Laws of 2006     (as of 12 26 2006)

Table of Contents

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Chapter 172:

Amends the General Business Law to prohibit any person from purchasing, selling, or using an alcohol vaporizing device. Defines such alcohol vaporizing device as any device, machine, or process which mixes spirits, liquor, or other alcohol product with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation. Makes the sale or offering for sale of any such device an offense punishable by a fine of up to $5,000 and a repeat offense within 5 years a Class B misdemeanor punishable by a fine of up to $10,000. This Chapter is effective November 1, 2006.

Amends the Alcoholic Beverage Control Law to prohibit a retail licensee for on-premises consumption from using, exploding, or causing to explode indoor fireworks or other pyrotechnic displays inside the premises without a permit. This Chapter became effective immediately when the Governor signed it into law on September 13, 2006.

Chapter 204:

Amends the General Business Law to require magazine publishers on all renewal notices for magazine subscriptions to include the month and year of expiration either on the order card or renewal offer or on the mailing label when the renewal invitation is packaged with an issue of the magazine. This Chapter became effective on September 24, 2006.

Amends the General Business Law to require sellers and telemarketers to use a version of the "Do-Not-Call" registry obtained from the Federal Trade Commission no more than 31 days prior to the date any call is made. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the General Business Law to permits consumers to place security freezes on consumer Credit reports provided by consumer reporting agencies. This Chapter is effective November 1, 2006.

Creates a new section 390-b of the General Business Law enacting the "Anti-Phishing Act of 2006," which prohibits the misuse of the Internet, i.e., misrepresenting oneself as a business in order to obtain a person's identifying information. It allows the attorney general, or any person engaged in the business of providing Internet access to bring a civil action against "phishers." This Chapter became effective on September 5, 2006.

Adds a new section 399-h to the General Business Law to require any business or other business person to properly dispose of records containing personal information through one of the following means: shredding, destruction, modification, or other reasonable action to ensure that no unauthorized person will have access to the personal information. Further provides that a failure to properly dispose of records by any business or other business under this bill would result in a civil penalty not to exceed $5,000. This Chapter also provides for an affirmative defense for a business that can show that it used due diligence in its attempt to properly dispose of such records. This Chapter will be effective as of December 4, 2006.

Chapter 277:

Amends the General Business Law to prohibit the sending of unsolicited telefacsimile messages at any time where no prior contractual or business relationship exists. Previously, the law allowed unsolicited advertising faxes between the hours of 9:00 p.m. and 6 a.m. This Chapter became effective on August 25, 2006.

Chapter 650:

Enacts a new General Business Law Article 29-CC, the "Modem Hijacking Deterrence Act", to fight unauthorized telephone call charges that originate from a victim's dial-up computer modem. Allows the attorney general and telecommunications carrier, Internet service provider, computer software provider, or voice over Internet protocol provider to bring a civil action against modem hijackers to recover costs for the unauthorized use of telephone numbers. This Chapter is effective as of November 12, 2006.

Adds a new General Business Law Section 399-dd, establishing the "Consumer Communication Records Privacy Act," which prohibits the sale of telephone record information. Specifically, it prohibits any person, corporation, business, firm or other entity from selling, offering for sale, fraudulently transferring, soliciting or procuring a consumer's telephone records without such consumer's consent, except as otherwise authorized by law. Law enforcement and anyone acting pursuant to a subpoena are specifically exempted. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Chapter 676:

Amends the General Business Law to place limits on the use and disclosure of an individual's Social Security account number (SSN) by individuals and businesses. The purpose of this Chapter is to protect New York residents by prohibiting businesses from communicating Social Security numbers or derivatives of such numbers, while permitting lawful uses of the number to conduct business. This Chapter became effective immediately when the Governor signed it into law on September 13, 2006.

Amends the Banking Law enacting changes to the lighting requirements for automated teller machines (ATMs) by increasing the measurement point for illumination of the area around an ATM and increasing the minimum illuminance of an external ATM. This Chapter is effective on December 12, 2006.

Amends the Banking Law, the Real Property Law and the Real Property Actions and Proceedings Law to enact the "Home Equity Theft Prevention Act", which protects homeowners from deed theft and "foreclosure rescue" scams which result in the loss of their homes and the accumulated equity. This Chapter is effective on February 1, 2007.

Amends the Banking Law to add a new Article l2-E (sections 599-a through 599-h) governing the conduct of Registered Mortgage Loan Originators (MLOs). The Chapter seeks to improve the professionalism of the mortgage industry, by requiring individual mortgage loan originators to register with the Banking Department, and setting educational standards for such individuals. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Economic Development Law, the Public Authorities Law, other laws relating to the provision of low cost power to foster statewide economic development, and the Tax Law to extend both the Power for Jobs (PFJ) program and the Energy Cost Savings Benefits and Economic Development Power Program contracts through June 30, 2007. Requires the Power Authority of the State of New York (PASNY) to make $100 million contribution to the State’ General Fund. Requires the PASNY to allow PFJ manufacturers paying higher than market prices under their PFJ contract extensions to switch to a rebate form of the program, which would hold them harmless against rate fluctuations and would provide a discounted rate. Requires PASNY to make up the difference between the rates the businesses would have paid for energy to their local utility as compared to the higher price PASNY charged them under their contract extensions, retroactive to January 1, 2006. This Chapter is effective as of April 1, 2006.

Creates an act directing the Department of Economic Development to hasten the most beneficial and economical expansion and deployment of broadband services for economic development in rural underserved areas. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006 and will expire on January 1, 2007.

Chapter 142:

Amends the General Municipal Law and the Public Authorities Law to extend, until July 1, 2007, certain expiring provisions related to authorizing Industrial Development Agencies (IDAs) to finance civic facility and continuing-care retirement projects; certain tax policies and restrictions on the use of IDA funds; and certain hearing notice requirements. This Chapter became effective immediately when the Governor signed it into law on July 5, 2006.

Amends the Tax Law creating a direct-payment permit to allow fuel distributors to make tax-free purchases of dyed enhanced diesel motor fuel for residential or commercial heating purposes and establishes a tax exemption for the sale of dyed enhanced diesel motor fuel to not-for-profit organizations. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006; however, the Sections 1 through 3 and 8 through 11 of the Chapter relating to the tax exemption for the sale of dyed enhanced diesel motor fuel and use of a direct-payment permit are effective as of January 1, 2007 and shall apply to all sales on or after such date.

Chapter 35:

Amends the Tax Law to cap the State sales tax on motor fuel and diesel motor fuel at a taxable value of $2 per gallon, effective June 1, 2006, with local option. Requires distributors and sellers to pass the savings on to consumers and directs the Commissioner of Taxation and Finance, in conjunction with the Chair of the Consumer Protection Board, to monitor and enforce the cap. Establishes a civil penalty of up to $5,000 per incident per day for a violation.

Chapter 410:

Amends the General Business Law to authorize motor fuel (gasoline) franchise dealers to obtain

alternative fuels from a supplier other than a franchise distributor. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006. It applies to all franchises entered into on or after July 26, 2006.

Chapter 490:

Amends the Lien Law to eliminate a private owner as a necessary party in a private improvement lien foreclosure action when a contractor or subcontractor executes a bond or undertaking to the county clerk for the payment of any judgment to enforce the lien. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends Rule 5224 of the Civil Practice Law and Rules (CPLR) to specify that a subpoena duces tecum subjects a person or other entity or business served to full disclosure whether the materials sought are in the possession, custody or control of the subpoenaed person, business or other entity within or without the State. This Chapter became effective on August 25, 2006.

Amends the Civil Practice Law and Rules to establish certain guidelines for judgment creditors for serving information subpoenas and provides a certification that, if not completed, the subpoena is deemed null and void. Specifically, Chapter 452 provides for an exemption for the State and municipalities, their agents and employees from such provisions. These Chapters are effective on January 1, 2007.

Chapter 493:

Amends the Uniform City Court Act and the Judiciary Law to make various changes in the number of, and provisions for certain part-time, full-time and acting City Court Judgeships throughout the State. This Chapter is effective on April 1, 2007.

Gives first passage to a concurrent resolution of the Senate and Assembly proposing an amendment to section 26 of article 6 of the constitution to allow a district court judge to temporarily serve as a Family Court judge in the judicial district of his or her residence.

Amends Section 13-14.12 of the Estates, Powers and Trusts Law to provide that the Transfer-on-Death Security Registration Act shall apply to registrations of securities in beneficiary form by decedents dying on or after January 1, 2006. This Chapter was effective as of January 1, 2006.

Adds a new paragraph to Estates, Powers and Trusts Law Section 5-3.2 to clarify that only a child born after the execution of a will during the life of testator, or a child in gestation at the time of testator's death who is born after testator's death, can cause revocation of a last will. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006 and applies only the estates of decedents who died on or after such date.

Amends the Estates, Powers and Trusts Law to add an additional basis for disqualification of a parent to take a share of a child's estate by intestacy, when such parent has been the subject of a child protective proceeding which has resulted in an order terminating parental rights, or resulted in an order suspending judgment. This Chapter is effective on January 1, 2007.

Amends the Section 399-cc of the General Business Law to specifically allow attorneys to expressly disclaim responsibility for payment of stenographic services at the time the transcript is ordered. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Judiciary Law to allow attorneys to advance or pay costs of litigation for certain clients who are not in the financial position to afford some of the necessities of litigation and imposes certain restrictions on advertising by attorneys regarding such provisions. This Chapter seeks to bring New York law into conformity with the vast majority of other U.S. jurisdictions with regard to the attorney client relationship in payment of legal costs and expenses. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Chapter 538:

Amends the Judiciary Law to require the Supreme Court to assign counsel to an indigent person in situations when such counsel would have been assigned had the jurisdiction over such situation been exercised by Family Court. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Navigation Law to make the penalties for Boating while intoxicated (BWI) and Boating while ability impaired (BWAI) the same as driving while intoxicated (DWI) and driving while ability impaired (DWAI). This Chapter is effective as of June 30, 2006.

Amends the Vehicle and Traffic Law to provide that persons convicted of driving under the influence of alcohol or drugs in other states will be penalized for any violation of driving under the influence of drugs or alcohol in New York as if such prior violation and conviction had occurred in New York. This Chapter is effective on November 1, 2006.

Amends the Penal Law to enact the "Bill Leaf-Brandi Woods Law". Charges a person with vehicular assault in the first degree, a Class D felony, when he/she causes serious physical injury while operating a motor vehicle under the influence of alcohol or drugs and he/she has previously been convicted of any of the Vehicle and Traffic Law provisions related to driving under the influence within the last 10 years. Also charges a person with vehicular manslaughter, a Class C felony, when he/she kills someone while driving under the influence of alcohol or drugs and has a prior alcohol or drug-related driving conviction within the last 10 years. This Chapter is effective on November 1, 2006.

Amends the Vehicle and Traffic Law, the Criminal Procedure Law, and the Mental Hygiene Law, to create the offense of aggravated driving while intoxicated when a person operates a motor vehicle with a blood alcohol level of .18 or more. Also provides for assessment and treatment of alcohol and substance abuse by persons operating a vehicle while under the influence; increases penalties for the crime of vehicular manslaughter; increases the mandatory revocation period for refusal to submit to a chemical test; and increases the civil penalty for refusal to submit to a chemical test for first offenders from $350 to $550. This Chapter is effective on November 1, 2006.

Amends the Penal Law, the Correction Law, the Criminal Procedure Law, the Civil Rights Law, the Executive Law, the Family Court Act and the Social Services law, to provide that engaging in sex with a child under the age of 11, regardless of how closely related to the child the perpetrator is, would be a class B felony, and a violent felony offense, subjecting the perpetrator to a maximum term of imprisonment of 25 years and not allowing such a child perpetrator to be sentenced to probation. In addition, the bill would provide that engaging in sex with a child less than 15 years of age would be a class D violent felony offense. Finally incest by an adult would be a class E violent felony offense. This Chapter is effective on November 1, 2006.

Amends the Executive Law and the Correction Law to expand the Sex Offender Registry by posting information about more sex offenders on the Internet and allowing law enforcement to disseminate information about all offenders to the community. This Chapter became effective immediately when the Governor signed it into law on June 23, 2006.

Amends the Penal Law and the Correction Law to establish the criminal offenses of predatory sexual assault and predatory sexual assault against a child, subject to sentences of life imprisonment. This Chapter became effective immediately when the Governor signed it into law on June 23, 2006.

