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articles as may be approved by him, for the benefit of the general purposes of the vending stand program for the blind of the state department of social services commission for the blind and visually handicapped, and upon such terms and conditions as the commissioner may deem proper but without provision for payment of rent or other consideration for such permits, and for a term not exceeding five years, which permit may be extended and renewed. Such permit shall include a provision authorizing the department of social services to assign or transfer such permit to a blind person or persons, as herein referred to, for the purposes aforesaid, and it shall also provide that the department of social services shall send

to the commissioner a notice of any assignment or transfer as aforesaid, which notice shall contain such information the commissioner shall require. The permit and any assignment or transfer thereof shall reserve (a) to the department of social services the power of supervision over the conduct and operation of the premises covered thereby and (b) to the commissioner of general services the right to revoke such permit or the assignment or transfer thereof upon the mailing to the last known address of the assignee or assignees a notice of such revocation to be effected within such period of time as the commissioner shall deem to be reasonable.

§ 2. This act shall take effect immediately.

as

CHAPTER 273

or

more,

no

AN ACT to amend the tax law, in relation to authorizing any city having

a population of one million or more to continue to impose sales tax upon receipts from the sale of certain services pursuant to the authority of article twenty-nine thereof Became a law June 25, 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 subparagraph (i) of paragraph two of subdivision (h) of section twelve hundred twelve-, of the tax law, as amended by chapter four hundred twenty-eight of the laws of nineteen hundred eighty-four, is amended to read as follows:

Notwithstanding the provisions of subdivision (f) of this section, any city having a population of one million

acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in any such city, for a period beginning earlier than September first, nineteen hundred seventy-five and ending August thirty-first, nineteen hundred [eighty-five] eighty-six, taxes at

rate or rates not to exceed four percent, in multiples of one-half of one percent, upon the receipts from every sále, except for resale, of any or all of the following services, in whole or in part:

$ 2. This act shall take effect immediately, provided, however, that any local law enacted or amended to impose the taxes authorized by tion

of this act shall not take effect prior to September first, nineteen hundred eighty-five and notwithstanding the provisions of subdivision (d) of section twelve hundred twelve-a of the tax law, any such local law may be enacted to go into effect on September first, nineteen hundred eighty-five or the first day of any month thereafter within the period beginning September first, nineteen hundred eighty-five and ending August thirty-first, nineteen hundred eighty-six, if a certified copy of such local' law is mailed by registered mail to the state tax commission at its office in Albany not less than thirty days prior to such effective date; but the state tax commission or the commissioner of taxation and finance, by a resolution, may waive and reduce such thirtyday period to a period of not less than ten days prior to such effective date if the state tax commission or the commissioner of taxation and finance, as the case may be, deems such action to be consistent with the state tax commission's duties under section twelve hundred fifty of the tax law.

a

sec

one

CHAPTER 274

AN ACT to amend the alcoholic beverage control law, the general obliga

tions law and the penal law, in relation to certain prohibited offenses, practices, and conduct

sales,

Became a law June 27, 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

Section 1. Subdivision one of section sixty-five of the alcoholic beverage control law, as amended by chapter one hundred fifty-nine of the laws of nineteen hundred eighty-two, is amended to read as follows: 1. Any person,

actually or apparently, under the age of [nineteen] twenty-one years;

§ 2. Section sixty-five-a of such law, as amended by chapter three hundred seventy-three of the laws of nineteen hundred eighty-three, is amended to read as follows:

$ 65-a. Procuring alcoholic beverages for persons under the age of [nineteen) twenty-one years. Any person who misrepresents the age of a person under the age of (nineteen) twenty-one years for the purpose of inducing the sale of any alcoholic beverage, as defined in the alcoholic beverage control law, to such person, is guilty of an offense and upon conviction thereof shall be punished by a fine of not more than two hundred dollars, or by imprisonment for not more than five days, or by both such fine and imprisonment.

§ 3. The section heading and subdivision one of section sixty-five-b of such law, as amended by chapter one hundred fifty-nine of the laws of nineteen hundred eighty-two, are amended to read as follows:

Offense for one under age of [nineteen] twenty-one years to purchase or attempt to purchase an alcoholic beverage through fraudulent means. 1. Any person under the age of [nineteen] twenty-one years who presents or offers to any licensee under the alcoholic beverage control law to the agent or employee of such licensee, any written evidence of age which is false, fraudulent or not actually his own, for the purpose of purchasing or attempting to purchase any' alcoholic beverage, may be arrested or summoned and be examined by a magistrate having jurisdiction on a charge of illegally purchasing or attempting to illegally purchase an alcoholic beverage. If a determination is made sustaining, such charge the court or magistrate shall release such person on probation for å period of not exceeding one year, and may in addition impose fine not exceeding one hundred dollars.

§ 4. The section heading and subdivision one of section 11-100 of the general obligations law, as added by chapter six hundred forty-one of the laws of nineteen hundred eighty-three,

amended to read as follows:

Compensation for injury or damage caused by the intoxication of a person under the age of (nineteen] twenty-one years.

1. Any person

who shall be injured in person, property, means of support or otherwise, by reason of the intoxication or impairment of ability of any person under the

age of [nineteen) twenty-one years, whether resulting in his death or not, shall have a right of action to recover actual damages against any person who knowingly, causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under the age of [nineteen) twenty-one years.

§ 5. Subdivision four of section 260.20 of the penal law, as amended by chapter one hundred fifty-nine of the laws of nineteen hundred eighty-two, is amended to read as follows:

4. He gives or sells or causes to be given or sold any alcoholic bev. erage, as defined by section three of the alcoholic beverage law,

to a [child] person less than [nineteen) twenty-one years old; exEXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

a

are

cept that this subdivision does not apply to the parent or guardian of such a fchild) person; or

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

CHAPTER 275

AN ACT to amend the civil service law, in relation to the resolution of

certain disputes between employers and employee organizations; extension of effect

Became a law June 30, 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. nine of the civiatgeraike law of subdivision four of section two hundred

law, as amended by chapter four hundred nine of the laws of nineteen hundred eighty-three, is amended to read as follows:

(d) The provisions of this subdivision shall expire [eight] ten years from July.first, nineteen hundred seventy-seven.

§ 2. This act shall take effect immediately.

CHAPTER 276

as

AN ACT to amend chapter Six hundred seventy-seven of the laws of

nineteen hundred seventy-seven amending the civil service law, the judiciary law and the general municipal law, relating to amending the čivil service law and rights of a public employee

employee organization, in relation to extending the provisions thereof for two additional years Became a law June 30, 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 seven of chapter six hundred seventy-seven of the laws of nineteen hundred seventy-seven amending the civil service law, the judiciary, law and the general municipal law, relating to amending the civil service law and rights of a public employee organization, amended by chapter six hundred two of the laws of nineteen hundred eighty-three iscamended to read as follows:

act shall take effect on the thirtieth day after it shall have become a law and shall apply to each pay period of

public ployer commencing

after such day except that the provisions of sections one through six of this act and the amendments to the provisions of law effected therein or in any other chapter of the laws of nineteen hundred seventy-seven or nineteen hundred seventy-eight amending those same provisions as herein amended or added shall expire on the first day of the month in the Çeighth] tenth year next succeeding the date on which the provisions of this act shall have become effective and the provisions of any agreement between a public employer and employee organization only to the extent that they were agreed to pursuant to the authorization contained in this act or any other chapter of the laws of nineteen hundred seventy-seven or nineteen hundred seventy-eight amend; ing the same provisions of law as herein amended or added shall be null and vo.id and the provisions of law as they existed immediately prior to the effective date' hereof shall be controlling.

§ 2. This act shall take effect immediately.

а

em

on

or

CHAPTER 277

(See FISCAL NOTE at end of Chapter.)

AN ACT to amend the general municipal law and the retirement and social

security law, in relation to increasing certain special accidental death benefits Became a law June 30, 1985, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision of section two hundred eight-f of the general municipal law, as amended by chapter six hundred thirty-four of the laws of nineteen hundred eighty-four, is amended to read as follows:

Commencing. July first, nineteen hundred [eighty-four] eighty-five the special accidental death benefit paid to a widow or widower the deceased member's children under the age of eighteen, if the widow or widower has died, shall be escalated by adding thereto

additional percentage of the salary of the deceased member (as increased pursuant to subdivision b of this section) in accordance with the following schedule:

C.

or

an

calendar year of death
of the deceased member

1977 or prior
1978
1979
1980
1981
1982
1983
1984
1985

per centum

[23. 0%) 26.7%
(19.4%] 23.0%
| 15. 9%1 19.4%
[12.6%) 15.9%
[9.3%

12.6%
16.1%) 9.3%
13%) 6.1%
[0%) 3.0%

0.0%

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§ 2. Subdivision c of section three hundred sixty-one-a of the retirement and social security law, as amended by chapter six hundred thirtyfour of the laws of nineteen hundred eighty-four, is amended to read as follows:

Commencing. July first, nineteen hundred [eighty-four] eighty-five the special accidental death' benefit paid to a widow or widower

or the deceased member's children under the age of eighteen, if the widow or widower has died, shall be escalated by adding thereto an additional percentage of the salary of the deceased member, as increased pursuant to subdivision b of this section, in accordance with the following schedule:

calendar year of death
of the deceased member

per centum
1977 or prior

[23. 0% 26.7% 1978

† 19. 4%23.0% 1979

15. 9%) 19.4% 1980

[12.6%) 15.9% 1981

[9.3% 12.6% 1982

6. 1% 9.3% 1983

6.1% 1984

[0%

3.0% 1985

0.0%

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3. This act shall take effect on July first, nineteen hundred eighty-five.

FISCAL NOTE. - This bill would increase the salary used in the computation of the special accidental death benefit by 3% in

where the date of death was before 1985.

cases

EXPLANATION-Matter in italics is new; matter in brackets [] is old law It is estimated that this bill would have an additional annual cost of approximately $80,000 above the $1,360,000 current cost of this benefit. This cost would be shared by the State of New York and all participating employers of the New York State Policemen's and Firemen's Retirement System.

This estimate, intended for use only during the 1985 Legislative Session is Fiscal Note No. 85-17, dated February 6, 1985, prepared by the Actuary for the New York State Policemen's and Firemen's Retirement System.

CHAPTER 278

AN ACT to amend chapter six hundred sixty-eight of the laws of nineteen

hundred seventy-seven, amending the volunteer firefighters' , benefit law, relating to disability due to disease or malfunction of the heart or coronary arteries, in relation to the period of application for benefits

Became a law June 30, 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. Section four of chapter six hundred sixty-eight of the laws of nineteen hundred seventy-seven, amending the volunteer firefighters' benefit law, relating to disability due to disease or malfunction of the heart or coronary arteries, as amended by chapter four hundred thirteen of the laws of nineteen hundred eighty-three, is amended to read as follows:

§ 4. The provisions of section two of this act shall remain in full force and effect to and including the thirtieth day of June, nineteen hundred [eighty-five) eighty-seven.

§ 2. This act shall take effect immediately.

CHAPTER 279

(See FISCAL and SPECIAL NOTES at end of Chapter.)

AN ACT to amend the administrative code of the city of New York, in

relation to supplemental pensions of surviving spouses and certain other beneficiaries receiving benefits from closed pension funds

Became a law June 30, 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. Paragraphs two and three of subdivision a of section D49-40.5 of the administrative code of the city of New York, as added by chapter eight

eight hundred eighty-nine of the laws of nineteen hundred eighty-two, are amended to read as follows:

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