Chapter Laws of 2009


CHAPTER 351
A2021-B 
John
08/26/09 signed
Amends §§25 & 15, Worker’s Compensation Law.  Provides that certain workers' compensation payments shall be made in one lump sum without commutation to a present value amount.

CHAPTER 352
A2201-A 
Morelle (MS)
08/26/09 signed
Amends §231, Economic Development Law.  Creates one-stop regional economic development and regulatory compliance assistance; regional centers designed to provide information regarding economic development resources available from state, federal and local agencies, to accept applications for economic development programs and to provide or arrange for assistance with compliance with state, regional and local rules and regulations.

CHAPTER 353
A2239 
Schroeder (MS)
08/26/09 signed
Amends §459-c, Real Property Tax Law.  Exempts from real property taxation real property owned by a person certified to receive a United States department of veterans affairs disability pension pursuant to 38 U.S.C. 1521; allows an award letter from the United States department of veterans affairs to be submitted as proof of disability.

CHAPTER 354
A2311-A 
Lifton (MS)
08/26/09 signed
Amends §390, Social Services Law.  Prohibits the online posting of the home address of location of day care provider's home without providing a prior opt out option to such providers.

CHAPTER 355
A2442-C 
Destito 
08/26/09 signed
Amends §66-j, Public Service Law; amends §1020-g, Public Authorities Law.  Relates to net energy metering for residential micro-combined heat and power generating equipment.

CHAPTER 356
A2756-A 
Rabbitt
08/26/09 signed
Authorizes filing of application for real property tax exemption by village of Sloatsburg.

CHAPTER 357
A2757 
Rabbitt  
08/26/09 signed
Authorizes the Rockland Housing Action Coalition, Inc. to file an application for a real property tax exemption.

CHAPTER 358
A3337-A 
Tedisco  
08/26/09 signed
Authorizes the city of Schenectady to accept an application for real property tax exemption from Schenectady Day Nursery.

CHAPTER 359
A3639-C 
Hevesi  
08/26/09 signed
Amends §44, adds §224-b, Public Service Law; adds §399-zz, General Business Law.  Requires utility corporations, energy service companies, municipalities, telephone corporations and cable television companies to provide large print versions of billing statements upon request by the consumer; provides that large print means a printed or electronic font size of sixteen to illuminate billing information.

CHAPTER 360
A4091 
Millman (MS)
08/26/09 signed
Adds §147, State Finance Law.  Requires state agencies, departments or authorities which let more than ten million dollars in service and construction contracts to establish mentor-protege programs to enable the development and success of small, minority, and women-owned businesses.

CHAPTER 361
A4097 
Millman (MS)
08/26/09 signed
Amends §§120, 133 & 134, Economic Development Law; amends S311, Executive Law; amends §163, State Finance Law.  Expands the membership of small-business and minority and women-owned business advisory boards; powers and duties of divisions for development of such small-business, minority and women-owned businesses.

CHAPTER 362
A4216 
Brodsky
08/26/09 signed
Amends §4307, Public Health Law.  Relates to the term valuable consideration as it relates to the prohibition of sales and purchases of human organs; provides for the donation of a kidney or other organ from a live donor for transplantation into an individual conditioned upon the donation and transplantation of a similar organ into an individual specified by the donor shall not be considered valuable consideration.

CHAPTER 363
A4218 
Brodsky (MS)
08/26/09 signed
Adds §1506-c, amends §1507, Not-For-Profit Corporation Law.  Permits a solvent cemetery corporation, upon the approval of the cemetery board, to assume responsibility for the maintenance of an abandoned cemetery and makes funds available from the state cemetery vandalism restoration, monument repair or removal and administration fund; acceptance of such funds is assumption of responsibility for future care.

CHAPTER 364
A4710 
Hawley
08/26/09 signed
Amends §106, Uniform Justice Court Act.  Allows town court proceedings for the towns of Elba, Oakfield and Batavia to be held in the town of Elba, Oakfield or Batavia or the city of Batavia, in a suitable facility approved by town boards.

CHAPTER 365
A4749 
Pretlow
08/26/09 signed
Amends §532, Racing, Pari-Mutuel, Wagering & Breeding Law.  Relates to the distribution of surcharges on off-track winnings.

CHAPTER 366
A5807 
Sweeney
08/26/09 signed
Permits Nigam Agam Sugam Sharnam, Inc. to file an application for a real property tax exemption for 2009.

CHAPTER 367
A6093-A 
Schroeder
08/26/09 signed See Governor’s 8-27-09 Press Release
Amends §378, Executive Law.  Establishes Amanda's law requiring certain residences to have installed an operable carbon monoxide detector.

CHAPTER 368
A6329-B 
Canestrari (MS)
08/26/09 signed
Authorizes the Albany Housing Authority to sell or lease all or a part of the project known as the "Ezra Prentice Homes".

CHAPTER 369
A6361-C 
Rivera P 
08/26/09 signed
Amends §§1676 & 1680, Public Authorities Law.  Relates to the construction and financing of facilities by the dormitory authority for the Alliance of Long Island Agencies, Inc.

CHAPTER 370
A6473 
Jaffee 
08/26/09 signed
Authorizes Congregation Khal Torath Chaim of Rockland to file an application for a real property tax exemption.

CHAPTER 371
A6818-A 
Morelle  
08/26/09 signed
Adds §2822, Public Health Law.  Creates a residential care off-site demonstration project allowing for the provision of physical, occupational and speech therapy by a residential health care facility at an off-site location.

CHAPTER 372
A6963 
Zebrowski (Department of Labor # 3)
08/26/09 signed
Amends §§198, 215 & 663, Labor Law.  Strengthens wage and hour protections for working people.

