JANUARY 1st BRINGS EXPANDED EPIC BENEFITS

More Seniors Will Save Money on Prescriptions, Applications Have Quadrupled

Tuesday, December 12, 2000

Senate Majority Leader Joseph L. Bruno said today that beginning January 1, 2001, thousands of senior citizens will be able to save money on prescriptions when improvements to the Elderly Pharmaceutical Insurance Program (EPIC) take effect. Senator Bruno noted that the number of older New Yorkers applying for the expanded EPIC program have quadrupled since applications were made available.

"When the Senate Majority first proposed increasing EPIC benefits and expanding eligibility we projected that the number of EPIC enrollees would double within three years," Senator Bruno said. "Now we're seeing the number of incoming applications quadruple since they were made available in October. The changes we made to EPIC are clearly meeting a critical need for seniors. Paying less money for prescription drugs will help lessen the financial burden on thousands more older New Yorkers as we enter the new year." Senator Bruno said.

Senator Bruno pointed out that about 3,000 seniors per month had been applying for the current EPIC program. However, once applications were made available for the improved EPIC program, the number jumped to almost 13,000 applications. As of the end of October, more than 127,969 seniors have enrolled in EPIC to help them afford the cost of prescription drugs.

Starting January 1, 2001, income eligibility for the EPIC program will be expanded to $35,000 (from $18,500) for singles and to $50,000 (from $24,400) for married couples. In addition to expanding eligibility, the new EPIC benefits will reduce deductibles, reduce prescription drug co-payments by about 20 percent and slash fees by an average of almost 20 percent.

In addition to expanded EPIC eligibility limits and increased benefits, other new laws will take effect on January 1, 2001 including (a complete list is attached):


> A new law will authorize localities to provide a property tax exemption related to an increase in assessed value of residential property resulting from the construction of living quarters for a parent or grandparent over 62 years of age. (Chapter 377, S.812, Sen. Johnson)

> A new law will take effect that is designed to prohibit the unlawful sale of cigarettes and tobacco products within New York State via the Internet or by telephone or mail order, primarily to ensure that such sales are not being made illegally to minors. The law also creates penalties for the unlawful possession or sale of tobacco products that are unstamped or unlawfully stamped. (Chapter 262, S.8177, Sen. Fuschillo)

> The creation of a Livery Vehicle Safety Training Program within the state Department of Criminal Justice Services in consultation with the State Police. The curriculum is to include instruction on methods to maximize personal driver safety as well as vehicle and pedestrian safety. This law was passed in response to a rash of violence against livery cab drivers in New York City. (Chapter 148, S.8232, Sen. Goodman)

> Beginning January 1, 2001, the Office of Fire Prevention and Control must begin establishing new fire safety standards for cigarettes sold in New York State. The new standards are scheduled to be implemented within two years. (Chapter 284, S.8181, Sen. Padavan)

> As part of Project SAVE, the Safe Schools Against Violence in Education Act, new provisions will be implemented to promote a better transition back into the community for youths adjudicated as juvenile delinquents leaving detention centers to return to school. (Sections 19-22, Chapter 181, S.8236, Sen. Morahan)

> Establishment of the Unemployment Insurance Control Fund which will be used the identify and to prevent fraud and abuse. Monies in the fund will also be used for collection and enforcement activities, benefit payment control activities and other quality control activities related to the unemployment insurance program. (Sections 4-7, Chapter 5, S.6539, Sen. Spano)

2000 LAWS TAKING EFFECT JANUARY 1, 2001

The following are the bills passed during the 2000 Session that are scheduled to go into effect on January 1, 2001, in chapter number order. In the case of chapters with multiple effective dates, the significant individual section(s) that take effect on January 1, 2001 have been included; in these instances, the section number(s) have been included in the citation.

Chapter 5, Sections 4-7 and 9-12 (S. 6539, Spano)
As part of an Unemployment Insurance (UI) "cleanup bill," enacted as a follow-up to the 1998 UI reform measure, establishes the Unemployment Insurance Control Fund and defines its uses and purposes, and repeals and reenacts the employer contribution rate schedule. Also, for quarterly returns on or after January 1, 2001, amends provisions authorizing the Commissioner of Labor to fix the amount of contributions due from an employer that fails to file a required report or files a report that is incorrect or insufficient, and enacts new penalties for such acts.

Chapter 29 (S. 5857, LaValle)
Removes an existing provision which requires the posting in a conspicuous place of the names of all persons to whom absentee ballots have been given in school district elections, while continuing to require that the list be available for examination by the public during regular business hours on the day of election.

Chapter 56, Part G (S. 6293-A, Budget)
As part of the General Government Budget Implementation bill of the 2000-01 State Budget, authorizes the sale and possession of hypodermic needles and syringes without a prescription when they are obtained by a pharmacy or a health care practitioner authorized to prescribe needles and syringes.

Chapter 57, Part J (S. 6294-A, Budget)
As part of the Public Protection, Health, and Mental Hygiene Budget Implementation bill of the 2000-01 State Budget, modifies provisions of the Elderly Pharmaceutical Insurance Coverage Program (EPIC) by increasing the maximum income eligibility levels for the Premium (Fee) Plan and Deductible Plan and lowering fees paid by participants of the Fee Plan and deductible amounts for participants of the Deductible Plan.

Chapter 61, Part D, Sections 2, 3, 5-10 (S.6292-A, Budget)
As part of the Transportation, Economic Development, and Environmental Conservation Budget Implementation bill of the 2000-01 State Budget, revises a variety of provisions relating to licenses for the taking of fish and wildlife; hunting, fishing, and trapping licenses; and deer and bear tags.

Chapter 63, Parts F, K, AA, GG, II (S.1-B, Bruno)
As part of the 2000-01 State Budget tax reduction package:

For taxable years beginning on or after January 1, 2001, allows the use of the Economic Development Zone Employment Incentive Credit against the alternative minimum tax (Part F);

For taxable years beginning on or after January 1, 2001 with respect to brokerage commissions, margin interest, and account maintenance fees, changes the receipts allocation for securities broker/dealers from where the service is performed to where the customer is located (Part K);

For taxable years beginning on or after January 1, 2001, permits bank to situs receipts from management, administrative, or distribution services to regulated investment companies based on the location of the customer, which conforms the situsing method for banks to the method allowed for general business corporations (Part AA);

For taxable years beginning on or after January 1, 2001, creates the "Empire Zones Program Act" to encourage the creation and expansion of businesses in economic development zones throughout the State (Part GG); and

For property placed in service or that has received a final certificate of occupancy in taxable years beginning on or after January 1, 2001, provides tax credits for the construction and rehabilitation of environmentally sensitive or "green" buildings (Part II).

Chapter 111 (S. 3605-B, Marchi)
Increases the trust funds available for the maintenance and preservation of cemeteries by requiring a cemetery corporation to collect $35 at the time it receives payment for the performance of an interment and to deposit that sum in its permanent maintenance fund.

Chapter 128 (S. 7078, Larkin)
Provides that occupational licenses issued by the Racing and Wagering Board will expire on the licensee's birth date rather than the first day of racing season.

Chapter 133 (S. 7143, Defrancisco)
Specifies that the revenues from service charges for the issuance of permits for the placement of floating objects in the State's navigable waters and from fees for vessel inspections and licenses are to be deposited into the I Love NY Waterways Boating Safety Fund, which is used for boating safety activities and Navigation Law enforcement.

Chapter 148, Section 11 (S. 8232, Goodman)
As part of a new series of measures intended to decrease the incidence of violent crimes committed against drivers of taxicabs and other livery vehicles, creates within the Division of Criminal Justice Services a Livery Vehicle Safety Training Program, to distribute funds to provider agencies for the provision of program services to eligible drivers of livery vehicles.

Chapter 181, Sections 19-22 (S. 8236, Morahan)
As part of Project SAVE, the Safe Schools Against Violence in Education Act, establishes new provisions to promote a better transition back into the community for youths adjudicated as juvenile delinquents leaving detention centers to return to school.

Chapter 242 (S. 7256, Maziarz)
Requires certain private foundations, which are no longer required under federal law to publish a notice advising the public of the availability of their annual returns for public inspection, to publish such notice no later than the day prescribed for filing such annual return.

Chapter 262, Section 2 (S. 8177, Fuschillo)
Makes it unlawful for any common or contract carrier to knowingly transport cigarettes to any person in the State reasonably believed by the carrier to be someone other than a person licensed as a cigarette tax agent or wholesale dealer or registered as a retail dealer, an export warehouse proprietor or an operator of a customs bonded warehouse pursuant to federal law, or an officer, employee, or agent of the government while acting in accordance with his/her official duties.

Chapter 264 (S.2945-A, Rath)
Effective August 16, 2000, but applicable only to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2001, amends the School Tax Relief (STAR) real property tax exemption with respect to its application to mixed-use property (i.e., property not used solely for residential purposes).

Chapter 266 (S.28-A, LaValle)
Requires licensed speech pathologists and audiologists to complete 30 hours of continuing competency course work during each 3-year registration period.

Chapter 268 (S.3453-A, Volker)
Permits the use at trial of the prior testimony of a party in certain instances when the court finds that the party is unavailable to re-testify.

Chapter 284 (S.8181, Padavan)
Establishes fire safety standards for cigarettes to be promulgated by the Office of Fire Prevention and Control within 2 years, as well as the "Cigarette Fire Safety Act Fund" and its revenue sources.

Chapter 286 (S. 925-B, Meier)
Newly allows professionals who practice their profession with or employ one or more other professionals engaged in such profession to use the designation "and associates" or "& associates." (Current law prohibits sole practitioners who employ licensed professional staff from using such terms in their firm names if the other professionals are not partners of the firm.)

Chapter 292, Section 7 (S. 2854-A, LaValle)
As part of a law which establishes the Eastport Volunteer Exempt Firefighters' Benevolent Association in the Eastport Fire District, Town of Eastport (Suffolk County), sets forth the precept for payment of foreign fire insurance premium taxes.

Chapter 301 (S. 5136-B, Skelos)
Amends various provisions of the law relating to the licensing and regulation of hearing aid dispensers to ensure proper implementation of that law (Chapter 599, L. 1998), revises the definitions of audiologist and the practice of audiology, and further regulates the dispensing of hearing aids by other authorized professionals.

Chapter 324 (S. 6893-A, Hannon)
Extends, from 6 months to 1 year, the duration of a lien under contract for public improvements to parallel the existing 1-year duration of a lien for private improvements. Provides that, although no lien may be continued for more than a year, a new order and entry may be made to a court of record or a judge or justice thereof, in each of 2 successive years, rather than in each successive year.

Chapter 326 (S. 6938-A, Morahan)
Applicable to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2001, authorizes local governments to adopt a local law to include Gold Star Parents (i.e., parents of a child who died in the line of duty while serving in the U.S. armed forces during a period of war) within the definition of "qualified owner" for the purpose of offering the veterans' alternative real property tax exemption.

Chapter 334 (S. 7646, Stafford)
Applicable to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2001, clarifies that eligible funds received from the sale of a piece of property may be used by veterans to purchase another piece of property at any time after the sale.

Chapter 335 (S. 7773, Leibell)
Changes the hours for voting in primary elections within Putnam County to 6 am - 9 pm rather than noon - 9 pm.

Chapter 352 (S.5723, Libous)
Includes within the State University's mission actions to encourage, support, and participate with local governments, school districts, businesses, and civic sectors of host communities regarding the health of local economies and quality of life; requires the State University trustees to organize annual conferences on this mission; and requires sponsoring universities or colleges to prepare and distribute a report on such conferences.

Chapter 377 (S. 812, Johnson)
Applicable to real property having a taxable status date on or after January 1, 2001, authorizes local governments to adopt and amend local laws or resolutions to provide for an exemption from taxation to the extent of any increase in assessed value of residential property resulting from the construction or reconstruction of such property for the purpose of providing living quarters for a parent or grandparent who is 62 years of age or older.

Chapter 378 (S. 3588, Libous)
Increases the amount of taxes that may be raised by the Town of Maine (Broome County) for the purchase of certain highway equipment, from $60,000 to $125,000.

Chapter 379 (S. 4320, McGee)
Grants the Secretary of State the authority to provide for the receipt and filing of local laws by electronic transmission.

Chapter 403 (S.1073-A, Johnson)
Exempts from sales tax any food or drink (other than alcoholic beverages) sold by a senior citizen independent housing community for consumption on the premises of the community to its residents and their guests, specifically in the residents' rooms or a dining facility which is not open to the public.

Chapter 426 (S. 2586, Meier)
Adds to the list of lands subject to taxation for all purposes lands owned by the State, including lands leased from the United States for a term of 50 years or more, for use by the Department of Environmental Conservation for certain conservation purposes, exclusive of improvements erected by the State, in the town of Montague (Lewis County).

Chapter 430 (S. 5404, Marcellino)
Changes the definition of a "long bow," from being capable of propelling a legal big game hunting arrow a distance of 150 yards to having a draw weight in excess of 35 pounds, in the provision of the Environmental Conservation Law prohibiting the hunting of deer or bear with a bow other than a long bow.

Chapter 510 (S. 6800-C, Skelos)
Clarifies provisions relating to proportional assessments made against self-insurers, the State Insurance Fund, and commercial insurance carriers to fund the Workers' Compensation (WC) Special Disability Fund, and makes similar changes to conform provisions dealing with the Fund for Reopened Cases and the operation of the WC Board with those made to the Special Disability Fund.

Chapter 528 (S. 7974, Rath)
Applicable to budgets for fiscal years commencing on or after January 1, 2001, amends municipal finance provisions with respect to the budget-making process and use of fund balances, thereby enabling local governments to reduce or avoid the cost of borrowing, offset revenue shortfalls, stabilize taxes and maintain services, and enhance their credit rating.

Chapter 529 (S. 8058, Farley)
Provides for the phase-in of a 12-hour mandatory continuing education requirement for funeral directors to be completed for biennial registration, with a 6-hour requirement for the initial biennial period that commences June 30, 2002.

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