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                                              2007 New Laws
 
Aging    
Agriculture    
Alcohol & Substance Abuse Services    
Banking & Financial Services    

Business, Tourism & Economic Development

   

Children & Families

   
Conservation & Recreation    
Consumer Protection    
Courts, Estates & Judiciary    
Crime and Correction    
Education    
Election    
Energy, Utilities and Telecommunications    
Environmental Protection    
Handicapped and Disabled    
Health    
Highway Safety & Motor Vehicles    
Housing    
Human Rights    
Juvenile Justice    
Labor    
Local Government & Rural Affairs    
Mental Hygiene    
New York City    
Professions    
Racing and Wagering    
Real Property Tax    
Social Services    
State Governmental Operations    
Tax & Finance    
Transportation    
Veterans, Homeland Security & Military Affairs    


 

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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Revised: May 25, 2008 .