CHAPTER 157 AN ACT to amend the mental hygiene law, in relation to the reporting to the commission on quality of care for the mentally disabled regarding its recommendations Became a law June 4, 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 two of subdivision f of section 45.07 of the mental hygiene law, as added by chapter six hundred fifty-five of the laws of nineteen hundred seventy-seven, is amended to read as follows: 2. Make findings concerning matters referred to its attention and, where it deems appropriate, make a report and recommendations. Such report shall be delivered to the commissioner and to the director of the facility involved. Such commissioner and director shall each make a written report of actions taken regarding each of the recommendations within ninety days of receipt of the report. If such response indicates that any of the recommendations have not been fully implemented, the commission may require further periodic progress reports as it deems appropriate. If it appears that a crime may have been committed, the commission shall give notice thereof to the district attorney or other appropriate law enforcement official. § 2. This act shall take effect immediately. CHAPTER 158 AN ACT to amend the public health law, in relation to adding buprenorphine to the schedule of controlled substances Became a law June 4, 1985, 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. Schedule V of section thirty-three hundred six of the public health law, as amended by chapter seven hundred eighteen of the laws of nineteen hundred eighty-four, is amended to read as follows: SCHEDULE V or (a) Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, which shall include one more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams. (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams. (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams. (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit. (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law (b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below: (1) Buprenorphine. § 2. This act shall take effect immediately. CHAPTER 159 AN ACT to amend the election law, in relation to transmitting copies of the election law to village clerks Became a law June 4, 1985, 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 two of section 4-126 of the election law, as amended by chapter nine of the laws of nineteen hundred seventy-eight, is amended to read as follows: 2. The state board of elections shall, at least sixty days before each general election, prepare, and cause to be printed, a compilation of the election law properly indexed. A sufficient number of copies thereof shall be transmitted to each board of elections in order to furnish one such copy to each board of elections and to each branch office of such boards and one to each county, town, village] and city clerk. The state board of elections shall also transmit one copy of such compilation to each village clerk. § 2. This act shall take effect immediately. CHAPTER 160 AN ACT to amend the insurance law, in relation to the right of a policy owner to return the policy to the insurer within a specified period of time for a full refund of premium Became a law June 4, 1985, 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 eleven of subsection (a) of section three thousand two hundred three of the insurance law is amended to read as follows: (11) that the insurer shall refund any premium paid for a policy, including any policy fees or other charges, if the policy, together with a written request to cancel the policy, is surrendered to the insurer during a specified period of time, which shall not be less than ten days nor more than [twenty] thirty days from the date the policy is delivered to the policy owner; provided, however, that a policy sold by mail order must contain a provision permitting the policy owner a thirty day period for such surrender. A provision to this effect shall appear in the policy or in notice attached to it; § 2. This act shall take effect immediately. CHAPTER 161 AN ACT to amend the election law, in relation to the required number of voting machines at general elections Became a law June 4, 1985, 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 three of section 4-100 of the election law, as amended by chapter one hundred fifty-one of the laws of nineteen hundred eighty-two, is amended to read as follows: election district shall be in compact form and may not be partly within and partly without a ward, town, city, a village having five thousand or more inhabitants, or a county legislative, assembly, senatorial or congressional district. An election district shall contain not more than [eight hundred registrants where one voting machine is used and not more than] nine hundred fifty registrants [where two voting machines are used], but any election district may be divided for the convenience of the voters. § 2. Subdivisions two and three of section 7-203 of such law are renumbered subdivisions three and four and a new subdivision two is added to read as follows: 2. At every general election except a general election in the city of New York in a year in which there is no election for electors of president and vice-president of the United States or governor of the state or mayor of such city, any election district which, at the time of such election, contains more than eight hundred voters shall have two voting machines. s 3. This act shall take effect on the first day of December in the year in which it shall have become a law. CHAPTER 162 AN ACT to amend the soil and water conservation districts law, in relation to the constitution of the board of directors of soil and water conservation districts The Became a law June 4, 1985, 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 six of the soil and water conservation districts law, as amended by chapter four hundred one of the laws of nineteen hundred seventy-six, is amended to read as follows: § 6. Designation of district directors. When a county has been declared a soil and water conservation district a board of directors consisting of five members shall be appointed by the county board. This board of directors shall consist of two members of the county board and three persons not members of the county board of supervisors, two of whom shall be practical farmers. One of these farmers shall be appointed from a list submitted by the county grange, one of these farmers shall be appointed from a list submitted by the county farm bureau. The fifth member shall be appointed from the county at large and shall represent the urban, suburban and rural non-farm landownership interest. In counties where one or both of the above named farm groups lack formal county organization, the county board shall appoint from the county at large in place of from a list of nominees from such lacking farm organization or organizations. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law At the option of the county legislative body, the board of directors of the soil and water conservation district may be expanded to seven members. Of the two additional board members, they shall be residents of the county and at least one shall be a practical farmer. Notwithstanding any other provision of this act, in Westchester county, the county executive shall appoint a board of directors of the soil and water conservation district, which board of directors shall consist of five members selected at large from residents of the county, the term of office of each of whom shall be three years from date of appointment, except that such board may include not more than two officials of constituent local municipalities, each of whom shall serve for one year or until he sooner ceases to hold such local office. Notwithstanding any other provision of this act, in Nassau county, the county executive shall appoint a board of directors of the soil and water conservation district, which board of directors shall consist of seven members to be appointed as follows: (a) Three members shall be appointed at large from among the residents of Nassau county for a term of three years. The original appointments, however, shall be made for terms of one year, two years and three years; (b) One member shall be appointed from among the Nassau county officials for a term of one year; (c) One member shall be appointed from among the officers of each of the three towns in the county of Nassau for a term of one year. All such appointments shall be subject to confirmation by the board of supervi sors. § 2. Section seven of such law, as amended by chapter eight hundred eighty-seven of the laws of nineteen hundred sixty-four, is amended to read as follows: § 7. Appointment, qualifications, compensation and tenure of directors. The two members from the county board shall be appointed annually. The [three] other members shall serve for terms of three years each, except that the first three appointed shall be designated to serve for terms of one, two and three years respectively. A director shall hold office until his successor has been appointed and has qualified. Vacancies shall be filled for the unexpired term. The selection of successors to fill an unexpired term or for a full term shall be according to the manner in which the respective retiring directors shall have been selected. Any director may be removed by the county board upon acceptable proof presented by the district board, the county board or by the state committee upon notice and hearing for neglect of duty, continued absence from meetings, failure to perform accepted assignments or malfeasance in office and for no other reason. The compensation of the members of the governing body of the district, for performing services as directors of the district shall be fixed by the county board for each calendar day they are actually engaged in the performance of their duties, and mileage in going and returning from places where they are required to go in the performance of their duties, provided funds are made available by the county board for this purpose. § 3. This act shall take effect immediately. CHAPTER 163 AN ACT to amend the election law, in relation to absentee ballots for permanently disabled voters Became a law June 4, 1985, 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 four of section 8-400 of the election law, as amended by chapter seventy-eight of the laws of nineteen hundred eightyfour, is amended to read as follows: 4. A voter who claims permanent illness or physical disability may make application for an absentee ballot and the right to receive an ab sentee ballot for each election thereafter as provided herein without further application, by filing with the board of elections an application which shall contain a statement to be executed by the voter showing the particulars of his illness or disability. Upon filing of such application the board of elections shall investigate the facts stated therein and if satisfied as to the truth thereof, shall cause the registration records of the voter to be marked "Permanently Disabled" and thereafter shall send an absentee ballot for each succeeding primary, special or general election to such voter at his last known address by first class mail with a request to the postal authorities not to forward such ballot but to return it in five days in the event that it cannot be delivered to the addressee. The mailing of such ballot for each election shall continue until such voter's registration is cancelled. [The board shall record on the back of the voter's registration poll record in the reserved for his signature at such election the fact that such ballot has been sent and the date of mailing. ] § 2. This act shall take effect immediately. space CHAPTER 164 (See REPEAL NOTE at end of Chapter.) AN ACT to amend the election law, in relation to eliminating separate enrollment forms and enrollment boxes and providing a place on the registration poll card for enrollment by the voter and to repeal subdivision two of section 5-204, paragraph (e) of subdivision four of section 5-208, section 5-300 and subdivision five of section 5-304 of such law relating thereto Became a law June 4, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 4-132 of the election law is amended to read as § 4-132. [Registration and polling] Polling places; equipment for. [1.] In the cities of New York and Buffalo, and cities and towns of the counties of Monroe, Nassau and Suffolk, respectively, the board of elections and in any other city or in any other town, the town or city clerk shall provide in each polling place, as required, the following articles: a. Material to define the voting area. b. Separate boxes for the purposes of receiving [enrollment blanks or] ballots. Such boxes shall have an opening on the top, large enough to allow a single [enrollment blank or ballot to be passed easily through the opening, but no larger, and shall be supplied with a protective lock or seal. C. A booth or device in each election district for the use of voters marking [enrollment blanks or] ballots. Such booth or device shall be SO constructed as to permit the voter to mark his [enrollment blank] ballot in secrecy and shall be furnished at all times with a pencil having black lead only. 2. Subdivision two of section 5-204 of such law is repealed. § 3. Paragraph (e) of subdivision four of section 5-208 of such law is repealed. 4. Subparagraph (vii) of paragraph (j) of subdivision four of section 5-210 of such law, as amended by chapter three hundred seventythree of the laws of nineteen hundred seventy-eight, is amended to read as follows: indi (vii) A space, substantially in the form for enrollment blanks prescribed by the state board of elections, ] for the applicant to cate his choice of party enrollment, with a clear alternative provided for the applicant to decline to affiliate with any party. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |
