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New Laws in 2005


Contents

Alcoholic Beverage Control 2
Animal Protection and Regulations 2
Banking and Financial Services 2
Business, Tourism and Economic Development 3
Children and Families 3
Conservation and Recreation 3
Consumer Protection 4
Courts, Estates & Judiciary 4
Crime and Corrections 5
Education 5
Elections 6
Employment and Public Work 7
Hazardous Substances and Radioactive Waste 7
Housing 8
Human Rights 8
Local Government and Rural Affairs 8
Not-for-Profit Corporations 8
Public Health and Medicaid 9
Real Property Tax 10
Retirement Systems and Benefits 10
State Governmental Operations 10
Vehicle and Traffic Law 11
World Trade Center 12

 

Alcoholic Beverage Control    (index 2005 laws)

Chapters 210 and 184, amending the Alcoholic Beverage and Control Law, permit a licensed winery in any other state, which obtains an out-of-state shipper’s license, to ship up to 36 cases of wine per year (no more than 9 liters per case) produced by such winery directly to a New York resident, who is at least 21 years of age, for personal use and not for resale provided such other state affords lawful and reciprocal means for shipments of wine to be received by its residents from a New York State-licensed winery or farm winery. This act shall become effective on the 120th day after July 12, 2005.

S.5308, amending the Alcoholic Beverage and Control Law, extends, from January 1, 2006 to January 1, 2008, provisions of Chapter 519 of the Laws of 1999, which provide a voluntary procedure for retailers, restaurants, bars, clubs, and other places of entertainment to utilize the latest automated scanning technology to verify the ages of their potential alcohol and tobacco purchasers. This bill was delivered to the Governor on August 4, 2005, and becomes effective immediately upon becoming a law.

Animal Protection and Regulations   (index 2005 laws)

S.2234-A, amending the Agriculture and Markets Law and the Administrative Code of the City of New York, increases the maximum civil penalty for a dog attack from $800 to $1,500 when the attack causes serious physical injury and from $1,000 to $3,000 when the dog causes serious physical injury and has previously been determined to be dangerous. Moreover, the bill allows restitution payments to offset State and New York City fines. This act was delivered to the Governor on August 4, 2005, and shall become effective on the 90th day after it becomes law.

Banking and Financial Services    (index 2005 laws)

Chapter 268, amending the Banking Law, creates the "New York State Counterfeit Check Awareness Act," which requires check cashers to conspicuously post a statement informing the public that cashing a forged check is illegal and those who knowingly do so will be prosecuted. This act shall become effective on the 90th day after July 19, 2005.

Chapter 232, amending the Banking Law, prohibits the use of subagents in money transmission transactions. This act became effective on July 19, 2005.

Chapter 467, amending the Real Property Law and the Real Property Actions and Proceedings Law, ensures a certificate of discharge of mortgage is properly and timely issued and penalizes the lending institution or person holding the mortgage for failing to forward a copy to the mortgagor. This act shall take effect on the 90th day after August 9, 2005.

S.5081, amending the Banking Law and the State Finance Law, creates the State Charter Deposit Program, authorizing the State Comptroller and the Commissioner of Taxation and Finance to deposit a portion of the funds under their control (up to $100 million, each) into State-chartered community banking institutions, provided such institutions have a Community Reinvestment Act rating of satisfactory or better. This bill passed both houses, and shall become effective on the 90th day after it becomes law.

 

 

Business, Tourism and Economic Development      (index 2005 laws)

S.2828-D, amending the Environmental Conservation Law and the Economic Development Law, provides the Department of Environmental Conservation with broad authority to promote pollution prevention as the preferred means for reducing energy and resource consumption, the use of hazardous substances, and the generation of hazardous substances, pollution and waste. The bill further establishes a small business pollution prevention and environmental compliance assistance program. This bill passed both houses, and shall become effective immediately after it becomes law.

A portion of Chapter 61 (larger budget implementation bill), amending the General Municipal Law and the Tax Law, extends the Empire Zones Program until June 30, 2011, and reforms and expands the program. The chapter authorizes 12 new zones, subject to a Memorandum of Understanding between the Governor, the Majority Leader of the Senate, and the Speaker of the Assembly, utilizing a competitive process which would allocate 3 zones each in State fiscal years 2005-2006, 2006-2007, 2007-2008, and 2008-2009, respectively, thereby ensuring each county in the state has at least one zone. The chapter further reconfigures the boundaries prospectively to facilitate clustering, with local flexibility to accommodate significant projects or new cluster requirements which require Investment Zones be wholly contained within up to 6 separate and distinct contiguous areas, but having the opportunity for additional contiguous areas based upon need. This act became effective on April 12, 2005.

Children and Families            (index 2005 laws)

S.2890-A, amending the Social Services Law, prohibits an attorney or law firm from representing both an authorized agency, qualified to place a child and the adoptive parents or both an authorized agency and the birth parent. This bill passed both houses, and becomes effective immediately after it becomes law.

S.5805, amending the Family Court Act, the Social Services Law, the Education Law, the Domestic Relations Law, the Civil Practice Law and Rules, and the Mental Hygiene Law, moves children more quickly through the care system and stable, permanent households by granting the Family Court continuing jurisdiction over the parties while the child is in foster care placement. The bill further specifies the law guardian assigned to the child will continue to represent the child throughout the time he/she is in placement, and provides the respondent parent, if eligible, with an assigned attorney throughout the life of the proceeding before the Court and through the final disposition of any appeal. This bill was delivered to the Governor on August 11, 2005, and shall become effective of the 90th day after it shall become law.

Chapter 119, amending General Obligations Law, the Public Health Law and the Education Law, gives designated caregivers the authorization to make certain health care and school-related decisions for a child in their care. This act became effective on June 30, 2005.

Conservation and Recreation           (index 2005 laws)

Chapter 248, amending the Navigation Law, restricts the operation of personal watercraft and specialty prop craft to persons who are fourteen years old or older, who hold a boating safety certificate, or are accompanied by a person over eighteen years of age, who holds a boating safety certificate. This act shall become effective on January 1, 2006.

Consumer Protection         (index 2005 laws)

S.5897, amending the General Business Law, prohibits the sale of giveaway or utility knives and box cutters to persons less than eighteen years of age. This bill was delivered to the Governor on July 7, 2005, and shall become effective on the 90th day after it shall become law.

Chapter 433, amending the General Business Law, requires any written solicitation, which provides credit protection services, to disclose the purchase of such service is not required to secure or retain a credit card. The new law will further prohibit the automatic renewal of credit protection services, unless the consumer is notified not more the sixty days in advance and not less that fifteen days prior to the termination of the existing agreement. This act becomes effective on November 1, 2005.

S.5736-A, amending the General Business Law, prohibits a creditor from charging a consumer an additional rate or fee, or a differential in the rate or fee, associated with payment on an account when the payment option chosen by the consumer requires use of mail, paper billing, or an electronic transaction involving the Internet or telephone. This bill passed both houses, and shall become effective immediately upon becoming a law.

S.3492-A, amending the State Technology Law and the General Business Law, enacts the "Information Security Breach and Notification Act," which requires any State entity or business which owns or licenses computerized data which includes private information to disclose any breach of the security of the system following discovery or notification of such breach to any resident of the State whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization. This bill was delivered to the Governor on July 28, 2005, and will become effective on the 120th day after it becomes law.

S5827-A, amending the State Technology Law and the General Business Law, requires medical business, tax preparation business, or other business to properly dispose of records containing personal information by shredding, destroying, modifying, or other reasonable action to ensure no unauthorized person will have access to the personal information. This bill was delivered to the Governor on July 28, 2005, and will become effective on the 120th day after it becomes law.

Courts, Estates & Judiciary          (index 2005 laws)

Chapter 623, amending the Civil Practice Law and Rules, increases, from $10,000 to $50,000, the value of a homestead, which is exempt from civil judgments. This act became effective of August 30, 2005.

Chapter 325, amending the Estates, Powers and Trusts Act, enacts the transfer-on-death security registration act to allow owners of investment securities to name death beneficiaries to whom the securities transfer upon death of the owner. This act shall become effective on January 1, 2006.

S4853, amending the Estates, Powers and Trusts Act, provides for the prompt disbursement of settlement proceeds in wrongful death cases. This bill passed both houses, and shall become effective immediately upon becoming law.

Chapter 443, amending the New York City Civil Court Act, the Uniform District Court Act, the Uniform City Court Act and the Uniform Justice Court Act, specifies a small claim's judgment has no collateral estoppel effect in a subsequent proceeding. This law became effective on August 9, 2005.

Chapter 504, amending the Civil Practice Law and Rules, the Judiciary Law and the Court of Claims Act, extends and expands provisions authorizing pilot programs in which certain actions and proceedings may be filed using facsimile transmission or other electronic means to include certain additional actions and proceedings in specified counties. This law became effective on August 16, 2005.

S.4985-A, amending the General Business Law, renders the attorney of record, who orders or requests a stenographic record be made of a deposition, statement or interview in a proceeding, responsible for paying for the services and costs of such record, unless otherwise provided. This bill passed both houses, and shall become effective on 60th day after it becomes law

Crime and Corrections          (index 2005 laws)

Chapter 643 authorizes the resentencing of certain offenders currently serving an indeterminate sentence for a Class A-II felony drug offense. This act shall become effective on the 60th day after August 30, 2005.

Chapter 394, amending the Penal Law, the Criminal Procedure Law, the Social Services Law, the Executive Law, the General Municipal Law, the Mental Hygiene Law, the Public Health Law and the Civil Practice Law and Rules, creates the crimes of and penalties for criminal possession of methamphetamine manufacturing material in the first and second degree, criminal possession of precursors of methamphetamine, unlawful manufacturing of methamphetamine in the first and second degree, and unlawful disposal of methamphetamine laboratory material. This act shall become effective on the 60th day after August 2, 2005.

Chapter 39, amending the Penal Law, expands the crimes of vehicular assault in the first and second degrees and vehicular manslaughter in the first and second degrees when physical injury or death occurs by a person driving while intoxicated or impaired by the use of a drug. This act further removes the requirement of criminal negligence as an element of the crime ("Vasean’s Law"). This act shall become effective on November 1, 2005.

Chapter 56, amending the Correction Law, requires Level three sex offenders to appear annually before law enforcement agencies to have a current photograph taken. The act further requires Level one and Level two sex offenders to appear to have a photograph taken once every three years. The law became effective on April 12, 2005.

Education                (index 2005 laws)

Chapter 316, amending the General Business Law, the Education Law, the Business Corporation Law, the Not-for-Profit Corporation Law, the Partnership Law and the Limited Liability Company Law, requires education corporations to obtain the consent of the Board of Regents in order to operate under an assumed name and requires those corporations, having filed an assumed name certificate with the Department of State before the effective date, to file a copy with the State Education Department. The act further restricts the use of certain terms in corporate names, which connote an educational purposes and prohibits those corporations not authorized by the Board of Regents from holding themselves out as a "museum," "arboretum," or similar cultural institution. Moreover, the act gives existing entities doing business under such names one year in which to come into compliance. This act shall become effective on January 1, 2006.

Chapter 263, amending the Education Law, requires school districts to establish a claims auditor and calls for a competitive request-for-proposals process for selecting auditors when contracts expire or at least every five years. Also, the act requires school districts to have an audit committee to oversee and report on the audit process. The act further creates an internal audit function within each school district’s financial management team, and requires 6 hours of financial oversight training for all newly elected school board members. This act became effective on July 19, 2005.

Chapter 267, amending the Education Law and the General Municipal Law, directs and makes provisions for the State Comptroller to undertake a financial audit of each school district, BOCES, and charter school, at least once in the next 5 years. Thereafter, the act further requires the Comptroller to establish a policy for auditing the school districts throughout the State. Additionally, the act directs the Comptroller to report annually to the Governor and the Legislature regarding these audits. This act became effective on July 19, 2005.

Chapter 412, amending the Education Law, creates the American Airlines Flight 587 Memorial Scholarship program for the children, spouses and financial dependents of person who died as a direct result of the crash of such airline on November 12, 2001. This act became effective on August 2, 2005.

Chapter 352, amending the Education Law, implements the Federal Individuals with Disabilities Education Improvement Act of 2004 (P.L. 108-446) and makes the necessary provisions to comply with the federal standards. The act further authorizes the Commissioner of Education to establish procedures for administrative appeals to resolve interagency disputes over responsibility for provision of special education programs. This act became effective on July 1, 2005.

Elections             (index 2005 laws)

Chapter 237, amending the Election Law, extends the time frame for the acceptance of military ballots to seven days following a primary or special election and to thirteen days following a general election. This chapter became effective on July 19, 2005.

Chapter 179, amending the Election Law, institutes provisions for the verification of voter registration information to comply with the requirements of the Help America Vote Act. This chapter becomes effective on January 1, 2006.

Chapter 23, amending the Election Law, creates the Help America Vote Act administrative complaint procedure to be administered by the State Board of elections. This chapter became effective on May 3, 2005.

Chapter 24, amending the Election Law, creates a statewide voter registration list and election results reporting system to comply with the requirements of Help America Vote Act. This chapter became effective on May 3, 2005.

Chapter 180, amending the Election Law, enacts the Election Consolidation and Improvement Act of 2005, providing for county-level control of voting machines. This chapter becomes effective on November 15, 2005.

Chapter 181, amending the Election Law and the State Finance Law, enacts the Election Reform and Modernization Act of 2005 to modernize and update the voting systems utilized in New York State and access federal resources under Help America Vote Act. This chapter became effective on July 12, 2005.

Chapter 406, amending the Election Law, requires committees and candidates for local elections, who raise or expend more than $1,000, to file their campaign finance statements in an electronic format. This chapter becomes effective on January 1, 2006.

Employment and Public Work           (index 2005 laws)

Chapter 391, amending the Labor Law, enacts provisions of law relating to how the Unemployment Insurance system shall handle an instance when one company takes up the functions formerly performed by another. This chapter became effective on August 2, 2005.

Chapter 33, amending the Insurance Law, the State Finance Law and the Workers’ Compensation Law, allows the Superintendent of Insurance to undertake certain specified actions to shore up the Workers’ Compensation Security Fund. This chapter became effective on May 11, 2005.

S.3251-A, amending the Labor Law, requires entities contracting with third parties on behalf of a public entity to comply with certain aspects of the Labor Law relating to public work projects. This bill passed both houses, and will become effective immediately upon becoming a law.

Hazardous Substances and Radioactive Waste       (index 2005 laws)

Chapter 221, amending the Real Property Tax Law and the Environmental Conservation Law, authorizes municipal entities to issue waivers of interest and/or penalties for properties that are subject to a valid Brownfield site cleanup agreement. This chapter became effective on July 12, 2005.

Chapter 218, amending the Environmental Conservation Law, requires any new or pending application for an industrial hazardous waste disposal facility to be determined by the Department of Environmental Conservation as consistent with the facility siting plan provisions adopted pursuant to the Environmental Conservation Law. This chapter became effective on July 12, 2005.

 

Housing              (index 2005 laws)

Chapter 466, amending the Real Property Law, declares null and void, as against public policy, any lease provisions which seek to assess a fee, penalty, or dollar charge, in addition to the stated rent, against a tenant because the tenant files a bona fide complaint with a building code office regarding the condition of the tenant’s leased premises. The act further renders a landlord seeking to enforce such lease provisions liable to the tenant for triple the amount of the fee, penalty or charge. This chapter became effective on September 1, 2005.

S.5473, amending the Executive Law, enacts the "Manufactured Housing Advancement Act of 2005," establishing a New York State Home Board within the Department of State, providing for the certification and training of persons employed in the manufacture, sale, installation, and repair of manufactured homes. The act further establishes dispute resolution procedures in the manufactured-home industry. This bill passed both houses, and shall become effective, if signed into law, on January 1, 2006.

Human Rights           (index 2005 laws)

Chapter 75, amending the Executive Law, expands and clarifies provisions prohibiting employment discrimination based on predisposing genetic characteristics. This act became effective on the 90th day after May 31, 2005.

Local Government and Rural Affairs            (index 2005 laws)

Chapter 78, amending the Local Finance Law, allows municipalities to use bonds to finance the demolition of privately owned buildings, which pose a threat to public health or safety. This chapter became effective on June 7, 2005.

S.2617-A, amending the Real Property Law, increases the penalty for the failure to file a subdivision map from $25 per instance to $25-$300 per instance. The bill additionally allocates the proceeds of the penalty equally among the State, the county, and the municipality where the subdivision is located, as opposed to the current arrangement, whereby the entire penalty of $25 is paid to the State. This bill passed both houses, and shall become effective on the first of January next succeeding the date on which it shall have become a law.

Chapter 206, amending the General Municipal Law, authorizes the creation of municipal theme districts, which are geographic areas designated by a county, city, town or village for the purpose of constructing, renovating, and/or geographically coordinating a common area for arts, entertainment, education, culture, or business. This chapter became effective on July 12, 2005.

Not-for-Profit Corporations          (index 2005 laws)

S.5238, amending the Not-for-Profit Corporation Law, enables membership corporations to petition the Supreme Court to allow them to conduct business regardless of their inability to obtain quorums necessary under their certificates and bylaws. The bill further simplifies the dissolution process under Article 10 (Non-Judicial Dissolution) and Article 11 (Judicial Dissolution) of the Not-for-Profit Corporation Law by removing the Supreme Court approval requirement for corporations dissolving voluntarily and authorizing the Attorney General to approve certificates of dissolution. Moreover, the bill authorizes the Attorney General to extend the time period allocated for corporations to carry out a plan of dissolution and distribution of assets. This bill passed both houses, and shall become effective on the 180th day after it shall have become law.

Public Health and Medicaid         (index 2005 laws)

S.4371-A, amending the Public Health Law and the Executive Law, would permit nursing homes, home health agencies, personal care providers and temporary employment agencies to request fingerprints from paraprofessional (certified nurse aides, home health aides or personal care aides) employees for the purposes of having the department of health determine, through a criminal background check, if such employee is qualified to work for a residential health care facility or a home care agency. Additionally, the bill directs the department to store and maintain such determinations for the use of future employees as allowed by this bill. This bill passed both houses, and shall become effective immediately upon becoming a law.

S.1771-B, amending the Public Health Law, establishes the New York State Toxic Mold Task Force, whose scope of study will include assessing the adverse environmental and health effects of toxic mold and determining cost-effective and environmentally sound procedures to mitigate mold growth in buildings. This bill was delivered to the Governor July 21, 2005, and shall become effective immediately upon becoming law.

Chapter 196, amending the Public Health Law, seeks to increase the number of organ donors in New York, and subsequently increase the supply of organs and tissues available to those who need them, by removing the burdensome requirement of two witnesses needed to sign either an organ donor car, a driver's license or a non-driver identification card.  This act became effective on July 12, 2005.

Chapters 239 and 284, amending the Public Health Law, requires hospitals to report their
hospital-acquired infection rates, and make the information available to the public.  This act became effective on July 19, 2005.  However, the provisions of the act become implemented at regular intervals thereafter.

Chapter 290, amending the Public Health Law, clarifies that, regardless of receipt of any service awards or benefit service awards, persons who voluntarily render emergency services, without expectation of monetary compensation are immune from liability.  This act became effective on July 26, 2005.

Chapter 119, amending the Public Health Law, General Obligations Law and the Education Law, gives designated caregivers the authorization to make certain health care and school-related decisions for a child in their care. This act became effective on June 30, 2005.

Chapter 394, amending the Penal Law, the Criminal Procedure Law, the Social Services Law, the Executive Law, the General Municipal Law, the Mental Hygiene Law, the Public Health Law and the Civil Practice Law and Rules, creates the crimes of and penalties for criminal possession of methamphetamine manufacturing material in the first and second degree, criminal possession of precursors of methamphetamine, unlawful manufacturing of methamphetamine in the first and second degree, and unlawful disposal of methamphetamine laboratory material. This act shall take effect on the 60th day after August 2, 2005.

Chapter 260, amending the Public Health Law and the Corrections Law, enacts the Child Safety Act, which requires children’s overnight and summer camps to contact the Division of Criminal Justice Services for the purpose of consulting the sex offender registry in reference to employment applications. This act became effective on the 30th day after July 19, 2005.

Chapter 58 establishes the State takeover of local Medicaid costs, beginning with the takeover of costs which exceed an annual growth rate, set as follows: 3.5 percent in 2006, 3.25 percent in 2007 and 3 percent in subsequent years; coupled with the takeover of Family Health Plus program, the cap will save local taxpayers over $3.3 billion annually when fully effective. In exchange for the State takeover, counties will be required to remit a set level of local revenues to the state, and will be subject to new accountability standards aimed at limiting excessive local spending growth.

Beginning in 2008, counties will have two contribution options: under the first option, local governments can choose to remit to the State an amount equal to the capped spending plus three percent annual growth; and under the second option, local governments can choose to remit to the State a fixed percentage of their sales tax revenue equal to the SFY 2006-2007 capped contribution. This measure will provide $121 million in local fiscal relief for SFY 2005-2006.

Real Property Tax               (index 2005 laws)

Chapter 215, amending the Real Property Tax Law, increase the maximum "equalized value" of property eligible for the small claims assessment review process from $150,000 to $450,000, so as to reflect appreciation in residential market values. This act became effective on July 12, 2005 shall apply to petitions for small claims assessment review filed on and after such effective date.

Retirement Systems and Benefits         (index 2005 laws)

Chapter 89, amending the Retirement and Social Security Law and the General Municipal Law, clarifies that, for a firefighter who is subject to a lung disease presumption, lung disease alone shall qualify such person for accidental disability retirement, regardless of whether an actual accident had taken place. This act became effective on June 7, 2005.

State Governmental Operations           (index 2005 laws)

Chapter 22, amending the Public Officers Law, requires State agencies to respond to Freedom of Information Law requests in a timely manner and directs agencies, when such information cannot be provided within twenty business days from the acknowledgement of the receipt of the request to state, in writing, both the reason for the delay and a date certain when the request will be granted. This act became effective on May 5, 2005.

Chapter 165, amending the Executive Law and the Administrative Law, confers jurisdiction on the state Ethics Commission over former State officers and employees, former candidates for state wide elected office, and former political party chairs with respect to actions taken by those individuals while in State service or party office, or as candidates. This act became effective on July 11, 2005.

Chapters 1 and 596, amending the Legislative Law and the State Finance Law, establish an advisory council on procurement lobbying, expands the authority of the Lobbying Commission to regulate procurement lobbying, and changes various other lobbying provisions. Portions of these acts become effective on August 23, 2005, and others will become effective January 1, 2006.

S.5927, amending the Public Authorities Law, Environmental Conservation Law, and the Legislative Law, enacts the Public Authorities Accountability Act of 2005, provides for greater efficiency, openness, and accountability of the State’s public authorities. The bill further establishes a new public authorities office within the Executive Department, provides for full implementation of the Model Governance Principles by public authorities, and allows for the creation of an independent inspector general to ensure greater accountability for public authority activities and operations. This bill passed both houses, and portions of this act become effective immediately, and while others become effective on January 1, 2006.

Chapter 441, amending the State Administrative Procedure Act and the Executive Law, eliminates an unnecessary notice of continuation by extending, from one hundred eighty days to three hundred sixty-five days, the time period before expiration of a rule and requires a notice of withdrawal of rulemaking to include a statement of the reasons for such withdrawal. This act shall become effective on January First next succeeding the date on which it shall become law.

Vehicle and Traffic Law         (index 2005 laws)

Chapter 109, amending the Vehicle and Traffic Law, prohibits knowingly covering or coating a license plate with any artificial or synthetic material or substance, which conceals, obscures, or distorts such plate from visual, photographic, or video observation. This act shall become effective on the 120th after June 21, 2005.

S.217-A, amending the Vehicle and Traffic Law, adds, as an affirmative defense to a charge of operating a vehicle with a child not in a safety restraint system as required, such child between four and six years of age, who weighs at least 100 pounds, was restrained by a seat belt rather than in a child safety restraint system (booster seat). This act was delivered to the Governor on August 18, 2005, and shall become effective immediately upon being signed into law.

Chapter 49, amending the Vehicle and Traffic Law, increases the penalties for leaving the scene of an accident without reporting. The act further makes a first violation for leaving a scene of an accident resulting in personal injury a Class A misdemeanor punishable by a fine of $500-$1,000, and a subsequent violation a Class E felony punishable by a fine of $1,000-$2,500. Moreover, the act makes a violation for leaving the scene of an accident resulting in serious personal injury a Class E felony, punishable by a fine of $1,000-$5,000, and a violation of leaving the scene after causing death a Class D felony, punishable by a fine of $2,000-$5,000. This act shall become effective on November 1, 2005.

Chapter 223, amending the Vehicle and Traffic Law, enacts the "Work Zone Safety Act of 2005" to increase motorist and worker safety in highway work zones. This act shall become effective on November 1, 2005.

World Trade Center        (index 2005 laws)

Chapter 104, amending the Retirement and Social Security Law, and Administrative Code of the City of New York, creates a presumptive accidental disability retirement for certain public employees with any injury, illness, or disease caused by exposure to elements in connection with the terrorist attack on the World Trade Center, unless proven otherwise. Part A of the act became effective on June 14, 2005, while Part B becomes effective on September 11, 2005.

Chapter 93, amending the Retirement and Social Security Law, and Administrative Code of the City of New York, declares any injury or illness, including future manifestations, even after retirement, for occurrences directly related to the terrorist attack on September 11, 2001, is presumptively eligible for an accidental disability. This act became effective on June 14, 2005.

S.5930, amending the Administrative Code of the City of New York, the Real Property Tax Law, the Tax Law, and the General City Law, among other provisions, authorizes several incentives to further commercial redevelopment at the World Trade Center (WTC) site and in the surrounding Liberty Zone through the use of commercial rent or occupancy tax exemptions, exemptions from certain sales and use taxes, negotiated payments in lieu of taxes so as to reduce commercial rents at the WTC site, and enhancements to the Relocation and Employment Assistance Program. This act was delivered to the Governor on August 18, 2005, and shall become effective immediately after it becomes law.

 

 
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Revised: April 03, 2007 .