Dear Friend:

Although this year’s legislative session was dominated by the crafting of the state budget, there were also a number of important bills signed into law. This newsletter highlights those pieces of legislation—including several measures I sponsored.

Many of the new laws adopted each year are the result of suggestions made by individuals. If you have a suggestion for a new law or a change in an existing law, please do not hesitate to put those thoughts in writing and mail them to my office.

If you wish to receive a copy of any of the new laws described in this newsletter, please contact my district office at 664-7773 in the southern part of Chautauqua County or 672-7050 in the northern part of the county, or e-mail parmenw@assembly.state.ny.us and my office will provide you with a copy.

Children and Families

Child Custody – This new law allows a relative of a child who has been in foster care for less than 12 months to petition for custody of that child and be awarded custody unless the court finds it is not in the best interests of the child. (Ch. 671)

Codes

Vulnerable Population Notification – This change in law requires law enforcement agencies to maintain a list of entities with vulnerable populations that may be notified when a sex offender poses a risk to public safety. (Ch. 680)

Sex Offender Banned from Community Service – This change in law prohibits felony sex offenders from participating in community work crews operated by the state Department of Corrections. (Ch. 252)

Sex Offenders Banned From School Grounds – This new law prohibits any Level 3 sex offender placed on probation, conditional release or parole from being on school grounds or certain other facilities where children are cared for. (Ch. 544)

Watercraft Operation Age – This change in law increases the legal age for operating a personal watercraft or specialty prop-craft from 10 to 14 beginning in the summer of 2009. (Ch. 248)

Consumer Protection

Personal Information Security Breach Notification – This new law requires state agencies and businesses to notify people of the potential acquisition of vulnerable personal information by an unauthorized person. (Ch. 442)

Wireless Telephone Directory – This change in law prohibits the disclosure or use of a wireless cell phone number for the purpose of creating a wireless directory without permission of the owner. (Ch. 655)

Interstate Wine Shipments – This new law authorizes 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 out of the state to 36 per year. (Ch. 210)

Energy

Low-Cost Power – This change in law extends and strengthens the state’s low-cost power programs that provide energy savings to businesses to help create jobs. The law continues several energy programs that were scheduled to expire. It also allows the New York Power Authority to continue providing low-cost power to businesses statewide, including Western New York. (Ch. 313)

Governmental Operations

Ethics Loophole Closed – This new law closes the loophole that allows state and legislative employees to escape ethics investigations by simply leaving their jobs. The legislation also expands the jurisdiction of the state Ethics Commission and the Legislative Ethics Committee to former employees or officials for the year after they leave service. (Ch. 165)

Health

Hospital Infection Disclosure – This law requires hospitals to collect, maintain and report infection rates for specified surgical procedures to the state Department of Health. Under the bill, the DOH is required to establish a statewide database of hospital infection information and report various trends and developments to the governor and the Legislature. (Ch. 284)

Internet Drug Pricing – This new law requires the DOH to establish and maintain a database on its Web site allowing consumers to compare the retail drug prices at different pharmacies. The database will contain 150 of the most prescribed drugs and their prices by zip code and other factors. (Ch. 293)

Criminal Background Check – This change in law would require the DOH to review the criminal history of prospective employees of nursing homes and home care services agencies. (A-2003, awaiting governor’s approval)

Local Government

Volunteer Death Benefits – This change in law increases death benefits for volunteer ambulance workers and firefighters. (Ch. 212)

Health Benefits – This change in law ensures that volunteer firefighters who suffer heart attacks while performing their duties are covered by the Volunteer Firefighters Benefit Law. (Ch. 138)

Mental Health

Kendra’s Law Reauthorized – This legislation continues 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 and caregivers—with the support of a physician—to obtain a court order ensuring that a mentally ill person follows his or her prescribed treatment plan. If the person violates the court order by not adhering to the plan, he or she can be held for a 72-hour emergency evaluation to determine the need for a more serious intervention. (Ch. 158)

Transportation

Hit and Run Divers – This new law cracks down on hit-and-run drivers by increasing penalties for leaving the scene of a fatal accident from a Class E to a Class D felony, raising the maximum prison sentence to seven years. The law also increases 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. (Ch. 49)

Snowmobile Rights and Responsibilities Act – This new law enacts the Snowmobile Rights and Responsibilities Act to strengthen snowmobile trail development and maintenance efforts, promote safe snowmobile operation, and address the financial burden of providing comprehensive liability coverage to snowmobile operators, clubs and landowners. (Ch. 609)

Veterans Affairs

Local Property Tax Exemption – This law establishes new veteran real property tax exemption categories for municipalities. It also allows municipalities to increase the maximum tax exemption to veterans as well as require that tax bills show the full value of the exemption. (Ch. 256)

Oil and Gas Law – This substantial change in law removes the uncertainty of processing and developing oil and natural gas wells, and allocates the risks and responsibilities among operators and owners of mineral interest on a reasonable and equitable basis. (Ch. 386)

Navy Club Recognition – This change in law allows the Navy Club to be on the list of veteran organizations that municipalities are authorized to appropriate money to for meeting space. Any citizen who has served or is now serving in the U.S. Navy, Marine Corps, Seebees, or the Coast Guard is eligible for membership in the Navy Club. The Navy Club is a federally recognized veteran organization. This change in law was requested by a resident of Chautauqua County. (Ch. 328)

DEC Land Donation – This change in law allows the NYS Department of Environmental Conservation to accept the donation of The Canadaway Creek Nature Sanctuary from The Nature Conservancy. The Canadaway Creek Nature Sanctuary is a 33-acre sanctuary located in the town of Dunkirk. Of the four parcels The Nature Conservancy offered to transfer to the DEC, two had conditions attached which prevented the DEC from accepting them. (Ch. 193)

Chautauqua County Clothing Sales Tax Exemption – This change in law allows Chautauqua County to exempt items of clothing and footwear less than $110 from local sales taxes. In an effort to assist residents and local merchants, the county Legislature requested the change in law. (Ch. 710)

Senator Present Memorial Highway – This new law designates Route 430 in Chautauqua County as the “Senator Jess J. Present Memorial Highway,” in recognition of his years of state service. (Ch. 595)