2008-2009 LGRMIF Grant Applications:

I know that many of you are wondering about the status of your 2008-2009 grant application. Here is where we are now: The first step in the review process, the formal evaluation by outside reviewers and staff members, was recently completed. All reviewers had to evaluate and score each proposal assigned to them and return it to the State Archives by April 18th. This information is now being compiled and shared with the other Members of each panel. Those panels, which are organized by grant category, meet on May 14th to make final recommendations on funding to be forwarded to the Commissioner of Education, who by state law authorizes all grant awards.

Applicants whose proposals were not funded will be notified in early June so, if you do not receive one of these letters, you know that your proposal will receive at least some funding, but not how much. Final award letters are due to be sent out by the end of June, if the awards have also been approved by the Division of the Budget and the Office of the State Comptroller. As many of you know from past experience, these additional approvals sometimes require more
time. Although time-consuming, our process goes to great lengths to be fair, impartial and to make the best possible use of available grant funds.

Workshops:

(Please note that workshops have been scheduled beginning March 2008 through July 2008. While the post-April workshops are listed here for your information, please hold off sending in your registrations because our newly-updated registration module can only accept registrations through June)

"All workshops are open to all who are interested in attending. To register, go to and click on "Workshops" on the left. Send Miki Torres an e-mail with your name, affiliation, phone number, and email address with the title and date of the workshop. We will contact you to confirm and complete the registration. Directions will be sent in the mail within a week of the workshop date. Contact <ARCHTRAIN@mail.nysed.gov> if you have questions about our workshops. Stay tuned for the full spring workshop schedule coming to our website in March 2008."

Disaster Planning & Response for Records Management Wednesday, May 21, 2008 from 9 AM to 1PM at 55 Hanson Place, 1st Floor Conference Room,
Brooklyn, NY. Disasters are all too common in New York State. Each year, records are damaged and information is lost as a result of floods, arson, fires, collapsed roofs, or computer viruses. This workshop will focus on:

• How to analyze your organization’s risk of experiencing a disaster
• How to reduce the chances that a disaster will destroy your records
• How to prepare your organization for a disaster
• How to respond to a disaster safely and effectively

Conducting a Needs Assessment or Business Process Analysis Thursday, June 19, 2008 from 9 AM to 1 PM at 55 Hanson Place, Room 346, Brooklyn, NY. A successful records management program functions under the well-founded belief that strong controls, if thoughtfully designed, can save money and time. One of the essential controls is careful planning of any system prior to implementation. This workshop will focus on the necessary steps to establish any new records management system, from inactive storage facilities to complex electronic recordkeeping systems. Issues to be examined include:

• The difference between a needs assessment and a business process analysis (BPA)
• How to decide whether to do a needs assessment or a BPA, and when
• The essential principles behind both needs assessments and BPA’s
• Steps to follow when conducting a needs assessment or BPA
• Steps to follow to implement the changes recommended by a needs assessment or BPA

Managing Maps & Plans Wednesday, July 16, from 9 AM to 1 PM at MTA: Office of the Inspector General, 111 West 40th Street, 5th Floor Conference Room
Manhattan, NY. Many organizations have difficulty dealing with large-format records, such as maps and architectural plans. The storage and retrieval of these records can be very difficult, yet many of them have long retention periods and are essential to the management of the organization. This workshop will focus on:

• Analysis of issues involving the management of maps and plans
• Solutions to common problems associated with these records
• Storage techniques; ways to improve access and retrieval; and preservation

11th Annual NYC FOIL Session: Robert Freeman, Executive Director of the Committee on Open Government, New York State Department of State, and well-known Freedom of Information Legislation (FOIL) expert, will conduct the session on Monday, June 23rd, from 1 to 4 PM at the conference room of the New York City Economic Development Corporation, 110 William Street, 4th floor, Manhattan.

I highly recommend that Records Management Officers and FOIL Officers attend the FOIL sessions because FOIL and records management issues are frequently very closely related. Response to FOIL requests requires efficient access to the records requested. Further, New York State FOIL legislation requires that agencies maintain a “FOIL listing” of records; the records retention and disposition schedules that the Records Management Officer is required to work with can easily serve this requirement.

News from the State Archives:
State Archives Supports 2008 MayDay Initiative: The New York State Archives supports the preservation community’s MayDay Call to Action. In 2006 the Society of American Archivists established this annual event to help remind institutions – and individuals – to develop and update our emergency preparedness plans.
We urge families to:
• Begin developing an emergency plan. Your family may not be together should disaster strike, so plan how you would contact one another.

• Conduct a drill to ensure that everyone understands the plan.
• Make sure that there are sufficient supplies on hand for emergencies: food, water, bedding; batteries, self-powered lights and radios; spare batteries.
For your personal family collections:
• Consider which items have the greatest value, either monetary or sentimental.
• Which of these may have been stored in a basement vulnerable to seasonal flooding, or in a rented storage unit? Are there alternatives available?
• Consider storing your precious items in boxes, a simple step which can provide a good measure of protection.
Many additional measures are suggested at SAA’s web site www.archivists.org/mayday/. And for the Council of State Archivists’ excellent manual entitled “Rescuing Family Records: A Disaster Planning Guide”, see this website http://www.statearchivists.org/prepare/families.htm
After Hurricanes Katrina, Wilma, and Rita and our own recent regional flooding and ice storms, we know we must be ready for the unexpected. Please join the State Archives in taking just one or two steps to better protect ourselves and our personal collections.

New York City Records Management Conference
New York City Records Managers Brown Bag Lunches: In keeping with the city-wide philosophy that directs the work currently managed by Fred Grevin at the New York City Department of Records, I am very pleased to announce a related project. You are all invited to Brown Bag Lunches to be held at 31 Chambers Street, Room 209 on a monthly basis. You bring your own lunch and we will either focus on a specific topic (such as the current draft e-mail guidelines the State Archives is developing) or any other topic or speaker. This is a wide-open opportunity to bring your ideas, experiences, questions, etc. to a welcoming forum where we all share dialogue.

Miki will send out the first notices – hopefully within the next few weeks – to invite you to the first session. Anyone with questions, ideas, etc., etc., and so forth (as the Yul Brenner used to say in that wonderful film, The King & I) please do not hesitate to contact Brenda or Miki.

Preserving the American Historical Record needs your help! The Partnership for the American Historical Record Task Force is seeking calls and letters to members of the House of Representatives to urge them to sign on to the “Preserving the American Historical
Record” legislation, which will be introduced soon by Congressman
Maurice Hinchey (D-NY, 22nd district). The Congressman would like to
have as many co-sponsors as possible before introducing the bill.
Current sponsors are: Jerrold Nadler (D-NY 8th), John McHugh (R- NY
23rd), Sanford Bishop (D-GA 2nd), Carolyn Maloney (D-NY 14th), and
Edolphus Towns (D-NY 10th).

This legislation is essential to the continued funding of the many cultural and historical programs that enrich our cultural heritage.

It is critical that we work now to enlist as many Members of Congress
as possible to sign on to the bill - and that the co-sponsors represent
a diversity of states and both parties. (The current list of sponsors
is heavily weighted to the East Coast and the Democratic party.)

It is essential that House members know that this bill is of concern to
their constituents so that they WILL sign on. Your efforts will ensure
that your Congressperson has this bill on his or her “radar.”

Here’s how you can help:

Contact the members of Congress who represent your region and tell them
how important this bill will be to your state. Please encourage others
to do so as well. Genealogists, local government officials, researchers
of all kinds, teachers, veterans, and even your favorite aunt can make
the case.

To facilitate this, we have posted a number of items on the Web at www.archivists.org/pahr

Resources
NEDCC ANNOUNCES PRESERVATION 101 - THE NEW ONLINE PRESERVATION COURSE: THE NORTHEAST DOCUMENT CONSERVATION CENTER (NEDCC) is proud to offer
PRESERVATION 101, a free, comprehensive, self-paced online course on
The preservation of paper collections and related formats.

THE COURSE IS ACCESSIBLE FREE OF CHARGE at www.preservation101.org, and is intended to benefit professionals who are responsible for the preservation of library and archival materials. Participants will learn how to put preservation basics to work in the context of small and moderately- sized collections - how to identify deteriorated materials, how to care for collections, and how to set priorities for preservation.

THE NORTHEAST DOCUMENT CONSERVATION CENTER is a nonprofit, regional conservation center specializing in the preservation and conservation of paper-based materials for libraries, archives, museums, and other collections-holding institutions.

For more information about NEDCC and its extensive online resources on
preservation, visit: www.nedcc.org

Professional Organizations

Archivists Round Table of Metropolitan New York: April meeting not yet listed. For information go to http://www.nycarchivists.org

ARMA, NYC Metro Chapter ARMA, NYC Metro Chapter’s next meeting will be on Wednesday, May 14th, from 5:30 to 8 PM at the Harvard Club, 35 West 44th Street, Manhattan. The speaker, Don Oppenheimer, will trace of evolution of records management from the days of “hard copy” through today’s collaborative workspace. You will take away a better understanding of the value of Wiki’s, Blogs, and Web 2.0 technology. For more information contact Frank LaSorsa at flasorsa@kelleydrye.com

News for Educators
Curate Your Own Exhibition at The New York Public Library, July 22 – July 25, 2008:

Learning at the Library, K-12 education outreach at the New York Public Library, will be offering $1,000 stipends to eight New York City area K-12 teachers to curate online exhibitions this summer, using materials from the NYPL Digital Gallery. Working with NYPL staff, educators will select images and research and create their own exhibitions. Participants will use a web-based publishing system to mount their exhibitions.

This work will unfold over the course of a week-long residency from July 22 – July 25, 2008. A portion of this time will be devoted to curator talks, collection visits and hands-on training for

teachers on conducting research in the Library. During the remainder of the time, participants will have the free use of our computer classrooms. Library staff will be available for consultation during this time for research assistance. Participants are also welcome to conduct research at any one of the four Research Libraries – The Humanities and Social Sciences Library, the Library for the Performing Arts, the Schomburg Center for Research in Black Culture, and the Sciences, Industry and Business Library. The week will culminate with a presentation of individual exhibitions on Friday.

The guidelines for the exhibition are as follows. The show must:
Incorporate at least forty items, each with museum labels of approximately two hundred words,
Contextualize the forty items with museum or chat labels of at least five hundred words,
Be supported with at least three pages (one thousand words) of support our guide copy, and
Support some aspect of the New York State Learning Standards.

We also hope that this seminar will be a starting point for participants’ future research; that participating teachers will continue to use our collections and these projects to spawn new work, and that participants will continue to call upon the Library and our staff throughout their teaching career.

To apply, please send an informal, one-page proposal including your contact information, position, school and topic by Friday, May 30 at 5:00 PM to Samantha Seeley, Education Outreach Assistant, The Research Libraries, Fifth Avenue and 42nd Street, New York, NY 10018. (212) 930-0086

Stay tooned!

Anyone wishing further information – you know where to find us!

718-923-4300 bparnes@mail.nysed.gov for Brenda
718-923-4301 mtorres@mail.nysed.gov For Miki

New York State Archives Web Site: http://www.archives.nysed.gov
Archives Partnership Trust Web Site: http://www.nysarchives.org

Download Your Free Screensaver from the Archives: Enjoy historic images from the Archives’ outstanding collection of photographs. Go to: http://www.nysarchives.org/g/screensaver/index.shtml

Specialized Cyberspace and Technology Programming
Sponsored by: Committee on Cyberspace Law

Web 2.0: Wikis, Blogs, Mash-Ups and Avatars; or, The Explosion of User Generated Content and the Legal Challenges That Arise -

Data Security Breach Incidents: The Law in the E.U., U.S. and Globally and How Businesses Should Prepare for the Crisis -

Committee Forum: The Internet Governance Forum of the United Nations - Implications for Business and the Future of the Internet -

For more information click on Conference Website

Careers
How Rookie Lawyers Can Avoid Big Mistakes
May 8, 2008, 06:48 am CDT
"Most new lawyers make some mistakes, but some are worse than others, such as throwing huge tantrums, hiding errors and sending flaming e-mails. Steven Bennett, a partner at Jones Day and the author of The Path to Partnership, offers advice"

Personal Lives
'Totally Driven' Lawyer's Suicide a Wake-Up Call for Others
May 5, 2008, 03:45 pm CDT

Legal Ethics
Accused of Padding Timesheets, N.Y. Lawyer Quits Part-Time Job & Law Firm
May 5, 2008, 02:35 pm CDT

Legal Ethics
'Pants Suit' Judge Back in Court, Now Suing for Job and $1 Million
May 6, 2008, 06:51 pm CDT

Criminal Justice
Prominent London Lawyer Killed in Police Shootout
May 7, 2008, 11:26 am CDT

Law Firms
Firms Err When They Treat Pregnant Lawyers 'as Bellies,' Lawyer Says
May 7, 2008, 06:55 am CDT

Legal Ethics
Phila. Judge Booted from Bench Over 24-Year-Old Use of Bogus SS#
May 6, 2008, 06:00 pm CDT

Intellectual Property Law
Magazine Compiles Top 50 List of Young IP Lawyers
May 6, 2008, 07:12 am CDT

Law Firms
Cadwalader Shrinks Summer Associate Program
May 5, 2008, 07:25 am CDT

Labor & Employment
Lawyers Drugged at Bingham Events, Ex-Associate Says
May 8, 2008, 12:08 pm CDT

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING

US v. Desinor, No. 05-4500, 05-5907, 06-2256

"In a prosecution of multiple defendants for various drug-related offenses, their convictions are affirmed where: 1) defendants were not entitled to a jury charge on self-defense; 2) there was no error in a jury charge regarding the nexus between the drug conspiracy and the murder of a rival gang member; and 3) the evidence was sufficient to prove the existence of that nexus beyond a reasonable doubt. However, the sentence of one co-defendant is partially vacated and remanded where the district court imposed a consecutive sentence on that defendant for discharging a firearm without making the requisite finding of discharge"

CIVIL PROCEDURE, CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS

Thompson v. Choinski, No. 04-5079

"Dismissal of a habeas petition is affirmed in part and vacated in part where: 1) insofar as the petition challenged the conviction, it was a "second or successive motion" which did not satisfy the requirements for such a motion under 28 U.S.C. section 2255; 2) claims protesting conditions of confinement imposed by a state facility became moot when petitioner was transferred back to a federal prison; but 3) the district court erroneously dismissed claims protesting the federally imposed conditions of confinement based on petitioner's failure to exhaust state remedies and for other perceived defects in pleading."

CIVIL PROCEDURE, IMMIGRATION LAW

Dedji v. Mukasey, No. 05-5414

"An IJ has broad discretion, in the management of his docket, to enforce deadlines established by local rules, and to deviate from the local rules where: 1) petitioner has demonstrated good cause for the delay; and 2) substantial prejudice would likely result from the enforcement of the deadline. Further, abuse of discretion is the proper standard to apply in reviewing an IJ's decision to establish and enforce filing deadlines for submission of documents."

FROM: InsiderCounsel Magazine April 2008 Issue

Excerpt:

"Many lawyers believe the nature of their profession necessitates the hoarding of paper—a lot of paper—a misconception that through time has made them the enemy of tree"...

"Thanks to the advent of certain technologies, in-house counsel don’t have to be paper packrats anymore. Document imaging, e-billing software and matter-management systems have become much more commonplace in the corporate environment, and all help lawyers reduce their carbon footprint. This helps save the environment and also save on costs. "...

“ 'What I find most striking is that the most expensive course a law department can take is printing everything and being paper-centric,” says Ross Kodner, president of MicroLaw, a legal technology consultancy. “Focusing on building electronic case and matter files actually yields the least expensive operating approach, not to mention the inherent greenness. It just makes sense from all perspectives.' ”

To read the entire article click here.

Index to Slip Opinions Released May 8, 2008

Slip Opinions Released on May 8, 2008

People v. Ronald Moye

:Index to Slip Opinions May 6, 2008

Slip Opinions May 6, 2008

Joe Avins, etc et.al. v. Federal Employment Guidance Services, Inc., et.al.

Registration Deadline: June 30, 2008

Law librarians in the early stages of their careers can get ahead in the profession by attending the first AALL Leadership Academy, October 3-4, 2008.

Train for leadership roles by acquiring both the self-awareness and strategies you need to merge as a leader within your organization and the profession. Academy participants will use self assessment tools, group exercises, case studies, and skill practice to develop eight key signatures of leadership. You Will Gain Key Leadership Strategies:

Identify and capitalize on your unique strengths while understanding how they may differ from others on your team.

Frame productive questions to understand your role in your workplace and the profession.

Expand your capacity for strategic thinking and decision mapping.

Increase your visibility, using meetings, speeches, and memos to show the value you bring to your organization.

Learn to work effectively with varied personalities and bridge generations.

Grow your capacity for creativity, innovation, and fresh ideas.

Build trust by translating your values into a vision for your leadership and organization.

Enhance your ability to embrace change.

Faculty:

The program will feature speaker Dr. Barbara Mackoff, leadership educator and widely-acclaimed expert in understanding the way leaders think. She is the author of five books, has been featured on "The Today Show" and "All Things Considered," as well as in The New York Times, USA Today, and the Washington Post, and was a keynote speaker for the Special Libraries Association.

Application and Selection

The academy application process is open to AALL members. Applications are accepted May 1-June 30, and 35 fellows will be selected and notified by mid-August. Applications will be accepted online and a link to the application will be available on this page beginning May 1. Interested applicants will be asked to outline professional experience, explain career/professional goals and give detail about participation and service to the profession.

Interested applicants should seek to obtain two professional recommendations (at least one from someone in a supervisory or managerial role). Please request your recommendations be sent to AALL Education Manager Celeste R. Smith at csmith@aall.org.

Selected fellows will participate in pre-engagement exercises, have an opportunity to obtain a mentor, and receive ongoing leadership development opportunities.

The cost of attendance will be $150.00. It will cover two nights of hotel, meals and academy materials. Fellows are responsible for covering transportation.

We would like to thank BNA for its sponsorship of the AALL Leadership Academy.

Corporate and Securities:

Say-on-Pay: Solution or Bigger Problem? : May 22

ETFs — Changes in the Regulatory Landscape : May 28

Corporate Compliance - May

PLI/Ethisphere Compliance Series: Global Perspectives on FCPA: South America : May 21

Employment Briefings - May

Sarbanes-Oxley Whistleblower Law: Significant Developments and Analysis of Trends : May 19

Green Law Briefings - May

Trading Carbon Credits in the EU: What U.S. Companies Need to Know : May 20


Privacy Briefings - May

Testing the Privacy Impact of Marketing Initiatives Before Going Live : May 12

For additional information regarding course descriptions and registration, click here.

CRIMINAL LAW & PROCEDURE, SENTENCING, WHITE COLLAR CRIME

US v. Eberhard, No. 05-3431, 05-5248, 06-2913

"Conviction, sentence, and restitution ordered against defendant for conspiracy, investment advisor fraud, mail and wire fraud, and obstruction of justice, are affirmed over defendant's claims that: 1) application of newly-enacted 18 U.S.C. section 3771(a) was unconstitutional as applied to him under the Ex Post Facto and Due Process clauses; 2) the record did not support a four-level role enhancement under the sentencing guidelines; and 3) his sentence was substantively unreasonable in light of a probation office's recommended terms."

For those who have not visited us, the New York Supreme Court Criminal Term Library of New York County (sometimes referred to as the New York Criminal Law Library) is located in lower Manhattan near the Brooklyn Bridge, City Hall, and State and Federal courthouses. Like other Supreme Court libraries located throughout the State of New York, it operates under the
auspices of the New York Unified Court System and participates in the various state-wide initiatives sponsored by the OCA Office of Legal Information.

Although the primary focus of this library is to provide reference and research support to personnel of the Criminal Term, its actual responsibilities and obligations are quite broad. Using its various collections in all formats, including digital, in conjunction with various web and online services, including a website and a weblog, this library functions as both an information repository and an information service. These resources and services enable it to reach out to patrons both local and worldwide, as time and resources permit. Part of the library's responsibility is to provide support as needed and operational oversight to the New York County Public Access Law Library, which is charged with serving those members of the public who need law-related information.

In order to discharge these responsibilities with limited staff, it has been necessary for the library to work cooperatively with library consortia and other groups to provide the added resources and services required to maintain an acceptable level of service. One of the organizations that has been especially helpful to us is the Metropolitan New York Library Council (METRO). The library has been a member of METRO since 1981. It was through METRO that we first learned of QuestionPoint and were invited to participate in a 2002 pilot project. With some initial apprehension we accepted the offer and became an active participant in the latter part of that year. The New York County Public Access Access Law Library has also been very helpful in enabling this library to maintain an acceptable level of web based reference services. Since may of our QuestionPoint users are public patrons a majority of those questions are now handled by that library; Theodore Pollack, the Senior Law Librarian at the Public Access Library also serves as my backup administrator for QuestionPoint. We are grateful for the assistance of Ted and his staff in helping support this effort.

Despite some initial reservations that we might not be able to keep up with expectations and workflow, the use of QuestionPoint has been quite successful for us. It serves as a useful and important adjunct to our other web based services in both reaching out to our patrons and through its referral features. It enables us to augment our resources in ways otherwise impossible. For example on more than one occasion we have used QuestionPoint to search worldwide for materials that would otherwise have been unobtainable. In order to make it work for us, however, we have needed to avoid some of the features that are essential to others. We do not use chat or any form of instant messaging because we simply do not have the appropriate staff resources to make this work satisfactorily for us. We have not, however, found the lack of chat a limitation at all.

Over the past few years many libraries, including this one, have been involved in lively discussions as to how best to respond to demands for digitized information which can be retrieved at any time from a variety of devices, both stationary and mobile. After some experimentation, our response has included the use of blogging technology coupled with rss feeds. In 2004 we introduced the New York Supreme Court Criminal Term Library blog powered by Bloglines, http://www.bloglines.com/blog/pll . It incorporates many features including a link to our QuestionPoint form for submitting reference questions, RSS feeds, and the capability of storing online reference, legislative, and other information useful to patrons. This blog based outreach service also serves as a vehicle for sending New York Legislative Activity Reports, updated information regarding appellate court criminal decisions originating from this court, and other relevant updated information directly to the work stations of judges and judicial staff on a regular, ongoing basis. It is popular with both court personnel and public users and remains our most effective outreach service on the web. As of April 29, 2008 it is visited by an average of 153 patrons per day and 1,069 per week. We obtain this and additional statistical information through special software designed to collect statistical information regarding website use. Reports are sent to me weekly.

Although the New York Supreme Court Criminal Term blog remains both useful and popular, we have found it necessary to also create a new blog, www.criminallawlibraryblog.com, to take advantage of added features which cannot be incorporated effectively into the original blog. For example, the new blog includes both a QuestionPoint form for submitting questions and a direct link to the public portion of the QuestionPoint knowledgbase. Using this feature, users are able to type in key words which will in turn retrieve questions/answers in the knowledgbase which correspond to their queries. The global knowledgbase feature is located near the upper left part of the screen of our newest blog. This particularly innovative feature has been developed and included as a direct result of the inspiring online QuestionPoint presentation this summer by Peter Armenti of the Digital Reference Team at the Library of Congress. This blog also includes the capability for uploading documents not currently on the web, a useful feature not included in the original blog. Finally, the Criminal Law Library Blog has substantially greater search capabilities. In order to adequately describe the added features included in the Criminal Law Library Blog, we are calling it an "added value blog."

We are encouraged by the positive responses from library patrons both inside and outside the courts to these services. These responses along with statistics gathered and staff observations demonstrate that by introducing these initiatives along with others sponsored by the Office of Legal Information, the library has been able to meet reference, research, and access needs of patrons far more effectively than in the past. Our hope is to be able to continue developing web based services and to work together with others to improve access and services for all of our libraries. Recently I have taken classes offered by the Unified Court System in the setting up and use of WIKI's, preparing and tabulating web based surveys, aa well training in the development of public access applications using specialized web based software. Only time will tell if we are able to inplement additional services using these applications.
_____________________________________
*This posting is based on an article recently prepared for publication in a future issue of Pro Se the newsletter of the New York State Unified Court Law Libraries Association.

Data in the report is based on a survey of 75 academic, public and special libraries.. Librarians detail their plans on how they plan to develop their e-book collections, what they think of e-book readers and software, and which e-book aggregators and publishers appeal to them most and why. Other issues covered include: library production of e-books and collection digitization, e-book collection information literacy efforts, use of e-books in course reserves and inter-library loan, e-book pricing and inflation issues, acquisition sources and strategies for e-books and other issues of concern to libraries and book publishers.

Some of the findings of the 110 page report are:

• Libraries in the sample expected to renew over 77% of their current contracts.

• Well over 81% of the sample cataloged their e-book collection and listed it in their online library catalog.

• E-book spending by libraries is growing rapidly in 2008 but by significantly less than in 2007.

• For the most part, librarians in the sample felt that their patrons were less skilled in using e-book collections than they were in using databases of magazine, newspaper and journal articles.

• The libraries in the sample had MARC records for a mean of approximately 74% of the e-books in their collections.

• Many libraries reported significant use of electronic directories. 12.5% reported extensive use and 30% said that use was significant. The larger libraries reported the heaviest use.

• Use of e-books in the hard sciences was particularly high. More than 30% of participants said that use of e-books in the hard sciences (defined as chemistry, physics and biology) was quite extensive and another 26% noted significant use.

• Libraries in the sample maintained a print version for a mean of 24% of the e-books in their e-book collections.

• Nearly 21% of the libraries in our sample have digitized out-of-copyright books in their collections in order to make their contents more available to their patrons.

• E-books account for only about 3.9% of the books on course reserve, with a minimum of 0 to a maximum of 30%.

• Nearly 70% of the sample’s total spending on e-books was with aggregators, while just over 24.6% of the total spending was spent with individual publishers.

Data is broken out by library budget size, for US and non-US libraries and for academic and non-academic libraries. The report presents more than 300 tables of data on e-book use by libraries, as well as analysis and commentary.

For further information view our website at www.PrimaryResearch.com.
____________________________________
*It would be interesting to know how many, if any, of the respondents to this Survey were law libraries. While doing some work in related legal reference information in digital formats, I was suprised at how few references I found which mentioned e-books.
David Badertscher

DayBreak Report: Chapter Law List Run Date: 05/04/08 10:22 PM

Chapter Bill No.:

1. S6422 NOZZOLIO -- Relates to the confinement conditions and treatment of convicted persons with serious mental illness; repealer
BLURB : Cor. confinement of mentally ill
Chapter Signed Date Effective Date
1 01/28/2008 provided that:
(a) §§1, 2, 3, 4 and 5 and subds 2 and 3 of §401-a of the correction law as added by §6 shall take effect two years after the date that the commissioner of correctional services certifies to the legislative bill drafting commission that the first residential mental health unit constructed by the department of correctional services is completed and ready to receive inmates, provided, however that such sections shall take effect no later than 7/1/2011;
(b) §§6 and 7 shall take effect 7/1/2008; and
(c) the commissioner of mental health and the commissioner of correctional services are immediately authorized to promulgate rules and regulations necessary to implement the provisions of this act on their respective effective dates

Last Act: 01/28/08 SIGNED CHAP.1
01/28/08 APPROVAL MEMO.1

2 S6423A NOZZOLIO -- Exempts county jails from the requirement to divert inmates with serious mental illness to a residential mental health treatment unit
BLURB : Cor. county jail: mentally ill
Chapter Signed Date Effective Date
2 01/28/2008 takes effect on the same date and in the same manner as §4 of chapter 1/2008, amending the correction law and the mental hygiene law relating to confinement conditions and treatment of convicted persons with serious mental illness, as proposed in legislative bills numbers S.6422 and A.9342, takes effect
Last Act: 01/28/08 SIGNED CHAP.2

3 S6477 PADAVAN -- Relates to distributing unsolicited advertising on private property in cities with a population of one million or more
BLURB : Gen Bus L. unsolicited advertisng
Chapter Signed Date Effective Date
3 01/28/2008 provided that §1 shall take effect on (11/13/2007) the same date and in the same manner as chapter 585/2007, takes effect
Last Act: 01/28/08 SIGNED CHAP.3

4 S6487B MAZIARZ -- Relates to a review of the condition of cafeterias in school districts of N.Y. city; repealer
BLURB : Lab. school cafeterias; NYC; rvw
Chapter Signed Date Effective Date
4 01/28/2008 provided that §2 shall expire 3/2/2008 when upon such date the provisions of such section shall be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.4

5 S6495 MALTESE -- Relates to provisional employees of certain public employers
BLURB : Civ Serv. provisional employees
Chapter Signed Date Effective Date
5 01/28/2008 and shall expire 12/31/2014 when upon such date the provisions of this act shall be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.5

6 S6509 LEIBELL -- Provides a real property tax exemption for Cold War veterans
BLURB : RPT L. Cold War vet; exempt
Chapter Signed Date Effective Date
6 01/28/2008 takes effect on (1/03/2008) the same date and in the same manner as chapter 655/2007, takes effect
Last Act: 01/28/08 SIGNED CHAP.6

7 A8582A Alessi (MS) -- Relates to the prevailing wage paid by individuals who are awarded public works contracts
BLURB : Lab. prevailing wage
Chapter Signed Date Effective Date
7 01/28/2008 takes effect on (4/27/08) the ninetieth day after it shall have become a law
Last Act: 01/28/08 signed chap.7
01/28/08 approval memo.2

8 S6519A FLANAGAN -- Relates to guaranteeing payment of prevailing wages to the workers of New York state; repealer
BLURB : Lab. prevailing wages for workers
Chapter Signed Date Effective Date
8 01/28/2008 takes effect on (4/27/08) the same date and in the same manner as a chapter of the laws of 2007 (became Ch. 7/08), amending the labor law and the general municipal law relating to guaranteeing payment of prevailing wages to the workers of New York state, as proposed in legislative bills numbers S. 5506-A and A. 8582-A, takes effect; provided that the amendments to subpars (iii) and (iv) of par a of subd 3-a of §220 of the labor law made by §3-a shall take effect on (2/24/08) the same date and in the same manner as chapter 629/2007, takes effect, when upon such date the provisions of §3 shall expire and be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.8
01/28/08 APPROVAL MEMO.2

9 S6549 FUSCHILLO -- Relates to special academic grants to the Roosevelt Union Free school district; makes an appropriation to defray the deficit of such school district
BLURB : ED L. Roosevelt UFSD; grants
Chapter Signed Date Effective Date
9 01/28/2008 01/28/2008
Last Act: 01/28/08 SIGNED CHAP.9

10 S6773 ROBACH -- Relates to compensation benefits and other terms and conditions of employment of certain state officers state officers and employees; repealer;appropriation
BLURB : Civ Serv. comp benefits
Chapter Signed Date Effective Date
10 01/28/2008 provided that the applicable effective date for Parts A through B shall be as specifically set forth in the last section of such Part
PART A
§ 27. immediately and shall be deemed to have been in full force and effect on and after 4/2/2007. Appropriations made by this act shall remain in full force and effect for liabilities incurred through 3/31/2009
PART B
§18. immediately and shall be deemed to have been in full force and effect on and after 4/1/2007. Appropriations made by this act shall remain in full force and effect for liabilities incurred through 3/31/2009
Last Act: 01/28/08 SIGNED CHAP.10

11 A9817 John -- Relates to rates for workers' compensation insurance and sets forth conditions for a workers' compensation rate service organization; repealer
BLURB : Work C. workers' comp rate servc
Chapter Signed Date Effective Date
11 01/28/2008 takes effect 2/1/2008; provided that the amendments to par 2 of sub§ (a) of §2316 of the insurance law made by §11 shall take effect on the same date that §68 of chapter 6/2007 takes effect; provided that the amendments to §2316 of the insurance law made by §11 shall not affect the expiration of such section pursuant to §2342 of the insurance law and shall be deemed expired therewith; and provided that §10 shall expire and be deemed repealed 6/2/2013.
Last Act: 01/31/08 signed chap.11

12 A9551A Towns (MS) -- Relates to extending the provisions of chapter 591 of 2001 relating to limiting the check cashing exemption for national banks
BLURB : Banking; extd 591/01; check cash
Chapter Signed Date Effective Date
12 02/11/2008 02/11/2008
Last Act: 02/11/08 signed chap.12
02/11/08 approval memo.3

13 A9650 Schimminger (MS) -- Extends the sales and compensating use tax for the county of Erie until November 30, 2010
BLURB : Tax. Erie county sales tx; extndr
Chapter Signed Date Effective Date
13 02/11/2008 02/11/2008
Last Act: 02/11/08 signed chap.13

14 S5978A LIBOUS -- Extends provisions relating to rental vehicle provisions
BLURB : Motov extnds rentl vehcl provis
Chapter Signed Date Effective Date
14 02/19/2008 02/19/2008
Last Act: 02/19/08 SIGNED CHAP.14

15 S6446A GOLDEN -- Makes certain corrections relating to substantial government assistance, continued affordability, and certain other areas relating to real property
BLURB : RPT L. real property ch amendment
Chapter Signed Date Effective Date
15 02/19/2008 provided that §§ 1, 5 and 7 shall be deemed to have been in full force and effect on (8/17/07) the same date and in the same manner as ch 619/2007 took effect; and provided that §§ 2, 3, 4, 6 and 8 shall be deemed to have been in full force and effect on (8/17/07) the same date and in the same manner as ch 618/2007 took effect
Last Act: 02/19/08 SIGNED CHAP.15

16 A9340A Aubry -- Makes a technical amendment relating to the probation detainer warrant pilot program
BLURB : CP L. detainer warrant pilot: cor
Chapter Signed Date Effective Date
16 02/19/2008 provided that the amendments to subd 2 of § 410.92 of the criminal procedure law made by § 1 shall not affect the repeal of such subdivision and shall be deemed to be repealed therewith
Last Act: 02/19/08 signed chap.16

17 A9443 Bradley -- Relates to the tax on real estate transfers in towns
BLURB : Tax. real estate trnsfrs in towns
Chapter Signed Date Effective Date
17 02/19/2008 takes effect on (1/1/08) the same date and in the same manner as ch 596/2007, takes effect
Last Act: 02/19/08 signed chap.17

18 A9998 Pretlow (MS) -- Relates to racing corporations and associations; simulcasting and imposition of certain taxes
BLURB : RWB. racing corporations
Chapter Signed Date Effective Date
18 02/19/2008 provided, that §§ 14 and 16 shall take effect on the same date as the non-profit racing association known as The New York Racing Association, Inc.'s confirmation of a plan of reorganization in the pending
bankruptcy proceeding in the Southern District of New York; provided that the franchise oversight board shall notify the legislative bill drafting commission upon the occurrence of such confirmation of such plan of reorganization in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of § 44 of the legislative law and § 70-b of the public officers law; provided that the amendments to § 208-b of the racing, pari-mutuel wagering and breeding law made by § 16 shall be repealed on the same date as such section is repealed pursuant to ch 354/2005, as amended; provided that the amendments to para b of subd 3 of §527 of the racing, pari-mutuel wagering and breeding law made by § 69 shall not affect the expiration of such subdivision and shall be deemed to expire therewith; and provided the amendments to § 909 of the racing, pari-mutuel wagering and breeding law made by § 82 shall not affect the repeal of such section and shall be deemed to be repealed therewith; provided that the amendments to § 912 of the racing, pari-mutuel wagering and breeding law made by § 85 shall not affect the expiration and repeal of such section and shall be deemed to expire therewith; provided that the amendments to § 1012 of the racing, pari-mutuel wagering and breeding law made by § 93 shall not affect the expiration of such section and shall be deemed to expire therewith; provided that §101 shall take effect 4/1/2008; provided that at the conclusion of each twelve month interval following the effective date of § 101, the lottery division shall make a report to the governor and legislature assessing the impact of the redistribution of video gaming machine revenues as provided for in this act with special attention to evaluating the effects on funding education aid, and making such recommendations as such lottery division analysts believe may enhance the revenue production in support of education from the conduct of video gaming; and §102-a shall take effect on (1/1/09) the first of January next succeeding the date on which it shall have become a law; and the amendments to § 1617-a of the tax law, made by §102, shall not affect the repeal of such section and shall be deemed repealed therewith
Last Act: 02/19/08 signed chap.18

19 A9820 Abbate (MS) -- Establishes retirement programs to permit members of the New York city teachers' retirement system and certain others to retire early without a reduction
BLURB : R & SS. nyc tchrs retire incntve
Chapter Signed Date Effective Date
19 02/27/2008 provided that:
(a) the amendments to §§ 603 and 613 of the retirement and social security law made by §§3, 3-a, 4 and 6 and the provisions of §5 adding §604-i to the retirement and social security law shall not affect the expiration of and shall expire on the same date as article 15 of such law, pursuant to §615 of the retirement and social security law;
(b) the amendments to subd a of §603 of the retirement and social security law made by §3 shall be subject to the expiration and reversion of such subdivision pursuant to §13 of chapter 682/2003, as amended, when upon such date the provisions of §3-a shall take effect;
(c) the provisions of §§6, 7, 8, 9, 10, 11, 12 and 13 shall remain in force and effect only so long as, pursuant to federal law, contributions picked up under such sections are not includible as gross income of a member for federal income tax purposes until distributed or made available to the member;
(d) the amendments to §13-521.1 of the administrative code of the city of New York made by §§7, 8, 9 and the amendments made to subd 19 of §2575 of the education law made by §§10, 11, 12 and 13 shall not affect the expiration of such provisions as provided for in chapter 681/1992, as amended; and
(e) the amendments to subd d of §613 of the retirement and social security law made by §6 shall not affect the expiration of such subdivision and shall be deemed to expire therewith
Last Act: 02/27/08 signed chap.19
02/27/08 approval memo.4

20 S6421A LIBOUS -- Relates to occupants of school buses between four and seven years of age
BLURB : V & T L. schl bus; 4 to 7 yr olds
Chapter Signed Date Effective Date
20 03/04/2008 takes effect on (11/1/07) the same date as chapter 241/2007 took effect
Last Act: 03/04/08 SIGNED CHAP.20

21 A6344B Gunther (MS) -- Requires policy holders to be provided with an annual notice that their policy does not cover damage caused by flooding or mudslides
BLURB : Ins. flood insurance annual notic
Chapter Signed Date Effective Date
21 03/04/2008 takes effect on (8/31/08) the one hundred eightieth day after it shall have become a law
Last Act: 03/04/08 signed chap.21

22 A8813A Weprin -- Enacts the fraternal benefit society modernization act of 2008
BLURB : Ins. fraternal beneft soc moderni
Chapter Signed Date Effective Date
22 03/04/2008 03/04/2008
Last Act: 03/04/08 signed chap.22

23 A8925 Cahill -- Relates to adding the Esopus creek to the list of state creeks
BLURB : Exec. Esopus creek added
Chapter Signed Date Effective Date
23 03/04/2008 03/04/2008
Last Act: 03/04/08 signed chap.23

24 A9357A Ortiz -- Chapter amends S. 6159-A and A. 9191, relating to residential services for the treatment of eating disorders; repealer
BLURB : Pub Heal. residential: eating dis
Chapter Signed Date Effective Date
24 03/04/2008 and shall be deemed to have been in full force and effect on (8/28/07) the same date as chapter 676/2007; provided, further that the amendments to subd 2-a of §2799-h of the public health law made by §1 shall not affect the repeal of such subdivision and shall be deemed repealed therewith
Last Act: 03/04/08 signed chap.24

25 A9419 Glick -- Provides that no person shall stun to facilitate the killing of a fur-bearing animal by means of an electrical current
BLURB : Ag & Mkts. fur-bearing animals
Chapter Signed Date Effective Date
25 03/04/2008 takes effect on (10/27/07) the same date as chapter 642/2007 takes effect
Last Act: 03/04/08 signed chap.25

26 A9462 Sweeney (MS) -- Relates to the New York invasive species council
BLURB : En Con L. NY invasve species cncl
Chapter Signed Date Effective Date
26 03/04/2008 takes effect on (12/26/07) the same date and in the same manner as chapter 674/2007, takes effect
Last Act: 03/04/08 signed chap.26

27 S4324B MAZIARZ -- Enacts the Great Lakes - St. Lawrence River Basin Water Resources Compact
BLURB : En Con L. Grt Lks/St. Law compact
Chapter Signed Date Effective Date
27 03/04/2008 except that this act shall be deemed repealed on 12/31/2011, if before such date the congress of the United States has not given its consent and approval to the Compact. This act shall be deemed repealed in the event that the Compact is terminated as provided in article 8 of the Compact
Last Act: 03/04/08 SIGNED CHAP.27

28 A9387A Destito -- Increases income eligibility levels for persons employed by Green Thumb Environmental Beautification, Incorporated
BLURB : Exec. Green Thumb; employ income
Chapter Signed Date Effective Date
28 03/17/2008 and shall apply only in the case of persons who apply for employment after such effective date
Last Act: 03/17/08 signed chap.28

29 S6404 MALTESE -- Relates to the membership of the New York city transit authority track safety task force
BLURB : Tran. nycta track safety tsk frce
Chapter Signed Date Effective Date
29 03/17/2008 takes effect on (10/1/07) the same date and in the same manner as chapter 209/2007, takes effect; provided that if this act shall become a law after such effective date, it shall take effect immediately and be deemed to have been in full force and effect on and after such effective date
Last Act: 03/17/08 SIGNED CHAP.29

30 S6447 MAZIARZ -- Clarifies state and local sales and compensating use tax exemptions applicable to city of Niagara Falls public safety and court facility project
BLURB : Niagara Falls pblc sfty/crt prjct
Chapter Signed Date Effective Date
30 03/17/2008 shall be deemed to have been in full force and effect on and after 8/1/2007 and shall apply in accordance with applicable transitional provisions in §§1106 and 1217 of the tax law
Last Act: 03/17/08 SIGNED CHAP.30

31 S6490 NOZZOLIO -- Relates to permitting employees to use leave time to donate blood
BLURB : Lab. blood donation; leave time
Chapter Signed Date Effective Date
31 03/17/2008 takes effect on (12/13/07) the same date and in the same manner as chapter 578/2007, as amended, takes effect
Last Act: 03/17/08 SIGNED CHAP.31

32 S6552 HANNON -- Adds additional members to the health research science board and provides for their appointment
BLURB : Pub Heal. research science board
Chapter Signed Date Effective Date
32 03/17/2008 and shall be deemed to have been in full force and effect on and after 8/28/2007
Last Act: 03/17/08 SIGNED CHAP.32

33 A10039 Gunther (MS) -- Increases the dollar amount of bonds which may be issued by the medical care facility finance agency
BLURB : NYS med care facil finac agency
Chapter Signed Date Effective Date
33 03/25/2008 03/25/2008
Last Act: 03/25/08 signed chap.33

34 A10199 Budget -- Deficiency budget; makes appropriations for the support of government
BLURB : Deficiency budget
Chapter Signed Date Effective Date
34 03/26/2008 and shall be deemed to have been in full force and effect on and after 4/1/2007
Last Act: 03/26/08 signed chap.34

35 A10200 Budget -- Amends chapter 57 of the laws of 2007 relating to authorizing certain payments and transfers
BLURB : Ch. 57/2007 authorize payments
Chapter Signed Date Effective Date
35 03/26/2008 and shall be deemed to have been in full force and effect on and after 4/1/2007
Last Act: 03/26/08 signed chap.35

36 A10052 Gottfried -- Extends provisions of chapter 426/1983 and 582/1984 relating to regulations of physician activities and physician misconduct proceedings
BLURB : Pub Heal. extend chap. provisions
Chapter Signed Date Effective Date
36 03/31/2008 provided however that the amendment to subpar (ii) of par (c) of subd 11 of §230 of the public health law made by §3 shall not affect the expiration of such subpar and shall be deemed to expire therewith
Last Act: 03/31/08 signed chap.36

37 A10418 Rules -- Enacts into law major components of legislation necessary to implement the state fiscal plan for the 2008-2009 state fiscal year
BLURB : Budget emergency approp art VII
Chapter Signed Date Effective Date
37 03/31/2008 shall be deemed to have been in full force and effect on and after 4/1/2008; provided that this act shall expire upon enactment of legislation constituting the 2008-2009 budget, when, upon such date, the provisions of this act shall expire and be deemed repealed
Last Act: 03/31/08 signed chap.37

38 A10419 Rules -- Makes appropriations for the support of government
BLURB : Budgbi appr.support of government
Chapter Signed Date Effective Date
38 03/31/2008 shall be deemed to have been in full force and effect on and after 4/1/2008; provided that upon the transfer of expenditures and disbursements by the comptroller as provided in §10, the appropriations made by this act and subject to such section shall be deemed repealed.

Last Act: 03/31/08 signed chap.38

39 S7300 LITTLE -- Authorizes the distribution of certain amounts to counties and cities
BLURB : Stat dist cert amts
Chapter Signed Date Effective Date
39 03/31/2008 03/31/2008
Last Act: 03/31/08 SIGNED CHAP.39

40 A9401 Gunther -- Authorizes the submission of the security plan for a museum containing knives that are unlawful to possess to the police department or sheriff's office
BLURB : Ed L. knife museum: security plan
Chapter Signed Date Effective Date
40 04/07/2008 takes effect on (2/11/08) the same date and in the same manner as chapter 510/2007 takes effect
Last Act: 04/07/08 signed chap.40

41 S6331A MALTESE -- Relates to annual statements of disclosure for any city with a population of one million or more
BLURB : Gen Mun. disclosure state; 1 mil
Chapter Signed Date Effective Date
41 04/07/2008 and shall apply to annual statements of financial disclosure required to be filed for the calendar year 2007
Last Act: 04/07/08 SIGNED CHAP.41

42 S6641 GOLDEN -- Requires a school nurse or physician to administer nebulizers in accordance with a student's patient specific order
BLURB : Ed L. nebulizers
Chapter Signed Date Effective Date
42 04/07/2008 takes effect on the same date as chapter 672/2007(check chapter for contingencies), takes effect
Last Act: 04/07/08 SIGNED CHAP.42

43 S6650 FARLEY -- Relates to extending certain provisions of chapter 729 of 1994 relating to health insurance benefits and contributions of retired employees of school districts
BLURB : ch 729/1994; extender
Chapter Signed Date Effective Date
43 04/07/2008 takes effect 5/15/2008; provided if this act shall become a law after such date it shall take effect immediately and shall be deemed to have been in full force and effect on and after 5/15/2008
Last Act: 04/07/08 SIGNED CHAP.43

44 A10484 Rules -- Makes appropriations for the support of government
BLURB : Budgbi appr.support of government
Chapter Signed Date Effective Date
44 04/07/2008 and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that upon the transfer of expenditures and disbursements by the comptroller as provided in §9, the appropriations made by this act and subject to such section shall be deemed repealed
Last Act: 04/07/08 signed chap.44

45 A6011D Pretlow (MS) -- Relates to assaults on city marshals, traffic enforcement officers and traffic enforcement agents and makes certain technical corrections
BLURB : Pen L. asslt NYC traff enf agents
Chapter Signed Date Effective Date
45 04/23/2008 takes effect on (7/22/08) the ninetieth day after it shall have become a law
Last Act: 04/23/08 signed chap.45

46 A9471 Weisenberg -- Requires the department of health to establish criteria for determining which foods and food products may pose a significant choking risk in children; repealer
BLURB : Pub Heal. child food choking prev
Chapter Signed Date Effective Date
46 04/23/2008 and shall be deemed to have been in full force and effect on (8/28/07) the same date as chapter 628/2007 took effect
Last Act: 04/23/08 signed chap.46

47 A9473 John -- Relates to compliance with new regulations for safety equipment for certain firefighters
BLURB : safety equip; firefighters
Chapter Signed Date Effective Date
47 04/23/2008 04/23/2008
Last Act: 04/23/08 signed chap.47

48 A10105 Rosenthal -- Permits the City Center of Music and Drama, Inc. to rename the New York State Theater building; repealer
BLURB : NYS Theater building; rename
Chapter Signed Date Effective Date
48 04/23/2008 04/23/2008
Last Act: 04/23/08 signed chap.48

49 A10270 Abbate -- Establishes compensation, benefits and other terms for certain state officers and employees; repealer; appropriation
BLURB : Civ Serv. est comp benfts state
Chapter Signed Date Effective Date
49 04/23/2008 and shall be deemed to have been in full force and effect on and after 4/2/2007. Appropriations made by this act shall remain in full force and effect for liabilities incurred through 3/31/2009
Last Act: 04/23/08 signed chap.49

50 S6800D BUDGET -- Public protection & general government
BLURB : Pub.prot.&gen.govt.
Chapter Signed Date Effective Date
50 04/23/2008 deemed effective 4/1/2008
Last Act: 04/23/08 SIGNED CHAP.50

51 S6801B BUDGET -- Legislative and Judiciary
BLURB : Leg and Jud Budget
Chapter Signed Date Effective Date
51 04/09/2008 and shall be deemed to have been in full force and effect on and after 4/1/2008

Last Act: 04/09/08 SIGNED CHAP.51

52 S6802A BUDGET -- Makes appropriations for the legal requirements of the state debt service and lease purchase payments and other special contractual obligations
BLURB : State Debt
Chapter Signed Date Effective Date
52 03/26/2008 03/26/2008
Last Act: 03/26/08 SIGNED CHAP.52

53 S6803D BUDGET -- Education,Labor & Family Assiatance
BLURB : Educ., Lab,& Fam Assist
Chapter Signed Date Effective Date
53 04/23/2008 and shall be deemed to have been in full force and effect on and after 4/1/2008, except §§3, 4, and 5 shall take effect on the same date as such chapter of the laws of 2008, takes effect
Last Act: 04/23/08 SIGNED CHAP.53

54 S6804D BUDGET -- Health & Mental Hygiene
BLURB : Health & Mental Hygiene
Chapter Signed Date Effective Date
54 04/23/2008 deemed effective 4/1/2008
Last Act: 04/23/08 SIGNED CHAP.54

55 S6805D BUDGET -- Transportation & Economic Development & Environmental Conservation
BLURB : Trans. & Ec. Dev. & En Con
Chapter Signed Date Effective Date
55 04/23/2008 and shall be deemed to have been in full force and effect on and after 4/1/2008, except §3 shall take effect on the same date as such chapter of the laws of 2008, takes effect
Last Act: 04/23/08 SIGNED CHAP.55

56 S6806C BUDGET -- Enacts into law major components of legislation necessary to implement the public protection and general government budget for the 2008-2009 state fiscal plan
BLURB : Budgbi; pub prot & gen govt
Chapter Signed Date Effective Date
56 04/23/2008 provided that the applicable effective date of Parts A through EE of this act shall be as specifically set forth in the last section of such Parts
PART A
§ 4. immediately
PART B
Intentionally omitted
PART C
Intentionally omitted
PART D
§ 12. immediately, provided that the amendments to §380.70 of the criminal procedure law and to subd (a) of §601 of the correction law made by §§3 and 9 shall be subject to the expiration and reversion of such provisions pursuant to subd d of §74 of chapter 3/1995, as amended, when upon such date the provisions of §§4 and 10 shall take effect
PART E
Intentionally Omitted
PART F
§ 2. takes effect on (6/22/08) the sixtieth day after it shall have become a law and shall apply to bids issued on or after the first day of the calendar quarter next succeeding the date on which this act shall have become law; provided that the provisions of this act shall not apply to contracts for the purcha se of commodities, services, or technology from small businesses, as defined in §160 of this article, until 7/1/2008, and shall apply to bids issued on or after the first day of the calendar quarter next succeeding such date
PART G
§ 2. immediately
PART H
Intentionally omitted
PART I
§ 2. immediately and shall expire and be deemed repealed 12/31/2014
PART J
Intentionally omitted
PART K
Intentionally Omitted
PART L
Intentionally omitted
PART M
§ 6. immediately and shall be deemed to have been in full force and effect on and after 3/31/2008
PART N
Intentionally omitted
PART O
§ 12. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that §§1, 2, 4, 6 and 8 shall be deemed to have been in full force and effect on and after 4/1/2007
PART P
Intentionally omitted
PART Q
Intentionally omitted
PART R
Intentionally omitted
PART S
Intentionally omitted
PART T
Intentionally omitted
PART U
Intentionally omitted
PART V
Intentionally omitted
PART W
§ 2. immediately
PART X
§ 4. immediately provided that §§1 and 2 shall be deemed to have been in full force and effect on and after 4/1/2007
PART Y
§ 3. immediately and shall be deemed to have been in full force and effect on (2/16/05) the same date as part F of chapter 56/2004, took effect
PART Z
§ 2. immediately
PART AA
§ 2. immediately, provided if this act takes effect on or after 6/30/2008 this act shall be deemed to have been in full force and effect on and after 6/30/2008
PART BB
§ 2. immediately
PART CC
§ 3. immediately
PART DD
§ 3. takes effect 7/1/2008 and shall apply to offenses committed on or after such date; provided that the amendments to subd 1 of §1809 of the vehicle and traffic law made by §2 shall not affect the expiration of such subdivision and shall be deemed to be repealed and expire therewith
PART EE
§ 2. takes effect 8/1/2008 and shall apply to offenses committed on and after such date
Last Act: 04/23/08 SIGNED CHAP.56

57 S6807C BUDGET -- Enacts into law major components of legislation necessary to implement the education, labor and family assistance budget for the 2008-2009 state fiscal plan
BLURB : Budget ELFA ART VII
Chapter Signed Date Effective Date
57 04/23/2008 § 3. provided that the applicable effective date of Parts A through CCC-1 of this act shall be as specifically set forth in the last section of such Parts
PART A
§ 7. immediately; provided that §2 shall be deemed to have been in full force and effect on and after 4/1/2008; and provided further that the amendments to §211-d of the education law made by §2 shall first apply to contracts for excellence for the 2008-2009 school year
PART B
§ 51. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that:
1. §§7, 13, 16, 17, 18, 19, 22, 24, 25, 26, 28, 29, 29-a, 31, 32, 36, 37, 43, 45, 46, and 49 shall take effect 7/1/2008, provided that the amendments to subd 6 of §4402 of the education law made by §31 shall not affect the repeal of such subdivision and shall be deemed repealed therewith; provided, further, that the amendments to chapter 756/1992, relating to funding a program for wo rk force education conducted by the consortium for worker education in New York city, made by §§36 and 37 shall not affect the repeal of such chapter and shall be deemed repealed therewith;
2. §§5, 6, 8 through 12, 15-a, 21 and 49-a shall be deemed to have been in full force and effect on and after 7/1/2007;
3. intentionally omitted;
4. §23 takes effect 7/1/2008 and shall expire and be deemed repealed 6/30/2010;
5. §27 shall take effect on the same date as the reversion of par b of subd 2 of §3612 of the education law, as provided in §61 of part B of chapter 57/2007; and
6. §47 shall be deemed to have been in full force and effect on and after 4/1/2008 and be deemed repealed 3/31/2009
PART C
§ 4. immediately, except that §2 shall take effect 7/1/2010, when upon such date all authority vested in the board of regents immediately prior to the effective date of §3012-b of the education law shall be reinstated thereto
PART D
Intentionally omitted
PART E
Intentionally omitted
PART F
Intentionally omitted
PART G
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART H
Intentionally omitted
PART I
§ 3. immediately
PART J
Intentionally omitted
PART K
§ 2. immediately and shall be deemed to have been in full force and effect on and after 12/31/2007
PART L
Intentionally omitted
PART M
§ 4. immediately
PART N
§ 6. takes effect 7/1/2008
PART O
Intentionally omitted
PART P
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART Q
§ 2. immediately and shall apply to basic STAR rebates issued for the 2008-09 school year and subsequent school years
PART R
§ 3. immediately
PART S
§ 2. immediately
PART T
Intentionally omitted
PART U
Intentionally omitted
PART V
Intentionally omitted
PART W
&# 167; 6. immediately, provided that §1 shall apply to the administration of the STAR exemption on assessment rolls to be completed in 2008 and thereafter, and that the state board of real property services is hereby authorized and directed to compute and recertify any certified STAR exempt amounts that are not in compliance with §1; and provided further that §4 shall apply to the issuance of "Middle Class STAR" rebates on and after 4/1/2008
PART X
3. takes effect 12/31/2008, and shall apply to benefits and allowances in months beginning after such date; provided that the amendments to par (e) of subd 1 of §131-o and par (g) of subd 2 of §209 of the social services law, made by §§1 and 2, shall not affect the expiration of such paragraphs and shall be deemed to expire therewith
PART Y
Intentionally omitted
PART Z
§ 6. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that:
(a) the o ffice of temporary and disability assistance is immediately authorized to promulgate any and all rules and regulations, and take any other measures necessary for the timely implementation of the provisions of this act on its effective date, and is specifically authorized to promulgate emergency regulations to implement the collection of the annual service fee from persons receiving child support services pursuant to subd 3 of §111-g of the social services law, as added by §1;
(b) the annual service fee established by subd 3 of §111-g of the social services law, as added by §1, shall not be collected from persons receiving child support services and the state shall be responsible for any portion of such fee owed to the federal government until the deduction of the fee from child support disbursements can be accomplished in an automated fashion;
(c) §§2 and 3 shall take effect 10/1/2008;
(d) §§2-a and 3-a shall take effect 1/1/2010; and (e) §§4 and 5 shall take effect 10/1/2009; and the amendments made by §§4 and 5 shall only apply to applications made on or after 10/1/2009
PART AA
§ 2. immediately
PART BB
§ 2. immediately and shall expire 4/1/2009 when upon such date the process of this act shall be deemed to be repealed
PART CC
Intentionally omitted
PART DD
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART EE
§ 2. immediately and shall expire and be deemed repealed on 4/1/2009
PART FF
§ 2. immediately, and shall expire and be deemed repealed 3/31/2011
PART GG
§ 4. immediately
PART HH
§ 2. immediately
PART II
§ 2. immediately
PART JJ
Intentionally omitted
PART KK
§ 2. takes effect on (4/23/08) the same date and the same manner as §5 of part O of Chapter 56/08, amending the state finance law relating to special aid and incentives to municipalities as pr oposed in legislative bill numbers S. 6806-C and A. 9806-C, takes effect
PART LL
§ 2. immediately
PART MM
§ 20. takes effect 7/1/2008, and shall control all contracts advertised or solicited for bid on or after the effective date of this act under the provisions of any law requiring contracts to be let pursuant to provisions of law amended by this act
PART NN
§ 4. immediately
PART OO
§ 21. immediately and shall be deemed to have been in full force and effect on 4/1/2008; provided that:
a. §3 takes effect on (4/23/08) the same date and in the same manner as §33 of part B of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
b. §4 takes effect on (4/23/08) the same date and in the same manner as §45 of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
c. §5 takes effect on (4/23/08) the same date and in the same manner as §45-a of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
d. §6 takes effect on(4/23/08) the same date and in the same manner as §13 of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
e. §7 takes effect on (4/23/08) the same date and in the same manner as §14 of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year , as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
f. §8 takes effect on (4/23/08) the same date and in the same manner as §14-a of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
g. §9 takes effect on(4/23/08) the same date and in the same manner as §14-b of part C chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
h. §10 takes effect on (4/23/08) the same date and in the same manner as §14-c of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, ta kes effect;
i. §11 takes effect on (4/23/08) the same date and in the same manner as §17 of part B of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
j. §12 takes effect on (4/23/08) the same date and in the same manner as §72 of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
k. §15 takes effect on (4/23/08) the same date and in the same manner as §75-c of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
l. §18 takes effect on (4/23/08) the same dat e and in the same manner as §44-b of part C of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
m. §19 takes effect on (4/23/08) the same date and in the same manner as §18 of part C of chapter 58/08, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
n. §20 takes effect on (4/23/08) the same date and in the same manner as §32 of part A of chapter 58/2008, amending provisions of law implementing the health and mental hygiene budget for the 2008-2009 state fiscal year, as proposed in legislative bill numbers S.6808-C and A.9808-C, takes effect;
o. §16 takes effect 1/1/2009 and shall expire and be deemed repealed 3 years after such effective date; and
p §17 takes effect 3/31/2009
PART PP
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART QQ
§ 7. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART RR
§ 51. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that the amendments to subd 6 of §4 and subd 4 of §40 of the state finance law made by §§15 and 16 shall expire on the same date such subdivisions expire; and provided that §34 shall take effect on the same date as the reversion of §69-c of the state finance law as provided in §58 of part T of chapter 57/2007, as amended; provided that such amendments shall expire and be deemed repealed 3/31/2010; and provided that §§1, 3, 4, 14 and 18 through 27 shall expire 3/31/2009 when upon such date the provisions of such sections shall be deemed repealed
PART AA-1

67; 6. immediately and shall apply to taxable years beginning on or after 1/1/2008
PART BB-1
§ 2. immediately
PART CC-1
§ 3. immediately; provided the commissioner of taxation and finance is authorized to promulgate regulations on an emergency basis pursuant to subd 6 of §202 of the state administrative procedure act, in order to implement the provisions of §2
PART DD-1
§ 2. immediately
PART EE-1
§ 4. immediately and shall apply to taxable years beginning on or after 1/1/2008
PART FF-1
§ 18. immediately and shall apply to taxable years beginning after 2007 and before 2011; provided the provisions of this act shall be deemed repealed 1/1/2011 for taxable years beginning on or after 1/1/2011
PART GG-1
§ 2. immediately and shall apply to taxable years beginning on or after 1/1/2008
PART HH-1
§ 13. immediately and apply to taxable years beginning on or after 1/1/2008; provided that the amendments to sub§ 4 of &# 167;618 of the tax law made by §4 shall expire on the same date as such subsection expires, when upon such date the provisions of §5 shall take effect; provided that the amendments to subd 4 of §11-1718 of the administrative code of the city of New York made by §11 shall expire on the same date as such subdivision expires, when upon such date the provisions of §12 shall take effect
PART II-1
§ 7. immediately
PART JJ-1
§ 5. immediately and shall apply to taxable years beginning on or after 1/1/2009
PART KK-1
§ 2. takes effect 9/1/2008, and shall apply to sales made, uses occurring and services rendered on or after such date, in accordance with applicable transitional provisions in §§1106 and 1217 of the tax law
PART LL-1
§ 2. takes effect 11/1/2008, and apply to certificates of registration required to be filed under section 1134 of the tax law on or after such date
PART MM-1
§ 7. takes effect 7/1/2008; p rovided that any tobacco product manufacturer required to file a certification between 4/16 and 4/30/2008, under subd 1 of §480-b of the tax law, with respect to cigarettes that are first being defined as cigarettes as a result of the amendments made by this act, must file that certification no later than 7/1/2008
PART NN-1
§ 2. immediately.
PART OO-1
§ 3. immediately and shall apply to sales made, uses occurring, and services rendered on or after the date this act shall have become a law in accordance with applicable transition provisions in §§1106 and 1217 of the tax law and without regard as to the date the seller and the resident entered into the agreement described in §1. Provided that the term "the preceding four quarterly periods ending on the last day of February, May, August, and November" as used in §1 may include quarterly periods commencing prior to the effective date of this act
PART PP-1
§ 4. immediately; provided that the amendments to par (v) of subd 1 of §284 of the multiple dwelling law made by §2 shall not affect the repeal of such section and shall be deemed repealed therewith, pursuant to §3 of chapter 349/1982, as amended
PART QQ-1
§ 4. takes effect 7/1/2008, and shall apply to snuff which first becomes subject to taxation under A 20 of the tax law on or after that date.
PART RR-1
§ 5. takes effect 6/3/2008, and shall apply to all cigarettes possessed in the state by any person for sale and all cigarettes used in the state by any person on or after 6/3/2008
PART SS-1
§ 16. immediately, provided that §§1 through 14 shall take effect 8/1/2008, and shall apply to sales made, uses occurring and services rendered on or after that date in accordance with applicable transitional provisions in §§1106, 1107 and 1217 of the tax law
PART TT-1
§ 2. immediately and apply to offenses committed on and after such effective date
PART UU-1
§ 2. immediately; provided a penalty for failure to electronically file or failure to electronically pay as required under the provisions of this act shall not be imposed for any failure that occurs prior to 60 days succeeding the date on which this act shall have become a law
PART VV-1
§ 2. immediately and shall expire and be deemed repealed 90 days after such date
PART WW-1
§ 6. immediately and applies to taxable years beginning on or after 1/1/2008 and shall apply to applications filed on or after the date it becomes law; provided that the amendments to §24 of the tax law made by §1, subd 36 of §210 of the tax law made by §2 and sub§ (gg) of §606 of the tax law made by §3 shall not affect the repeal of such section, subdivision and subsection, respectively, and shall be deemed to be repealed therewith
PART XX-1
§ 2. immediately
PART YY-1
§ 3. immediately
PART ZZ-1
§ 5. immediately; provided that the empire state film production credit under sub§ (gg), the empire state commercial production credit under sub§ (jj) and the credit for companies who provide transportation to handicapped individuals under sub§ (oo) of §606 of the tax law contained in §2 shall expire on the same date as provided in section 9 of part P of chapter 60/2004, as amended, §10 of part V of chapter 62/2006, as amended and §5 of chapter 522/2006, as amended, respectively; and provided further that the amendments to subd 40 of §210 and sub§ (oo) of §606 of the tax law, made by §§1 and 3, respectively, shall not affect the repeal of such subdivision and subsection and shall be deemed repealed therewith.
PART AAA-1
§ 4. immediately
PART BBB-1
§ 3. immediately
PART CCC-1
§ 3. immediately
Last Act: 04/23/08 SIGNED CHAP.57

58 S6808C BUDGET -- Enacts major components of legislation necessary to implement the health and mental hygiene budget for the 2008-2009 fiscal year
BLURB : Budgbi; HMH Art VII
Chapter Signed Date Effective Date
58 04/23/2008 provided that the applicable effective date of Parts A through I of this act shall be as specifically set forth in the last section of such Parts
PART A
§ 32. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that §§1, 6-a, 19, 20, 24, and 25 take effect 7/1/2008; provided that §§16 and 18 shall expire 4/1/2011; provided that the amendments made by §28 shall take effect on 9/1/08 the same date as §1 of chapter 281/2007 takes effect; provided that §§29, 30, and 31 take effect 10/1/2008; provided that §27 shall take effect 1/1/2009; and provided that §27 shall expire and be deemed repealed 3/31/2011; and provided that the amendments to subd 1 of §241 of the education law made by §29 shall not affect the expiration of such subdivision and shall be deemed to expire therew ith and provided that the amendments to §272 of the public health law made by §30 shall not affect the repeal of such section and shall be deemed repealed therewith
PART B
§ 47. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; provided that:
1. §22-a shall be deemed to have been in full force and effect on and after 4/1/2007;
1-a. §28-b takes effect 4/1/2008 and shall expire 4/1/2011 when upon such date the provisions of such section shall be deemed repealed;
1-b. Any rules or regulations necessary to implement the provisions of this act may be promulgated and any procedures, forms, or instructions
necessary for such implementation may be adopted and issued on or after
the date this act shall have become a law;
2. This act shall not be construed to alter, change, affect, impair or
defeat any rights, obligations, duties or interests accrued, incurred or
conferred prior to the enactment of this act;
3. The commissioner of health and the superintendent of insurance and
any appropriate council may take any steps necessary to implement this
act prior to its effective date;
4. Notwithstanding any inconsistent provision of the state administrative procedure act or any other provision of law, rule or regulation, the commissioner of health and the superintendent of insurance and any appropriate council is authorized to adopt or amend or promulgate on an
emergency basis any regulation he or she or such council determines
necessary to implement any provision of this act on its effective date;
5. The provisions of this act shall become effective notwithstanding
the failure of the commissioner of health or the superintendent of insurance or any cou ncil to adopt or amend or promulgate regulations
implementing this act;
6. The amendments to subpar (iii) of par (c) of subd 9 of §2510 and subpar (iii) of par (a) of subd 2 of §2511 of the public health law made by §§31 and 32, respectively, shall not affect the expiration of such provisions and shall be deemed to expire therewith;
7. The amendments to §2807-j of the public health law made by §§2, 36, 37, 39 and 40 shall not affect the expiration of such section and shall be deemed to expired therewith;
8. The amendments to §2807-s of the public health law made by §§12, 13, 14 and 15 shall not affect the expiration of such section and shall be deemed to expire therewith;
9. The amendments to §2807-t of the public health law made by §§38 and 42 shall not affect the expiration of such section and shall be deemed to expire therewith;
10. The amendments to par (i-1) of subd 1 of §2807-v of the public health law made by §5 shall not affect the repeal of such paragraph and shall be deemed to be repealed therewith;
11. Nothing contained in this act shall be deemed to affect the application, qualification, expiration, reversion or repeal of any
provision of law amended by any section of this act and the provisions
of this act shall be applied or qualified or shall expire or revert or be deemed repealed in the same manner, to the same extent and on the same date as the case may be as otherwise provided by law
PART C
§ 79. immediately and be deemed to have been in full force and effect on and after 4/1/2008; provided that:
(a) the amendments to subd 9 of §367-a of the social services law, made by §§4, 5 and 10, shall not affe ct the expiration and repeal of such subdivision, and shall expire and be deemed repealed therewith;
(b) the amendments to §273 of the public health law, made by §7, shall not affect the repeal of such section, and shall be deemed repealed therewith;
(b-1) provided that the amendments to par (a-2) of subd 1 of §2807-c of the public health law made by §13 shall not affect the expiration of such subdivision and shall be deemed to expire therewith;
(b-2) provided that the amendments to par (b-1) of subd 1 of §2807-c of the public health law made by §14 shall not affect the expiration of such subdivision and shall be deemed to expire therewith;
(b-3) provided that the amendments to §364-j of the social services law made by §14-a shall not affect the repeal of such section and shall be deemed to be repealed therewith;
(c) the amendments to subd 4 of §366-c of the social services law, made by
67;52, shall not affect the expiration of such subdivision and shall expire therewith;
(d) §4 takes effect 7/1/2008;
(e) §5 takes effect 10/1/2008;
(f) §§7 and 9 take effect 7/1/2008;
(g) §15 takes effect 12/1/2008;
(h) §§28 and 30 take effect 4/1/2009;
(i) §31 takes effect 10/1/2008;
(i-1) §31-a shall be deemed repealed 7/1/2011;
(j) §§32 and 33 take effect 7/1/2008;
(k) §§38 and 39 take effect 10/1/2008;
(l) §40 takes effect 1/1/2009;
(m) §46 takes effect 11/1/2008;
(m-1) §52 shall not apply to any person as to whom federal financial participation is available for the costs of services provided under the provisions of subd 4 of §366-c of the social services law in effect immediately prior to the effective date of this act;
(n) §58 takes effect 6/1/2008;
(o) the amendments to subd 6 of §367-a of the social services law made by §9 shall not affect the repeal of such subdivision and shall be deemed repealed therewith;
(p) the amendments to §364-j of the social services law made by §§29 and 30 shall not affect the repeal of such section and shall be deemed repealed therewith;
(q) the amendments to A 2-A of the public health law made by
§§70-a and 75 shall not affect the repeal of such article and shall be deemed repealed therewith;
(r) any rules or regulations necessary to implement the provisions of
this act may be promulgated and any procedures, forms, or instructions
necessary for such implementation may be adopted and issued on or after
the date this act shall have become a law;
(s) this act shall not be construed to alter, change, affect, impair
or defeat any rights, obligations, duties or interests accrued, incurred
or conferred prior to the enactment of this act;
(t) the commissioner of health and the superintendent of insurance and
any appropriate council may take any steps necessary to implement this
act prior to its effective date;
(u) notwithstanding any inconsistent provision of the state administrative procedure act or any other provision of law, rule or regulation, the commissioner of health and the superintendent of insurance and any appropriate council is authorized to adopt or amend or promulgate on an
emergency basis any regulation he or she or such council determines
necessary to implement any provision of this act on its effective date;
(v) the provisions of this act shall become effective notwithstanding
the failure of the commissioner of health or the superintendent of
insurance or any counc il to adopt or amend or promulgate regulations
implementing this act; and
(w) nothing contained in this act shall be deemed to affect the application, qualification, expiration, reversion or repeal of any provision of law amended by any section of this act and the provisions of this act shall be applied or qualified or shall expire or revert or be deemed repealed in the same manner, to the same extent and on the same dates as the case may be as otherwise provided by law
PART D
§ 3. immediately
PART E
§ 2. immediately
PART F
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART G
Intentionally omitted
Part H
§ 2. immediately
PART I
§ 4. immediately; provided that the amendments made to §1 of part C of chapter 57/2006 by §§1, 2 and 3 shall not affect th e repeal of such section and shall be deemed repealed therewith
Last Act: 04/23/08 SIGNED CHAP.58

59 S6809C BUDGET -- Enacts into law major components of legislation which are necessary to implement the transportation, economic development and environmental conservation budget for the 2008-2009 state fiscal year
BLURB : Budget; TED Art VII
Chapter Signed Date Effective Date
59 04/23/2008 immediately provided that the applicable effective date of Parts A through OO of this act shall be as specifically set forth in the last section of such Parts
PART A
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART B
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART C
Intentionally omitted
PART D
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART E
Intentionally omitted
PART F
Intentionally omitted
PART G
§ 4. immediately
PART H
Intentionally omitted
PART I
Intentionally omitted
PART J
Intentionally omitted
PART K
Intentionally omitted
PART L
Intentionally omitted
PART M
Intentionally omitted
PART N
Intentionally omitted
PART O
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART P
Intentionally omitted
PART Q
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART R
§ 4. takes effect 9/30/2008; that the amendments to §159-i of the executive law made by §1 shall not affect the expiration of such section as provided in §5 of ch 728/82, as amended, and §7 of ch 710/83, as amended, and shall be deemed to expire therewith
PART S
§ 8. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART T
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART U
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART V
Intentionally omitted
PART W
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART X
Intentionally omitted
PART Y
§ 8. immediately; provided that the amendments to §§ 183 and 189 of the economic development law, subd 9 of § 186-a of the tax law and subpar 2 of par g of the ninth undesignated par of § 1005 of the public authorities law, made by §§ 1, 2, 3, 5 and 7, shall not affect the expiration of such provisions and shall be deemed repealed therewith
PART Z
Intentionally omitted
PART AA
Intentionally omitted
PART BB
Intentionally omitted
PART CC
Intentionally omitted
PART DD
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART EE
Intentionally omitted
PART FF
§ 3. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART GG
Intentionally omitted
PART HH
§ 3. takes effect 4/1/2008; if this act shall become a law after such date it shall take effect immediately and shall be deemed to have been in full force and effect on and after 4/1/2008; and provided that §§ 1 and 2
shall expire and be deemed repealed 3/31/2009
PART II
§ 3. immediately
PART JJ
§ 2. immediately
PART KK
§ 2. takes effect 4/1/2008; if this act shall become a law after such date it shall take effect immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART LL
§ 7. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART MM
§ 4. immediately and shall be deemed to have been in full force and effect on and after 4/1/2008
PART NN
§ 2. immediately
PART OO
§ 2. immediately and shall be deemed to have been in full force and effect on and after 4/1/2006

Last Act: 04/23/08 SIGNED CHAP.59

60 S805B SEWARD -- Relates to foreign investments by life insurance companies
BLURB : Ins. life ins co; foreign investm
Chapter Signed Date Effective Date
60 04/23/2008 04/23/2008
Last Act: 04/23/08 SIGNED CHAP.60

61 S4391B DEFRANCISCO -- Establishes the first Tuesday in May as an annual day of commemoration known as "New York State Teacher Day"
BLURB : Exec. New York state teacher day
Chapter Signed Date Effective Date
61 04/23/2008 takes effect on (5/23/08) the thirtieth day after it shall have become a law
Last Act: 04/23/08 SIGNED CHAP.61

62 S4473 MALTESE -- Requires the industry apparel special task force to submit annual reports to the governor, legislature and chairpersons of legislative labor committees
BLURB : Lab. task force; annual report
Chapter Signed Date Effective Date
62 04/23/2008 04/23/2008
Last Act: 04/23/08 SIGNED CHAP.62

63 S6493 LEIBELL -- Provides technical corrections to chapter 629 of the laws of 2007
BLURB : Lab. written notice of wage rates
Chapter Signed Date Effective Date
63 04/23/2008 takes effect on (2/24/08) the same date and in the same manner as chapter 629/2007, takes effect
Last Act: 04/23/08 SIGNED CHAP.63

64 S6398A DEFRANCISCO -- Provides for a chapter amendment to chapter 606 of the laws of 2007, amending the court of claims act relating to contents of a claim and notice of intention to file
BLURB : Court of claims
Chapter Signed Date Effective Date
64 04/28/2008 04/28/2008
Last Act: 04/28/08 SIGNED CHAP.64

65 A9679 Bradley (MS) -- Authorizes the city of White Plains to impose an additional one-quarter of one percent sales and compensating use tax
BLURB : Tax. city of White Plains
Chapter Signed Date Effective Date
65 04/28/2008 provided that the amendments to subpar (iii) of the opening paragraph of §1210 of the tax law made by §3 shall take effect on (12/1/08) the same date and in the same manner as §5 of chapter 269/2007, takes effect
Last Act: 04/28/08 signed chap.65

66 S6687C SKELOS -- Relates to personal jurisdiction and enforceability of certain foreign judgments in cases involving defamation
BLURB : CPLR. defam; jurisd; enforceabil
Last Act: 04/28/08 SIGNED CHAP.66

ADMINISTRATIVE LAW, ENVIRONMENTAL LAW, EVIDENCE, OIL & GAS LAW, WATER LAW

Islander E. Pipeline Co., LLC v. McCarthy, No. 06-5764

"Petition for review of a decision by the Connecticut Department of Environmental Protection (CTDEP) denying a "water quality certification" for plaintiff to build a natural gas pipeline across the Long Island Sound is denied where: 1) record evidence supported the CTDEP's finding that plaintiff's proffered techniques for installing the proposed pipeline would violate state water quality standards; and 2) based on the record, the CTDEP's denial of certification was not 'arbitrary, capricious, an abuse of discretion, or not in accordance with law' ".

.

CIVIL PROCEDURE, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, EVIDENCE, INTELLECTUAL PROPERTY, REMEDIES

Wabtec Corp. v. Faiveley Transp. Malmo AB, No. 07-5189

"In a licensing agreement dispute involving arbitration issues, appeal from a denial of defendant's motion to dismiss plaintiff's application for preliminary injunction and expedited discovery is dismissed for lack of jurisdiction where the district court's order was not an appealable interlocutory under the collateral order doctrine or the Federal Arbitration Act"

U.S. 1st Circuit Court of Appeals, April 28, 2008
US v. Whitney , No. 07-1934
Conviction for making a false statement to a firearms dealer during an attempt to purchase firearm is affirmed over claims that: 1) the trial judge erred in defining the term "knowingly", by refusing to give an explicit willful blindness instruction; and 2) the trial judge erroneously admitted evidence that defendant was arrested for violating a protective order entered against him three weeks before denying the existence of such an order on a federal firearms form.

U.S. 1st Circuit Court of Appeals, April 28, 2008
Hannon v. Beard, No. 07-2272
In a suit against defendants, most of whom were officials in the Massachusetts Department of Corrections, alleging federal and state constitutional violations, dismissal of plaintiffs' claims for lack of personal jurisdiction is reversed in part and remanded where: 1) assertion of personal jurisdiction over one defendant was authorized by the Massachusetts long-arm statute; and 2) exercising jurisdiction over that defendant comported with due process requirements under the federal constitution.

U.S. 1st Circuit Court of Appeals, April 29, 2008
US v. Innarelli, No. 06-2400
In a prosecution for wire fraud and conspiracy to launder money for defendant's role in a "land-flipping" scheme in Massachusetts, defendant's sentence is affirmed over claims that the district court: 1) erred in calculating the amount of loss for purposes of determining guidelines base offense level; and 2) failed to adequately account for several personal circumstances justifying a lower sentence. However, an order requiring defendant to pay restitution to defrauded victims is vacated and remanded where the court appeared: 1) to have based some or all of the awards on intended loss rather than actual loss; and 2) to have taken into account emotional damages with respect to victim-buyers

U.S. 1st Circuit Court of Appeals, April 29, 2008
US v. Marti-Lon, No. 07-1040
Conviction and sentence for unlawful distribution of prescription drugs, monetary transactions from unlawful activity, and false statements is affirmed over claims of: 1) trial errors, primarily prosecutorial misconduct and error by the court as to its treatment of two jurors; 2) sentencing errors claiming that defendant was wrongly denied credit when the prosecution declined to move for a departure based on substantial assistance, and that the district court erroneously calculated the amount of loss attributable to her conduct.

U.S. 1st Circuit Court of Appeals, April 30, 2008
US v. Herrera-Martinez, No. 07-1363
Convictions stemming from defendant's use of personal information, including a Social Security number, that did not belong to defendant in order to secure subsidized housing under a federal program, are affirmed over claims that: 1) a conviction under 18 U.S.C. section 641 requires proof of elements not present in her case; 2) 42 U.S.C. section 408(a)(7)(B) prohibits the use of a false Social Security number only to obtain a Social Security payment, not to obtain other benefits; and 3) she was entitled to acquittal of aggravated identity theft because it required, as a predicate, one of the other two offenses.

U.S. 2nd Circuit Court of Appeals, April 30, 2008
City of New York v. Beretta U.S.A. Corp. , No. 05-6942
In an action involving the Protection of Lawful Commerce in Arms Act (PLCAA), which provides that any "qualified civil liability action that is pending on October 26, 2005, shall be immediately dismissed by the court in which the action was brought or is currently pending", the circuit court finds that: 1) a claim by the city of New York, predicated on New York Penal Law section 240.45, did not fall within an exception to the claim restricting provisions of the Act; and 2) the PLCAA was a valid exercise of Congressional power under the Commerce Clause, and the PLCAA did not violate the separation of powers doctrine or otherwise offend the Constitution in any manner alleged by the city.

U.S. 2nd Circuit Court of Appeals, May 01, 2008
Vives v. City of New York , No. 05-1664
In an appeal considering whether a city's acknowledged policy of enforcing New York Penal Law section 240.30(1) is a policy within the meaning of Monell that caused the violation of plaintiff's rights, a judgment awarding plaintiff damages for the city's violation of his constitutional rights is vacated and remanded where the record was insufficient to resolve this issue.

U.S. 3rd Circuit Court of Appeals, May 01, 2008
US v. Wood, No. 06-3812
Sentence for bank robbery is affirmed over defendant's challenges to the computation of his criminal history score based on the "relatedness" of his prior convictions, as the district court did not err in: 1) its interpretation of U.S.S.G. section 4A1.2(a)(2) at the time of defendant's sentencing; or 2) its finding of fact with respect to defendant's prior convictions.

U.S. 3rd Circuit Court of Appeals, May 02, 2008
Nijhawan v. Atty. Gen. of US, No. 06-3948
Petition for review of a BIA decision finding that petitioner was removable under 8 U.S.C. section 1101(a)(43)(M)(i) for committing an aggravated felony is denied where: 1) petitioner's conviction for conspiracy to commit bank fraud, mail fraud and wire fraud constituted offenses involving "fraud or deceit" for purpose of the INA; and 2) while petitioner's conviction did not establish that loss to his victims exceeded $10,000, section 1101(a)(43)(M)(i) does not require a jury to have determined that there was a loss in excess of $10,000.

U.S. 4th Circuit Court of Appeals, April 28, 2008
U.S. v. Benton, No. 07-4211
Denial of defendant's motion to withdraw his plea is affirmed where: 1) magistrate judges possess the authority to bind defendants to their plea so long as district judges retain the authority to review the magistrate judge's actions de novo; 2) there is no reversible error even if defendant was misinformed as to the length of his term of supervised release, so long as his overall sentence fit within the sentencing range communicated to him at his plea colloquy; and 3) a failure to discuss the mens rea of a charge where it is not at issue under the case does not constitute ineffective representation.

U.S. 4th Circuit Court of Appeals, April 28, 2008
U.S. v. Curry, No. 07-4152
A 36-month sentence for mail and wire fraud is affirmed over a reasonableness challenge based on a claim that the sentencing judge had expressed a desire to give the defendant a more lenient sentence of 29 months of home confinement, but felt compelled to give him the 36 month sentence by his interpretation of the law and a previous circuit court decision.

U.S. 4th Circuit Court of Appeals, April 28, 2008
Orem v. Rephann, No. 07-1696
In a civil rights action alleging excessive force, denial of summary judgement for defendant-deputy is affirmed where: 1) the use of a taser against plaintiff while she was handcuffed and confined to the back seat cage of a deputy's car, as another officer was attempting to tighten a restraint on her feet, was unreasonable; 2) the application of a taser for 1.5 seconds is not a de minimus injury simply because of the time factor; and 3) thus, defendant was not entitled to qualified immunity.

U.S. 4th Circuit Court of Appeals, May 01, 2008
U.S. v. Jackson, No. 07-4103, 07-4094
Defendants' convictions and sentences for bank fraud are affirmed where: 1) unpaid employer contributions to a company's ERISA plan constitute plan assets; 2) defendants were guilty of ERISA theft regardless of whether they were fiduciaries; 3) there was sufficient evidence to support their convictions; 4) the fraud-loss amount resulting in a seventeen-level increase to the offense level under the Sentencing Guidelines was not miscalculated; and 5) there was no error with the increase of the offense level based on defendants' actions.

U.S. 5th Circuit Court of Appeals, April 29, 2008
Patel v. Mukasey, No. 06-61056
Petition for review of a decision finding that petitioner, a citizen of India, was removable for having committed an aggravated felony under 8 U.S.C. section 1101(a)(43)(M)(i) is denied where plaintiff's conviction for misprision of a felony was an offense that: 1) necessarily entailed fraud or deceit; and 2) involved a loss to the victim exceeding $10,000.

U.S. 5th Circuit Court of Appeals, April 29, 2008
US v. Lopez, No. 07-10151, 07-10321
A sentence for illegal re-entry after deportation is affirmed over claims of error regarding whether: 1) defendant's sentence was substantively unreasonable; and 2) the lack of a fast-track early disposition program in the Northern District of Texas deprived defendant of a sentencing reduction, in violation of his equal protection rights, and resulted in an unwarranted sentencing disparity. Read more...

U.S. 5th Circuit Court of Appeals, April 30, 2008
USA vs. Gulley, No. 06-41528
A conviction for murder and possessing a dangerous weapon in federal prison is affirmed over claims that: 1) there was insufficient evidence to prove guilt; 2) the district court improperly excluded evidence of the victim's specific prior acts of violence; 3) the district court erroneously refused to conduct an in camera hearing to determine whether defendant's due process rights were violated as a result of preindictment delay; 4) defendant received ineffective assistance of counsel; and 5) defendant was not present when a jury note was read and the district court responded to the jury's request to recess. Read more...

U.S. 5th Circuit Court of Appeals, April 30, 2008
USA vs. Tushnet, No. 07-20103
A conviction for conspiracy to possess with the intent to distribute drugs is affirmed over a claim of error that the court improperly calculated the weight of the 5000 pills resulting in a higher base level for the offense. The circuit court rejects defendant's reasoning and affirms the presumed per-pill weight the trial court used in its calculation. Read more...

U.S. 5th Circuit Court of Appeals, May 02, 2008
USA vs. Fambro, No. 06-10847
A conviction and sentence for being a felon in possession of a firearm is affirmed over claims of error regarding whether: 1) there was insufficient evidence of his possession of the firearm; 2) the prosecutor violated his due process right to freedom from self-incrimination by commenting on defendant's failure to deny knowledge or ownership of the firearm when questioned after his arrest; 3) the prosecutor violated his due process rights by tainting prospective jurors with "commitment" questions during voir dire; 4) the district court improperly applied the relevant conduct provisions of the Sentencing Guidelines; 5) the court erred in determining that defendant was an Armed Career Criminal; and 6) the court violated defendant's Sixth Amendment right to trial by jury by enhancing his sentence on the basis of facts not found by a jury beyond a reasonable doubt. Read more...

U.S. 5th Circuit Court of Appeals, May 02, 2008
USA vs. Burns, No. 07-50321
A conviction for conspiracy to possess with intent to distribute crack cocaine and aiding and abetting the distribution of crack cocaine is affirmed over claims of error regarding whether: 1) defendant had ineffective assistance of counsel; 2) the prosecutor made improper remarks at trial; and 3) there was insufficient evidence to support the conviction. However, the sentence is vacated and remanded where defendant, having objected on the basis of an improper disparity between the Sentencing Guidelines' treatment of powder and crack cocaine offenses, was entitled to resentencing in light of Kimbrough v. United States, 128 S. Ct. 558 (2007). Read more...

U.S. 6th Circuit Court of Appeals, April 29, 2008
Johnson v. Bell, No. 04-5377
In habeas proceedings in a death penalty case, denial of habeas relief is affirmed over claims regarding whether: 1) petitioner's due process right was violated by the prosecution's failure to disclose material evidence; 2) petitioner's right to compulsory process was violated by the prosecution's improper coercion of a defense witness; 3) the prosecution improperly interfered with a defense witness; 4) the prosecution improperly vouched for a witness's credibility and inflamed the passions of the jury; 5) the cumulative misconduct violated the petitioner's rights; and 6) petitioner's counsel rendered ineffective assistance of counsel during the guilt phase. Read more...

U.S. 6th Circuit Court of Appeals, April 29, 2008
Gibson v. Moskowitz, No. 07-1074, 07-1198
In a 42 U.S.C. section 1983 and state law action brought by the estate of a mentally disabled inmate who died from severe dehydration, a judgment pursuant to a jury verdict in favor of the estate is affirmed in part and reversed in part where: 1) there was sufficient evidence to show deliberate indifference on the part of defendant-psychiatrist; 2) the evidence supported the compensatory and punitive damages awards; 3) the punitive damages award was not constitutionally excessive; 4) claims of evidentiary errors are rejected; 5) there was no error in applying Michigan's "high tier cap" on non-economic damages for medical malpractice; but 6) a remand was required as the district court failed to state a reason as to how it allocated the award between the statutorily capped malpractice claim and the deliberate indifference claims. Read more...

U.S. 6th Circuit Court of Appeals, May 02, 2008
U.S. v. Blair, No. 06-6036, 06-6037
In a case where, after entering into a plea agreement over a federal firearm charge, defendant was indicted on a federal drug charge stemming from a traffic stop and sentenced for both charges, denial of defendant's motions to dismiss the drug indictment and to suppress evidence seized during the stop is reversed and his sentence in the firearm case vacated and remanded where: 1) an officer lacked probable cause to stop defendant's car and conduct a search; 2) the stop was not based on an articulable suspicion of criminal activity necessary to extend its scope and duration; and 3) defendant's sentence for the firearm charge was approximately four times greater than it would have been had he been sentenced for the firearm charge alone. Read more...

U.S. 7th Circuit Court of Appeals, April 29, 2008
Williams v. City of Champaign, No. 07-1619
In an action alleging false arrest and use of excessive force by police and private security, summary judgment in favor of defendants is affirmed where: 1) the drawing of weapons at plaintiff's approaching car did not constitute an excessive use of force; 2) handcuffing and briefly questioning a juvenile while police fill out a juvenile contact form does not give rise to damages; 3) private security guards who erroneously reported the alleged crime to police are not liable in tort to a person arrested as a consequence of the error; and 4) plaintiffs failed to show a connection between the violation of a training statute and the harm incurred. Read more...

U.S. 7th Circuit Court of Appeals, April 29, 2008
Jones v. Wallace, No. 07-1470
Denial of a petition for a writ of habeas corpus from a conviction for sexual assault is affirmed where petitioner failed allege facts that, if proven, would warrant relief with regard to a claim that his counsel's failure to discover and introduce evidence that would have impeached the testimony of the victim constituted ineffective assistance. Read more...

U.S. 7th Circuit Court of Appeals, April 29, 2008
U.S. v. Van Allen, No. 07-1160
A conviction for a series of financial crimes, involving the structuring of currency transactions and the concealment of assets in a bankruptcy proceeding, is affirmed where: 1) there was sufficient evidence to support a finding that defendant structured his