2007
New Laws
AGING
Chapter 48:
Authorizes the State Office for the
Aging to establish one or more senior
pet companionship programs to improve
the quality of life of senior citizens
by matching them with their ideal pet.
Studies have shown that an individual's
emotional and mental well being can be
greatly enhanced by the companionship of
a loyal and loving pet. The purpose of
this legislation is to improve the
quality of life of senior citizens, who
often have limited social contact, by
establishing senior pet companionship
programs. This chapter became effective
on July 1, 2007.
Chapter 372:
Eliminates consideration of annual
income as an eligibility requirement for
senior citizens to be hired under the
Green Thumb Environmental Beautification
Program. The Green Thumb Environmental
Beautification Program provides
senior citizens an opportunity to
work on environmental projects. The program
functions through a non-profit
organization and employs persons over
fifty-five years of age. State
agencies contract for the performance of
services provided by these senior
citizens. This bill will enable more
senior citizens to become or stay
eligible for the Green Thumb Program. Effective on July 18, 2007.
Chapter 358:
Makes the Naturally Occurring
Retirement Community (NORC) Supportive
Services Program permanent in Elder Law. This measure
recognizes that NORCs are a
permanent and important part of the
programmatic landscape with respect to
seniors in New York. This chapter became
effective on July 18, 2007.
Chapter 434:
Establishes a process by which senior
citizen property owners can, upon
request, designate a third party to be
notified in matters regarding
application or renewal of the senior
citizen real property tax exemption.
Currently, there is a third party
notification process included in Real
Property Tax Law, Section 425, for the
STAR school tax exemption. This
notification system is a protection for
homeowners who are ill or infirm that
allows them to request that a notice of
any actions needed on their part to
continue their STAR exemption be sent to
a third party, such as a child. This
third party notification ensures
the homeowner does not lose this
valuable property tax exemption because
of ill health or infirmity. There is no
similar process for third party
notification for application or
reapplication for the senior tax
exemption for the town and county tax
that is contained in Real Property Tax
Law, Section 467. This chapter will
permit a senior citizen to request
the application be sent to a third party
to make sure the application is not
overlooked. Effective on
August 1, 2007.
Chapter 573:
Establishes a senior vision services
program within the New York State Office
for the Aging to provide
comprehensive services to elderly
persons with functional
visual impairments. Services
include client assessment, information
and referral for health care services,
client and family counseling and
education, and technical assistance for
human services agencies without
experience serving the blind or visually
impaired. Elderly persons would be
eligible for services if they suffered
from a visual impairment that
substantially interfered with their
ability to perform routine daily tasks,
even if they were not regarded as
"legally blind." Effective on August 15, 2007.
Agriculture
Chapter 126:
Specifies any municipal
corporation, regional market authority,
public benefit corporation,
not-for-profit corporation, or
agricultural cooperative may submit an
application for State assistance for
promotional support for farmers’
markets. Chapter 612 of the Laws of 2006
expanded the eligibility criteria of New
York's farmers' markets to include
promotional initiatives. Such grants
cannot exceed $5,000 for any applicant
per fiscal year. This legislation simply
provides a technical amendment to ensure
statutory uniformity in this respect by
acknowledging last year's amendment in
Article 22's general grants application
provisions. It became effective on July
3, 2007.
Chapter 249:
Authorizes the Commissioner of
Agriculture and Markets to cause surveys
of beekeepers and apiary yard locations
within the state to be made for purposes
of assessing the size and condition of
the State’s honeybee population. The
surveys authorized by the bill will help
to make the Department's apiary
inspection program more effective and
efficient. Effective on July 18,
2007.
Chapter 400:
Directs the
Department of Agriculture and Markets to
study the impact of hauling costs on
dairy farms. Milk transportation in the
United States is almost entirely
dependent on trucking. The
ever-increasing costs associated with
such transport translate into
lower milk profits for dairy producers.
When combined with high feed and on-farm
energy costs, low milk prices and
natural disasters, these hauling
expenses have squeezed profit margins
for farmers. An
increased effort is needed to take a
closer look at how to best insure
New York remains one of the country's
top milk producers. Effective August 1, 2007.
Alcohol and Substance
Abuse Services
Chapter 204:
Authorizes physicians who have
obtained authorization from the federal
government to administer buprenorphine
to addicts may administer it without
obtaining an operating certificate from
the Commissioner of Alcoholism and
Substance Abuse Services. The
federal authorization process is
sufficient to ensure physicians are
qualified to administer buprenorphine.
Effective on July 3, 2007.
Chapter 309:
Authorizes the issuance of 24-hour
temporary permits to caterers and
service providers to serve alcoholic
beverages at events held at a winery or
farm winery. Alcoholic beverages
can now be served at
weddings, receptions and parties held at
these sites. Effective July 18, 2007.
Chapter 319:
Clarifies and streamlines the local
option questions that may be submitted
to the voters of cities and towns with
respect to the sale of alcoholic
beverages. ABC Law § 141 authorizes
certain municipalities, by petition, to
place before the voters specified local
option questions such as if they want to
allow taverns, restaurants, year-round
hotels, summer hotels, package liquor
and/or wine stores, grocery stores, drug
stores, beer and wine product stores,
and baseball park beer licenses to be
issued. The current options were deemed
as
confusing to all parties involved in
the process (local government, the
public, licensees and the State Liquor
Authority). This chapter simplifies the
process and provides clarity regarding
the options available to localities. It
becomes effective on November 1, 2007.
Chapter 391:
Directs the Law Revision Commission
to review the Alcoholic Beverage Control
Law and related laws and report
thereupon to the Governor and the
Legislature, possibly with proposed
legislation, including a review of
modernity, simplicity, fairness, ease of
administration, and equity; requires a
preliminary report by March 1, 2008, and
a final report by September 1, 2008.
This chapter became effective on August
1, 2007.
Chapter 406:
Clarifies the activities that may be
held within a building occupied as a
place of worship without depriving the
building of the protections afforded by
the Alcoholic Beverage Control Law to a
building exclusively occupied as a place
of worship. This legislation clarifies
what uses would not pose a risk to the
exclusive use provisions of the ABC Law
(i.e. social service related activities,
senior citizen functions, Red Cross
blood drives, etc.). Listing specific
examples of the types of permitted
activities will provide guidance to
places of worship and eliminate the need
for detailed fact finding in license
applications. This chapter becomes
effective on November 1, 2007.
Chapter 447:
Authorizes the
State Liquor Authority to issue licenses
to venues with a capacity of 1,000 or
more persons for bars, counters, or
similar contrivances in such numbers as
the SLA determines in the exercise of
its discretion, thereby allowing large
venues such as night clubs to exceed the
current limit of three stand-up bars.
Current law does not allow for more than
two additional bars at any one licensed
establishment. Consequently, large
venues argued they require more than two
additional bars based on volume of sales
are prohibited from obtaining licenses
for any additional bar beyond the two
allowed under existing law. This chapter
becomes effective on November 1, 2007.
Chapter 530:
Authorizes the sale of privately held
liquors at auction by persons licensed
by the State Liquor Authority to conduct
auctions for such purposes; provides for
the licensure of such auctioneers;
authorizes shipment of liquor for the
purpose of an auction; grants permission
to those who are authorized to sell
liquor at wholesale or retail to
purchase liquor at auction and to resell
it in accordance with their licenses;
and provides for liquor tastings, in a
manner parallel to wine tastings
authorized under current law. This
chapter becomes effective on October 14,
2007.
Chapter 564:
Establishes a farm distillery license
(Class D distiller’s license) for
distillers manufacturing liquor
primarily from farm and food products;
specifies that retail sales must be made
on premises on a cash and carry basis;
authorizes liquor tasting on distillery
premises. Under the prior law,
micro-distilleries were limited to
selling their products to a wholesaler
or retail liquor store. These
distilleries manufacture limited
quantities of spirits (made primarily
from NY agricultural products) that do
not have broad name recognition. Hence,
they are more difficult to sell to the
public. This chapter expands the number
of sales outlets that farm based
micro-distilleries can use to market and
sell their products. In essence, these
farm distilleries will operate in a
manner similar to farm wineries that are
able to sell their product at retail for
off-premises consumption and conduct
tastings. This chapter is effective
November 13, 2007.
