracted pursuant to this section by a person while he or she is on community supervision, without prior written approval of the commissioner of corrections and community supervision, shall be ground for revocation of the community supervision. This section shall not be deemed to impair the validity of a marriage between a person sentenced to imprisonment for life and his or her spouse.
2. A sentence to imprisonment for life shall not be deemed to suspend the right or capacity of any person so sentenced to commence, prosecute or defend an action or proceeding in any court within this state or before a body or officer exercising judicial, quasi-judicial or administrative functions within this state; provided, however, that where at the time of the commencement and during the prosecution or defense of such action or proceeding such person is an incarcerated individual of a state correctional institution, he or she shall not appear at any place other than within the institution for any purpose related to such action or proceeding unless upon a subpoena issued by the court before whom such action or proceeding is pending or, where such action or proceeding is pending before a body or officer, before a judge to whom a petition for habeas corpus could be made under subdivision (b) of section seven thousand two of the civil practice law and rules upon motion of any party and upon a determination that such person's appearance is essential to the proper and just disposition of the action or proceeding. Unless the court orders otherwise, a motion for such subpoena shall be made on at least two days' notice to the commissioner of corrections and community supervision.
3. (a) Except as provided in paragraph (b) of this subdivision, the state shall not be liable for any expense of or related to any such action or proceeding, including but not limited to the expense of or related to transporting the incarcerated individual to, or lodging or guarding him or her at any place other than in a state correctional institution. The department of corrections and community supervision shall not be required to perform any services related to such action or proceeding, including but not limited to transporting the incarcerated individual to or lodging or guarding him or her at any place other than a state correctional institution unless and until the department has received payment for such services.
(b) Where the incarcerated individual is permitted in accordance with any other law to proceed with the action or proceeding as a poor person the expense of transporting the incarcerated individual to, or lodging or guarding him or her at any place other than in a state correctional institution or any other expense relating thereto shall be a state charge; provided, however, that where an incarcerated individual has been granted such permission and a recovery by judgment or by settlement is had in his or her favor, the court may direct him or her to pay out of the recovery all or part of any sum expended by the state.
4. This section shall not apply to a person sentenced to imprisonment for an indeterminate term, having a minimum of one day and a maximum of his natural life.
Nothing in this section shall be deemed to preclude the issuance of a certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law to a person who previously has been sentenced to imprisonment for life.
§ 79-b. Forfeiture of property on conviction abolished. A conviction of a person for any crime, does not work a forfeiture of any property, real or personal, or any right or interest therein. All forfeitures to the people of the state, in the nature of deodands, or in a case of suicide, or where a person flees from justice, are abolished.
§ 79-c. Convict protected by law. A convict sentenced to imprisonment is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he were not sentenced or convicted.
Nothing in sections seventy-nine or seventy-nine-a of this chapter shall be deemed to deny a convict sentenced to imprisonment the right to injunctive relief for improper treatment where such treatment constitutes a violation of his constitutional rights.
§ 79-d. Creditor of convict. A person injured by the commission of a felony, for which the offender is sentenced to imprisonment in a state prison, is deemed the creditor of the offender, and of his estate after his death, within the provisions of the statutes relating thereto.
The damages sustained by the person injured by the felonious act, may be ascertained in an action brought for that purpose by him against the trustees of the estate of the offender, appointed under the provisions of the statutes, or the executor or administrator of the offender's estate.
§ 79-e. Right to breast feed. Notwithstanding any other provision of law, a mother may breast feed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether or not the nipple of the mother's breast is covered during or incidental to the breast feeding.
§ 79-f. Liability for acts of persons assisting police officers.
1. Notwithstanding any inconsistent provisions of law, general or special or local, the state shall save harmless and protect any person who, upon being lawfully commanded, renders assistance to a police officer employed by the state in the performance of his duties, from any financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence, other than gross negligence, or an alleged tortious act of the person rendering such assistance which results in bodily injury or property damage; any political subdivision of the state shall save harmless and protect any person who, upon being lawfully commanded, renders assistance to a police officer of such political subdivision in the performance of his duties, from any financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence, other than gross negligence, or an alleged tortious act of the person rendering such assistance which results in bodily injury or property damage; any agency of the state shall save harmless and protect any person who, upon being lawfully commanded, renders assistance to a police officer of such agency in the performance of his duties, from any financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence, other than gross negligence, or an alleged tortious act of the person rendering such assistance which results in bodily injury or property damage.
2. The state or an agency or political subdivision thereof shall not be subject to the duty imposed by this section, unless the person who rendered assistance shall, within ten days of the time he is served with any summons, complaint, process, notice, demand or pleading, deliver the original or a copy thereof to the chief legal officer of the state or agency or political subdivision thereof, as the case may be.
3. Thereafter, the state, agency or political subdivision, as the case may be, shall be entitled to appear in any further proceedings arising under this section.
4. As used in this section the term police officer means any member of a duly organized police force or department of any county, city, town, village, municipality, authority, police district, regional state park commission when employed full time in the enforcement of the general criminal laws of the state, or any member of the state police or a sheriff, undersheriff or deputy sheriff, other than a special deputy sheriff.
§ 79-g. Filing of certificates of honorable discharge with county clerks. a. Notwithstanding the provisions of any general, special or local law to the contrary, any person filing a certificate of honorable discharge in the office of a county clerk shall have the right to direct the county clerk to keep such certificate sealed.
b. Thereafter, such certificate shall be made available to the veteran, a duly authorized agent or representative of such veteran or the representative of the estate of a deceased veteran but shall not be available for public inspection.
§ 79-h. Special provisions relating to persons employed by, or connected with, news media.
(a) Definitions. As used in this section, the following definitions shall apply:
(1) "Newspaper" shall mean a paper that is printed and distributed ordinarily not less frequently than once a week, and has done so for at least one year, and that contains news, articles of opinion (as editorials), features, advertising, or other matter regarded as of current interest, has a paid circulation and has been entered at United States post-office as second-class matter.
(2) "Magazine" shall mean a publication containing news which is published and distributed periodically, and has done so for at least one year, has a paid circulation and has been entered at a United States post-office as second-class matter.
(3) "News agency" shall mean a commercial organization that collects and supplies news to subscribing newspapers, magazines, periodicals and news broadcasters.
(4) "Press association" shall mean an association of newspapers and/or magazines formed to gather and distribute news to its members.
(5) "Wire service" shall mean a news agency that sends out syndicated news copy by wire to subscribing newspapers, magazines, periodicals or news broadcasters.
(6) "Professional journalist" shall mean one who, for gain or livelihood, is engaged in gathering, preparing, collecting, writing, editing, filming, taping or photographing of news intended for a newspaper, magazine, news agency, press association or wire service or other professional medium or agency which has as one of its regular functions the processing and researching of news intended for dissemination to the public; such person shall be someone performing said function either as a regular employee or as one otherwise professionally affiliated for gain or livelihood with such medium of communication.
(7) "Newscaster" shall mean a person who, for gain or livelihood, is engaged in analyzing, commenting on or broadcasting, news by radio or television transmission.
(8) "News" shall mean written, oral, pictorial, photographic, or electronically recorded information or communication concerning local, national or worldwide events or other matters of public concern or public interest or affecting the public welfare.
(b) Exemption of professional journalists and newscasters from contempt: Absolute protection for confidential news. Notwithstanding the provisions of any general or specific law to the contrary, no professional journalist or newscaster presently or having previously been employed or otherwise associated with any newspaper, magazine, news agency, press association, wire service, radio or television transmission station or network or other professional medium of communicating news or information to the public shall be adjudged in contempt by any court in connection with any civil or criminal proceeding, or by the legislature or other body having contempt powers, nor shall a grand jury seek to have a journalist or newscaster held in contempt by any court, legislature or other body having contempt powers for refusing or failing to disclose any news obtained or received in confidence or the identity of the source of any such news coming into such person's possession in the course of gathering or obtaining news for publication or to be published in a newspaper, magazine, or for broadcast by a radio or television transmission station or network or for public dissemination by any other professional medium or agency which has as one of its main functions the dissemination of news to the public, by which such person is professionally employed or otherwise associated in a news gathering capacity notwithstanding that the material or identity of a source of such material or related material gathered by a person described above performing a function described above is or is not highly relevant to a particular inquiry of government and notwithstanding that the information was not solicited by the journalist or newscaster prior to disclosure to such person.
(c) Exemption of professional journalists and newscasters from contempt: Qualified protection for nonconfidential news. Notwithstanding the provisions of any general or specific law to the contrary, no professional journalist or newscaster presently or having previously been employed or otherwise associated with any newspaper, magazine, news agency, press association, wire service, radio or television transmission station or network or other professional medium of communicating news to the public shall be adjudged in contempt by any court in connection with any civil or criminal proceeding, or by the legislature or other body having contempt powers, nor shall a grand jury seek to have a journalist or newscaster held in contempt by any court, legislature, or other body having contempt powers for refusing or failing to disclose any unpublished news obtained or prepared by a journalist or newscaster in the course of gathering or obtaining news as provided in subdivision (b) of this section, or the source of any such news, where such news was not obtained or received in confidence, unless the party seeking such news has made a clear and specific showing that the news: (i) is highly material and relevant; (ii) is critical or necessary to the maintenance of a party's claim, defense or proof of an issue material thereto; and (iii) is not obtainable from any alternative source. A court shall order disclosure only of such portion, or portions, of the news sought as to which the above-described showing has been made and shall support such order with clear and specific findings made after a hearing. The provisions of this subdivision shall not affect the availability, under appropriate circumstances, of sanctions under section thirty-one hundred twenty-six of the civil practice law and rules.
(d) Any information obtained in violation of the provisions of this section shall be inadmissible in any action or proceeding or hearing before any agency.
(e) No fine or imprisonment may be imposed against a person for any refusal to disclose information privileged by the provisions of this section.
