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1. Rate. Each employer liable under this article shall pay contributions on all wages paid by him at the rate of [two] five and [seventenths] four-tenths per centum or, if applicable to the employer, at the rate provided by the provisions of sections five hundred seventy-seven and five hundred eighty-one. However, if contributions so established exceed [two] five and [seven-tenths] four-tenths per centum of wages paid by him which are subject to the federal unemployment tax act, they shall be reduced by that part of such excess, if any, which is caused by the provisions of paragraph (b) of subdivision one of section five hundred eighteen.

§ 2. The opening paragraph of paragraph (a) of subdivision two of section five hundred eighty-one of such law, as added by chapter seven hundred sixty-five of the laws of nineteen hundred eighty-four, is amended to read as follows:

Each qualified employer's rate of contribution shall be the percentage shown in the column headed by the size of the fund index as of the putation date and on the same line with his negative or positive employer's account percentage, except that if within the three payroll years preceding the computation date any part of a negative balance has been transferred from any employer's account as a charge to the general account pursuant to the provisions of paragraph (e) of subdivision one of this section such employer's rate shall be not less than [two] and [seven-tenths] four-tenths per centum.

[two] five

§ 3. Paragraph (b) of subdivision two of section five hundred eightyone of such law, as amended by chapter five hundred sixty-five of the laws of nineteen hundred seventy-one, is amended to read as follows:

CHAPTER 8

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(b) The rate for each employer who has not qualified under the provisions of paragraph (c) of subdivision one of this section because of failure to file all prescribed reports by the computation date shall be [two] five and [seven-tenths] four-tenths per centum unless a higher rate applies to him pursuant to the provisions of paragraph (a) of this subdivision.

4. This act shall take effect immediately.

AN ACT to amend the surrogate's court procedure act, in relation to reference to hear and report by referees

Became a law March 19, 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 third undesignated paragraph of subdivision six of section five hundred six of the surrogate's court procedure act, as added by chapter three hundred sixty-one of the laws of nineteen hundred seventy-one, is amended to read as follows:

The person so designated as referee shall not receive any compensation from the estate or from any party for his services and shall be reimbursed for his necessary expenses only as provided in 2609 (3) [(2)] (a).

2. This act shall take effect immediately.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

CHAPTER 9

AN ACT to amend the surrogate's court procedure act, in relation to the set off of personal property from a small estate in administration

Became a law March 19, 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 one thousand three hundred one of the surrogate's court procedure act, as amended by chapter two hundred twenty-one of the laws of nineteen hundred eighty-one, is amended to read as follows:

1. A small estate is the estate of a domiciliary or a non-domiciliary who dies leaving personal property having a gross value of $10,000 or less exclusive of property required to be set off under EPTL 5-3.1 (a) (1), (2), [and] (3), (4) and (5).

§ 2. This act shall take effect immediately.

CHAPTER 10

AN ACT to amend chapters fifty, fifty-one, fifty-two, fifty-three fifty-four, three hundred forty-eight and five hundred twenty-nine of the laws of nineteen hundred eighty-four, and making deficiency appropriations for the support of government

Became a law March 19 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:

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Section 1. The several amounts named in this section, or so much as shall be sufficient to accomplish the purposes designated by the appropriations, are appropriated and authorized to be paid as hereinafter provided, to the respective public officers and for the several purposes specified, which amounts shall be immediately available for payment when this act becomes a law.

STATE OPERATIONS BUDGET

DEPARTMENT OF AUDIT AND CONTROL

ABANDONED PROPERTY ADMINISTRATION PROGRAM
General Fund

State Purposes Account

PERSONAL SERVICE

Temporary service (for liabilities incurred prior to April 1, 1985)

NONPERSONAL SERVICE

Supplies and materials (for liabilities incurred prior to
April 1, 1985)

..

Travel (for liabilities incurred prior to April 1, 1985)
Contractual services (for
liabilities incurred prior to

incurred prior to April 1,

April 1, 1985) Equipment (for liabilities 1985) ..

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STATE RETIREMENT PROGRAM

Fiduciary Funds

Common Retirement Fund

Holiday/Overtime
prior to April 1, 1985)

ADMINISTRATION PROGRAM

General Fund

NONPERSONAL SERVICE

Contractual services (for liabilities incurred prior to
April 1, 1985)

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ECONOMIC DEVELOPMENT PROGRAM

Special Revenue Funds Other
Miscellaneous Special Revenue Fund
Port Authority Account

Maintenance undistributed

For services and expenses related to a grant from the Port Authority of New York and New Jersey beginning July first, nineteen hundred eighty-four (for liabilities incurred prior to April 1, 1985)

DEPARTMENT OF CORRECTIONAL SERVICES

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PERSONAL SERVICE

compensation (for liabilities incurred

400

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DEPARTMENT OF COMMERCE

Contractual services (for
April 1, 1984)

SUPPORT SERVICES PROGRAM
General Fund

State Purposes Account

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NONPERSONAL SERVICE

liabilities incurred prior to

State Purposes Account

Personal service-regular (for liabilities incurred prior to April 1, 1985)

Contractual services
services
April 1, 1984)
and materials
April 1, 1985)
Contractual services (for
April 1, 1985)

SUPERVISION OF INMATES PROGRAM

General Fund

PERSONAL SERVICE

339

NONPERSONAL SERVICE

(for liabilities incurred prior to
(for liabilities incurred prior to
liabilities incurred prior to

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State Purposes Account

PERSONAL SERVICE

Personal service regular (for liabilities incurred prior
to April 1, 1985)
Holiday/Overtime compensation (for liabilities incurred
prior to April 1, 1985)

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EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

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Personal service regular (for liabilities incurred prior to April 1, 1985).

State Purposes Account

IDENTIFICATION AND DATA SYSTEMS PROGRAM

Other

Special Revenue Funds
Miscellaneous Special Revenue Fund
Criminal Justice Revenue Account

General Fund

PERSONAL SERVICE

DIVISION OF CRIMINAL JUSTICE SERVICES

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PERSONAL SERVICE

Amount available for personal service (for liabilities incurred prior to April 1, 1985) ...

Amount available for nonpersonal service (excluding fringe
benefits) (for liabilities incurred prior to April 1,
1985)
Amount available for fringe benefits (for liabilities in-
curred prior to April 1, 1985)

Contractual services
April 1, 1983) ..
Contractual services
April 1, 1984)

Amount available for nonpersonal service

Program account sub-total

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339

NONPERSONAL SERVICE

This appropriation replaces

the heretofore authorized transfer from the special emergency appropriation contained in section two of chapter fifty of the laws of nineteen hundred eighty-four

....

ADMINISTRATION OF THE DEPARTMENT PROGRAM

State Purposes Account

EDUCATION DEPARTMENT

NONPERSONAL SERVICE

(for

liabilities incurred prior to (for liabilities incurred prior to

REIMBURSABLE PROGRAMS

WEST VALLEY RADIOACTIVE RESEARCH PROGRAM

General Fund State Purposes Account

Amount available for nonpersonal service (excluding fringe benefits) (for liabilities incurred prior to April 1, 1984)

COUNSEL FOR THE STATE PROGRAM

General Fund

DEPARTMENT OF LAW

State Purposes Account

PERSONAL SERVICE

Additional compensation (for liabilities incurred prior to
April 1, 1985)

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Personal service-regular (for liabilities incurred prior to April 1, 1985).

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PERSONAL SERVICE

(for

Contractual services
April 1, 1985)
Equipment (for liabilities

1985)

Other
160

NONPERSONAL SERVICE

liabilities incurred prior to
incurred prior to April 1,

ADMINISTRATION PROGRAM

Special Revenue Funds Other
Miscellaneous Special Revenue Fund
Health Family Advocacy Account

COMMISSION ON QUALITY OF CARE FOR THE MENTALLY DISABLED

ARMY NATIONAL GUARD PROGRAM

General Fund

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For services and expenses of the health family advocacy
project (for liabilities incurred prior to April
1985) ..

1,

This appropriation replaces the heretofore authorized transfer from the special emergency appropriation contained in section two of chapter fifty, laws of nineteen hundred eighty-four

339

DIVISION OF MILITARY AND NAVAL AFFAIRS

State Purposes Account

...

MAINTENANCE UNDISTRIBUTED

For services and expenses related to the Buffalo area snow
emergency.
Notwithstanding the provisions of section fifty-one of the
state finance law or any other law to the contrary, the
director of the budget is hereby authorized to transfer
to the state emergency management program such amounts
as deemed necessary for emergency operations (for lia-
bilities incurred prior to April 1, 1985) .

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2,260,000 120,000

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58,700

60,700

25,000

25,000

300,000

EXPLANATION-Matter in italics is new; matter in brackets [] is old law

to be omitted.

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