Monday, January 23, 2023

New York enacts ‘right to repair’ bill for electronic devices

New York Daily News:
Finding ways to fix smartphones and other electronic devices will soon be a little easier for New Yorkers (under) a bill that will eventually require manufacturers to make diagnostic manuals, tools and other parts necessary for repairs available to the public and independent service shops.

The measure, considered the first so-called “right to repair” law in the country, will only apply to products made or sold after July 1, 2023.

The new law will cover digital electronic products, such as phones, tablets and IT equipment, and require companies provide access to the parts, tools and information needed to repair equipment.

Environmental advocates celebrated the legislative victory and said the new law will help reduce the threat from toxic chemicals found in many of the devices when they are prematurely discarded.

However, at least one “right to repair” advocate has declared that changes made to the bill by Gov. Kathy Hochul have rendered the law “functionally toothless”:
Right to Repair advocate Louis Rossmann has made a bitter YouTube video expressly saying that Governor Hochul's statement is "the exact opposite of what's going to happen with this bill because of how it was amended."

Central to Rossmann's argument is that the purpose of Right to Repair is to allow consumers to fix or replace individual components that have broken. As passed, he argues that the bill effectively allows companies free reign to declare a single component as unrepairable, and instead offer a costly assembly of several related parts.

"[The] manufacturer will tell you that when you have a bad $28 chip on your motherboard that what you need to do is replace the $745 Motherboard," he says.

For a complete copy of the new law, click here.

Monday, January 16, 2023

Martin Luther King, Jr. Day

Ronald Reagan:
"Each year on Martin Luther King Day, let us not only recall Dr. King, but rededicate ourselves to the Commandments he believed in and sought to live every day: Thou shall love thy God with all thy heart, and thou shall love thy neighbor as thyself. And I just have to believe that all of us -- if all of us, young and old, Republicans and Democrats, do all we can to live up to those Commandments, then we will see the day when Dr. King's dream comes true, and in his words, "All of God's children will be able to sing with new meaning. . . land where my fathers died, land of the pilgrim's pride, from every mountainside, let freedom ring."

(President Reagan, Coretta Scott King, Bob Dole and others at the signing ceremony for HR 3706 making the birthday of Martin Luther King Jr. a national holiday. 11/2/1983)

Monday, January 9, 2023

Civil Rights and Individuals with Developmental Disabilities: 2023 Disability Law Series

The New York State Government Law Center and the Institute for Aging and Disability Law are hosting the 2023 Disability Law Series: Civil Rights and Individuals with Developmental Disabilities.

The five two-hour forums will explore:

• January 12, 1 p.m.: Overview of Civil Rights and People with Developmental Disabilities
• February 9, 1 p.m.: Consent in Health Care Decisions
• March 9, 1 p.m.: Consent of Adults in Adoption and Marriage Decisions
• March 30, 1 p.m.: Challenges in Guardianship for People with Developmental Disabilities and Strategies to Address Them
• April 13, 1 p.m.: Protecting the Civil Rights of People with Developmental Disabilities: Potential Statutory Reforms
Each forum is free, open to the public, and will take place via Zoom. CLE credits will be available for practicing attorneys. Pre-registration is required.

For more information, including registration, click here.

Monday, January 2, 2023

Second Amendment Legal Update, January 2023

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month's report, click here.

Monday, December 26, 2022

New year, new laws: Legal changes affecting New Yorkers

Nexstar Media Inc. reports on a number of changes to legislation look out for in 2023:
• Social Security payments get a boost: About 70 million Americans can expect to see an increase in their monthly Social Security benefits and Supplemental Security Income (SSI) for 2023.
• Minimum wage is going up: Minimum wage will be jumping to $14.20 — up a dollar from $13.20 — for most upstate workers.
• New York’s Paid Family Leave Law is expanding: Federally, 1993’s Family and Medical Leave Act gives workers the right to take twelve unpaid workweeks off for a birth or adoption, for a serious health condition, or to care for a seriously ill spouse, child, or parent. 2023 brings siblings into the mix.
• E-waste recycling is getting cheaper: Starting January 1, most manufacturers who make or sell their own tech in New York State will now have to provide and pay for “free and convenient” e-waste recycling for New Yorker

Other changes going into effect include:

• New York Collegiate Athletic Participation Compensation Act: College athletes can receive compensation for the use of their name, image, and likeness without the risk of having to give up their scholarships or eligibility.
• Telemarketing calls: This new law requires telemarketers to give customers the option to be added to their do-not-call list immediately after the telemarketer says their name and company.
• Lactation rooms in airports: The new law requires airports to provide a nursing space for breastfeeding mothers.
• Electric Vehicle Rights Act: Prohibits homeowners’ associations from preventing homeowners from installing EV charging stations on their properties.
• Pedestrian and bicyclist safety: This law requires new drivers to learn about pedestrian and bicyclist safety awareness as part of their pre-licensing course.
• Polling places: This law allows registered voters to cast their ballot at the wrong polling place as long as they are in the correct county and State Assembly district.
• Brianna’s Law: Beginning January 1, 2023, those born on or after January 1, 1983 need the boating safety certificate to operate mechanically propelled boats.

Monday, December 12, 2022

New York State Bar Association sues to raise assigned counsel pay

New York State Bar Association Commences Lawsuit To Raise 18-B Rates
Through this legal action, the New York State Bar Association is seeking a pay rate of $158 per hour retroactive to Feb. 2, 2022 in the 57 counties outside of New York City for what is commonly referred to as 18-B lawyers. Pay has remained at $60 per hour for misdemeanors and $75 for felonies since 2004. By comparison, assigned counsel rates in the federal courts in New York in those same years have been raised 14 times to the current rate of $158 per hour.

“The New York State Bar Association has long supported sufficient pay for assigned counsel,” said Sherry Levin Wallach, president of the association. “Failing to provide adequate compensation for representation to children and indigent adults is a flagrant violation of the U.S. and New York State constitutions.”

“Rates have only been increased once in 35 years, which is a travesty. While we welcome the higher rates in New York City as a result of Justice Headley’s decision, it should be applied statewide. There is now a significant discrepancy in pay across the state for assigned counsel resulting in attorneys not being able to accept court appointed assignments. Ultimately, it is the clients — children and indigent adults — who suffer because their constitutional rights are not being protected,” she said.

The failure to raise rates in 18 years has led to fewer attorneys who are willing to take on the cases. Those who remain are overburdened and don’t have sufficient time to devote to each case.

A copy of the complaint is available here.

Monday, December 5, 2022

Second Amendment Legal Update, December 2022

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month's report, click here.

Monday, November 14, 2022

Schuyler County: Tourism Assistance Promotion Funding Application Deadline Extended

The Watkins Glen Area Chamber of Commerce is designated by the Schuyler County legislature as its Tourism Promotion Agency (TPA) to represent Schuyler County and provide tourism promotion under the New York State Tourism Promotion Act.

The Chamber is responsible for allocating funding and supporting marketing activities that add to the welfare of Schuyler County; including supporting organizations that promote tourism and working with regional partners to bring growth to Schuyler County.

The Chamber will accept tourism assistance program (TAP) applications that support and demonstrate increased tourism promotion in Schuyler County, New York. The source of funding is a portion of the County’s Lodging receipts, and taxes collected on overnight stays within the County.

Applications will now be accepted until 5:00 PM on Tuesday, November 22nd.

Submit the completed digital application and supporting materials to TAPApplication@watkinsglenchamber.com no later than 5:00 PM on November 22, 2022. Applications may be mailed or delivered to the Chamber office at 214 N Franklin St., Watkins Glen, NY.

Monday, November 7, 2022

Second Amendment Legal Update, November 2022

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month's report, click here.