CHAPTER 373
A7019-A 
Hawley  
08/26/09 signed
Amends §202-c, Town Law.  Authorizes the town board of Byron, of Genesee County, to diminish the area of Byron sewer district.
CHAPTER 374
A7090 
Crouch
08/26/09 signed
Amends §23, Town Law.  Provides that the person holding the title of clerk to justice in the town of Windsor need not be an elector of such town.

CHAPTER 375
A7092-A 
Crouch  
08/26/09 signed
Amends §23, Town Law; amends §3, Public Officers Law.  Provides that the person holding the title of building inspector/code enforcement in the town of Windsor need not be an elector of such town.

CHAPTER 376
A7148 
Eddington 
08/26/09 signed
Authorizes the United Methodist Church to file an application for retroactive real property tax exempt status; hamlet of Patchogue; 2008-2009 assessment roll.

CHAPTER 377
A7185-A 
Gunther
08/26/09 signed
Amends §3, Chapter 392 of 2003.  Authorizes an increase of the number of trustees on the Mamakating library district board from five trustees to up to fifteen trustees.

CHAPTER 378
A7201-A 
Conte (MS)
08/26/09 signed
Authorizes Bethel A.M.E. Church to file an application for real property tax exemption.

CHAPTER 379
A7220 
Jaffee  
08/26/09 signed
Authorizes Mosdos Sanz Klausenburg of Monsey to file an application for a real property tax exemption.

CHAPTER 380
A7246-B 
Lupardo 
08/26/09 signed
Repealed Article 13, Energy Law; adds Article 4-C §§80 - 83, Public Building Law.  Relates to the state green building construction act and the legislative findings thereof; repeals article 13 of the energy law relating to establishing the state green building construction act, and establishes a new state green building construction act.

CHAPTER 381
A7260 
Weinstein
08/26/09 signed
Amends §8012, Civil Practice Law & Rules.  Grants poundage to the sheriff upon a settlement, when a property execution has been issued and the property has been levied against.

CHAPTER 382
A7261-A 
Weisenberg
08/26/09 signed
Amends §1903, Real Property Tax Law.  Limits adjusted homestead and non-homestead adjusted base proportions in assessing real estate taxes in Nassau for the 2009 assessment roll.

CHAPTER 383
A7261-A 
Weisenberg 
08/26/09 signed
Amends §1903, Real Property Tax Law.  Limits adjusted homestead and non-homestead adjusted base proportions in assessing real estate taxes in Nassau for the 2009 assessment roll.

CHAPTER 384
A7664 
Weisenberg (MS)
08/26/09 signed
Amends §1803-a, Real Property Tax Law.  Prohibits special assessing units besides cities to adjust their current base proportions based on such special assessing unit's 2009 assessment roll and limits such adjustment to that of the immediately preceding year.

CHAPTER 385
A7698 
Meng
08/26/09 signed
Adds §170-b, Executive Law.  Requires the elimination of the use of the term "oriental" in documents utilized by state agencies, public authorities and municipalities when referring to persons of Asian or Pacific Islander heritage.

CHAPTER 386
A7750-A 
Rabbitt 
08/26/09 signed
Authorizes the town of Ramapo to file an application for exemption from real property taxes for a certain parcel of land located in the village of Montebello, town of Ramapo, county of Rockland.

CHAPTER 387
A7775-A 
Rabbitt
08/26/09 signed
Authorizes the town of Ramapo to file an application for exemption from real property taxes for a certain parcel of land located in the town of Ramapo, county of Rockland.

CHAPTER 388
A7838-A 
Ramos  
08/26/09 signed
Permits Adelante of Suffolk County, Inc. to file an application for a real property tax exemption.

CHAPTER 389
A7967-A 
Hoyt (Division of Housing & Community Renewal # 2)
08/26/09 signed
Adds Article 26 §§1220 - 1222, Private Housing Finance Law.  Establishes the New York Main street program to provide financial and technical assistance to help communities preserve and revitalize downtown business districts.

CHAPTER 390
A7993 
Abbate
08/26/09 signed
Amends §§384-d & 381-b, Retirement & Social Security Law.  Authorizes members of the New York state and local police and fire retirement system in a 20 year plan, with prior transferred New York state and local employees' retirement system credit, to transfer such credit and receive retroactive membership in the employees' retirement system.

CHAPTER 391
A8007-A 
Cusick  
08/26/09 signed
Authorizes the city of New York to reconvey a parcel of land to the Greentree Homeowners Association.

CHAPTER 392
A8017 
Magee 
08/26/09 signed
Amends §2, Chapter 342 of 2005.  Extends provisions of law relating to establishing a task force on the utilization of retired horses.

CHAPTER 393
A8019-A 
O'Mara
08/26/09 signed
Authorizes the city of Elmira to offer an optional twenty year retirement plan to certain police officers employed by such city.

CHAPTER 394
A8186-A 
Cahill
08/26/09 signed
Amends §349-dd, Highway Law.  Relates to the alternate route of the Shawangunk Mountains Scenic Byway.

CHAPTER 395
A8210 
Cusick (MS)
08/26/09 signed
Amends §§88, 89-a & 89-b, Navigation Law.  Clarifies the continuity of a deck of a vessel for the determination of pilotage units used in calculating pilotage fees.

CHAPTER 396
A8219 
Glick (State Education Department # 9)
08/26/09 signed
Adds §6507-a Education Law; amends §97-nnn, State Finance Law.  Authorizes the commissioner of education to impose a 15% surcharge on any professional fee imposed pursuant to title 8 of the education law that is subject to deposit in the office of professions account.

CHAPTER 397
A8228 
Abbate
08/26/09 signed
Amends §41, Retirement & Social Security Law.  Implements a provision in a collective bargaining agreement between the state university construction fund and an employee organization relating to unused sick leave and retirement service credit.
 
CHAPTER 398
A8272 
Skartados
08/26/09 signed
Authorizes the town of Marlborough, in the county of Ulster, to dissolve and discontinue the Applewood Farms drainage district.

CHAPTER 399
A8294 
Destito
08/26/09 signed
Amends §§1101 & 1111, Tax Law.  Relates to computation of sales and compensating use taxes on modular home modules.

CHAPTER 400
A8310-A 
Pretlow
08/26/09 signed
Amends §228, Racing, Pari-Mutuel Wagering & Breeding Law.  Relates to certain payments to the horsemen's organization.

CHAPTER 401
A8329 
Fitzpatrick
08/26/09 signed
Authorizes the commissioner of general services to transfer and convey certain land to the Kings Park fire district.

CHAPTER 402
A8339-A 
McKevitt (MS)
08/26/09 signed
Authorizes the Ethical Humanist Society of Long Island to file an application for a real property tax exemption with the assessor of the county of Nassau.

CHAPTER 403
A8568-B 
Gantt (Department of Motor Vehicles # 4)
08/26/09 signed See Governor’s 8-27-09 Press Release
Amends §§501, 501-b, 502, 509, 510-b, 510-c & 1229-c, adds §1225-d, repealed §503-a, Vehicle & Traffic Law.  Relates to the graduated licensing program; provides that no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion, with exceptions; provides that such prohibited conduct shall be a traffic infraction punishable by a fine.

CHAPTER 404
A8588 
Gordon
08/26/09 signed
Authorizes Steven Roy to file for retroactive membership in the optional twenty year retirement plan of the New York state and local police and fire retirement system pursuant to section 384-d of the retirement and social security law.

CHAPTER 405
A8612-A 
Gantt (Department of Motor Vehicles # 3)
08/26/09 signed
Amends §1229-c, Vehicle & Traffic Law.  Relates to requiring children under the age of 8 to be restrained by a child restraint system in a motor vehicle.

CHAPTER 406
A8643 
Cahill (MS)
08/26/09 signed
Amends §1, Chapter 174 of 1968.  Relates to energy conservation and efficiency projects.

CHAPTER 407
A8823 
Wright
08/26/09 signed
Amends §64-a, Alcoholic Beverage & Control Law.  Authorizes the issuance of an alcoholic beverage license to Just Lorraine's Place.

CHAPTER 408
A8842 
Crespo (MS)
08/26/09 signed
Amends §§452 & 472, Private Housing Finance Law.  Relates to small loans to owners of multiple dwellings to remove substandard or unsanitary conditions and to loans to owner-occupants of one-to-four unit private and multiple dwelling units.

CHAPTER 409
A8862 
Sweeney
08/26/09 signed
Amends §198, adds §209-i, Town Law.  Authorizes the prevention or reduction of waste matter consisting of carbon components of energy waste from residential properties.

CHAPTER 410
A9019 
Cahill (Governor Program # 33)
08/26/09 signed
Amends §97-g, State Finance Law.  Authorizes the aggregate purchases of energy for state agencies, institutions, local governments, public authorities and public benefit corporations.

CHAPTER 411
S1290-A 
MONTGOMERY
08/26/09 SIGNED
Amends §611, Correction Law.  Provides for the care and custody of pregnant female inmates before, during and after delivery; prohibits the use of restraints of any kind from being used during the transport of such female prisoner to a hospital for the purpose of giving birth, unless such prisoner is a substantial flight risk whereupon handcuffs may be used; prohibits the use of any restraints during labor; requires the presence of corrections personnel during such prisoner's transport to and from the hospital and during her stay at such hospital.

CHAPTER 412
S2362 
HUNTLEY
08/26/09 SIGNED
Amends §§7.35, 13.35 & 19.35, Mental Hygiene Law.  Relates to the defense and indemnification of optometrists rendering certain services.

CHAPTER 413
S3146-A 
HUNTLEY
08/26/09 SIGNED
Amends §3, Chapter 667 of 2006; adds §7.43, amends §5.07, Mental Hygiene Law; adds §483-f, Social Services Law.  Amends chapter 667 of the laws of 2006 relating to providing for the establishment of a children's mental health plan, in relation to eliminating certain provisions provided therein; and amends the mental hygiene law and the social services law, in relation to implementing the children's plan.

CHAPTER 414
S3860 
ESPADA
08/26/09 SIGNED
Amends §2, Chapter 253 of 2004.  Amends chapter 253 of the laws of 2004, amending the private housing finance law relating to rent regulation of rehabilitated multiple dwellings acquired and reconveyed by the federal government, in relation to extending the effectiveness thereof.

CHAPTER 415
A5025 
Brodsky (MS)
08/26/09 signed
Adds §23-c, Executive Law.  Requires that local disaster preparedness plans of a county, city, town, or village not conflict with those of others; disputes with a county are to be resolved by the county; disputes crossing county lines are to be resolved by the state emergency management office; provides that New York city is to be treated as a county for such purposes.

CHAPTER 416
A8956-A 
Weinstein (Office of Court Administration # 55)
08/31/09 signed
Amends §S2103, Civil Practice Law & Rules; amends §§6 & 10, repealed §6 sub (c), Chapter 367 of 1999.  Relates to service of papers by electronic means; eliminates requirement of consent in certain instances.
  
CHAPTER 417
A6493-D 
John
09/08/09 signed See Governor’s 9-6-09 Press Release
09/08/09 approval memo.17
Amends §196-a, Labor Law; amends §§756, 756-a, 756-b & 757, General Business Law.  Relates to the prompt payment of employees and contractors engaged in private construction projects.

CHAPTER 418
A8826 
Schimminger (MS)
09/11/09 signed
Amends §367-a, Social Services Law.  Exempts certain pharmacies owned and operated by a not-for-profit organization solely for the purpose of providing drugs to individuals diagnosed with cystic fibrosis from the provisions of the specialty pharmacy program.

