New Laws
in 2003
Alcoholic Beverage
Control Law
Chapter 62, Part W3
As part of the State
Budget, allows for retail licensees to
sell liquor and/or wine for consumption
off-premises any 6 days of the week,
including Sundays.
Chapter 206
Allows any winery
licensed to sell wine at retail for
consumption on the premises of a
restaurant in or adjacent to the winery
to apply for a license to sell beer,
wine, or liquor at retail for
on-premises consumption at such
restaurant, subject to all of the
provisions that otherwise apply to
licenses for on-premises consumption.
Chapter 192
Provides for the
registration of beer kegs by requiring
that a tag or identification label be
affixed to each keg sold at retail for
off-premises consumption.
Civil Practice Law
and Rules
Chapter 694
Amends provisions
which exempt medical or dental
malpractice actions and actions against
municipalities from the requirement for
a specific dollar amount of recovery to
include all personal injury or wrongful
death actions.
Chapter 86
Repeals and reenacts
provisions regarding itemized verdicts
and periodic payment of judgments in
medical, dental, or podiatric
malpractice actions.
Consumer Law
Chapter 449
Provides increased
security to electronic credit and debit
card transactions by prohibiting
businesses from printing more than the
last 5 numbers of a credit or debit card
on any receipt given to the cardholder.
Domestic Relations
Chapter 463
Makes the acceptance
or the offering of any unlawful
compensation or thing of value in excess
of $5,000 for the placing out or
adoption of a child a Class E felony for
the first conviction. Specifies that a
repeated offense will be a Class D
felony.
Chapter 88
Extends for 2 years,
until June 30, 2005, provisions of law
that allow the Department of Taxation
and Finance to enforce and collect court
ordered child support or combined
spousal and child support when arrears
are more than 4 months past due.
Chapter 388
Extends for 2 years,
to September 1, 2005, provisions of law
relating to the manner of testimony of
certain child witnesses in cases
involving sex crimes.
Chapter 579
Increases the
duration of orders of protection in
family offense proceedings from 1 year
to a maximum of 2 years, or in the case
of aggravating circumstances, from 3
years to a maximum of 5 years.
DWI
Chapter 487
Extends for 2 years,
until October 1, 2005, the sunset date
of provisions mandating a 6-month
suspension or revocation of the driver's
license of any person convicted or
adjudicated in connection with certain
drug-related criminal offenses. Also
extends for 2 years, until October 1,
2005, the provisions of the Vehicle and
Traffic Law relating to suspension of a
driver's license, pending prosecution,
for a charge of driving while
intoxicated (the so-called prompt
suspension law).
Chapter 236
Lowers the threshhold
for a finding of driving a commercial
motor vehicle while intoxicated, from
0.07% to 0.06% by weight of alcohol in
the operator's blood, urine, or saliva.
Education Law
Chapter 621
Requires that a
criminal background check be performed
on any individual who is employed by or
associated with a supplemental education
services provider and who will provide
such services through direct contact
with eligible children.
Chapter 219
Requires publishers
and manufacturers of instructional
materials for students to provide
electronic copies of such material for
use and for purchase by students with
disabilities.
Election Law
Chapter 263
Requires a voter
information posting containing
information relevant to the voting
process to be posted conspicuously in
polling places in conformance with the
Help America Vote Act (HAVA).
Chapter 244
Requires the
inclusion of instructions on paper and
absentee ballots directing voters not to
overvote and not to make erasures or
crossouts on the ballot.
Environmental
Conversation Law
Chapter 182
Extends for 4 years,
until December 31, 2007, the authority
of the Department of Environmental
Conservation to adopt regulations
restricting the taking of fish,
shellfish, and crustacea in any special
management areas such as artificial
reefs, as well as shipwrecks which
provide safe havens for the State's
marine resources. Assures the
continuation of protective measures for
reef fisheries.
Chapter 1
Authorizes
refinancing of the State Superfund
Program. Creates the "Brownfield Cleanup
Program." Requirements for
participation, agreements, and work
plans to protect public health and the
environment with respect to the
Brownfield Cleanup Program. Utilization
of public and private funding sources
for investigation and remediation of
sites under such programs. Groundwater
Protection and Remediation Program to
protect groundwater for purpose of
drinking water. Provides for a
Brownfield Redevelopment Tax Credit.
State assistance to municipalities and
not-for-profits for Brownfield
Opportunity Areas to promote reuse of
brownfield sites within a specified
geographic area.
Estates, Trusts and
Guardianships
Chapter 589
Repeals and reenacts
certain provisions regarding when the
renunciation of property interests
created under wills or trusts may be
made.
Chapter 631
Expands the right to
a jury trial in Surrogate's Court is to
include proceedings commenced to contest
the validity of a revocable lifetime
trust in which a controverted question
of fact arises.