Banking & Financial
Services
Chapter 114:
Clarifies ATM fees
may be charged to persons from foreign
countries. Adds a new section 9-u to the
Banking Law to specify an operator
or owner of an ATM may charge an access
fee or surcharge to a person who is
conducting an ATM transaction and who is
using an account from a financial
institution located outside the United
States. The new section would not prohibit
an ATM operator or owner from
voluntarily entering into an agreement
to participate in a surcharge-free
network. This chapter is effective
October 1, 2007.
Chapter 186:
Creates a New York State Community
Development Financial Institutions
(CDFI) Program, similar to the federal
CDFI program, which provides financial
and technical assistance to eligible
CDFIs that serve low- and
moderate-income communities. The federal
Community Development Banking and
Financial Institutions Act of 1994
established a national CDFI Fund to
promote the formation and expansion of
community development financial
institutions across the country. The State CDFI supplements
the federal program to expand services and economic growth.
The State program would authorize loans
to, and deposits in, CDFIs. Effective July 3, 2007.
Chapter 274:
Expands the State Deposit Charter
Program and continues to allow
deposits into any state-chartered bank
with a satisfactory CRA rating. The bill
expands the program to allow
deposits into federally-chartered banks headquartered in New York,
have a satisfactory CRA rating and meet
economic criteria established by
the State Comptroller and the
Commissioner of Taxation and Finance,
including an institution's
loan-to-deposit ratio, its record of
small business lending, and the impact
that such deposits would have on an
area's economic activity. Effective July 18, 2007.
Chapter 322:
Streamlines the process for
considering and granting the "wild card"
authority, i.e., laws that enable State
chartered banks to compete with
federally chartered banks. Extends the
wild card authority to State-chartered
credit unions and State-licensed
branches and agencies of foreign banking
corporations. Extends the wild card
provisions, generally, for two years,
until September 10, 2009. This chapter
became effective September 1, 2007.
Chapter 552:
In order to help protect consumers
from predatory lending, conforms the
regulatory restrictions which govern
high-cost home loans to the loan size
limit for a comparable dwelling as
established from time to time by the
federal National Mortgage Association,
i.e., Fanny Mae. Currently, the
definition of "home loan" includes only
those mortgage loans where the principal
amount does not exceed the lesser of: a)
the conforming loan size limit for a
comparable dwelling as established by
Fannie Mae; or b) $300,000. This chapter
sets the threshold level at the Fannie
Mae conforming loan limit for a
comparable dwelling. It becomes
effective October 14, 2007.
Business, Tourism &
Economic Development
Chapter 89:
Extends, from June 30, 2007 until
June 30, 2008, the expiration of the
Power for Jobs Program and the Energy
Cost Savings Benefit Program. This
legislation seeks to expand these
popular programs to provide low cost
power to New York state businesses.
These businesses have relied on
Authority power programs to help them
maintain and create hundreds of
thousands of well paying jobs in the
State. This chapter became effective
June 29, 2007.
Chapter 91:
Provides that the voluntary
contribution to the State Treasury by
the Power Authority of the State of New
York under the Power for Jobs Program is
to be $30 million for the 2007-2008
State fiscal year. Increases, from $394
million to $424 million, the limit on
the amount of the total annual
contributions for the years in which
delivery and sale associated with all
Power for Jobs phases and extensions
take place. This chapter became
effective June 29, 2007.
Chapter 259:
Provides a $300 million appropriation
for funding of project costs for an
international computer chip research and
development center and the College of
Nanoscale Science and Engineering (CNSE)
at SUNY Albany through the issuance of
bonds by the Urban Development
Corporation (UDC). This chapter
authorizes the UDC to issue up to $300
million in bonds to support the
development of UNITE. UNITE is a
partnership between CNSE and SEMATECH, a
global semiconductor technology
development consortium which conducts
and sponsors state-of-the-art research
and collaboration among equipment and
materials suppliers and government
research centers. The UNITE
collaboration is expected to create 450
jobs, fund new nanotechnology research
projects, including lithography and
three dimensional interconnect
technologies and establish the
headquarters of International SEMATECH
at the CNSE facilities. The provisions
of this chapter are deemed to have been
in full force and effect on and after
April 1, 2007.
Chapter 297:
Provides matching grants to
cluster-based industry and agribusiness
under the Rural Revitalization Program
of the New York State Urban Development
Corporation. States that such grants are
to support cluster-based industry and
agribusiness development activities
which increase or retain employment
opportunities and otherwise contribute
to the growth or revitalization of rural
areas. This chapter became effective
July 18, 2007.
Chapter 419:
Requires agencies promulgating
regulations to publish small-business
regulation guides, explaining in plain
language the actions which the small
business must take to be in compliance
with any applicable regulations.
Provides that the Governor’s Office of
Regulatory Reform will oversee and
coordinate the preparation and
distribution of the guides. This chapter
only affects rules and regulations
promulgated on or after its effective
date. It becomes effective October 30,
2007.
Children & Families
Chapter 36:
Specifies that when a court has
directed the service of an order of
protection, there is to be no fee for
service of such order and of any related
orders or papers to be served
simultaneously. A civil order of
protection must be personally served
upon a respondent for it to be
enforceable. Many of the sheriffs'
departments in New York State serve
civil orders of protection without cost
to the victim. However, some departments
will either charge a flat fee, on
average $25-35, or a fee plus mileage.
In addition, some departments will
charge a subsequent fee if an order
cannot be served on the first attempt.
Others will serve without charge if the
respondent resides in the county, but if
service must be made outside the
originating county, a fee is charged.
Some departments charge if the request
is made by an attorney representing a
victim. This chapter ensures a statewide
policy and practice that creates equity
between criminal and civil options,
supports safety for domestic violence
victims, and is consistent with New
York's proactive, aggressive response to
domestic violence. It became effective
August 19, 2007.
Chapter 73:
Permits a judge in a domestic
violence case to make an order by which
the victim may vacate his or her lease
if there is sufficient cause to believe
that abiding by the lease agreement may
be dangerous to the victim. This chapter
allows victims of domestic violence the
option of leaving their dwelling in
order to ensure their safety without
breaking a lease agreement. When a
person's safety is threatened by a
stalker or former partner that person
may wish to move away from his or her
residence. Such individuals often cannot
because they are bound by a lease
agreement. This chapter permits these
individuals to find a safe place to make
their homes. It becomes effective on
October 1, 2007.
Chapter 193:
Requires certain mandated reporters
of child abuse and neglect, who have
knowledge of an allegation of child
abuse and/or neglect, to report directly
to the Statewide Central Register rather
than designating an agent to do so for
them. This chapter is aimed at making
sure that child abuse and maltreatment
reports from schools, child care
providers, foster care agencies,
residential facilities, hospitals and
mental health facilities are made in a
timely fashion by the individual who is
a mandated reporter, as opposed to a
designated agent on behalf of the
mandated reporter, and prohibits an
institution from putting any conditions
upon making that report. This chapter
becomes effective on October 1, 2007.
Chapter 198:
Requires a court, when issuing an
order of protection, to provide for
revocation of a firearms license,
ineligibility for such license, and
surrender of all firearms owned by the
individual based upon a prior conviction
for a willful violation of an order of
protection involving any physical
injury, rather than just serious
physical injury; makes a parallel change
regarding the issuance of a temporary
order of protection, providing only for
suspension rather than revocation of any
firearms license. This chapter became
effective August 2, 2007.
Chapter 412:
Requires parties in an action for
divorce to be made aware of the
potential loss of their health care
coverage obtained through their spouse’s
health insurance. Whether or not a party
to a divorce action has health insurance
coverage once a settlement is reached is
of crucial importance and explicit
provisions addressing these facts should
be included in any rendered judgment.
This chapter becomes effective on
October 30, 2007.
Chapter 469:
Corrects two inequities in current
law by (1) providing for the
availability of an adoption subsidy,
under certain circumstances, upon the
death of an adoptive parent and (2)
permitting an adult adopted child to
contact a birth parent whose parental
rights were terminated by permitting the
birth parent to register with the New
York State Adoption Information
Registry. This chapter becomes effective
November 29, 2007.
Chapter 513:
Enacts "Xctasy’s Law." Clarifies
existing law to require social service
workers acting in their official
capacity to report information of
suspected child abuse that is received
from secondary sources to the New York
State Child Abuse Hotline so that such
report can be investigated. This chapter
becomes effective October 14, 2007.
