For Immediate Release:
September 19, 2005
2005 Legislative Session Summary

Last Updated On: December 30, 2005

AGING
AGRICULTURE
BANKS
CHILDREN AND FAMILIES
CITIES
CODES
CONSUMER AFFAIRS
CORPORATIONS
ECONOMIC DEVELOPMENT
EDUCATION
ELECTION LAW
ENERGY
ENVIRONMENTAL CONSERVATION
GOVERNMENTAL EMPLOYEES
GOVERNMENTAL OPERATIONS
HEALTH
HIGHER EDUCATION
HOUSING
INSURANCE
JUDICIARY
LABOR
LIBRARIES
LOCAL GOVERNMENTS
MENTAL HEALTH
RACING AND WAGERING
REAL PROPERTY TAXATION
SMALL BUSINESS
SOCIAL SERVICES
TOURISM
TRANSPORTATION
VETERANS AFFAIRS

WAYS AND MEANS

AGING

Elderly Pharmaceutical Insurance Coverage (EPIC) Program Eligibility This bill will allow seniors to retain their eligibility in the EPIC program if they have previously qualified but are no longer eligible because of an increase in a public or private pension or social security benefit. (A.302; Passed Assembly / S.201; Aging)

EPIC Benefits This bill would ensure that seniors enrolled in EPIC continue to have access to benefits when they reside in a nursing home. (A.4032; Passed Assembly)

STAR Extension This bill would allow local governments to grant senior citizens a five-day extension to pay their real property taxes and remain eligible for the STAR program. (A.399; Passed Assembly / S.622; Rules)

Senior Citizen Rent Increase Exemption (SCRIE) Program This bill excludes certain medical treatment expenses from the definition of "income" when determining eligibility for the SCRIE Program. (A.5264; Passed Assembly)



AGRICULTURE

Slaughterhouse Supervision This bill would provide more oversight to live poultry markets that slaughter animals "delivered" by the owner for their own consumption by giving localities information about changes in slaughtering practices to help them pursue possible zoning violations. The small-scale slaughter of goats, sheep, swine, cattle and other larger animals remains under the statutory purview of the federal government. These operations typically receive "custom exempt" status and are not required to be inspected unless a customer complaint is filed. (A.1783; Passed Assembly / S.951; Agriculture)

Food Safety Program The bill would create a nine-member advisory board within the Department of Agriculture and Markets on food safety and inspection programs. Under the bill, the board would advise, counsel and confer with the commissioner of agriculture and markets on matters dealing with enforcement of laws and regulations regarding food safety and protection and would make recommendations regarding any necessary statutory or regulatory changes. (A.3714; Passed Assembly)

Food Safety Transportation This bill would prohibit the transportation of food products under conditions whereby they may become adulterated, such as when trucks haul freight or chemicals or cleaning supplies in one direction and food on the return trip. (A.338; Passed Assembly)

Kosher Food Law Improved This bill would improve compliance and make it easier for consumers to recognize food that has been certified "kosher." Under the bill, retail food stores would be allowed to identify certifying organizations by logo or symbol, which is often more identifiable to consumers than the actual name of the certifier. (A.8903 /S.5764; Chapter 543)

Continuing Food Safety Education For Retail Markets This bill would establish a continuing education certification program for retail food stores that engage in food preparation. If enacted, most grocery stores that prepare food would have an individual assigned who has completed a food handling and safety program approved by the Department of Agriculture and Markets. (A.423-A/S.3488-A; Chapter 665)

Animal Cruelty A Fingerprintable Offense This bill would require the fingerprinting of those arrested for animal cruelty in the state. Under current law, fingerprinting is mandatory when someone is arrested for a crime. However, animal cruelty and other crimes defined outside that law do not carry mandatory fingerprinting. It has been established that violence toward animals are firmly linked to potential future violence against human victims, which makes the accuracy of these criminal justice records vital. (A.1011-A/S.2826; Chapter 523)

Slaughterhouse Licensing Restrictions This bill would require the Department of Agriculture and Markets, after completing a thorough notification and hearing process, to revoke small slaughterhouse and live poultry market licenses after the third consecutive inspection failure. (A.1280-B; Passed Assembly / S.2517-B; Rules)

Farmland Protection Planning Grants For Towns And Villages This bill would allow municipalities to apply for funding through the Department of Agriculture and Markets for the creation of farmland protection plans. Currently, these dollars are only accessible by county governments, most of which have already created and implemented such plans. (A.4534-C / S.3176-C; Chapter 527)

Protections For Halal Consumers This bill would require vendors of foods sold as "halal" to disclose the basis for representing foods as such. The bill also would implement important disclosure requirements for "halal" labeling at every level of food production and require record keeping standards for wholesalers and retail food establishments in the same manner as New York's recently-enacted Kosher laws. (A.5957-A/S.4089-B; Chap. 529)

Increased Restrictions On Potentially Harmful Fertilizer Ingredients This bill would require the Department of Agriculture and Markets to analyze all fertilizer and agricultural liming material sold in New York State. The department would be required to determine whether these products contained heavy metals and or other pollutants currently restricted in the organic solid waste provisions of the Environmental Conservation Law. (A.7078 / S.3996; Veto 14)

Reduced Spay / Neuter Costs For Low-Income Residents This bill would make eligible low-income New Yorkers for low-cost spay/neuter services for their pets. New York's Animal Population Control Fund currently covers only those New York residents who adopt pets from shelters or humane societies. By expanding this service the legislation would help substantially reduce pet overpopulation in New York State and the euthanasia of otherwise adoptable dogs and cats. (A.7644-A / S.4560-A; Chapter 534).



BANKS

Credit Card Inactivity Fee The Assembly continued it efforts to protect consumers from excessive credit card account inactivity penalties by approving legislation that would require financial institutions to notify consumers in writing, 30-days before a late fee could be assessed (A.349; Passed Assembly), and prohibit inactivity fees in excess of $5.00 (A.350; Passed Assembly).

CD Term Expiration Notification This bill would require financial institutions to inform consumers when the term of a certificate of deposit has expired. The measure calls for customers to be informed when certificates of deposit are maturing, the amount of money in the account, the current interest rate and the name of the owner(s) and any beneficiary of the account. (A.163-A; Passed Assembly)

Home Equity Theft The bill would protect home owners from unknowingly transferring their home's equity and title to another person. This legislation also would punish violators with a fine of up to $27,000 and or a one-year jail sentence. (A.7667; Passed Assembly)

Holocaust Victims Package This legislation is aimed at making the state's Holocaust Claims Processing Office more effective in its efforts to help individuals recover assets stolen from them during the Holocaust. The legislative package includes measures that would:

  • require all banks doing business in New York State to inform account holders of the existence and purpose of the state's Holocaust Claims Processing Office (A.1912; Passed Assembly);

  • create the New York State Banking Holocaust Advisory Board that will, after consulting with the appropriate organizations, make recommendations on how better to serve the victims and families of Holocaust survivors (A.2326; Passed Assembly); and

  • mandate the state superintendent of banks to submit annual reports on the activities of the Holocaust Claims Processing Office (A.1911; Passed Assembly/ S.2477; Banks).



CHILDREN AND FAMILIES

Permanency This bill would facilitate permanency planning for children in foster care and bring New York more affirmatively into compliance with federal guidelines mandated in the Adoption and Safe Families Act (ASFA) and requirements under Title IV-E of the Social Security Act. (A.7225-A / S.5805; Chapter 3)

Child Custody The bill would allow a relative of a child who has been in foster care for less than 12 months to petition for custody of such child and be awarded custody unless the court finds it is not in the best interests of the child. (A.7223-A / S. 4060-A; Chapter 671)

Child Support Collection This bill would extend for two years, until June 30, 2007, the authority of the Department of Tax and Finance to enforce and collect court ordered child support or combined spousal and child support when arrears are more than four months past due until June 30, 2007. (A.7295 / S. 7295; Chapter 116)

Child Support Court Order The bill would expedite the legal process to ensure that child support is properly paid. The measure would authorize a judge, in a paternity suit, to immediately issue an order to pay child support after the court has determined who the child's parents are. (A.8112-A / S. 5223-A; Chapter 576)

Child Abuse Reporting This bill would require firefighters to report child abuse or maltreatment. (A.8621 / S.2413; Veto 81)

One Family, One Judge The bill would ensure "one family, one judge" in court proceedings, such as adoption, surrender and termination of parental rights. This bill would establish continuity in cases where the court aims to provide children in foster care with a permanent home through adoption or return to their families. (A.8655; Passed Assembly)

Attorney Independence This bill requires that no attorney or law firm shall represent both adoptive or birth parents and authorized agencies in the placement of abandoned children. (A.8690 / S.2890; Veto 98)

Out-Of-State Child Placement The bill would increases the oversight, control and accountability of children placed in out-of-state programs and facilities. (A.8923-A / S.5810; Chapter 392)

Clergy Reporting This bill would add clergy to the list of individuals who are required by law to inform the state child abuse hotline when they become aware of these types of incidences. The measure also would require information of abuse committed by an official of a religious organization to be reported to law enforcement. Under the bill, violators who fail to report incidents of child abuse would face a class A misdemeanor, punishable by up to one year in jail. (A.912; Passed Assembly)



CITIES

Energy Cost Savings/Lower Manhattan Energy Program (ECSP/:MEP) This bill would provide special rebates and discounts to commercial and industrial firms under the state's energy cost savings program and the lower Manhattan energy program. (A.7384-A / S.3483-A; Chapter 149)

Yankee Stadium Development This bill would authorize and require that parkland of at least equal value be identified to replace those lands being alienated in the construction of a new Yankee Stadium. The legislation also will allow for the development of parking facilities that will benefit stadium patrons. The measure is part of an initiative to stimulate economic development, job opportunities and additional recreational facilities in the Bronx and the New York City area. (A.8932 / S.5818; Chapter 238)



CODES/ Corrections

Rockefeller Drug Law Reform II This bill would reform the state's drug laws by requiring drug-abuse treatment for most drug-addicted defendants, by moderating potential sentences for certain lower-level, non-violent drug offenders and by increasing sentences for major drug dealers.

Under the bill, prosecutors would get the first chance at deciding whether less serious drug offenders would be diverted from prison to drug-treatment programs, such as the prosecutor-run Drug Treatment Alternatives to Prison (DTAP) programs.

Judges also would have discretion to sentence offenders to a Court Approved Drug Abuse Treatment (CADAT) program in certain circumstances. Persons charged with certain crimes, including some involving a minor or crimes involving violence, would be disqualified from the CADAT program. The bill provides for drug abuse treatment in prison, as well as post-release treatment and supervision, including on going testing for drug abuse.

The legislation would allow certain class A-II and B drug offenders currently in prison to seek re-sentencing under sentencing reforms enacted in 2004. The legislation increases the weight threshold for certain class B, C- and D-level narcotic offenses in a manner similar to the changes made for more serious offenses in the 2004 reform. Sentences of supervised probation are authorized for certain offenders convicted of crimes involving possession of less than one-eighth of an ounce of a narcotic drug. The current evidentiary "presumption," which applies to other occupants present when a controlled substance is found in either an automobile or room, is changed to a "permissible inference."

The legislation also creates three new crimes: 1) trafficking through a controlled substance organization; 2) criminal possession of a weapon while selling or attempting to sell a controlled substance; and 3) selling or attempting to sell a controlled substance with the aid of a minor.

In addition, the bill requires the state comptroller to determine the monetary savings created by the enactment of these provisions so that the state may reinvest these savings in treatment and other criminal justice programs. (A.8098; Passed Assembly)

Comprehensive Anti-Methamphetamine Package: This legislation contains numerous provisions to combat the growing problems of methamphetamine manufacturing and addiction in New York. It would make the theft of anhydrous ammonia or the possession of stolen anhydrous ammonia, when possessed or stolen with intent to manufacture methamphetamine, a class E felony. It also allows felony prosecution for the possession of certain methamphetamine ingredients with intent to manufacture the drug. The bill also criminalizes unlawful disposal of hazardous material created in the manufacture of methamphetamine.

Further, the bill requires that educational materials be prepared and given to mandated reporters charged with the reporting child abuse and to other officials and persons who work with children and other vulnerable populations. It requires coordination among police, emergency services personnel and the Department of Environmental Conservation when a methamphetamine lab is discovered, so that a criminal investigation can commence and a proper environmental clean up can occur. A statewide registry is created to assist law enforcement entities in identifying and tracking investigations involving illegal methamphetamine production. In addition, the bill also would allow violators to be held civilly liable for the cost of the cleanup and remediation of methamphetamine lab sites. (A.9002/S. 5920; Chapter 394)

Sex Offender/Megan's Law Legislative Package The Assembly continued its efforts to protect the public from sexual offenders by approving legislation that would:

  • provide that offenders who fail to register or verify their status as sex offenders will have the period of this failure to register or verify added to the duration of registration after the completion of any new jail or prison term (A.1342; Passed Assembly);

  • provide for public disclosure of any aliases used by level a 2 or 3 sex offender (A.2664 / S.493-A; Chapter 318);

  • authorize hearings in absentia for sex offenders to facilitate Megan's Law requirements (A.3758-A / S.1168-A; Chapter 684);

  • establish a special indictment procedure for suspects identified only by DNA evidence, thereby ensuring prosecution when the "John Doe" suspect is ultimately caught (A.7607; Passed Assembly); and

  • mandate that police officers visit the residence of any sex offender subject to the Megan's Law registration requirements who does not file a timely verification form confirming the offender's address (A.7707; Passed Assembly).

Child Sex Abuse Victims The bill would extend the current statute of limitations by five years so it would not begin to run until the victim turned 23, thus allowing prosecutors to indict the alleged perpetrator until the victim reaches age 28. The bill aims to give prosecutors a greater opportunity to pursue these cases, including instances in which youths are assaulted by people with authority over them and the youths are reluctant to come forward before the statute of limitations expires. The bill also extends the time within which these victims could bring a civil lawsuit seeking monetary compensation (A.8705; Passed Assembly)

Electronic Monitoring Of Sex Offenders This bill would provide that in cases involving a sex offense against a person under age 16, a person sentenced to probation who is designated a level three offender must be subject to electronic monitoring throughout the probationary term, unless the court determines that electronic monitoring is unnecessary. Similar provisions for electronic monitoring are enacted for persons under supervision after completion of their prison terms. (A.8507; Passed Assembly)

Statute Of Limitation Elimination This bill would eliminate the statute of limitation in certain criminal and civil cases in which DNA evidence connects the defendant to the commission of a sexual assault. (A.8416; Passed Assembly)

Sex Offender Registration Extension This bill would empower district attorneys to petition sentencing courts to extend the period of registration under Megan's Law in 10-year increments to a maximum life term for any offender not already subject to lifetime registration under the statute (A.8369; Passed Assembly)

Current Sex Offender Photo This bill would require that a photograph be taken of a released sex offender when the offender files required registration information under Megan's Law. Photographs currently found on the registry are sometimes mug-shots taken prior to incarceration that do not accurately reflect any changes in the individual's appearance. This bill would help ensure that the public has access to up-to-date photos of these registered sex offenders. (A.1159; Passed Assembly / S.2843; Crime Victims and Crime And Correction)

Tracking Sex Offenders This bill would require persons acquitted of sex crimes by reason of insanity to nonetheless register under Megan's Law after release from custody and in-patient treatment. (A.966; Passed Assembly / S. 2797; Rules)

Sex Offender Release Notification This bill would require the Department of Correctional Services (DOCS) to notify local social services officials when any moderate-risk (Level 2) or high-risk (Level 3) sex offender being released from prison intends to seek homeless housing assistance from a social services district. (A.6790 / S.4000; Chapter 410)

Sex Offender Internet Notification This bill would expand the distribution of information on Level two offenders (those determined by the court to be at moderate risk of re-offense) by posting it on the Internet. The legislation also would permit notification concerning Level one (low risk of re-offense) offenders to schools and other institutions serving vulnerable populations. (A.8370; Passed Assembly)

Sex Offender Prohibited From Ice Cream Truck Employment This bill would prohibit sex offenders who are required to report to the state sex offender registry from working on or operating a motor vehicle for the purpose of the retail sale of ice cream or frozen dessert products. (A.2550-B; S.2795-B; Chapter 604)

Vulnerable Population Notification This bill would require law enforcement agencies to maintain a list of entities with vulnerable populations that may be notified when a sex offender is determined to pose a risk to public safety. (A.2252-A / S5753-A; Chapter 680)

Sex Offender Banned From Community Service This bill would prohibit felony sex offenders from participating in community work crews operated by the state Department of Corrections. (A.3156 / S.966-A; Chapter 252)

Sex Offenders Banned From School Grounds This bill would prohibit any Level three sex offender placed on probation, conditional release or parole from being on school grounds or certain other facilities where children are cared for. (A.8894 / S.479-A; Chapter 544)

Amber Alert This bill would enhance the state's "Amber Alert" program by directing the state Division of Criminal Justice Services to help ensure that Amber Alert systems are developed in every area of the state. (A.8312 / S.5470; Chapter 348)

Child Luring This bill would criminalize the act of luring a child for the purpose of committing a serious crime. Under the bill, individuals convicted of child luring could be convicted of a class D or C felony and sentenced to up to 15 years in prison. (A.2467; Passed Assembly)

Camp Counselor Screening The bill would require children's overnight camps, day camps and traveling day camps to determine whether a prospective staff member is a registered sex offender before making any hiring decision. (A.5209 / S.2803; Chapter 260)

Good Conduct Ban This bill would eliminate the ability of violent felons to receive a "certificate of good conduct" or a "certificate of relief from disabilities" in order to carry legally a gun. Currently, convicted felons may lawfully possess a rifle or shotgun and obtain a firearm license if they obtain a certificate of good conduct. (A.1170; Passed Assembly / S.2187; Codes)

Domestic Violence This bill would require that judges in a criminal or family court proceeding inquire if the defendant owns a firearm and the location of the gun. Judges could then order the surrender of the firearm as a condition of any order of protection issued. (A.2404; Passed Assembly)

Gun Trafficking This bill would impose penalties on gun dealers guilty of dumping guns into the illegal market and significantly increases criminal penalties for illegal gun possession and sales. (A.2345; Passed Assembly)

Assault Weapon Ban This bill would expand the legal definition of assault weapons to strengthen the state's law that prohibits these deadly, military-style guns. (A.2466; Passed Assembly)

Sniper Rifle Ban This bill would ban the civilian possession, sale and use of military style .50-caliber weapons. These sniper rifles are capable of disabling armored personnel carriers used by the military and can shoot down aircraft at more than a mile away. (A.4471; Passed Assembly)

Armor Piercing Bullets This bill would strengthen the civilian ban on "armor piercing ammunition," as well as outlaw "frangible ammunition" and "devastator ammunition." This type of ammunition is designed to fragment or explode on impact. (A.2837; Passed Assembly)

Children's Weapon Accident Protection Act This bill would help protect children from accidental shootings by establishing new crimes involving the negligent storage of a weapon. The legislation also would require gun retailers to alert consumers about the new safe weapons storage requirements. Under the bill, individuals convicted of failing to store safely a firearm where a serious injury results could face prison sentences of up to seven years. (A.673; Passed Assembly)

Childproofing Firearms This bill would make it a class A misdemeanor for retailers to sell guns that are not child resistant. The measure would require that guns be equipped with certain safety features designed to make it difficult for an average five-year-old child to fire the weapon. (A.2302; Passed Assembly)

Community Policing

To ensure that the state and local law enforcement officers receive the support, guidance and incentives necessary to fight crime effectively, the Assembly approved legislation that would:

  • provide police officers in cities with a population of 100,000 or more an incentive to live in those cities by offering preferential access to certain forms of housing (A.2805; Passed Assembly);

  • authorize a salary increase for New York City police officers who speak foreign languages to help attract officers who can better communicate with the city's growing immigrant population (A.3938; Passed Assembly);

  • prohibit racial or ethnic profiling by police agencies (A.2486: Passed Assembly);

  • regulate the use of "no-knock" search warrants and enact other reforms of the search warrant process (A.6896; Passed Assembly); and

  • authorize the state Attorney General to investigate and prosecute instances of alleged police misconduct (A.2413; Passed Assembly).

Watercraft Operation Age This bill would raise the legal age for operating a personal watercraft or specialty prop-craft in from age 10 to 14 beginning in the summer of 2009. The bill also would require that children between the ages of 14 and 18 obtain a boater safety certificate. (A.1477-A / S. 4129; Chapter 248)



CONSUMER AFFAIRS AND PROTECTION

Security Breach Notification This bill would require state agencies and businesses to notify individuals of the potential acquisition by an unauthorized person of vulnerable personal information. (A.4254-A/S.3492-A; Chapter 442)

Credit Card No Balance Fee This bill would prohibit credit card, debit card or secured credit card issuers from imposing a finance charge on a card holder who elects not to carry a credit balance from one billing cycle to the next. (A.3558; Passed Assembly)

Sunscreen Effective Date The bill would require sunscreen products to be labeled conspicuously with a "best if used before' date and storage recommendations. The bill aims to inform consumers when a sun-screen product is no longer providing protection from the harmful rays of the sun. (A.983-A; Passed Assembly / S.5475; Consumer Protection)

Anti-Phishing Act of 2005 This bill would establish the Phishing Act of 2005 to allow the attorney general, or any person engaged in the business of providing Internet access to bring a civil action against "phishers." Under the bill, phishers are individuals who send e-mail messages to unsuspecting Internet users falsely claiming to be an established legitimate enterprise in an attempt to scam the user into disclosing private information that will be used for identity theft. (A.8024-B; Passed Assembly / S. 5370; Rules)

Air Bag Sales This bill would require motor vehicle dealers and manufacturers to offer airbags for sale and installation, either as standard equipment or as an individual item, without requiring the consumer to purchase them as part of a package on new automobiles. (A.654; Passed Assembly)

Fraudulent Caller ID Use The bill would prohibit individuals from misrepresenting their actual identity and or phone number that appears on a caller ID device. (A.7925-A /S.1075-A; Veto #50)

Rental Clothing Cleaning This bill would prohibit businesses from renting out clothing that has been previously worn unless the garment is dry cleaned before it is rented to the next customer. Under the bill, violators would face fines of up to $200 and $1,000 for the first and second offenses respectively. (A.1551 / S. 3018; Chapter 64)

Farm Equipment Lemon Law The bill would require a one-year express warranty on farm equipment to cover all material defects. The measure also would provide a remedy process to allow consumers to seek redress if the manufacturer or dealer of the farm equipment refuses to undertake repairs. (A.6548-B / S.3314-A; Chapter 662)

Wireless Telephone Directory This bill would prohibit the disclosure or use of a wireless cell phone number for the purpose of creating a wireless directory without the permission of the owner. (A.7180-A / S.2963-A; Chapter 655)

Do Not Call List The legislation would provide protections against abuses of the current Do Not Call Law, which allows telemarketers to call consumers when there is an established business relationship. Under the bill, telemarketer calls to consumers where a business relationship exists would be prohibited when a consumer requests not to be called. (A.7710 / S.4180; Chapter 214)

Laser Pointers This bill would prohibit the sale of laser pointers to persons under the age of 18. (A.935; Passed Assembly)



CORPORATIONS

Public Authority Reform Act This bill would enact the "Public Authority Reform Act," which would increase accountability, deter misconduct and reduce waste and inefficiency at the more than 730 state and local public authorities and affiliates. Under the bill, a statewide independent inspector general and independent budget officer would be created and each authority would be required to appoint a central procurement office to monitor procurement lobbying contracts. (A.9007 / S.5927; Delivered to Governor)

Unlisted Telephone Number This bill would provide an unlisted telephone number at no additional charge to victims of domestic violence with an order of protection. (A.617; Passed Assembly/S.1553; Energy & Telecommunications)



ECONOMIC DEVELOPMENT

‘Marshall Plan’ For Lower Manhattan Development The bill would provide economic- development incentives and assistance to help Lower Manhattan rebuild and revitalize its businesses and neighborhoods as it continues to recover from the devastation caused by the attacks on September 11, 2001. Included in the bill are incentives that would permanently eliminate the Commercial Rent Tax (CRT) for all Ground Zero tenants; provide a five-year exemption of the CRT for all of Lower Manhattan; and modify the Relocation and Employment Assistance Program (REAP) to make businesses relocating to Lower Manhattan eligible for the tax credits, while the benefit for businesses leaving Lower Manhattan will be at the discretion of the city.

In addition, the bill would provide a $5-per-square-foot incentive for the first 750,000 square feet of commercial space leased anywhere on the World Trade Center site and a $3.80-per-square-foot incentive for the first 750,000 square feet of commercial space leased at World Trade Center Seven. (A.9010 / S. 5930; Chapter 2)

Interstate Wine Shipments This legislation would authorize the direct interstate and intrastate shipment of wine produced in New York State. The measure limits the number of cases a winery may ship to a customer in or outside of the state to 36 a year. (A.7379-C / S.1490-C; Chapter 210 and A.9004 /S.5925; Chapter 184)

Economic Development Assistance Programs This bill would require state economic development agencies to provide preferences to small businesses and entrepreneurs in the economic development assistance programs that they administer. (aA.521; Passed Assembly/S.2823; Commerce, Economic Development and Small Business)

Empire Zone Economic Development Reform The bill would reform the Empire Zone program to ensure that it will better address the economically distressed communities it was designed to help when the Assembly Speaker Silver proposed the program in 1999. In addition, the measure would authorize the creation of 12 new Empire Zones. (A.7298-C / S.4271; Chapter 63)

"Come Home To New York" This bill would create the "Come Home to New York" program to encourage the return of native New Yorkers to the state through a network of local outlets and resources designed to assist them in returning, relocating or starting a small business in New York. (A.8506; Passed Assembly)



EDUCATION

Comptroller's School District Accountability Plan This bill would establish better fiscal accountability for school districts by requiring districts to adopt several reform measures aimed at improving oversight of district financial records. Included in the bill are provisions requiring voting members of school boards to complete a training program within the first year of their term, establish an internal audit function and audit committee, and require that the external auditor be selected through a competitive process. (A.6082-B/ S.5050-A; Chapter 263)

School District Accountability This bill would allow the Office of the State Comptroller to expand its financial oversight of every school district, Board of Cooperative Educational Services (BOCES) and charter school in the state. (A.6761-B / S.890-B; Chapter 267)

School District Theft This bill would authorize civil penalties against people found guilty of theft from a school district. The bill also would require municipal officers or employees whose spouse has an interest in an agreement with the municipality to disclose this relationship. (A.2827; Passed Assembly)

Whistle-Blower Protection This bill would provide protections to school employees who, having reasonable cause to suspect that fiscal practices violate the law, report this information. The measure would protect whistle-blowers from civil liability and retaliation from their employer or other employees. (A.8925; Passed Assembly)

Dignity For All Students Act This bill would enact the "Dignity for all Students Act" to prevent harassment and discrimination of students on school grounds, based on a person's actual or perceived race, national origin, ethnic group, religion, disability, sexual orientation or gender. (A.4963; Passed Assembly)

Student Inhaler This bill would allow students who are afflicted with asthma to keep an extra inhaler in school upon the written request of a pupil's parent or guardian. The measure would require that the inhaler be left in the care of the school nurse. (A.2767-C / S. 3369-A; Chapter 319)

Immunization Lists This bill would eliminate inconsistencies between the Education and Health law by deleting the second incomplete list of required immunizations for students contained in the Education Law. Under the bill, parents and schools would no longer be misinformed about immunization requirements because of an incomplete list or have to check two different places to make sure that they have the complete list. (A.314-A / S.3165-A; Chapter 659)

Sunscreen Application This bill would allow students time to apply sunscreen and other protective gear before participating in activities where they will be exposed to the sun. The bill also would require that elementary level students be instructed in the prevention of skin cancer. (A.8737 / S. 5659; Veto #53)

School Cleaning Products This bill would require schools to purchase and use environmentally sensitive cleaning and maintenance products. (A.8742 / S.5435; Chapter 584)



ELECTION LAW

Help America Vote Act (HAVA) To bring New York State into compliance with the federal Help America Vote Act and make it eligible for more than to $200 million in federal funds, the Assembly approved legislation that would:

  • set identification requirements for new voters who register by mail and have not previously voted in a federal election. Forms of appropriate identification include a driver's license or a DMV non-driver photo ID card, the last four digits of an individual's Social Security number or a copy of a current utility bill, bank statement or government document that shows the name and address of the voter (A.8928 / S.5820; Chapter 160);

  • require that the local boards of elections verify a voter's identity before allowing a voter to cast a vote on a voting machine. (A.8930 / S.5819; Chapter 179);

  • establish mandatory standards that all machines must meet if they are to be used in New York State and allow local boards of elections to pick any machine that meets these standards. The bill requires regular training for poll workers, increases their pay for attending those training sessions and requires a public campaign to educate voters on the new voting machines and other changes affecting voters at the polls on election day (A.8969 / S.5877; Chapter 181);

  • create the Election Administration Consolidation and Improvement Act, which would place the responsibility for the care, custody and control of voting machines with the local boards of elections. It would require election inspectors, poll clerks and election coordinators to receive training and requires the county to be responsible for paying all poll workers and other costs associated with the administration of elections. (A.8931 / S.5822; Chapter 180);

  • initiate a statewide administrative complaint procedure (A.6655 / S.3517; Chapter 23); and

  • establish a statewide voter registration list that would be created by combining the registration lists currently maintained by local boards of elections into one list maintained by the state board of elections. The adding or removal of names will continue to be done only by the local board of elections (A.6733 / S.3604-A; Chapter 24).