Chapter 632
Makes the designation
of a standby guardian valid in this
State if it was valid in the
jurisdiction where the parent, legal
guardian, legal custodian, or primary
caretaker was domiciled at the time it
was executed or becomes effective or was
valid in the jurisdiction in which it
was executed.
Chapter 633
Authorizes trustees
to make discretionary distributions to
themselves as beneficiaries in specified
instances.
Chapter 363
Allows trust
beneficiaries to seek small claims
assessment reviews for properties held
in trust that are otherwise eligible for
such reviews.
Executive Law
Chapter 391
Expands crime victim
assistance awards for elderly or
disabled crime victims who have not been
physically injured as a result of a
crime for the unreimbursed costs of
financial counseling.
Chapter 688
Repeals and reenacts
the Interstate Compact for Adult
Offender Supervision, which allows the
Governor to enter into compacts with
other states relating to the supervision
of probationers and parolees who reside
in out-of-state jurisdictions.
General Business Law
Chapter 485
Extends the Lemon Law
to new and used motorcycles.
Chapter 691
Enacts the "New York
Motor Fuel Marketing Practices Act," the
purpose for which is to preserve and
promote competition in the marketing of
motor fuel in New York State. Prohibits
pricing practices designed to diminish
or eliminate the independent gasoline
retailers which over time would yield
higher prices and an overall less
efficient marketplace.
Chapter 642
Enacts the Uniform
Athlete Agents Act, providing a system
of registration, regulation, civil, and
criminal penalties governing the conduct
of athlete agents.
General City Law
Chapter 296
Requires notice to be
served to a municipality in the event
any local law, ordinance, rule, or
regulation of such is constitutionally
challenged in a civil action or
proceeding to which the municipality is
not a party. Specifies that a
municipality that is not party to the
action in which such challenge is raised
is permitted to intervene in support of
its challenged enactment. Additionally
expands the cases for which the State
Attorney General may appear in support
to include rules or regulations adopted
pursuant to an act of the Legislature
and includes challenges to
constitutionality brought upon appeal.
Chapter 213
Provides a statutory
framework for the establishment and
implementation of planned unit
development districts.
General Municipal Law
Chapter 212
Removes language
prohibiting members of county planning
boards or regional planning councils who
are also elected or appointed officials
from voting on any matter before such
board or council that has been the
subject of a proposal, application, or
vote before the municipality where they
serve. Instead requires such member to
excuse him/herself from any deliberation
or vote relating to a matter or proposal
that is or has been the subject of such
proposal, application, or vote before
the municipal board of which he/she is a
member.
Chapter 96
Extends for 3 years,
until June 30, 2006, the authority of
the New York City Department of Housing
Preservation and Development to provide
loans to designated commercial corridors
for certain neighborhood improvement
projects.
Insurance
Chapter 338
Replaces the term
"legally blind" with the less
restrictive "visually impaired" in
relation to mandated health insurance
coverage for necessary equipment and
supplies in order to remove an obstacle
for people with diabetes who are seeking
benefits from their health insurance
programs. Strikes the exclusion for
policies that apply to persons who are
employed in more than 1 state for State
and local public employees.
Judicial Branch -
Structure and Administration
Chapter 261
Extends, until
September 1, 2005, provisions
authorizing pilot programs for the use
of facsimile transmission or electronic
means in the filing and service of legal
papers to commence an action or special
civil proceeding and provisions
permitting a referee or judicial hearing
officer to issue a temporary order in
certain ex parte proceedings brought in
Family Court after 5:00 p.m. (during
expanded court hours).
Chapter 601
Increases, from
$3,000 to $5,000, the jurisdictional
limit of a claim that may be brought in
small claims court.
Labor
Chapter 630
Enacts the Child
Performer Education and Trust Act of
2003, which establishes various
protections for children employed in the
arts. Among other specific provisions,
requires the establishment of a trust
account for each child performer to
consist of 15% of the child performer's
wages, and mandates that child
performers receive an education.
Chapter 413
Enacts various key
technical fixes to provisions of the
Labor Law relating to Unemployment
Insurance. Recreates the currently
expired Self Employment Assistance
Program (which under some conditions
allows people on Unemployment Insurance
to start their own businesses while
remaining eligible for unemployment
benefits).
Lawyers and Legal
Services
Chapter 62, Part J
As part of the
adopted budget, increases the hourly
rates paid to assigned counsel and law
guardians (to $75 per hour for felony
and Family Court work and $60 per hour
for other work) and provides new revenue
sources to support the increases.
Chapter 28
Makes permanent
provisions authorizing insurers to offer
prepaid legal services plans and legal
services insurance.
Lien Law
Chapter 524
Extends the time
period of a lien for public
improvements, from 6 months to 1 year.
Local Finance Law
Chapter 137
Provides relief to
local governments from certain mandates
related to bonds and notes, lease
financing, rate obligations, and down
payment requirements, among others.
Mental Hygiene Law
Chapter 643
Authorizes providers
of services to the mentally retarded and
developmentally disabled to request the
criminal histories of new and
prospective employees from the Division
of Criminal Justice Services.
Navigation Law
Chapter 458
Lowers the threshold
for a finding of operating a vessel
while intoxicated from 0.10% to 0.08% by
weight of alcohol in the operator's
blood, urine, or saliva, consistent with
that enacted in 2002 for driving while
intoxicated.
Chapter 587
Requires the operator
of a vessel involved in a boating
accident resulting in property damage or
physical injury where the injured person
cannot be located to report the accident
"as soon as physically able" instead of
within 24 hours as is currently
required. Strengthens penalties
consistent with the Vehicle and Traffic
Law calling for a Class E felony where
the offender leaves the scene of a
serious incident.
Not-for-Profit
Corporations
Chapter 478
Authorizes a cemetery
corporation, upon application to and
approval by the Cemetery Board, to
reacquire, resubdivide, and resell a
plot under certain circumstances.
Includes an exemption from these
provisions for corporations or
unincorporated associations or societies
that provide burial benefits for their
members. Provides additional protections
to plot owners by requiring the cemetery
to provide notification of its intention
to reclaim abandoned plots through
newspaper publication, posting at the
cemetery and in the cemetery office, and
mailing to owners.
Penal Law
Chapter 69
Creates the crimes
of, and penalties for, unlawful
surveillance in the first and second
degrees and disseminating such unlawful
surveillance images in the first and
second degrees.
Chapter 174
Increases the minimum
sentencing for juveniles convicted of
murder in the second degree, a Class A
felony, by mandating a minimum sentence
of 7½-15 years rather than the current
5-9 years.
Public Health
Chapter 13
Expands restrictions
on smoking in places of employment
including bars and restaurants, and
specifically outlines any exceptions.
Provides additional smoking regulatory
powers to the New York City Department
of Health and Mental Hygiene. Prohibits
any use of tobacco products on school
grounds.
Chapter 549
Prohibits the sale
of gutka (a sweet, flavorful tobacco
product manufactured in India and
exported to a few other countries) to
persons under 18 years of age. Sets
civil penalties for violations and
guidelines for age identification.
Chapter 542
Requires the State
Board for Professional Medical Conduct
or the Office of Professional Medical
Conduct to notify the appropriate
district attorney any time there is a
reasonable belief that a criminal
offense has been committed by a
licensee.
Chapter 35
Extends for 5 years,
until March 31, 2008, provisions
relating to professional misconduct
proceedings and the regulation of
activities of physicians. Continues the
additional demonstration period added to
the program for physicians suffering
from alcoholism, drug abuse, or mental
illness, from April 1, 2003, to March
31, 2008.
Public Housing Law
Chapter 449
Provides localities with the ability
to grant an additional period of tax
exemption, up to 50 years, for State and
municipal public housing projects upon
the expiration of their current
exemption.
Real Property Tax Exemption
Chapter 382
Increases the income
eligibility for the tax abatement for
rent controlled and rent regulated
property occupied by senior citizens,
from $20,000 to $24,000.
Chapter 386
Requires an assessor
to provide a notice to taxpayers when a
partial real property tax exemption is
discontinued after being granted on the
preceding year's assessment roll.
Rent Control
Chapter 82
Extends the
expiration of the provisions of law
providing for rent control until June
15, 2011.
Sexual Violence
Chapter 625
Requires hospitals
that afford emergency treatment to rape
survivors to provide written information
regarding emergency contraception,
orally inform them about the
availability thereof, and, upon request,
dispense the said emergency
contraception. Stipulates that no
hospital may be required to provide
emergency contraception to a rape
survivor who is pregnant.
Social Services Law
Chapter 340
Prohibits any social
services official from asserting any
claim to recover payments of public
assistance if the payments were
reimbursed by child support collections.
Chapter 373
Provides for the
disregard of certain nonrecurring
lump-sum income received by public
assistance recipients if it is applied,
within 90 days of receipt, to exempt
assets, approved postsecondary education
or job training, an automobile, a bank
account(s), a burial plot(s), or a
funeral agreement(s).
Tax Law
Chapter 491
Authorizes the
Commissioner of Taxation and Finance to
abate assessments or final
determinations of interest in cases
where a taxpayer's payment is
misappropriated through no fault of the
taxpayer.
Volunteer
Firefighters’ Benefit Law
Chapter 41
Enacts the Good
Samaritan Volunteer Firefighters'
Assistance Act, which limits the
liability of fire departments that
donate surplus equipment to rural
volunteer fire companies, provided that
the equipment still meets the original
specifications for safety and use.
Workers’ Compensation
Chapter 528
Specifies that
employers may not fire or refuse to hire
employees in order to evade their
responsibility to provide Workers’
Compensation coverage. Deems that
employers, even out-of-state employers,
must cover all employees and may not
obtain waivers. |