(f) The privilege contained within this section shall apply to supervisory or employer third person or organization having authority over the person described in this section.
(g) Notwithstanding the provisions of this section, a person entitled to claim the exemption provided under subdivision (b) or (c) of this section waives such exemption if such person voluntarily discloses or consents to disclosure of the specific information sought to be disclosed to any person not otherwise entitled to claim the exemptions provided by this section.
§ 79-i. Discrimination against person who refuses to perform certain act prohibited.
1. When the performing of an abortion on a human being or assisting thereat is contrary to the conscience or religious beliefs of any person, he may refuse to perform or assist in such abortion by filing a prior written refusal setting forth the reasons therefor with the appropriate and responsible hospital, person, firm, corporation or association, and no such hospital, person, firm, corporation or association shall discriminate against the person so refusing to act.
A violation of the provisions of this section shall constitute a misdemeanor.
2. No civil action for negligence or malpractice shall be maintained against a person so refusing to act based on such refusal.
§ 79-j. Confidentiality of records in multi-state information system.
1. An ongoing research and demonstration project called the multi-state information system for psychiatric patients located at Rockland state hospital in Rockland county has been developed by a number of cooperating states and is designed to provide a computer-based system for records and statistics of mental health patients in those states. The records stored by the multi-state information system are intended also for research and demonstration purposes concerning (1) the feasibility of computer-based record systems improving the quality of medical information available to clinicians treating psychiatric patients and (2) the quality of aggregate statistics to aid in planning, operating and monitoring psychiatric services. Such records are not intended to substitute for or replace original records retained in the cooperating mental health facilities and agencies. In order to protect the privacy of the information stored in such records which relates to patients in facilities outside of the state of New York, it is necessary and desirable that such records be declared confidential and not subject to examination in the courts or by agencies of this state.
2. The records and information concerning patients in mental health and related facilities located outside of the state of New York and currently or hereafter stored in the multi-state information system for psychiatric patients maintained at Rockland state hospital in the county of Rockland are not public records. Such records and information shall be confidential and shall not be subject to subpoena in any court or before any tribunal or administrative agency. Such records and information shall not be open for inspection by nor otherwise available to any agency or individual other than the agency or facility submitting the records or information and the technical staff of the multi-state information system except that the commissioner of mental hygiene shall have the power to conduct an annual review of the operation of the information system in order to assure its proper and lawful operation in the interest of the agencies and facilities contributing records and information to such system. Aggregate statistics drawn from the records stored, with all personal identification removed, may be released by the system for research and planning purposes.
3. Nothing in this act shall affect existing law with respect to the records of patients now or formerly treated in facilities in this state. The records stored in the multi-state information system described in subdivision two shall not be considered records of the department of mental hygiene.
§ 79-k. Civil immunity for certain persons assisting in emergency situations.
1. Any person who voluntarily and without the expectation of monetary compensation provides assistance in the event of an accident or other emergency situation involving the use, handling, transportation, transmission or storage of compressed gases and/or liquefied petroleum gases shall not be liable for any civil damages for injuries resulting from any act of commission or omission on his part in the course of his rendering such assistance unless it is established that such injuries were caused by gross negligence on the part of such person.
2. Nothing in this section shall be deemed to relieve any person from liability for civil damages (a) where the accident or emergency referred to in subdivision one of this section involved his own facilities or equipment or (b) resulting from any act of commission or omission on his part in the course of providing care or assistance in the normal and ordinary course of his own business or profession.
3. For purposes of this section, the term "gross negligence" means reckless, willful, wanton or intentional misconduct.
§ 79-l. Confidentiality of records of genetic tests.
1. As used in this section, the following terms shall have the following meanings:
(a) "genetic test" shall mean any laboratory test of human DNA, chromosomes, genes, or gene products to diagnose the presence of a genetic variation linked to a predisposition to a genetic disease or disability in the individual or the individual's offspring; such term shall also include DNA profile analysis. "Genetic test" shall not be deemed to include any test of blood or other medically prescribed test in routine use that has been or may be hereafter found to be associated with a genetic variation, unless conducted purposely to identify such genetic variation.
(b) "genetic predisposition" shall mean the presence of a variation in the composition of the genes of an individual or an individual's family member which is scientifically or medically identifiable and which is determined to be associated with an increased statistical risk of being expressed as either a physical or mental disease or disability in the individual or having offspring with a genetically influenced disease, but which has not resulted in any symptoms of such disease or disorder.
(c) "biological sample" shall mean any material part of the human body or of discharge therefrom known to contain DNA, including but not limited to tissue specimen, blood, or urine.
(d) "institutional review board" shall mean a human research review committee established and approved under the provisions of article twenty-four-A of the public health law, or an institutional review board established and approved under the provisions of 45 CFR part 46 or 42 USC 30 V-1, for the purpose of reviewing and monitoring research involving human subjects.
2. (a) No person shall perform a genetic test on a biological sample taken from an individual without the prior written informed consent of such individual as provided in paragraph (b) of this subdivision, except as otherwise provided in paragraph (c) of subdivision two and by subdivision nine of this section.
(b) Written informed consent to a genetic test shall consist of written authorization that is dated and signed and includes at least the following:
(1) a general description of the test;
(2) a statement of the purpose of the test;
2-a. a statement indicating that the individual may wish to obtain professional genetic counseling prior to signing the informed consent.
(3) a statement that a positive test result is an indication that the individual may be predisposed to or have the specific disease or condition tested for and may wish to consider further independent testing, consult their physician or pursue genetic counseling;
(4) a general description of each specific disease or condition tested for;
(5) the level of certainty that a positive test result for that disease or condition serves as a predictor of such disease. If no level of certainty has been established, this subparagraph may be disregarded;
(6) the name of the person or categories of persons or organizations to whom the test results may be disclosed;
(7) a statement that no tests other than those authorized shall be performed on the biological sample and that the sample shall be destroyed at the end of the testing process or not more than sixty days after the sample was taken, unless a longer period of retention is expressly authorized in the consent; and
(8) the signature of the individual subject of the test or, if that individual lacks the capacity to consent, the signature of the person authorized to consent for such individual.
(c) A general waiver, wherein consent is secured for genetic testing without compliance with paragraph (b) of this subdivision, shall not constitute informed consent. Notwithstanding the provisions of this section, for purposes of research conducted in accordance with the provisions of subdivision nine of this section, a general waiver for the use of samples for research may be granted which would authorize the use of samples for these research purposes.
(d) Any further disclosure of genetic test results to persons or organizations not named on the informed consent shall require the further informed consent of the subject of the test.
(e) Written consent by an individual for tests to be conducted on a biological sample and to the lawful possession and ownership of such sample by a laboratory shall not be deemed written informed consent for the performance of any genetic test on that sample, except as further provided in subdivision four of this section.
(f) For medical research purposes, with the approval of an institutional review board and the written informed consent of the subject, samples may be kept for longer than sixty days and utilized for scientific research. The requirements of subparagraphs three, four and five of paragraph (b) of this subdivision may be modified by the institutional review board in case the research protocol does not permit such degree of specificity.
3. (a) All records, findings and results of any genetic test performed on any person shall be deemed confidential and shall not be disclosed without the written informed consent of the person to whom such genetic test relates. This information shall not be released to any person or organization not specifically authorized by the individual subject of the test. Unauthorized solicitation or possession of such information shall be unlawful, except for the unintentional possession of such information as part of a health record created prior to the effective date of this section and provided no action adverse to the interests of the subject are taken as a result of such possession. Nothing in this section shall preclude the release of such information, with the subject's consent, to a health insurer or health maintenance organization of any information reasonably required for purposes of claims administration, provided, however, that further distribution within the insurer or to other recipients shall require the subject's informed consent in each case.
(b) No person who lawfully possesses information derived from a genetic test on a biological sample from an individual shall incorporate such information into the records of a non-consenting individual who may be genetically related to the tested individual; nor shall any inferences be drawn, used, or communicated regarding the possible genetic status of the non-consenting individual.
4. (a) Notwithstanding the provisions of subdivision two of this section, genetic tests may be performed on anonymous samples for research or statistical purposes, pursuant to a research protocol approved by an institutional review board which assures the anonymity of the sources of the samples.
(b) Notwithstanding the provisions of subdivision two of this section, genetic tests may be performed without the consent of the person who is the subject of the tests pursuant to an order of a court of competent jurisdiction or as provided pursuant to article forty-nine-B of the executive law or as provided by section twenty-five hundred-a of the public health law.
(c) Notwithstanding the provisions of paragraph (a) of subdivision three of this section, the results of a genetic test may be disclosed to specified individuals without the consent of the subject of the test as provided in an order of a court of competent jurisdiction or as provided pursuant to article forty-nine-B of the executive law or section twenty-five hundred-a of the public health law.
(d) In authorizing a genetic test or the disclosure of genetic test results to specified individuals, the court shall consider the privacy interests of the individual subject of the genetic test and of close relatives of such individual, the public interest, and, in the case of medical or anthropological research, the ethical appropriateness of the research. Disclosure shall be permitted only to individuals or agencies expressly named in court orders.
5. Penalties. (a) Any person who violates the provisions of subdivision two or three of this section shall be guilty of a violation punishable by a civil fine of not more than one thousand dollars.
(b) Any person who willfully violates the provisions of subdivision two or three of this section shall be guilty of a misdemeanor punishable by a fine of not more than five thousand dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment.
6. Nothing in this section shall be applicable to an authorized insurer, as defined in paragraph ten of subsection (a) of section one hundred seven of the insurance law, or a person acting on behalf of an authorized insurer who is in compliance with section twenty-six hundred twelve of the insurance law nor shall anything in this section be deemed to prohibit or limit an authorized insurer from obtaining information pursuant to section twenty-six hundred twelve of the insurance law.
7. Notwithstanding the provisions of subdivision two of this section, genetic testing of newborn infants may be performed as provided pursuant to article twenty-five and section forty-one hundred thirty-five-b of the public health law.
