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5. Section 1004 of the education law is amended by adding a new subdivision 9 to read as follows:

9. To contract with not-for-profit organizations for the provision of supported employment services, as defined in subdivision twelve of sec tion ten hundred two of this article, to individuals having severe disabilities defined in subdivision fourteen of section one thousand two of this article in integrated work settings. The commissioner shall ensure that funds provided pursuant to this subdivision are not used for the provision of services that are the responsibility of other state agencies pursuant to the plan developed pursuant to subdivision two of section one thousand four-b of this article. Services shall be provided at a cost not to exceed that which is necessary and reasonable, and shall include short-term intensive and extended support mechanisms within an integrated work setting. The commissioner shall require service providers to develop appropriate policies and procedures for directing their supported employment programs, and to provide such reports as the commissioner deems to be appropriate.

§ 6. The supported employment initiative established pursuant to section three of this act shall be conducted in accordance with a plan developed by the commissioner of education, in consultation with and agreement of the commissioners of mental health, mental retardation and developmental disabilities and social services and approved by the director of the budget to include, but not be limited to, the following: continued support for projects; and provision of extended support services for individuals currently ineligible for such services. The memorandum of understanding entered into by the commissioners of education, the office of mental retardation and developmental disabilities, the office of mental health and the director of the commission for the blind and visually handicapped shall be updated annually and submitted to the director of the budget by October first of each year.

§ 7. Section 305 of the education law is amended by adding a new subdivision 23 to read as follows:

23. The commissioner shall have primary responsibility for the development and implementation of integrated employment opportunities including short-term and intensive supported employment services and, as appropriate, long-term extended support services and shall coordinate with the commissioner of social services, the commissioner of the office of mental health and the commissioner of the office of mental retardation and developmental disabilities under an integrated employment implementation plan, pursuant to article twenty-one of this chapter.

§ 8. Section 7.09 of the mental hygiene law is amended by adding a new subdivision (h) to read as follows:

(h) The commissioner shall work cooperatively with the commissioner of the office of mental retardation and developmental disabilities and the commissioner of social services to assist the commissioner of education in furnishing integrated employment services to individuals with severe disabilities, including the development of an integrated employment implementation plan, pursuant to article twenty-one of the education law.

§ 9. Section 13.09 of the mental hygiene law is amended by adding a new subdivision (d) to read as follows:

(d) The commissioner shall work cooperatively with the commissioner of the office of mental health and the commissioner of social services to assist the commissioner of education in furnishing integrated employment services to individuals with severe disabilities, including the development of an integrated employment implementation plan, pursuant to article twenty-one of the education law.

§ 10. Subdivision (a) of section 13. 15 of the mental hygiene law, as added by chapter 978 of the laws of 1977, is amended to read as follows: (a) The commissioner shall plan, promote, establish, develop, coordinate, evaluate, and conduct programs and services of prevention, diagnosis, examination, care, treatment, rehabilitation, training, and research for the benefit of [the] individuals who are mentally retarded and developmentally disabled. Such programs shall include but not be limited to in-patient, out-patient, partial hospitalization, day care, emergency, rehabilitative, and other appropriate treatments and services. He shall take all actions that are necessary, desirable, or proper to implement the purposes of this chapter and to carry out the purposes and objectives of the office within the amounts made available therefor by appropriation, grant, gift, devise, bequest, or allocation from the mental hygiene services fund established under section ninetyseven-f of the state finance law.

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§ 11. Subdivision (e) of section 17 of the social services law is relettered subdivision (f) and a new subdivision (e) is added to read as follows:

(e) work cooperatively with the commissioner of the office of mental health and the commissioner of the office of mental retardation and developmental disabilities to assist the commissioner of education in furnishing integrated employment services to individuals with severe disabilities, including the development of an integrated employment implementation plan pursuant to article twenty-one of the education law; § 12. Section 41.39 of the mental hygiene law, as amended by chapter 458 of the laws of 1983, is amended to read as follows:

contract income.

41.39 [Sheltered] Vocational programs; sheltered workshop industrial (a) The commissioner of mental health and the commissioner of mental retardation and developmental disabilities shall, consistent with the state integrated employment implementation plan developed pursuant to subdivision two of section one thousand four-b of the education law, and subject to appropriations made therefor, to develop and support services that provide individuals with mental disabilities the opportunity to learn and develop employment related skills and work experience, including but not limited to sheltered workshops and integrated employment opportunities, including supported employment, as provided pursuant to sections one thousand four-a and one thousand four-b of the education law. Such programs shall, to the extent possible:

1. be integrated with and not duplicate employment programs provided through the state education department and shall ensure that funding provided pursuant to this subdivision is not used for the provision of services that are the responsibility of other state agencies pursuant to the plan developed pursuant to subdivision two of section one thousand four-b of the education law;

2. provide an array of rehabilitation and support services necessary to meet the individual's vocational and career developmental needs; 3. integrate the office's vocational programs and other needed support services including but not limited to: clinical, social, case management, residential and transportation services to ensure flexibility in meeting the needs of individuals in transition between program models; and 4. provide each individual with the appropriate supports to achieve and maintain employment in the most integrated setting appropriate, while maximizing each individuals personal strengths and preferences. (b) Notwithstanding any other provisions of this article, income realized by a voluntary not-for-profit agency from industrial contracts tered into pursuant to its operation of a sheltered workshop shall be matched dollar for dollar by an office of the department of mental hygiene through direct contract with the agency provided that no part of the expenses of such sheltered workshop are claimed through a contract with the local governmental unit which is receiving funding for reimbursement of such expenses from the same office of the department provided that such sheltered workshop is operating in accordance with an approved local or unified services plan. In no event shall any combination of income including state aid exceed the total cost of operation of such sheltered workshop.

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§ 13. The commissioner of the office of mental retardation and developmental disabilities shall review existing funding sources for vocational programs provided by the office and the state education department for individuals with developmental disabilities and prepare a report on feasibility of creating a comprehensive, unified funding model for these vocational services. The services considered shall include, but not be limited to the following program types: sheltered employment, enclaves, supported employment, and paid competitive work. Such a funding model should ensure a comprehensive system of services that provide continuing vocational services to an individual regardless of that person's employment status in a particular program type. Additionally, it should remove any financial disincentive to service providers to transition consumers to more integrated or competitive employment opportunities, or to temporarily provide services in a less integrated or competitive setting while awaiting placement or re-placement in an integrated setting. The report, with recommendations for any legislative and administrative actions necessary to implement such a model, shall EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

be submitted to the governor, the speaker of the assembly and the temporary president of the senate no later than October 1, 1993.

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§ 14. The commissioner of mental health, in consultation with the education department, shall review programs funded by the office of mental health and the education department that currently provide either treatment, rehabilitation or support services to individuals with mental illness who are enrolled in programs funded by the office of mental health or the education department which are aimed at developing a vocational career goal. A report will be prepared to examine how these treatment, rehabilitation or support programs are operating to assist consumers of mental health services with the achievement of their employment goals. The report shall also examine the adequacy of existing vocational programs sponsored by either the office of mental health or the education department to meet the talents, abilities and preferences of individuals with mental illness. Data contained in this report will be derived from the office of mental health and education department experiences within the demonstration sites associated with the VESID/OMH Services Integration Project, the goal of which is to determine the best methods for achieving integration of mental health and vocational services. The report, with recommendations for any legislative and ministrative actions necessary to ensure the continuation of such vocational opportunities, shall be submitted to the governor, the speaker of the assembly and the temporary president of the senate no later than October 1, 1993.

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§ 15. Nothing in this act shall be construed as limiting in any manner the power, duties or authority of the commissioner of the office of mental health or the office of mental retardation and developmental disabilities.

§ 16. This act shall take effect on the first day of July in the year in which it shall have become a law; provided that the authority of the commissioner of education to promulgate rules and regulations as required by this act shall take effect immediately.

CHAPTER 516

AN ACT to amend the state finance law, in relation to the abandoned property fund maintained by the state comptroller

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:

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Section 1. Subdivision 3 of section 95 of the state finance law, amended by chapter 60 of the laws of 1982, is amended to read as follows:

3. Whenever the amount of moneys in the abandoned property fund as of the last day of any month shall exceed the greater of the sum of [seven hundred fifty thousand dollars] six million dollars or an amount which in the comptroller's sole discretion is necessary to satisfy claims against such fund during the immediately succeeding month, the comptroller shall draw a warrant or voucher upon such special fund for the amount in excess of such sum and shall pay such amount into the state treasury to the credit of the general fund. Notwithstanding the foregoing, the comptroller and the director of the budget or their respective designees shall review the balance remaining in the abandoned property fund as of the last day of the months of March, June, September and December in each year, as soon as practicable after each such date, and may mutually agree u pon an amount to be paid from such fund into the state treasury to the credit of the general fund, which may cause the balance in such fund to fall below six million dollars; provided, however, in no event shall the amount of moneys in the abandoned property fund exceed seven hundred fifty thousand dollars at the end of the last day of the fiscal year.

§ 2. This act shall take effect immediately.

CHAPTER 517

AN ACT to amend the civil rights law, in relation to personnel records of court officers

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. The civil 50-d to read as follows:

rights law is amended by adding a new section

§ 50-d. Personnel records of court officers. 1. As used in this section, "personnel records of court officers" means all personnel records of court officers as defined in paragraph a of subdivision twenty-one of section 2.10 of the criminal procedure law, used to evaluate performance toward continued employment or promotion, and under the control of the office of court administration.

2. Personnel records of court officers shall be disclosed in a court action pursuant to the relevant provisions of the criminal procedure law, the civil practice law and rules, or any other provision of law governing such disclosure only after the court has notified the subject of such record that such record may be disclosed in a court action and the court has given the subject of such record an opportunity to be heard on the question of whether the records sought are relevant and material in the action before the court. If, after such hearing, the court determines that only a portion of such records are relevant and material in the action before it, it shall make those parts of the record found to be relevant and material available to the persons so requesting.

3. The provisions of this section shall not apply to any grand jury or any agency of government which requires the records described in subdivision one of this section in the furtherance of their official duties. § 2. This act shall take effect immediately.

CHAPTER 518

(See FISCAL NOTE at end of Chapter. )

AN ACT in relation to allowing certain persons to obtain retroactive membership in Tier II of the state and local retirement system

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:

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Section 1. Notwithstanding the provisions of any law to the contrary, any person who was employed by the department of public works of the city of Buffalo on or before September 1, 1975, who is a member of the New York state and local employees' retirement system and who, for reanot ascribable to his own negligence, did not become a member having Tier II status of such system prior to July 1, 1976, may be deemed to have become a member of such system having Tier II status on or before May 31, 1977, as may be determined by the actual date such person became eligible for membership, if, on or before December 31, 1992, such person shall file with the state comptroller a written request to that effect.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

ૐ 2. All employer costs incurred due to enactment of this legislation will be borne by the Buffalo Sewer Authority.

3. This act shall take effect immediately.

FISCAL NOTE. -This bill would grant Tier 2 status to certain members of the New York State and Local Employees' Retirement System who were employed by the Department of Public Works of the City of Buffalo on or before September 1, 1975, and who joined the System on or after July 1, 1976.

If this bill is enacted, for the one member known to be affected, we anticipate that there will be an increase of approximately $1,800 in the annual contributions of the Buffalo Sewer Authority for the fiscal year ending March 31, 1993. Further, as a percentage of pay, the increase annual employer contributions payable for this benefit will eventually approach 4.3% of the affected member's annual salary.

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In addition to the annual contributions discussed above, there will be an estimated past service cost of approximately $24,000 which would be borne by the Buffalo Sewer Authority as a one-time payment.

This estimate, dated March 9, 1992 and intended for use only during the 1992 Legislative Session, is Fiscal Note No. 92-209 prepared by the Actuary for the New York State and Local Employees' Retirement System.

CHAPTER 519

AN ACT to amend the energy law, in relation to state energy planning, the public service law, in relation to additional electric generating capacity; to siting major electric generating facilities; and to the minimum sales price for electricity purchased from alternative energy production facilities, the public authorities law, in relation to the application of certain laws to the power authority, the environmental conservation law, in relation to making certain conforming amendments thereto, the state finance law, in relation to establishing an intervenor account and to repeal certain provisions of the energy law relating thereto and to provide for the repeal of certain provisions upon expiration thereof

Became a law July 24, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 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. The energy law is amended by adding a new article 6 to read as follows:

ARTICLE 6

ENERGY PLANNING

Section 6-102. State energy planning board.

6-104. State energy plan.

6-106. Conduct of the state energy planning proceeding.

§ 6-102. State energy planning board. 1. There shall be established a state energy planning board, hereinafter referred to as the "board", which shall consist of the commissioner, the chair of the public service commission and the commissioner of environmental conservation. Any decision or action by the board shall be by majority vote.

2. Staff services shall be performed by personnel of the office, the department of public service and the department of environmental conservation, as directed by the board. Assistance shall also be made available, as requested by the board, from other agencies, departments and public authorities of the state. The board may provide for its own representation in all actions or proceedings in which it is a party.

3.

The board shall have the powers: (a) To adopt a state energy plan in accordance with the provisions of this article;

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