proper questioning as to any matter, the court shall personally examine the prospective jurors as to that matter. The scope of [the] such examination [is] shall be within the discretion of the court, and the court may disallow statements or questions by either party that are irrelevant to the examination or repetitious]. After the parties have concluded their examinations of the prospective jurors, the court may ask such further questions as it deems proper regarding the qualifications of such prospective jurors. § 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 174 AN ACT to amend the education law, in relation to the transportation of certain handicapped pupils Became a law June 11, 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 d of subdivision four of section forty-four hundred two of the education law, as amended by chapter one hundred twentynine of the laws of nineteen hundred eighty-four, is amended to read as follows: d. Notwithstanding any other provision of law, such board shall provide suitable transportation to and from a nonpublic school which a child with a handicapping condition attends if the status of such child was first identified by the local committee on the handicapped prior to September first,, nineteen hundred [eighty-four] eighty-five, and such child attends such school for the purpose of receiving services or programs similar to special educational programs recommended for such child by the local committee on the handicapped. § 2. This act shall take effect immediately and shall expire June thirtieth, nineteen hundred eighty-six. CHAPTER 175 AN ACT to amend the education law, in relation to the creation of a replacement teacher pool in the city school district of the city of Buffalo Became a law June 11, 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. Section two thousand five hundred seventy-three of the education law is amended by adding a new subdivision seventeen to read as follows: 17. In the city school district of the city of Buffalo, the board of education shall, within sixty days of the effective date of this subdivision and annually prior to August first of each year thereafter, ascertain the number of appointments which will be required for the duration of not less than a term of the ensuing school year by reason of leaves of absence granted to members of the teaching staff serving on tenure. The board shall thereupon establish and make appointments to positions of replacement teachers in a number which, including any such teachers already serving as a result of earlier appointment, shall be equal, if possible, or as nearly as possible, to two-thirds of the minimum number of such teachers expected to be absent on leave at any one time. Such positions shall constitute a pool from which the board shall to ex assign teachers to replace the teachers who are absent on leave. Appointments to such positions of replacement teachers shall be made from the appropriate eligible lists for the positions for which such replacement teachers will be required as determined by the board. Such positions of replacement teachers shall be in all respects permanent positions in the school system and persons duly appointed by the board such positions shall be entitled to the rights of tenure and retirement accruing to persons serving in other permanent teaching positions, cept that no replacement teacher shall be entitled to the special limitation of the probationary period to one year provided for certain teachers by subdivision one of this section. Upon acceptance of appointment as replacement teacher, the name of each such appointee shall be placed on a preferred eligible list as a candidate for appointment to any permanent teaching position for which he holds a valid license and such candidates shall be entitled to appointment from such preferred eligible list in order of their placement on such list. At any time when the total number of positions of replacement teacher in such pool exceeds the total number of teachers who will be absent on leave for the ensuing term of school, the board may abolish positions in such pool which are in excess of the number of teachers to be absent on leave as aforesaid, or may use replacement teachers in such pool instead of substitute teachers to replace teachers who are absent for shorter periods than one term. Whenever a particular replacement teacher cannot be used to replace any teacher who is absent on leave for a full term, he may similarly be used to replace teachers who are absent for shorter periods. Nothing herein contained shall be construed as preventing the appointment of regular substitute teachers to replace teachers absent on leave when no persons holding positions created pursuant to this subdivision are available for such replacement. § 2. This act shall take effect immediately. CHAPTER 176 AN ACT to repeal section three hundred sixteen of the insurance law, relating to reports of product liability claims and reports of cancellation and nonrenewal of product liability insurance Became a law June 11, 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. Section three hundred sixteen of the insurance law is repealed. 2. This act shall take effect immediately. CHAPTER 177 AN ACT to amend the general obligations law, in relation to options and rights to acquire interests in certain property Became a law June 11, 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. The general obligations law is amended by adding a new section 5-334 to read as follows: § 5-334. Option or right to acquire interest in property. 1. An option or right to acquire an equity or other ownership interest in property or in a partnership, corporation, trust or other entity that EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law owns property shall not be unenforceable because the owner of such interest grants such option or right to the holder of a mortgage which is a lien on such property or to the holder of a security interest in such property, simultaneously with or in connection with any loan or forbearance of money secured by such mortgage or security interest, if (a) the power to exercise such option or right is not dependent upon the occurrence of a default with respect to such loan, forbearance, mortgage or security interest, and (b) such loan or forbearance is for the principal sum of two million five hundred thousand dollars or more when the option or right is granted., Loans or forbearances aggregating two million five hundred thousand dollars or more which are to be made or advanced to any one borrower in one or more installments pursuant to a written agreement by one or more lenders shall be deemed a single loan or forbearance the total amount which the lender or lenders have agreed to make or advance pursuant to such agreement. for an 2. This section shall not be construed to limit, impair or otherwise affect the power of the holder of any option or right to acquire equity or other ownership interest in property or in a partnership, corporation, trust or other entity that owns property, if such option or right is or would be enforceable without reference to this section. 3. This section shall apply to all options or rights which are exercised on or after the effective date of this section, notwithstanding the date when such options or rights were granted. § 2. This act shall take effect immediately. CHAPTER 178 AN ACT to amend the environmental conservation law, in relation to reports of deer killed by motor vehicles Became a law June 11, 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 a of section 11-0915 of the environmental conservation law, as amended by chapter one hundred twenty-seven of the laws of nineteen hundred eighty-two, is amended to read as follows: a. The accident is reported to a conservation officer, a member of the State Police, a member of the sheriff's department in which the accident occurred or, if the accident occurred on lands under the jurisdiction of the office of parks, recreation and historic preservation, to an officer of the regional park police having law enforcement responsibilities on such lands, or to any police officer of a city, town or village located in the county of such accident within 24 hours thereafter. § 2. This act shall take effect immediately. CHAPTER 179 AN ACT to amend the general municipal law, in relation to the transfer and lease of ferry boats and buses by municipalities The Became a law June 11, 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. The section heading and subdivision two of section ninetynine-n of the general municipal law, as added by chapter six of the laws of nineteen hundred eighty-two, are amended to read as follows: Transfer and lease of ferry boats and buses. 2. Notwithstanding any other law, general, special or local, a municipality, acting through its chief executive officer and its chief fiscal officer, without further approval, except, in the case of any municipality with respect to which the legislature has declared that a state of financial emergency exists, the approval of any emergency financial control board or similar body established by state law for such municipality, may (a) sell or transfer all interest in any or all of its ferry boats and buses, except to the extent of any portion of any ferry boat or bus financed by federal grants, for consideration and on such terms and conditions as it may deem appropriate, and obtain a lease from the transferee on such terms and conditions and for such period as it may deem appropriate pursuant to which it may operate such ferry boats or buses, as the case may be, provided (i) such lease contains an option to the municipality to repurchase such interest at the expiration of the scheduled lease term for nominal consideration and (ii) the aggregate of the regularly scheduled rental payments which the municipality is obligated to make pursuant to such lease during each twelve month period of the lease term shall not exceed the aggregate amount receivable, whether by principal or interest, by the municipality from its transferee during each such twelve month period. Without limitation of the foregoing, any lease entered into pursuant hereto may also contain provisions requiring the municipality to indemnify the transferee for, among other things, any loss resulting from the loss or destruction of any property which is the subject of such lease and requiring the municipality to undertake to replace, repair or restore any such property, but such obligations shall not be deemed regularly scheduled rental payments for purposes of the preceding sentence; and (b) provide compensation to one or more third parties for services rendered by them in connection with any such transaction. § 2. Section ninety-nine-n of such law is amended by adding a new subdivision five to read as follows: 5. With respect to any transaction described in this section, a municipality shall comply with the following standards and and procedures: (i) notice of intention to negotiate a transaction described in this section shall be published in at least one newspaper of general circulation, and a copy thereof shall be mailed to all parties who have requested notification from the municipality of its intent to engage in transactions of this type. Such notice shall describe the nature of the proposed transaction and the factors subject to negotiation which shall include, but not be limited to, the price to be paid to the municipality; (ii) the municipality shall consider each proposal which complies with the requirements set forth in the notice; and (iii) the municipality shall determine, on the basis of relevant factors, that the transaction tiated will provide maximum available financial benefits, consistent with other defined objectives and requirements. § 3. This act shall take effect immediately. nego CHAPTER 180 AN ACT in relation to authorizing the boards of education of any school district wholly or partially within Clinton, Essex, Franklin or Warren County to lease school buses to the Wally Byam Caravan Club International Rally Became a law June 11, 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. Notwithstanding any inconsistent provision of law the boards of education of any school district wholly or partially within Clinton, Essex, Franklin or Warren County, are hereby authorized to EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law lease to the Lake Placid Convention and Visitors Bureau in connection with the Wally Byam caravan club international rally to be held June twentieth, nineteen hundred eighty-five to July fifth, nineteen hundred eighty-five, any school buses of such districts not required for their own use for such period of time and upon such terms and conditions as shall be determined by such boards of education. § 2. This act shall take effect immediately. CHAPTER 181 AN ACT to amend the environmental conservation law, in relation to disposal of deer killed by collision Became a law June 11, 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. Section 11-0915 of the environmental conservation law is amended by adding a new subdivision d to read as follows: d. Whenever the owner of such damaged motor vehicle declines to possess such deer, the officer may in his discretion, issue a permit to possess the carcass for consumption to any other party requesting such possession. § 2. This act shall take effect immediately. AN CHAPTER 182 ACT to amend the insurance law, in relation to a requirement of purchase of shares of title insurance corporations by incorporators of such corporations and to repeal subsection (e) of section six thousand four hundred two of such law relating thereto Became a law June 11, 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. Subsection (e) of section six thousand four hundred two of the insurance law is repealed, and subsections (f), (g) and (h) are relettered subsections (e), (f) and (g). § 2. Subsection (d) of section six thousand four hundred two of such law is amended to read as follows: (d) Its incorporators shall be natural persons, not less than seven in number, and shall possess the qualifications of directors prescribed in subsection [(f)] (e) hereof. § 3. This act shall take effect immediately. |