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program or course in existence on the effective date of this section, to remain in effect for a period of one year following the effective date;

3. certify, as qualified, instructors of security guards and issue appropriate certificates to such instructors;

4. certify security guards or applicants who have satisfactorily completed basic training programs and issue appropriate certificates to such security guards or applicants;

5. cause studies and surveys to be made relating to the establishment, operation and approval of security guard training schools and training programs;

6. consult with and cooperate with approved security guard training schools and programs for the development of advanced in-service training programs for security guards and

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appropriate certificates to security guards, attesting to their satisfactory completion of such advanced training programs;

7. consult with and cooperate with universities, colleges and institutes in the state for the development of specialized courses of study for security guards;

8. consult with and cooperate with other departments and agencies of the state concerned with security guard training; 9. consult with, cooperate with and provide technical assistance to the council and to the department of state

matters concerning security guards;

10. report to the council at each regular meeting of the council and at other such times as may be appropriate; and

11. adopt and promulgate any rules and regulations necessary to impleDent the provisions of this section and sections eight hundred fortyone-a and eight hundred forty-one-b of this article and of article seven-A of the general business law.

§ 841-d. Saving clause. In case it be judicially determined that any phrase, clause, part, paragraph or section of any of the provisions of section eight' hundred forty-one-a, eight hundred forty-one-b, or eight hundred forty-one-c of this article is unconstitutional or otherwise invalid, such determination shall not affect the validity or effect of the remaining provisions of the aforementioned sections.

§ 9: Subdivisions 2 and 3 of section 97-aa of the state finance law, as added by chapter 64 of the laws of 1988,

amended to read follows:

2. All moneys collected by the department of state as the result of examination fees charged by said department for written examinations offered, pursuant to articles seven and twenty-seven of the general business law, article twelve-A of the real property law and section one hundred thirty-one of the executive law, and fees collected pursuant to paragraph (a) of subdivision ten of section eighty-nine-h and section eighty-nine-m of the general business law shall be deposited to the credit of the licensing examinations services account within the miscellaneous special revenue fund.

3. Moneys within the examinations services account, upon appropriation by the legislature, shall be available to the department of state for the operation of the department in relation to examinations services, including but not limited to developing, scheduling, holding, correcting and reviewing appropriate licensing examinations; and for the implementation, operation and enforcement of article seven-a* of the general business law including suballocations of such moneys as authorized within appropriations to the division of criminal justice services relating to its duties pursuant to such article; provided, however, that, on the thirty-first day of March of each year, the comptroller is hereby authorized and directed to transfer an amount equal to the unencumbered balance of said account from the account to the general fund.

§ 10. Subdivisions 2 and 3 of section 97-bb of the state finance law, as amended by chapter 166 of the laws of 1991, are amended to read follows:

2. The criminal justice improvement account shall consist of all sonies received by the state pursuant to subdivision eight-a of section eight hundred thirty-seven of the executive law and amendments thereto, sections eighteen hundred nine and eighteen hundred nine-a of the vehicle and traffic law, paragraph (b) of subdivision ten of section eighty

* So in original. ("seven-a" should be "seven-A". ) EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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nine-h of the general business law and section 60.35 of the penal law, receipts from municipalities or localities for services rendered by the division of criminal justice services, monies paid for the licensing, sale or

support of software developed by the division of criminal justice services to organizations outside the state or to non-criminal justice organizations within the state and all other fees, fines, grants, bequests or other monies credited, appropriated transferred thereto from any other fund or source.

3. Monies of the criminal justice improvement account, following appropriation by the legislature and allocation by the director the budget, shall be made available for the following purposes and in accordance with the following priorities:

a. For state operation expenses, and local assistance services and expenses of programs to provide services to crime victims and witnesses and for payments to victims in accordance with the federal crime control act of 1984, as administered pursuant to article twenty-two of the executive law; b. Missing children programs;

Local assistance services and expenses of programs appropriated in the aid to localities budget of the state of New York;

d. For state operation expenses of the division of criminal justice services, as follows:

(i) Identification and criminal history services for criminal justice purposes and for employment and licensure purposes authorized by state or federal law;

(ii) For services and expenses related to the management information services program, including the traffic safety law enforcement and disposition program and parking violations enforcement and disposition program;

(iii)' Improvements in the accuracy and completeness of criminal justice records;

(iv) For services and expenses related to the office of justice systems analysis;

(v) Criminal justice information and telecommunication systems improvements and cooperative information exchange and research ventures;

(vi) For services and expenses of the bureau of municipal police;

(vii) For services and expenses of the office of funding and program assistance; [and]

(viii) For services and expenses of the administration of the division of criminal justice services; and

(ix) For services and expenses for the implementation and operation of article seven-ax of the general business law;

For state operations expenses of the state commission on corrections and the division of probation and correctional alternatives.

§ 11. Subdivision 8 of section 92 of the public officers law, as amended by chapter 134 of the laws of 1985, is amended to read follows:

(8) Public safety, agency record. The term "public safety agency record" means a record of the commission of [corrections] correction, the temporary state commission of investigation, the department of correctional services, the division for youth, the division of parole, the crime victims board, the division of probation and correctional alternatives or the division of state police or of any agency

component thereof whose primary function is the enforcement of civil or criminal statutes if such record pertains to investigation, law enforcement, confinement of persons in correctional facilities or supervision of persons pursuant to criminal conviction or court order, and any recordsmaintained by the division of criminal justice services pursuant to sections eight hundred thirty-seven, eight hundred thirty-seven-a, eight hundred thirty-seven-b, eight hundred thirty-seven-c, eight 'hundred thirtyeight, eight hundred thirty-nine, eight hundred' forty-five, and eight hundred forty-five-a of the executive law and by the department of state pursuant to section ninety-nine of the executive law.

§ 12. This act shall take effect January 1, 1993, except that sections one through eleven of this act shall take effect 360 days after the date on which this act shall have become a law; provided however that:

1. effective immediately, the appointments to the security guard advisory council as required by paragraph (a) of subdivision 1 of section 841-a of the executive law, as added by section eight of this act, shall be completed on or before January 1, 1993;

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2. the security guard advisory council shall recommend to the commissioner of the division of criminal justice services the rules and regulations required by section 841-c of the executive law, as added by section eight of this act, no later than the two hundred fortieth day after the date on which this act becomes a law; and 3. effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of the foregoing sections of this act on their effective date are authorized and directed to be made and completed within 360 days after the date which this act becomes a law.

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CHAPTER 337

AN ACT to amend the executive law, in relation to authorizing the division for youth to require persons admitted to institutions operated by the division who require medical or dental services to pay for such services if insured under a health insurance policy Became a law July 17, 1992, 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 executive law is amended by adding a new section 529-a to read as follows:

§ 529-a. Payment of costs for medical and dental services. 1. Diagnoses, tests, studies or analyses for the diagnosis of a disease or disability, and care and treatment by a hospital, as defined in article twenty-eight of the public health law, or by a physician, or by dentist to youths in division facilities shall be without cost or charge to the persons receiving such examinations, care or treatment.

2. Notwithstanding the provisions of subdivision one of this section, the division may require reimbursement for costs paid pursuant to subdivision one of this section from any third party coverage or indemnification cover ing a youth placed with the division. Such third party erage or indemnification shall first be applied against the total cost to the hospital or other provider as established in accordance with the provisions of section twenty-eight hundred seven of the public health law relating to rates of payment of an individual's care and treatment, as provided therein.

3. Nothing in this section shall be deemed to affect the responsibility for support of children in the division as prescribed pursuant to section five hundred twenty-eight of this chapter. $ 2. This act shall take effect immediately.

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CHAPTER 338

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AN ACT to amend the executive law, in relation to the community services block grant program for distribution of funds; and chapters 828 of the laws of 1982 and 710 of the laws of 1983 amending the executive law relating to community services block grant programs, in relation the effectiveness of such chapters Became a law July 17, 1992, 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 159-1 of the executive law, as amended by chapter 599 of the laws of 1991, is amended to read as follows:

159-i. Distribution of funds. For federal fiscal year nineteen hundred (ninety-two) ninety-three at least ninety percent of the community EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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services block grant funds received by the state shall be distributed pursuant to a contract by the secretary to grantees as defined in subdivision one of section one hundred fifty-nine-e of this article. Each such grantee shall receive the same proportion of community services block grant funds as was the proportion of funds received' in federal fiscal year nineteen hundred eighty-one by such grantee under the federal community services administration program account numbers 01 and 05 pursuant to section two hundred twenty-one of title II and for migrant and seasonal farm worker organizations pursuant to section two hundred twenty-two of title II of the economic opportunity act of 1964, amended, as compared to the total amount received by all grantees in the state, under the federal community services administration program account numbers 01 and 05 pursuant to section two hundred twenty-one of title II and for migrant and seasonal farm worker organizations pursuant to section two hundred twenty-two of title II of such act in federal fiscal year nineteen hundred eighty-one.

For federal fiscal year nineteen hundred [ninety-two) ninety-three the secretary shall, pursuant to section one hundred fifty-nine-h of this article, retain not more than five percent of the community services block grant funds for administration at the state level.

For federal fiscal year nineteen hundred [ninety-two] ninety-three the remainder of the community services block grant funds, received by the state shall be distributed pursuant to a contract by the secretary in the following order of preference: a sum of up to one-half of one percent of the community services block grant funds received by the state to Indian tribes and tribal organizations as defined in this article, on the basis of need; community action agencies established in federal fiscal year nineteen' hundred eighty-three; counties which do not have a community action agency in existence and seek to establish an organization which is consistent with the objectives of an eligible entity; limited purpose agencies which had received funding during federal fiscal year nineteen hundred eighty-one under section two hundred twenty-one, section two hundred twenty-two(a)(4) or section two hundred thirty-two of title II of the economic opportunity act of 1964,

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amended; and community based organizations.

§ 2. Section 5 of chapter 728 of the laws of 1982, amending the executive law relating to community services block grant programs, as amended by chapter 492 of the laws of 1991, is amended to read as follows:

§ 5. This act shall take effect immediately provided, however, that section four hereof shall take effect October 1, 1982 and provided further, however, that the provisions of sections two, three and four of this act shall be in full force and effect only until September 30, 1983 and section one of this act shall be in full force and effect until September 30, [1992] 1993.

§ 3, Section 7 of chapter 710 of the laws of 1983, amending the executive law relating to community services block grant programs as amended by chapter 492 of the laws of 1991, is amended to read as follows:

§ 7. This act shall take effect September 30, 1983 and shall be in fuil force and effect only until September 30, [1992] 1993 at which time the amendments and additions made pursuant to’the provisions of this act shall be deemed to be repealed.

§ 4. This act shall take effect immediately.

CHAPTER 339

AN ACT to amend the public authorities law, in relation to and for the

purpose of enabling the dormitory authority to construct and finance dormitories, including all necessary and usual attendant and related

facilities for the Utica College Foundation Became a law July 17, 1992, with the approval of the Governor. Passed on

message of necessity pursuant to Article III, section 14 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. The undesignated subparagraph of paragraph (b) of subdivision 2 of section 1676 of the public authorities law, as added by chapter 537 of the laws of 1990, is amended to read as follows:

The Ctica College Foundation, for the financing, refinancing, reimbursement and development of [the student dormitory and academic facilities at its Utica campus, including Burrstone House to serve as a dormitory for students residing at the college; provided, however, that the aggregate sum of such issuance of bonds shall not exceed thirty-five million dollars.

§ 2. The undesignated paragraph of subdivision 1 of section 1680 of the public authorities law, as added by chapter 537 of the laws of 1990, is amended to read as follows:

The Utica College Foundation, for the financing, refinancing, reimbursement and development of [thes student dormitory and academic facilities at its Utica campus, including Burrstone House to serve as a dormitory for students residing at the college; provided, however, that the aggregate sum of such issuance of bonds shall not exceed thirty-five million dollars.

§ 3. Any contracts for design, construction, services and materials entered into by the dormitory authority pursuant to this act shall be deemed state contracts within the meaning of that term as set forth in article 15-A of the executive law, and the authority shall be deemed, for the purposes of this act, a contracting agency as that term is used in article 15-A of the executive law. § 4. This act shall take effect immediately.

CHAPTER 340

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(See FISCAL NOTE at end of Chapter.) AN ACT to amend the education law, to remove the age based restrictions

on loans made to Ťier I and II members Became a law July 17, 1992, 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 1 of section 512-b of the education law, as amended by chapter 510 of the laws of 1974,

amended to read follows:

1. Any member (under age seventy] in active service or on leave of absence who has credit for at least one year of member service may borrow from his accumulated contributions in' the retirement system once during each six month period an amount of not less than three hundred dollars providing, the “retirement board shall approve such loan. The total of any such loans shall not exceed[: (a)) seventy-five per centum of his accumulated contributions[; (b) an amount which, together with interest on any unpaid balance thereof, can be repaid prior to his attainment of age seventy by additional contributions which shall not exceed ten per centum of his earnable compensation);

§ 2. Subdivision 2 of section 512-b of the education law, as amended by chapter 849 of the laws of 1976, is amended to read as follows:

?: Repayment. An amount so borrowed, together with interest on any unpaid balance thereof, shall be repaid' in equal installments which shall be made by the borrower directly to the retirement board or, with the consent of the employer, through regular payroll deduction.

The state comptroller is authorized to provide through regular payroll deduction for such repayment of loans made by employees of the state of New York. Such installments shall be in such amount as the retirement board shall approve; however, they shall be at least (a) two percent of the member's contract salary, and (b) sufficient to [repay, the amount borrowed, together with interest on unpaid balances thereof, by the time the

member attains age seventy] ‘pay the

interest the unpaid balances thereof. In the event that a member is on leave of absence without pay or is not regularly employed by an employer subject to the provisions of this article, any such outstanding loan shall be repaid in such installtents of principal and interest as the retirement board shall determine. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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