Second Amendment Legal Update: April, 2021

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 PDF copy of this month's update, click here.

Schuyler County to take up resolution on cryptocurrency mining regulations

The Schuyler County Legislature will take up a resolution at its monthly meeting (Monday, April 12), calling on the New York State Department of Environmental Conservation (DEC) to study and develop regulations for cryptocurrency mining.

In addition, the proposed resolution asks the state legislature to mandate that all such cryptocurrency mining operations permitted within the state operate solely on renewable energy, such as wind, solar, geothermal or hydropower.

The resolution was introduced by Legislator Mark Rondinaro (R-District 7). It was drafted by County Planning Director Kristin Van Horn, with input from County Attorney Steven Getman and the County’s Environmental Management Council. It targets mining operations having peak power demand of more than 50 kilowatts.

According to the resolution, cryptocurrency is a digital currency, which is mined through the use of server farms employing data processing equipment. These servers are “highly energy consumptive,” the resolution notes, and mining operations gravitate toward areas with cheap, abundant electricity sources. This type of power generation may not always be regulated under the Climate Leadership and Community Protection Act and New York State does not currently have regulations on cryptocurrency mining, the resolution states.

If passed, copies of Schuyler County’s resolution will be forwarded to state officials, requesting further action on potential regulations.

The resolution is directed at operations statewide and does not single out any specific cryptocurrency mining facility, such as the Greenidge Generation plant and bitcoin mining facility in neighboring Yates County. That facility recently began to mine the cryptocurrency bitcoin and is reportedly seeking a permit from the Town of Torrey Planning Board to expand. Opponents of the expansion claim the additional computers will have adverse impacts on the environment. Greenidge officials have disputed that claim.

The April 12 meeting of the Schuyler County Legislature will be held at 6:30 pm at the County Human Services Complex, 323 Owego Street, Montour Falls, NY. The public is encouraged and invited to attend. All COVID-related social distancing and masking rules will apply.

A complete copy of the proposed resolution can be seen below.

SCHUYLER COUNTY RESOLUTION ... by Steven Getman

The top consumer scams perpetrated against New Yorkers in 2020

New York State officials have released a list of the top consumer scams perpetrated against New Yorkers in 2020, many of which had to do with the COVID-19 public health crisis, in addition to a variety of tips on how New Yorkers can avoid COVID-19 scams in the future.

After analyzing consumer complaints received statewide throughout 2020, the following were found to be the top 10 consumer complaints by category:

• Internet-Related (internet services and service providers, data privacy and security, digital media, data breaches, frauds through internet manipulation)
• COVID-19 Price Gouging (online and brick and mortar gouging of prices for items such as hand sanitizer, masks, gloves, bathroom tissue, food)

• Landlord/Tenant Disputes (security deposit releases, tenant-harassment)
• Health Clubs (continuous charging of fees while clubs were closed, inability to cancel memberships, refunds not provided, no response from clubs)
• Automobile (sales, service, financing, repairs)
• Consumer Services (security systems, tech repairs, immigration services, employment training)
• Retail Sales (any sale of goods: food, clothing, rent-to-own, online orders)
• Credit (debt collection, credit card billing, debt settlement and debt relief, payday loans, credit repair, credit reporting agencies, identity theft)
• Utilities (wireless and residential phones, energy servicers and suppliers, cable and satellite)
• Travel (inability to cancel or lack of refunds for cancellations required by COVID-19 travel restrictions)

Consumers can learn more about COVID-19 resources and consumer scams here.

Fraud victims should report instances of fraud to the New York State Consumer Frauds and Protection Bureau or by calling local law enforcement officials.

Bill Limiting Solitary Confinement in Prisons Gains Passage in Legislature

Copyright Charter Communications:

A bill meant to limit the use of solitary confinement in New York's prison and jail facilities was approved Tuesday in the state Assembly.

The measure won the backing of the Democratic-controlled chamber after an hours-long, emotional debate over the measure to curtail the use of segregated confinement. Supporters of scaling back the punishment have likened it to torture.

The bill was passed by the New York State Senate on Thursday (March 18) and now goes to Governor Andrew Cuomo, who has previously opposed the legislation.

New York State Commission on Judicial Conduct releases 2021 report

Pursuant to the Judiciary Law of the State of New York, the New York State Commission on Judicial Conduct has released its Annual Report of activities, covering the period from January 1 through December 31, 2020.

The Commission is the independent agency designated by the State

Constitution to review complaints of misconduct against judges and justices of the State Unified Court System and, where appropriate, render public disciplinary determinations of admonition, censure or removal from office. Its objective is to enforce high standards of conduct for judges, "who must be free to act independently, on the merits and in good faith, but also must be held accountable should they commit misconduct."

A complete copy of the report is available here.

Town of Ovid approves Public Health Emergency Continuation of Operations Protocol

This Pandemic Plan has been developed in accordance with the amended New York State Labor Law section 27-c and New York State Education Law paragraphs k and l of subdivision 2 of section 2801-a (as amended by section 1 of part B of chapter 56 of the laws of 2016), as applicable.

The plan was developed based on best practices and guidance available largely as a result of the COVID19 Pandemic. The plan is intended to provide ongoing guidance for the current pandemic as well as future guidance for any other infectious disease outbreaks requiring a state and/or county emergency declaration.

No content of this plan is intended to impede, infringe, diminish, or impair the rights of us or town valued employees under any law, rule, regulation, or collectively negotiated agreement, or the rights and benefits which accrue to employees through collective bargaining agreements, or otherwise diminish the integrity of the existing collective bargaining relationship. The Town currently has no collective bargaining agreements.

This plan has been approved in accordance with requirements applicable to the agency, jurisdiction, authority, or district, as represented by the signature of the authorized individual below. The undersigned attests that this plan has been approved and represents the most current version. All previous versions are obsolete.

As the authorized official of the Town of Ovid...this Pandemic Plan has been developed, approved, and placed in full effect in accordance with S8617B/A10832 which amends New York State Labor Law section 27-c and New York State Education Law paragraphs k and l of subdivision 2 of section 2801-a (as amended by section 1 of part B of chapter 56 of the laws of 2016), as applicable, to address public health emergency planning requirements.

BY RESOLUTION OF THE TOWN BOARD, TOWN OF OVID, COUNTY OF SENECA, STATE OF NEW YORK, ON THE 10th DAY OF March, 2021.

Town of Ovid, New York CONTINUATION OF OPERATIONS PROTOCOL by Steven Getman on Scribd

Law Day 2021 theme announced: "Advancing the Rule of Law Now."

The American Bar Association has announced that the theme for Law Day 2021 is "Advancing the Rule of Law Now."

"The rule of law is the bedrock of American rights and liberties—in times of calm and unrest alike," the organization noted. "The 2021 Law Day theme—Advancing the Rule of Law, Now—reminds all of us that we the people share the responsibility to promote the rule of law, defend liberty, and pursue justice."

The Rule of Law rests upon the idea that no person is so important as to be above the law and conversely no person is so insignificant to be beneath the law. The United States was founded on the principle that voluntary adherence to the Rule of Law expands, rather than limits, the opportunities for freedom.

The United States Congress has statutorily designated May 1 as the annual day for commemoration of Law Day. Law Day is held to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession.

For more information, click here.

Making a Parental Designation: Options available if parents are unable to temporarily care for their children.

The article, “Parental Designation: A Way of Planning for the Expected and Unexpected,” suggests how making a “parental designation” under General Obligations Law 5-1551, can be an option for parents who need to make alternative living arrangements for their children without surrendering parental rights or involving Child Protective Services (CPS).

The option is not available to everyone. It requires having a person who is willing and able to take on the responsibility of being a “designee.” In addition, it will not prevent an investigation or court proceedings that might arise under the Social Services Law, the Family Court Act or the Penal Law.

The specific requirements for drafting a valid “designation” can be found in General Obligations Law 5-1552. In addition, a pre-printed form can be found here (forms are not a substitute for accurate legal advice).

Persons interested in exploring the “parental designation” option are encouraged to consult competent legal counsel of their own choosing.

Second Amendment Legal Update: March, 2021

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 PDF copy of this month's update, click here.

OSHA Issues Stronger Workplace COVID-19 Safety Guidance

The Occupational Safety and Health Administration (OSHA) has released updated guidance to assist most employers and workers with implementing a coronavirus prevention program and mitigating the risk of the spread of coronavirus.

The guidance titled, “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace” (Guidance) was prepared to comply with an Executive Order issued on January 21, directing the federal government to take “swift action to reduce the risk that workers may contract COVID-19 in the workplace.”

The complete document can be found here.