Assembly Bill A6030

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6030

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M.  of A. KOON, BING, COLTON, EDDINGTON, JOHN, LIFTON --
  Multi-Sponsored by -- M. of A. BRENNAN, CARROZZA, ENGLEBRIGHT,  HEAST-
  IE,  PAULIN, PERALTA, RAMOS -- read once and referred to the Committee
  on Codes

AN ACT to amend the executive law  and  the  general  business  law,  in
  relation to gun trafficking and the firearm, rifle and shotgun ballis-
  tic  identification  databank; and providing for the repeal of certain
  provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  2,  4 and 5 of section 230 of the executive
law, as added by chapter 189 of the laws of 2000, are amended to read as
follows:
  2. The superintendent of the division of state police, in  cooperation
with the United States department of [treasury] JUSTICE, bureau of alco-
hol,  tobacco  and  firearms  and  district attorneys in New York state,
shall develop and implement a strategy  for  the  interdiction  of  guns
illegally  entering  New  York  from supplier states. The strategy shall
include identifying and prosecuting gun  traffickers  and  suppliers  of
such guns who may be violating federal, state or local laws, and cooper-
ating with the United States department of [treasury] JUSTICE, bureau of
alcohol, tobacco and firearms and appropriate prosecutorial agencies and
law  enforcement  agencies  in  supplier states in the investigation and
enforcement of such laws. District attorneys  are  authorized  to  enter
into  collaborative agreements with prosecutorial and other governmental
agencies and entities in supplier states in an effort to stop the  move-
ment of illegal guns into New York.
  4. (A) The superintendent of the division of state police shall estab-
lish  and maintain within the division a criminal gun clearinghouse as a
central repository of information regarding all guns seized,  forfeited,
found  or otherwise coming into the possession of any state or local law

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01620-01-9
              

A. 6030                             2

enforcement agency which are believed to have been used in  the  commis-
sion  of  a  crime.  The  superintendent of the division of state police
shall adopt and promulgate regulations prescribing reporting  procedures
for such state or local law enforcement agencies, including the form for
reporting  such  information. In addition to any other information which
the superintendent of the division of state police may require, the form
shall require [(a)] (I) the serial number  [or],  BALLISTIC  INFORMATION
AND  other  identifying  information  on the gun, EXPENDED PROJECTILE OR
EXPENDED SHELL CASING, if available and [(b)] (II) a  brief  description
of  the  circumstances  under  which  the  gun,  EXPENDED  PROJECTILE OR
EXPENDED SHELL CASING came into the possession of  the  law  enforcement
agency,  including  the  crime which was or may have been committed with
the gun.
  (B) ANY GUN, EXPENDED PROJECTILE  OR  EXPENDED  SHELL  CASING  SEIZED,
FOUND,  OR  OTHERWISE  COMING  INTO POSSESSION OF ANY STATE OR LOCAL LAW
ENFORCEMENT AGENCY SHALL BE SUBMITTED TO THE DIVISION OF  STATE  POLICE,
WHICH SHALL CAUSE TO BE ENTERED IN THE CRIMINAL GUN CLEARINGHOUSE ESTAB-
LISHED  PURSUANT  TO  PARAGRAPH  (A)  OF THIS SUBDIVISION (I) THE SERIAL
NUMBER, BALLISTIC INFORMATION AND IDENTIFYING INFORMATION  ON  THE  GUN,
EXPENDED  PROJECTILE,  OR EXPENDED SHELL CASING, IF AVAILABLE AND (II) A
BRIEF DESCRIPTION OF THE CIRCUMSTANCES UNDER  WHICH  THE  GUN,  EXPENDED
PROJECTILE  OR EXPENDED SHELL CASING CAME INTO THE POSSESSION OF THE LAW
ENFORCEMENT AGENCY.
  (C) MATERIALS REQUIRED TO BE SUBMITTED PURSUANT  TO  THIS  SUBDIVISION
SHALL BE SUBMITTED WITHIN THIRTY DAYS OF COMING INTO THE POSSESSION OF A
STATE OR LOCAL LAW ENFORCEMENT AGENCY. SUCH MATERIALS SHALL BE TESTED OR
EXAMINED  AS  REQUIRED  BY  THIS SUBDIVISION WITHIN THIRTY DAYS OF THEIR
RECEIPT BY THE LABORATORY.
  5. In any case where a state or local law enforcement agency  investi-
gates  the  commission  of  a  crime in this state and a specific gun is
known to have been used in  such  crime,  such  agency  shall  submit  a
request FOR A TRACE OF SUCH GUN to:
  (A)  the  national  tracing  center  of the United States [Department]
DEPARTMENT  of  [Treasury]  JUSTICE,  bureau  of  alcohol,  tobacco  and
firearms  to  trace  the  movement  of such gun [and such federal agency
shall be requested to provide the  superintendent  of  the  division  of
state  police  and  the local law enforcement agency with the results of
such a trace], AND
  (B) THE FIREARM, RIFLE AND SHOTGUN BALLISTIC  IDENTIFICATION  DATABANK
ESTABLISHED  PURSUANT  TO  SECTION  THREE  HUNDRED  NINETY-SIX-FF OF THE
GENERAL BUSINESS LAW.
  This subdivision shall not apply where the source of a gun is  already
known to a local law enforcement agency.
  S  2.  Section 396-ff of the general business law, as added by chapter
189 of the laws of 2000, is amended to read as follows:
  S 396-ff. [Pistol] FIREARM, RIFLE  and  [revolver]  SHOTGUN  ballistic
identification  databank.  (1)  For  the  purposes  of this section, the
following terms shall have the following meanings:
  (a) "Manufacturer" means any person, firm or corporation possessing  a
valid  federal  license that permits such person, firm or corporation to
engage in the business of manufacturing [pistols or revolvers] FIREARMS,
RIFLES OR SHOTGUNS or ammunition therefor for the  purpose  of  sale  or
distribution.
  (b)  "FIREARM"  MEANS A PISTOL, REVOLVER OR OTHER WEAPON AS DEFINED IN
SUBDIVISION THREE OF SECTION 265.00 OF THE PENAL LAW.

A. 6030                             3

  (C) "RIFLE" MEANS A WEAPON AS DEFINED IN SUBDIVISION ELEVEN OF SECTION
265.00 OF THE PENAL LAW.
  (D)  "SHOTGUN"  MEANS  A  WEAPON  AS  DEFINED IN SUBDIVISION TWELVE OF
SECTION 265.00 OF THE PENAL LAW.
  (E) "Shell casing" means that part of ammunition capable of being used
in a pistol or revolver that contains the primer and  propellant  powder
to discharge the bullet or projectile.
  (F)  "PROJECTILE"  MEANS  THAT  PART  OF  AMMUNITION  THAT IS EXPELLED
THROUGH THE BARREL OF A FIREARM, RIFLE OR SHOTGUN BY MEANS OF AN  EXPLO-
SION.
  (G)  "BALLISTIC IDENTIFIER" MEANS A DIGITIZED OR ELECTRONIC IMAGE OF A
PROJECTILE OR SHELL CASING DISCHARGED BY A FIREARM,  RIFLE  OR  SHOTGUN,
CLEARLY SHOWING THE DISTINCTIVE FIRING PIN, BREECH, EJECTION, EXTRACTION
AND/OR  BARREL  MARKS  FOR  THAT PARTICULAR FIREARM OR RIFLE SHOWING THE
DISTINCTIVE FIRING PIN AND BREECH MARKS FOR SHOTGUNS WHICH MAY BE  USED,
THROUGH  COMPARATIVE COMPUTER ANALYSIS, FOR INVESTIGATIVE, PROSECUTORIAL
AND ADJUDICATIVE PURPOSES.
  (2) On and after March first, two thousand one, any manufacturer  that
ships, transports or delivers a pistol or revolver to any person in this
state shall, in accordance with rules and regulations promulgated by the
division  of  state police, include in the container with such pistol or
revolver a separate sealed container that encloses:
  (a) a shell casing of a bullet  or  projectile  discharged  from  such
pistol or revolver; and
  (b) any additional information that identifies such pistol or revolver
and shell casing as required by such rules and regulations.
  (3) (A) A gunsmith or dealer in firearms licensed in this state shall,
within ten days of the receipt of any pistol or revolver from a manufac-
turer  that  fails to comply with the provisions of this section, either
[(a)] (I) return such pistol or revolver to such manufacturer, or  [(b)]
(II) notify the division of state police of such noncompliance and ther-
eafter  obtain  a substitute sealed container through participation in a
program operated by the state police as provided in subdivision four  of
this section.
  (B)  THE  STATE  POLICE SHALL MAINTAIN RECORDS REGARDING THE NUMBER OF
BALLISTIC IMAGES SCANNED FOR THE MOST RECENT PERIOD, THE TOTAL NUMBER OF
BALLISTIC IMAGES COLLECTED TO DATE, THE TYPE OF  WEAPONS  INCLUDED,  THE
NUMBER  OF  LAW  ENFORCEMENT INQUIRIES BY COUNTY, THE NUMBER AND GENERAL
DESCRIPTION OF INVESTIGATIVE LEADS GENERATED, THE NUMBER OF ARRESTS  AND
NUMBER  OF  CONVICTIONS RESULTING, IN WHOLE OR IN PART, FROM SUCH LEADS,
THE COMPLIANCE RATE FOR EACH MANUFACTURER, GUN DEALER AND  GUNSMITH  AND
THE NUMBER AND DESCRIPTION OF PROSECUTIONS FOR NONCOMPLIANCE.
  (4)  The  division  of state police shall no later than October first,
two thousand, promulgate rules and regulations for the  operation  of  a
program  which  provides  a gunsmith or a dealer in firearms licensed in
this state with a sealed container  enclosing  the  items  specified  in
subdivision two of this section. The program shall at a minimum:
  (a) be operational by January first, two thousand one;
  (b) operate in at least five regional locations within the state; and
  (c)  specify procedures by which such gunsmith or dealer is to deliver
a pistol or revolver to the regional program location closest to his  or
her  place  of  business for testing and prompt return of such pistol or
revolver.
  (5) On and after March first, two thousand one, a gunsmith  or  dealer
in  firearms licensed in this state shall, within ten days of delivering
to any person a pistol or revolver received by such gunsmith  or  dealer