Amends the Correction Law to increase the length of the annual registration and verification periods for sex offenders who are not designated as sexual predators, sexually violent offenders, or predicate sex offenders as follows: from 10 years to 20 years for those designated as Level 1 offenders and those who have not yet received a risk-level classification and from 10 years to life for those designated Level 2 offenders. Eliminates the ability of Level 3 offenders to petition for relief from the duty to register and verify. Allows only Level 2 offenders who are not designated as sexual predators, sexually violent offenders, or predicate sex offenders to petition for relief, but only after having been registered for a minimum of 30 years, rather than the current 13 years. This Chapter became effective immediately when the Governor signed it into law on January 18, 2006.

Amends the Correction Law and Executive Law to make compelling prostitution a registerable sex offense and one that requires the offender to provide a DNA sample. This Chapter became effective immediately when the Governor signed it into law on June 7, 2006.

Amends the Criminal Procedure Law and the Civil Practice Law and Rules to eliminate the statute of limitations for the first-degree offenses of rape, criminal sexual act, aggravated sexual abuse, and course of sexual conduct against a child. Establishes a 5-year statute of limitations for civil actions by victims of such offenses, limited to actions against the person who commits the crime or any other person who, in a criminal proceeding, could be charged with criminal liability for the commission of the crime. Precludes having to bring criminal charges in order to pursue a civil suit, but if a criminal action has commenced, gives the plaintiff 5 years from the termination of the criminal action in which to commence the civil action. This Chapter became effective immediately when the Governor signed it into law on June 23, 2006.

Amends the Penal Law and the Public Health Law to enact "Cynthia's Law." Creates the crime of reckless assault of a child as a Class D felony for the reckless causation of serious physical injury to a child under 5 years of age, by a person 18 years of age or older. Also requires the Department of Health to develop and implement a Shaken Baby Syndrome (SBS) public education campaign. This Chapter is effective on November 1, 2006.

Amends the Penal Law establishing the crime of use of a child to commit a controlled substance offense. Provides that a person is guilty of use of a child to commit a controlled substance if they knowingly use a child to effectuate felony sale or felony attempted sale of a controlled substance. Defines the conduct by which an individual uses a child to effectuate such sale to include concealing a controlled substance on the body of a child for the purposes of effectuating the crime or directing or forcing the child to sell or attempt to sell the controlled substance to a third party. This Chapter is effective on November 1, 2006.

Amends the Penal Law to add school buses as a designated area for the purposes of controlled substances offenses. This Chapter is effective as of September 1, 2006.

Amends the Executive Law to expand the list of felony convictions which require the defendant provide a DNA sample for inclusion in the state DNA database to now include all felonies defined in the Penal law and 17 misdemeanor offenses. This Chapter became effective immediately when the Governor signed it into law on June 23, 2006.

Amends the Penal Law to prohibit the possession, knowingly or unknowingly, of rifles, shotguns, and firearms on a school bus without the written authorization of the educational institution. This Chapter is effective on November 1, 2006.

Amends the Penal Law to extend the exemption provided for the possession and use of a pistol or revolver at a pistol range to persons at least 14 years of age to practice for or compete in target pistol, shooting competitions under the supervision of certain individuals who are licensed to possess such pistol or revolver. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Penal Law to increase by one level, to a C felony, the severity of possession of a single loaded firearm outside of one's own home or place of business, irrespective of any intent to use the firearm unlawfully against another. Signed 10/31/06 and effective on  November 1, 2006

Amends the Penal Law to add the placing of a swastika on public or private property without permission and burning a cross in public view as an offense of aggravated harassment in the first degree. This Chapter became effective immediately when the Governor signed it into law on June 7, 2006.

Amends the Penal Law to add tampering at a nuclear-powered electric generating facilities to the crimes of criminal tampering in the second and first degrees. A person is guilty of criminal tampering when he or she tampers or makes connection with the property of a gas, electric, sewer, steam or waterworks corporation, telephone or telegraph corporation, common carrier, nuclear powered electric generating facility, or municipally or district operated municipal public utility when he or she has no right to do so nor any reasonable ground to believe that he or she has such right. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Penal Law to establishes the "Craig J. Todeschini unlawful Fleeing of a Police Officer Act." Creates 3 new crimes regarding fleeing a police officer in a motor vehicle causing physical injury, serious physical injury, or death. Effective as of November 1, 2006.

Amends the Public Health Law to increase the penalty for stealing the body of a deceased person, for unlawful dissection of such a body, for opening graves, and for violating the prohibition against the sales and purchases of human organs. This Chapter is effective on November 1, 2006.

Amends the Social Services Law to provide that no attorney or law firm may represent both adoptive parents and authorized agencies in the placement of abandoned children. The purpose of this Chapter is to establish a clear line of impartiality for legal representation in adoption proceedings. This Chapter becomes effective on June 1, 2007.

Amends the Social Services Law to authorize the State Division of Criminal Justice Services to submit fingerprints to the Federal Bureau of Investigation (FBI) for the purpose of a nationwide criminal history record check to determine whether a prospective foster parent, prospective adoptive parent, or person over age 18, who is currently residing in the home of such prospective parent, has a criminal history in any State or Federal jurisdiction. This Chapter shall be effective on January 11, 2007.

Amends the Social Services Law to add a parent's conviction for homicide of a child's sibling or other parent as grounds in Family Court for termination of parental rights. This Chapter is effective on November 14, 2006.

Amends the Civil Rights Law extending the period of time within which the notice of an order for name change must be published, to 60 days from 20 days, and an affidavit of publication filed, to 90 days from 40 days. This Chapter is effective as of August 25, 2006.

Amends the Civil Rights Law to require that a petitioner, when submitting an application for a change of name, disclose whether the petitioner is responsible for child support payments or spousal support payments and whether the petitioner has any minor children. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Public Health Law, to make technical corrections to Chapter 768 of the Laws of 2005, governing the rights of spouses, domestic partners, family members, and certain others to control the disposition of the remains of a decedent. This Chapter is effective as of August 2, 2006, the date that Chapter 768 of the Laws of 2005 also went into effect.

Amends the Family Court Act and the Criminal Procedure Law, to allow the court in an order of protection case, to require that a defendant refrain from intentionally injuring or killing, without justification, any companion animal which is owned, possessed, leased, kept, or held by the petitioner or a minor child residing in the household. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Social Services Law to establish the Child Abuse Medical Provider Program (CHAMP) to improve access to quality medical care for suspected child abuse victims by providing training for medical providers in the assessment and diagnostic skills needed to identify and treat child abuse victims. Also develops and provides continuing education and mentoring to certain mandated reporters of child abuse or neglect. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Social Services Law and the Executive Law to authorize the Office of Children and Family Services to establish Child Advocacy Centers (CACs) across the State to investigate and provide services to child victims of sexual abuse or serious physical abuse in a coordinated and cooperative manner by multiple disciplines in order to minimize trauma to the children and their families. This Chapter will go into effect on February 12, 2007; one hundred eighty days after the Governor signed it into law on August 16, 2006.

Requires the Office of Children and Family Services to conduct a public education campaign that emphasizes zero tolerance for child abuse and maltreatment, including information about the signs and symptoms of child abuse and maltreatment, the Child Abuse Hotline, and services available to assist families with substance abuse, Domestic Violence, and mental health needs. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Social Services Law to protect children in mentoring programs by requiring that mentors and mentoring supervisors who spend unsupervised time with children submit to State criminal background checks. This Chapter is effective on April 1, 2007.

Amends the Education Law to require special education teachers and special education administrators to be trained in the needs of autistic children and authorizes the Commissioner of Education to create a special certification for teachers and administrators in the area of children with autistic needs. This Chapter is effective as of July 1, 2006.

Amends the Education Law to provide for New York State’s compliance with Federal lawrelating to the No Child Left Behind Act of 2001 by extending certain measures for one year, thus enabling the State to receive certain Title I funds. Specifically updates legislation with regard to provision of supplemental educational services, attendance at a safe public school, the Gun Free Schools Act, the education of homeless children, and the transfer of student disciplinary records. This Chapter is effective as of June 30, 2006.

Amends the Education Law to require the reinspection of school buildings when a report of inspection has identified violations that, if uncorrected, would cause the Education Department to deny an annual certificate of occupancy to such school buildings. Allows this inspection to occur without prior notice until such time as it has been demonstrated that such violations have been corrected to the satisfaction of the Commissioner. This Chapter became effective immediately when the Governor signed it into law on July 26 2006.

Amends the Education law to entitle any school district in the State to provide to pupils in grades kindergarten through 12 with instruction designed to promote the proper and safe use of the Internet. This Chapter is effective as of September 1, 2006.

Amends the Education Law to authorize a board of education to condition an out-of-school suspended student's early return to school on counseling and/or community service. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Education Law to authorize nonpublic and private elementary and secondary schools to require their prospective employees to submit fingerprints through the Commissioner of Education for the purpose of criminal background checks; authorizes conditional appointment of employees by such schools pending determination of the criminal background check. This Chapter is effective on July 1, 2007.

Amends the Education Law enacting the "Parent-Teacher Communications Act" which provides for the establishment of an Internet-based electronic communications system which allows parents and guardians to communicate with the teachers of their children. This Chapter is effective on November 23, 2006.

Amends the Education Law to allow the parenting skills curriculum in secondary schools to include information about Shaken Baby Syndrome (SBS), the consequences of these problems and strategies for prevention, and the showing of a video. This Chapter is effective on September 1, 2007.

Amends the Education Law to extend the tuition waiver program for police officer students of the City University of New York until July 1, 2008. This Chapter became effective immediately when the Governor signed it into law on July 7, 2006.

Amends the Election Law authorizing county boards of elections to create, consolidate, divide or alter election districts when the legislative body of a city or town fails to do so by the required February 16 date to do so. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Election Law to extend for 1 year, until July 10, 2007, provisions relating to the form of ballots in primary elections and the canvassing of write-in votes. This Chapter became effective immediately when the Governor signed it into law on July 7, 2006.

Amends the Election Law to extend, from January 31, 2006, to April 30, 2006, the effectiveness of the Citizens’ Election Modernization Advisory Committee and adds to the commission a representative from the Disabled American Veterans (Department of New York) and a representative of the New York State League of Women Voters. This Chapter became effective immediately when the Governor signed it into law on April 18, 2006.

Amends the Election Law to require a village board of trustees to conduct runoff elections in the event of a tie and provides that the runoff election may be waived and the selection made by lot if the person receiving the equal number of votes files a written notice of consent with the village clerk. This Chapter became effective immediately when the Governor signed it into law on September 13, 2006.

Amends the Nassau County Civil Divisions Act provide that if the scheduled election day for commissioners of a town district in Nassau County falls on a Friday, the date of the election is to be moved to the following Monday. This Chapter became effective immediately when the Governor signed it into law on September 13, 2006.

Amends the Environmental Conservation Law requiring the Department of Environmental Conservation (DEC) to provide to the chief executive officer of a municipality in which any intermediate or high-hazard dam is located, any dam inspection reports on such dam within 30 days of the DEC creating such a report. This Chapter became effective immediately when the Governor signed it into law on March 28, 2006.

Amends the Environmental Conservation Law, the Vehicle and Traffic Law and the Economic Development Law in relation to the regulation of vehicle dismantlers. Requires proper storage and procedures in the dismantling process to protect the environment from spills or leaching of hazardous materials. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Environmental Conservation Law to provide that the Department of Environmental Conservation shall notify the municipality and the general public of spills of liquid hazardous substances stored in bulk. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Environmental Conservation Law to allow for special permits and certification for commercial application of aquatic antifouling paints which are pesticide products. Provides that aquatic antifouling paint applicator certification shall be valid for 5 years. Requires an aquatic

antifouling paint application business to register with the Commissioner of the Department of Environmental Conservation and imposes sanctions for violations. This Chapter is effective on November 23, 2006.

Amends the Environmental Conservation Law require the Department of Environmental Conservation or a responsible party to provide within 30 days the results of certain environmental tests of real property to the owner or occupant of such real property in order to provide ample opportunity for neighbors or other citizens to be notified. This Chapter is effective on November 12, 2006.

Amends the Environmental Conservation Law to provide for the phase-out of the use of creosote as a wood preservative, including manufacture, sale, and use. Permits continued use of already treated wood. Prohibits combustion of creosote or creosote-treated products. Requires its disposal in landfills properly lined to prevent groundwater contamination. Provides for enforcement and penalties. Makes exemptions for railroads and electric companies. Veto # 415

Creates an Act directing the Department of Environmental Conservation to develop a compliance program regarding the discharge of petroleum and other hazardous substances into sewage systems. This Chapter became effective immediately when the Governor signed it into law on September 13, 2006.