CHAPTER 419
A903 
Gottfried (MS)
09/16/09 signed
Amends §206, Public Health Law.  Authorizes and directs the department of health to review any policy or practice instituted in facilities operated by the department of correctional services and in local correctional facilities regarding human immunodeficiency virus (HIV), acquired immunodeficiency syndrome (AIDS), and hepatitis C including the prevention of the transmission of HIV, HCV and the treatment of AIDS among inmates.

CHAPTER 420
A1396 
O'Mara
09/16/09 signed
Amends §1, Chapter 438 of 2008.  Makes technical amendments to 2008 chapter permitting use of parkland by the city of Elmira.

CHAPTER 421
A1627-C 
Zebrowski (MS)
09/16/09 signed
Adds §399-oo, General Business Law.  Prohibits any person, firm or corporation from deceptively soliciting vehicle warranty policies by written solicitation or telemarketing to owners of motor vehicles.

CHAPTER 422
A1752-A 
Gottfried (MS)
09/16/09 signed See Governor’s 9-17-09 Press Release
Adds §2805-t, Public Health Law.  Requires facilities to disclose nursing quality indicators; provides for facilities with an operating certificate to make available to the public information regarding nurse staffing and patient outcomes; directs commissioner of health to promulgate rules and regulations on information to be disclosed.

CHAPTER 423
A2234 
Zebrowski
09/16/09 signed
Amends §2, Chapter 218 of 2008.  Relates to the past service costs associated with the membership of certain Haverstraw police officers in an optional twenty year retirement plan.

CHAPTER 424
A2819 
Schimminger (MS) 
09/16/09 signed
Amends SS213 & 218, State Finance Law
Includes eligible businesses located in federally designated areas under the Community Renewal Tax Relief Act of 2000 (26 U.S.C. Sections 1391, 1400E and 1400G) in the state's Excelsior Linked Deposit Act loan program for the whole or any portion of the period in which the area where the business is located is designated as a federal "Empowerment Zone", "Enterprise Community", or "Renewal Community", respectively, under the federal Act.

CHAPTER 425
A3078-A 
Magee 
09/16/09 signed 
Authorizes the city of Oneonta, in the county of Otsego, to offer an optional twenty year retirement plan and additional pension benefits to fire chief Robert S. Barnes.

CHAPTER 426
A3367-A 
Englebright (MS)
09/16/09 signed
Amends §8-400, Election Law.  Provides that people who are primary care givers and who have responsibilities in which they cannot leave the person for whom they are caring shall be entitled to absentee ballots in general elections and school district elections.

CHAPTER 427
A3378 
Rosenthal (MS)
09/16/09 signed
Amends S131, Social Services Law.  Directs social services districts to inform applicants and recipients of public assistance of their option to receive an information packet appropriate for victims of sexual assault; such information shall include referrals and contact information for all local programs and services including sexual assault examiner programs, rape crisis centers and other advocacy, counseling and hotline services appropriate for such victims.

CHAPTER 428
A3843-A 
Rosenthal (MS)
09/16/09 signed
Renumber §459-g to be §459-h, adds §459-g, Social Services Law.  Prohibits the state, its political subdivisions, public authorities, and employees and agents thereof from compelling domestic abuse victims to contact their abusers, directly for any reason; requires such political entity to provide a confidential intermediary.

CHAPTER 429
A4092 
Millman (MS)
09/16/09 signed See Governor’s 9-17-09 Press Release
Amends §313, Executive Law.  Requires agencies to post contractor utilization plans on the agency website.

CHAPTER 430
A4703-A 
Sayward
09/16/09 signed
Authorizes the county of Saratoga to discontinue for reforestation purposes the use of certain lands and to convey such lands.

CHAPTER 431
A4811 
Jordan
09/16/09 signed
Authorizes the village of Cambridge, in Washington county, to offer an optional 25 year retirement plan to police officers George G. Bell, Harold P. Spiezio III and Stephen E. Griffin, Jr.

CHAPTER 432
A5753 
Lopez V (MS)
09/16/09 signed
Amends §§2402, 2405, 2405-b & 2428, Public Authorities Law.  Provides that the term "mortgage" shall also include a loan owed to a bank secured by a second lien on a fee simple or leasehold estate in real property located in the state and improved by a residential structure, whether or not insured or guaranteed by the United States of America or any agency thereof, provided, however, that such second lien secures a loan purchased by the agency and is made at the same time as a first lien securing a loan purchased by the agency.

CHAPTER 433
A5877-B 
Cahill (MS)
09/16/09 signed
Adds Article 6 §§6-102 - 6-108, Energy Law; amends §1005, renumber §§1020-gg, 1020-hh & 1020-ii to be §§1020-hh, 1020-ii & 1020-jj, adds 1020-gg, Public Authorities Law.  Establishes the state energy planning board to create and adopt a state energy plan, consider and present policies and programs that are designed to improve the reliability of the state's energy systems, insulate consumers from volatility in market prices, reduce the overall cost of energy in the state and minimize public health and environmental impacts; requires the adoption of a state energy plan every four years and outlines the conduct of the state energy planning proceedings; further requires the first draft of the state energy plan to be presented for public comment on or before September 1, 2012 and the final draft of such plan to be issued on or before March 15, 2013.

CHAPTER 434
A6153-A 
Paulin
09/16/09 signed
Authorizes the village of Scarsdale to offer an optional twenty year retirement plan to police officer Matthew Miraglia; the village must file a resolution with the state comptroller on or before December 31st.

CHAPTER 435
A6472-A 
Jaffee 
09/16/09 signed
Authorizes the village of Airmont, town of Ramapo, county of Rockland to file an application for an exemption from real property taxes for a certain parcel of land.

