Page images
PDF
EPUB

CHAPTER 169

AN ACT to amend the banking law, in relation to requirements governing

certain acquisitions of control of banking institutions by out-ofstate bank holding companies or their subsidiaries

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:

or

or

or

or

Section 1. Subdivision one of section one hundred forty-two-b of the banking law,, as amended by chapter four hundred twenty-five of the laws of nineteen hundred eighty-four, is amended to read as follows:

1. Subject to the provisions of this article, an out-of-state bank holding company or subsidiary thereof may acquire control, directly indirectly, of one or more banking institutions; provided, however, that no such acquisition of control shall be lawful without the prior approval of the superintendent. Any such acquisition of control approved by the superintendent shall not affect the powers or privileges of such banking institution or banking institutions. Any out-of-state bank holding company or subsidiary thereof desiring to acquire control of one more banking institutions shall file an application in writing with the superintendent and pay an investigation fee of five thousand dollars to the superintendent: The application shall contain such information as the superintendent or the banking board, by rule regulation, may prescribe as necessary or appropriate for the purpose of making a deter: mination under this section. As used in this section, the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a banking institution, whether through the ownership of voting stock of such banking institution, the ownership of voting stock of any company which possesses such power or otherwise. Control shall be presumed to exist if any outof-state bank holding company or subsidiary thereof, directly

indirectly, owns, controls or holds with power to voté five per centum or more of the voting stock of such banking institution, but no person shall be deemed to control a banking institution solely by reason of being an officer or director of such banking institution or bank holding company or subsidiary. The superintendent may in his discretion, upon the application of an out-of-state bank holding company or subsidiary which, directly indirectly, owns, controls or holds with power to vote or seeks to own, control or hold with power

to

vote, any voting stock of such banking institution, determine whether or not the ownership, control or holding of such voting stock would constitute control of such banking institution for purposes of this section. No proposed acquisition of control pursuant to this section shall be approved unless the superintendent finds that:

(a) *(i) The statute laws of the [jurisdictions] jurisdiction in which the operations of the out-of-state bank holding company's banking subsidiaries are principally conducted specifically authorize the direct or indirect acquisition of control of one or more banking institutions

in such [jurisdictions] jurisdiction by a bank holding company, or subsidiary thereof, the operations of which bank holding company's banking subsidiaries are principally conducted in this state; or

(ii) Such statute laws authorize the acquisition of (such] control because the out-of-state bank holding company or subsidiary is authorized by this section to acquire control of and hold shares of banking institutions in this state; and

(b) The direct or indirect acquisition of control by, a bank holding company or subsidiary thereof, under such statute laws, shall not affect the powers or privileges of the banking institution over which control is obtained, nor shall any such acquisition be subject to conditions

materially 'limiting the ability of a bank holding company or subsidiary thereof to acquire banking institutions generally in such EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

or

or

jurisdiction if such conditions or restrictions would not apply with equal effect to the acquisition of banking institutions in such jurisdiction by an out-of-state bank holding company, or subsidiary thereof, which out-of-state bank holding company or subsidiary conducts its principal banking business in such jurisdiction.

§ 2. This act shall take effect immediately.

CHAPTER 170

AN ACT to amend the election law, in relation to contents of mail

check cards

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 Assenbly, do enact as follows:

Section 1. Subdivision one of section 5-712 of the election law, as separately amended by chapters six hundred eighty-two and eight hundred twenty-four of the laws of nineteen hundred eighty-two, iš amended to read as follows:

1. The board of elections, not less than forty days nor more than forty-five days before the first day of local registration in each year, shall send by mail on which is stamped "return postage guaranteed", and "do not forward", a communication to every , registered voter in each election

district, notifying him that such communication is a routine check to ascertain whether such voter still resides at his registration address. The communication shall notify the voter of the days and hours of the ensuing local registration, primary and general elections the place where he appears by his registration records to be entitled to vote, the fact that the must re-register or transfer his registration and enrollment if he has] voters who have moved or will have moved from the address where [he] they were last registered or voters who have not voted in four years must re-register or transfer their registration and enrollment, and, if the location of the polling, place for such election district has been moved, the communication shall contain the following legend in bold type: "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE AT

whether his polling place is accessible to physically [handicapped] disabled voters, an indication that a voter who will be out of the city or county on the day of the primary or general election or a voter who is ill or physically (handicapped voter] disabled may, obtain absentee ballot, the phone number to call for absentee ballot applications, the phone number to call for the location of registration and polling places, the phone number to call to obtain an application for registration by mail, and such other information concerning, the elections or registration as the board may include. Within one week af; ter the conclusion of local registration, the board of elections shall send similar communication to every voter registered at such local registration, omitting therefrom the information concerning the primary election and local registration.

§ 2. This act shall take effect immediately.

an

a

CHAPTER 171

AN ACT to amend the town law and the navigation law, in relation to the

approval of local laws and ordinances regulating navigation
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 Assenbly, do enact as follows:

Section 1. Paragraph two of subdivision seventeen of section one hundred thirty of the town law, as amended by chapter nine hundred thirty

are

or

or

а

a

nine of the laws of nineteen hundred sixty-six, is amended to read as follows:

(2) No such ordinance, rule or regulation shall take effect until it shall have been submitted to and approved in writing by the [conservation) commissioner of parks, recreation and historic preservation, except that within the sixth park region, the boundaries of which

described in subdivision six of section' 7.01 of the parks, recreation and historic preservation law, no such ordinance, rule or regulation

shall take effect until it shall have been submitted to and approved in writing by the commissioner of environmental conservation.

§ 2. The first undesignated paragraph of section forty-six of the navigation law, as amended by chapter eight hundred two of the

laws

of nineteen hundred sixty, is amended to read as follows:

The board of supervisors other legislative governing body of a county, or, should no action on the matter be taken by such board body, the governing body of a city or incorporated village, by a threes quarters vote of its members, may establish a vessel regulation zone and within the limitations prescribed by this chapter, adopt regulations for the use of a lake or part of a lake or other body of water within the county, or in case of a city or incorporated village of the part of said waters adjacent thereto, if it shall deem that such establishment of zone will promote the safety of the people and be for the best interests of the county, city, or incorporated village. Before such zone shall be established, public hearing shall be held before the members of the board of supervisors or other legislative governing body of the county or the governing body of the city or incorporated village, or a committee designated for that purpose, upon not less than thirty days notice of such hearing published in at least two newspapers having general circulation in the territory affected. Such notice will specify the time and place of hearing, the limits of the proposed zone which shall not exceed one thousand feet from the shore line at low water mark of the body of water where the_zone is to be established and the regulations proposed to be adopted. Following such hearing the committee shall report to the board of supervisors, or other legislative governing body of the county or the governing body of the city or incorporated village, and such board or governing body may adopt the limits of the proposed zone and its regulations. They shall submit the proposed zone limits and

regulations to the [conservation] commissioner of parks, recreation and historic preservation for his approval, except that within the sixth park region, the boundaries of which are described in subdivision six of section 7.01 of the parks, recreation and historic preservation law, the proposed zone limits and regulations shall be submitted to the commissioner of environmental conservation for his approval. Upon the proval by the [conservation) appropriate commissioner the vessel zone and regulations shall be established. It shall be the duty of the clerk of the board of supervisors, or other legislative governing body of the county or the clerk of the governing body of the city incorporated village to promptly file a certified copy of such established vessel regulation zone and regulations adopted in the office of the clerk of the county wherein such zone is established and a copy in the office of the [conservation] commissioner having the responsibility for approval as provided in this paragraph.

§ 3. Subdivision two of section forty-six-a of such law, as amended by chapter three hundred fifty-seven of the laws of nineteen hundred eighty-two, is amended to read as follows:

(2) No such local law, rule or regulation shall take effect until it shall have been submitted to and approved in writing by the commissioner of parks

recreation and historic preservation, except that within the sixth park region, the boundaries of which are described in subdivision six of

section 1.01 of the parks, recreation and historic preservation law, no such local law, rule or regulation shall take effect until it shall have been submitted to and approved in writing by the commissioner of environmental conservation. S This

act

shall take effect immediately and shall apply to any local law, ordinance, rule or regulation adopted after such effective date. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

apo

or

CHAPTER 172

[ocr errors]

AN ACT to amend chapter five hundred seventy-six of the laws of nineteen

hundred seventy-four amending the emergency housing rent control law
relating to control of and stabilization of rent in certain cases and
chapter three hundred twenty-nine of the laws of nineteen hundred
sixty-three amending, the emergency housing rent control law relating
to secontrol of rent in certain cases, the emergency housing rent con-
trol law and chapter three hundred forty-six of the laws of nineteen
hundred eighty-four amending the real property tax law relating to
rent stabilization status of dwellings in cities with a population of
one million or more which receive a certain tax abatement, in relation
to the effective dates of such law and chapters and to repeal section
five of chapter eighty-one of the laws of nineteen hundred eighty-five
amending such chapters relating to their period of effectiveness,
relating to its applicability
Became a law June 5, 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 Assem-
bly, do enact as follows:

Section 1. Section seventeen of chapter five hundred seventy-six of the laws of nineteen hundred seventy-four amending the emergency housing rent control law relating to the control of and stabilization of sent in certain cases, as amended by chapter eighty-one of the laws of nineteen hundred eighty-five, is amended to read as follows:

§ 17. Effective date. This act shall take effect immediately and shall remain in full force and effect until

until and including the [fifth] nineteenth day of June, nineteen hundred eighty-five; except that sections two and three shall take effect with respect to any city having, a population of one million or more and section one shall take effect with respect to any other city, or any town or village whenever the local legislative body of a city, town or village determines the existence of a public emergency pursuant to section three of the emergency tenant protection act of nineteen seventy-four, as enacted by section four of this act, and provided that the housing accommodations subject the effective date of this act to stabilization pursuant to the New York city rent stabilization law of nineteen hundred sixty-nine shall remain subject to such law upon the expiration of this act.

