use the proposed special use permit. Upon its granting of said special permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the village. 5. Waiver of conditions. The village board of trustees may further empower the authorized board to, when reasonable, waive any preestablished requirements for the approval, approval with modifications or disapproval of special use permits submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in the local law adopted pursuant to this section, may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit. 6. Public hearing and decision on special use permits. The authorized board shall conduct a public hearing within sixty-two days from the day an application is received on any matter referred to it under this section. Public notice of said hearing shall be printed in a newspaper of general circulation in the village at least five days prior to the date thereof. The authorized board shall decide upon the application within sixty-two days after the conduct of the hearing. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and the board. The decision of the authorized board on the application after the holding of of the public hearing shall be filed in the office of the village clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant. 7. Notice to applicant and county, metropolitan or regional planning agency. At least ten days before such hearing, the authorized board shall mail notices thereof to the applicant and to the county, metropolitan or regional planning agency, as required by section two hundred thirty-nine-m of the general municipal law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in subdivision one of section two hundred thirty-nine-m of the general municipal law. 8. Compliance with state environmental quality review act. The authorized board shall comply with the provisions of the state environmental quality review act under article eight of the environmental conservation law and its implementing relations* as codified in 6NYCRR617. 9. Court review. Any person aggrieved by a decision of the planning board or such other designated body or any officer, department, board or bureau of the village may apply to the supreme court for review by a proceeding under article seventy-eight of the civil practice law and rules. Such proceedings shall be instituted within thirty days after the filing of a decision by such board in the office of the village clerk. The court may take evidence or appoint a referee to take such evidence as it may direct, and report the same, with findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter. The court at special term shall itself dispose of the matter on the merits, determining all questions which may be presented for determination. 10. Costs. Costs shall not be allowed against the planning board or other administrative body designated by the village board of trustees unless it shall appear to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from. and 11. Preference. All issues addressed by the court in any proceeding under this section shall have preference over all civil actions proceedings. § 5. This act shall take effect July 1, 1993 and shall apply to all applications for site plan approval and special use permits submitted on or after such date, and shall apply to all local laws and ordinances adopted on or after such date. * So in original. ("relations" should be "regulations".) EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law AN ACT to CHAPTER 695 amend the education law, in relation to dormitory authority construction and financing of facilities for state-supported schools for blind and deaf students The Became a law July 31, 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. Subdivision 6 of section 407-b of the education law, as added by chapter 407 of the laws of 1989, is amended to read as follows: 6. Title or other real property rights, to the [educational or residential] capital facilities financed pursuant to this section shall remain with the dormitory authority until the dormitory authority certifies to the commissioner and the comptroller the receipt by it of the amount necessary to pay the aggregate amount of annual rentals to the dormitory authority. At such time, title or other real property rights thereto shall be transferred by the dormitory authority to the statesupported school [for use for educational or residential purposes]. In order to avail itself of the provisions of this section, each statesupported school must also agree to continue to operate a program for the education of children pursuant to article eighty-five of this chapter and chapter one thousand sixty of the laws of nineteen hundred seventy-four, and any lease, sublease or other agreement with the dormitory authority shall provide that, if the state-supported school shall cease to operate [such a program] at any time during the term of the agreement, the school shall have the obligation to pay the total aggregate amount of annual rentals to the dormitory authority. Upon a determination that the state-supported school is unable to satisfy such obligations, the state [will have the option to] may take such title [to all] or other real property rights of the dormitory authority in such land, buildings, equipment and other properties which the statesupported school uses for its program upon payments, subject to appropriations, by the state to the dormitory authority of the amount required to pay the total aggregate amount of annual rentals to the dormitory authority. mitory. Paragraph (a) and subparagraphs (iii) and (iv) of paragraph (b) of subdivision 8 of section 407-b of the education law, as added by chapter 407 of the laws of 1989, are amended to read as follows: (a) Each state-supported school which elects to avail itself of the provisions of this section shall have established with the state comptroller a school capital facilities financing reserve account which shall be used to pay to the dormitory authority the annual rentals payable to the dormitory authority by state-supported schools which have entered into leases, subleases or other agreements with the dormitory authority to provide educational or residential facilities pursuant to this section or to reimburse the state for expenditures from appropriations made pursuant to subdivision seven of this section. The dormitory authority shall identify to the state comptroller and to the commissioner the state-supported schools with which it has leases, subleases or other agreements pursuant to this section and shall annually certify the amount of annual rentals required to be paid pursuant to such leases, other agreements. ses, subleases or any special account in the school capital facilities financing reserve fund may be commingled with any other moneys in such fund. All deposits of such revenues shall be secured by obligations of the United States or of the state of New York or its political subdivisions. Such obligations shall have a market value not less than one hundred five percent of the amount of such deposits. All the banks and trust companies are authorized to give security for such deposits. Any such revenues in such fund may, in the discretion of the comptroller, be invested in obligations of the United States or the state [of] or obligations [with] the principal of and interest on which are guaranteed by the United States or by the state[, any]. Any interest earned shall be credited to such fund. (iv) Upon receipt by the comptroller of a certificate or certificates from the dormitory authority that it requires a payment [from] or payments [to comply with any lease, sublease or other agreement pursuant shall to this section] from the appropriate special account established for a state-supported school to comply with any lease, sublease or other agreement pursuant to this section, each of which certificate specify the required payment or payments and the date when the payment or payments is required, the comptroller shall pay from such special account on or before the specified date or within thirty days after receipt of such certificate or certificates, whichever is later, to the paying agent designated by the dormitory authority in any such certificate, the amount or amounts so certified. 3. This act shall take effect immediately. CHAPTER 696 AN ACT to amend the education law, in relation to the distribution of prescription forms Became a law July 31, 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. Section 6810 of the education law is amended by adding a new subdivision 9 to read as follows: 9. No person, corporation, association or other entity, not licensed to issue a prescription pursuant to this title, shall wilfully cause prescription forms, blanks or facsimiles thereof to be disseminated to any person other than a person who is licensed to issue a prescription pursuant to this title. A violation of this subdivision shall be a class B misdemeanor punishable in accordance with the provisions of the penal law. § 2. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 697 AN ACT to amend the family court act, in relation to the waiver of a hearing held to determine the return of a child temporarily removed Became a law July 31, 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 opening paragraph of section 1028 of the family court act, as amended by chapter 140 of the laws of 1990, is amended to read as follows: Upon the application of the parent or other person legally responsible for the care of a child temporarily removed under this part or upon the application of the law guardian for an order returning the child, the court shall hold a hearing to determine whether the child should be returned (i) unless there has been a hearing pursuant to section ten hundred twenty-seven of this act on the removal of the child at which the parent or other person legally responsible was present and had the opportunity to be represented by counsel, or (ii) upon good cause shown. Except for good cause shown, such hearing shall be held within three court days of the application and shall not be adjourned. Upon such hearing, the court shall grant the application, unless it finds that the EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law a return presents an imminent risk to the child's life or health. If parent or other person legally responsible for the care of a child waives his or her right to a hearing under this section, the court shall advise such person at that time that, notwithstanding such waiver, an application under this section may be made at any time during the dency of the proceedings. § 2. This act shall take effect immediately. pen CHAPTER 698 (See NOTE at end of Chapter.) AN ACT to amend the mental hygiene law, in relation to the appointment of guardians for personal needs and property management for persons who are likely to suffer harm because they are unable to provide for personal needs including food, shelter, health care, or safety and/or are unable to manage property and financial affairs and repealing certain provisions of such law relating thereto Became a law July 31, 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. Article 77 of the mental hygiene law is repealed. § 2. Article 78 of the mental hygiene law is repealed. § 3. The mental hygiene law is amended by adding a new article 81 to read as follows: ARTICLE 81 PROCEEDINGS FOR APPOINTMENT OF A GUARDIAN FOR PERSONAL NEEDS OR PROPERTY MANAGEMENT Section 81.01 Legislative findings and purpose. 81.02 Power to appoint a guardian of the person and/or property; standard for appointment. 81.03 Definitions. 81.04 Jurisdiction. 81.05 Venue. 81.16 Dispositional alternatives. 81.17 Nomination of guardian. 81.18 Foreign guardian for a person not present in the state. 81.19 Eligibility as guardian. 81.20 Duties of guardian. 81.21 Powers of guardian; property management. 81.22 Powers of guardian; personal needs. 81.23 Provisional remedies. 81.24 Notice of pendency. 81.25 Filing of bond by guardian. 81.26 Designation of clerk to receive process. 81.27 Commission to guardian. 81.28 Compensation of guardian. 81.29 Effect of the appointment on the incapacitated person. 81.31 Annual report. 81.32 Examination of initial and annual reports. 81.33 Intermediate and final report. 81.34 Decree on filing instruments approving accounts. 81.36 Discharge or modification of powers of guardian. 81.39 Guardian education requirements. 81.40 Court evaluator education requirements. § 81.01 Legislative findings and purpose. a The legislature hereby finds that the needs of persons with incapacities are as diverse and complex as they are unique to the individual. The current system of conservatorship and committee does not provide the necessary flexibility to meet these needs. Conservatorship which traditionally compromises a person's rights only with respect to property frequently is insufficient to provide necessary relief. On the other hand, a committee, with its judicial finding of incompetence and the accompanying stigma and loss of civil rights, traditionally involves deprivation that is often excessive and unnecessary. Moreover, certain persons require some form of assistance in meeting their personal and property management needs but do not require either of these drastic remedies. The legislature finds that it is desirable for and beneficial to persons with incapacities to make available to them the least restrictive form of intervention which assists them in meeting their needs but, at the same time, permits them to exercise the independence and self-determination of which they are capable. The legislature declares that it is the purpose of this act to promote the public welfare by establishing a guardianship system which is appropriate to satisfy either personal or property management needs of an incapacitated person in a manner tailored to the individual needs of that person, which takes in account the personal wishes, preferences and desires of the person, and which affords the person the greatest amount of independence and selfdetermination and participation in all the decisions affecting such person's life. 81.02 Power to appoint a guardian of the person and/or property; standard for appointment. (a) The court may appoint a guardian for a person if the court determines: 1. that the appointment is necessary to provide for the personal needs of that person, including food, clothing, shelter, health care, or safety and/or to manage the property and financial affairs of that person; and 2. that the person agrees to the appointment, or that the person is incapacitated as defined in subdivision (b) of this section. In deciding whether the appointment is necessary, the court shall consider the report of the court evaluator, as required in paragraph five of subdivision (c) of section 81.09 of this article, and the sufficiency and reliability of available resources, as defined in subdivision (e) of section 81.03 of this article, to provide for personal needs or property management without the appointment of a guardian. Any guardian appointed der this article shall be granted only those powers which are necessary to provide for personal needs and/or property management of the incapacitated person in such a manner as appropriate to the individual and which shall constitute the least restrictive form of intervention, as defined in subdivision (d) of section 81.03 of this article. un (b) The determination of incapacity shall be based on clear and convincing evidence and shall consist of a determination that a person is likely to suffer harm because: 1. the person is unable to provide for personal needs and/or property management; and 2. the person cannot adequately understand and appreciate the nature and consequences of such inability. (c) In reaching its determination, the court shall give primary consideration to the functional level and functional limitations of the person. Such consideration shall include an assessment of that person's: 1. management of the activities of daily living, as defined in subdivision (h) of section 81.03 of this article; EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |