The following link is to a Chart prepared by Perkins Cole to provide information regarding information security breach notification legislation which has been enacted in U.S. jurisdictions. It has been updated to May 14, 2008:
"Legislation being carried by the chairman of the [New York] state Senate's Judiciary Committee would set limits on the Office of Court Administration's now unfettered authority to allow the mechanical recording of proceedings in any state courts in New York...."
To see complete article, New York Senate Bill S7995 and Sponsor's Memorandum Click here
From: Stashenko, Joel. "Senate Bill Would Limit OCA's Use of Court Recording Devices," New York Law Journal. (May 19, 2008). p. 1,8.
The following is a list of New York legislation that has been passed by both houses of the legislature and signed by the governor (Chapter Laws) as of May 4, 2008.:
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
An article in the April 29, 2008 New York Law Journal ( http://www.nylj.com)reports that the state Assembly's Judiciary Committee has scheduled a vote tomorrow (April 30) on the bill A10615/S7585 which would create 14 additional family court judgeships in New York City and 25 elsewhere in the state of New York. Click on the links below to see the text of the bill and its sponsoring memorandum:
Text of Bill A10615/S7587 Additional Family Court Judges
Sponsors Memorandum for Bill A10615/S7587 Additional Family Court Judges
Every month I look forward to receiving the ABA Criminal Justice Section E-News. True to form, the April 2008 issue just received is filled with information to those involved with criminal justice issues. Here are some exampled highlighted in the April 2008 issue:
Weekly Criminal Justice News Roundup.
Upcoming Events
April 3-6
Criminal Justice Section 2008 Spring Meeting, Charleston, SC (Francis Marion Hotel)
Superior Direct and Cross Examination (CLE, April 4)
April 11
Protecting Attorney-Client Privilege in 2008, Philadelphia, PA
May 9-10
The Comparison of Jury Trials and the Mystery of Art Theft, Bilbao, Spain
May 14-16
Health Care Fraud, Ft. Lauderdale, FL
May 21-23
Federal Sentencing Guidelines, Orlando, FL
June 11-13
Civil False Claims Act and Qui Tam Enforcement, Washington, DC
June 18-20
CyberLaw: Expanding the Horizons, Washington, DC
Aug. 7-12
ABA Annual Meeting (and CJ Section Programs and Meetings), New York, NY
Oct. 19-21
ABA/ABA Money Laundering Enforcement Conference, Washington, DC
New Publications
New from the ABA Commission on Effective Criminal Sanctions
Second Chances in the Criminal Justice System: Alternatives to Incarceration and Recovery Strategies
"This compendium of the American Bar Association's Commission on Effective Criminal Sanctions and the Justice Kennedy Commission focuses on the fairness and proportionality of punishment and on ways in which criminal offenders may avoid or escape the permanent legal disabilities and stigma of a criminal record."
U.S. Supreme Court Cases
MEDELLIN v. TEXAS
By a 6-3 vote, the U.S. Supreme Court held that President Bush overstepped his authority when he ordered a Texas court to reopen the case of Jose Ernesto Medellin, a Mexican citizen whom police prevented from consulting with Mexican diplomats, as provided by international treaty. Medellin was arrested a few days after the killings of Jennifer Ertman, 14, and Elizabeth Pena, 16, in June 1993. He was told he had a right to remain silent and have a lawyer present, but the police did not tell him that he could request assistance from the Mexican consulate. Medellin was convicted of murder in the course of a sexual assault, a capital offense in Texas. A judge sentenced him to death in October 1994.
Texas acknowledged that Medellin was not told he could ask for help from Mexican diplomats, but argued that he forfeited the right because he never raised the issue at trial or sentencing. In any case, the state said, the diplomats' intercession would not have made any difference in the outcome of the case. State and federal courts rejected Medellin's claim when he raised it on appeal.
Then, in 2003, Mexico sued the United States in the International Court of Justice in The Hague on behalf of Medellin and 50 other Mexicans on death row in the U.S. who also had been denied access to their country's diplomats following their arrests. An international court ruled in 2004 that the convictions of Medellin and 50 other Mexicans on death row around the United States violated the 1963 Vienna Convention, which provides that people arrested abroad should have access to their home country's consular officials. The International Court of Justice, also known as the world court, said the Mexican prisoners should have new court hearings to determine whether the violation affected their cases.
Chief Justice John Roberts, writing for the majority, disagreed. Roberts said the international court decision cannot be forced upon the states. The president may not "establish binding rules of decision that pre-empt contrary state law," Roberts said. Neither does the treaty, by itself, require individual states to take action.
Click on the link below to access the full opinion. If you cannot click on the link, copy and paste it into your browser. http://www.supremecourtus.gov/opinions/07pdf/06-984.pdf
Snyder v. Louisiana
By a 7-2 vote, the U.S. Supreme Court found that prosecutor Jim Williams improperly excluded blacks from the jury that convicted Allen Snyder of killing his estranged wife's companion. Snyder is black and the jurors were white. Justice Alito, writing for the majority, said the trial judge should have blocked Williams from striking a black juror. Justices Thomas and Scalia dissented. Thomas said he would not "second-guess" the judge. In a 4-3 decision, the Louisiana Supreme Court ruled that race had no part in the state's decisions involving black potential jurors.
During jury selection in the trial, Williams disqualified all five blacks in the pool of prospective jurors. The Supreme Court ruled in 1986 that prosecutors may not exclude people from a jury solely because of their race. The court already had sent Snyder's case back to the Louisiana courts following a ruling in 2005 that bolstered the prohibition on race bias in jury selection.
The prosecutor's explanation for striking a prospective black juror was "suspicious," said Alito. The prospective juror's supervisor said he did not think a schedule conflict between the upcoming trial and the prospective juror's work would be a problem. In contrast, the prosecutor accepted white jurors who disclosed conflicting obligations "that appear to have been at least as serious as" the prospective black juror who was excused, Alito wrote.
Stephen Bright, Snyder's Atlanta-based lawyer, said the ruling shows there is broad agreement among the justices that courts must closely examine the reasons given for excusing potential jurors when racial motives might be present but not acknowledged. "The disturbing thing is that courts in Louisiana and elsewhere were just deferring to trial judges, no matter the reasons," Bright said. Snyder will get a new trial as a result of the ruling.
Click on the link below to access the full opinion. If you cannot click on the link, copy and paste it into your browser. http://www.supremecourtus.gov/opinions/07pdf/06-10119.pdf
Legislative Text of the New York City Congestion Pricing Proposal
Text as Introduced in the New York State Senate by the Rules Committee on March 24, 2008
Proposed Amendment to Vehicle and Traffic Law (VTL) Regarding Congested Pricing in New York City
A Report for Congress Prepared by Garrine P. Laney, Analyst in Social Policy, Domestic Policy Division of the Congressional Research Service, February 4, 2008.
The following is from the Summary:
"Monitoring the movement of sex offenders in communities continues to be of
interest to Congress, state legislatures, and local governments. In response to some
citizens’ concerns, Congress passed the Adam Walsh Child Protection and Safety Act
of 2006 (P.L. 109-248), which, among other provisions, provides for mandatory
registration of sex offenders who are released from prison, closer scrutiny of them,
and community notification of their whereabouts. Through the community
notification process, the public has more knowledge of where sex offenders reside.
At least 23 states and hundreds of local governments have passed laws to prohibit sex
offenders, who must register as such, from living within a specified distance of a
particular area. Often, restricted areas include parks, playgrounds, recreation centers,
swimming pools, schools, bus stops, libraries, convenience stores, and other facilities
that serve large numbers of persons under 18 years of age...."
Complete Report: Residence Restrictions for Released Sex Offenders
The January 25, 2008 issue of the AALL Washington E-bulletin is now available at http://www.aallnet.org/aallwash/eBulletin12508.pdf. Reading issues of this E-bulletin is a great way to keep abreast of issues of interest and concern to law librarians that are being discussed and debated in Washington, DC. Enjoy