Public Campaign Financing Reform Act 2005 This bill would allow statewide and state legislative candidates running in primary and general elections to be eligible for public financing. Under the bill, the races would be funded by a $3 check-off on state income tax returns. The bill also would restrict private and special interest contributions to candidates in primaries and general elections for these offices and allow localities to request the authority to create their own optional public campaign financing programs.

In addition, the bill would ban fundraisers held on behalf of candidates for statewide office or legislative candidates within 40 miles of the Capitol building in Albany during the legislative session, which usually runs from January to July. (A.4; Passed Assembly)

Board of Elections Governance This bill would resolve long standing partisan problems at the state Board of Elections by creating an efficient mechanism for filling vacancies on the board. It would require the state Board of Elections to appoint two co-executive directors and also set the co-executive directors' salary (A.8929 / S. 5821; Chapter 220)

Polling Places This bill would require polling places to be accessible to voters with physical disabilities. (A.120; Passed Assembly)

Braille Voter Ballots This bill would require that voting ballots be made available in Braille upon the request of a blind or visually impaired voter (A.1852; Passed Assembly).

Domestic Violence Victim Confidentiality This bill would protect victims of domestic violence by authorizing that their election registration records be kept confidential. (A.1221; Passed Assembly / S.2914; Rules)



ENERGY

Low-Cost Power This bill would extend and strengthen the state's low-cost power programs that provide energy cost savings to businesses to encourage the creating and manufacturing of jobs throughout New York State. The legislation continues several energy programs that were scheduled to expire. It also would allow the New York Power Authority (NYPA) to continue providing low-cost power to businesses throughout the state, including Western New York; Jefferson, St. Lawrence and Franklin Counties; and Lower Manhattan. (A.8960 / S.5866; Chapter 313)

Fuel Cell Credit This bill would provide tax credits for the purchase and use of fuel cell electric generating equipment. (A.5881-B / S.2994-B; Chapter 446)

Alternative Fuel Refueling Stations This bill would increase the use and ease of operating alternative fuel vehicles by requiring the New York State Thruway Authority to provide refueling stations every 120 miles. Under the bill, the Thruway Authority would be required to accommodate vehicles fueled by electricity, propane, hydrogen and ethanol. (A.2717; Passed Assembly)

Farm Electricity Efficiency This bill would prohibit electric utilities from imposing any fee, penalty or charge or any restriction on farmers using an on-site electric generating power unit to meet their energy needs. This prohibition would apply whether or not the farmer continues to be connected to the electric distribution system. (A.2720; Passed Assembly)

Energy Reliability Standards The bill requires the PSC to conduct proceedings to establish minimum reliability standards for New York State's electric systems and to enforce those standards. The standards must meet a certain minimum level of reliability and require mandatory compliance in order to avoid major power failures such as the Blackout of 2003. (A.5811; Passed Assembly)

Energy Appliance Efficiency This bill would establish the Energy Efficiency Standards Act of 2005. It would require the Secretary of State and the New York State Energy Research and Development Authority (NYSERDA) to establish new appliance energy efficiency standards, such as regulating the amount of electricity drawn by appliances that are plugged in but are turned off. (A.8757-B / S.5614-A; Chapter 431)



ENVIRONMENTAL CONSERVATION

Bottle Bill Expansion The bill would expand the bottle bill to include all beverage containers with the exception of those containing liquor, wine, infant formula and milk. In addition, the measure requires the return of unclaimed deposits on beverage containers to the state, which would be deposited in the Environmental Protection Fund (EPF). (A.2517-A; Passed Assembly /S.1290-A; Environmental Conservation)

Wetland Protections This bill would strengthen and enhance the state's wetland protection laws by expanding the Department of Environmental Conservation's (DEC) regulatory jurisdiction. The current law restricts DEC's oversight of wetlands to areas that exceed 2.4 acres. Under the bill, DEC would be authorized to oversee wetland areas of 1 acre (or smaller, if adjacent to a water body or of special significance), in order to ensure the continued protection of wetlands, which were previously regulated by the federal government. (A.2048; Passed Assembly/ S.2081 Third Reading)

State Agencies Environmental Cleanups This bill would ensure state agencies complete environmental cleanups by allowing for actions against agencies and their heads for failure to develop and carry through on remedial plans. (A.1833; Passed Assembly)

Environmental Impact Statement This bill would require that environmental impact statements be posted on a publicly available Internet website. To avoid undue hardship on local governments, the bill only requires that the impact statement be posted when such a public site on the Internet exists. (A.7603 / S.5786; Chapter 641)

Wild Animal Pet Ban This bill would ban wild animals as pets and streamlines the process that allows owners to keep their existing wild animals. The bill also establishes guidelines concerning the qualifications of persons and organizations who may continue to possess wild animals. (A.2338 / S.1853; Chapter 10)

Wastewater Usage This bill would promote the reuse of reclaimed wastewater for beneficial, non-potable purposes, including but not limited to agricultural and landscape irrigation, commercial and industrial uses and wetland maintenance purposes. (A.7280-B / S. 4471-B; Chapter 619)

Internet Hunting Outlawed This bill would prohibit the shooting or spearing of targets or animals from a remote location over the Internet. The legislation bans the creation or maintenance of a website or hunting gallery from any location within this state for the purpose of shooting a target or animal over the Internet. (A.7032 / S.2822-A; Chapter 653)

Earth Day Package

Electronic Waste This bill would establish a recycling program for electronic devices such as computers and cell phones. (A.1454; Passed Assembly/S.1287; Environmental Conservation)

State Pesticide Phase-out This bill would provide for the phase out of state use of pesticides on state property and for state agency pest management plans. (A.1802-A; Passed Assembly)

Open Burning This bill would prohibit the open burning of solid waste. (A.3073; Passed Assembly)

Emission Restrictions This bill would limit the carbon dioxide emissions of electric generating plants to 25 percent less than the 1990 level by 2009. (A.4459; Passed Assembly)

Waste Handler Responsibilities This bill would identify the obligations a waste hauler has in the handling of recyclable materials and specifies the materials that are to be separated for recycling. (A.4973; Passed Assembly)

Health Study The bill would require DEC to notify the Department of Health to conduct a health study in cases where a facility becomes a major source of air pollution and repeatedly exceeds emissions limits. The measure also requires a health study to be conducted when DEC permit conditions are altered to allow higher emissions. (A.5328; Passed Assembly)

Mercury Pollution This bill would cut down on the mercury pollutants that power plants and incinerators emit by 90 percent before 2012. (A.6484; Passed Assembly)

Mercury Prohibition This bill would ban devices containing mercury, including thermostats, switches, relays and measuring instruments. (A.6850-A / S.4469-A; Chapter 676)

Pollution Prevention Assistance This bill would authorize the DEC to assist small businesses in complying with the state's anti-pollution laws. (A.6852-C/ S.2828-D; Chapter 654)

State Environmental Quality Review Act (SEQRA) The bill would allow individuals to challenge SEQRA determinations without regard to whether the project affects an individual or the public at large. (A.114; Passed Assembly/S.2380; Environmental Conservation)

Petroleum Discharges This bill would require operators of gasoline and oil storage facilities to implement plans and to install equipment for the prompt detection of petroleum discharges. (A.904; Passed Assembly)

Reducing Exposure To Creosote This bill would prohibit the manufacture and sale of creosote, a potentially hazardous wood preservative derived from coal tar. (A.8478-A / S.5419-A; Veto #119)



GOVERNMENTAL EMPLOYEES

Agency Shop (Rights Of Public Employees) This bill would extend the right of public employee organizations to collect union dues or agency shop fees through payroll deductions for two or more years. (A.2347 / S.1217; Chapter 31)

Health Insurance Coverage For School District Retirees This law extends for one year the law protecting health insurance coverage for school district retirees. (A.3328 / S.1711; (Chapter 16)

Pay Equity Package For the eighth consecutive year, the Assembly has taken action on a legislative package in an effort to end wage discrimination. Included in the package is legislation that would:

  • help achieve pay equity for all New Yorkers by implementing a state policy of equal compensation for work of comparable worth for employees in state service (A.305 Passed Assembly);

  • makes it a discriminatory practice for public employers to compensate employees of opposite sexes differently for work that is of comparable worth (A.1470; Passed Assembly);

  • prohibits discriminatory salary practices, especially in traditionally female-dominated occupations (A.2825; Passed Assembly); and

  • enacts the New York State Fair Pay Act to ensure pay differentiation is not based on a person's sex, race or national origin (A.3637; Passed Assembly).

Retirement Benefits This bill would prohibit the reduction of health-insurance benefits for public employee retirees. (A.3216-B / S.5758; Veto 45)



GOVERNMENTAL OPERATIONS

Ethics Loophole Closed This bill would close the loophole that allows state and legislative employees to escape ethics investigations by simply leaving their jobs. The bill also would expand the jurisdiction of the state Ethics Commission and the Legislative Ethics Committee to encompass former employees or officials within one year after they leave service. (A.4975; S.5848; Chapter 165)

Genetic Discrimination This bill would prohibit discrimination in employment based on speculation about genetic predispositions founded on personal or family information, as well as known predispositions. (A.3107; Passed Assembly/ S.2777; Chapter 75)

Ballistic Data The bill would help identify guns that are involved in crimes by requiring law enforcement personnel to submit ballistic information to the new state ballistic identification databank whenever bullet shell casings or guns come into their possession (A.2213; Passed Assembly).

Victim Notification This bill would provide ways for crime victims to stay informed about the status of their offender by making victims aware of how to get updated information about an inmate. Under the bill, the district attorneys would be mandated to consult with a victim of violent crimes on the disposition of their case and notify victims of the final disposition. In addition, the bill would require the district attorney of the county where the incarcerated inmate was prosecuted be notified of the inmate's release. (A.714-B / S.5092; Chapter 186)

Procurement Lobbying This bill would expand the definition of lobbying to include any effort to influence the action of any state or municipal official, regarding procurement of goods or services, construction and the sale or purchase of land. This includes efforts to influence the implementation of rules and regulations, as well as tribal state compacts and executive orders. (A.9-C; Passed Assembly) (A.8964 / S.5873; Chapter 1)

Not-For-Profit Contracting This bill would require that not-for-profit organizations that are under contract with a state agency be notified in a timely manner when their services will not be renewed by the state. (A.3454-A / S. 1893-A; Veto 25)

Photographing Open Meetings This bill would allow any meeting of a public body to be recorded, broadcast and photographed, provided that it is done in a way that is not disruptive to the meeting. (A.90; Passed Assembly)

FOIL Enhancement This legislation would close a loop hole in the Freedom of Information Law that allowed state agencies legally to ignore requests for information about state government by simply failing to issue a denial. Under the measures, an agency's failure to reply to a FOIL request would be defined as a denial and thereby trigger an appeals process that requires an agency to respond. One of the two bills approved by the Assembly would require all state entities to comply with this new FOIL provision (A.5625; Passed Assembly), while the second bill exempts the Legislature. (A.6714 / S.3460; Chapter 22)

Fees For FOIL Violations This bill would allow the courts to assess fees on state agencies as a penalty for the wrongful denial of information under the FOIL. Under the bill, the fees would be imposed to allow for the recovery of reasonable attorney expenses and litigation costs. The bill aims to ensure the state's compliance with FOIL and advances principles of open government and public accountability. (A.1675; Passed Assembly)

Open Meetings Law This bill would strengthen the open meetings law by providing the courts with alternative sanction to impose when any aspect of a meeting is closed in violation of the law. Under the bill, the court would be able to stay the implementation of an action decided behind closed doors and require that the measure be reconsidered in a public forum. The court also would be able to impose a fine of up to $500 for a violation of the open meetings law. (A.1258; Passed Assembly)

Carbon Monoxide Prevention This bill would require the installation of carbon monoxide detectors in multiple dwellings when a unit in the dwelling contains or is serviced by a gas-fueled or an oil-fueled appliance or device or a wood stove or has an attached garage. (A.2947 / S. 3059; Chapter 438)

First Responder Mapping Information The bill would establish a statewide first responder building mapping information system task force. The task force would make recommendations on how to design and operate a statewide system. (A.8072-A / S.5025-A; Veto 112)

Ammonium Nitrate The bill would require tighter control over the sale of ammonium nitrate, a common chemical compound used in fertilizer, but also the same chemical used to make fertilizer bombs in the 1993 World Trade Center and the 1995 Oklahoma City bombings. The bill would require detailed sales and registration records as well as measures to secure the storage of the compound to prevent theft or unauthorized use. (A.8387-A / S. 4496-A; Chapter 620)

Shirley Chisholm Day Of Honor This bill would establish a day of commemoration on November 30 for the birthday of Shirley Chisholm, a nationally recognized outspoken advocate for the rights of people who also served in the U.S. House of Representatives, New York State Assembly and was a candidate for U.S. president in 1972. (A.5830-C / S.3984-C; Chapter 445)

Military Loan Repayment The bill would permit a public retirement system to continue to suspend the repayment of a loan for one year when a member of the system is absent on military duty. The measure addresses the need to extend loan repayment periods to accommodate members who continue to serve in Iraq and Afghanistan. (A.7517 / S.5402; Chapter 150)

Religious Accommodation This bill would require the state to conduct a special administration of a licensing exam when a religious observance is on the same date as a licensing examination. Under the bill, the state would administer the exam 30 days before or after the scheduled test date to accommodate religious observances. These exams are necessary in a variety of professions, including medicine, accounting and teaching. (A.8367 / S.5213-A; Chapter 422)

Manufactured Housing Improvement Act The measure would require the state to establish a program to train or certify the installers of manufactured homes as well as a dispute resolution process. (A.8411 / S.5473; Chapter 729)

Plain Language Regulations This bill would require state agency regulations to publish plain language small business compliance guides. (A.6333-A / S.688-A; Veto 102)

Unlawful Discriminatory Practices This bill would enable complaints alleging unlawful discriminatory practices before the Division of Human Rights to be filed as class actions. (A.282; Passed Assembly/S.1743; Investigations & Government Operations)



HEALTH

Viagra Ban The bill would prohibit the public funding of prescriptions for medications such as Viagra, medical procedures or supplies intended to treat erectile dysfunction in registered sex offenders through state health insurance programs. Under the bill, this type of medical coverage would no longer be available to sex offenders through Medicaid, Family Health Plus, Child Health Plus, Healthy NY, individual enrollee direct payment contracts and EPIC. (A.8999 / S.5921; Chapter 645)

Cervical Cancer Prevention The bill would expand the Breast Cancer Advisory Council to include responsibility for cervical cancer. The bill would require the council to raise public awareness about the causes of cervical cancer, what preventative steps can be taken against the disease as well as the available diagnostic procedures, treatments and insurance coverage. (A.8827 / S. 5713; Chapter 430)

Hospital Infection Disclosure The bill would require hospitals to collect, maintain and report on infection rates for specified surgical procedures to the state Department of Health (DOH). Under the bill, DOH would be required to establish a statewide data base of hospital infection information and also report to the governor and the Legislature various trends and developments occurring in hospitals operating in New York State. (A.8698-A / S.5086-A; Chapter 284)

Defibrillator Training The legislation would require that facilities that can hold more than 1,000 people have at least one person trained in the proper operation of a cardiac defibrillator device. (A.112 / S.1074; Veto 23)

High School Defibrillator Instruction This bill would require that high school health classes teach students how to operate a defibrillator (A.236-A / S.1071-A; Chapter 315).

Breast Cancer Data This bill would authorize the use of funds from the Breast Cancer Research and Education Fund to be used by DOH to pay for the mapping of incidences of breast cancer. In addition, the bill would require that commercial pesticide applicators and sellers of restricted use pesticides to file their reports in electronic format or on scannable forms. This would significantly reduce the costs of administering the program and allow the state to produce a more timely and accurate annual report. (A.2264; Passed Assembly)

Emergency Contraception This bill would designate certain medical professionals to dispense emergency contraception "over the counter." (A.116 / S. 3661; Veto 47)

Internet Drug Pricing This bill would require DOH to establish and maintain a database on its website enabling consumers to compare the retail drug prices of pharmacies. The website database would contain 150 of the most prescribed drugs and be searchable by zip codes and other factors. (A.5403-A / S.1936-A; Chapter 293)

Criminal Background Check The bill would require DOH to review the criminal history information of prospective employees of nursing homes and home care service agencies. (A.2003-B / S. 4371-A; Delivered to Governor)

Infant Protection This bill would require hospitals and clinics to inform patients of the provisions of the Abandoned Infant Protection Act. (A.3812-A / S.3827-A; Chapter 439)

Volunteer Emergency Service The bill would provide immunity from liability for persons who provide voluntary emergency services and receive service awards. (A.5620 / S. 758; Chapter 290)

Patient Safe Handling This bill would establish a demonstration program that would provide for the implementation of safe patient handling programs in health care facilities throughout New York State. (A.7641-A / S. 4929-A; Chapter 738)

Medicaid Drug Rebates This bill would establish a Medicaid drug rebate remittance demonstration program within DOH to maximize prescription drug rebate revenue to the state. (A.8869 / S.5385; Veto 66)

Insurance Coverage This bill would require insurers providing family health insurance to offer coverage for the domestic partner of an insured person. (A.2224; Passed Assembly)

Health Insurance Premium Hike This bill would mandate that the State Insurance Department (SID) conduct public hearings to review proposed insurance premium increases submitted by health maintenance organizations, not-for-profit and commercial insurers. (A.2518; Passed Assembly)

The Nursing Care Quality Protection Act This bill would establish the Nursing Care Quality Protection Act. Under the legislation, information about nursing staff levels at a health care facility would be provided to the public. The bill also would require facilities to disclose nursing quality indicators, and prohibits the use of the title "nurse" unless that person is licensed under Article 139 of the education law. (A.3543; Passed Assembly/ S.53; Health)

Midwives Authorization This bill would extend professional privileges granted by hospitals to licensed midwives. (A.4121; Passed Assembly / S.4616; Health)

Vaccine Safety This bill would prohibit the administration of any vaccine containing more than a trace amount of mercury. The legislation aims to minimize the health risks associated with mercury, which is used in some vaccines as a preservative. (A.5543-C / S. 2707-C; Chapter 603)

Medical Records This bill would provide notification to patients about the availability of their medical records for a period of six years, and that they cannot be denied copies if they are unable to pay a processing charge. (A.464; Passed Assembly/S.5018; Health)

Flavored Cigarettes The bill would prohibit the sale of flavored cigarettes. The bill bans the sale of flavored cigarettes to protect the health of minors and to prevent young people from being lured into the habit of smoking with the same marketing and product packaging strategies that are used to sell candy. (A.3983; Passed Assembly/ S.1952; Health)

Chemical Additives in Cigarettes This bill would require cigarette manufacturer to disclose chemical additives in cigarettes. (A.11622; Passed Assembly)

Smoking Ban This bill would prohibit smoking in dormitories, residence halls and other group residential facilities. (A.420-B; Passed Assembly)



HIGHER EDUCATION

Accounting Reform The bill would expand the scope of practice for public accountants, increase oversight of the profession by the state Education Department and prohibit the practice of providing both audit services for clients in which licensees have financial interest and non-audit services for publicly traded corporations or governmental entities for which audit services are being provided. The measure would address potential conflict-of-interest concerns within the accounting field. (A.8358; Passed Assembly)

Flight 587 Memorial Award This bill would establish a memorial award that would be in the amount reflecting the annual tuition at the State University of New York (SUNY) or City University of New York (CUNY). Similar scholarships are already available to individuals victimized by the attacks on the World Trade Center as well as to the loved ones of veterans killed while serving in the armed forces and to police officers and firefighters killed in the line of duty. (A.7150 / S. 1259-A; Chapter 412)

Contact Lens Restrictions This bill would require that non-corrective, cosmetic contacts to be dispensed by prescription only. (A.6394-A / S. 317-A; Chapter 647)

Student Loan Collection This bill would allow the state Higher Education Services Corporation (HESC) to receive information from the state Department of Taxation and Finance to help in the collection of payments on defaulted student loans. (A.8717 / S.5546; Chapter 748)



HOUSING

Mitchell-Lama Tenant Protections This bill would protect Mitchell-Lama tenants by extending the Emergency Tenant Protection Act of l974 to cover buildings that were owned by limited-profit housing companies that voluntarily dissolved. This bill would ensure that existing tenants can continue to afford to live in their current apartments, while enabling project owners to collect rent increases more easily. (A.458; Passed Assembly)

Mortgage Buy-Outs This bill would require companies, aided by loans under Mitchell-Lama, to notify tenants residing in such housing of the possibility of a buy out from the mortgages held, and the potential for rent increases to occur no later than 12 months prior to the proposed dissolution. (A.459; Passed Assembly)

Limited-Profit Housing Companies This bill would extend from 20 to 50 years the time before which certain limited-profit housing companies (Mitchell-Lama) may not voluntarily dissolve without consent of the commissioner or of the supervising agency. (A.460 Passed Assembly)

Mitchell-Lama Preservation This bill would encourage housing companies to remain in the Mitchell-Lama housing program and protect those tenants in post-1974 Mitchell-Lama developments under rent stabilization if an owner buys out of the program. (A.2454; Passed Assembly/S.2061; Housing)

SONYMA's Bonding Authority This bill would extend until July 16, 2006, SONYMA's authority to purchase forward commitment mortgages and to issue new money tax-exempt bonds and new money taxable bonds. It also would increase SONYMA's bonding authority by $300 million. (A.8285 / S.4325; Chapter 121)

Housing Finance Administration's (HFA) Bonding Authority This bill would increase by $900 million HFA's bonding cap from $9.28 billon to $10.18 billion and would extend HFA's bonding authority from June 30, 2005 to June 30, 2007. (A.8283-A / S.5175-A; Chapter 124)

NYC Housing Development Corporation (HDC) This bill would extend the authority of the New York City HDC from June 30, 2005 to June 30, 2007 to enter into direct loan agreements with developers of low and moderate income housing, as well as joint financing programs with recognized lending institutions. (A.8283-A /S.5175-A; Chapter 124)

SONYMA's Mortgage Insurance Fund This bill would extend from July 16, 2005, to July 16, 2007, the powers of SONYMA's Mortgage Insurance Fund. (A.8288 / S.5210; Chapter 125)

SONYMA Rehabilitation Loans This bill would extend provisions of law relating to rehabilitation loans so that a greater variety of affordable housing may be rehabilitated under this program. (A.8552-A / S.5471-B; Chapter 309)

Housing Preservation And Development (HPD) This bill would extend until 2007 the authority of the New York City HPD to designate commercial corridors under the ANCHOR program. The legislation also would extend until 2009 HPD's authority to provide neighborhood-improvement loans to these corridors. (A.7423-A / S.4529-A; Chapter 415)

HDC's Bonding Authority This bill would increase HDC's bonding authority by $800 million, from $4.85 to $5.65 billion. (A.7929 / S.4778; Chapter 170)

Eviction Notice This bill would exclude non-business days, Saturday and Sunday, from the required 72 hour eviction-notice process. (A.1490; Passed Assembly/S.2652; Judiciary)

Rent Stabilization This bill would protect tenants living in Mitchell-Lama buildings initially occupied after January 1, 1974 by allowing localities in Nassau, Westchester and Rockland counties to extend rent stabilization to these buildings after they leave the supervision of the state. (A.2522; Passed Assembly)



INSURANCE

"Timothy's Law" This bill would require health-insurance companies to provide a level of coverage for the treatment for mental illnesses, emotional disorders and alcoholism and substance abuse that is comparable to the coverage currently provided for other physical ailments. The bill would eliminate the discriminatory practices of the health insurance industry that limit coverage for mental-health and chemical and substance-abuse treatment. (A.2912; Passed Assembly)

New York Property Insurance Underwriters Association (NYPIUA) This bill would make permanent the authority of NYPIUA to write homeowners' insurance/catastrophe insurance coverage, thereby ensuring that property owners in locations deemed to be "high risk" areas by insurance companies have continued access to property and casualty insurance. (A.750; Passed Assembly)

Theft Claims This bill would provide personal-privacy protections by restricting insurers from demanding intrusive personal, financial and tax information from insurance-policy holders. The measure would address the routine processing of ordinary theft claims where no special circumstances exist to warrant a demand for such information. (A.1226; Passed Assembly)

Discrimination In Offering Insurance Policies This bill would prohibit discrimination because of sexual orientation in offering insurance policies. The legislation would prohibit insurers from inquiring about an applicant's race, color, creed, sexual orientation and national origin or disability. (A.3268; Passed Assembly)

Worker's Compensation Fund Solvency This bill would ensure that the Workers' Compensation Security Fund remains solvent and continues to pay the claims of injured workers by authorizing the superintendent of Insurance to borrow money from liquidated estates of insolvent insurers. (A.7708/S.5248; Chapter 23)



JUDICIARY

Judicial Selection Reform This bill would ensure that justices serving on the state supreme court and in other judicial offices are chosen from a pool of candidates who are well qualified, ethical and committed to the fair administration of justice. Under the bill, the major political parties would be required to create screening panels in each judicial district. These panels would have to be approved by a newly created statewide Judicial Qualifications Board. (A.7; Passed Assembly)

Judicial Campaign Fund Raising Reform The bill would allow judicial candidates to have access to public campaign funds and set a $500 limit as the maximum individual contribution to a judicial race. (A.8; Passed Assembly)

HMO Reform This bill would hold HMOs accountable for making health care decisions. (A.5408 / S. 1548; Passed Assembly; Senate Rules)

Transfer On Death This bill would establish the Transfer On Death Registration Act. Under the bill, the ownership of an investment security could be arranged to transfer to a designated beneficiary upon the death of the owner. (A.5770 / S.1396; Chapter 325)

Court Index Number Purchase This bill would require the purchase of an index number before serving the summons to commence litigation in the lower trial courts. These include the New York City Civil Court, the District Courts on Long Island and city courts outside New York City. The measure would allow the court system to better allocate court resources. (A.7255-B / S. 4854-A; Chapter 452)

Court Equity Powers This bill would grant equity powers to the district courts on Long Island and to city courts outside of New York City to hear disputes over real property, such as in landlord/tenant matters. Under current law, only the higher courts, which are significantly more expensive to use, can issue injunctions or use equity powers. (A.7293 / S.3343; Chapter 337)

Homestead Exemption Increase The bill would increase the amount of the homestead exemption from $10,000 to $50,000. The homestead exemption is the amount of home equity that would be exempt from the satisfaction of a money judgment or shielded from creditors in a bankruptcy proceeding. This measure would ensure that more individuals in financial difficulty would be able to keep the family home. (A.8479 / S. 4582; Chapter 623)



LABOR

Breast Feeding This bill would protect women who need to express milk for the nourishment and health of their child during work-day hours from employer discrimination. The bill would require employers to make reasonable efforts to provide a location for women employees to express milk in privacy and also ensures a woman's right to express breast milk at work. (A.252; Passed Assembly)

Farmer Workers Protections The bill would create The Farm Workers Fair Labor Practices Act. The legislation would provide farm workers with basic employment rights, including being allowed one day of rest for every calendar week of work and receiving overtime pay when required to work in excess of eight hours a day. In addition, the measure would allow farm workers to be covered by Worker's Compensation Insurance. (A.1172-A; Passed Assembly / S. 5130; Labor)

Minimum Wage For Public Employees This bill would ensure that state and municipal government employees are eligible for the same fair wage provision of the minimum wage law enacted in 2004 to which employees in the private sector are entitled. (A.3162; Passed Assembly)

Labor Dispute This bill would extend for five years the alternative dispute resolution system to resolve workers' compensation claims through collective bargaining agreements. (A.5502 / S.2173; Chapter 649)

Prevailing Wage This legislation would ensure that all employees on public work projects and building service employees are entitled to the protections of the prevailing wage law and the state Department of Labor. These measures would require the disclosure of prevailing wage payment records as well as a written notification to workers that public projects require the payment of the prevailing wage. (A.6485-A / S.3251-A; Veto #117) (A.6625 / S.3284; Veto 85)



LIBRARIES

Revolving Loan Fund This bill would establish a low-interest revolving loan fund to help improve public library facilities. (A.3498; Passed Assembly)

Merge Incentives This bill would encourage library systems to cut administrative costs by providing supplemental state aid for library systems to consolidate and merge their operations. (A.3499; Passed Assembly)

Library Science Scholarships This bill would create a scholarship program for New York State Residents who agree to serve in a New York State Library for four years after completing their degrees. (A.1739-A / S.2510; Veto #93)

Aid Formula This bill would establish a library aid formula to stabilize funding for libraries and ensure they receive no less aid than they received in 2001. (A.7507; Passed Assembly)



LOCAL GOVERNMENTS

Comptroller Audit Response This bill would require that public entities such as municipal corporations and industrial development agencies provide a written response to audits performed by the Office of State Comptroller. The bill would ensure that the recommendations included in the state comptroller's audits, which evaluate how well the spending of taxpayer's money is accounted for, are not ignored. (A.3112; Passed Assembly)

Volunteer Firefighter Legislation

Volunteer Death Benefits This bill would increase death benefits for volunteer ambulance workers and firefighters. (A.7688/ S.593-A; Chapter 212)

Indemnification This bill would require municipalities and fire districts to provide defense and indemnification for firefighters for actions occurring in the line of duty. (A.1600; Passed Assembly /S.3246; Rules)

Health Benefit This bill would ensure that volunteer firefighters who suffer heart attacks while performing their duties are covered by the Volunteer Firefighters Benefit Law. (A.567-A / S.1404-A; Chapter 138)



MENTAL HEALTH

Kendra's Law Reauthorization The bill would continue Kendra's Law, which was set to expire on June 30, 2005, until the year 2010. In 1999, Kendra's Law was enacted to permit family members and caregivers, with the support of a physician, to obtain a court order to ensure that a mentally ill person follows his or her prescribed treatment plan. If the mentally ill person violates the court order by not adhering to the prescribed treatment plan, he or she could then be held for a 72-hour emergency evaluation to determine the need for more serious intervention. (A.8954/ S.5876; Chapter 158)

Non-Consenting Person Evaluation This bill would add case managers to the list of individuals authorized to report to county mental hygiene departments on the apparent need to have a non-consenting person evaluated and possibly hospitalized. The bill would ensure that individuals who may be suffering from a mental illness receive the medical attention they need to prevent injury to themselves and others. (A.2972 /S.2704; Chapter 192)

The Geriatric Mental Health Act of New York This bill would establish a process for the upgrading of the state's mental health infrastructure to ensure that the growing senior population receives adequate care for mental illness. (A.7672-B / S.4742-B; Chapter 568)

Surrogate Decision Making Program Extender This bill makes permanent the authority for the Commission on Quality of Care for the Mentally Disabled to contract with community dispute resolution centers for the provision of administrative support and assistance regarding the operation of the surrogate decision-making program. (A.8709 / S.5339; Chapter 126)



RACING AND WAGERING

Horse Racing Oversight Board This bill would establish a non-profit racing oversight board to improve the integrity of the state's racing and wagering operations. The board would consist of five members: three appointed by the governor, one by the Senate majority leader and one by the speaker of the Assembly. In addition to assuming the responsibilities of the Thoroughbred Racing Capital Investment Fund, the board would review and make recommendations on finances, accounting, internal controls and security related to the state's racetracks. The board also would approve competitive bidding on all concessions. (A.9000 / S.5923; Chapter 354)



REAL PROPERTY TAXATION

First-Time Homebuyers Tax Break This bill would provide a real property tax exemption for first-time homebuyers of pre-owned real property. The bill would allow localities to provide a partial tax exemption for a period not to exceed five years for first-time homebuyers of pre-owned homes. The maximum exemption would be 50 percent in the first year and would be phased out by 10 percent each year thereafter. Under the bill, localities would have the option of providing a lesser exemption and or an exemption for a shorter period of time. (A.6690; Passed Assembly / S. 1395; Rules)



SMALL BUSINESS

Enhance Small Business Access To Government This bill would help identify cost-effective ways to simplify access to state government for small businesses. (A.8633 / S. 5633; Chapter 283)

Business Regulations Study This bill would require the governor's Office of Regulatory Reform to examine the impact of proposed regulations on small businesses. (A.8634 / S. 5632; Chapter 637)

Pollution Compliance Assistance Fund This bill would establish the Small Business Clean Environment Fund to assist small businesses in obtaining loans from financial institutions for the acquisition of pollution-control equipment to achieve pollution-prevention and/or compliance with federal and state environmental laws. (A.2657; Passed Assembly)

Industrial Effectiveness Program This bill would assist small businesses through the Industrial Effectiveness Program in pursuing pollution-prevention funding opportunities and complying with federal and state environmental laws. (A.262; Passed Assembly)

Pollution Prevention Assistance The bill would require the regional offices of the Department of Economic Development to offer information and assistance to small businesses on environmental compliance and pollution prevention. It also would be required to provide technical and financial assistance to promote compliance with environmental standards. (A.6332; Passed Assembly)

Small Business Inventions and Discoveries This bill provides grants to small businesses and research institutions to translate discoveries and inventions into commercially viable products in New York State. (A.6431; Passed Assembly)

Small Business Innovation Grants This will would provide small businesses with grants to commercialize energy and environmental technology innovations in-state. (A.6758;Passed Assembly)

Energy Conservation Loans This bill would provide zero-and low-interest loans or loan interest rate reduction for energy improvement projects to stimulate the growth and development of small businesses and jobs. (A.8352; Passed Assembly)



SOCIAL SERVICES

Basic Education Bill This bill would expand access to basic, general education(GED) programs for public-assistance recipients. (A.5283; Passed the Assembly)

Food Assistance Program (FAP) The bill would repeal the eligibility requirements for FAP that violate constitutional Equal Protection rights. The measure would ensure that certain immigrants who are in need of food assistance, but are still ineligible for federal food stamps, can receive the assistance to which they are entitled. (A.7639-A; Passed Assembly)

Individual Education Program (IEP) This bill would extend until July 1, 2007 the authority of certain health clinics, approved by DOH, to bill Medicaid directly for the costs of IEP related services for eligible pre-school education students. (A.4248 / S.2163; Chapter 142)

Foster Family Care Demo Program This bill would extend the Foster Care Family Demonstration Program until December 31, 2007. (A.6683/S.4168; Chapter 101)

SSI COLA Pass-Through The bill would increase the eligibility standards for the state supplementation of federal supplemental security income (SSI) as well as the mandatory minimum benefit level. (A.7638 / S. 5757; Chapter 713)



TOURISM

State Official Ban From Media Advertising This bill would prohibit statewide elected officials from appearing in television, radio, Internet or print public-service announcements paid for by taxpayers. Under the bill, the likeness, picture or voice of a statewide elected official or a member of the official's family would be prohibited from appearing in public-service announcements produced or distributed by the state. In addition, the bill also would require state agencies to submit a 12-month advertising inventory to the governor, Assembly and Senate that fully discloses a public-service announcement's content, cost and distribution. (A.1231; Passed Assembly)

Ticket Scalping This bill would eliminate the "maximum price" restriction for secondary market tickets in venues of more than 6,000 seats. The measure removes the price cap to allow for free-market economics to take hold and ultimately increase the supply and reduce the cost of tickets. (A.5454-C/S.5110-A; Chapter 106)

Brewery Trail The bill would establish the development of a brewery trails program to encourage small business, tourism and the history of breweries in New York State. The program would be modeled after the way the state promotes wineries and wine products. (A.8385-A / S.4776-A; Chapter 572)



TRANSPORTATION

Transportation Bond Act This bill would authorize The Rebuild and Renew New York Transportation Bond Act, which will ask voters this November to approve $2.9 billion in state borrowing and to fund state transportation capitol projects that include the 2nd Avenue Subway, East Side Access, Lower Manhattan-JFK airport train, and transportation improvement projects for roads, bridges, rail and mass transit systems, ports, airports and the Erie Canal. (A.6844/S.3670; Chapter 60)

Hit And Run Drivers The bill would crack down on hit-and-run drivers by increasing penalties for leaving the scene of an accident that results in a death from a class E to a class D felony, raising the maximum prison sentence up to seven years. The measure also would increase penalties for offenses involving physical injury from a class B misdemeanor to a class A misdemeanor for a first offense, and from a class A misdemeanor to a class E felony for repeat offenses. (A.3327 / S.4584; Chapter 49)

Aggravated DWI The bill would impose stiffer penalties on drivers with a blood-alcohol content (BAC) of 20 percent or higher, creating the new crime of "aggravated DWI." The measure also would require the permanent revocation of the driver's license of repeat offenders, expand the elements of the crime of vehicular manslaughter, increase license revocation periods for chemical test refusals and mandate alcohol and substance abuse assessment and treatment. (A.3692; Passed Assembly)

Vasean's Law This bill would enact "Vasean's law" and would eliminate criminal negligence as an element of vehicular manslaughter in the second degree. (A.6285-B/S.1872-B; Chapter 39)

DMV Driver Reexamination This bill would authorize the courts to issue orders requiring a person convicted of leaving the scene of an accident or of certain repeat moving violations, or whom the court has reasonable grounds to believe is not qualified to drive a motor vehicle, to submit to reexamination, including a road test, by the Department of Motor Vehicles. (A.1632; Passed Assembly / S.2908; Transportation)

Vehicular Homicide This bill would create the new crime of vehicular homicide when a person causes the death of another person in the operation of a motor vehicle while committing a major traffic violation, and such person has at least two previous convictions for major traffic violations. (A.1653; Passed Assembly)

Dessert Truck Safety This bill would require trucks that are used to sell frozen desserts be equipped with a swing arm safety device that extends eight feet from the front bumper. The measure aims to prevent individuals from crossing directly in front of the vehicle. (A.1950-A / S. 3025-A; Chapter 608)

Small School Bus Seat Belts This bill would require the state's seat-belt laws to also apply to small vehicle school buses. (A.3740; Passed Assembly)

School Bus Fire Suppression This bill would require certain school buses transporting pupils who use wheelchairs or other assistive mobility devices to be equipped with automatic engine fire extinguishing systems. (A.7421 / S.50072; Chapter 453)

Preschool Vehicle Driver Qualifications This bill would apply the same standards to all drivers of pre-school age children as are applied to school bus drivers, including criminal history background checks, medical examinations and annual driving record reviews. (A.1692; Passed Assembly)

Convex Mirrors This bill would require trucks, tractors and tractor-trailer or semitrailer combinations that are operated on local New York City Streets to be equipped with convex mirrors. (A.4322-C; Passed Assembly / S.2210-B; Rules)

Work-Zone Speeding This bill would mandate that a $50 surcharge, in addition to any other fine, penalty or sentence, be imposed on a driver convicted of speeding in a posted work zone. The measure also would impose a 60-day driver's license suspension on persons with two or more work zone speeding violations and require the Department of Transportation to develop rules and regulations to increase work zone safety. (A.1691-A / S. 4885-B; Chapter 223)

Safe Driving Public Education This bill would authorize the governor's traffic safety committee to develop an outreach campaign informing the general public of the dangers of operating a vehicle while drowsy and the Department of Transportation to review the safety and availability of highway rest stops. (A.4473; Passed Assembly/S.3512; Transportation)

Seat-Belt Safety This bill would require the use of seat belts by all passengers in a motor vehicle riding in the rear seats. (A.2157; Passed the Assembly / S.3582; Transportation)

Child Seat-Belt Requirement The bill would allow four-year-olds through seven-year-olds, who weigh less than 100 pounds, to be restrained by a safety belt rather than a booster seat, as the law currently requires. (A.2374-A / S. 217-A;Chapter 598)

Booster Seats The bill clarifies that booster seats should be used only with combination lap and shoulder safety belts, not with lap-only safety belts. (A.3357 / S.3089; Chapter 18)

Boater Safety This bill would grant liability insurance rate reductions to boat owners who successfully complete an approved boating safety course. These courses are aimed at reducing the number of boating accidents. (A.5207; Passed Assembly / S.4465; Insurance)

Snowmobile Rights And Responsibilities Act This bill would enact the Snowmobile Rights and Responsibilities Act to strengthen snowmobile-trail development and maintenance efforts, promote safe snowmobile operations and address the financial burdens of providing comprehensive liability insurance coverage for snowmobile operations, clubs and landowners. (A.6815-A / S.3158-B; Chapter 609)

Vehicle "Black Box" Disclosure This bill would require manufacturers to disclose the installation of a vehicle data recording device. The legislation aims to protect the privacy of owners of automobiles and trucks who may not be aware that their vehicle is equipped with a recording device that is often referred to as a "black box." (A.872 / S. 850; Chapter 648)

All Terrain Vehicle (ATV) Safety This bill would prohibit ATV operators from towing any person on an inflatable device, unless attached with a rigid tow bar. (A.4436 / S.2232; Chapter 554)



VETERANS AFFAIRS

Patriot Plan This bill would ensure that survivors of eligible public employees who die while on active duty in the armed forces receive the same death benefits and health insurance as survivors of all others who die while working as public employees. The legislation also would reimburse survivors the cost of premium payments for $250,000 worth of life insurance that is provided to members of the militia during active service through the Service Member's General Life Insurance Program. It also creates a new "War on Terror" license plate that will be issued, upon request, to veterans of the Persian Gulf or Afghanistan conflicts. (A.8291/ S.5436; Chapter 105)

Life-Insurance Benefit Increase This bill would match a federal law that raised the maximum cap on service members general life insurance (SGLI), which is available to the men and women of the state's militia, from $250,000 to $400,000. (A.8856 / S.5799; Chapter 681)

Vocation Skills Training This bill would authorize community colleges and require SUNY institutions to permit veterans to audit vocational training courses free of charge. It also requires school districts to permit veterans to audit programs of adult continuing education at no charge. (A.4150; Passed Assembly)

SUNY Parking Fee Exemption This bill would exempt veterans who are SUNY students from being required to pay parking and vehicle fees. The bill aims to recognize and honor the sacrifices made by those men and women who served in the nation's military. (A.7815 / S.4306; Chapter 699)

Secondary Education Diploma This bill would authorize the commissioner of education to implement a program that would allow all war veterans who were unable to complete a secondary education for any reason to receive high school diplomas based on knowledge and experience gained while in the service. (A.239-A; Passed Assembly)

Vietnam Veterans This bill would change the beginning date of the Vietnam War from December 22, 1961 to February 28, 1961, in order to coincide with the Federal government date. The date grants recognition of wartime service to veterans who served in Vietnam from 1961 when American advisers began accompanying South Vietnamese troops. The date the war began can be a factor in determining a veteran's eligibility for such government programs as housing subsidies, civil service exam units and real property tax exemptions. (A.6944; Passes Assembly / S.4141; Veterans, Homeland Security and Military Affairs)

Local Property Tax Exemption This bill would establish new veteran real property tax exemption categories for municipalities. It also would allow municipalities to increase the maximum tax exemption to veterans as well as require that tax bills show the full value of the exemption amount. (A.4742-A / S.5740; Chapter 256)

Honorable Discharge Privacy This bill would protect the privacy of veterans by limiting the disclosure of honorable discharge certificates filed in the office of a county clerk. (A.7516 / S. 3504; Chapter 298)

Disability Income Exclusion This bill would exclude veteran disability payments from the income of persons 65 years of age or over who are entitled to a real property tax exemption. (A.6636; Passed Assembly)

Navy Club Of The U.S.A. This legislation authorizes cities and towns to appropriate funds to assist in defraying the rental or maintenance expenses, or both, of meeting rooms for the Navy Club of the U.S.A. (A.6467 / S.5309; Chapter 328)

New York State Veterans Hall Of Fame This measure establishes the New York State Veterans Hall of Fame. Under the bill, the hall would be administered by the New York State Veterans Hall of Fame council and New York State would be joining Ohio, Pennsylvania and Connecticut, each of which has established Veterans Hall of Fames. (A.1233-A / S.431-A; Chapter 434)

Civil Service Exams This bill would allow members of the organized militia or reserves who missed the application deadline and the examination for a civil service employment position due to military service to take a special make-up exam. (A.8476-B / S.5587-A; Chapter 425)

Disabled Veterans This bill would exempt real property owned by a person certified to receive a Department of Veterans Affairs disability pension to be exempted from real property taxes. In addition, the bill would allow an award letter from the Department of Veterans Affairs to be submitted as proof of the disability. (A.6892; Passed Assembly)



WAYS AND MEANS

Budget Reform This legislation would amend the state Constitution and other state laws to bring about a more efficient, transparent, accountable and timely state budget process. These budget reforms would change the state fiscal year from April 1 to May 1 and create the New York State Independent Budget Office to provide an objective, non-partisan analysis of state revenues, expenditures and management practices. The non-partisan office would be modeled after the Congressional Budget Office and the New York City Independent Budget Office.

The reforms also would implement a contingency budget when the Legislature does not meet the fiscal year deadline. The legislation also would reduce the amount of time during which the governor may amend the executive budget without consent of the legislature from 30 to 21 days and creates a fiscal stabilization reserve fund. In addition, the measure would require a two-year appropriation for education aid to help schools plan ahead. (A.1 / S.2; Override Veto Memo 5) (A.2/ S.1; Both houses provided second passage for voter consideration this November, delivered to the Secretary of State)

Budget Process Checks And Balances This bill would restore proper constitutional checks and balance to the state budget process by requiring that the governor's proposed budget be consistent with existing state law. The measure intends to ensure that the governor's appropriation bills are limited to developing and implementing a financial plan as envisioned by the Constitution and not utilized as an annual exercise in side-stepping existing law. (A.4630 / S.3195; Delivered to Secretary of State).

World Trade Center Memorial Fund The bill would establish a World Trade Center memorial foundation fund. The legislation would enable contributions to be made to the fund through a check-off box on state income tax forms. Under the bill, the fund would be used to for the construction, installation and operation of the World Trade Center Memorial. (A.8834; Chapter 753)

NYC Clothing Sales Tax Elimination This bill would eliminate New York City's four percent sales tax on clothing and footwear under $110 beginning Sept. 1, 2005 (A.8813 / S.5663; Chapter 285)

Clothing Sales Tax Free Week This legislation would exempt from the state's four percent sales tax purchases of clothing and footwear costing less than $110.00 from January 30, 2006 to February 5, 2006. In addition, another sales-tax free period would be scheduled from August 30, 2005 to September 5, 2005. (A.6845 / S.3671-B; Chapter 61)

Sales Tax Exemption Reinstatement This bill would reinstate the sales tax exemption on clothing and footwear costing less than $110 on April 1, 2007. In addition, the removal of this sales tax could occur as early as April 1, 2006 if the governor's budget for the 2006-2007 state fiscal year calls any type of tax reduction, rate change or new exemption. (A.7298 / S.4278; Chapter 63)

Erie County Fiscal Oversight This bill would establish the Erie County Fiscal Stability Authority. The legislation would provide state intervention to monitor the finances of Erie County. Under the measure, the authority would have such fiscal responsibilities as approving or disapproving the county's financial plans as well as ensuring that the county is able to meet all of its financial responsibilities and obligations consistently. (A.8984; Assembly Ways and Means / S. 5905; Rules)

Jazz Club Sales Tax Exemption This bill would require that no sales tax be paid for admission to a live musical or dramatic arts performance at a roof garden, cabaret or other similar place, such as jazz clubs, in the state. The measure continues the sales-tax exemption on the price of admission that the current law applies to theatrical and musical presentations that occur in other entertainment venues. (A.7385-A / S.5398-A; Veto 63)



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