In its commitment to this state's ongoing effort to acknowledge its women veterans who have fought so valiantly for their country, the legislature hereby dedicates the Women Veterans Memorial Community Room in honor of all this state's women veterans. This legislation is designed, not only to bestow a great honor but to encourage women and their families to utilize the services and facilities of this state to which they are justly entitled. It is, therefore, acknowledged that through the enactment of this legislation, the legislature bestows its appreciation and gratitude to all women of this state who have served in the armed forces of this great nation. § 2. The public health law is amended by adding a new section 2634 to read as follows: § 2634. Designation of the "New York State Women Veterans Memorial Community Room". The communal area multi-purpose room of the New York state home for veterans in the city of New York, such room as referred to as area one hundred ninety-four in the architectural plans and drawings of such home for veterans, shall be designated and known as the "New York State Women Veterans Memorial Community Room" in honor of all women veterans of this state. § 3. This act shall take effect immediately. CHAPTER 447 AN ACT to amend the state administrative procedure act, in relation to the submission of hearing notices for hearings required as a result of a second notice of non-compliance Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph (b) of subdivision 7 of section 202-c of the state administrative procedure act, as amended by chapter 610 of the laws of 1987, is amended to read as follows: (b) Upon receipt of such notification, the agency shall hold a public hearing on at least ten days notice, such notice to be published within fifteen days of the receipt of the second notification by the office that any of the criteria have not been met. The notice of public hearing shall state that the hearing is being held as a result of the issuance of a second notification by the office. The notice shall also indicate the issues raised by the office in the second notification. The notice of public hearing shall be published in at least three newspapers of general circulation in the state, and in such trade, industry, professional or other publications as the agency may select. In addition, the agency shall notify in writing the office, the governor, the secretary to the governor, the temporary president of the senate, the speaker of the assembly, the administrative regulations review commission, and any other person who has indicated to the agency an interest in the proposed rule. The notification to the office shall include a copy of the notice of public hearing published in a newspaper of general circulation in the state and indicate the newspapers in which it was published and the date of publication. In the event the agency fails to give [such] notice of the public hearing within fifteen days after receipt of the second notification by the office, [or] fails to commence the hearing within forty-five days of the receipt of such notification or fails to provide written notification to the office prior to the required hearing date, EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law the rule shall be deemed to be withdrawn, and the office shall submit a notice of withdrawal for the rule to the secretary of state for publication in the state register. to 2. This act shall take effect on the first day of October next succeeding the date on which it shall have become a law and shall apply notices of public hearing submitted for publication pursuant to paragraph (b) of subdivision 7 of section 202-c of the state administrative procedure act on and after such date, provided that the amendment made to section 202-c of the state administrative procedure act, as amended by section one of this act, shall not affect the expiration or repeal of certain provisions contained therein pursuant to section 21 of chapter 698 of the laws of 1984, as amended. CHAPTER 448 AN ACT to amend the public officers law, in relation to residency requirements imposed upon peace officers in Nassau and Suffolk ties Became a law July 17, 1992, with the approval of the Governor. coun The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 3-b of the public officers law, as separately amended by chapters 843 and 872 of the laws of 1980, is amended to read as follows: ap spe § 3-b. Special peace officers to be citizens. No sheriff of a county, mayor of a city, or official, or other persons authorized by law to point special deputy sheriffs, special constables, marshals, police officers, or peace officers in this state, to preserve the public peace or quell public disturbance, shall hereafter, at the instance of any agent, Society, association or corporation, or otherwise, appoint as such cial deputy, special constable, marshal, police officer, or peace officer, any person who shall not be a citizen of the United States and a resident of the state of New York, and entitled to vote therein at the time of his appointment, and a resident of the same county as the mayor or sheriff or other official making such appointment; provided, however, that when, in the judgment of a sheriff of a county except those counties within the city of New York a situation exists which requires temporary additional assistance, such sheriff may appoint special deputy sheriffs who are non-residents of the county but residents of the state of New York who shall hold office until such time as the appointing sheriff determines that the