CHAPTER 436
A6718-B 
Pheffer (MS)
09/16/09 signed
Amends §6604-a & 6605, Education Law.  Allows dental residents to satisfy the ethics and jurisprudence educational course requirement during the period of their dental residency and limits permits in dentistry.

CHAPTER 437
A6731 
Magee (MS)
09/16/09 signed
Authorizes the village of Ilion, in the county of Herkimer, to offer an optional twenty year retirement plan to police officer Louis P. Romano.

CHAPTER 438
A6732 
Magee 
09/16/09 signed
Amends §1, Chapter 648 of 2008.  Extends the date for certain filing requirements for the reopening of the optional 20 year retirement plan in the city of Oneida.

CHAPTER 439
A6772-A 
Paulin (MS)
Amends §§1392 & 1393, Public Health Law.  Defines summer day camp as indoor or outdoor organized group activities, involving nonpassive recreational activities with significant risk of injury, as such activities are defined by the department in rules and regulations; increases certain fees relating thereto.

CHAPTER 440
A7122-C 
Spano (MS)
09/16/09 signed
Amends §50-i, General Municipal Law.  Extends the time for filing a claim against a public corporation for injuries sustained as a result of participation in the World Trade Center rescue, recovery or cleanup operations.

CHAPTER 441
A7509 
O'Mara 
09/16/09 signed
Amends §11-0907, Environment Conservation Law.  Allows hunters to use a rifle during open season for deer in the county of Schuyler.

CHAPTER 442
A7711-A 
Hawley
09/16/09 signed
Authorizes Shannon Brett and James DeFilipps to obtain service credit for service as deputies in the county of Orleans.

CHAPTER 443
A7741-A 
Destito
09/16/09 signed
Amends §378, Executive Law.  Relates to the applicability of the uniform fire prevention and building code to children's overnight camps; provides that the sanitary code adopted by the state health council shall govern sleeping quarters of children's overnight camps.

CHAPTER 444
A7840-A 
Fitzpatrick
09/16/09 signed
Authorizes the town of Smithtown in Suffolk county to discontinue the use of certain park land and to lease the land for a cellular communications tower to Site Tech Wireless, LLC.

CHAPTER 445
A7858 
Thiele 
09/16/09 signed
Authorizes the village of East Hampton, county of Suffolk, to offer an optional twenty year retirement plan to certain police officers.

CHAPTER 446
A7938-A 
Errigo 
09/16/09 signed
Provides for the transfer of land from the Village of Victor to the Town of Victor.

CHAPTER 447
A7949-A 
Silver (MS)
09/16/09 signed
Adds §1123, Insurance Law.  Authorizes the superintendent of insurance to approve a demonstration program under which an eligible insurer issues group health insurance policies to eligible associations.

CHAPTER 448
A8018-A 
Morelle
09/16/09 signed
Amends §28, Tax Law.  Relates to the commercial production credit.

CHAPTER 449
A8020-A 
O'Mara
09/16/09 signed
Authorizes the village of Nichols, in the county of Tioga, to discontinue the use of certain lands as parklands so that easements can be granted thereon for public water supply purposes.

CHAPTER 450
A8043 
Cusick
09/16/09 signed
Amends §8007, Civil Practice Law & Rules; amends §70-a, Public Officers Law.  Provides that certain newspapers in Richmond County may charge the regularly established classified advertising rate for publication of certain legal notices in such newspapers.

CHAPTER 451
A8097 
Galef
09/16/09 signed
Permits the Mount Olivet Baptist Church, located at 1432 Park Street in the city of Peekskill, to file an application for a real property tax exemption.

CHAPTER 452
A8114-A 
Canestrari (MS)
09/16/09 signed
Amends §§1676 & 1680, Public Authorities Law.  Provides that Fordham Preparatory School, Inc. be eligible for participation in financing and constructions options available through the dormitory authority of New York Forsham Preparatory School, Inc., for the financing or refinancing, or reimbursement of the costs of, the acquisition, design, construction, reconstruction, rehabilitation, improvement, furnishing and equipping of, or otherwise providing for construction of additional educational facilities located on Fordham University Rose Hill Campus, the Bronx, New York.

CHAPTER 453
A8131 
Weprin (MS)
09/16/09 signed
Amends §1201-a, Tax Law.  Authorizes cities of one million or more to provide a biotechnology credit to be taken against the general corporation tax, unincorporated business tax and banking corporation tax imposed by such city.

CHAPTER 454
A8132 
Errigo
09/16/09 signed
Authorizes the funding of the sanitary sewer system in the hamlet of Hemlock in the town of Livonia, county of Livingston.

CHAPTER 455
A8286 
Crouch
09/16/09 signed
Authorizes the village of Port Dickinson, in the county of Broome, to offer an optional twenty year retirement plan to chief of police Sean D. Crouse and police officer Paul Buttacovoli, Jr.

CHAPTER 456
A8342-A 
Ramos 
09/16/09 signed
Authorizes the religious organization Shavi Uma Ganesh Mandir to file an application for a real property tax exemption in the town of Central Islip.

CHAPTER 457
A8355 
McEneny
09/16/09 signed
Amends §322, Judicial Law.  Allows the district attorney of Schenectady county to appoint a grand jury stenographer residing in Schenectady county, Albany county or any other county of the third judicial district.

CHAPTER 458
A8356 
Walker (MS) 
09/16/09 signed
Relates to a real property tax exemption for cold war veterans in the town of Oyster Bay in the county of Nassau.

CHAPTER 459
A8368-A 
Alessi 
09/16/09 signed
Amends §§1, 3, 4 & 6, Chapter 924 of 1941.  Relates to the election of park commissioners of the Mattituck park district; removes language which permits only one woman to serve as park commissioner and permits all residents of the district to serve and to vote on matters concerning the district; residency within the district shall be determined by the voters address as set forth in the Suffolk county board of elections list of eligible voters in effect as of the previous election.

CHAPTER 460
A8370 
Lupardo
09/16/09 signed
Authorizes the Union-Endicott central school district to discontinue the use of certain parklands for the purpose of expanding its middle school.

CHAPTER 461
A8371 
Abbate
09/16/09 signed
Amends §607-b, Retirement & Social Security Law.  Removes limitations pertaining to emergency medical technicians or advanced emergency medical technicians NYC retirees earnings.

CHAPTER 462
A8492 
Ramos
09/16/09 signed
Amends §7-203, Election Law.  Relates to the qualifications used by the board of elections for establishing the minimum number of voting machines required in each polling place.

CHAPTER 463
A8518 
Schimminger
09/16/09 signed
Amends §§64 - 64-d, Alcoholic Beverage Control Law.  Makes standards for various on-premises liquor licenses consistent.

CHAPTER 464
A8527 
Skartados
09/16/09 signed
Amends §§-121 & 8-312, repealed §8-310, Election Law.  Provides that all ballots printed for use on a voting system approved by the state board of elections may be printed and arranged in a manner which would permit them to be counted by such machine; ensures ballots can be configured in a manner that will allow scanners to sufficiently and adequately discern votes cast by voters and eliminates outdated ballot layout provisions.

CHAPTER 465
A8599-A 
Powell 
09/16/09 signed
Amends §§1676 & 1680, Public Authorities Law.  Authorizes the dormitory authority to finance certain facilities for the Reece school.

CHAPTER 466
A8600 
Rabbitt 
09/16/09 signed
Authorizes the village of Monroe, in the county of Orange, to offer an optional 20 year retirement plan to police officer Anthony T. Amatetti.

CHAPTER 467
A8661 
Molinaro
09/16/09 signed
Authorizes the town of Austerlitz, Columbia county to discontinue the use of certain lands as parklands.

CHAPTER 468
A8669 
Rabbitt
09/16/09 signed
Amends §176-b, Town Law.  Exempts the Pocatello and Washington Height fire districts from the residency requirements for the membership of their volunteer firefighters.

CHAPTER 469
A8674 
Ramos
09/16/09 signed
Authorizes Long Island Youth Mentoring, Inc. to file an application for a real property tax exemption with the assessor of the town of Islip.

CHAPTER 470
A8729-A 
Lavine  
09/16/09 signed
Amends §§1676 & 1680, Public Authorities Law.  Provides that Friends Academy in Glen Cove, Nassau County, is eligible for participation in financing and construction options available through the dormitory authority of NY.

CHAPTER 471
A8768 
Rivera P
09/16/09 signed
Amends §§1676 & 1680, Public Authorities Law.  Relates to the construction and financing of facilities by the dormitory authority for the InterAgency Council of Mental Retardation and Developmental Disabilities Agencies, Inc.

CHAPTER 472
A8774 
Crouch 
09/16/09 signed
An act to authorize the village of New Berlin to discontinue the use of certain parklands.

CHAPTER 473
A8789 
Ortiz (MS) Office of Court Administration # 26)
09/16/09 signed
Amends §§75-l & 240, Domestic Relations Law; amends §651, Family Court Act; amends §253, Military Law.  Relates to orders of custody involving a parent activated, deployed or temporarily assigned to the military; removes requirement that all orders issued in child custody and visitation proceedings involving a parent in active military service be deemed temporary.

CHAPTER 474
A8815 
Zebrowski
09/16/09 signed
Amends §176-b, Town Law.  Provides a residential membership exemption for volunteer firefighters in Rockland Lake fire district in Rockland County.

CHAPTER 475
A8967 
Russell
09/16/09 signed
Legalizes, validates, ratifies and confirms certain actions taken by the village of Hammond, in the county of St. Lawrence, with respect to a certain serial bond note.

CHAPTER 476
A9017 
Weinstein (Governor Program # 14)
09/16/09 signed See Governor’s 4-27-09 & 9-17-09 Press Releases
Amends §§249-b, 812 & 821, Family Court Act; amends §240, Domestic Relations Law; amends §§530.11, 140.10, 160.55, 170.10, 530.12 & 530.13, Criminal Procedure Law.  Requires lawyers for children to receive training or education in domestic violence; requires the court to state on the record the domestic violence and child abuse factored into their award of custody or visitation.

CHAPTER 477
A9040 
Cahill (Governor Program # 34)
09/16/09 signed
Amends §1005, Public Authorities Law.  Relates to energy efficiency and clean energy initiatives of New York power authority.

CHAPTER 478
S1362-C 
KLEIN
09/16/09 SIGNED See Governor’s 9-17-09 Press Release
Amends §168-q, Corrections Law.  Allows NYS resident to receive change or update in subdirectory of level 2 and 3 sex offenders by e-mail in specific locality at no charge.

CHAPTER 479
A999-B 
Paulin (MS)
10/09/09 signed
Repealed §374 subs 2-a, 2-b, 2-c, 2-d & 2-e, amends §§374, 332 & 118, Agriculture & Markets Law.  Provides for humane destruction or disposition of certain animals; euthanasia of animals shall be accomplished by an injection of sodium pentobarbital administered by a technician while the animal is heavily sedated or in the case of an emergency, a gunshot is permissible in the case where an animal that is posing an imminent threat of serious physical injury; provides that chambers used to induce hypoxia by means of lethal gas shall be dismantled, rendered inoperable and beyond repair, and removed from the premises.