Amends the Environmental Conservation Law to require wireless telephone service suppliers to accept wireless telephones or ship wireless telephones at no charge to a recycling program. Effective as of November 1, 2006.

Amends the Environmental Conservation Law to establish that no municipality located within certain ground water protection areas in the North Hills area of the Town of North Hempstead, Nassau County, shall use public funds to acquire land within such special groundwater protection areas being used as a recreational facility or open space at the time of the proposed acquisition unless such land is being offered for sale or a change of use for such land is proposed by the landowner. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

 

Amends the Public Health Law to authorize the establishment an all-inclusive pilot program for children with life-limiting illnesses. Adds that the program will allow services to be provided by a licensed, certified hospice, working jointly with a certified home health agency, or by a certified home health agency working jointly with a licensed, certified hospice. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Public Health Law to establish a home-based primary care for the elderly demonstration program within the Department of Health. Stipulates that the purpose of the program is to determine the effectiveness of providing home-based primary care services to elderly patients as part of an integrated program of long-term care services. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006 and expires on January 1, 2011.

Amends the Public Health Law to increase the number of Continuing Care Retirement Community (CCRC) beds in the State and makes technical changes regarding CCRCs. This Chapter became effective immediately when the Governor signed it into law on September 13, 2006.

Amends the Public Health Law to extend Medicaid to persons with breast, cervical, colon, or prostate cancer who have an income of 250% or less of the federal poverty level. Further provides Medicaid presumptive eligibility guidelines for such individuals. This Chapter becomes effective on April 1, 2007.

Amends the Public Health Law to provide for emergency prescription drug benefits, in certain circumstances, under Medicaid during the implementation of the Federal Medicare Part D program.

Amends the Public Health Law, Insurance Law, Social Services Law, Penal Law, Criminal Procedure Law, and the Executive Law to establish an independent Office of Medicaid Inspector General within the Department of Health. Sets forth the powers and duties of the July 26, 2006, however certain specific sections of the Chapter have delayed effective dates. Section 6 of this Chapter regarding advisory opinions of the Medicaid Inspector General is effective as of September 24, 2006. Sections 9, 10, 11, 14 and 15 of this Chapter amending the Penal Law, Labor Law and Criminal Procedure Law regarding health care fraud are effective as of November 1, 2006. Section 4 of this Chapter instituting a provider compliance program will become effective on January 1, 2007.

Amends the Social Services Law as part of the 2006-2007 Health and Mental Hygiene Budget to enact language regarding asset transfers for Medicaid eligibility in conformance with the Federal Deficit Reduction Act of 2005 (DRA). Provides that, effective April 1, 2006, all Medicaid applications for long term institutional care (nursing home care) will take into account all asset transfers make after February 8, 2006. Imposes a 60-month look-back period on all asset transfers and Medicaid trusts. Applicants will now incur a penalty period running from the date of application, and not the date of transfer. Also includes language consistent with the Federal DRA regarding the implementation and use of a hardship waiver process for certain qualifying applicants. Further Provides for a homestead exemption of up to $750,000 of an individual’s equity interest in a home for an individual applying for Medicaid for nursing home care and other long term care services (including home care) as authorized by the Federal DRA. *The accompanying budget appropriation language imposes the same new asset transfer rules to Medicaid applicants for home care services, but such requirements for home care will expire on March 31, 2007.

Amends the Public Health Law to establish certain restrictions on the use, by persons under the age of 18, of ultraviolet radiation devices at tanning salons. This Chapter is effective on November 14, 2006.

Amends the Public Health Law to require immunization against pneumococcal disease (pneumonia) of every child in New York State born on and after January 1, 2008, beginning with enrollment in any public, private or parochial child caring center, day nursery, day care agency, nursery school. This chapter became effective immediately when the Governor signed it into law on July 26, 2006 and applies to all children born on and after January 1, 2008.

Amends the Public Health Law to establish the "State Emergency Medical Services for Children Act", requiring timely and effective pediatric emergency medical care, trauma care, and disaster care be available to all children within the State of New York. This chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Public Health Law to require all general hospitals in the State to offer vaccination against influenza and pneumococcal disease to persons age 65 years or older who are admitted into the hospital. This Chapter is effective on October 24, 2006.

Amends the Public Health Law making permanent the health care practitioner volunteer program established in Schenectady County, which permits the use of certain retired health care practitioners to provide health services to low-income individuals. This chapter became effective immediately when the Governor signed it into law on June 7, 2006.

Amends the Public Health Law to require places of public assembly to maintain an automated external defibrillator, and to have at least one employee who is trained in its use. This Chapter is will become effective on September 13, 2007.

Amends the Public Health Law to require children born after January 1, 1994 to have booster vaccinations for diphtheria, tetanus, and pertussis upon entering 6th grade. This Chapter becomes effective on September 1, 2007.

Amends the Public Health Law to establish within the Department of Health, a statewide immunization registry to collect, store, and disclose the electronic and paper records of vaccinations administered to persons under 19 years of age. This chapter is effective on December 1, 2006.

Amends the Public Health Law to conform the New York State scheduling of Controlled Substances to the Federal scheduling of Controlled Substances, as listed in the Code of Federal Regulations. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Insurance Law to clarify the definition of autism spectrum disorders, thus expediting the autism diagnosis process and ensuring that insurance companies will not deny coverage. This Chapter will be effective on January 1, 2007.

Amends the Insurance Law to require that Coastal Market Assistance Program (CMAP) and New York Property Insurance Underwriting Association (NYPIUA) information be included in homeowners' insurance cancellation and nonrenewal notices on properties located in coastal, CMAP, NYPIUA areas. This Chapter will become effective on November 23, 2006.

Amends the Insurance Law to require insurers, when they cancel or non-renew, or significantly raise premiums or change insurance coverage, to provide commercial insurance policyholders with loss histories within a 10-day rather than 20-day period. This Chapter is effective as of August 25, 2006.

Amends the Insurance Law to redefine burglary and theft insurance to permit insurance companies to offer coverage for financial losses an individual or family may suffer as the result of actual or threatened violent acts such as car jacking, child abduction, stalking or home invasion. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Labor Law to forbid any employer from videotaping employees while they are in rooms designated by the employer for employees to change their clothes where there is a reasonable expectation of privacy. Makes provisions for civil actions to be brought by employees against violating employers. Chapter 154 adds an exemption for law enforcement personnel engaged in the conduct of their authorized duties. Chapter 126 became effective immediately when the Governor signed it into law on July 5, 2006 and Chapter 154 is also effective as of the date Chapter 126 became effective.