8. Notwithstanding the provisions of subparagraph seven of paragraph (b) of subdivision two of this section, additional genetic testing may be performed on a given sample without additional consent of the person tested provided such testing is necessary and required to demonstrate the integrity of the sample tested or to resolve the analysis of a test with a previously indeterminate result.
9. (a) Notwithstanding the provisions of subdivisions two and ten of this section, samples may be used for tests other than those for which specific consent has been obtained, for purposes of research conducted in accordance with applicable law and regulation and pursuant to a research protocol approved by an institutional review board, provided that the individuals who provided the samples have given prior written informed consent for the use of their sample for general research purposes and did not specify time limits or other factors that would restrict use of the sample for the test, and (1) the samples have been permanently stripped of identifying information; or (2) a coding system has been established to protect the identity of the individuals who provided the samples, and an institutional review board has reviewed and approved the procedures for the coding system.
(b) If consent to storage of the tissue sample is withdrawn at any time, the entity storing the sample shall promptly destroy the sample or portions thereof that have not already been used for research purposes.
(c) In no event shall family members of an individual who provided a stored tissue sample be contacted for clinical, research, or other purposes without consent from the individual who provided the tissue sample with respect to the specific family members who will be contacted and the specific purpose of the contact.
(d) In no event shall any information about an individual derived from genetic tests performed on stored human tissue or information linking an individual with specific results of genetic tests be released to any organization or person without the explicit written consent of the individual who donated the stored tissue to release of the information for the purposes set forth in the written consent document.
(e) Written informed consent for use of stored human tissue for general research purposes shall consist of written authorization that includes at least the following:
(1) a statement that the sample will be used for future genetic tests;
(2) the time period during which the tissue will be stored, or if no time limit is specified, a statement that the tissue will be stored for as long as deemed useful for research purposes;
(3) a description of the policies and procedures to protect patient confidentiality;
(4) a statement of the right to withdraw consent to use of the tissue for future use at any time and the name of the organization that should be contacted to withdraw consent;
(5) a statement allowing individuals to consent to future contact for any or all purposes, including the following: (i) research purposes; (ii) provision of general information about research findings; and (iii) information about the test on their sample that may benefit them or their family members in relation to their choices regarding preventive or clinical care; and
(6) a statement explaining the benefits and risks of consenting to future contact for the purposes set forth in subparagraph five of this paragraph. In no event shall information about specific test results on stored human tissue donated for general research purposes be disclosed to an individual without obtaining informed consent for the disclosure as required by paragraph (b) of subdivision two of this section.
10. Notwithstanding the provisions of subdivision two of this section, DNA samples may be stored for up to ten years in the absence of genetic testing, if authorized in writing by the subject. Prior to the performance of any genetic test upon stored samples, informed consent must be obtained as provided in subdivision two of this section. Retention of a DNA sample past a period of ten years requires explicit consent for a longer or indefinite period of retention.
11. Genetic testing may be performed on specimens from deceased persons if informed consent is provided by the next-of-kin as specified in subdivision two of this section.
§ 79-m. Criminal interference with health care services, religious worship, funeral, burial or memorial service; injunction. Whenever the attorney general or district attorney of the county where the affected health care facility, place of religious worship, or site of a funeral, burial or memorial service is located has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of section 240.21, 240.70 or 240.71 of the penal law, the attorney general or district attorney may bring an action in the name of the people of the state of New York to permanently enjoin such violation. In such action preliminary and temporary relief may be granted under article sixty-three of the civil practice law and rules.
* § 79-n. Bias-related violence or intimidation; civil remedy.
1. The following definitions are applicable to this section:
(a) The term "disability" means a physical or mental impairment that substantially limits a major life activity.
(b) The term "age" means sixty years of age or more.
(c) The term "sexual orientation" means a person's actual or perceived homosexuality, heterosexuality, or bisexuality.
(d) The term "gender" means a person's actual or perceived sex and shall include a person's gender identity or expression.
2. Any person who intentionally selects a person or property for harm or causes damage to the property of another or causes physical injury or death to another, or subjects a person to conduct that would constitute harassment under section 240.25 of the penal law, or summons a police officer or peace officer without reason to suspect a violation of the penal law, any other criminal conduct, or an imminent threat to a person or property, in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or any person who aids or incites any such conduct, shall be liable, in a civil action or proceeding maintained by such individual or group of individuals, for injunctive relief, damages, or any other appropriate relief in law or equity. If it shall appear to the satisfaction of the court or justice that the respondent has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. For the purposes of this subdivision, a person lacks reason to suspect a violation of the penal law, any other criminal conduct, or an imminent threat to a person or property where a reasonable person would not suspect such violation, conduct, or threat.
3. In addition to the remedies in subdivision two of this section, whenever there shall be a violation of this section by any person or by any firm, partnership, association, or corporation, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction for an injunction to enjoin and restrain the continuance of such activity, and to seek damages, or any other appropriate relief in law or equity. In connection with any such application, the attorney general is authorized to take proof and determine the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
4. In any such action or proceeding, the court, in its discretion, may allow the party commencing such action or proceeding, if such party prevails, reasonable attorneys' fees as part of the costs.
5. In addition to the remedies provided in subdivisions two and three of this section, a court may additionally impose a civil penalty of not more than five thousand dollars for each violation of this section.
* NB There are 2 § 79-n's
* § 79-n. Funeral or bereavement leave. No employer who extends to its employees funeral or bereavement leave for the death of an employee's spouse or the child, parent or other relative of the spouse shall deny the same leave to an employee for the death of the employee's same-sex committed partner or the child, parent or other relative of the committed partner. For the purposes of this section, same-sex committed partners are those who are financially and emotionally interdependent in a manner commonly presumed of spouses.
* NB There are 2 § 79-n's
§ 79-o. Closed captioning in places of public accommodation, resort or amusement.
1. A place of public accommodation, resort or amusement, as defined in subdivision nine of section two hundred ninety-two of the executive law, shall upon request be required to have closed captioning enabled on all televisions that are located in the public area of such establishment during regular hours of business. The regular hours of business of the place of public accommodation, resort or amusement shall be the hours of operation as posted in such establishment.
2. The provisions of this section shall not apply if:
(a) no televisions in the public area of the place of public accommodation, resort or amusement are capable of providing closed captioning; or
(b) in the event that two televisions in the public area of the place of public accommodation, resort or amusement have the same channel being broadcast, only one of the televisions shall be subject to this section.
3. As used in this section:
(a) "closed captioning" shall mean a feature on a television that when activated will visually display a transcription of the audio portion of video programming; and
(b) "public area" shall mean the section of a place of public accommodation, resort or amusement that is open to the general public.
* § 79-p. Recording certain activities.
1. Definitions. For purposes of this section, the following terms shall have the following meanings:
(a) "Officer" means any peace officer, police officer, security officer, security guard or similar official who is engaged in a law enforcement activity;
(b) "Law enforcement activity" means any activity by an officer acting under the color of law; and
(c) "Record" means to capture or attempt to capture any moving or still image, sound, or impression through the use of any recording device, camera, or any other device capable of capturing audio, moving or still images, or by way of written notes or observations.
2. Right to record law enforcement related activities. A person not under arrest or in the custody of a law enforcement official has the right to record law enforcement activity and to maintain custody and control of that recording and of any property or instruments used by that person to record law enforcement activities, provided, however, that a person in custody or under arrest does not, by that status alone, forfeit the right to have any such recordings, property and equipment maintained and returned to him or her. Nothing in this subdivision shall be construed to permit a person to engage in actions that physically interfere with law enforcement activity or otherwise constitute a crime defined in the penal law involving obstructing governmental administration.
3. Private right of action. (a) A claim of unlawful interference with recording a law enforcement activity is established under this section when a person demonstrates that he or she exercised or attempted to exercise the right established in subdivision two of this section to record a law enforcement activity and an officer acted to interfere with that person's recording of a law enforcement activity, including but not limited to, by:
(i) intentionally preventing or attempting to prevent that person from recording law enforcement activity;
(ii) threatening that person for recording a law enforcement activity;
(iii) commanding that the person cease recording law enforcement activity when the person was nevertheless authorized under law to record;
(iv) stopping, seizing, searching, ticketing or arresting that person because that person recorded a law enforcement activity; or
(v) unlawfully seizing property or instruments used by that person to record a law enforcement activity, unlawfully destroying, or seizing a recorded image or recorded images of a law enforcement activity, or copying such a recording of a law enforcement activity without consent of the person who recorded it or approval from an appropriate court.
(b) It shall be an affirmative defense to a civil action under subparagraphs (i), (iii) and (iv) of paragraph (a) of this subdivision that at the time of such conduct by an officer, such officer had probable cause to arrest the person recording such a law enforcement activity for a crime defined in the penal law involving obstructing governmental administration.
(c) A person subject to unlawful interference with recording law enforcement activities as described in paragraph (a) of this subdivision may bring an action for any violation of this section in any court of competent jurisdiction for damages, including punitive damages, for declaratory and injunctive relief, and such other remedies as the court may deem appropriate.
(d) In any action or proceeding brought pursuant to this section, the court may allow a prevailing plaintiff reasonable attorney's fees and expert fees as a part of the costs which may be recovered.
(e) Any action or proceeding brought pursuant to this section shall be commenced no later than three years after the date on which the violation of this section is committed.
4. Preservation of rights. This section shall be in addition to all rights, procedures, and remedies available under the United States Constitution, 42 USC 1983, the constitution of the state of New York and all other federal law, state law, law of the city of New York or the administrative code of the city of New York, and all other civil remedies, including monetary damages, created by statute, ordinance, regulation or common law.
* NB There are 2 § 79-p's
* § 79-p. Gender neutral single-occupancy bathroom facilities. 1. All single-occupancy bathroom facilities located in public places, including but not limited to those located in restaurants, bars, mercantile establishments, or factories, shall be designated as gender neutral for use by no more than one occupant at a time or for family or assisted use. For purposes of this section, "single-occupancy bathroom" shall have the same meaning as paragraph (d) of subdivision one of section one hundred forty-five of the public buildings law.
2. Such gender neutral bathroom facilities shall be clearly designated by the posting of such on or near the entry door of each facility.
* NB There are 2 § 79-p's
§ 79-q. Collection of gender or sex designation information by state agencies.
1. All New York state agencies that collect demographic information about a person's gender or sex shall make available to the person at the point of data collection an option to mark their gender or sex as "x".
2. Where applicable federal law requires a state agency to collect sex or gender data as either "m" or "f", the state agency shall create a separate field for state purposes so that a person has the option to mark their gender or sex as "x" to be collected by the state.
3. All state agencies shall update any applicable physical and online forms or data systems by January first, two thousand twenty-three, except the department of labor, the office of children and family services, the office of temporary and disability assistance and the division of criminal justice services, which shall update any applicable forms or data systems by January first, two thousand twenty-four.
4. A state agency that cannot comply with the requirements of this section shall, at least sixty days before the applicable deadline, post publicly on its website a written progress report that describes with specificity the steps the agency has taken to comply with this section, the impediments that prevented compliance, the efforts undertaken by the agency to come into compliance, and an estimated time frame for compliance. The written report shall be updated every six months from the date of the original posting.
5. By January first, two thousand twenty-five, the governor shall post on a publicly available website and submit to the temporary president of the senate and the speaker of the assembly a written report listing every agency that has not yet complied with this section. Such report shall include the latest progress reports for each non-compliant agency. Such annual report shall be updated every year by January first; provided that once all agencies have complied with the requirements of this section, the governor shall post on a publicly available website and submit to the temporary president of the senate and the speaker of the assembly a certification of compliance with this section, and no further annual report shall be required.
MISCELLANEOUS RIGHTS AND IMMUNITIES
Section 70. Vexatious suits.
70-a. Actions involving public petition and participation; recovery of damages.
70-b. Unlawful interference with protected rights.
71. Damages in action for suing in name of another.
72. Term of imprisonment of civil prisoner.
73. Code of fair procedure for investigating agencies.
74. Privileges in action for libel.
75. Defamation by radio or television.
76. Action for libel: evidence, separate verdicts.
76-a. Actions involving public petition and participation; when actual malice to be proven.
77. Special damages in action for slander of a woman.
78. Mitigating circumstances in action for libel or slander.
79. Forfeiture of office and suspension of civil rights.
79-a. Consequence of sentence to imprisonment for life.
79-b. Forfeiture of property on conviction abolished.
79-c. Convict protected by law.
79-d. Creditor of convict.
79-e. Right to breast feed.
79-f. Liability for acts of persons assisting police officers.
79-g. Filing of certificates of honorable discharge with county clerks.
79-h. Special provisions relating to persons employed by, or connected with, news media.
79-i. Discrimination against person who refuses to perform certain act prohibited.
79-j. Confidentiality of records in multi-state information system.
79-k. Civil immunity for certain persons assisting in emergency situations.
79-l. Confidentiality of records of genetic tests.
79-m. Criminal interference with health care services, religious worship, funeral, burial or memorial service; injunction.
79-n. Bias-related violence or intimidation; civil remedy.
79-n*2. Funeral or bereavement leave.
79-o. Closed captioning in places of public accommodation, resort or amusement.
79-p. Recording certain activities.
79-p*2. Gender neutral single-occupancy bathroom facilities.
79-q. Collection of gender or sex designation information by state agencies.
§ 70. Vexatious suits. If a person vexatiously or maliciously, in the name of another but without the latter's consent, or in the name of an unknown person, commences or continues, or causes to be commenced or continued, an action or special proceeding, in a court, of record or not of record, or a special proceeding before a judge or a justice of the peace; or takes, or causes to be taken, any proceeding, in the course of an action or special proceeding in such a court, or before such an officer, either before or after judgment or other final determination; an action to recover damages therefor may be maintained against him by the adverse party to the action or special proceeding; and a like action may be maintained by the person, if any, whose name was thus used. He is also guilty of a misdemeanor, punishable by imprisonment not exceeding six months.
§ 70-a. Actions involving public petition and participation; recovery of damages. 1. A defendant in an action involving public petition and participation, as defined in paragraph (a) of subdivision one of section seventy-six-a of this article, may maintain an action, claim, cross claim or counterclaim to recover damages, including costs and attorney's fees, from any person who commenced or continued such action; provided that:
(a) costs and attorney's fees shall be recovered upon a demonstration, including an adjudication pursuant to subdivision (g) of rule thirty-two hundred eleven or subdivision (h) of rule thirty-two hundred twelve of the civil practice law and rules, that the action involving public petition and participation was commenced or continued without a substantial basis in fact and law and could not be supported by a substantial argument for the extension, modification or reversal of existing law;
(b) other compensatory damages may only be recovered upon an additional demonstration that the action involving public petition and participation was commenced or continued for the purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of speech, petition or association rights; and
(c) punitive damages may only be recovered upon an additional demonstration that the action involving public petition and participation was commenced or continued for the sole purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of speech, petition or association rights.
2. The right to bring an action under this section can be waived only if it is waived specifically.
3. Nothing in this section shall affect or preclude the right of any party to any recovery otherwise authorized by common law, or by statute, law or rule.
§ 70-b. Unlawful interference with protected rights. 1. A claim of unlawful interference with protected rights is established under this section. Such claim shall arise when a person demonstrates that they exercised or attempted to exercise, or facilitated or attempted to facilitate the exercise of a right protected under the constitution of the state of New York and/or protected or permitted by the laws of the state of New York, to obtain or provide the medical care described in subdivision six of this section, and such exercise, provision, facilitation, or attempt thereof results in litigation or criminal charges brought against that person in any court in the United States or its territories.
2. Such claim shall arise when any person or entity commences an action in any court, in the United States or any of its territories, in which the allegations against the person, whether civil or criminal, involve accessing, providing, facilitating, or attempting to access, provide, or facilitate the medical care described in subdivision six of this section.
3. In a claim for unlawful interference with protected rights under this section:
(a) compensatory damages, as well as costs and attorneys' fees, including expert witness fees, shall be recoverable upon a demonstration of unlawful interference; and
(b) additional damages of up to three times the amount of compensatory damages shall be recoverable upon an additional demonstration that the action against the plaintiff was commenced or continued for the purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the exercise of rights protected in New York, including but not limited to the rights in subdivision six of this section.
4. Any action or proceeding brought pursuant to this section shall be commenced no later than six years after the date on which the violation of this section is committed.
5. Nothing in this section shall affect or preclude the right of any party to any recovery otherwise authorized by common law, or by statute, law or rule.
6. Rights specifically protected under this section shall include lawfully provided medical care including but not limited to reproductive and/or endocrine health care, and all medical, surgical, counseling or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy.
7. An action under this section shall be brought in the Supreme Court of the state of New York.
§ 71. Damages in action for suing in name of another. In an action, brought by the adverse party, as prescribed in the last section, the plaintiff, if he recovers final judgment, is entitled to recover treble damages. In an action, brought by the person whose name was used, as prescribed in the last section, the plaintiff is entitled to recover his actual damages, and two hundred and fifty dollars in addition thereto.
§ 72. Term of imprisonment of civil prisoner. No person shall be imprisoned within the prison walls of any jail for a longer period than three months under an execution or any other mandate against the person to enforce the recovery of a sum of money less than five hundred dollars in amount or under a commitment upon a fine for contempt of court in the nonpayment of alimony, maintenance, distributive awards or special relief in matrimonial actions or counsel fees in a divorce case where the amount so to be paid is less than the sum of five hundred dollars; and where the amount in either of said cases is five hundred dollars or over, such imprisonment shall not continue for a longer period than six months. It shall be the duty of the sheriff in whose custody any such person is held to discharge such person at the expiration of said respective periods without any formal application being made therefor. No person shall be imprisoned within the jail liberties of any jail for a longer period than six months upon any execution or other mandate against the person to enforce the recovery of a sum of five hundred dollars or over or for a longer period than three months where the amount is less than five hundred dollars, and no action shall be commenced against the sheriff upon a bond given for the jail liberties by such person. In computing the term of imprisonment time spent within the prison walls of any jail and time spent within the jail liberties shall be included. Notwithstanding such a discharge in either of the above cases, the judgment creditor in the execution, or the person at whose instance the said mandate was issued, has the same remedy against the property of the person imprisoned which he or she had before such execution or mandate was issued; but the prisoner shall not be again imprisoned upon a like process issued in the same action or arrested in any action upon any judgment under which the same may have been granted. Except in a case hereinbefore specified nothing in this section shall affect a commitment for contempt of court.
§ 73. Code of fair procedure for investigating agencies. 1. As used in this section the following terms shall mean and include:
(a) "Agency". A standing or select committee of either house of the legislature or a joint committee of both houses; a duly authorized subcommittee of any such legislative committee; the commissioner of investigation acting pursuant to section eleven of the executive law; a commissioner appointed by the governor acting pursuant to section six of the executive law; the attorney general acting pursuant to subdivision eight of section sixty-three of the executive law; any temporary state commission or any duly authorized subcommittee thereof which has the power to require testimony or the production of evidence by subpoena or other compulsory process in an investigation being conducted by it; and any standing or select committee, or subcommittee thereof, of the constitutional convention to be held in the year nineteen hundred sixty-seven.
(b) "Hearing". Any hearing in the course of an investigatory proceeding (other than a preliminary conference or interview at which no testimony is taken under oath) conducted before an agency at which testimony or the production of other evidence may be compelled by subpoena or other compulsory process.