CHAPTER 480
A2002 
Silver (MS)
10/09/09 signed with Governor’s 10-9-09 (brief) Press Release
Amends §§26-516 & 26-413, NYC Administrative Code; amends §§12 & 64, Emergency Tenant Protection Act.  Amends the administrative code of the city of New York and the emergency tenant protection act of nineteen hundred seventy-four, in relation to civil penalties imposed for violation of administrative orders or for harassment of tenants to obtain vacancy of unit.

CHAPTER 481
A4552-A 
Aubry (MS)
10/09/09 signed Governor’s 10-9-09 (brief) Press Release
Amends §1220-b, Vehicle & Traffic Law.  Provides that unlawful solicitation of ground transportation at an airport shall be a class B misdemeanor; provides penalties for violation thereof.

CHAPTER 482
A5080 
Lentol (MS)
10/09/09 signed with Governor’s 10-9-09 Press Release
Amends §§125.26, 70.00 & 60.06, Penal Law.  Provides that a person is guilty of aggravated murder when such person causes the death of a child and acted in an especially cruel and wanton manner in causing such death; and makes technical corrections relating thereto.

CHAPTER 483
A6633-A 
Pheffer (Consumer Protection Board # 7)
10/09/09 signed
Amends §§490-a, 490-b, 490-c & 490-e, General Business Law; amends §3, Chapter 553 of 2008.  Makes technical corrections to the children's product safety and recall effectiveness act of 2008; reduces the age from 14 to 12 for which the provisions of this act shall be applicable to children's products.

CHAPTER 484
A8397-A 
Gottfried (Department of Health # 9)
10/09/09 signed with Governor’s 10-9-09 Press Release
Repealed §§2520, 2521, 2523, 2524, 2525, 2526, 2527, 2528 & 2529, amends §§2522, 2803, 2807-c, 3607 & 4403-c, Public Health Law; amends §§366, 365-a, 364-i, 364-j, 366-g, 374, & 381, adds §365-k, Social Service Law.  Relates to pre-natal programs and services.

CHAPTER 485
A8781 
Paulin (MS)
10/09/09 signed 
Amends §§130.00, 130.65-a, 130.66, 130.67 & 130.70, Penal Law.  Relates to the crime of aggravated sexual abuse and the definition of aggravated sexual contact; makes technical corrections.

CHAPTER 486
A8971 
Lifton
10/09/09 signed
Authorizes the commissioner of general services to sell certain lands in the town of Lansing.

CHAPTER 487
A8901 
Silver (MS)
10/09/09 signed See Governor’s 10-13-09 Press Release
Adds Article 8 Title 9-A §§1890 - 1899-a, amends §1855, Public Authorities Law; adds §99-g, State Finance Law.  Establishes the green jobs-green New York act, to promote energy efficiency, energy conservation and the installation of clean energy technologies, to reduce energy consumption and costs, reduce greenhouse gas emissions, support sustainable community development and to create green job opportunities.

CHAPTER 488
A9031 
Cahill (MS)
10/09/09 signed See Governor’s 10-13-09 Press Release
Amends §1, repealed §§4 & 5, adds §§4 - 6, renumbers §6 to be §7, Chapter 487 of 2009 (as proposed in S.5888/A.8901).  Makes technical corrections to the "green jobs-green New York act of 2009".

CHAPTER 489
A1002-C 
Paulin (MS)
10/28/09 signed with Governor’s Press Release
Amends §§4-128, 4-132 & 8-302, Election Law.  Provides that a voter claiming to live within an election district in which the voter seeks to vote be advised by the poll clerk or election inspector of the proper polling place and election district and provides that such voter shall be permitted to vote in said election district.
EFF. DATE 10/28/2009

CHAPTER 490
A2733-A 
Sweeney (MS)
10/28/09 signed with Governor’s Press Release
Adds §§209-G & 630-b, Tax Law; adds §99-q, State Finance Law.  Establishes the volunteer firefighting and volunteer emergency services fund and authorizes gifts to such fund through a state income tax check-off; provides that monies of the fund shall be used for emergency response recruitment and retention for volunteer emergency services organizations.

CHAPTER 491
A5643 
Farrell
10/28/09 signed
Amends §908, County Law.  Raises the minimum annual salary of each of the county clerks of the counties comprising the city of New York to that of supreme court justices instead of that of NYC civil court judges.

CHAPTER 492
A7779 
Rosenthal
10/28/09 signed
Amends §840, Executive Law.  Relates to the duties of the municipal police training council.

CHAPTER 493
A8924 
Hoyt 
10/28/09 signed with Governor’s Press Release
Amends §240.71, adds §S240.72 & 240.73, Penal Law.  Establishes the crime of aggravated interference with health care services in the first and second degrees.

Extraordinary Session

CHAPTER 494
S66002 
STEWART-COUSINS (Governor Program # 95)
11/12/09 SIGNED See Governor’s 11-10-09 Press Release
Amends §§3231, 4317 & 4704, Insurance Law; amends §§99-r & 103, General Municipal Law; amends §§10 & 12, Highway Law; amends §351, Public Health Law; amends Public Authorities Law, generally; repealed §4545 subs (a) & (b), Rule 4111 (e), amends §§4545 & 4213, Rule 4111, Civil Practice Law & Rules; amends §85.80, Local Finance Law; amends §5-101, adds §5-335, General Obligations Law.  Enacts into law major components of legislation necessary for the efficient operation of local governments. Collateral Source / Tort Claims / Double Dipping / Municipal Bond Bank / municipal cooperative health benefit plan
 
CHAPTER 495
S66005 
VALESKY (Governor Program # 200)
11/16/09 SIGNED See Governor’s 11-5-09 & 11-10-09 Press Releases
Amends §70.25, Penal Law; amends §§259-r & 259-s, Executive Law.  Relates to eligibility of certain felony offenders for parole and medical parole; requires consecutive sentences for certain A-1 felony offenders and child sexual assault crimes.