Amends the Labor Law to strengthen the enforcement powers of the Apparel Industry Task Force. More specifically, enacts a procedure to confiscate apparel goods and manufacturing equipment from offending employers; increases various monetary penalties; specifies that production employees are not to be considered manufacturers or contractors under the law; and enacts or strengthens various other measures. This Chapter is effective on December 14, 2006.

Amends the Labor Law to enact a comprehensive carnival, fair, ride, and amusement park safety package, including the establishment, within the Department of Labor, of the Carnival, Fair, and Amusement Park Safety Advisory Board, and including the requirement that the Department maintain a database of inspections of such sites. Chapters 261, 365, and 367 became effective immediately when the Governor signed them into law on July 26, 2006. Chapter 368 is effective on November 1, 2006 and Chapter 366 will be effective on December 14, 2006.

Amends the Labor Law to extend the currently expired Self Employment Assistance Program (which helps Unemployment Insurance claimants start their own businesses) effective  6/13/06.

Amends the Workers’ Compensation Law to provide that Lyme Disease can be treated as an occupational disease for employees who work outdoors or with animals. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Labor Law to require public employers to develop and implement programs to prevent workplace homicides and assaults. Enacts various related provisions, including "whistleblower" protections for employees who bring to their supervisors' attentions violations of the program or imminent dangers. Chapters 82 and 542 become effective on March 4, 2007.

Amends the Public Health Law to replace provisions governing the practice of x-ray technology in order to update language and add new requirements consistent with industry practice. Creates a nuclear medicine technologist license, required for practice effective January 1, 2009. Allows radiologic technologists to administer or inject contrast media, provided they obtain a Intravenous Contrast Media Certification from the Department. Expands the radiologic Technologist Advisory Board from 9 to 11 members by adding 2 licensed nuclear medicine technologists, to be appointed by the Commissioner. Replaces a position held by the physician in the general practice of medicine with a nuclear medicine physician. This Chapter becomes effective on July 26, 2007, one year from the date the Governor signed it into law.

Amends the Education Law to extend for an additional 4 years, until June 30, 2010, provisions that authorized physical therapy assistants to provide services in home care settings. This Chapter became effective immediately when the Governor signed it into law on July 7, 2006.

Amends Chapter 30 of the Laws of 1985, relating to persons who may practice a profession within the state without a license, to authorize certified athletic trainers as one of the medical professionals licensed in other jurisdictions who are authorized to practice in this State as part of Olympic events and training. This Chapter became effective immediately when the Governor signed it into law on July 5, 2006.

Amends the Education law, the Social Services Law, the Business Corporation Law, the Limited Liability Company Law and the Partnership Law to grant a 1-year extension of the deadline, until January 1, 2007, for the State Education Department to process mental health practitioner licensure applications, provided those applications were received by December 31, 2005. Delays enforcement of the licensing requirements for individuals who have applied during this period, unless the individual was otherwise denied a license. This Chapter became effective as of January 1, 2006.

Amends the Education Law to extend until December 31, 2009, the expiration and repeal of the provisions authorizing the Board of Regents to grant 3-year waivers of the citizenship requirement for licensure as a veterinarian or animal health technician. Authorizes the granting of waivers when the alien veterinarian can prove there is a shortage of qualified veterinarians. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Education Law to prohibit a person from using the title of nurse, or any other title or abbreviation that would represent to the public that the person is authorized to practice nursing, unless the person is licensed or otherwise authorized under the provisions of the Education Law. This Chapter becomes effective on July 26, 2007.

Amends the Education Law to expedite the discipline process through the establishment of clear and efficient procedures for service of charges and notice of hearing in professional discipline cases that afford licensees due process of law. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Mental Hygiene Law enacting the "Quality of Care Act", which requires certain voluntary or not-for-profit employers providing services to the mentally retarded and Developmentally Disabled to offer pay and benefits similar to those accorded State employees in State-operated programs. Veto 416, December 20, 2006

Enacts the "Children's Mental Health Act of 2006". Directs the Commissioner of the Office of Mental Health to develop and monitor the implementation of a comprehensive children's mental health plan, and requires the establishment of guidelines for incorporating social and emotional development of children into elementary and secondary school educational programs. This Chapter became effective immediately when the Governor signed it into law on September 13, 2006.

Amends the Vehicle and Traffic Law to provide that a person 62 years of age or older who receives Supplemental Security Income (SSI) benefits, and whose driver's license is expired or has been surrendered, may apply for and be issued a free non-driver identification card. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Vehicle and Traffic Law to extend, from July 7, 2006 to July 7, 2010, the ability of an individual to pay Department of Motor Vehicle fees and other charges by credit card. This Chapter became effective immediately when the Governor signed it into law on July 7, 2006.

Chapter 248:

Amends the Agriculture and Markets Law, along with the Real Property law, to require the current disclosure notice presented to a prospective grantee of real property in an agricultural district to include provisions urging prospective purchasers to contact the Department of Agriculture and Markets to obtain additional information or clarification regarding their rights and obligations. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Real Property Law to require the seller of real property to inform the purchaser prior to entering into a contract for sale of such property of the existence of any uncapped natural gas wells situated on the property, of which the seller has actual knowledge. This Chapter becomes effective on January 1, 2007.

Creates the Access to Home Program to be administered by the Housing Trust Fund Corporation (HRFC). Amends the Private Housing Finance Law to provide financial and technical resources to assist renters and property owners to make dwelling units accessible for low and moderate income persons with disabilities and disabled veterans. Adapting homes to meet the needs of those with disabilities will enable many New Yorkers to safely and comfortably continue to live in, or return to, their residences instead of residing in an institutional setting. This Chapter became effective immediately when the Governor signed it into law on July 20, 2006.

Amends the Highway Law to eliminate the limitation on the dollar amount that a town can pay a land owner in the event his or her land is taken for the purpose of improving or discontinuing a highway. This Chapter became effective immediately when the Governor signed it into law on September 13, 2006.

Amends the Real Property Law in relation to authorizing the charging of common expenses of restricted income condominium units which are less than the common expenses charged to owners of other units, where the lesser charges are necessary to ensure that the combined common expenses, mortgage and other housing costs paid by owners of units subject to such regulatory agreements do not exceed 30% of the household income limit specified in the regulatory agreements. This Chapter became effective immediately when the Governor signed it into law on June 7, 2006.

Amends the Executive Law, as amended by chapter 438 of the laws of 2005 to require that carbon monoxide detectors be installed in every one or two-family dwelling and any condominium or cooperative constructed or offered for sale after July 30, 2002. Further provides that that carbon monoxide detectors must be installed in dwellings that have appliances, devices, or systems that may emit carbon monoxide. This Chapter became effective as of December 7, 2005.

Amends the General Business Law to require businesses installing new and/or substantially modifiying a swimming pool to notify home owner that the pool must be equipped with an acceptable pool alarm capable of detecting a child entering the water and giving off an audible alarm. Also amends the Executive law to amend the Uniform Fire Prevention and Building Code, to require pool alarms, approved by the Secretary of State, to be installed in all residential or commercial swimming pools constructed or substantially modified after the act takes effect. This Chapter will become effective on December 14, 2006.

Amends the Environmental Conservation Law to require the Department of Environmental Conservation or a responsible party to provide within 30 days the results of certain environmental tests of real property to the owner or occupant of such real property in order to provide ample opportunity for neighbors or other citizens to be notified. This Chapter will become effective on November 12, 2006.

Creates a credit against the personal income tax for the rehabilitation of historic properties and a historic homeownership rehabilitation credit equal to 30% of the federal credit (capped at $100,000) and 20% of qualified expenditures (capped at $25,000), respectively, beginning January 1, 2007. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006 and applies to all taxable years beginning on January 1, 2007.

Amends the Social Services and Real Property Tax Laws to encourage the provision of in-home day care by directing that a parcel used for residential purposes and registered as a family day care home (i.e., provides service for 3 to 8 children for more than 3 hours per day) must be assessed without regard to its use or registration as a family day care home. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006 and applies to the next taxable status dare on or after January 1, 2007.

Amends Section 925-b of the Real Property Tax Law to allow localities to pass a local law granting senior citizens eligible to receive the enhanced senior STAR exemption the ability to receive up to a five day extension on the payment of real property taxes in order to allow sufficient time for them to have received their Social Security checks. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Real Property Tax Law to allow local governments the option to increase the maximum income eligibility limit for the Disabled Real Property Tax Exemption program from $26,000 beginning July 1, 2006, to $27,000 beginning July 1, 2007, to $28,000 beginning July 1, 2008, and to $29,000 beginning July 1, 2009. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Chapter 252:

Amends the Real Property Tax Law giving local governments the option to increase the maximum income eligibility limit for the Disabled Real Property Tax Exemption program to $26,000 beginning July 1, 2006. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Creates, as part of the 2006-2007 New York State Budget, an on-going personal income tax credit of $200 for those eligible volunteer firefighters and ambulance workers who are not receiving a real property tax exemption for such volunteers.

Authorizes under the Agriculture and Markets Law, the ability to seek a hardship extension when filing for an agricultural property tax exemption after the taxable status date due to illness or death in the applicant's family, or for other good cause reasons. Similar waiver provisions have been granted to senior citizens that fail to timely file a senior citizen real property exemption application pursuant to Real Property Tax Law section 467. This Chapter became effective immediately when the Governor signed it into law on September 13, 2006.

Amends the Real Property Tax Law to grant multiple owners of property who meet the qualifications for both the senior citizen and disabled person tax exemption the option of choosing the one exemption that is most beneficial to such owners. Under current law, in order for a homeowner to qualify for a tax exemption every member of the household must qualify for the same tax exemption. However, if two or more people share a residence and qualify for two or more different tax exemptions, none of the cohabitants can be awarded an exemption. This Chapter is effective on January 1, 2007.

Amends the Real Property Tax Law to allow school districts to adopt property tax exemptions of up to ten percent of the assessed value of real property owned by an enrolled member of an incorporated voluntary fire company, fire department or incorporated volunteer ambulance service, or such enrolled member and their spouse, who reside in a county with a population of more than nine hundred thousand and less than nine hundred fifty thousand persons. This Chapter is effective on January 1, 2007.

Amends the Real Property Tax Law to allow localities to continue or reinstate volunteer fire and ambulance tax exemptions to an un-remarried spouse of a deceased volunteer who had been previously receiving the exemption for such property and had been certified as having been an enrolled member and served in the volunteer fire service or the volunteer ambulance service for 20 years or more. This Chapter is effective on January 1, 2007.

As part of the 2006-2007 New York State Budget, the Local Property Tax Rebate Program is created to provide a school tax rebate check each fall to STAR recipients that is based on a Personal Income Tax (PIT) Credit calculated for approximately 30% of STAR benefits. The initial rebate is to be paid to school property taxpayers by the end of October 2006. Includes a funding fail-safe for any year in which an appropriation for such rebate is not provided. This Chapter became effective and applies to the tax years beginning on January 1, 2006.

Amends the Social Services Law to extend, until June 30, 2008, current law which allows certain public assistance recipients to participate in workstudy and internship positions and have those hours count toward their work activity requirements, and ensures that social services districts make all reasonable efforts to assign work activities that do not conflict with the student's academic schedule. This Chapter became effective immediately when the Governor signed it into law on July 5, 2006.

Amends the Social Services Law to increase the standard of monthly need for aged, blind, and disabled persons and increases the mandatory minimum State supplementation of federal SSI benefits. This Chapter is effective on December 31, 2006.

Amends the Executive Law to requires the Disaster Preparedness Commission to develop public service announcements to be distributed to television and radio stations throughout the State informing the public how to prepare and respond to disasters, including terrorist acts, and directs that such announcements be in English and any other languages as deemed necessary by the Commission. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Executive Law to require evacuation drills to be conducted at least twice a year in any building owned or leased in whole by the State or any State agency and directs that such drills be conducted so that all occupants of the building will participate simultaneously. This Chapter took effect as of November 9, 2005, the same date Chapter 207 of the Laws of 2005, amending the same section of law, became effective.

Amends the Executive Law to require that State and local disaster preparedness plans provide for the utilization and coordination of programs to assist individuals with household pets and service animals following a disaster, with particular attention to means of evacuation, shelter and transportation options. This Chapter becomes effective on January 1, 2007.

Amends the New York State Medical Care Facilities Finance Agency Act to increase, from $12.6 billion to $13.4 billion, the maximum amount of hospital and nursing home project bonds and notes that may be issued by the Dormitory Authority (as successor to the New York State medical Care Facilities Finance Agency). This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Public Officers Law and the State Technology Law to require all entities subject to the Freedom of Information Law (FOIL), if such entity has reasonable means available, to accept requests for records submitted in the form of electronic mail and to respond to such requests by electronic mail, using forms, to the extent practicable, consistent with the forms created by the Committee on Open Government. This Chapter takes effect on October 24, 2006.

Amends the Public Officers Law to allow a court to award attorney's fees and other litigation costs when a government agency had no reasonable basis for denying access to records under a Freedom of Information (FOIL) request, or failed to respond to a FOIL request or appeal within the required time period. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Public Authorities Law to conform provisions relating to the Industrial Exhibit Authority to the Public Authorities Accountability Act of 2005, which provides for greater efficiency, openness, and accountability of the State's public authorities. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Civil Service Law and the State Finance Law to create and modify various personnel-related reporting and record-keeping requirements relating to State outsourcing. This Chapter is effective as of June 19, 2006.

Chapter 395:

Amends the Legislative Law and the State Finance Law to exempt contracts between the Unified Court System and not-for-profit organizations from procurement contract provisions. This Chapter became effective as of August 23, 2005.

Amend the State Administrative Procedure Act to permits the Secretary of State to publish an electronic copy of the State Register (in addition to the physical copy of the State Register) and provides for the electronic submission of comments regarding published notices. This Chapter will is effective as of October 24, 2006.

Chapter 62 (Enacted Budget Revenue Package) and Chapter 109 (Enacted Budget, Technical Clean-up):

Caps the State sales tax on motor fuel and diesel motor fuel at a taxable value of $2 per gallon, effective June 1, 2006, with local option. Requires distributors and sellers to pass the savings on to consumers and directs the Commissioner of Taxation and Finance, in conjunction with the Chair of the Consumer Protection Board, to monitor and enforce the cap. Establishes a civil penalty of up to $5,000 per incident per day for a violation.

Creates the Local Property Tax Rebate Program, which provides a school tax rebate check each fall to STAR recipients that is based on a Personal Income Tax (PIT) credit calculated for approximately 30% of STAR benefits. The initial is to be paid to school property taxpayers by the end of October 2006.

Amends the Real Property Tax Law to extend for 5 years, until January 1, 2011, the real property tax exemption for solar, wind, or farm waste energy Systems. This Chapter was effective as of January 1, 2006.

Amends the Real Property Tax Law to expand the property tax exemption on buildings essential to agricultural operations to include structures used in the production of maple syrup. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Tax Law to provide for a reduction in Federal adjusted gross income for personal income tax purposes for living organ donors and specifies that up to $10,000 may be subtracted from a taxpayer's federal gross income for certain expenses relating to the donation of a human organ. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006 and applies to tax years beginning on January 1, 2007.

Chapter 680:

Amends the Agriculture and Markets Law to extend from 4 to 6 years, the property tax exemption for land that is used solely for the purpose of replanting or crop expansion as part of an orchard or vineyard. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006 and applies to tax years beginning on January 1, 2006.

Creates a credit against the personal income tax for the rehabilitation of historic properties and a historic homeownership rehabilitation credit equal to 30% of the federal credit (capped at $100,000) and 20% of qualified expenditures (capped at $25,000), respectively, beginning January 1, 2007. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006 and applies to all taxable years beginning on January 1, 2007.

Amends the Executive Law to assist members of the military who may have been exposed to toxic materials or harmful physical agents such as depleted uranium to obtain treatment. Also includes a best practice health screening test for exposure to toxic materials or harmful physical agents and creates a task force to study the effects of exposure to such agents.   Effective on November 10, 2006.

Amends the Civil Practice Law and Rules relating to time limitations to extend for an additional 2 years, until June 16, 2008, the statute of limitations for phenoxy herbicide (Agent Orange) actions for U.S. armed forces personnel who served in Indochina from December 22, 1961 through May 7, 1975. This Chapter became effective immediately when the Governor signed it into law on May 31, 2006.

Amends the Election Law to extend for 1 year, until December 31, 2007, provisions relating to the time frame for the acceptance of military ballots following a primary, special, or general election. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the Education Law to extend, to September 1, 2008, the time for certain Vietnam, Persian Gulf, and Afghanistan veterans to apply to the New York State Higher Education Services Corporation for tuition awards. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Education Law to provide for Regents award college scholarships for children of deceased and Disabled Veterans of the conflicts in Afghanistan and Iraq. Once this bill becomes an official Chapter of the Laws of 2006, it shall take effect immediately as of the date the Governor signed it into law on July 26, 2006.

Amends the General Business Law and the Executive Law to require any persons seeking flight instruction in a New York State flight school to undergo background checks before they are allowed to receive such instruction. This Chapter is effective as of October 15, 2006.

Amends the Urban Development Corporation Act authorizing the Urban Development Corporation to create a program to authorize loans up to $150,000, with an interest rate of no more than 5%, to small and medium-sized businesses that have been adversely affected by the loss of an owner, manager, or key employee who has been called up on active military duty. This Chapter is effective as of September 11, 2001.

Amends the Military Law to allow members of the reserve components of the armed forces who are activated to military duty to cancel a rental agreement at no penalty and with a full refund of any moneys paid on deposit. This Chapter became effective immediately when the Governor signed it into law on July 26, 2006.

Amends the Labor Law to provide that spouses of United States National Guard or Reserves members who have been deployed during a period of military conflict must be allowed up to 10 days unpaid leave while their spouses are on leave. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Amends the General Municipal Law, the Retirement and Social Security Law, the Administrative Code of the City of New York, and the Retirement and Social Security Law, to provide for the receipt of accidental death benefits by certain active or retired public employees who participated in the rescue or recovery efforts related to the terrorist attack on September 11, 2001. This Chapter is effective as of September 11, 2001.

Amends the Retirement and Social Security Law to deem that certain disabling injuries incurred by certain New York City employees who worked in the World Trade Center rescue and recovery effort entitle such employees to specified job-related disability benefits. Effective June 13, 2006

Amends the Workers' Compensation Law to make special provisions for claims relating to and arising from participation in the World Trade Center rescue, recovery, and clean-up following the terrorist attack of September 11, 2001. This Chapter is effective as of September 11, 2001.