(c) "Public hearing". Any hearing open to the public, or any hearing, or such part thereof, as to which testimony or other evidence is made available or disseminated to the public by the agency.
(d) "Private hearing". Any hearing other than a public hearing.
2. No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of this section, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the agency upon request therefor by the person summoned.
3. A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the agency shall ask the witness such of the questions as it may deem appropriate to its inquiry.
4. A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.
5. A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record of the investigatory proceeding.
6. Any person whose name is mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by any member of the agency or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either to appear personally before the agency and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative at the option of the agency, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record of the investigatory proceeding.
7. Nothing herein contained shall be construed to prevent an agency from granting to witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may determine.
8. Except in the course of a subsequent hearing which is open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview conducted before a single-member agency in the course of its investigation shall be disseminated or made available to the public by said agency, its counsel or employees without the approval of the head of the agency. Except in the course of a subsequent hearing open to the public, no testimony or other evidence adduced at a private hearing or preliminary conference or interview before a committee or other multi-member investigating agency shall be disseminated or made available to the public by any member of the agency, its counsel or employees, except with the approval of a majority of the members of such agency. Any person who violates the provisions of this subdivision shall be guilty of a misdemeanor.
9. No temporary state commission having more than two members shall have the power to take testimony at a public or private hearing unless at least two of its members are present at such hearing.
10. Nothing herein contained shall be construed to effect, diminish or impair the right, under any other provision of law, rule or custom, of any member or group of members of a committee or other multi-member investigating agency to file a statement or statements of minority views to accompany and be released with or subsequent to the report of the committee or agency.
§ 74. Privileges in action for libel. A civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published.
This section does not apply to a libel contained in any other matter added by any person concerned in the publication; or in the report of anything said or done at the time and place of such a proceeding which was not a part thereof.
§ 75. Defamation by radio or television. 1. The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by any legally qualified candidate for public office whose utterances, under rules and regulations of the federal communications commission may not be subject to censorship by such owner, licensee or operator of such visual or sound radio broadcasting station or network of stations, or their agents or employees.
2. A "legally qualified candidate" means any person who has publicly announced that he is a candidate for nomination by a convention of a political party or for nomination or election in a primary, special, or general election, municipal, county, state or national, and who meets the qualifications prescribed by the applicable laws to hold the office for which he is a candidate, so that he may be voted for by the electorate directly or by means of delegates or electors and who (a) has qualified for a place on the ballot or (b) is eligible under the applicable law to be voted by writing in his name on the ballot, or other method, and who has been nominated by a political party which is commonly known and regarded as such or makes a substantial showing that he is a bona fide candidate for nomination or office, as the case may be.
3. In order to be absolved from liability for damages for any utterance by a legally qualified candidate as herein defined in or as part of a visual or sound radio broadcast, the owner, licensee or operator of such visual or sound radio broadcasting station or network of stations, or the agents or employees thereof, shall announce, in substance, at the beginning and end of each such political broadcast of more than five minutes duration, and at the beginning of each such political broadcast of five minutes duration or less, that the remarks about to be made, or made, as the case may be, by the speaker are not to be construed as reflecting the opinions or beliefs of the station, its ownership or management.
§ 76. Action for libel: evidence, separate verdicts. At the trial of any civil action for libel, the defendant may prove, for consideration by the jury in fixing the amount of the verdict, that the plaintiff has already recovered damages, or has received, or agreed to receive, compensation in respect of a libel or libels of a similar purport or effect as the libel for which such action has been brought. In consolidated actions based on libels of similar purport or effect the jury shall assess the whole amount of the plaintiff's damages in one sum, but a separate verdict shall be taken for or against each defendant and the jury shall apportion the amount of damages among the defendants against whom it found a verdict.
§ 76-a. Actions involving public petition and participation; when actual malice to be proven.
1. For purposes of this section:
(a) An "action involving public petition and participation" is a claim based upon:
(1) any communication in a place open to the public or a public forum in connection with an issue of public interest; or
(2) any other lawful conduct in furtherance of the exercise of the constitutional right of free speech in connection with an issue of public interest, or in furtherance of the exercise of the constitutional right of petition.
(b) "Claim" includes any lawsuit, cause of action, cross-claim, counterclaim, or other judicial pleading or filing requesting relief.
(c) "Communication" shall mean any statement, claim, allegation in a proceeding, decision, protest, writing, argument, contention or other expression.
(d) "Public interest" shall be construed broadly, and shall mean any subject other than a purely private matter.
2. In an action involving public petition and participation, damages may only be recovered if the plaintiff, in addition to all other necessary elements, shall have established by clear and convincing evidence that any communication which gives rise to the action was made with knowledge of its falsity or with reckless disregard of whether it was false, where the truth or falsity of such communication is material to the cause of action at issue.
3. Nothing in this section shall be construed to limit any constitutional, statutory or common law protections of defendants to actions involving public petition and participation.
§ 77. Special damages in action for slander of a woman. In an action of slander of a woman imputing unchastity to her, it is not necessary to allege or prove special damages.
§ 78. Mitigating circumstances in action for libel or slander. In an action for libel or slander the defendant may prove mitigating circumstances, including the sources of his information and the grounds for his belief, whether or not he has pleaded or attempted to prove any defense. A defendant in default for want of an answer may prove such mitigating circumstances upon a reference or inquiry to ascertain the amount of the plaintiff's damages. Matter tending only to mitigate or reduce damages is a partial defense and may be set forth in the answer.
§ 79. Forfeiture of office and suspension of civil rights.
1. Except as provided in subdivision two a sentence of imprisonment in a state correctional institution for any term less than for life or a sentence of imprisonment in a state correctional institution for an indeterminate term, having a minimum of one day and a maximum of natural life, forfeits all the public offices, and suspends, during the term of the sentence, all the civil rights, and all private trusts, authority, or powers of, or held by, the person sentenced.
2. A sentence of imprisonment in a state correctional institution for any term less than for life or a sentence of imprisonment in a state correctional institution for an indeterminate term, having a minimum of one day and a maximum of natural life shall not be deemed to suspend the right or capacity of any person so sentenced to commence and prosecute an action or proceeding in any court within this state or before a body or officer exercising judicial, quasi-judicial or administrative functions within this state; provided, however, that where at the time of the commencement and during the prosecution of such action or proceeding such person is an incarcerated individual of a state correctional institution, he or she shall not appear at any place other than within the institution for any purpose related to such action or proceeding unless upon a subpoena issued by the court before whom such action or proceeding is pending or, where such action or proceeding is pending before a body or officer, before a judge to whom a petition for habeas corpus could be made under subdivision (b) of section seven thousand two of the civil practice law and rules upon motion of any party and upon a determination that such person's appearance is essential to the proper and just disposition of the action or proceeding. Unless the court orders otherwise, a motion for such subpoena shall be made on at least two days' notice to the commissioner of corrections and community supervision.
3. (a) Except as provided in paragraph (b) of this subdivision, the state shall not be liable for any expense of or related to any such action or proceeding, including but not limited to the expense of or related to transporting the incarcerated individual to, or lodging or guarding him or her at any place other than in a state correctional institution. The department of corrections and community supervision shall not be required to perform any services related to such action or proceeding, including but not limited to transporting the incarcerated individual to or lodging or guarding him at any place other than a state correctional institution unless and until the department has received payment for such services.
(b) Where the incarcerated individual is permitted in accordance with any other law to proceed with the action or proceeding as a poor person the expense of transporting the incarcerated individual to, or lodging or guarding him or her at any place other than in a state correctional institution or any other expense relating thereto shall be a state charge; provided, however, that where an incarcerated individual has been granted such permission and a recovery by judgment or by settlement is had in his or her favor, the court may direct him or her to pay out of the recovery all or part of any sum expended by the state.
§ 79-a. Consequence of sentence to imprisonment for life. 1. Except as provided in subdivisions two and three, a person sentenced to imprisonment for life is thereafter deemed civilly dead; provided, that such a person may marry while on community supervision, or after he or she has been discharged from community supervision, if otherwise capable of contracting a valid marriage. A marriage contracted pursuant to this section by a person while he or she is on community supervision, without prior written approval of the commissioner of corrections and community supervision, shall be ground for revocation of the community supervision. This section shall not be deemed to impair the validity of a marriage between a person sentenced to imprisonment for life and his or her spouse.
2. A sentence to imprisonment for life shall not be deemed to suspend the right or capacity of any person so sentenced to commence, prosecute or defend an action or proceeding in any court within this state or before a body or officer exercising judicial, quasi-judicial or administrative functions within this state; provided, however, that where at the time of the commencement and during the prosecution or defense of such action or proceeding such person is an incarcerated individual of a state correctional institution, he or she shall not appear at any place other than within the institution for any purpose related to such action or proceeding unless upon a subpoena issued by the court before whom such action or proceeding is pending or, where such action or proceeding is pending before a body or officer, before a judge to whom a petition for habeas corpus could be made under subdivision (b) of section seven thousand two of the civil practice law and rules upon motion of any party and upon a determination that such person's appearance is essential to the proper and just disposition of the action or proceeding. Unless the court orders otherwise, a motion for such subpoena shall be made on at least two days' notice to the commissioner of corrections and community supervision.
3. (a) Except as provided in paragraph (b) of this subdivision, the state shall not be liable for any expense of or related to any such action or proceeding, including but not limited to the expense of or related to transporting the incarcerated individual to, or lodging or guarding him or her at any place other than in a state correctional institution. The department of corrections and community supervision shall not be required to perform any services related to such action or proceeding, including but not limited to transporting the incarcerated individual to or lodging or guarding him or her at any place other than a state correctional institution unless and until the department has received payment for such services.
(b) Where the incarcerated individual is permitted in accordance with any other law to proceed with the action or proceeding as a poor person the expense of transporting the incarcerated individual to, or lodging or guarding him or her at any place other than in a state correctional institution or any other expense relating thereto shall be a state charge; provided, however, that where an incarcerated individual has been granted such permission and a recovery by judgment or by settlement is had in his or her favor, the court may direct him or her to pay out of the recovery all or part of any sum expended by the state.
