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Includes Women�s Health, Tax Cuts and Debit Card Security Measures
Thursday, December 26, 2002
Senate Majority Leader Joseph L. Bruno announced that the law requiring expanded insurance coverage for prevention, early detection and treatment of women�s health needs and coverage for prescription contraceptives will be among the new laws that will take effect January 1, 2003.
In addition, more than $242 million in tax cuts for businesses, married couples, low-income families and college tuition expenses will take effect on January 1, 2003, as well as a measure that will provide for enhanced security for debit card transactions.
The Women�s Health and Wellness Act of 2002 (Chapter 554 S.7657, Bruno) requires expanded insurance coverage for prevention, as well as early detection and treatment of breast and cervical cancer, osteoporosis and other women�s health needs, as well as coverage for prescription contraceptives for all women.
"With this law taking effect on January 1, women will now get expanded access to critical health care services that can save lives," said Senator Bruno. "This law will build on the Senate Majority�s long history of promoting and supporting measures that enhance women�s health and that of all New Yorkers."
"The implementation of the Women�s Health and Wellness law will save women�s lives and will furthermore prolong the quality of life for the women of New York and their families," said Senator John Bonacic (R-C, Mt. Hope), co-chair of the Senate Women�s Health and Wellness Task Force.
"This legislation will result in dramatic declines in the number of women who were previously undiagnosed with often preventable and treatable diseases," said Senator Mary Lou Rath (R-C, Amherst), co-chair of the Senate Women�s Health and Wellness Task Force. "Women make three-quarters of the health care decisions in American households, and spend almost two of every three health care dollars. This bill increases access and expands critical health services for women; in short, we are ensuring that the caregivers are eligible for care."
"This law strikes an appropriate balance for women�s health care in New York State and continues the Senate�s initiatives in that direction," Senator Kemp Hannon (R-C, Garden City), Chairman of the Senate Health Committee, said.
Specifically, the Women�s Health law will:
BREAST/CERVICAL CANCER SCREENING
* expand women�s access to mammography and cervical cancer screenings by closing a loophole in earlier laws requiring coverage that exempted some "multistate" policies;
* require insurers to pay for annual breast cancer-detecting mammograms for women beginning at age 40. Current law requires coverage for biannual screenings for women aged 40 to 49, and annually from age 50.
OSTEOPOROSIS EXAMS
* require coverage for preventive screening tests, like routine bone density exams, to
detect the bone-crippling disease osteoporosis, according to National Institutes of Health and Medicare guidelines.
CONTRACEPTIVE COVERAGE
* require that prescription drug plans include coverage for approved contraceptive drugs and devices;
* certain religious organizations are exempt from providing such coverage when the nonprofit employer�s main mission is religious, and it primarily employs and serves people of that religion. Employees of these organizations would be able to purchase this coverage on their own at a lower cost group rate.
OBSTETRICS/GYNECOLOGY DIRECT ACCESS
* clarifies a 1994 law allowing women to choose an obstetrician/gynecologist without a referral from a primary care physician to cover all women enrolled in eligible plans.
OUTREACH
* The Senate and Assembly will each contribute $250,000 to the Healthy Women Partnership Program to be used for individuals who cannot meet deductible or co-pay obligations. The funds would also be used to establish a statewide public education and outreach campaign to publicize breast cancer detection and education services including general community education, outreach to specific underserved populations, clinical breast cancer screening services and follow-up care, extent of coverage for such services by health insurance, the medical assistance program and other public and private programs.
The law closes several loopholes in existing law that limited some women�s access to early detection screenings for breast and cervical cancer. Additionally, it provides coverage according to nationally recognized criteria for women to detect osteoporosis, a bone-weakening condition that affects nearly half of women, usually by age 50.
Women who have difficulty meeting costs for breast or cervical exams because of high insurance deductibles will be provided free screenings through the Healthy Women Partnership Program which is offered through the State Department of Health.
The law requires contraceptive drugs and devices be included in the prescription coverage provided by insurers and HMOs. Many employers and health plans already include such coverage.
Religious organizations with faith-based objections are exempt if they primarily employ and serve members of that faith. These employees must, however, be provided access to contraceptive coverage through lower-cost group rates. In addition, employees of an organization covered by the religious exemption would be entitled to prescribed contraceptives to address other medical problems. A majority of states that statutorily require contraceptive coverage provide similar exemption provisions for religious organizations.
TAX REDUCTIONS EFFECTIVE JANUARY 1, 2003
The Senate Majority has initiated hundreds of millions of dollars in tax reductions for families and businesses over the past eight years. Many of these tax cuts are phased in over a number of years. On January 1, 2003, tax reductions and credits will take effect that will save more than $242 million for married couples, for people paying for college or trying to earn money to get off public assistance and become self sufficient, for utility customers and for people who want to purchase new fuel cell energy sources.
Marriage Penalty - Standard Deduction
The standard deduction for married couples who do not itemize on their tax returns will be increased from $14,200 to $14,600, reducing the so-called "marriage penalty" that resulted in many married couples paying taxes on more of their income than those who are single. This tax cut alone will save New York married couples more than $77 million.
Earned Income Tax Credit
The Earned Income Tax Credit will be increased from 27.5% to 30% of the federal credit. The increase in the EITC will save New York�s low-income taxpayers $59 million in the state fiscal year 2003-04.
College Tuition Credit/Deduction
The college tuition tax credit/deduction, a Senate initiative enacted in 2000 to help families afford the cost of a college education, enables New York�s taxpayers to defray up to $10,000 for higher education tuition through the use of a personal income tax deduction or credit. The tax credit/deduction will increase from 50% of expenses to 75% of expenses, saving $55 million next year.
Fuel Cell Credit
A personal income tax credit of 20% of the cost of purchasing and installing a fuel cell to power homes will save $1 million in 2003.
Utility Tax Reductions
Reductions in the Gross Receipts Tax and other taxes imposed on natural gas and electricity will save residential and business utility customers $50.6 million in 2003.
ENHANCED SECURITY FOR DEBIT CARD TRANSACTIONS
Chapter 479 (S. 4697C, Spano)
This law provides enhanced security for debit card transactions by regulating such transaction forms in the same manner as credit cards. The existing law prohibited printing the last four digits of credit card numbers only. This new law will provide security for both credit and debit cards and protect consumers, banks and businesses.
"Each year, an estimated $2 billion nationwide is lost due to credit card and debit card fraud. As New Yorkers use their debit cards more and more, the likelihood of fraud increases," said Senator Nick Spano (R-C, Westchester). "Effective January 1, increased safeguards against this fraud will be in tact by prohibiting vendors from printing card numbers on transactions and receipts."
Attached is a complete list of legislation to take effect January 1, 2003
2002 LAWS TAKING EFFECT IN 2003
The following are the bills passed during the 2002 Session that are scheduled to go into effect during the year 2003, in order of effective date and chapter number.
January 1, 2003
Chapter 1, Part B, Section 22 (S. 6084, Rules)
As part of a larger bill making numerous amendments to the Health Care Reform Act (HCRA), extends for another year, until July 1, 2003, authorization for the development and operation of prepaid health services plans and the provision of physician case management programs for Medicaid recipients. Similarly extends for another 6 months, until June 30, 2003, authorization for the provision of comprehensive health services to Medicaid recipients, as well as the provision of 6 months� guaranteed Medicaid eligibility to Safety Net, Temporary Assistance for Needy Families (TANF), and SSI recipients enrolled in comprehensive health services plans.
Chapter 1, Part B, Section 24 (S. 6084, Rules)
Also as part of the HCRA amendments, extends for another year, until December 31, 2003, the historical methodology for determining reimbursement rates for nursing home capital costs.
Chapter 35, Section 4 (S. 6796, Skellos)
As part of the 2002 legislative redistricting law, stipulates that as of January 1, 2003, the new Senate and Assembly districts are to be used for filling any vacancies that may occur.
Chapter 81, Part A (S. 6256-B, Budget)
This part of the 2002-03 Public Protection and General Government budget bill authorizes the Office of Fire Prevention and Control, effective January 1, 2003, to conduct annual safety inspections on all public and independent college and university campuses outside the City of New York.
Chapter 85, Part G (S. 6260-B, Budget)
This component of the 2002-03 State Revenue bill makes a technical correction to the customer sourcing rules for financial services companies to include over-the-counter derivatives dealers, as the original legislation intended.
Chapter 85, Part L (S. 6260-B, Budget)
Another part of the same 2002-03 Revenue bill increases the 1st quarter estimated payment for business taxpayers with annual State tax liability over $100,000 from 25% to 30% of the tax imposed.
Chapter 130 (S. 743, Johnson)
Extends the closing date of the prohibition on the possession of bay scallops for sale for food purposes from September 15th until the first Monday in October.
Chapter 143 (S. 4503-B, LaValle)
Provides that every person who satisfactorily completes an accredited postdoctoral dental residency program of at least one year in duration in a hospital or dental facility shall be deemed to have met the clinical dental examination requirements of the dental licensing examination.
Chapter 158, Sections 2 & 3 (S. 6729, Rath)
Stipulates that provisions of law allowing school districts located in more than 1 city or town with the same equalization rates to apportion property taxes based on assessed values, as added by this chapter, will be effective for taxes levied in school years beginning in 2003.
Chapter 179 (S. 499, Morahan)
Broadens the real property tax exemption for the taxes imposed upon the primary residence of a seriously disabled veteran by including the exemption from special district charges, assessments, and special ad valorem levies.
Chapter 259 (S. 7681, Padavan)
Requires New York City to report real property conveyances to the State Board of Real Property Services in the same manner as the rest of the State, and eliminates the separate New York City fee on such conveyances so that all such conveyances in the State are subject to the same fee.
Chapter 265 (S. 4730-B, Marcellino)
States that unless a person has been issued a nuisance wildlife control operator license by the Department of Environmental Conservation (DEC), he/she is prohibited from charging a fee to take, possess, transport, or release nuisance wildlife, and specifies that no one may be issued a license by DEC unless he/she has completed nuisance wildlife control training.
Chapter 355 (S. 3920, Stafford)
Expands the list of public officers who may not accept or receive gifts of $75 or more to include an individual whose name has been submitted by the Governor to the Senate for confirmation to become a State officer or employee.
Chapter 428 (S. 2499-A, Leibell)
Authorizes Putnam County, at local option, to grant a real property tax exemption of 10% of assessed value (capped at $3,000 multiplied by the latest applicable State equalization rate) for local taxes for real property owned by an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service, or an enrolled member and spouse, residing in the county.
Chapter 431 (S. 3093-A, Volker)
Authorizes Erie County, at local option, to grant a real property tax exemption of 10% of assessed value (capped at $3,000 multiplied by the latest applicable State equalization rate) for local taxes for real property owned by an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service, or an enrolled member and spouse, residing in the county.
Chapter 432 (S. 3210-C, Volker)
Authorizes municipalities in Wyoming County, at local option, to grant a real property tax exemption of 10% of assessed value (capped at $3,000 multiplied by the latest applicable State equalization rate) on real property owned by an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service, or an enrolled member and spouse, residing in the county.
Chapter 433 (S. 3325-B, Kuhl)
Provides a partial real property tax exemption for real property owned by a volunteer firefighter or ambulance worker residing in Steuben County to the extent of 10% of its assessed value, similar to that already provided for Rockland County.
Chapter 435 (S. 5042-A, Saland)
Authorizes Dutchess County to grant a real property tax exemption of 10% of assessed value (capped at $3,000 multiplied by the latest applicable State equalization rate) for real property owned by an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service, or an enrolled member and spouse, residing in the county.
Chapter 440 (S. 5840-A, Marcellino)
Authorizes Nassau County to grant a real property tax exemption of 10% of assessed value (capped at $3,000 multiplied by the latest applicable State equalization rate) for real property owned by an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service, or an enrolled member and spouse, residing in the county.
Chapter 445 (S. 6401-B, Larkin)
Decreases the size of parcels of land used in agricultural production that are eligible for agricultural real property tax assessment, from 10 acres to 7 acres, as long as they still produced crops worth at least an average gross sales volume of $10,000 in the previous 2 years, and alters the definition of "farm operation" so that farmers can aggregate both contiguous and noncontiguous parcels of owned or rented land as long as the combined acreage equals at least 7 acres and it yields at least $10,000 in annual gross sales.
Chapter 450 (S. 6587-A, Trunzo)
Authorizes Suffolk County to grant a real property tax exemption of 10% of assessed value (capped at $3,000 multiplied by the latest applicable State equalization rate) for real property owned by an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service, or an enrolled member and spouse, residing in the county.
Chapter 541 (S. 5378-C, Farley)
Changes existing registration requirements for investment advisers in order to enable New York to participate in the national Investment Adviser Registration Depository (IARD) system.
Chapter 556 (S. 6221-A, Larkin)
Creates an optional special equalization rate for the apportionment of school taxes for designated large school district parcels located in more than one city or town.
Chapter 558 (S. 1116-A, Morahan)
Exempts from dog licensing fees any therapy dog (i.e., a dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes, and other settings and is actually used for such purpose, or any dog owned by a recognized training center located within the State during the period such dog is being trained or bred for such purpose).
Chapter 568 (S. 6761-A, Velella)
Expands provisions allowing the payment of real property taxes by mail to authorize payment as well by any delivery service designated by the U.S. Secretary of the Treasury under the Internal Revenue Code (IRC).
Chapter 582 (S. 3707-A, Hannon)
Streamlines the process by which a bond is posted to discharge a mechanic�s lien on private and public improvements.
Chapter 593 (S. 6817, Volker)
Permits the court, in civil matters, to convert a motion into a special proceeding, or vice versa, if the court finds it appropriate in the interests of justice, and to set such terms as it may find just, including the payment of fees and costs.
Chapter 595 (S. 7453-A, Volker)
Amends provisions specifying in detail the acceptable paper size, margins, and methods of reproduction of briefs and appendices in civil appeals, in order to give the appellate courts more flexibility to respond to changes in technology.
Chapter 616 (S. 7218, Maziarz)
Makes various changes allowing for the correction of erroneous assessment rolls, including: the correction of an assessment roll where a partial real property tax exemption on the immediately preceding year�s assessment roll was incorrectly granted for a parcel that was ineligible for the exemption; corrections to an assessment roll when the warrant for the collection of property taxes has expired; notification procedures to be followed in the event an error that exists in a previous assessment roll is discovered during an assessment dispute investigation to also exist in the current roll; and allowance for a real property tax credit against outstanding taxes, rather than just a refund, in the event of an error in the assessment roll.
2001 LAWS TAKING EFFECT IN 2003
The following are the bills passed during the 2001 session that are scheduled to go into effect during the year 2003, in order of effective date and chapter number.
January 1, 2003
Chapter 489 of 2001 (S.3183-A, McGee)
Exempts towns and villages and their offices and agencies from statutory fees that must be paid prior to the commencement of an action within their own town or village court, or, additionally, in the case of a town, from any village court within the town.
Chapter 550 of 2001 (S.5435, McGee)
Authorizes Chautauqua County, a local sponsor of Jamestown Community College, to pay all operating costs incurred by the county and those incurred by any city within the county which is a local sponsor of the college.
2000 LAWS TAKING EFFECT IN 2003
The following are the bills passed during the 2000 session that are scheduled to go into effect during the year 2003, in order of effective date and chapter number.
January 1, 2003
Chapter 63 of 2000, Part K, Section 2 (A.11006, Rules)
Applicable to taxable years beginning on or after January 1, 2003, changes the receipts allocation for securities brokers/dealers from where the service is performed to where the customer is located, with respect to income from principal transactions, fees for advisory services for underwriting activities, interest on loans and advances, and fees for management or advisory services in relation to merger or acquisition activities.
Chapter 63 of 2000, Part Z, (A.11006, Rules)
Applicable to taxable years beginning on or after January 1, 2003, creates a new personal income tax credit of 20% (up to $1,500) for the costs of installing fuel cell electric generating equipment in the taxpayer�s principal residence.
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