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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.

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