4. This section shall not apply to a person sentenced to imprisonment for an indeterminate term, having a minimum of one day and a maximum of his natural life.
Nothing in this section shall be deemed to preclude the issuance of a certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law to a person who previously has been sentenced to imprisonment for life.
§ 79-b. Forfeiture of property on conviction abolished. A conviction of a person for any crime, does not work a forfeiture of any property, real or personal, or any right or interest therein. All forfeitures to the people of the state, in the nature of deodands, or in a case of suicide, or where a person flees from justice, are abolished.
§ 79-c. Convict protected by law. A convict sentenced to imprisonment is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he were not sentenced or convicted.
Nothing in sections seventy-nine or seventy-nine-a of this chapter shall be deemed to deny a convict sentenced to imprisonment the right to injunctive relief for improper treatment where such treatment constitutes a violation of his constitutional rights.
§ 79-d. Creditor of convict. A person injured by the commission of a felony, for which the offender is sentenced to imprisonment in a state prison, is deemed the creditor of the offender, and of his estate after his death, within the provisions of the statutes relating thereto.
The damages sustained by the person injured by the felonious act, may be ascertained in an action brought for that purpose by him against the trustees of the estate of the offender, appointed under the provisions of the statutes, or the executor or administrator of the offender's estate.
§ 79-e. Right to breast feed. Notwithstanding any other provision of law, a mother may breast feed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether or not the nipple of the mother's breast is covered during or incidental to the breast feeding.
§ 79-f. Liability for acts of persons assisting police officers.
1. Notwithstanding any inconsistent provisions of law, general or special or local, the state shall save harmless and protect any person who, upon being lawfully commanded, renders assistance to a police officer employed by the state in the performance of his duties, from any financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence, other than gross negligence, or an alleged tortious act of the person rendering such assistance which results in bodily injury or property damage; any political subdivision of the state shall save harmless and protect any person who, upon being lawfully commanded, renders assistance to a police officer of such political subdivision in the performance of his duties, from any financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence, other than gross negligence, or an alleged tortious act of the person rendering such assistance which results in bodily injury or property damage; any agency of the state shall save harmless and protect any person who, upon being lawfully commanded, renders assistance to a police officer of such agency in the performance of his duties, from any financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence, other than gross negligence, or an alleged tortious act of the person rendering such assistance which results in bodily injury or property damage.
2. The state or an agency or political subdivision thereof shall not be subject to the duty imposed by this section, unless the person who rendered assistance shall, within ten days of the time he is served with any summons, complaint, process, notice, demand or pleading, deliver the original or a copy thereof to the chief legal officer of the state or agency or political subdivision thereof, as the case may be.
3. Thereafter, the state, agency or political subdivision, as the case may be, shall be entitled to appear in any further proceedings arising under this section.
4. As used in this section the term police officer means any member of a duly organized police force or department of any county, city, town, village, municipality, authority, police district, regional state park commission when employed full time in the enforcement of the general criminal laws of the state, or any member of the state police or a sheriff, undersheriff or deputy sheriff, other than a special deputy sheriff.
§ 79-g. Filing of certificates of honorable discharge with county clerks. a. Notwithstanding the provisions of any general, special or local law to the contrary, any person filing a certificate of honorable discharge in the office of a county clerk shall have the right to direct the county clerk to keep such certificate sealed.
b. Thereafter, such certificate shall be made available to the veteran, a duly authorized agent or representative of such veteran or the representative of the estate of a deceased veteran but shall not be available for public inspection.
§ 79-h. Special provisions relating to persons employed by, or connected with, news media.
(a) Definitions. As used in this section, the following definitions shall apply:
(1) "Newspaper" shall mean a paper that is printed and distributed ordinarily not less frequently than once a week, and has done so for at least one year, and that contains news, articles of opinion (as editorials), features, advertising, or other matter regarded as of current interest, has a paid circulation and has been entered at United States post-office as second-class matter.
(2) "Magazine" shall mean a publication containing news which is published and distributed periodically, and has done so for at least one year, has a paid circulation and has been entered at a United States post-office as second-class matter.
(3) "News agency" shall mean a commercial organization that collects and supplies news to subscribing newspapers, magazines, periodicals and news broadcasters.
(4) "Press association" shall mean an association of newspapers and/or magazines formed to gather and distribute news to its members.
(5) "Wire service" shall mean a news agency that sends out syndicated news copy by wire to subscribing newspapers, magazines, periodicals or news broadcasters.
(6) "Professional journalist" shall mean one who, for gain or livelihood, is engaged in gathering, preparing, collecting, writing, editing, filming, taping or photographing of news intended for a newspaper, magazine, news agency, press association or wire service or other professional medium or agency which has as one of its regular functions the processing and researching of news intended for dissemination to the public; such person shall be someone performing said function either as a regular employee or as one otherwise professionally affiliated for gain or livelihood with such medium of communication.
(7) "Newscaster" shall mean a person who, for gain or livelihood, is engaged in analyzing, commenting on or broadcasting, news by radio or television transmission.
(8) "News" shall mean written, oral, pictorial, photographic, or electronically recorded information or communication concerning local, national or worldwide events or other matters of public concern or public interest or affecting the public welfare.
(b) Exemption of professional journalists and newscasters from contempt: Absolute protection for confidential news. Notwithstanding the provisions of any general or specific law to the contrary, no professional journalist or newscaster presently or having previously been employed or otherwise associated with any newspaper, magazine, news agency, press association, wire service, radio or television transmission station or network or other professional medium of communicating news or information to the public shall be adjudged in contempt by any court in connection with any civil or criminal proceeding, or by the legislature or other body having contempt powers, nor shall a grand jury seek to have a journalist or newscaster held in contempt by any court, legislature or other body having contempt powers for refusing or failing to disclose any news obtained or received in confidence or the identity of the source of any such news coming into such person's possession in the course of gathering or obtaining news for publication or to be published in a newspaper, magazine, or for broadcast by a radio or television transmission station or network or for public dissemination by any other professional medium or agency which has as one of its main functions the dissemination of news to the public, by which such person is professionally employed or otherwise associated in a news gathering capacity notwithstanding that the material or identity of a source of such material or related material gathered by a person described above performing a function described above is or is not highly relevant to a particular inquiry of government and notwithstanding that the information was not solicited by the journalist or newscaster prior to disclosure to such person.
(c) Exemption of professional journalists and newscasters from contempt: Qualified protection for nonconfidential news. Notwithstanding the provisions of any general or specific law to the contrary, no professional journalist or newscaster presently or having previously been employed or otherwise associated with any newspaper, magazine, news agency, press association, wire service, radio or television transmission station or network or other professional medium of communicating news to the public shall be adjudged in contempt by any court in connection with any civil or criminal proceeding, or by the legislature or other body having contempt powers, nor shall a grand jury seek to have a journalist or newscaster held in contempt by any court, legislature, or other body having contempt powers for refusing or failing to disclose any unpublished news obtained or prepared by a journalist or newscaster in the course of gathering or obtaining news as provided in subdivision (b) of this section, or the source of any such news, where such news was not obtained or received in confidence, unless the party seeking such news has made a clear and specific showing that the news: (i) is highly material and relevant; (ii) is critical or necessary to the maintenance of a party's claim, defense or proof of an issue material thereto; and (iii) is not obtainable from any alternative source. A court shall order disclosure only of such portion, or portions, of the news sought as to which the above-described showing has been made and shall support such order with clear and specific findings made after a hearing. The provisions of this subdivision shall not affect the availability, under appropriate circumstances, of sanctions under section thirty-one hundred twenty-six of the civil practice law and rules.
(d) Any information obtained in violation of the provisions of this section shall be inadmissible in any action or proceeding or hearing before any agency.
(e) No fine or imprisonment may be imposed against a person for any refusal to disclose information privileged by the provisions of this section.
(f) The privilege contained within this section shall apply to supervisory or employer third person or organization having authority over the person described in this section.
(g) Notwithstanding the provisions of this section, a person entitled to claim the exemption provided under subdivision (b) or (c) of this section waives such exemption if such person voluntarily discloses or consents to disclosure of the specific information sought to be disclosed to any person not otherwise entitled to claim the exemptions provided by this section.
§ 79-i. Discrimination against person who refuses to perform certain act prohibited.
1. When the performing of an abortion on a human being or assisting thereat is contrary to the conscience or religious beliefs of any person, he may refuse to perform or assist in such abortion by filing a prior written refusal setting forth the reasons therefor with the appropriate and responsible hospital, person, firm, corporation or association, and no such hospital, person, firm, corporation or association shall discriminate against the person so refusing to act.
A violation of the provisions of this section shall constitute a misdemeanor.
2. No civil action for negligence or malpractice shall be maintained against a person so refusing to act based on such refusal.
§ 79-j. Confidentiality of records in multi-state information system.
1. An ongoing research and demonstration project called the multi-state information system for psychiatric patients located at Rockland state hospital in Rockland county has been developed by a number of cooperating states and is designed to provide a computer-based system for records and statistics of mental health patients in those states. The records stored by the multi-state information system are intended also for research and demonstration purposes concerning (1) the feasibility of computer-based record systems improving the quality of medical information available to clinicians treating psychiatric patients and (2) the quality of aggregate statistics to aid in planning, operating and monitoring psychiatric services. Such records are not intended to substitute for or replace original records retained in the cooperating mental health facilities and agencies. In order to protect the privacy of the information stored in such records which relates to patients in facilities outside of the state of New York, it is necessary and desirable that such records be declared confidential and not subject to examination in the courts or by agencies of this state.
2. The records and information concerning patients in mental health and related facilities located outside of the state of New York and currently or hereafter stored in the multi-state information system for psychiatric patients maintained at Rockland state hospital in the county of Rockland are not public records. Such records and information shall be confidential and shall not be subject to subpoena in any court or before any tribunal or administrative agency. Such records and information shall not be open for inspection by nor otherwise available to any agency or individual other than the agency or facility submitting the records or information and the technical staff of the multi-state information system except that the commissioner of mental hygiene shall have the power to conduct an annual review of the operation of the information system in order to assure its proper and lawful operation in the interest of the agencies and facilities contributing records and information to such system. Aggregate statistics drawn from the records stored, with all personal identification removed, may be released by the system for research and planning purposes.
3. Nothing in this act shall affect existing law with respect to the records of patients now or formerly treated in facilities in this state. The records stored in the multi-state information system described in subdivision two shall not be considered records of the department of mental hygiene.
§ 79-k. Civil immunity for certain persons assisting in emergency situations.
1. Any person who voluntarily and without the expectation of monetary compensation provides assistance in the event of an accident or other emergency situation involving the use, handling, transportation, transmission or storage of compressed gases and/or liquefied petroleum gases shall not be liable for any civil damages for injuries resulting from any act of commission or omission on his part in the course of his rendering such assistance unless it is established that such injuries were caused by gross negligence on the part of such person.
2. Nothing in this section shall be deemed to relieve any person from liability for civil damages (a) where the accident or emergency referred to in subdivision one of this section involved his own facilities or equipment or (b) resulting from any act of commission or omission on his part in the course of providing care or assistance in the normal and ordinary course of his own business or profession.
3. For purposes of this section, the term "gross negligence" means reckless, willful, wanton or intentional misconduct.
§ 79-l. Confidentiality of records of genetic tests.
1. As used in this section, the following terms shall have the following meanings:
(a) "genetic test" shall mean any laboratory test of human DNA, chromosomes, genes, or gene products to diagnose the presence of a genetic variation linked to a predisposition to a genetic disease or disability in the individual or the individual's offspring; such term shall also include DNA profile analysis. "Genetic test" shall not be deemed to include any test of blood or other medically prescribed test in routine use that has been or may be hereafter found to be associated with a genetic variation, unless conducted purposely to identify such genetic variation.
(b) "genetic predisposition" shall mean the presence of a variation in the composition of the genes of an individual or an individual's family member which is scientifically or medically identifiable and which is determined to be associated with an increased statistical risk of being expressed as either a physical or mental disease or disability in the individual or having offspring with a genetically influenced disease, but which has not resulted in any symptoms of such disease or disorder.
(c) "biological sample" shall mean any material part of the human body or of discharge therefrom known to contain DNA, including but not limited to tissue specimen, blood, or urine.
(d) "institutional review board" shall mean a human research review committee established and approved under the provisions of article twenty-four-A of the public health law, or an institutional review board established and approved under the provisions of 45 CFR part 46 or 42 USC 30 V-1, for the purpose of reviewing and monitoring research involving human subjects.
2. (a) No person shall perform a genetic test on a biological sample taken from an individual without the prior written informed consent of such individual as provided in paragraph (b) of this subdivision, except as otherwise provided in paragraph (c) of subdivision two and by subdivision nine of this section.
(b) Written informed consent to a genetic test shall consist of written authorization that is dated and signed and includes at least the following:
(1) a general description of the test;
(2) a statement of the purpose of the test;
2-a. a statement indicating that the individual may wish to obtain professional genetic counseling prior to signing the informed consent.
(3) a statement that a positive test result is an indication that the individual may be predisposed to or have the specific disease or condition tested for and may wish to consider further independent testing, consult their physician or pursue genetic counseling;
(4) a general description of each specific disease or condition tested for;
(5) the level of certainty that a positive test result for that disease or condition serves as a predictor of such disease. If no level of certainty has been established, this subparagraph may be disregarded;
(6) the name of the person or categories of persons or organizations to whom the test results may be disclosed;
(7) a statement that no tests other than those authorized shall be performed on the biological sample and that the sample shall be destroyed at the end of the testing process or not more than sixty days after the sample was taken, unless a longer period of retention is expressly authorized in the consent; and
(8) the signature of the individual subject of the test or, if that individual lacks the capacity to consent, the signature of the person authorized to consent for such individual.
(c) A general waiver, wherein consent is secured for genetic testing without compliance with paragraph (b) of this subdivision, shall not constitute informed consent. Notwithstanding the provisions of this section, for purposes of research conducted in accordance with the provisions of subdivision nine of this section, a general waiver for the use of samples for research may be granted which would authorize the use of samples for these research purposes.
(d) Any further disclosure of genetic test results to persons or organizations not named on the informed consent shall require the further informed consent of the subject of the test.
(e) Written consent by an individual for tests to be conducted on a biological sample and to the lawful possession and ownership of such sample by a laboratory shall not be deemed written informed consent for the performance of any genetic test on that sample, except as further provided in subdivision four of this section.
(f) For medical research purposes, with the approval of an institutional review board and the written informed consent of the subject, samples may be kept for longer than sixty days and utilized for scientific research. The requirements of subparagraphs three, four and five of paragraph (b) of this subdivision may be modified by the institutional review board in case the research protocol does not permit such degree of specificity.
3. (a) All records, findings and results of any genetic test performed on any person shall be deemed confidential and shall not be disclosed without the written informed consent of the person to whom such genetic test relates. This information shall not be released to any person or organization not specifically authorized by the individual subject of the test. Unauthorized solicitation or possession of such information shall be unlawful, except for the unintentional possession of such information as part of a health record created prior to the effective date of this section and provided no action adverse to the interests of the subject are taken as a result of such possession. Nothing in this section shall preclude the release of such information, with the subject's consent, to a health insurer or health maintenance organization of any information reasonably required for purposes of claims administration, provided, however, that further distribution within the insurer or to other recipients shall require the subject's informed consent in each case.
(b) No person who lawfully possesses information derived from a genetic test on a biological sample from an individual shall incorporate such information into the records of a non-consenting individual who may be genetically related to the tested individual; nor shall any inferences be drawn, used, or communicated regarding the possible genetic status of the non-consenting individual.
4. (a) Notwithstanding the provisions of subdivision two of this section, genetic tests may be performed on anonymous samples for research or statistical purposes, pursuant to a research protocol approved by an institutional review board which assures the anonymity of the sources of the samples.
(b) Notwithstanding the provisions of subdivision two of this section, genetic tests may be performed without the consent of the person who is the subject of the tests pursuant to an order of a court of competent jurisdiction or as provided pursuant to article forty-nine-B of the executive law or as provided by section twenty-five hundred-a of the public health law.
(c) Notwithstanding the provisions of paragraph (a) of subdivision three of this section, the results of a genetic test may be disclosed to specified individuals without the consent of the subject of the test as provided in an order of a court of competent jurisdiction or as provided pursuant to article forty-nine-B of the executive law or section twenty-five hundred-a of the public health law.
(d) In authorizing a genetic test or the disclosure of genetic test results to specified individuals, the court shall consider the privacy interests of the individual subject of the genetic test and of close relatives of such individual, the public interest, and, in the case of medical or anthropological research, the ethical appropriateness of the research. Disclosure shall be permitted only to individuals or agencies expressly named in court orders.
5. Penalties. (a) Any person who violates the provisions of subdivision two or three of this section shall be guilty of a violation punishable by a civil fine of not more than one thousand dollars.
(b) Any person who willfully violates the provisions of subdivision two or three of this section shall be guilty of a misdemeanor punishable by a fine of not more than five thousand dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment.
6. Nothing in this section shall be applicable to an authorized insurer, as defined in paragraph ten of subsection (a) of section one hundred seven of the insurance law, or a person acting on behalf of an authorized insurer who is in compliance with section twenty-six hundred twelve of the insurance law nor shall anything in this section be deemed to prohibit or limit an authorized insurer from obtaining information pursuant to section twenty-six hundred twelve of the insurance law.
7. Notwithstanding the provisions of subdivision two of this section, genetic testing of newborn infants may be performed as provided pursuant to article twenty-five and section forty-one hundred thirty-five-b of the public health law.
8. Notwithstanding the provisions of subparagraph seven of paragraph (b) of subdivision two of this section, additional genetic testing may be performed on a given sample without additional consent of the person tested provided such testing is necessary and required to demonstrate the integrity of the sample tested or to resolve the analysis of a test with a previously indeterminate result.
9. (a) Notwithstanding the provisions of subdivisions two and ten of this section, samples may be used for tests other than those for which specific consent has been obtained, for purposes of research conducted in accordance with applicable law and regulation and pursuant to a research protocol approved by an institutional review board, provided that the individuals who provided the samples have given prior written informed consent for the use of their sample for general research purposes and did not specify time limits or other factors that would restrict use of the sample for the test, and (1) the samples have been permanently stripped of identifying information; or (2) a coding system has been established to protect the identity of the individuals who provided the samples, and an institutional review board has reviewed and approved the procedures for the coding system.
(b) If consent to storage of the tissue sample is withdrawn at any time, the entity storing the sample shall promptly destroy the sample or portions thereof that have not already been used for research purposes.
(c) In no event shall family members of an individual who provided a stored tissue sample be contacted for clinical, research, or other purposes without consent from the individual who provided the tissue sample with respect to the specific family members who will be contacted and the specific purpose of the contact.
(d) In no event shall any information about an individual derived from genetic tests performed on stored human tissue or information linking an individual with specific results of genetic tests be released to any organization or person without the explicit written consent of the individual who donated the stored tissue to release of the information for the purposes set forth in the written consent document.
(e) Written informed consent for use of stored human tissue for general research purposes shall consist of written authorization that includes at least the following:
(1) a statement that the sample will be used for future genetic tests;
(2) the time period during which the tissue will be stored, or if no time limit is specified, a statement that the tissue will be stored for as long as deemed useful for research purposes;
(3) a description of the policies and procedures to protect patient confidentiality;
(4) a statement of the right to withdraw consent to use of the tissue for future use at any time and the name of the organization that should be contacted to withdraw consent;
(5) a statement allowing individuals to consent to future contact for any or all purposes, including the following: (i) research purposes; (ii) provision of general information about research findings; and (iii) information about the test on their sample that may benefit them or their family members in relation to their choices regarding preventive or clinical care; and
(6) a statement explaining the benefits and risks of consenting to future contact for the purposes set forth in subparagraph five of this paragraph. In no event shall information about specific test results on stored human tissue donated for general research purposes be disclosed to an individual without obtaining informed consent for the disclosure as required by paragraph (b) of subdivision two of this section.
10. Notwithstanding the provisions of subdivision two of this section, DNA samples may be stored for up to ten years in the absence of genetic testing, if authorized in writing by the subject. Prior to the performance of any genetic test upon stored samples, informed consent must be obtained as provided in subdivision two of this section. Retention of a DNA sample past a period of ten years requires explicit consent for a longer or indefinite period of retention.
11. Genetic testing may be performed on specimens from deceased persons if informed consent is provided by the next-of-kin as specified in subdivision two of this section.
§ 79-m. Criminal interference with health care services, religious worship, funeral, burial or memorial service; injunction. Whenever the attorney general or district attorney of the county where the affected health care facility, place of religious worship, or site of a funeral, burial or memorial service is located has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of section 240.21, 240.70 or 240.71 of the penal law, the attorney general or district attorney may bring an action in the name of the people of the state of New York to permanently enjoin such violation. In such action preliminary and temporary relief may be granted under article sixty-three of the civil practice law and rules.
* § 79-n. Bias-related violence or intimidation; civil remedy.
1. The following definitions are applicable to this section:
(a) The term "disability" means a physical or mental impairment that substantially limits a major life activity.
(b) The term "age" means sixty years of age or more.
(c) The term "sexual orientation" means a person's actual or perceived homosexuality, heterosexuality, or bisexuality.
(d) The term "gender" means a person's actual or perceived sex and shall include a person's gender identity or expression.
2. Any person who intentionally selects a person or property for harm or causes damage to the property of another or causes physical injury or death to another, or subjects a person to conduct that would constitute harassment under section 240.25 of the penal law, or summons a police officer or peace officer without reason to suspect a violation of the penal law, any other criminal conduct, or an imminent threat to a person or property, in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or any person who aids or incites any such conduct, shall be liable, in a civil action or proceeding maintained by such individual or group of individuals, for injunctive relief, damages, or any other appropriate relief in law or equity. If it shall appear to the satisfaction of the court or justice that the respondent has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. For the purposes of this subdivision, a person lacks reason to suspect a violation of the penal law, any other criminal conduct, or an imminent threat to a person or property where a reasonable person would not suspect such violation, conduct, or threat.
3. In addition to the remedies in subdivision two of this section, whenever there shall be a violation of this section by any person or by any firm, partnership, association, or corporation, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction for an injunction to enjoin and restrain the continuance of such activity, and to seek damages, or any other appropriate relief in law or equity. In connection with any such application, the attorney general is authorized to take proof and determine the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
4. In any such action or proceeding, the court, in its discretion, may allow the party commencing such action or proceeding, if such party prevails, reasonable attorneys' fees as part of the costs.
5. In addition to the remedies provided in subdivisions two and three of this section, a court may additionally impose a civil penalty of not more than five thousand dollars for each violation of this section.
* NB There are 2 § 79-n's
* § 79-n. Funeral or bereavement leave. No employer who extends to its employees funeral or bereavement leave for the death of an employee's spouse or the child, parent or other relative of the spouse shall deny the same leave to an employee for the death of the employee's same-sex committed partner or the child, parent or other relative of the committed partner. For the purposes of this section, same-sex committed partners are those who are financially and emotionally interdependent in a manner commonly presumed of spouses.
* NB There are 2 § 79-n's
§ 79-o. Closed captioning in places of public accommodation, resort or amusement.
1. A place of public accommodation, resort or amusement, as defined in subdivision nine of section two hundred ninety-two of the executive law, shall upon request be required to have closed captioning enabled on all televisions that are located in the public area of such establishment during regular hours of business. The regular hours of business of the place of public accommodation, resort or amusement shall be the hours of operation as posted in such establishment.
2. The provisions of this section shall not apply if:
(a) no televisions in the public area of the place of public accommodation, resort or amusement are capable of providing closed captioning; or
(b) in the event that two televisions in the public area of the place of public accommodation, resort or amusement have the same channel being broadcast, only one of the televisions shall be subject to this section.
3. As used in this section:
(a) "closed captioning" shall mean a feature on a television that when activated will visually display a transcription of the audio portion of video programming; and
(b) "public area" shall mean the section of a place of public accommodation, resort or amusement that is open to the general public.
* § 79-p. Recording certain activities.
1. Definitions. For purposes of this section, the following terms shall have the following meanings:
(a) "Officer" means any peace officer, police officer, security officer, security guard or similar official who is engaged in a law enforcement activity;
(b) "Law enforcement activity" means any activity by an officer acting under the color of law; and
(c) "Record" means to capture or attempt to capture any moving or still image, sound, or impression through the use of any recording device, camera, or any other device capable of capturing audio, moving or still images, or by way of written notes or observations.
2. Right to record law enforcement related activities. A person not under arrest or in the custody of a law enforcement official has the right to record law enforcement activity and to maintain custody and control of that recording and of any property or instruments used by that person to record law enforcement activities, provided, however, that a person in custody or under arrest does not, by that status alone, forfeit the right to have any such recordings, property and equipment maintained and returned to him or her. Nothing in this subdivision shall be construed to permit a person to engage in actions that physically interfere with law enforcement activity or otherwise constitute a crime defined in the penal law involving obstructing governmental administration.
3. Private right of action. (a) A claim of unlawful interference with recording a law enforcement activity is established under this section when a person demonstrates that he or she exercised or attempted to exercise the right established in subdivision two of this section to record a law enforcement activity and an officer acted to interfere with that person's recording of a law enforcement activity, including but not limited to, by:
(i) intentionally preventing or attempting to prevent that person from recording law enforcement activity;
(ii) threatening that person for recording a law enforcement activity;
(iii) commanding that the person cease recording law enforcement activity when the person was nevertheless authorized under law to record;
(iv) stopping, seizing, searching, ticketing or arresting that person because that person recorded a law enforcement activity; or
(v) unlawfully seizing property or instruments used by that person to record a law enforcement activity, unlawfully destroying, or seizing a recorded image or recorded images of a law enforcement activity, or copying such a recording of a law enforcement activity without consent of the person who recorded it or approval from an appropriate court.
(b) It shall be an affirmative defense to a civil action under subparagraphs (i), (iii) and (iv) of paragraph (a) of this subdivision that at the time of such conduct by an officer, such officer had probable cause to arrest the person recording such a law enforcement activity for a crime defined in the penal law involving obstructing governmental administration.
(c) A person subject to unlawful interference with recording law enforcement activities as described in paragraph (a) of this subdivision may bring an action for any violation of this section in any court of competent jurisdiction for damages, including punitive damages, for declaratory and injunctive relief, and such other remedies as the court may deem appropriate.
(d) In any action or proceeding brought pursuant to this section, the court may allow a prevailing plaintiff reasonable attorney's fees and expert fees as a part of the costs which may be recovered.
(e) Any action or proceeding brought pursuant to this section shall be commenced no later than three years after the date on which the violation of this section is committed.
4. Preservation of rights. This section shall be in addition to all rights, procedures, and remedies available under the United States Constitution, 42 USC 1983, the constitution of the state of New York and all other federal law, state law, law of the city of New York or the administrative code of the city of New York, and all other civil remedies, including monetary damages, created by statute, ordinance, regulation or common law.
* NB There are 2 § 79-p's
* § 79-p. Gender neutral single-occupancy bathroom facilities. 1. All single-occupancy bathroom facilities located in public places, including but not limited to those located in restaurants, bars, mercantile establishments, or factories, shall be designated as gender neutral for use by no more than one occupant at a time or for family or assisted use. For purposes of this section, "single-occupancy bathroom" shall have the same meaning as paragraph (d) of subdivision one of section one hundred forty-five of the public buildings law.
2. Such gender neutral bathroom facilities shall be clearly designated by the posting of such on or near the entry door of each facility.
* NB There are 2 § 79-p's
§ 79-q. Collection of gender or sex designation information by state agencies.
1. All New York state agencies that collect demographic information about a person's gender or sex shall make available to the person at the point of data collection an option to mark their gender or sex as "x".
2. Where applicable federal law requires a state agency to collect sex or gender data as either "m" or "f", the state agency shall create a separate field for state purposes so that a person has the option to mark their gender or sex as "x" to be collected by the state.
3. All state agencies shall update any applicable physical and online forms or data systems by January first, two thousand twenty-three, except the department of labor, the office of children and family services, the office of temporary and disability assistance and the division of criminal justice services, which shall update any applicable forms or data systems by January first, two thousand twenty-four.
4. A state agency that cannot comply with the requirements of this section shall, at least sixty days before the applicable deadline, post publicly on its website a written progress report that describes with specificity the steps the agency has taken to comply with this section, the impediments that prevented compliance, the efforts undertaken by the agency to come into compliance, and an estimated time frame for compliance. The written report shall be updated every six months from the date of the original posting.
5. By January first, two thousand twenty-five, the governor shall post on a publicly available website and submit to the temporary president of the senate and the speaker of the assembly a written report listing every agency that has not yet complied with this section. Such report shall include the latest progress reports for each non-compliant agency. Such annual report shall be updated every year by January first; provided that once all agencies have complied with the requirements of this section, the governor shall post on a publicly available website and submit to the temporary president of the senate and the speaker of the assembly a certification of compliance with this section, and no further annual report shall be required.