Conservation and
Recreation
Chapter 320:
Relates to the regulation of public
vessels; enacts various requirements
regarding the access of the vessel by
individuals, including requiring
multiple means of ingress and egress;
requires vessels to be equipped with a
specifically calculated amount of
serviceable floatation devices; makes
provisions regarding the operation of
public vessels after repairs or
modifications and specifies penalties
for violations. The purpose of this
legislation is to increase public vessel
safety by establishing new equipment and
inspection requirements for public
vessels and increasing penalties for
violations of the Navigation Law.
Sections one and five of this chapter
become effective November 15, 2007. The
remaining sections became effective July
18, 2007.
Chapter 347:
Increases the penalties for persons
who have been convicted of illegally
taking shellfish more than once. Cases
of illegal harvesting of shellfish have
increased recently in New York State and
the Department of Environmental
Conservation has acknowledged this as a
problem. Such activity takes money out
of the hands of licensed shellfish
diggers. Therefore, penalties for
illegal harvesting must be increased.
This chapter became effective July 18,
2007.
Chapter 584:
Revises the definition of "Erie
Canal" to change the eastern terminus
from Waterford to Albany and the western
terminus from Tonawanda to Buffalo; also
provides that for purposes of provisions
regarding the Canal Recreationway
Commission and the New York State Canal
System Development Fund, the Erie Canal
is to be deemed to include the historic
Erie Canal and its western terminus in
the City of Buffalo and the historic
lock number one in the City of Albany.
This chapter became effective August 15,
2007.
Chapter 613:
Creates the New York State Sea Level
Rise Task Force to evaluate ways of
protecting New York’s remaining coastal
ecosystems and natural habitats and of
increasing coastal resilience in the
face of sea level rise; requires a
report to be completed by December 31,
2009. Over 62% of New York's population
lives in marine coastal counties. New
York must take action to protect natural
habitats from the unanticipated changes
associated with sea level rise.
Establishment of the New York State Sea
Level Rise Task Force will help the
State evaluate ways of protecting the
State's remaining coastlines and natural
habitats, while applying the best
available science as to sea level rise
and its anticipated impacts. This
chapter became effective August 15,
2007. It shall expire and be deemed
repealed January 1, 2010.
Consumer Protection
Chapter 69:
Prohibits telemarketers and sellers
from calling a telephone number that has
been on the national "Do-Not-Call"
registry for 31 days. This chapter
became effective June 4, 2007.
Chapter 233:
Prohibits a merchant from writing a
customer’s address and telephone number
on a sheet of paper attached to a credit
card form. Removes the exception in the
credit card privacy law that allows a
merchant to record the customer’s name
and address where the amount of the
transaction is below the store’s limit.
In 1989, the Legislature enacted a
credit card privacy law that prohibits
merchants from requiring consumers to
put their names and addresses on credit
card transaction forms, with certain
exceptions. Ch. 361, L. 1989. It has
come to the attention of the Department
of Law's Bureau of Consumer Frauds and
Protection that a number of merchants
are circumventing this law by taking a
consumer's name and address on a
separate piece of paper and attaching it
to the credit card form. This bill would
ensure that whether personal identifying
information is written on the credit
card form itself or on a piece of paper
attached thereto, it falls within the
privacy protection encompassed by
Chapter 361. This chapter became
effective July 18, 2007.
Chapter 242:
Requires that new computers and
accessories be sold with only new parts
unless otherwise labeled; establishes
labeling requirements and permits the
Attorney General to seek injunctive
relief and civil penalties. This chapter
mandates that the computer industry use
only new computer parts when it sells
"new" computer hardware, monitors,
printers, keyboards or accessories to
consumers. "New" shall be defined as
computer hardware, printer, monitor,
keyboard or other accessories containing
no parts of used or remanufactured
origin. The fact that the computer
hardware, printer, monitor, keyboard or
other hardware accessories are made of
only new parts shall be prominently
disclosed by label or sticker on the
outside of the container box for the
consumer to read. This chapter became
effective September 16, 2007.
Chapter 449:
Creates the Domain Names Cyber Piracy
Protections Act, which prohibits the
registration of a domain name that
consists of the name of another living
person, or a name substantially and
confusingly similar, without that
person’s consent, with the specific
intent to profit from such name by
selling the domain name for financial
gain to that person or any third party.
This legislation will allow the Attorney
General to seek injunctive relief and
forfeiture from a register and registrar
of domain names. This chapter becomes
effective November 29, 2007.
Chapter 472:
Creates a consumer bill of rights for
airline passengers, which requires
carriers to provide certain services
whenever airline passengers have boarded
and are delayed more than three hours on
an airport runway prior to takeoff.
Creates an airline consumer advocate
within the Consumer Protection Board.
This chapter becomes effective January
1, 2008.
Chapter 508:
Makes it unlawful to provide a free
trial offer that results in delivery of
any additional products or services, or
enrollment in any membership for a fee,
unless terms are clearly and
conspicuously disclosed and the consent
of the consumer has been expressly
provided. Recognizing that free trial
offers are a large part of business
practice, this legislation does nothing
to prevent free trial offers from being
offered but it does allow for greater
consumer confidence when accepting an
offer. It will make it easier for
consumers to cancel their free trials
when they expire. This chapter becomes
effective April 1, 2008.
Chapter 509:
Requires any retail business that
offers Internet access to post a warning
sign in its establishment that states,
"For the purpose of your own protection
and privacy, you are advised to install
a firewall or other computer security
measures when accessing the Internet."
Many businesses, including hotels and
Internet cafes, are now providing
Internet access to their customers,
particularly over wireless networks.
Unfortunately, some people see this as
an expanded opportunity to hack into the
computers of unsuspecting Internet
users. By requiring these signs to be
posted in these businesses, we can
remind users to protect themselves and
their personal information by using
computer security measures such as a
firewall. This chapter becomes effective
December 13, 2007.
Courts, Estates &
Judiciary
Chapter 70:
Provides for a release or a covenant
not to sue between a plaintiff and a
person who is liable or claimed to be
liable in tort under certain
circumstances. This chapter amends
section 15-108 of the General
Obligations Law to exclude certain
releases from its scope, including those
instances in which the plaintiff
voluntarily discontinues his or her suit
against a particular defendant without
receiving any monetary consideration for
that release. This chapter became
effective July 4, 2007.
Chapter 71:
Permits the court, at its discretion,
to dispense with a hearing for the
appointment of a standby guardian for an
infant and also permits the court, at
its discretion, to appoint a guardian ad
litem to recommend whether the
appointment of a standby guardian is in
the best interest of the infant.
Surrogate’s Court Procedure Act § 1726
was designed and intended to facilitate
the transfer of custody of a child whose
parent suffers from a terminal or
debilitating illness. The requirement
that a hearing be held upon every
application for the judicial appointment
of a standby guardian is antithetical to
that purpose. This chapter became
effective June 4, 2007.
Chapter 105:
Sets forth provisions under which a
family member may become a guardian to a
mentally retarded or developmentally
disabled person in order to make certain
health care decisions if such a guardian
has not been appointed. In the event a
guardian for a person with mental
retardation has not been appointed
pursuant to section 1750 or 1750 (a) of
the Surrogate’s Court Procedure Act,
this chapter authorizes a family member
of such person to make a decision to
withhold or withdraw life sustaining
treatment subject to the standards and
procedures of section 1750-b of the
Surrogate's Court Procedure Act. Family
members would be chosen in order of
priority from a list established
pursuant to regulations promulgated by
the Commissioner of the Office of Mental
Retardation and Developmental
Disabilities. The prioritized list would
be developed in conjunction with
parents, family members and advocates.
This chapter becomes effective December
30, 2007.
Chapter 127:
This measure is one in a series of
proposals introduced at the request of
the Chief Judge and the Chief
Administrative Judge to implement their
2006 Action Plan for the Justice Courts.
It amends section 849-i of the Judiciary
Law to raise the annual grant ceiling
applicable to the Justice Court
Assistance Program ("JCAP") from $20,000
to $30,000. The Legislature created JCAP
in 1999 to provide critical financial
assistance to towns and villages having
Justice Courts in their communities (see
L. 1999, c. 280). By that time, it had
become clear that those Courts, funded
locally, did not have the resources
needed to meet increased reporting
obligations, security demands and other
responsibilities of a modern Judiciary
and that, for those courts to remain
viable institutions, some measure of
supplementary State assistance was in
order. This chapter became effective
July 3, 2007.
Chapter 210:
Enacts "Anthony’s Law" to give
priority to cases of unjust conviction
and imprisonment based on alleged
innocence in the Court of Claims. This
chapter became effective July 3, 2007.
Chapter 237:
Permits two or more towns that form a
contiguous geographic area to establish
a single town court. Pre-existing law
only allowed for two adjacent towns to
form a single town court. This
legislation allows for two or more towns
that form a contiguous geographic area
within the same county to establish a
single town court. It will enable
neighboring towns to consolidate their
court systems, thereby realizing a
significant cost savings. This chapter
became effective July 18, 2007.
Chapter 321:
Authorizes the Chief Administrator of
the Courts to temporarily assign to a
justice court a justice or judge from
another town, village, or city court who
resides in the same county or an
adjoining county, and authorizes payment
of expenses and costs to such judges and
justices so temporarily assigned. This
chapter became effective July 18, 2007.
Chapter 423:
Provides that a non-marital child,
born after the execution of a last will,
is to be considered an after-born child.
This chapter became effective August 1,
2007.
Chapter 448:
Provides that when a county fails to
comply with the obligation to provide
judges of the Court of Appeals with
suitable facilities at his or her
residence, such judge may lease chambers
anywhere in the county, with such cost
to be borne by the county, subject to
full reimbursement by the State. This
chapter is deemed to have been in full
force and effect on and after August 1,
2007.
Chapter 488:
Requires an attorney who prepares a
will that designates an employee of such
attorney or affiliated attorney as
executor to obtain a written
acknowledgment of disclosure from the
testator. This chapter became effective
August 31, 2007.
Chapter 525:
Requires that information obtained
from the Statewide Registry of Child
Abuse and Maltreatment supplied by the
Office of Children and Family Services
as part of the procedure for the
petitioner to obtain letters of
guardianship must include whether the
infant, a person nominated to be
guardian of such infant, or the
petitioner is a subject of a report
which is under investigation at the time
of the inquiry, and requires the office
to inform the Surrogate county as to the
outcome of such investigation upon its
completion. This chapter became
effective August 15, 2007.
Crime & Corrections
Chapter 8:
Includes written communication within
the offense of disseminating indecent
material to minors to ensure that
graphic written text transmitted over
the Internet to a minor falls within the
purview of the statute. This chapter
amends section 235.22 (1) of the Penal
Law to include describing, in words or
images, to a minor through computer
communication, explicit or narrative
accounts of nudity, sexual conduct or
sado-masochistic abuse which is harmful
to the minor. This chapter became
effective March 19, 2007.
Chapter 74:
Creates the offense of human sex
trafficking and labor tracking and
establishes services for victims of
human trafficking. This chapter becomes
effective November 1, 2007.
Chapter 98:
Requires inclusion of instruction in
shaken baby syndrome as part of any
correctional educational program. This
chapter became effective July 3, 2007.
Chapter 191:
Addresses problems associated with
intrastate transfer of probationers by
establishing that when probation
supervision is transferred from the
probation department serving the county
of a probationer’s conviction to the
probation department serving the county
of the probationer’s residence, there is
a mandatory, rather than discretionary,
complete transfer of probation
responsibilities to that receiving
jurisdiction. This chapter became
effective September 1, 2007.
Chapter 235:
Makes a person who has been convicted
of a violent felony offense or Class A-1
felony and who is issued a certificate
of good conduct or relief from
disabilities ineligible to obtain a
firearm license or to lawfully possess a
rifle or shotgun by virtue of such
certificates. This chapter becomes
effective October 16, 2007.
Chapter 240:
Provides inmates of State
correctional facilities with telephone
services utilizing a prepaid or collect
call system. This chapter becomes
effective April 1, 2008.
Chapter 310:
This chapter amends Section 260.06 of
the Penal Law by adding that a
conviction in the preceding five years
of a felony crime under Section 260.06
of the Penal Law is also a predicate
offense to Section 260.06. Section
260.06 is the crime of non-support of a
child in the first degree which is an E
felony and is defined as a crime where a
parent, guardian or other person legally
charged with the care or custody of a
child less than sixteen fails or refuses
without lawful excuse to pay child
support when he or she is able to do so.
Prior to this chapter, it was only a
conviction of the misdemeanor crime
under Section 260.05 of the Penal Law
that acted as a predicate to a
conviction under Section 260.06. This
chapter becomes effective November 1,
2007.
Chapter 318:
Authorizes an increase in the amount
of an emergency award granted by the
Crime Victims Board prior to the
issuance of a final decision of the
board, from $1,500 to $2,500. The amount
the Board can pay in emergency awards
has remained unchanged since the Board's
creation by statute in 1966. This
chapter gives the Board more flexibility
to help many crime victims when they
need it most, and in an amount that more
realistically reflects current conditions. For example, sexual assault
victims may need HIV drugs immediately
for them to be effective, and there are
other instances when the need of a crime
victim is greatest immediately after the
crime. This chapter became effective
July 18, 2007.
Chapter 346:
Requires a local law enforcement
agency to take a police report from an
identity theft victim and provide the
victim a copy of the report free of
charge. Identity theft presents
difficult problems for its victims. When
a consumer suspects that he or she has
been the victim of identity theft, his
or her obvious recourse is the local
police department. Victims of identity
theft need their police reports to
document the crime and fully recover
from its effects. This chapter became
effective July 18, 2007.
Chapter 373:
Makes the failure of a sex offender
to register or verify pursuant to the
provisions of the Sex Offender
Registration Act a Class E felony for
the first offense and a Class D felony
for a second or subsequent offense. This
chapter became effective August 17,
2007.
Chapter 376:
Creates the crimes of aggravated
cemetery desecration in the first and
second degrees; makes such crimes a
Class D felony and a Class E felony,
respectively. This chapter becomes
effective November 11, 2007.
Chapter 377:
Establishes a pilot project to allow
the State Director of the Division of
Probation and Correctional Alternatives
to designate four counties outside of
New York City in which probation
authorities would have the legal
authority to issue temporary detainer
warrants for certain high-risk
probationers when no judge is available,
namely, those under probation
supervision for a sex offense, sexually
violent offense, or family offense who
have been taken into custody for
probation violations. This chapter
became effective July 18, 2007.
Chapter 568:
Includes the crimes of trademark
counterfeiting in the first and second
degree within the definition of criminal
acts relating to enterprise corruption.
This chapter becomes effective November
1, 2007.
Chapter 582:
Creates the crimes of interference,
harassment, or intimidation of a service
animal; harming a service animal in the
second degree; harming a service animal
in the first degree; also includes
provisions for the negligent causation
of harm to a service animal, and
includes a civil right of action to
recover damages for such harm. This
chapter became effective August 15,
2007.
Education
Chapter 41:
Enacts the Student Lending
Accountability, Transparency and
Enforcement Act. Establishes provisions
to protect students and parents from
exploitation by the student loan
industry and institutions of higher
learning. Creates the "Student Lending
Education Account," to be used for
purposes of educating borrowers
concerning the student loan process and
reimbursing victims of inflated student
loans. This chapter becomes effective
November 25, 2007.
Chapter 422:
Provides that expenditures for
self-supporting programs are not to be
considered as part of a school
district’s total spending for purposes
of a contingency budget. Chapter 436 of
the Laws of 1997 amended various
sections of law concerning the
authorization of expenditures and
indebtedness in school districts
operating under a contingency budget.
There is no provision for
self-supporting programs under this law
where revenue offsets the total expense.
This chapter became effective August 1,
2007.
Chapter 579:
Enacts the "Allergy and Anaphylaxis
Management Act of 2007," which
establishes a statewide policy to manage
the risk of allergy and anaphylaxis in
schools. Anaphylaxis is a severe and
potentially life threatening reaction to
an allergen and schools are faced with
significant challenges in dealing with
it. This chapter became effective August
15, 2007.
Elections
Chapter 17:
Moves the day of the spring primary
in presidential election years from the
first Tuesday in March to the first
Tuesday in February. This chapter became
effective April 9, 2007.
Chapter 49:
Changes the date of the 2007 primary
from September 11 to September 18 in
recognition of the significance of the
World Trade Center and Pentagon attacks
that occurred on September 11, 2001.
This chapter expires December 31, 2007.
Chapter 99:
Extends for one year, until July 10,
2008, provisions relating to the form of
ballots in primary elections and the
canvassing of write-in votes. This
chapter became effective July 3, 2007.
Chapter 228:
Provides for the election of
delegates to a national party convention
or a national party conference and to
the "Winter" and "Fall" primary of 2008.
This chapter shall be deemed to have
been in full effect on and after July 1,
2007.
Chapter 254:
Extends the time frame for the
acceptance of military ballots to seven
days following a primary or special
election and to 13 days following a
general election. This chapter became
effective July 18, 2007.
Chapter 397:
Reestablishes the Citizens’ Election
Modernization Advisory Committee,
extends the committee to July 1, 2010
and requires the committee to meet 4
times a year. This chapter is deemed
repealed July 1, 2010.
Chapter 590:
Increases, from $125 to $300, the
amount of compensation that New York
City election commissioners receive for
each meeting of the City Board of
Elections or any of its committees, and
increases, from $12,500 to $30,000, the
maximum compensation per year. This
chapter became effective September 14,
2007.
Energy, Utilities &
Telecommunications
Chapter 153:
Extends provisions of Chapter 589 of
the Laws of 2000 that prohibit the Long
Island Power Authority from imposing any
additional fee for the voluntary
termination of residential electric
service for the purpose of utilizing
alternative sources of electric
generation. Voluntarily terminating
residential electric service to utilize
an alternative source of electric
generation has a positive impact on our
environment and the state of New York's
natural resources. There should not be
any additional fees imposed on residents
by the Long Island Power Authority due
to this eco-friendly change in power
source. This chapter became effective
July 3, 2007.
Chapter 155:
Requires a waterworks corporation to
provide notice to customers of a
proposed initial schedule of rates once
in each week for 4 successive weeks in a
newspaper having general circulation in
the county or counties containing
territory affected by such initial
proposed schedule of rates. Public
Service Law § 89-c requires existing
waterworks corporations to provide
notice to the public when a rate change
is filed with the Commission, but no
similar notice requirement exists
regarding initial rates proposed by
newly-formed waterworks companies. This
chapter becomes effective October 31,
2007.
Chapter 329:
Requires Voice over Internet Protocol
(VoIP) telephony providers to clearly
and conspicuously inform prospective and
current customers of the limitations of
the 911 emergency call services such
providers offer. The purpose of the
duties and monetary penalties created by
this bill is so that New York State's
citizens may be protected against the
sort of tragedy that occurred recently
in Texas when a husband and wife were
severely wounded in front of their
child, and said child was unable to
access 911 emergency services from the
family's VoIP telephone. This chapter
becomes effective November 15, 2007.
Chapter 395:
Provides for the replacement of
refrigerators with energy-efficient
refrigerators in certain multiple
dwellings and provides financial
assistance by the New York Power
Authority to be repaid through energy
costs savings. A refrigerator uses
electricity constantly. Replacing
refrigerators in multiple dwellings
would significantly reduce energy use
and electricity costs for both owners
and tenants. Owners would not incur any
costs in having the refrigerators
replaced because the Power Authority
would provide the upfront capital costs.
If PASNY replaces an owner's
refrigerator, the owner would not need
to charge the tenant any fees or
increased rent, because the owner does
not incur a cost and repays the Power
Authority with savings in energy costs
that are generated as a result of the
refrigerator replacement. This chapter
became effective August 1, 2007.
Environmental
Protection
Chapter 42:
Extends by 60 days, until July 16,
2007, the effective date of the sale of
architectural and industrial coatings
containing volatile organic compounds,
as long as the coating complies with the
standards in effect at the time of
manufacture. This chapter became
effective May 29, 2007.
Chapter 172:
Provides 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 exceptions for railroads and
electric companies. This chapter became
effective July 3, 2007.
Chapter 258:
Provides for financial reporting
regarding the Environmental Protection
Fund (EPF) and increases the funds from
the Real Estate Transfer Tax that are to
be deposited in the EPF, from the
current level of $212 million to $237
million commencing in State Fiscal Year
2009-2010. This chapter is deemed to
have been in full force and effect on
and after April 1, 2007.
Chapter 262:
Establishes a linked deposit program
whereby the Environmental Facilities
Corporation invests moneys from the
Water Pollution Control Revolving Fund
at reduced rates of return with
participating lenders who would then
make low-interest loans to eligible
borrowers for water pollution control
projects; enhances State and local
efforts to reduce point-source and
nonpoint-source water pollution. This
chapter becomes effective January 14,
2008.
Chapter 456:
Creates the New York State Canal
Flood Mitigation Task Force within the
Department of Environmental Conservation
to determine what measures should be
taken to enhance flood management and
mitigation in and along the New York
State Canal System, including the Erie
Canal. This chapter became effective
August 1, 2007.
Chapter 466:
Requires that vehicular global
warming index labels be affixed to motor
vehicles manufactured for the model year
2010 and for subsequent model years.
Transportation remains one of the
greatest sources of carbon dioxide
emissions in our society. The promotion
of vehicles with low carbon emissions is
desirable for environmental, public
health, economic, and energy goals. This
legislation will allow consumers to
consider a vehicle's carbon emissions at
the point of purchase. It became
effective August 1, 2007.
Handicapped and
Disabled
Chapter 174:
Establishes an Interagency
Coordinating Council for Services to
Persons who are Deaf, Deaf-Blind, or
Hard of Hearing, which is to coordinate
the collection of information on
population needs, engage in
comprehensive strategic planning, and
prepare legislative and policy
recommendations for the Governor and
State Legislature. This chapter becomes
effective July 1, 2008.
Chapter 181:
Enacts "P.J.’s Law," requiring school
bus drivers and school bus attendants on
a bus transporting a child or children
with a disability to complete training
on the special needs of children with a
disability, at least once a year. This
chapter became effective July 3, 2007.
Chapter 342:
Extends provisions for publishers or
manufacturers to provide instructional
materials for students with
disabilities. Creates an advisory
council comprising individuals from
college disability student support
services, the State Education
Department, the publisher community and
students with disabilities. States that
the council is to provide input into
policy development, program guidelines
and implementation strategies, and
updates and technical assistance to
regional college disability service
coordinators. This chapter became
effective July 18, 2007.
Health
Chapter 47:
Continues to allow certain Article 28
clinics to bill Medicaid for services
related to individual education programs
for eligible preschool special education
students until the Department of
Education implements a new preschool
special education rate-setting
methodology. This chapter became
effective May 29, 2007.
Chapter 81:
Amends multiple sections of the
Public Health Law in relation to
hospital acquired infections and
enhances funding support for the
provision of HIV services to women,
adolescents and children. This Chapter
also extends the expiration date of the
voluntary immunization registry
established for the purposes of tracking
and monitoring the immunization of
children. The provisions of this Chapter
that pertain to hospital acquired
infections become effective on January
1, 2008. Signed by the Governor on June
29, 2007, the remaining provisions of
this Chapter became effective on that
date.
Chapter 95:
Amends the Social Services Law and
the State Finance Law by authorizing
employers and Taft-Hartley funds to
offer Family Health Plus insurance plans
to all employees or members regardless
of their income eligibility and creates
the Family Health Plus Employer
Partnership Account. Establishes a
termination date for the Home Care
Health Insurance Demonstration Program
which is to be replaced by the Family
Health Buy-In Program. The provision of
this Chapter authorizing employers and
Taft-Hartley funds to offer Family
Health Plus insurance plans to employees
and members becomes effective on April
1, 2008. The Chapter’s remaining
provisions became effective on July 1,
2007.
Chapter 101:
Amends the Social Services Law by
removing, for purposes of determining
eligibility for the family health plus
program, depreciated assets from the
gross family income of a self-employed
individual operating a farm operation.
Signed by the Governor on July 3, 2007,
the provisions of this Chapter became
effective immediately.
Chapter 131:
This Chapter extends, for an
additional two years, the "safe patient
handling program," which was established
by chapter 738 of the laws of 2005 to
identify successful strategies for
minimizing the likelihood that health
care workers or patients would suffer
injuries during the lifting,
transferring, repositioning or moving of
patients in New York State licensed
health care facilities. Signed into law
by the Governor on July 3, 2007, the
provisions of this Chapter became
effective immediately.
Chapter 236:
Amends the Public Health Law by
requiring certain providers of automated
external defibrillators to post a sign
or notice at the main entrance of the
facility or building in which the
automated external defibrillator is
stored indicating the location in the
building or facility where such
automated external defibrillator can be
found. This Chapter becomes effective on
November 15, 2007.
Chapter 290:
Amends the Public Health Law to
require the Coordinating Council for
Services related to Alzheimer’s Disease
and other Dementia to review and report
upon the use of clinically recognized,
scientifically based, cognitive
impairment screening tools used to
identify signs of, and individuals
at-risk for, cognitive impairment,
including Alzheimer's disease or other
dementias. The council is also required
to review and report on best practices
of providers regarding the early
identification of at-risk individuals,
referral practices and the range of
interventions and services available for
the cognitively impaired. This Chapter
becomes effective on November 1, 2007.
Chapter 314:
Amends the Public Health Law by
providing statutory authority for the
existing Statewide Perinatal Data System
and establishes provisions for the use
of perinatal data by Regional Perinatal
Centers. Signed by the Governor on July
18, 2007, the provisions of this Chapter
became effective immediately.
Chapter 315:
Amends the Public Health Law by
authorizing certain corporate owned
businesses with expertise in the
provision of dialysis services to be
established as operators of renal
dialysis facilities. This Chapter
becomes effective on January 14, 2008.
Chapter 317:
Amends the Public Health Law in
relation to the public health system’s
ability to prepare for and respond to
emergency situations. Mandates the
electronic reporting of certain diseases
and the submission of clinical specimens
by clinical laboratories and blood
banks, requires water suppliers to
submit emergency plans for review once
every five years and to update emergency
plan communication and notification
information annually and requires the
Commissioner of Health to keep
vulnerability analysis assessments
confidential. Signed by the Governor on
July 18, 2007, the provisions of this
Chapter became effective immediately.
Chapter 355:
Through an amendment to the Social
Services Law, this Chapter provides for
the suspension of Medicaid benefits for
individuals incarcerated in state and
local correctional facilities and the
immediate reinstatement of those
benefits upon their release. This
Chapter becomes effective on April 1,
2008.
Chapter 365:
Amends the Education Law and the
Public Health Law in relation to
requiring oversight, by the Department
of Health, of physicians who conduct
office-based surgery or invasive
procedures. This Chapter becomes
effective on January 14, 2008. The
provisions which pertain to the
accredited status of a licensee, or to
the accredited status of a setting in
which office-based surgery is performed,
however, become effective on June 14,
2009.
Chapter 393:
This chapter directs the department
of health to annually report to the
governor and legislature on the
incidence of skin cancer in the state.
Through knowledge and understanding of
the risk factors for developing skin
cancer, primarily through exposure to
ultraviolet light, one is able to make
informed choices and take preventative
steps to avoid high risk activities, or
at the very least, protect oneself from
excessive exposure when risk avoidance
is not possible. This chapter became
effective August 1, 2007.
Chapter 403:
Expands access to hospice based
palliative care by allowing hospice
providers to receive government
reimbursement for palliative care
services. This chapter became effective
August 1, 2007.
Chapter 427:
Establishes a public umbilical cord
banking program within the Department of
Health. Requires the department to
promote public awareness of the
potential benefits of cord blood banking
and to promote research regarding the
uses of cord blood. This chapter becomes
effective January 28, 2008.
Chapter 451:
This chapter enhances consumer rights
relating to health insurance by: (1)
imposing limitations on when
pre-authorized services may be denied;
(2) broadening protections for when a
provider leaves a network; (3)
permitting external appeal of
out-of-network denials when a health
insurance plan is proposing an
alternative in-network treatment; (4)
requiring the collection and
dissemination of preferred provider
organization data; and (5) establishing
timeframes for submission of claims to
managed care providers and family health
insurance plans. This act shall take
effect April 1, 2008; provided, however,
that: sections four, eleven and thirteen
of this act shall take effect
immediately and shall expire and be
deemed repealed June 30, 2009; sections
two, three and twelve of this act shall
take effect on January 1, 2008;
provided, however, that subparagraph
(iii) of paragraph (1) of subsection (a)
of section 3238 of the insurance law as
added in section twelve of this act
shall expire and be deemed repealed
December 31, 2009; provided, however,
that the amendments to section 364-j of
the social services law made by section
nine of this act shall not affect the
repeal of such section and shall be
deemed repealed therewith; and sections
one, nine and ten of this act shall
apply to services provided on or after
January 1, 2008.
Chapter 471:
Provides for education and outreach
regarding advance directives,
particularly health care proxies. This
chapter became effective August 1, 2007.
Chapter 500:
Permits hospitals that meet the
eligibility requirements for a Medicaid
rate adjustment due to a high number of
public insurance program discharges to
submit corrected data schedules to the
Department of Health. This chapter
became effective August 1, 2007.
Chapter 576:
Clarifies the exempt status of
certain trust income of disabled
individuals in determining eligibility
for Medicaid. This chapter became
effective August 15, 2007.
Chapter 609:
Extends until January 1, 2012, the
expiration of provisions of the Public
Health Law facilitating participation of
Department of Health facilities in
managed care arrangements. This chapter
became effective August 15, 2007.
Highway Safety & Motor
Vehicles
Chapter 241:
Prohibits any person from operating a
school bus for which there are no
applicable federal school bus safety
standards, unless all occupants are
restrained by a safety belt approved by
the Commissioner of Motor Vehicles,
thereby extending the seat belt
requirement to small vans that are used
as school buses; establishes penalties
for violations. This chapter becomes
effective November 1, 2007.
Chapter 311:
Expands provisions relating to
operation of a snowmobile while
intoxicated to include operations on
bodies of water or private property of
another. This chapter becomes effective
November 1, 2007.
Chapter 345:
Creates the crimes of aggravated
vehicular assault and aggravated
vehicular homicide; makes changes to the
elements of certain other related
crimes. This chapter becomes effective
November 1, 2007.
Chapter 517:
Establishes an administrative hearing
process for motor vehicle
franchise-dealer disputes. This chapter
becomes effective February 11, 2008.
Housing
Chapter 85:
Increases the bond and note
authorization of the housing Finance
Agency by $1.5 billion, from $11.28
billion to $12.78 billion. Extends, from
June 30, 2007 to June 30, 2009, the
effective date of the program.
Chapter 229:
Extends for an additional year, to
July 16, 2008, the sunset date of
provisions authorizing the State of New
York Mortgage Agency (SONYMA) to
purchase forward commitment mortgages
and to issue new money taxable and
tax-exempt bonds. Authorizes SONYMA to
reimburse its mortgagors for any federal
recapture liability incurred in
connection with SONYMA-financed mortgage
loans. Increases SONYMA’s tax-exempt
bonding authority, from $7.670 billion
to $7.920 billion. This chapter became
effective July 9, 2007.
Chapter 234:
Requires temporary swimming pool
enclosures to be replaced with permanent
enclosures in compliance with State and
local building codes within 90 days and
permits an extension for good cause.
This chapter becomes effective January
14, 2008.
Human Rights
Chapter 133:
Clarifies provisions relating to
discrimination against individuals who
use a guide dog, hearing dog, or service
dog and defines such terms in law. This
chapter becomes effective October 1,
2007.
Chapter 284:
Prohibits discrimination against
current employees and license holders
who have a previous criminal conviction
that is unrelated to the employment or
license (similar to prohibitions against
discrimination of prospective employees
or license holders). This chapter became
effective July 18, 2007.
Chapter 574:
Provides an employee has the right
to express breast milk at work, requires
an employer to make reasonable efforts
to provide a location for a woman to
express milk in privacy and prohibits
discrimination against an employee who
chooses to express breast milk in the
workplace. This chapter became effective
August 15, 2007.
Juvenile Justice
Chapter 575:
Authorizes maintenance and repair of
cemeteries as a condition of a sentence
of probation or of conditional discharge
or a juvenile delinquent or person in
need of supervision. This chapter
becomes effective November 1, 2007.
Labor
Chapter 6:
Enacts a comprehensive Workers’
Compensation reform package, achieving
benefit increases for claimants and cost
savings for businesses. Raises the
maximum Workers’ Compensation disability
benefit. Caps the amount of time a
claimant can draw cash benefits for a
permanent partial disability (PPD).
Enacts various "safety net" measures to
protect claimants whose PPD benefits are
in danger of running out and. Enacts
other cost-saving measures. This act
shall take effect on March 3, 2007;
provided that: a. section four of this
act shall apply to accidents and dates
of disablement which occur on and after
such effective date; b. sections six and
eight of this act shall take effect on
the one hundred eightieth day after this
act shall have become a law; c. sections
seven, nine, thirteen, fifteen and
seventy of this act shall take effect on
the thirtieth day after this act shall
have become a law, and shall apply to
offenses committed on and after such
date; d. sections ten, thirty-five,
forty and forty-one of this act shall
apply to claims or appeals filed after
the effective date of this act; e.
sections eleven, twelve, twenty-five,
twenty-six, twenty-seven, twenty-eight,
thirty-three, forty-three, forty-six,
and sixty-six of this act shall take
effect on the one hundred twentieth day
after this act shall have become a law;
f. section thirty-four of this act shall
apply to appeals filed after the
effective date of this act; g. sections
fifty-six and sixty-five of this act
shall take effect January 1, 2008; and
h. section sixty-eight of this act shall
take effect February 1, 2008; provided,
however that the amendments made to
section 2316 of the insurance law made
by such section shall not effect the
expiration of such section pursuant to
section 2342 of the insurance law and
shall be deemed expired therewith.
Chapter 160:
Prohibits the employment of a minor
as a performer or dancer in any portion
of a public establishment where nude
dancing or performance occurs. Likewise
prohibits the admittance of minors to
such facilities. This chapter became
effective September 1, 2007.
Chapter 199:
Extends the time for filing the form
to qualify for certain benefits related
to the World Trade Center. This chapter
became effective July 3, 2007.
Chapter 282:
Requires that workers on public work
projects be given an OSHA safety course.
This chapter became effective July 18,
2007.
Chapter 435:
Requires the Commissioner of Labor to
issue a report on the offshore
outsourcing of information technology
jobs. This chapter became effective
August 1, 2007.
Chapter 578:
Requires employers with 20 or more
employees to allow employees working 20
or more hours per week up to three hours
leave (per 12-month period) to donate
blood. This chapter becomes effective
December 13, 2007.
Local Government and
Rural Affairs
Chapter 303:
Authorizes the establishment of urban
search and rescue, specialty rescue and
incident support teams within the state.
Many areas of the State do not possess
the technical rescue capabilities
necessary to respond to significant
natural or man-made disasters. The most
effective means to assure adequate
capacity at local and regional levels is
through the establishment of urban
search and rescue task forces, specialty
rescue and incident support teams. This
chapter became effective July 18, 2007.
Chapter 580:
To facilitate State emergency
training requirements, requires the
State Fire Administrator, State
Emergency Medical Services Council and
the regional emergency medical services
councils to make their respective
training programs available on video or
computer to the maximum extent
possible. This chapter became effective
August 15, 2007.
Mental Hygiene
Chapter 24/Chapter 271:
Enacts "Jonathan’s Law." Establishes
a task force on mental hygiene records
and reports to study and make
recommendations regarding access to
mental hygiene patient records and
reports concerning minors and others
with legal guardians or surrogates;
directs the Commission on Quality of
Care and Advocacy for Persons with
Disabilities to serve as the
clearinghouse for the rights of mental
hygiene patients and their legal
representatives with regard to access to
records; requires notification of the
legal representative of a patient upon
the occurrence of an incident involving
such patient. These chapters became
effective May 5, 2007.
Chapter 120:
Clarifies that community input and
participation is to be required in the
development of State plans for
children’s mental health. Coordinates
the reporting dates of such plans within
each calendar year. This chapter became
effective July 3, 2007.
Chapter 294:
Directs the Inter-Office Coordinating
Council of the Department of Mental
Hygiene to annually report to the
Legislature on its activities. This
chapter becomes effective January 1,
2008.
Chapter 305:
Provides for the submission of
reports to the Office of Mental
Retardation and Developmental
Disabilities electronically via the
internet. This chapter becomes effective
January 1, 2008.
Chapter 312:
Extends the jurisdiction of the
surrogate decision-making committee to
persons receiving case management or
service coordination provided, funded or
approved by the Office of Mental
Retardation and Developmental
Disabilities. This chapter became
effective July 18, 2007.
New York City
Chapter 79:
Provides relief for most residential
homeowners in New York City by capping
the adjusted base proportion for Class 1
property at last year’s levels. This
chapter became effective June 12, 2007.
Chapter 82:
Expands the sales tax exemption on
clothing and footwear purchases costing
under $110 to include all clothing and
footwear purchases made in New York
City. This chapter became effective
September 1, 2007.
Chapter 157:
Extends for two additional years,
until June 30, 2009, the authority of
New York City to "evaporate" (reduce to
zero) liens for municipally financed
repairs on buildings for which
administrators have been appointed
(Article 7-A properties). This chapter
became effective July 3, 2007.
Chapter 214:
Provides disability benefits to those
persons who repaired, cleaned, or
rehabilitated vehicles or equipment
owned by the City that were contaminated
by debris resulting from the terrorist
attacks on September 11, 2001. This
chapter became effective July 3, 2007.
Chapter 273:
Authorizes New York City, at local
option, to create a tax abatement for
the installation of bathroom grab bars
in multiple dwelling units for tenants
who are senior citizens or disabled
persons. This chapter became effective
July 18, 2007.
Chapter 384:
Directs the Mayor of New York City to
submit a congestion pricing plan to
address traffic congestion within a zone
of severe traffic congestion in
Manhattan by August 1, 2007. Establishes
the New York City Traffic Mitigation
Commission to review, study, and conduct
public hearings regarding such a plan
and any other such plans presented to
it. Requires the Metropolitan
Transportation Authority and the State
Department of Transportation to comment
on the plan by October 1, 2007.
Specifies that the Commission is to
approve and submit its recommendations
on the Mayor’s plan or any other
congestion mitigation plan submitted to
it by January 31, 2008.
Chapter 386:
Includes community boards located in
New York City among the entities
authorized to apply for and receive
State moneys for Brownfield Opportunity
Area Program Grants. This chapter became
effective August 1, 2007.
Chapter 483:
Authorizes New York City to extend
the $400 property tax rebate for all
eligible 1-, 2- and 3-family homeowners
and cooperative and condominium owners
for three additional years. This chapter
became effective August 1, 2007.
Chapter 484:
Creates a refundable credit against
the New York City personal income tax
for child care expenses paid by families
with gross household incomes under
$30,000 per year, for children under the
age of four. Analogous to the State
income tax credit for dependent care
services, the City credit declines at
higher income level, with the neediest
families receiving a credit of up to
$1,000. This chapter became effective
August 1, 2007.
Chapter 495:
Extends for two years, until June 14,
2009, the time in which a member may
file a sworn statement with his or her
retirement system regarding
participation in the cleanup and
recovery efforts subsequent to the
terrorist attacks on September 11, 2001.
This chapter is deemed to have been in
full force and effect on and after June
14, 2007.
Professions
Chapter 183:
Increases, from 45 to 60, the number
of hours of acceptable formal continuing
education required for dentists during
each triennial period. Allows a maximum
of 18 hours of self-instructional
coursework. Requires a course in
jurisprudence and ethics for dentists
and maintenance of current certification
in cardiopulmonary resuscitation. This
chapter becomes effective December 30,
2007.
Chapter 201:
Extends until December 31, 2010, 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 July 3, 2007.
Chapter 389:
Includes licensed midwives, acting
within their scope of practice, among
the list of medical practitioners
authorized to refer patients to physical
therapy. This chapter became effective
August 1, 2007.
Chapter 474:
Provides that of the 22.5 hours of
continuing education already required
for real estate license renewal, at
least three hours must be spent on fair
housing and antidiscrimination training.
This chapter becomes effective July 1,
2008.
Chapter 603:
Authorizes a registered physician
assistant, acting within the lawful
scope of practice, and to the extent
assigned by his or her supervising
physician, to prescribe controlled
substances to patients under the care of
the physician responsible for the
physician assistant’s supervision. This
chapter becomes effective December 13,
2007.
Racing and Wagering
Chapter 162:
Authorizes organizations permitted by
a locality to conduct bingo to conduct
bonus ball bingo games which pay an
enhanced prize when the last ball called
on a winning card is designated a bonus
ball. States that the maximum prize for
the game must be 75% of the money
received from bonus ball games or
$6,000, whichever is less. This chapter
became effective July 3, 2007.
Chapter 169:
Clarifies that Workers’ Compensation
benefits and coverage secured by the New
York Jockey Injury Compensation Fund,
Inc. are to be limited to jockeys,
apprentice jockeys and exercise persons
licensed pursuant to the provisions of
the Racing, Pari-Mutuel Wagering and
Breeding Law providing for thoroughbred
racing or quarter horse racing. This
chapter became effective July 3, 2007.