CHAPTER 496
A40008 
Rules (Weisenberg) Governor Program # 204
11/18/09 signed with Press Release
Amends §§1192, 1193, 1198 & 1198-a, Vehicle & Traffic Law; amends §§120.04, 120.04-a, 125.13 & 125.14, adds §§60.36 & 60.21, Penal Law; amends §259-c, Executive Law.  Relates to operating a motor vehicle while under the influence of alcohol or drugs with a child passenger; provides for installation of ignition interlock device as a term of probation in certain instances.

CHAPTER 497
S66004-A 
THOMPSON (Governor Program # 202)
11/19/09 SIGNED See 11-16-09 & 11-20-09 Press Releases
Adds Article 5-L §§119-ee - 119-gg, General Municipal Law.  Authorizes municipalities to create a municipal sustainable energy loan program using federal grant assistance or federal credit support available for such purpose.

CHAPTER 498
S66006 
BRESLIN (Governor Program # 203)
11/19/09 SIGNED
Amends §§3221, 4304 &4105, Insurance Law; amends §4, Chapter 236 of 2009.  Establishes a special enrollment period for employees and members with expired health coverage pursuant to federal law (ERISA, COBRA) who wish to utilize state continuation benefits; provides for the application of state continuation benefits to all health insurance policies and contracts on and after November 1, 2009.

CHAPTER 499
S66009 
BRESLIN (Governor Program # 205)
11/19/09 SIGNED
Repealed & adds Article 78 §§7801 - 7820, amends Insurance Law, generally; adds §§176.40, 176.45, 176.50, 176.55, 176, 60, 176.65 & 176.70, Penal Law; amends §570, Banking Law.  Relates to the licensure of life settlement brokers and life settlement providers; creates certain crimes relating to life settlement fraud; relates to premium finance agreements.

CHAPTER 500
A.11
Rules (Destito) Governor Program # 207
EXTRAORDINARY SESSION
12/04/09 signed
Adds §66, Civil Service Law.  Authorizes term appointments without examination for certain positions requiring special expertise or qualifications in information technology.
 
CHAPTER 501
A.21
Budget # 19
EXTRAORDINARY SESSION
12/04/09 signed See Governor’s 10-15-09 & 12-2-09 (2) Press Releases
Authorizes commissioner of taxation and finance to administer accounts receivable discount program with respect to certain overdue tax liabilities. Tax Penalty Forgiveness Program
  
CHAPTER 502
A.22
Budget # 20
EXTRAORDINARY SESSION
12/04/09 signed See Governor’s 10-15-09 & 12-2-09 (2) Press Releases
Amends Chapters 50, 53, 54 & 55 of 2009.  Amends various provisions of chapters of the laws of 2009 making appropriations for the support of government.
   
CHAPTER 503
A.23 
Budget # 21
EXTRAORDINARY SESSION
12/04/09 signed See Governor’s 10-15-09 & 12-2-09 (2) Press Releases
Amends §§3221 & 4303, Insurance Law; amends §1975, Public Authorities Law; amends §54, State Finance Law; amends §§2 & 12, Part PP of Chapter 56 of 2009; amends §32, Tax Law; amends §3609-a, Education Law.  Implements savings adjustments to the state fiscal plan; relates to state funding of expenses associated with mental health parity coverage mandated for small business group health insurance plans; authorizes the battery park city authority to make contributions to the state treasury; relates to the prefill of medications and rates of health payments; relates to aid and incentives for municipalities to certain cities; authorizes the state comptroller to transfer certain monies to the general fund; relates to those persons excluded from the definition of tax return preparers; creates the gap elimination adjustment; relates to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument.

 CHAPTER 504
A40026
Rules (Silver) Governor Program # 213
EXTRAORDINARY SESSION
12/10/09 signed See Governor’s 3-3-09, 6-3-09 & 12-10-09 Press Releases
Amends Retirement & Social Services Law, generally; amends §6, Chapter 625 of 1975; amends §209, Civil Service Law; amends §90, General Municipal Law; amends §1, Chapter 729 of 1994; amends §13-582, NYC Administrative Code; amends §2575, Education Law.  Provides retirement benefits for new entrants to certain public retirement systems; makes the coordinated-escalator retirement plan and coordinated retirement plan permanent; extends the expiration of public arbitration of disputes between public employers and employee organizations.

CHAPTER 505
A2209-C 
Brodsky
12/11/09 signed 
Repealed §2 sub 4, amends Public Authorities Law, generally; amends §310, Executive Law.  Creates an authorities budget office; clarifies various points of the public authorities accountability act of 2005; establishes a whistleblower access and assistance program; adds provisions relating to public authorities lobbying contacts.

CHAPTER 506
A40012 
Rules (Brodsky) Governor Program # 208
12/11/09 signed See Governor’s 11-18-09 & 12-11-09 Press Releases
Repealed §2824 sub 3, amends Public Authorities Law, generally; repealed Chapter 505 of 2009 (as proposed in S.1537-C/A.2209-C); repealed §27, Chapter 766 of 2005; amends §310, Executive Law.  Creates the authorities budget office.

CHAPTER 507
S66007 
KLEIN (Governor Program # 46RR)
12/15/09 SIGNED See Governor’s 12-15-09 & 11-16-09 Press Releases
Amends §§1303, 1304, 221 & 713, adds §§1305, 1306 & 1307, Real Property Actions & Proceedings Law; amends §§9-611 & 9-620, Uniform Commercial Code; amends Rule 3408, Civil Practice Law & Rules; amend §3-a, Chapter 472 of 2008; amends §§6-f, 6-l, 6-m, 590 & 595-a, Banking Law; amends §187.00, adds §187.01, Penal Law; amends §265-b Real Property Law.  Relates to home mortgage loans, the crime of mortgage fraud, and appropriations to the NYS housing trust fund corporation.