CHAPTER 151 AN ACT to amend the workers' compensation law, in relation to the private sale of bonds of the city of Yonkers to the state insurance fund 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 one of section eighty-seven-bb of the workers' compensation law, as added by chapter three hundred forty-five of the laws of nineteen hundred eighty-four, is amended to read as follows: 1. The state insurance fund, and all state officers with responsibility for the custody or investment of such fund or of its assets, are authorized and directed to take any and all actions necessary or appropriate to cause such fund to make purchases as soon as possible, but in no event later than September first, nineteen hundred [eighty-four] eighty-eight, of obligations of the city of Yonkers or renewals or refundings of obligations previously purchased by such fund, in the aggregate principal amount of ten million dollars, provided, however, that at the date of any such purchase the city of Yonkers has not defaulted in the payment of any of its outstanding bonds or notes. Notwithstanding limitations on the private sale of bonds provided by law, such city may sell bonds to such fund by private sale. The terms and conditions of such obligations, including the terms of purchase and maturities thereof, and the rates of interest thereon, shall be determined by the city of Yonkers, provided such terms and conditions are found to be fair and reasonable by the New York state emergency financial control board for the city of Yonkers and the superintendent of insurance. any § 2. This act shall take effect immediately. CHAPTER 152 AN ACT to amend the election law, in relation to prohibiting conversion of political funds to personal use 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. The election law is amended by adding a new section 14-130 to read as follows: $14-130. Campaign funds for personal use. Contributions received by a candidate or a political committee may be expended for any lawful purpose. Such funds shall not be converted by any person to a personal use which is unrelated to a political campaign or the holding of a public office or party position. CHAPTER 153 AN ACT to amend the election law, in relation to challenges 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. Section 8-506 of the election law is amended by adding a new subdivision three to read as follows: a 3. If the board of inspectors determines by majority vote that it lacks sufficient knowledge and information to determine the validity of challenge, the inspectors shall endorse upon the ballot envelope the words "unable to determine", enter the reason for the challenge in the appropriate section of the challenge report and return the envelope unopened to the board of elections. Such ballots shall be cast and canvassed pursuant to the provisions of section 9-209 of this chapter. § 2. This act shall take effect immediately. CHAPTER 154 AN ACT to amend the election law, in relation to furnishing food or drink during voting hours, the use of contributions to candidates or political Committees and repealing subdivision two of section 17-140 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: Section 1. The opening paragraph and subdivision one of section 17-140 of the election law, subdivision one as so numbered by chapter nine of the laws of nineteen hundred seventy-eight, is amended to read as follows: Any person who directly or indirectly by himself or through any other person in connection with or in respect of any election[: or 1. On] during the hours of voting on a day of a general, special or primary election, gives or provides, or causes to be given or provided, shall pay for wholly or in part, any meat, drink, tobacco, refreshment or provision, to or for any person, other than persons who are official representatives of the board of elections or political parties and committees and persons who are engaged as watchers, party representatives or workers assisting the candidate[; or,] is guilty of a Class A misdemeanor. § 2. Subdivision two of section 17-140 of such law is repealed. § 3. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [] is old law CHAPTER 155 AN ACT to amend the highway law, in relation to utility relocation 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. Subdivision twenty-four-b of section ten of the highway law, as amended by chapter seven hundred seventeen of the laws of nineteen hundred seventy-nine, is amended to read as follows: or 24-b. Have power, whenever such commissioner of transportation deems it is necessary as a result of work of construction, reconstruction maintenance of state highways, to provide for the removal, relocation, replacement or reconstruction of privately, publicly or cooperatively owned water, storm and sewer lines and facilities, facilities for the transmission and/or distribution of communications, power, electricity, light, heat, gas, crude products, steam and other similar commodities, municipal utility facilities, or fácilities of a corporation organized pursuant to the transportation corporations law that are located on privately owned property. If such work requires additional property or it if is necessary that the relocation of such facilities be made to other property, he may acquire such property as may be necessary for the purposes of this subdivision, in the same manner as other property is acquired for state highway purposes pursuant to this chapter, and he and the owner of such facilities may enter into a written agreement to convey such property as deemed necessary for the purposes of this subdivision to such owner on terms beneficial to the state. The expense of such removal, relocation, replacement or reconstruction and cost of property acquisition shall be a proper charge against funds available for the construction, reconstruction or maintenance of state highways. Except when such facilities are owned by a corporation organized pursuant to the transportation corporations law, the work of such removal, relocation, replacement or reconstruction shall be performed by contract in the same manner as provided for state highways in article three of this chapter, or, by the use of departmental forces and equipment and of materials purchased therefor, unless the commissioner of transportation consents to having the owner of such facilities provide for the work of such removal, relocation, replacement or reconstruction. In the case where such facilities are owned by a corporation organized pursuant to the transportation corporations law, the work of such removal, relocation, replacement or reconstruction shall be provided for by such corporation unless it consents to having the commissioner of transportation provide for such work to be performed by contract, in accordance with specifications provided by such corporation, in the same manner as provided for state highways in article three of this chapter, or, by the use of departmental forces and equipment and of materials purchased therefor. Upon the completion of the work, such facilities shall be maintained by the owners thereof. In the event that the commissioner of transportation, in connection with the work of construction, reconstruction or maintenance of state highways, encounters such facilities, other than facilities owned by a corporation organized pursuant to the transportation corporations law or operating as a transportation corporation that are located within the highway right-of-way, he may provide for the removal, relocation, replacement or reconstruction of such facilities as he deems it necessary. To the extent the commissioner determines it equitable [and with the approval of the director of the budget], the expense of such removal, relocation, replacement or reconstruction shall be a proper charge against funds available for the construction, reconstruction or maintenance