Page images
PDF
EPUB

public

and conspicuous place and manner in the office and public rooms and in the public parlors of such hotel, motel, or inn, or saloon of such steamboat; and if such guest or traveler shall neglect to deliver such property, to the person in charge of such office for deposit in such safe, the proprietor or manager of such hotel, motel, or steamboat shall not be liable for any loss of such property, sustained by such guest or traveler by theft or otherwise; but no hotel, motel or steamboat proprietor, manager or lessee shall be obliged to receive property on deposit for safe keeping, exceeding one thousand five hundred dollars in value; and if such guest or traveler shall deliver such property, to the person in charge of such office for deposit in such safe, said proprietor, manager or lessee shall not be liable for any loss thereof, sustained by such guest or traveler by theft or otherwise, in any sum exceeding the sum of one thousand five hundred dollars unless by special agreement in writing with such proprietor, manager or lessee.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.

CHAPTER 120

AN ACT to amend the executive law, in relation to display of the flag Became a law May 28, 1985, 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. Subdivision two of section four hundred three of the executive law, as amended by chapter four hundred thirty-seven of the laws of nineteen hundred eighty-four, is amended to read as follows:

2. The flag shall be displayed daily, weather permitting, on or near the main administration building of every public institution, whenever such institution is open to the public. The flag shall also be displayed, weather permitting, on the following days in each year: the first day of January, known as New Year's day; the third Monday of January, known as Dr. Martin Luther King, Jr. day; the twelfth day of February, known as Lincoln's birthday; the third Monday in February, known as Washington's birthday; the last Monday in May, known as Memorial day; the second Sunday of June, known as Flag day; the fourth day of July, known as Independence day; the first Monday in September, known as Labor day; the second Monday in October, known as Columbus day; the eleventh day of November, known as Veterans day; the fourth Thursday in November, known as Thanksgiving day; and the twenty-fifth day of December, known as Christmas day, and if any of such days except Flag day is Sunday, the next day thereafter; each general election day, and each day appointed by the President of the United States or by the Governor of this state as a day of general thanksgiving or for displaying the flag. § 2. This act shall take effect immediately.

CHAPTER 121

AN ACT to amend the highway law, in relation to qualified abandonment of certain town highways

Became a law May 28, 1985, 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 opening paragraph of subdivision one of section two hundred five-b of the highway law, as added by chapter two hundred three

of the laws of nineteen follows:

hundred seventy-six, is amended to read as

Abandonment of town highways which are access roads to state forest preserve lands or lands now owned or hereafter acquired by the state and held under the jurisdiction of the department of environmental conservation [as reforestation areas for reforestation and the establishment and maintenance thereon of forests for watershed protection, the production of timber and other forest products and for recreation and kindred purposes] shall be qualifiedly abandoned in the following manner and shall have the following effect:

§ 2. This act shall take effect on the first day of September next succeeding the date on which it shall have become a law.

CHAPTER 122

AN ACT to amend the public health law, in relation to the sale and purchase of human body parts

Became a law May 28, 1985, 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 four thousand three hundred seven of the public health law is renumbered section four thousand three hundred eight and a new section four thousand three hundred seven is added to read as follows:

§ 4307. Prohibition of sales and purchases of human organs. It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer for valuable consideration any human organ for use in human transplantation. The term human organ means the human kidney, liver, heart, lung, bone marrow, and any other human organ or tissue as may be designated by the commissioner but shall exclude blood. The term "valuable consideration" does not include the reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control, and storage of a human organ or the expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ. Any person who violates this section shall be guilty of a misdemeanor. § 2. This act shall take effect immediately.

CHAPTER 123

AN ACT to amend the environmental conservation law, in relation to eligibility for certain licenses

Became a law May 28, 1985, 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 a of subdivision two of section 11-0701 of the environmental conservation law, as amended by chapter four hundred fifteen of the laws of nineteen hundred seventy-seven, is amended to read as follows:

a. A big game license entitles a holder who is eighteen years of age or older to hunt wild deer and bear, as provided in title 9, if he (1) EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

or

has been a resident in this state for more than [three months] thirty days immediately preceding the date of application for his license, is enrolled in a full-time course at a college or university within the state and is in residence in the state for the school year, or is an Indian resident or member of the six nations residing on a reservation wholly or partly within the state, or is a member of the armed forces of the United States in active service, stationed in this state, regardless of his place of residence at the time of entry into such service, or he (2) is also the holder of a hunting license. It entitles a holder, who is between the ages of sixteen and eighteen years and who meets such requirements, to exercise the privileges of a big game license subject to the provisions of section 11-0929.

if

§ 2. Paragraph a of subdivision four of section 11-0703 of such law, as amended by chapter three hundred twenty-two of the laws of nineteen hundred eighty-one, is amended to read as follows:

a. Seven-day fishing licenses, three-day hunting licenses and nonresident trapping licenses are issuable only to non-residents and persons who have been residents for less than [three months] thirty days immediately preceding the date of application.

§ 3. Paragraph c of subdivision four of section 11-0703 of such law as amended by chapter twenty-four of the laws of nineteen hundred eighty-one, is amended to read as follows:

C. Only the following persons are eligible for a combined hunting and fishing license, combined big game and small game license, or a combined hunting, fishing and big game license: (1) persons who have been residents in the state for more than [three months] thirty days immediately preceding the date of application for the licenses, or who are enrolled in a full-time course at a college or university within the state and who are in residence in the state for the school year, or who are out of state or foreign exchange high school students [who are] enrolled in a full-time course in a high school within the state and who are in residence in the state for the school year; (2) Indian residents or members of the six nations residing on any reservation wholly or partly within the state; (3) members of the United States armed forces in active service, stationed in this state, regardless of the place of residence at the time of entry into the service.

§ 4. Paragraph b of subdivision two of section 11-0713 of such law, as amended by chapter four hundred fifteen of the laws of nineteen hundred seventy-seven, is amended to read as follows:

b. in the case of an applicant for a big game license, exhibition of a hunting license for the license year coinciding with the license year of the license applied for[,] issued to him as a non-resident or resident in the state for less than [three months] thirty days, or a certificate in lieu thereof issued pursuant to subdivision 7 of this section, unless he is a resident in the state for more than [three months] thirty days immediately preceding the date of the application, or a person as to whom the license fee for a big game license as specified in paragraph a of subdivision 3 of section 11-0715 is the same as the fee for a big game license issued to such a resident, or a person described in subdivision 5 of section 11-0707, while that subdivision shall remain in effect; and

§ 5. Subdivision two of section 11-0715 of such law, as amended by chapter ninety-three of the laws of nineteen hundred eighty, the opening paragraph as as amended by chapter one hundred twenty-five of the laws of nineteen hundred eighty-three and the closing paragraph as added by chapter eight hundred forty-two of the laws of nineteen hundred eightythree, is amended to read as follows:

2. A resident in the state for [three months] thirty days immediately prior to the date of application[, who has attained the age of seventy is entitled to receive a fishing license, a hunting license, a bow hunting stamp a muzzle-loading stamp, a trapping license and a big game hunting license free of charge; [and] a member of the Shinnecock tribe] or the Poospatuck tribe, or a member of the six nations, residing on any reservation wholly or partly within the state, is entitled to receive a fishing license, a hunting license, a muzzle-loading stamp, a big game license, a trapping license and a bow hunting stamp free of charge; and a resident who is blind[,] is entitled to receive fishing license free of charge. For the purposes of this subdivision a person is blind only if either: (a) his central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or (b) his visual acuity is greater than 20/200 but is accompanied by a limitation

a

of the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.

A person entitled to a free license as provided in this subdivision shall be issued a combination free hunting-big game hunting-fishing license renewable each year. Those free licensees not qualified to received a hunting license shall have stamped across the face thereof "FISHING ONLY", and the issuing clerk shall destroy the accompanying back tag for such license.

A resident in the state for a period of [three months] thirty days immediately prior to the date of application,] who has attained the age of sixty-five is entitled to receive a combined hunting, fishing and big game license at the cost of two dollars and fifty cents as a license fee and fifty cents to the issuing clerk.

§ 6. Paragraph a of subdivision three of section 11-0715 of such law, as amended by chapter four of the laws of nineteen hundred eighty-two, is amended to read as follows:

a. In the case of persons who have been residents of the state for more than [three months] thirty days immediately preceding the date of application or who are enrolled in a full-time course at a college or university within the state and who are in residence in the state for the school year, Indians residing off reservations in the state and [the] members of the United States armed forces in active service stationed in this state regardless of place of residence at the time of entry into service[,]: (1) hunting license and trapping license, each eight dollars as a license fee and fifty cents to the issuing clerk; (2) fishing license, nine dollars as a license fee and fifty cents to the issuing clerk; (3) combined hunting and fishing license, sixteen dollars as a license fee and fifty cents to the issuing clerk; (4) combined hunting, fishing and big game license, twenty-three dollars as a license fee and fifty cents to the issuing clerk; (5) big game license, eight dollars as a license fee and fifty cents to the issuing clerk; (6) combined small game and big game license, sixteen dollars as a license fee and fifty cents to the issuing clerk; and (7) three-day fishing license, three dollars as a license fee and fifty cents to the issuing clerk. The holder of a three-day fishing license may, at any time during the license year in which said license was issued, return it to any issuing clerk and obtain a fishing license valid for the remainder of that same license year upon payment of six dollars as a license fee and fifty cents to the issuing clerk. In the case of minors under sixteen years of age, trapping license, three dollars as a fee and fifty cents to the issuing clerk, provided that such minor is accompanied by his parent or a legal guardian or other person over the age of eighteen years designated in writing by such parent or guardian, who shall consent to the issuance of such license and shall so signify by signing his name in ink across the face of it. At no time shall trapping licenses be issued by mail to persons under sixteen years of age. In the case of persons who have been residents of the state for more than [three months] thirty days immediately preceding the date of application, junior archery license, seven dollars as a license fee and fifty cents to the issuing clerk.

§ 7. Paragraph b of subdivision three of section 11-0715 of such law, as amended by chapter four of the laws of nineteen hundred eighty-two, is amended to read as follows:

b. In the case of non-residents and persons resident in the state for less than [three months] thirty days, other than persons who are enrolled in a full-time course at a college or university within the state and who are in residence in the state for the school year and those members of the United States armed forces as to whom fees are specified in paragraph a: (1) big game license, fifty-five dollars as a license fee and fifty cents to the issuing clerk; (2) fishing license, twenty dollars as a license fee and fifty cents to the issuing clerk; (3) sevenday fishing license, twelve dollars as a license fee and fifty cents to the issuing clerk; (4) three-day fishing license, six dollars as a license fee, and fifty cents to the issuing clerk; (5) hunting license, thirty-five dollars as a license fee and fifty cents to the issuing clerk; (6) three-day hunting license, twelve dollars as a license fee and fifty cents to the issuing clerk; (7) trapping license, two hundred twenty-five dollars as a license fee.

So in original. ("received" should be "receive".)

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

§ 8. Subdivision four of section 11-0715 of such law, as amended by chapter four hundred twenty-two of the laws of nineteen hundred eightyfour, is amended to read as follows:

4. A person resident in the state for at least [three months] thirty days immediately prior to the date of application, who has been honorably discharged from service in the armed forces of the United States and certified as having a forty per cent or greater service-connected disability is entitled to receive without charge a combination free hunting-big game hunting-fishing license, a bow hunting stamp, a muzzle loading stamp and a trapping license renewable each year.

$ 9. This act shall take effect on the first day of October next succeeding the date on which it shall have become a law.

CHAPTER 124

AN ACT to amend the navigation law, in relation to requiring sanitary facilities aboard crafts on Lake Champlain

Became a law May 28, 1985, 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 navigation law is amended by adding a new section thirty-three-d to read as follows:

§ 33-d. Sanitary facilities aboard crafts on Lake Champlain. It shall be unlawful for any owner or operator of any craft upon Lake Champlain, its tributaries or outlets, to operate any craft equipped with a marine toilet or other device or equipment, which in any manner discharges sewage or waste water into the waters of said lake, its tributaries or outlets. All marine toilets, or other device or equipment, on any such craft shall also incorporate or be equipped with a holding tank which can be carried or pumped ashore for disposal according to the regulations of local boards of health or county or state health agencies. Any holding tank designed so as to provide for an optional means of discharge to the waters on which the craft is operating shall have the discharge openings sealed shut and any discharge lines, pipes or hoses shall be removed or disconnected and stored while operating on the waters of said lake, its tributaries or outlets. Failure to comply with the provisions of this section shall be a violation punishable by a fine not to exceed two hundred fifty dollars or by imprisonment of not more than fifteen days or by both such fine and imprisonment. § 2. This act shall take effect immediately.

CHAPTER 125

AN ACT to amend the estates, powers and trusts law, in relation to making an inter vivos gift of a security to a minor

Became a law May 28, 1985, 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. Subparagraph three of paragraph (a) of section 7-4.2 of the estates, powers and trusts law, as amended by chapter forty-three of the laws of nineteen hundred eighty-one, is amended to read as follows:

(3) If the subject of the gift is money or a security (whether in registered form or not) not otherwise made the subject of gift pur

suant to subparagraph (1) or (2) of this paragraph, by paying or

« PreviousContinue »