New Laws in
2004
Contents (click to access)
Administrative Code N Y City- Wicks Law Change (index)
Chapter 134 amends the
Administrative Code of the City of
New York to extend the New York City
School Construction Authority's
exemption from the Wicks Law for
five additional years.
Business Corporation Law
(index)
Chapter 93 amends paragraph
(a) of section 803 of the Business
Corporation Law in relation to the
amendment of certificates of
incorporation. This chapter becomes
effective on the 180th day after May
25, 2004.
Civil Practice Law and Rules (index)
Chapter 26 makes a technical
correction to section 2303 of the
CPLR (amended in 2003 by chapter
547) to clarify the requirement that
a copy of any subpoena
duces
tecum be
served on each party applies only to
civil judicial proceedings.
This chapter took effect immediately
and is deemed to have been in full
force and effect on and after
January 1, 2004.
Chapter 66 creates a new
subdivision (d) to Rule 3113 of the
CPLR, which establishes a procedure
to permit parties to a civil lawsuit
to conduct depositions by telephone
or other electronic means.
This chapter will take effect on
January 1, 2005.
Correction Law (index)
Chapter 106 repeals section
168-v of the Correction Law, in
relation to disseminating a false
registered sex offender notice.
This chapter took effect on August
7, 2004.
Criminal Procedure Law (index)
Chapter 107 amends several
subdivisions of section 330.20 and
section 140.10 of the Criminal
Procedure Law authorizing the court,
following a verdict of not
responsible by reason of mental
disease or defect, to place certain
special conditions on the activities
and behavior of the defendant. This
chapter took effect on June 8, 2004.
Election Law (index)
Chapter 77 extends provisions
of sections 7-114 and 9-102 of the
Election Law related to write-in
vote opportunities for an additional
year. This chapter took effect
upon the governor's signature on May
11, 2004.
Estates, Powers and Trusts Law (index)
Chapter 82 amends section
10-10.1 of the Estates, Powers and
Trusts Law to make restrictions on
the exercise of a power to
distribute principal or allocate
income. This chapter took
effect upon the governor's signature
on May 18, 2004.
Executive Law (index)
Chapter 107 amends section
221-a of the Executive Law
authorizing the court, following a
verdict of not responsible by reason
of mental disease or defect, to
place certain special conditions on
the activities and behavior of the
defendant. This chapter took effect
on June 8, 2004.
General Business Law
(index)
Chapter 74 amends Article
24-B of the General Business Law to
preserve and promote competition in
the marketing of motor fuel in New
York State. The chapter makes
it unlawful for any refiner to sell
any grade or quality of motor fuel
at one of its retail outlets at a
price less than 95% of the price
such refiner charges any wholesaler
or dealer where the effect is to
injure competition. This
chapter takes effect on the 180th
day after May 11, 2004.
Chapter 255 amends section
391-b of the General Business Law to
clarify and strengthen restrictions
on manufacturing clothing with
drawstrings. This chapter
became effective on July 27, 2004.
Chapter 417 amends paragraph
a of subdivision 6 of section 399-z
of the General Business Law to
increase the fine for violating the
provisions of the State No
Telemarketing Sales Calls Statewide
Registry from $5,000 to $11,000,
which is the current level under the
National Do Not Call Registry.
This Chapter became effective on
August 26, 2004.
General Municipal Law(index)
Chapter 132 amends section
207-q of the General Municipal Law
to extend for an additional two
years certain presumptions related
to uniformed members of a paid fire
department with lung disease.
Judiciary Law(index)
Chapter 240 amends portions
of section 524 of the Judiciary Law
to increase the period of
disqualification of former members
of either a grand or petit jury, and
provides for an exception to such
provision where compliance is
impracticable. This chapter
took effect on July 27, 2004 and
applies to jurors whose jury service
commences on or after such date.
Lien Law(index)
Chapter 155 amends section 5
of the Lien Law to require a payment
bond where no public fund has been
established for the financing of a
public improvement. This
chapter becomes effective on the
120th day after July 20, 2004.
Chapter 168 adds a new
section 44-b to the Lien Law to
remove necessary party status from
the state or a public corporation
under certain circumstances.
This act became effective on July
20, 2004.
Penal Law(index)
Chapter 40 amends paragraph
(d) of subdivision 2 of section
130.05 of the Penal Law to remove
reference to "deviate sexual
intercourse" and replace such
reference with "oral sexual
conduct or anal sexual
conduct". This chapter
took effect upon the governor's
signature on April 20, 2004.
Chapter 106 adds a new
section 240.48 to the Penal Law
making the dissemination of a false
registered sex offender notice a
class A
misdemeanor. This chapter took
effect on August 7, 2004.
Private Housing Finance Law(index)
Chapter 253 grants
municipalities the authority to
restructure the rents of dwelling
units in buildings acquired by the
federal government as the result of
foreclosure of a mortgage loan
insured or held by the federal
government. Such restructuring is
conditioned upon the rehabilitation
of any such property. This
chapter took effect on July 27, 2004
and expires 5 years after such date.
Public Officers Law(index)
Chapter 96 amends paragraph
(r) of subdivision 1 of section 17
of the Public Officers Law to extend
the benefit of State indemnification
and defense to the directors,
officers and employees of any tax
lien entity of the State of New York
Municipal Bond bank Agency.
This chapter took effect upon the
governor's signature on May 25,
2004.
Real Property Actions and
Proceedings Law(index)
Chapter 149 extends through
June 30, 2007 the City of New York's
authority under subdivision 10 of
section 778 of the Real Property
Actions and Proceedings Law to
reduce liens on Article 7-A
properties to zero for municipally
financed repairs.
Real Property Law(index)
Chapter 61 amends paragraph
(a) of subdivision 2 of section 242
of the Real Property Law to require
sellers of real property to make
certain disclosures related to water
main surcharges. This chapter
shall take effect on the 180th day
after it became law on May 4, 2004.
Retirement and Social Security
Law(index)
Chapter 132 amends section
363-f of the Retirement and Social
Security Law to extend for an
additional two years certain
presumptions related to uniformed
members of a paid fire department
with lung disease.
Vehicle and Traffic Law(index)
Chapter 302
adds a new section 1117 to the
Vehicle and Traffic Law to establish
a procedure for proceeding where
traffic-control signals malfunction.
This chapter becomes effective on
November 1, 2004.
