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CHAPTER 183

AN ACT to authorize the town of Babylon, Suffolk county to make a sale

of certain parklands Became a law June 11, 1985, with the approval of the Governor. Passed on

Home Rule request pursuant to Article IX, section 2(b) (2) 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. Notwithstanding any contrary provision of law, the town of Babylon, Suffolk county is hereby, authorized to discontinue the use for park purposes of the lands described in section two of this act and convey such lands to the United Civic Association of Deer Park, New York Inc. for such consideration and upon such other terms and conditions as the town board of such town may determine. Any consideration received by such town shall be used for park purposes by such town.

§ 2. The land referred to in section one of this act to be conveyed by the town of Babylon, Suffolk county is described as follows:

ALL that certain plot, piece or parçel of land with the buildings and improvements thereon erected situate, lying and being in the Town of Babylon, County of Suffolk and State of New York, known and designated on a certain map known as "Map of Property of the Surburban Lot Association,

Sheet No. 2"', and filed in the Office of the Clerk of the County of Suffolk on October 4, 1872 as Map No. 122 as and by lots numbered 6, 7, 8, 9 and 10 in Block "G", which said lots when taken together are bounded and described as follows:

BEGINNING at a point on the easterly line of Monroe Avenue distant 200 feet northerly from the intersection of the easterly line of Monroe Ave

with the northwesterly line of Skidmore Road; running thence North 23° 15'00" east along the easterly line of Monroe Avenue 125 feet to the division line between lots

10 and 11 in Block "G" on said map; thence south 66° 45'00" east along said division line 135.62 feet to the northwesterly side of Skidmore Road; thence south 45° 54' 00" west along the northwesterly side of Skidmore Road 135.45 feet to the division line between lots 5 and 6 in Block "G" on said map; and thence north 66° 45'00" west along said last mentioned division line 83.46 feet to the point or place of BEGINNING.

Title to said premises is registered in the Suffolk County Land Registrar's office title certificate #83828.

$ 3. This act shall take effect immediately.

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CHAPTER 184

AN ACT to amend the environmental conservation law, in relation to the terms of office of members of the New York state oil, gas and solution mining advisory board 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

of section 23-0311 of the environmental conservation law,, as added by chapter eight hundred forty-six of the laws of nineteen hundred eighty-one, is amended to read as follows:

1. An eleven member New York state oil, gas and solution mining advisory board shall be created within the department to advise and assist EXPLANATION—Matter in italics is new; matter in brackets [] is old law

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the commissioner and other state agencies on activities and policies related to the development, operation and regulation of the oil, gas and solution mining industry. The members shall be appointed by the governor, with a majority representative of the respective industries. Three of the members shall be appointed upon recommendation of the majority leader of the senate and three of the members shall be appointed upon recommendation of the speaker of the assembly. Appointments shall be made for three-year terms. Members shall continue in office until their successors have been appointed and qualified. The governor shall select a chairman from among the members. The board shall meet at least twice yearly and the members shall receive reimbursement for expenses. The department shall provide the board with secretarial services.

§ 2. This act shall take effect immediately.

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AN ACT to amend the environmental conservation law, in relation to in

creasing the membership of the New York state oil, gas and solution
mining advisory board
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 Assem-
bly, do enact as follows:

Section 1. Subdivision one of section 23-0311 of the environmental conservation law, as added by chapter eight hundred forty-six of the laws of nineteen hundred eighty-one, is amended to read as follows:

1. [An eleven] A thirteen member'New York state oil, gas and solution mining advisory board shall be created within the department to advise and assist the commissioner and other state agencies on activities and policies related to the development, operation and regulation of the oil, gas and solution mining industry. The members shall be appointed by the governor, with a majority representative of the

respective industries. Three of the members shall be appointed upon recommendation of the majority leader of the senate and three of the members shall be appointed upon recommendation of the speaker of the assembly. Appointments shall be made for three-year terms. The governor shall select a chairman from among the members. The board shall meet at least twice yearly and the members shall receive reimbursement for expenses. The department shall provide the board with secretarial services.

§ 2. This act shall take effect immediately.

CHAPTER 186

AN ACT to amend the vehicle and traffic law, in relation to termination

of certain suspensions for lack of insurance coverage and the issuance
of restricted use licenses
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 Assem-
bly, do enact as follows:

Section 1. Subdivision thirteen of section three hundred eighteen of the vehicle and traffic law, as added by chapter two hundred fifty-nine of the laws of nineteen hundred seventy, paragraph (a) as amended by chapter fifty-five of the laws of nineteen hundred seventy-three, is amended to read as follows:

13. (a) Subject to the provisions of paragraph (b), no revocation or suspension order shall be issued pursuant to this section, if such revocation or suspension order has been issued, it shall be terminated,

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if the commissioner shall determine that the person involved was not aware of

the fact that financial security was not in effect and the failure to have such financial security in effect was caused solely by the negligence or malfeasance of a person other than such person.

(b) The burden of proving, lack of knowledge that financial security was not in effect and that such failure resulted solely from the negligence

malfeasance another shall be upon the person seeking to avoid revocation or suspension action. Such facts shall be established by clear and convincing evidence, either by the submission of affidavits or at a hearing called in the discretion of the commissioner.

၌ 2. Subdivision fifteen of section three hundred eighteen of such law, as amended by chapter six hundred forty seven

of the laws of nineteen hundred éighty-four, is amended to read as follows:

15. Notwithstanding any provisions of this section, a restricted use license or privilege of operating a motor vehicle in this state may be issued to a person who has had his license or such privilege revoked or suspended pursuant to any provision of this section in accordance with article twenty-one-A of this chapter.

§ 3. This act shall take effect immediately.

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AN ACT to amend the penal law, in relation to making certain technical

changes
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 Assen-
bly, do enact as follows:

Section 1. Subdivision seven of section 60.27 of the penal law, as added by chapter nine hundred sixty-five of the laws of nineteen hundred eighty-four, is renumbered subdivision eight.

§ 2. The section heading of section 215. 11 of such law, as amended by chapter one hundred one of the laws of nineteen hundred eighty-three, is amended to read as follows:

Employer unlawfully penalizing witness.

§ 3. Section 215. 1'1 of such law, as amended by chapter one hundred one of the laws of nineteen hundred 'eighty-three, is renumbered section 215. 14.

§ 4. This act shall take effect immediately.

CHAPTER 188

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

and expanding the circumstances in which certain affidavits may be
used in grand jury proceedings
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 Assem-
bly, do enact as follows:

Section 1. Subdivision three of section 190.30 of the criminal procedure law, as added by chapter three hundred seven of the laws of nineteen hundred seventy-five, paragraph (e) as added and paragraph (f)

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as relettered by chapter five hundred eighty-six of the laws of nineteen hundred seventy-six, is amended to read as follows:

3. A written or oral statement, under oath, by a person attesting to one or more of the following matters may be received in such grand jury proceeding as evidence of the facts stated therein:

(a) that person's ownership or lawful custody of, or license to occupy, premises, as defined in section 140.00 of the penal law, and of the defendant's lack of license or privilege to enter or remain thereupon;

(b) that person's ownership of, or possessory right in, property, the nature and monetary amount of any damage thereto and the defendant's lack of right to damage or tamper with the property;

(c) that person's ownership or lawful custody of, or license to possess property, as defined in section 155.00 of the penal law, including

automobile or other vehicle, its value and the defendant's lack of superior or equal right to possession thereof;

id) that person's ownership of a vehicle and the absence of his consent to the defendant's taking, operating, exercising control using its

(e) that person's qualifications as a dealer or other expert in appraising or evaluating a particular type of property, his expert opinion as to the value of a certain item or items of property of that type, and the basis for his opinion;

(f) that person's identity an ostensible maker [or), drafter, drawer, endorser or other signator of a written instrument and [of] its falsity within the meaning of section 170.00 of the penal law.

Provided, however, that no such statement shall be admitted when an adversarial examination of such person has been previously ordered pursuant to subdivision 8 of section 180.60, unless a transcript of such examination is admitted.

§ 2. This act shall take effect immediately.

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CHAPTER 189

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AN ACT to amend the penal law, in relation to lawful possession of weap

ons by persons under sixteen and to repeal paragraph seven of subdivision a of section 265. 20 of such law relating thereto 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. Paragraph seven of subdivision a of section 265. 20 of the penal law is repealed and a new paragraph seven is added to read follows:

2. Possession, at an indoor or outdoor shoot ing range for the purpose of loading and firing, of a rifle or shotgun, the propelling force of which may be either gunpowder, air or springs, by a person under sixteen

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immediate supervision, and instruction of

duly commissioned officer of the United States army, navy,

marine

corps coast Guard, or of the national guard of the state of New York; or (b) a duly qualified adult citizen of the United States who has been granted a certificate instructor in small arms practice issued by the United States army, navy or marine corps, or by the adjutant general of this state, by the national rifle association of America, a not-for-profit corporat ion duly organized under the laws of this state; or (c) a parent guardian, or & person over the age of eighteen designated in writing by such parent or guardian who shall have a certificate of qualification in responsible hunting, including safety, ethics, and landowner relations-hunter relations, issued or honored by the department of environmental conservation.

§ 2. This act shall take effect immediately.

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CHAPTER 190

AN ACT to amend the executive law, in relation to restricting the lead

content in solder used in plumbing fixtures
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. Section three hundred seventy-eight of the executive law is amended by adding a new subdivision six to read as follows:

6. Standards for the use of lead in water supply systems constructed or portions added on or after January first, nineteen hundred eightysix, including limiting the amount of lead in solder which may be utilized in piping to convey potable water to not more than one-half of percent.

S 2. This act shall take effect January first, nineteen hundred eighty-six, provided that rules and regulations may be promulgated prior to such date to insure effective implementation of this act.

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CHAPTER 191

AN ACT to amend the education law, in relation to authorizing Indians

residing on reservations to serve as members of boards of education and as trustees of public libraries established by school districts 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 two of section two hundred sixty of the education law,, as amended by chapter four hundred seventy-six of the laws of nineteen hundred seventy-seven, is amended to read as follows:

2. The trustees of public libraries authorized to be established by cities shall be appointed by the mayor and confirmed by the common council, in counties they shall be appointed by the county board of supervisors or other governing elective body, in villages, they, shall be appointed by the village board of trustees, in towns they shall be appointed by the town board, in school districts they shall be elected by the legal voters in the

same manner as trustees are elected in the school district which established said library, and on Indian reservaţions they shall be elected at a general tribal election or otherwise designated by the the chiefs head

of an Indian tribe; that notwithstanding the fact that county, town or local school district lines do not penetrate the reservation boundary, Indians residing on reservations shall be eligible to serve as trustees of public libraries established in school districts to the same extent as they are qualified voters pursuant to subdivision three of section twenty hundred twelve of this chapter; that the first trustees shall determine by lot the year in which the term of office of each trustee shall expire and that a new trustee shall be elected or appointed annually to serve for five years. Notwithstanding the foregoing provisions of this subdivision, in any case where a town is a contributor to the support of any such public library in a village located within the town the appointment of trustees of such library who reside outside the village but within such town shall be subject to the approval of the town board of such town. The charter of any public library granted prior to April thirtieth, nineteen hundred [and] "twenty-one, which provides for trustees, their terms of office and method of election or appointment in a manner'differing from EXPLANATION—Matter in italics is new; matter in brackets [] is old law

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