Imágenes de páginas
PDF
EPUB

а

or

are

to

the activities of others which relate to the development, protection, promotion and management of scenic byways. For the purposes of this article, "scenic byway" is a transportation route and adjacent area of particular scenic, historic, recreational, cultural archeological characteristics which is managed to protect such characteristics and to encourage economic development through tourism and recreation.

2. To carry out the purposes of the scenic byways program, the commissioner is authorized:

(a) to plan, design, and develop the New York state scenic byways system;

(b) to make safety improvements to a highway designated as a scenic byway under this article to the extent such improvements

necessary to accommodate increased traffic, and changes in the types of vehicles using the highway due to such designation;

(c) construct along the highway facilities for the use of pedestrians and bicyclists, rest areas, turnouts, highway shoulder improvements, passing lanes, overlooks, and interpret ive facilities; (d) to

improve the highway to enhance access to an area for the purpose of recreation, including water-related recreation;

(e) to protect historical and cultural resources in' areas adjacent to the highway, and

(f) to develop and provide tourist information to the public, including interpretime information about the sceniedbyway

is hereby authorized to apply for funding from any appropriate sources to further the purposes of the scenic byways program:

3.+ The commissioner is hereby authorized to enter into contracts with qualified responsible not-for-profit organizations involved in scenic byways activities for services relating to the development of the New York state scenic byways program or services relating to the operation, development or promotion of a specific scenic byway.

4. The commissioner is authorized to promulgate şuch regulations as may be necessary or desirable to implement the New York state scenic byways program.

§ 349-cc. New York state scenic byways advisory board. An advisory board of state agencies with responsibilities related to the designation and management of scenic byways and not-for-profit organizations related to the promotion and development of scenic byways is hereby formed to advise and assist the department in the operation of its scenic byways program. The advisory board shall consist of the commissioners of the department of agriculture and markets, the department of economic development, and the department of environmental conservation, and the office of parks, recreation and historic preservation or their duly designated representatives. The commissioner shall appoint as members of the advisory board the chief executive officer, or his or her duly authorized representative, of not-for-profit organizations related to the

promotion and development of a scenic byway, designated pursuant to this article, and three representatives of organizations concerned with the preservation of scenic qualities, the motoring public and tourism development. The commissioner, or his or her duly designated representative, shall serve as chair, Members of the advisory board shall receive no pay, but shall be eligible to receive actual and necessary expenses from their respective agencies, or for the expenses of representatives of organizations related to the promotion and development

scenic byway, the preservation of scenic qualities, the motoring public and tourism development, from the department.

2. The New York state scenic byways advisory board shall have the following duties:

(a) To develop and make recommendations to the commissioner on the organization and operation of a scenic byways program. Such recommendations shall include recommendations on the following:

(i) consideration of the scenic beauty and historic significance of highways proposed for designation as scenic byways and the rounding such highways; (ii) operation

and management standards for highways designated as scenic byways, including strategies for maintaining improving the

* So in original. ("2." should be "3.". + So in original.

should be "4. So in original. "4." should be "5." So in original. "1." inadvertently omitted. )

of

a

areas

sur

or

[ocr errors]

a

EC 7 ES

a

[ocr errors]

as

qualities for which highway is designated as a scenic byway, for protecting and enhancing the landscape and view corridors surrounding such a highway, and for minimizing traffic congestion on such a highway,

(iii) standards for scenic byway related signs, including those which identify highways as scenic byways;

(iv) standards for maintaining highway safety on the scenic byway system;

(v) measures to safely accommodate the largest variety of scenic byway user's including, but not limited to, persons travelling by automobile, recreation vehicle, motor coach, bicycle, snowmobile, watercraft, horse and by foot; (vi) design review procedures for

procedures for location of highway facilities, landscaping, and travellers facilities on the scenic byway system;

(vii) procedures for reviewing and terminating the designation of a highway designated as a scenic byway;

(viii) such other matters as may be necessary or desirable to further the purposes of this program.

(b). To evaluate and recommend to the commissioner and the legislature amendments of the statutes and regulations relevant to the furtherance of a cohesive system of scenic byways.

3. The advisory board shall report to the governor and the legislature within one year of the effective date of this article, and by January first each year thereafter on the implementation of this program. In the first report required by this subdivision, the advisory board shall provide scenic byways program implementation plan identifying essential components for the New York state scenic byways system, and recommending actions by the legislature that may be necessary to implement a cohesive and coordinated scenic byways program that will serve the goals of preserving and protecting scenic,'historic, recreational, cultural and archeological resources, enhancing recreation, economic development through tourism and education in the history and culture of New York state.

§ 349-dd. Components. 1. The New York state scenic byways system is comprised of the following components:

(a) Adirondack Trail designated by section three hundred fortytwo-b of this chapter;

(b) Roosevelt-Marcy Memorial Highway as designated by section three hundred forty-two-e of this chapter;

(c) Seaway Trail as designated by section three hundred forty-two-f of this chapter;

(d) Olympic Trail as designated by section three hundred forty-two-i of this chapter;

(e) Revolutionary Trail as designated by section three hundred fortytwo-j of this chapter;

(f) Black River Írail as designated by section three hundred fortytwo-k of this chapter;

(8) Military Trail as designated by section three hundred forty-two-1 of this chapter;

(h) Central Adirondack Trail as designated by section three hundred forty-two-m of this chapter;

(i) Dude Ranch Trail as designated by section three hundred fortytwo-n of this chapter;

(1) Champlain Trail as designated by section three hundred forty-two-t of this chapter;

(k) the New York State Canal System as defined in the canal law;

(1) the Hudson River Valley Greenway as defined in article forty-four of the environmental conservation law;

(m) highways designated as scenic roads pursuant to article forty-nine of the environmental conservation law;

(n) parkways as listed in the regulations of the commissioner of the office of parks, recreation and historic preservation pursuant to tion 13.03 of the parks, recreation and historic preservation law and similar highways operated and maintained by other state agencies.

2. As part of its reports to the governor and the legislature, the scenic byways advisory board shall recommend amendments to this article adding, deleting modifying components of the New York state scenic byways system.

§ 2. This act shall take effect immediately.
EXPLANATION-Matter in italics is new; matter in brackets [] is old law

sec

or

CHAPTER 557

AN ACT in relation to sewer rent revenues of the city of Salamanca,

Cattaraugus county Became a law July 24, 1992, with the approval of the Governor. Passed on

Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding the provisions of any law to the contrary, any revenues derived from sewer rents and which have been credited to

rent fund in the city of Salamanca, Cattaraugus county, which are not needed and expended for the payments authorized by section 453 of the general municipal law may be transferred to the general fund of the city of_Salamanca.

§ 2. This act shall take effect immediately.

a

sewer

CHAPTER 558

AN ACT to amend the workers' compensation law, in relation to the

conciliation bureau
Became a law July 24, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (b) of subdivision 2-b of section 25 of the workers' compensation law as added by chapter 924 of the laws of 1990, is amended to read as follows:

(b) Each claim that is filed shall be reviewed for possible transfer to the conciliation bureau. Claims where the expected duration of benefits is eight weeks or less, shall be transferred to such bureau within thirty days of receipt of carriers response to notice of index required under this section [twenty-five of this article], except uncontested claims where there have been only temporary or minor injuries and where board appearance by the claimant is unnecessary. Such minor and uncontested claims shall be handled through a motion calendar prescribed by the rules and regulations promulgated pursuant to this section.

§ 2. · This act shall take effect immediately.

as

CHAPTER 559 AN ACT to amend the social services law, the public health law, the

domestic relations law and the administrative code of the city of New York, in relation to provision of maintenance subsidies for adoptive children, photo-listing of children freed for adoption, notice of sur, renders of children in foster care, terminating parental rights and registration with the adoption information registry and to repeal certain provisions of the social services law and the public health law relating thereto Became a law July 24, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 372-c of the social services law as amended by chapter 836 of the laws of 1976, is redesignated section 372-f.

§ 2. Subdivision 4 of section 372-f of the social services law, as amended by chapter 611 of the laws of 1979 and such section as redesignated by section one of this act, is amended to read as follows:

a

1

a

an

4. Each authorized agency shall refer to the adoption service, accompanied by a photograph and description, as shall be required by departmental regulations, each child in its care who has been legally freed for adoption and who has been in foster care for the period specified in subdivision one of this section and for whom no adoptive home has been found. If the child is fourteen years or older and will not consent to his or her adoption, such child need not be listed on the service. Such children's names shall be forwarded to the department by the authorized agency, with reference to the specific reason by which the child was not placed on the service. The department shall establish procedures for periodic review of the status of such children. If the department determines that adoption would be appropriate for child

not listed with the service, the agency

shall forthwith list the child. Each authorized agency may voluntarily refer any child who has been

been legally freed for adoption In addition,

upon referral of a child by an authorized agency, the department may determine that the listing of child with the service is not in the child's best interests where: the child has been placed with a foster parent who has expressed an interest in adopting the child; the child has been placed with a relative within the third degree of consanguinity of the parents of the child and the child does not have a permanency goal of adoption; the agency has identified two or more potential placements for the child; or the child is not emotionally prepared for an adoptive placement. Any child who is not listed based on one of these factors and who is not placed in adoptive placement within six months of referral to the department must be listed with the service at the end of the six month period in accordance with regulations of the department except where the child is placed with a relative within the third degree of consanguinity of the parents of the child, in which case the department may determine that the listing continues to be contrary to the child's best interests. The department shall establish procedures for the periodic review of the status of such

$105. Paragraph (a) of subdivision 1 of section 453 of the social services law, as separately amended by chapters 451 and 463 of the laws of 1986, is amended to read as follows:

(a) A social services official shall make monthly payments for the care and maintenance of a handicapped or hard to place child whom [he] a social services official or voluntary authorized agency has placed out for adoption or who has been adopted, and who is residing in such social services district. Where a handicapped or hard to place child is placed in an adoptive placement outside the state, monthly payments for the care and maintenance of the child shall be made by the social services official placing the child or in whose district the voluntary authorized agency maintains its principal office. Such payments shall be made until the child's twenty-first birthday to persons with whom the child has been placed, to persons who have adopted the child and who applied for such payments prior to the adoption, pursuant to a written agreement therefor 'between such official or agency and such persons; provided, however, that an application may be made subsequent to the adoption if the adoptive parents first become aware of the child's physical or emotional condition or disability subsequent to the adoption and a physician certifies that the condition or disability existed prior to the child's adoption. The social services official shall consider the financial status of such persons only for the purpose of determining the amount of the payments to be made, pursuant to subdivision three of this section. Upon the death of persons who have adopted the child prior to the twenty-first birthday of the child, such payments shall continue to the legal guardian of the child until the child shall attain the age of twenty-one.

§ 4. Subdivision 5 of section 453 of the social services law is repealed.

§ 5. Subdivision 4 of section 4138 of the public health law, as amended by chapter 898 of the laws of 1983,

is amended to read follows:

4. The commissioner may make a microfilm or other suitable copy of the original certificate of birth and all papers pertaining to the new certificate of birth. In such event, the original certificate and papers may be destroyed. All undestroyed certificates and papers and copies thereof shall be confidential and the contents thereof shall not be EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

or

as

or

no

[ocr errors]

released or otherwise divulged except by order of a court of competent
jurisdiction or pursuant to section [forty-one hundred thirty-eight-b,]
forty-one hundred thirty-eight-c or forty-one hundred thirty-eight-d of
this article.
§ 6. Section 4138-b of the public health law is repealed.

§ 7. The section heading and subdivision 2 of section 4138-c of the public

of the of 1985 and subdivision 2 as amended by chapter 751 of the laws of 1989, are amended to read as follows:

[Post-nineteen hundred eighty-four adoption] Adoption information registry.

2. The registry shall accept and maintain the verified registration transmitted by, an agency pursuant to section forty-one hundred thirtyeight-d of this article, of an adoptee or of the parents of an adoptee whose consent to the adoption was required at the time of the adoption, or whose signature was required on an instrument of surrender to an authorized agency if such adoptee was born in this state but sooner than [twenty-one] eighteen years after the adoptee's birth; provided, however, that any person whose registration was accepted may withdraw such registration prior to the release of any identifying information. The adoptee registrant shall include as part of the registration the identification, including name and address, of known biologiçal siblings. The adopțee may upon registration or any time thereafter elect not to have release of information by the authorized agency involved in such adoption. The department shall establish a registration fee sufficient to recover search costs and use of registry costs. The department shall establish an authorized agency, fee schedule for search costs and registry costs and services provided by such agency in gathering and forwarding information pursuant to this section. The fee schedule may

also include costs for disseminating information about the registry to the public. Such publications or brochures may include information as to identifying and nonidentifying information, how to register and fees charged to the registrants, and any other information deemed appropriate. § 8.

Paragraph (a), of subdivision 5 of section 4138-c of the public health law, as amended' by chapter 37 of the laws of 1985, is amended to read as follows:

(a) If the department determines the adoptee is not in contact with a biológical sibling under the age of (twenty-one] eighteen and that there is a corresponding registration for the adoptee and for each of the parents whose consent to the adoption was required or whose signature was required on an instrument of surrender to an authorized agency, it shall notify the court wherein the adoption occurred and the department shall notify all such persons that a corresponding match has been made and request such persons final consent to the release of identifying information.

§ 9. Subdivisions 2, 3 and 7 of section 4138-d of the public health law, as amended by chapter 37 of the laws of 1985, are amended to read as follows:

2. The agency shall accept and maintain the verified registration of an adoptee or of the parents of an adoptee whose consent to the adoption

required at the time of the adoption, or whose signature was required on an instrument of surrender to an authorized agency if such adoptee was born in this state but no sooner than [twenty-one] eighteen years after the adoptee's birth; provided however, that any person whose registration accepted may withdraw such registration prior to the release of any identifying information.

3. Upon acceptance of a registration by an adoptee pursuant to this section, the agency shall search the records of the agency to determine whether the agency was involved in such adoption.

(a). If the agency determines that the agency was not involved in such adoption, it shall notify the registrant that no record exists of the adoption and refer the registrant to the department's adoption information registry operated pursuant to [sections forty-one hundred thirtyeight-b_and] section forty-one hundred thirty-eight-c of this article.

(b) If the agency determines that the agency was involved in such adoption, it shall transmit the registration to the adoption information registry operated by the department and the agency shall release the non-identifying information, as defined in section four thousand one hundred thirty-eight-c of this article, to the adoptee registrant. The agency may restrict the nature of the non-identifying information released pursuant to this section upon a reasonable determination that

was

was

« AnteriorContinuar »