New tax rates among NY laws taking effect

Governor Andrew Cuomo during a press conference at Cornwell Avenuew School in West Hempstead where he signed legislation that will reduce the MTA Payroll Tax on Small businesses. (Dec.12, 2011) Credit: Newsday/Alejandra Villa
ALBANY -- More than a dozen new state laws take effect Sunday, covering areas from motor vehicle safety to new personal income tax brackets and Chinese medicine.
Two of the biggest new laws deal with taxes, with one capping property tax levy increases at the lesser of 2 percent or the rate of inflation.
Lawmakers also enacted new income tax brackets that increase taxes for the wealthy, provide a small reduction for the middle class, and keep rates the same for low-income people. The new brackets replace a temporary "millionaires" tax increase on high earners that expired at midnight.
The partial repeal of a payroll tax to support the Metropolitan Transportation Authority goes into effect this year, too, but not until April 1.
The state's "move over" law expands Sunday to include hazard vehicles that show flashing amber lights, such as tow trucks. The law, which took effect last Jan. 1, requires drivers to slow down when approaching an emergency vehicle with flashing lights stopped on the shoulder and to put a lane between themselves and the vehicle, as long as it's safe to do so.
"Being by the side of the road is dangerous; you can ask any police officer," said Robert Sinclair Jr., spokesman for AAA New York. "There are big, heavy vehicles moving by at high speed, so a provision of law that alerts people to the fact that they need to exercise due care . . . is vitally needed."
While it's already illegal to sell tobacco products and pipes to children, new laws are designed to catch up with the hookah craze.
Shisha -- tobacco or other herbs in leaf form intended to be smoked in a hookah or water pipe -- has been added to the list of smoking products off-limits to minors.
Minors are also prohibited from purchasing any kind of paraphernalia for inhaling tobacco, including hookahs and vaporizers. Current law simply bans the sale of "pipes."
Many changes taking effect
-- The state Department of Environmental Conservation gets more power to prohibit the sale of products containing mercury. The department previously had to determine that there is no alternative to mercury in order to ban the sale of certain devices, such as a sphygmomanometer, used to measure blood pressure.
-- Health insurers must cover oral chemotherapy treatments in addition to intravenous treatments. The new law catches insurance coverage up to medical advances that allow many chemotherapy treatments to be taken in a pill or liquid form at home.
Dentists must equip their offices with automatic external defibrillators. State law already requires them to be certified in performing cardiopulmonary resuscitation, which includes training to use defibrillators.
-- The election date for the Fair Harbor fire district on Fire Island changes to the second Tuesday in July instead of the second Tuesday in December. The stated reason for the change is to increase voter turnout in a community where many property owners don't live year-round.
-- Bear gall bladders, used as an ingredient in Chinese medicinal and cosmetic products, are regulated for the first time. Until now, New York had been one of five states that had no restrictions on their sale. That made it possible for poachers from states where the sale of bear gall bladders is illegal to sell them in New York. Bladders and bile for sale must include a tag issued by the DEC to prove the bear was killed legally by a licensed hunter.
-- The use of phosphorus fertilizer for lawns or turf is prohibited, with some exceptions. The law aims to reduce the amount of phosphorus that gets into the water. Phosphorus pollution can cause algal blooms that damage ecosystems.
-- Franchised motor vehicle dealers must give consent to take part in manufacturer and distributor promotions that cost them money. Currently, dealers can be on the hook financially for promotions they have no control over.
-- The number of commercial fishing licenses will continue to be capped and could be reduced in order to prevent overfishing.
-- "Excessive" unexcused absences by fire commissioners will be included under the definition of dereliction of duty that can be cause for removal.
-- The state can hire up to 500 information technology professionals through five-year appointments, rather than following traditional hiring rules, so as to rely less on costly outside IT consultants.
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