of state highways pursuant to the provisions of this subdivision, and such work shall be performed by contract in the same manner as provided for state highways in article three of this chapter, or, by the use of departmental forces and equipment and of materials purchased therefor, unless the commissioner of transportation consents to having the owner of such facilities provide for the work of such removal, relocation, replacement or reconstruction. In the event that the commissioner of transportation determines prior to undertaking such removal, relocation, replacement or reconstruction that the owner of such facilities is responsible for all or any portion of such expense he shall enter into a written agreement with such owner, [subject to the approval of the director of the budget, ] for the purpose of providing funding, and the deposit with the state comptroller of such funds as are determined by the commissioner to be sufficient to provide for such owner's share of the expenses. The state comptroller is authorized to receive and accept such funds subject to a draft or requisition from the commissioner of transportation. If the funds deposited with the state comptroller are subsequently determined by the commissioner to be insufficient to meet such owner's share, the owner shall in every case be responsible for any balance due. When such work has been completed, the commissioner of transportation shall render an accounting to the owner, and any surplus moneys shall be paid to such owner, without interest, on the warrant of the comptroller on vouchers therefor approved by the commissioner of transportation. Upon completion of the work, such facilities shall be maintained by the owners thereof. In the event that the commissioner of transportation, in connection with the work of construction, reconstruction or maintenance of state highways, encounters such facilities of a corporation organized pursuant to the transportation corporations law or operating as a transportation corporation that are located within the highway right-of-way, he shall provide compensation for the fair and reasonable cost of the removal, relocation, replacement or reconstruction of such facilities provided the following conditions are met: (a) the project for which such facilities are to be removed, relocated or replaced or reconstructed must be federally funded and the cost of such removal, relocation, replacement or reconstruction are a part of the approved project cost by the appropriate federal authorities; and (b) such compensation shall be provided only: (i) for the interstate category of projects; and (ii) for the other categories of projects only when a specific appropriation has been made for such purpose; and (c) for those categories for which compensation is provided the commissioner of transportation shall reimburse the corporation at a rate not less than the rate of reimbursement as the state shall receive from the federal government; and (d) such corporation enters into an agreement with the commissioner of transportation [and the director of the budget] in connection with undertaking the work of removal, relocation, replacement or reconstruction which shall specify the amount or the basis of compensation that be provided toward the fair and reasonable cost of such removal, relocation, replacement or reconstruction. is to any The fair and reasonable cost of such removal, relocation, replacement or reconstruction shall mean the amount paid by such corporation properly attributable to the work of such removal, relocation, replacement or reconstruction of such facilities after deducting therefrom betterment incorporated into the new facilities plus the salvage value and depreciation from the old facility determined by the established methods utilized by the state. Nothing in this subdivision shall be construed to grant to the owner of such private facilities within the highway right-of-way any greater or new rights, other than as provided herein, to compensation for removals, relocations, replacements or reconstructions of such facilities in connection with work of construction, reconstruction or maintenance of state highways that existed prior to the effective date of the amendment to this subdivision and compensɑtion to be paid hereunder is strictly limited as provided herein. § 2. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 156 AN ACT in relation to requiring the commissioner of health, in consultation with the commissioners of social services, education, mental retardation and developmental disabilities and mental health to submit a report to the governor and the legislature with respect to the plight of persons in the state suffering from severe head injuries 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. The legislature hereby finds and declares that serious head injuries occur to many of our citizens each year. Victims of serious head injury may experience a range of physical, cognitive and psychosocial symptoms including aphasia, vision or hearing loss, paraplegia, memory loss, loss of abstract thinking ability, spatial disorientation, depression, agitation and other psychological dysfunctions. Due to the nature of serious head injuries and consequent neurological impairment, these victims require unique medical, social, rehabilitative, psychological and environmental services distinct from service needs of other injured or disabled persons. The legislature further finds and declares that the number of seriously head injured victims in this state is not accurately known. The extent to which existing programs may serve the seriously head injured is also not accurately known, nor is the extent to which new programs must be developed specifically focused on the needs of these victims. There is little programmatic coordination among agencies to facilitate the provision of a continuing range of services appropriate for the seriously head injured. The legislature further finds and declares that there is critical need for data collection regarding the size of the seriously head injured population in this state, the number and types of unique services required by these persons, the number and types of appropriate existing services already available to these persons and the need for development of new programs to provide appropriate services. Using this data, a comprehensive state policy should be developed to provide coordination of the spectrum of long and short-term services needed by the seriously head injured, to examine current medical assistance payment policies for services provided in the state to eligible recipients and to establish appropriate regulatory initiatives to address the needs of this population. § 2. The commissioner of health, in consultation with the commissioners of social services, education, mental retardation and developmental disabilities and mental health shall submit a report to the governor and legislature on or before April first, nineteen hundred eighty-six. Such report shall include, but not be limited to, estimates of the number of victims in the state suffering from serious head injuries; identification of the unique rehabilitation, psychological, physical health, environmental and social needs of these victims; the number and types of existing services, programs, and facilities in the state designed to serve such victims; recommendations regarding the development of additional services, programs and facilities to meet the needs of these victims; identification of and recommendations for appropriate modification to administrative and regulatory barriers to the development of new services, programs and facilities; recommendations regarding the adequacy of existing medical assistance payment rates for the provision of care to these victims within the state; and such other information and recommendations as such commissioners deem necessary. |