52. Section two of chapter three hundred twenty-nine of the laws of nineteen hundred sixty-three amending the emergency housing rent control law relating to the recontrol of rents in certain cases, as amended by chapter eighty-one of the laws of nineteen hundred eighty-five,

is amended to read as follows:

§.2. This act shall take effect immediately and the provisions of subdivision six of section twelve of the emergency housing rent control

added by this act, shall remain in full force and effect until and including, June [fifth] nineteenth, nineteen hundred eighty-five.

§ 3. Subdivision two of section one of chapter two hundred seventyfour of the laws of nineteen hundred forty-six, constituting the emergency housing rent control law, as amended by chapter eighty-one of the laws of nineteen hundred eighty-five, is amended to read as follows:

2. The provisions of this act, and all regulations, orders and requirements thereunder shall remain'in full force and effect until and including June (fifth] nineteenth, nineteen hundred eighty-five.

§ 4. Section three of chapter three hundred forty-six of the laws of nineteen hundred eighty-four amending the real property tax law relating to rent stabilization status of dwellings in cities with a population of one million or more which receive a certain tax abatement, as amended by chapter eighty-one of the laws of nineteen hundred éighty-five, is amended to read as follows:

§ 3. This act shall take effect immediately, except that section one of this act shall be deemed to remain in full force and effect only until and including June [fifth] nineteenth, nineteen hundred eighty-five and that the provisions of paragraph (f) of subdivision two of section four hundred twenty-one-a of the real property tax law as amended by such section one of this act shall revert to the language prior to such amendment.

on

law,

as

§ 5. Section five of chapter eighty-one of the laws of nineteen hundred eighty-five amending chapter five hundred seventy-six of the laws of nineteen hundred seventy-four, chapter three hundred twenty-nine of the laws of nineteen hundred

hundred sixty-three and chapter three hundred forty-six of the laws of nineteen hundred eighty-four relating to their period of effectiveness is repealed.

§ 6. Regardless of the date on which it shall have become a law, any provision of a chapter of the laws of nineteen hundred eighty-five amending the emergency tenant protection act of nineteen seventy-four, which expires in accordance with chapter five hundred seventy-six of the laws of nineteen hundred seventy-four, as last extended by chapter four hundred three of the laws of nineteen hundred eighty-three or

or chapter eighty-one of the laws of nineteen hundred eighty-five, shall be subject to the provisions of this act and the expiration provisions of such chapter of the laws of nineteen hundred eighty-five shall be deemed to refer to chapter five hundred seventy-six of the laws of nineteen hundred seventy-four as last extended by the provisions of this act.

§ 7. This act shall take effect immediately.

CHAPTER 173

AN ACT to amend the criminal procedure law, in relation to examination

of prospective jurors
Became a law June 11, 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 one of section 270. 15 of the criminal procedure law, as amended by chapter three hundred one of the laws of nineteen hundred eighty-one, is amended to read as follows:

1. (a) If no challenge to the panel is made as prescribed by section 270., 10, or if such challenge is made and disallowed, the court (must) shall direct that the names of not less than twelve members of the panel be drawn and called as prescribed by the judiciary law. Such

persons (must) shall take their places in the jury box and (must) shall be immediately sworn to answer truthfully questions asked them relative to their qualifications to serve as jurors in the action. In its discretion, the court may require prospective jurors to complete & questionnaire concerning their ability to serve as fair and impartial jurors, including but not limited to place of birth, current address, education, occupation, prior jury service, knowledge of, relationship to, or contact with the court, any party, witness or attorney in the action and any other fact relevant to his or her service on the jury. The format of such questionnaire shall be developed by the office of court administration in consultation with the judicial conference. A copy of questionnaires completed by the members of the panel shall be given to the court and each attorney prior to examination of prospective jurors.

(b) The court shall initiate the examination of prospective jurors by identifying the parties and their respective counsel and briefly outlin; ing the nature of case to all the prospective jurors. The court shall then put to the members of the panel who have been

pursuant to this subdivision and to any prospective jurors subsequently sworn, questions affecting their qualifications to serve jurors in the action.

(c) The court (must) shall permit both parties, commencing with the people, to examine the prospective jurors, individually or collectively, regarding their qualifications to serve as jurors. Each party shall be afforded a fair opportunity to question the prospective jurors as to any unexplored matter affecting their qualifications, but the court shall not permit questioning that is repetitious or irrelevant,

questions to a juror's knowledge of rules of law. If necessary to prevent imEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

Sworn

as

or

as

« PreviousContinue »