situation no longer exists; and no person shall assume or exercise the functions, powers, duties or privileges incident and belonging to the office of special deputy sheriff, special constables, marshal, police officer, or peace officer, without having first received his appointment in writing from the authority lawfully appointing him. Nothing herein contained, however, shall apply to the appointment of a non-resident, as an emergency special deputy sheriff, by the sheriff of any county to act when such sheriff has declared a state of special emergency pursuant to the provisions of section two hundred nine-f of the general municipal law. Any person otherwise qualified who resides in either the county of Nassau or the county of Suffolk may at the instance of a society for the prevention of cruelty to animals be appointed as a peace officer by the appropriate appointing official of either of such counties notwithstanding that such appointee does not reside in the same county as the appointing official. A violation of the provisions of this section is a misdemeanor. § 2. This act shall take effect immediately. CHAPTER 449 AN ACT to amend the vehicle and traffic law and the criminal procedure law, in relation to the disposition of certain DWI charges involving an accident resulting in death or serious physical injury The Became a law July 17, 1992, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 1192 of the vehicle and traffic law is amended by adding a new subdivision 12 to read as follows: 12. Driving while intoxicated or while ability impaired by drugsserious physical injury or death. In every case where a person is charged with a violation of subdivision two, three or four of this section, the law enforcement officer alleging such charge shall make a clear notation in the "Description of Violation" section of a simplified traffic information if, arising out of the same incident, someone other than the person charged was killed or suffered serious physical injury as defined in section 10.00 of the penal law; such notation shall be in the form of a "D" if someone other than the person charged was killed and such notation shall be in the form of a "S.P.I." if someone other than the person charged suffered serious physical injury; provided, however, that the failure to make such notation shall in no way affect a charge for a violation of subdivision two, three or four of this section. § 2. Subdivision 8 of section 170. 10 of the criminal procedure law is renumbered subdivision 9 and a new subdivision 8 is added to read as follows: 8. Notwithstanding any other provision of law to the contrary, a local criminal court may not, at arraignment or within thirty days of arraignment on a simplified traffic information charging a violation of subdivision two, three or four of section eleven hundred ninety-two of the vehicle and traffic law and upon which a notation has been made pursuant to subdivision twelve of section eleven hundred ninety-two of the vehicle and traffic law, accept a plea of guilty to a violation of any subdivision of section eleven hundred ninety-two of the vehicle and traffic law, nor to any other traffic infraction arising out of the same incident, nor to any other traffic infraction, violation or misdemeanor where the court is aware that such offense was charged pursuant to an accident involving death or serious physical injury, except upon written consent of the district attorney. § 3. This act shall take effect 120 days after it shall have become a law. CHAPTER 450 AN ACT to amend the uniform commercial code, in relation to permitting foreign clearing organizations to act as custodians for United States clearing corporations Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subsection 4 of section 8-102 of the uniform commercial code, as amended by chapter 928 of the laws of 1982, is amended to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law (4) A "custodian [bank]" is (a) any bank or trust company which is supervised and examined by any state or federal authority of the United States having supervision over banks [and which is], or (b) any clearing corporation as defined in subsection three of this section, or (c) any clearing organization incorporated or organized under the laws of a country other than the United States which operates a system for the central handling of securities or equivalent book entries, in each case acting as custodian for a clearing corporation as defined section three of this section. in sub § 2. Subsection 1 of section 8-320 of the uniform commercial code, as amended by chapter 928 of the laws of 1982, is amended to read as follows: (1) 83 If a certificated security clearing corporation or of a custodian (a) [bank] or a nominee of either subject to the control of the clearing corporation; and (b) is in bearer form or indorsed in blank by an appropriate person or registered in the name of the clearing corporation or custodian [bank] or a nominee of either; or (c) if an uncertificated security. is registered in the name of a clearing corporation or custodian [bank] or a nominee of either; and such certificated or uncertificated security is shown on the account of a transferor or pledgor on the books of the clearing corporation; then, in addition to other methods, a transfer or pledge of the security or any interest therein may be effected by the making of appropriate entries on the books of the clearing corporation reducing the account of the transferor or pledgor and increasing the account of the transferee or pledgee by the amount of the obligation or the number of shares or rights transferred or pledged. AN 3. This act shall take effect immediately. CHAPTER 451 ACT to amend the executive law and the social services law, in relation to confidentiality and access to division for youth records and to repeal certain provisions of the social services law relating to access to division for youth records Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The executive law is amended by adding a new section 501-c to read as follows: § 501-c. Confidentiality. 1. (a) Records or files of youths kept by the division for youth shall be deemed confidential and shall be safeguarded from coming to the knowledge of and from inspection or examination by any person other than one authorized to receive such knowledge or to make such inspection or examination: (i) by the division pursuant to its regulations; (ii) or by a judge of the court of claims when such records are required for the trial of a claim or other proceeding in such court; or (iii) by a federal court judge or magistrate, a justice of the supreme court, a judge of the county court or family court, or a grand jury when such records are required for a trial or proceeding in such court or grand jury. No person shall divulge the information thus obtained without authorization to do SO by the division, or by such justice, judge or grand jury. (b) The division shall not release information which would reasonably identify such youth as ever being in the custody of the division, except as provided in paragraph (a) of this subdivision. (c) Nothing in this subdivision shall limit a person's or agency's responsibility or authority to report suspected child abuse or maltreatment pursuant to title six of article six of the social services law. (d) Nothing in this subdivision shall be deemed to prevent access by a parent or legal guardian of a youth to records or files of such youth where access is otherwise specifically authorized by law. 2. Notwithstanding any other provision of this section, the official case records produced and maintained by the division shall be made available to a probation department, upon written request, where an order of the court has been issued directing such department to conduct an investigation pursuant to the provisions of sections 390.20 and 720.20 of the criminal procedure law and section 351.1 of the family court act. Any written requests for records shall be accompanied by a copy of the court order and shall request only a copy of the youth's official case record. The division shall be granted a minimum of ten days to produce such records. The division shall be required to forward only records less than three years old in its possession, or copies thereof, relating to a youth less than twenty-one years of age at the time of the request. The division may impose a fee upon a probation department for its costs in photocopying records provided under this subdivision. A probation department shall retain copies of records received or information obtained therein under the same conditions of confidentiality that apply to the investigation and any report on the investigation which was the basis for obtaining such records. § 2. Subdivision (e) of section 532-e of the executive law, as amended by chapter 800 of the laws of 1985, is amended to read as follows: (e) develop jointly with the department of social services in consultation with county youth bureaus and organizations or programs which have had past experience dealing with runaway and homeless youth, regulations concerning the coordination and integraon of services available for runaway and otherwise homeless youth and prohibiting the disclosure or [transferral] transferal of any records containing the identity of individual youth receiving services pursuant to this section, without the written consent of the youth; and to § 3. Paragraph (a) of subdivision 4 of section 372 of the social services law, as amended by chapter 363 of the laws of 1988, is amended read as follows: [(a)] All such records relating to such children shall be open to the inspection of the board and the department at any reasonable time, and the information called for under this section and such other data as may be required by the department shall be reported to the department, in accordance with the regulations of the department. Such records kept by the department shall be deemed confidential and shall be safeguarded from coming to the knowledge of and from inspection or examination by any person other than one authorized, by the department, by a judge of the court of claims when such records are required for the třial of a claim or other proceeding in such court or by a justice of the supreme court, or by a judge of the family court when such records are required for the trial of a proceeding in such court, after a notice to all interested persons and a hearing, to receive such knowledge or to make such inspection or examination. No person shall divulge the information thus obtained without authorization so to do by the department, or by such judge or justice. §4. Paragraph (b) of subdivision 4 of section 372 of the social services law is repealed. 5. This act shall take effect on the one hundred twentieth day after it shall have become a law. CHAPTER 452 AN ACT to amend the criminal procedure law, in relation to Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision 1 of section 720.35 of the criminal procedure law, as added by chapter 981 of the laws of 1971, is amended to read follows: as EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |