NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9668
SPONSOR: Weinstein
 
TITLE OF BILL:
An act to amend part C of chapter 57 of the laws of 2022 amending the
public health law and the education law relating to allowing pharmacists
to direct limited service laboratories and order and administer COVID-19
and influenza tests and modernizing nurse practitioners, in relation to
the effectiveness thereof; and providing for the repeal of such
provisions upon expiration thereof (Part A) and to amend part U1 of
chapter 62 of the laws of 2003, amending the vehicle and traffic law and
other laws relating to increasing certain motor vehicle transaction
fees, in relation to the effectiveness thereof; and to amend part B of
chapter 84 of the laws of 2002, amending the state finance law relating
to the costs of the department of motor vehicles, in relation to the
effectiveness thereof; and providing for the repeal of such provisions
upon expiration thereof (Part B)
 
PURPOSE:
This bill contains various provisions of law proposed for the FY 2025
fiscal year that would otherwise expire on March 31, or April 1, 2024
and require continued authorization at this time.
 
SUMMARY OF PROVISIONS:
 
PART A - SCOPE OF PRACTICE EXTENDER
This bill would extend provisions of the Public Health Law and Education
Law by authorizing pharmacists to be qualified health care professionals
for purposes of directing limited-service laboratories and performing
COVID-19 and influenza tests; extending amendments to the Nurse Practi-
tioner Modernization Act which (1) remove the requirement for NPs with
more than 3,600 hours to enter into a collaborative agreement with a
physician, (2) remove the mandate to file protocols with the Department
within ninety days; and (3) authorize physicians and certified nurse
practitioners to order non-patient specific regimen to registered
professional nurses COVID-19 tests and Flu tests, through July 1, 2026.
 
PART B - AUTHORIZATION FOR CERTAIN DMV FEES
This bill would extend the provisions of Section 1 of Part P of chapter
58 of the laws of 2022, which authorizes the Department of Motor Vehi-
cles to collect revenue from certain fees relating to motor vehicle
transactions and the deposit of moneys collected from taxes imposed by
Section 183 and 184 of Tax Law, by two years until April 1, 2026. Addi-
tionally, the bill would extend the provision that allows revenue in the
Dedicated Highway and Bridge Trust Fund to be used for DMV expenses.
 
JUSTIFICATION:
Enactment of these provisions will maintain continuity of critical state
services and certain fees in the absence of an enacted FY 2025 Budget.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
applicable effective date of each part of this act shall be as specif-
ically set forth in the last section of such part, and provided,
further, that upon enactment of legislation constituting the FY 2025
Budget this act shall cease to have force and effect and shall be deemed
repealed.
STATE OF NEW YORK
________________________________________________________________________
9668
IN ASSEMBLY
March 28, 2024
___________
Introduced by M. of A. WEINSTEIN -- (at request of the Governor) -- read
once and referred to the Committee on Ways and Means
AN ACT to amend part C of chapter 57 of the laws of 2022 amending the
public health law and the education law relating to allowing pharma-
cists to direct limited service laboratories and order and administer
COVID-19 and influenza tests and modernizing nurse practitioners, in
relation to the effectiveness thereof; and providing for the repeal of
such provisions upon expiration thereof (Part A) and to amend part U1
of chapter 62 of the laws of 2003, amending the vehicle and traffic
law and other laws relating to increasing certain motor vehicle trans-
action fees, in relation to the effectiveness thereof; and to amend
part B of chapter 84 of the laws of 2002, amending the state finance
law relating to the costs of the department of motor vehicles, in
relation to the effectiveness thereof; and providing for the repeal of
such provisions upon expiration thereof (Part B)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2024-2025
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through B. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Section 8 of part C of chapter 57 of the laws of 2022
14 amending the public health law and the education law relating to allow-
15 ing pharmacists to direct limited service laboratories and order and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12029-03-4
A. 9668 2
1 administer COVID-19 and influenza tests and modernizing nurse practi-
2 tioners, is amended to read as follows:
3 § 8. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after April 1, 2022; provided,
5 however, that sections one, two, three, four, six and seven of this act
6 shall expire and be deemed repealed [two years after it shall have
7 become a law] on July 1, 2026.
8 § 2. This act shall take effect immediately and shall be deemed to
9 have been in full force and effect on and after April 1, 2024; provided,
10 however, that upon enactment of legislation constituting the 2024-2025
11 budget, this act shall cease to have full force and effect and shall be
12 deemed repealed.
13 PART B
14 Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003,
15 amending the vehicle and traffic law and other laws relating to increas-
16 ing certain motor vehicle transaction fees, as amended by section 1 of
17 part P of chapter 58 of the laws of 2022, is amended to read as follows:
18 § 13. This act shall take effect immediately; provided however that
19 sections one through seven of this act, the amendments to subdivision 2
20 of section 205 of the tax law made by section eight of this act, and
21 section nine of this act shall expire and be deemed repealed on April 1,
22 [2024] 2026; provided further, however, that the provisions of section
23 eleven of this act shall take effect April 1, 2004 and shall expire and
24 be deemed repealed on April 1, [2024] 2026.
25 § 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
26 the state finance law relating to the costs of the department of motor
27 vehicles, as amended by section 2 of part P of chapter 58 of the laws of
28 2022, is amended to read as follows:
29 § 2. This act shall take effect April 1, 2002; provided, however, if
30 this act shall become a law after such date it shall take effect imme-
31 diately and shall be deemed to have been in full force and effect on and
32 after April 1, 2002; provided further, however, that this act shall
33 expire and be deemed repealed on April 1, [2024] 2026.
34 § 3. This act shall take effect immediately; provided, however, that
35 upon enactment of legislation constituting the 2024-2025 budget, this
36 act shall cease to have full force and effect and shall be deemed
37 repealed.
38 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
39 sion, section or part of this act shall be adjudged by any court of
40 competent jurisdiction to be invalid, such judgment shall not affect,
41 impair, or invalidate the remainder thereof, but shall be confined in
42 its operation to the clause, sentence, paragraph, subdivision, section
43 or part thereof directly involved in the controversy in which such judg-
44 ment shall have been rendered. It is hereby declared to be the intent of
45 the legislature that this act would have been enacted even if such
46 invalid provisions had not been included herein.
47 § 3. This act shall take effect immediately; provided, however, that
48 the applicable effective date of Parts A through B of this act shall be
49 as specifically set forth in the last section of such Parts.