Fall 2007

Protecting Our Safety & Health

A8791A/Chapter 345 Creates the crime of aggravated vehicular assault and aggravated vehicular homicide. A lack of a middle ground between vehicular manslaughter and homicide left law enforcement officials lacking the tools necessary to properly charge and convict criminals who have caused an injury or death resulting from a DWI. The new law allows prosecutors and judges to charge and convict criminals with a B Felony, which carries a penalty of up to 25 years in prison.

A7512/Chapter 373 Increases the penalty for failing to register as a sex offender under the Sex Offender Registry Act from a class A misdemeanor to a class E felony for the first offense and a class D felony for a second or subsequent offense. Police agencies believe that by increasing the penalties, fewer sex offenders will fail to register. The registry helps the general public know the whereabouts of sex offenders in their area.

A50/Chapter 303 Authorizes the creation of additional urban search and rescue teams, specialty rescue teams and incident support teams in areas of the state where the need is greatest. The legislation also establishes an accreditation program and encourages compliance with the National Incident Management System and the National Response Plan. “As a result of this new law, the Office of Fire Prevention and Control has begun making preliminary plans to place a dedicated state resource on Long Island, which will put our region in a far better position to respond to security and natural disaster events,” said Assemblyman Weisenberg. “This is the most significant piece of public safety legislation to become law in New York State this year.”

A1044A/Chapter 236 Requires information to be posted at the entrance of a building about the location of an automated external defibrillator. AEDs are proven lifesavers during a cardiac emergency. Making sure that the AED can be located quickly when people are under pressure to find it can mean the difference between life and death.

A4650A/Chapter 393 Directs the New York State Department of Health to produce an annual report on the prevalence of skin cancer and submit it to the Governor, legislature and the general public through its web site. The DOH report will be an important addition to Assemblyman Weisenberg’s ongoing efforts to lower the incidence of skin cancer in New York State.

A5036A/Chapter 582 Creates a suitable level of offense for individuals who directly interfere, harass or harm a service animal. There has been an increase in the incidents of injuries, death and trauma against service animals. These animals undergo rigorous and costly training and play a vital role in the lives of those they serve and deserve special protections.

A8618 (J.T.’s law) Directs the New York State Department of Health to create educational materials to help prevent choking by children to be distributed to schools, daycare centers, pediatricians, hospitals and parents to increase awareness of choking hazards. The materials will also include life-saving procedures and precautions. The DOH will also conduct a public awareness campaign on choking hazards and life-saving techniques, including the availability of CPR classes. Choking is the fourth leading cause of accidental death of children younger than five. Signed by the Governor on August 28, 2007.

Providing Tax Relief

A6097/Chapter 46 Places a 1 percent cap increase on the adjusted base proportion for residential properties in Nassau County. This legislation slows the change in the proportion of taxes paid by homeowners compared with taxpayers in commercial, rental or utility property, which will help control the burden on homeowners.

A6130/Chapter 67 Allows special assessing units besides cities to adjust their current base proportions based on such special assessing unit’s 2007 assessment roll. This legislation amends Real Property Tax Law by capping the maximum class growth at 1 percent in a special assessing unit for one year only.

Improving the Lives of People with Disabilities and their Families

A6846A/Chapter 24 (Jonathan’s Law) Gives parents and guardians of children and adults with mental disabilities access to reports of abuse or other incidents occurring in a mental hygiene facility. Under the provisions of Jonathan’s Law, the director of a mental hygiene facility has 24 hours to notify a parent or guardian by phone when a patient has been involved in an accident or injury that affects the health and safety of a patient. Upon request, the director must provide parents with a written copy of the incident report, a copy of investigative reports about patient abuse or mistreatment, offer to hold a meeting about the incident with parents, and provide to parents, within ten days, a written report on the actions taken. Jonathan’s Law also widens the net of protection by making the incident-reporting requirement applicable to all licensed and certified facilities providing services to people with mental disabilities, not only state-operated facilities.

A4375A/Chapter 455 Certain terms currently used diminish the humanity of individuals with disabilities, creating an invisible barrier that excludes these individuals from being viewed as equal members of the community. When individuals or groups are identified only by their disability – e.g., autistics or quadriplegics - all the thoughts, goals, feelings, talents and abilities of a person become reduced to only one characteristic. This legislation encourages public officials and lawmakers to use respectful language and to avoid language that implies that a person as a whole is disabled (e.g., the learning disabled); equates persons with their conditions (e.g., epileptics); has negative overtones (e.g., afflicted with cerebral palsy); or is regarded as derogatory or demeaning (e.g., handicapped or mentally deficient).

A7911A/Chapter 475 Requires the Commissioner of the Office of Mental Retardation and Developmental Disabilities, in consultation with other appropriate agency representatives, to prepare and distribute to first responders – including emergency medical services personnel, firefighters and police officers – a booklet containing information on recognizing the behavioral symptoms and characteristics of children and adults with autism spectrum disorders. According to the Centers for Disease Control and Prevention, one of every 150 American children has an autism spectrum disorder. Given this high number, it is likely that first responders will be called upon to help such people, and it is critical that they are informed about how to handle this special population.

Governor Eliot Spitzer joined Harvey and Ellen Weisenberg at an event celebrating the Governor’s signing of Weisenberg’s bill (A8878/Chapter 232) authorizing the funding to begin the dredging of the Jones Beach inlet.

A7179/Chapter 246 Extends the authority of Nassau County to enforce and initiate certain provisions of the environmental conservation law related to water pollution.

A8213/Chapter 151 Allows the Department of Environmental Conservation to restrict the taking of fish, shellfish and crustacea in designated special management areas to assure the continuation of protective measures for reef fisheries.