Chapter 440:
Increases, from 1% to 2% of the
thoroughbred racing purses, the
contribution that must be made to
backstretch employee pensions during the
period May 1, 2007 through April 30,
2008. This chapter became effective
August 1, 2007.
Chapter 441:
Authorizes the administration of
bingo games without a license, where no
participant or other person pays
anything of value for the opportunity to
participate, when such game is conducted
in a municipality which authorizes
licensed bingo, and such games are
conducted in a private home or certain
residential complexes, or by certain
bona fide charitable organizations and
entertainment businesses; makes such
free bingo subject to regulation and
civil penalties. This chapter becomes
effective January 1, 2008.
Real Property Tax
Chapter 1:
Creates the Flood Assessment Relief
Act of 2007, which allows certain owners
of property that was damaged during the
floods of June and July 2006, to receive
an assessment review and revaluation of
the property based on the after-flood
value. This chapter became effective
January 24, 2007.
Chapter 68:
Limits changes in base agricultural
assessment values to a maximum of 10% of
such value from the preceding year. This
chapter became effective June 4, 2007
and shall apply to the base agricultural
assessment value calculated for 2007 and
each succeeding year thereafter.
Chapter 178:
Authorizes assessors to notify
taxpayers of anticipated increases in
assessments before the tentative
assessment roll is filed, which will
substantially increase the time period
during which the taxpayer and assessor
may meet to resolve any differences they
may have regarding such assessment. This
chapter shall apply to assessment rolls
with taxable status dates on or after
January 2, 2008.
Chapter 348:
In addition to several technical
corrections to the real Property Tax
Law, includes provisions that would
permit an exemption for a person with
limited income due to a disability when
another owner qualifies for the senior
citizen’s exemption, and vice-versa.
This chapter became effective July 1,
2007.
Chapter 404:
Creates, at local option, a partial
residential property tax exemption for
homes that have been damaged by soil
subsidence in the Town of Amherst (Erie
County). This chapter became effective
August 1, 2007.
Chapter 540:
Expands the property tax exemption on
buildings essential to agricultural
operations to include structures used in
the production of honey and beeswax.
This chapter was signed August 15, 2007
and shall apply to assessment rolls
prepared on the basis of taxable status
dates occurring on or after such date.
Social Services
Chapter 123:
Extends through August 22, 2009,
Welfare Reform Act provisions relating
to the exemption of income and
resources. This chapter became effective
July 3, 2007.
Chapter 132:
Increases the personal needs
allowance for aged, blind and disabled
persons in residential care. This
chapter becomes effective December 31,
2007.
Chapter 135:
Permits employed applicants for, or
recipients of, public assistance
benefits to choose to receive child care
subsidies in lieu of benefits even if
they are not working the minimum number
of hours required to fulfill public
assistance work requirements. This
chapter became effective July 3, 2007.
Chapter 326:
Provides exemption from work to
public assistance recipients whose
full-time presence in the home is
required because of illness or
incapacity of another member of the
household. This chapter shall be deemed
to have been in full force and effect on
and after October 1, 2006.
State Governmental
Operations
Chapter 14:
Enacts the Public Employees Ethics
Reform Act of 2007. Establishes the
Commission on Public Integrity to
replace both the current State Ethics
Commission and the Temporary State
Ethics Commission on Lobbying. Replaces
the Legislative Ethics Committee with
the newly created Legislative Ethics
Commission. Reforms the ethical
standards that apply to public officials
and strengthens the oversight bodies
charged with enforcing those standards.
This chapter became effective April 25,
2007; provided however, that sections
2-8, 11, 36, 38-44 became effective
September 22, 2007; section 12 became
effective April 1, 2007; section ten
becomes effective December 31, 2007;
section 18 becomes effective January 1,
2008 and section 25 becomes effective
December 31, 2008.
Chapter 25:
Establishes August 24 of each year as
"Ukranian Independence Day," a day of
commemoration to honor the date on which
the Ukraine declared its independence
from the Soviet Union in 1991. This
chapter became effective May 14, 2007.
Chapter 84:
Extends for two years, until June 30,
2009, provisions authorizing the
Commissioner of General Services to let
contracts under a certain value to
respond to construction emergencies and
raises the threshold amount for such
contracts from $200,000 to $300,000.
This chapter became effective June 29,
2007.
Chapter 102:
Requires State entities that maintain
a Web site to post certain information
on their sites, including, but not
limited to, the contact information of
the person who is responsible for
complying with requests under the
Freedom of Information Law. This chapter
becomes effective October 31, 2007.
Chapter 187:
Raises, from $10,000 to $20,000, the
threshold amount under which small
parcels of unappropriated State land may
be sold at a private sale to any owner
of adjacent lands by the Commissioner of
General Services. This chapter became
effective July 3, 2007.
Chapter 278:
Establishes the third Tuesday in
November as "New York State
School-Related Professionals Recognition
Day" to remember the many school-related
professionals (i.e. special education
aides, cafeteria workers, and school bus
drivers) who play a significant role in
the lives of New York State children.
This chapter became effective August 17,
2007.
Chapter 292:
Amends provisions relating to prompt
contracting for State contracts with
not-for-profit organizations;
establishes time frames by which State
agencies must notify not-for-profits of
contract approval, renewal or
cancellation; prohibits the waiver of
interest on late payments as a condition
of such contracts and changes the
composition and reporting requirements
of the Not-for-Profit Contracting
Advisory Committee. This chapter becomes
effective January 1, 2008.
Chapter 308:
Authorizes the Commissioner of
General Services to transfer and convey
certain State lands in Seneca County for
the purpose of establishing a veterans’
cemetery. This chapter became effective
July 18, 2007.
Chapter 407:
Requires the Department of State
(DOS) to post or maintain on its website
a link to an unofficial version of the
New York Codes, Rules and Regulations
available at no cost to the user and
provides that all State agencies that
have adopted rules and regulations are
to maintain a link to the DOS website
that contains such link. This chapter
becomes effective January 1, 2008.
Chapter 477:
Requires the Director of the Office
for Technology to conduct a study on the
issues surrounding the production and
preservation of electronic State
documents and to report on such findings
and recommendations. This chapter became
effective August 1, 2007.
Chapter 501:
Extends until July 31, 2009, certain
provisions on the regulation of
procurement lobbying relating to
restricting contracts in the procurement
process and the recording of such
contracts. This chapter became effective
August 1, 2007.
Chapter 607:
Extends for four years, until June
30, 2011, provisions authorizing the
Dormitory Authority, as the successor to
the Medical Care Facilities Finance
Agency, to provide financing for certain
health facilities. This chapter became
effective August 15, 2007.
Tax and Finance
Chapter 1:
Reforms the state budget process and
ensures a timely enactment of a state
budget. Accelerates "quick start" by
requiring the Governor, Senate, Assembly
and Comptroller to provide separate
reports of receipts and disbursement
estimates by November 5 and requires the
issuance of a joint report estimating
State receipts and disbursements by
November 15. Provides for enhanced
reporting for multiyear financial plans;
multiyear receipt and disbursement
forecasts; monthly cash flow
projections; data on State employee
employment levels; receipt expectations
for the prior, current and next 3 fiscal
years; itemization of information
technology projects over $10 million and
analysis of the fiscal impact of the
budget on local governments. This
chapter became effective January 24,
2007.
Chapter 128:
Allows a member of a condominium
management association or a
tenant-stockholder in a cooperative
housing corporation to claim a
proportionate share of the total expense
as an expenditure for the purposes of
the solar energy system equipment
attributable to his or her principal
residence, and increases, from 10kW to
50kW, the size of the solar energy
system eligible for the tax credit being
claimed by a condominium management
association or cooperative housing
corporation. This chapter became
effective January 1, 2007.
Transportation
Chapter 209:
Establishes the New York City Transit
Authority (NYCTA) Safety First Task
Force for the development of on-track
safety standards for NYCTA employees.
This chapter becomes effective October
1, 2007.
Veterans, Homeland
Security & Military Affairs
Chapter 325:
Extends payment of a $250 war bonus,
which is currently given to members of
the armed forces who served during World
War II or their next of kin, to members
of the Merchant Marines. This chapter
became effective July 18, 2007.
Chapter 399:
Awards an annual annuity of $500 to
Gold Star Parents of deceased veterans.
This chapter becomes effective January
28, 2008.
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