A. 6030                             4

in  firearms  on  or  after  such date, forward to the division of state
police, along with the original transaction report required by  subdivi-
sion  twelve  of  section  400.00 of the penal law, the sealed container
enclosing  the  shell  casing  from  such  pistol or revolver either (a)
received from the manufacturer, or (b) obtained through participation in
the program operated by the division of state police in accordance  with
subdivision four of this section.
  (6) Upon receipt of the sealed container, the division of state police
shall  cause to be entered in an automated electronic databank pertinent
data and other ballistic information relevant to identification  of  the
shell  casing  AND/OR  PROJECTILE and to the [pistol or revolver] WEAPON
from which it was discharged.  The automated electronic databank will be
operated and maintained by the division of state police,  in  accordance
with  its  rules  and  regulations  adopted  after consultation with the
Federal Bureau of Investigation and  the  United  States  Department  of
[Treasury]  JUSTICE,  Bureau  of Alcohol, Tobacco and Firearms to ensure
compatibility with national ballistic technology.  THE DATABANK SHALL BE
MODIFIED AS NECESSARY TO ASSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS
SECTION.
  (7) THE SUPERINTENDENT OF THE STATE POLICE SHALL ISSUE A STATUS REPORT
ON THE FIREARM, RIFLE AND SHOTGUN BALLISTIC DATABANK  TO  THE  GOVERNOR,
THE  MAJORITY LEADER OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ANNU-
ALLY. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED  TO,  THE  NUMBER  OF
BALLISTIC IMAGES SCANNED FOR THE MOST RECENT PERIOD, THE TOTAL NUMBER OF
BALLISTIC  IMAGES  COLLECTED TO DATE, THE TYPES OF WEAPONS INCLUDED, THE
NUMBER OF LAW ENFORCEMENT INQUIRIES BY COUNTY, THE  NUMBER  AND  GENERAL
DESCRIPTION  OF INVESTIGATIVE LEADS GENERATED, THE NUMBER OF ARRESTS AND
NUMBER OF CONVICTIONS RESULTING IN WHOLE OR IN PART FROM SUCH LEADS, THE
COMPLIANCE RATE FOR EACH MANUFACTURER, GUN DEALER AND GUNSMITH  AND  THE
NUMBER AND DESCRIPTION OF PROSECUTIONS FOR NONCOMPLIANCE.
  (8)  Any person, firm or corporation who knowingly violates any of the
provisions of this section shall be guilty of a violation, punishable as
provided in the penal  law  AND,  NOTWITHSTANDING  SUBDIVISION  FOUR  OF
SECTION  80.05 OF THE PENAL LAW, SHALL BE SUBJECT TO A FINE OF UP TO ONE
THOUSAND DOLLARS.    Any  person,  firm  or  corporation  who  knowingly
violates  any of the provisions of this section after having been previ-
ously convicted of a violation of this section  shall  be  guilty  of  a
class  A misdemeanor, punishable as provided in the penal law, AND SHALL
BE SUBJECT TO A FINE OF UP TO ONE THOUSAND DOLLARS.
  S 3. Subdivisions 2, 3 and 5 of section 396-ff of the general business
law, as amended by section two of this  act,  are  amended  to  read  as
follows:
  (2) On and after March first, two thousand [one] TEN, any manufacturer
that ships, transports or delivers a [pistol or revolver] FIREARM to any
person  in  this  state  shall, in accordance with rules and regulations
promulgated by the division of state police, include  in  the  container
with  such  [pistol or revolver] WEAPON a separate sealed container that
encloses:
  (a) A DOCUMENT IDENTIFYING THE MAKE, MODEL AND SERIAL  NUMBER  OF  THE
WEAPON;
  (B)  a  shell  casing  of  a bullet or projectile discharged from such
[pistol or revolver] FIREARM OR, IN THE CASE OF A FIREARM THAT DOES  NOT
EJECT  A  SHELL  CASING  UPON  FIRING,  A  SHELL  CASING  AND PROJECTILE
DISCHARGED FROM SUCH WEAPON; and
  [(b) any additional information that identifies such pistol or  revol-
ver  and  shell  casing  as  required by such rules and regulations] (C)

A. 6030                             5

BALLISTIC IDENTIFIERS FOR THE WEAPON WHICH WERE OBTAINED FROM THE  SHELL
CASING  AND/OR  PROJECTILE, AS THE CASE MAY BE, SUBMITTED AS REQUIRED BY
THIS SUBDIVISION.
  (3)  (a)  [A] ON OR AFTER MARCH FIRST, TWO THOUSAND TEN, A gunsmith or
dealer in firearms licensed in this state shall, within ten days of  the
receipt  of  any  [pistol  or revolver] FIREARM from a manufacturer that
fails to comply with the provisions of this section, either  (i)  return
such  [pistol  or revolver] FIREARM to such manufacturer, or (ii) notify
the division of state police of such noncompliance and thereafter obtain
a substitute sealed container through participation in a  program  oper-
ated  by  the  state  police  as  provided  in  subdivision four of this
section.
  (b) The state police shall maintain records regarding  the  number  of
ballistic images scanned for the most recent period, the total number of
ballistic  images  collected  to date, the type of weapons included, the
number of law enforcement inquiries by county, the  number  and  general
description  of investigative leads generated, the number of arrests and
number of convictions resulting, in whole or in part, from  such  leads,
the  compliance  rate for each manufacturer, gun dealer and gunsmith and
the number and description of prosecutions for noncompliance.
  (5) On and after March first, two thousand [one] TEN,  a  gunsmith  or
dealer  in  firearms  licensed  in  this state shall, within ten days of
delivering to any person a [pistol or revolver] FIREARM received by such
gunsmith or dealer in firearms on or after such  date,  forward  to  the
division  of  state  police,  along with the original transaction report
required by subdivision twelve of section 400.00 of the penal  law,  THE
BALLISTIC  IDENTIFIER FOR THE FIREARM AND the sealed container enclosing
the shell casing AND/OR PROJECTILE,  AS  THE  CASE  MAY  BE,  from  such
[pistol  or revolver] FIREARM either (a) received from the manufacturer,
or (b) obtained through participation in the  program  operated  by  the
division  of  state  police  in accordance with subdivision four of this
section.
  S 4. Subdivision 4 of section 396-ff of the general business  law,  as
amended by section two of this act, is amended to read as follows:
  (4)  The  division  of state police shall no later than October first,
two thousand NINE, promulgate rules and regulations for the operation of
a program which provides a gunsmith or a dealer in firearms licensed  in
this  state  with  a  sealed  container enclosing the items specified in
subdivision two of this section. The program shall at a minimum:
  (a) be operational by January first, two thousand [one] NINE;
  (b) operate in at least five regional locations within the state; and
  (c) specify procedures by which such gunsmith or dealer is to  deliver
a  [pistol or revolver] FIREARM to the regional program location closest
to his or her place of business for testing and prompt  return  of  such
[pistol or revolver] FIREARM.
  S 5. Subdivisions 2, 3 and 5 of section 396-ff of the general business
law,  as  amended  by  section three of this act, are amended to read as
follows:
  (2) On and after March first, two thousand [ten] ELEVEN, any  manufac-
turer that ships, transports or delivers a firearm to any person in this
state shall, in accordance with rules and regulations promulgated by the
division  of  state  police, include in the container with such weapon a
separate sealed container that encloses:
  (a) a document identifying the make, model and serial  number  of  the
weapon;

A. 6030                             6

  (b)  a  shell  casing  of  a bullet or projectile discharged from such
firearm or, in the case of a firearm that does not eject a shell  casing
upon  firing, a shell casing and projectile discharged from such weapon;
and
  (c)  ballistic identifiers for the weapon which were obtained from the
shell casing and/or  projectile,  as  the  case  may  be,  submitted  as
required by this subdivision.
  (3) (a) On or after March first, two thousand [ten] ELEVEN, a gunsmith
or  dealer  in firearms licensed in this state shall, within ten days of
the receipt of any firearm from a manufacturer that fails to comply with
the provisions of this section, either (i) return such firearm  to  such
manufacturer,  or  (ii)  notify  the  division  of  state police of such
noncompliance  and  thereafter  obtain  a  substitute  sealed  container
through  participation  in  a  program  operated  by the state police as
provided in subdivision four of this section.
  (b) The state police shall maintain records regarding  the  number  of
ballistic images scanned for the most recent period, the total number of
ballistic  images  collected  to date, the type of weapons included, the
number of law enforcement inquiries by county, the  number  and  general
description  of investigative leads generated, the number of arrests and
number of convictions resulting, in whole or in part, from  such  leads,
the  compliance  rate for each manufacturer, gun dealer and gunsmith and
the number and description of prosecutions for noncompliance.
  (5) On and after March first, two thousand [ten] ELEVEN, a gunsmith or
dealer in firearms licensed in this state  shall,  within  ten  days  of
delivering  to  any person a firearm received by such gunsmith or dealer
in firearms on or after such date, forward  to  the  division  of  state
police, along with the original transaction report required FOR FIREARMS
by subdivision twelve of section 400.00 of the penal law, [the ballistic
identifier for the firearm and] the sealed container enclosing the shell
casing  and/or  projectile, as the case may be, from such firearm either
(a) received from the manufacturer,  or  (b)  obtained  through  partic-
ipation  in  the  program  operated  by  the division of state police in
accordance with subdivision four of this section.
  S 6. Subdivision 4 of section 396-ff of the general business  law,  as
amended by section four of this act, is amended to read as follows:
  (4)  The  division  of state police shall no later than October first,
two thousand [nine] TEN, promulgate rules and regulations for the opera-
tion of a program which provides a gunsmith  or  a  dealer  in  firearms
licensed in this state with a sealed container enclosing the items spec-
ified  in  subdivision two of this section. The program shall at a mini-
mum:
  (a) be operational by January first, two thousand [nine] TEN;
  (b) operate in at least five regional locations within the state; and
  (c) specify procedures by which such gunsmith or dealer is to  deliver
a  firearm  to the regional program location closest to his or her place
of business for testing and prompt return of such firearm.
  S 7. Subdivisions 2, 3 and 5 of section 396-ff of the general business
law, as amended by section five of this act,  are  amended  to  read  as
follows:
  (2)  On  and  after  March  first,  two  thousand [eleven] TWELVE, any
manufacturer that ships, transports or  delivers  a  firearm,  RIFLE  OR
SHOTGUN  to any person in this state shall, in accordance with rules and
regulations promulgated by the division of state police, include in  the
container with such weapon a separate sealed container that encloses:

A. 6030                             7

  (a)  a  document  identifying the make, model and serial number of the
weapon;
  (b)  a  shell  casing  of  a bullet or projectile discharged from such
firearm, RIFLE OR SHOTGUN or, in the case of a firearm, RIFLE OR SHOTGUN
that does not eject a shell casing  upon  firing,  a  shell  casing  and
projectile discharged from such weapon; and
  (c)  ballistic identifiers for the weapon which were obtained from the
shell casing and/or  projectile,  as  the  case  may  be,  submitted  as
required by this subdivision.
  (3)  (a)  On  or  after  March  first, two thousand [eleven] TWELVE, a
gunsmith or dealer in firearms, RIFLES AND  SHOTGUNS  licensed  in  this
state  shall,  within  ten  days of the receipt of any firearm, RIFLE OR
SHOTGUN from a manufacturer that fails to comply with the provisions  of
this  section,  either (i) return such firearm, RIFLE OR SHOTGUN to such
manufacturer, or (ii) notify  the  division  of  state  police  of  such
noncompliance  and  thereafter  obtain  a  substitute  sealed  container
through participation in a program  operated  by  the  state  police  as
provided in subdivision four of this section.
  (b)  The  state  police shall maintain records regarding the number of
ballistic images scanned for the most recent period, the total number of
ballistic images collected to date, the type of  weapons  included,  the
number  of  law  enforcement inquiries by county, the number and general
description of investigative leads generated, the number of arrests  and
number  of  convictions resulting, in whole or in part, from such leads,
the compliance rate for each manufacturer, gun dealer and  gunsmith  and
the number and description of prosecutions for noncompliance.
  (5) On and after March first, two thousand [eleven] TWELVE, a gunsmith
or  dealer in firearms, RIFLES OR SHOTGUNS licensed in this state shall,
within ten days of delivering to any person a firearm, RIFLE OR  SHOTGUN
received  by  such gunsmith or dealer in firearms, RIFLES OR SHOTGUNS on
or after such date, forward to the division of state police, along  with
the  original  transaction  report  required for firearms by subdivision
twelve of section 400.00 of the penal law, the sealed container  enclos-
ing  the  shell  casing and/or projectile, as the case may be, from such
firearm, RIFLE OR SHOTGUN either (a) received from the manufacturer,  or
(b)  obtained through participation in the program operated by the divi-
sion of state  police  in  accordance  with  subdivision  four  of  this
section.
  S  8.  Subdivision 4 of section 396-ff of the general business law, as
amended by section six of this act, is amended to read as follows:
  (4) The division of state police shall no later  than  October  first,
two  thousand  [ten]  ELEVEN,  promulgate  rules and regulations for the
operation of a  program  which  provides  a  gunsmith  or  a  dealer  in
firearms,  RIFLES  OR  SHOTGUNS  licensed  in  this  state with a sealed
container enclosing the items  specified  in  subdivision  two  of  this
section. The program shall at a minimum:
  (a) be operational by January first, two thousand [ten] ELEVEN;
  (b) operate in at least five regional locations within the state; and
  (c)  specify procedures by which such gunsmith or dealer is to deliver
a firearm, RIFLE OR SHOTGUN to the regional program location closest  to
his  or  her  place  of  business  for testing and prompt return of such
firearm, RIFLE OR SHOTGUN.
  S 9. This act shall take effect on the thirtieth day  after  it  shall
have become a law; provided, however, that:

A. 6030                             8

  1.  The amendments to subdivisions 2, 3 and 5 of section 396-ff of the
general business law made by section three of this act shall take effect
March 1, 2010;
  2.  The  amendments  to subdivision 4 of section 396-ff of the general
business law made by section four of this act shall take effect  October
1, 2009;
  3.  The amendments to subdivisions 2, 3 and 5 of section 396-ff of the
general business law made by section five of this act shall take  effect
March 1, 2011;
  4.  The  amendments  to subdivision 4 of section 396-ff of the general
business law made by section six of this act shall take  effect  October
1, 2010;
  5.  The amendments to subdivisions 2, 3 and 5 of section 396-ff of the
general business law made by section seven of this act shall take effect
March 1, 2012; and
  6. The amendments to subdivision 4 of section 396-ff  of  the  general
business law made by section eight of this act shall take effect October
1, 2011.