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CHAPTER 369

AN ACT relating to solid waste treatment and disposal in Sullivan county

Became a law July 17, 1992, with the approval of the Governor.

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

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

Section 1. To further the governmental and public purposes of this act and of the county of Sullivan and all other municipalities within the county, and in recognition of the public policy of the state in the area of the control and management of solid waste and solid waste disposal activities to displace competition with regulation or monopoly public control, the county of Sullivan and all other municipalities within the county, as instrumentalities of the state, shall have the power to adopt and amend local laws, ordinances and regulations imposing appropriate and reasonable limitations on competition with respect to collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste or the recovery by any means of any material or energy product or resource therefrom, including, without limiting the

generality, of the foregoing, local laws requiring that all solid waste generated, originated or brought within their respective boundaries, subject to such exceptions as may be determined to be in the public interest, shall be delivered to a specified solid waste disposal or solid waste management-resource recovery facility or facilities; provided, however, that any such local law, ordinance or regulation enacted by the county shall take precedence over and shall supersede any inconsistent provisions of any such local law, ordinance or regulation enacted by a municipality within the county. Any such local law shall be adopted in accordance with the procedure provided by the municipal home rule law, except that no such local law shall be subject to either mandatory or permissive referendum. Any such local law may include provisions for the enforcement thereof and penalties for the violation thereof, which may provide, but shall not be limited to providing, that any violation of a local law shall constitute an offense or infraction and may provide that any violation may be punished by civil penalty, fine or other monetary charge, and/or the suspension revocation of permits or licenses granted by any jurisdiction with respect to the collecting, receiving, transporting, delivery or storing of solid waste. Upon the adoption of any local law, ordinance or regulation pursuant to this act, the county

municipality shall file a verified copy of such local law, ordinance or regulation with the commissioner of the department of environmental conservation; provided, however, that failure to so file such a local law, ordinance or regulation shall not invalidate such local law, ordinance or regulation.

§ 2. For purposes of this act, solid waste shall mean all putrescible and non-putrescible solid wastes, including, but not limited to, materials or substances discarded or rejected as being spent, useless, worthless, or in excess to the owners at the time of such discard or rejection, are being accumulated, stored, or physically, chemically or biologically treated prior to being discarded or rejected, having, served their intended use, or as a manufacturing by-product, including, but not limited to, garbage, refuse, industrial, commercial and agricultural waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, amended, or waste which appears on the list or satisfies the characteristics of hazardous waste promulgated by the commissioner of environmental conservation pursuant to section 27-0903 of the environmental conservation law or any scrap or other material of value separated from the waste stream held for purposes of materials recycling but shall include materials separated from the waste stream pursuant to section 120-aa the general municipal law.

§ 3. This act shall take effect immediately.

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CHAPTER 370

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AN ACT to amend the mental hygiene law, in relation to authorizing

consumer representation on mental health councils
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 Assem-
bly, do enact as follows:

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Section 1. Paragraph 1 of subdivision (a) of section 7.05 of the mental hygiene law, as amended by chapter 725

of

the laws of 1982, is amended to read as follows:

1. at least four consumer representatives, [including] two of whom shall be current or former patients. or consumers of mental health services, [or] and two of whom shall be parents or relatives of patients or (former patients] consumers who receive or have received services for [the] mentally ill persons from a provider of such service; § 2. This act shall take effect' immediately.

CHAPTER 371

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

motor carriers

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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 vehicle and traffic law is amended by adding a new ticle 19-B to read as follows:

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ARTICLE 19-B

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SPECIAL REQUIREMENTS FOR COMMERCIAL MOTOR CARRIERS
Section 509-p. Definitions.

509-9. Application for employment.
509-7. Investigations and inquiries.
509-5. Annual review of driving record.
509-t. Record of violations.
509-u. Commercial driver qualification files.
509-0. Investigation of motor carrier files.
509-W. Penalties.
509-x. Exemptions.

509-y. Rules and regulations.
$ 509-p. Definitions. As used in this article, the term:
1. "Commercial motor vehicle" shall mean a motor vehicle or combina-
tion of vehicles having a gross combination weight rating of

than ten thousand pounds used in commerce to transport property; ?: "Gross vehicle weight rating" or "GVWR" shall mean the weight of a vehicle consisting of the unladen weight and the maximum carrying capacity recommended by the manufacturer of such vehicle. The GVWR of a combination of vehicles commonly referred to the gross combination weight rating or GCWR is the GVWR of the power unit plus the GVWR of each vehicle in the combination. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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3. "Commercial driver" shall mean every person who is self-employed or employed by a commercial motor carrier and who drives a commercial motor vehicle for hire or profit.

4. "Cominercial motor carrier" shall mean any person, corporation, or entity, who directs one or more commercial motor vehicles and who operates commercial motor vehicle wholly within or partly within and partly without this state in connection with the operation administration of any business.

§ 509-9. Application for empioyment. A commercial driver not subject to the provisions of article nineteen-A of this chapter or to the provisions of section fourteen-f of the transportation law and hired on and after the effective date of this article shall not operate a motor vehicle unlesssuch driver has furnished the commercial motor carrier that employs the driver with a completed application for employment. Every commercial

motor carrier shall prepare an application for employment which shall comply with rules and regulations of the coinmissioner of transportation.

§ 509-r. Investigations and inquiries. Every commercial motor carrier shall make an investigation and inquiry of each commercial driver

it hires on and after the effective date of this article in accordance with rules and regulations of the commissioner of transportation.

S 509-5. Annual review of driving record. Each commercial motor carrier shall, at least once every twelve months, review the driving record of

each commercial driver it employs to determine whether such driver meets minimum requirements for safe driving or is to be disqualified to drive a commercial motor vehicle in accordance with this chapter or with rules and regulations of the commissioner of transportation.

§ 509-t. Record of violations. Each commercial motor carrier shall, at least every twelve months, require each commercial driver it employs to prepare and furnish it with a record of all violations of motor vehicle traffic laws and ordinances (other than violations involving only parking) of which such driver has been convicted or on account of which the commercial driver has forfeited bond or collateral during the preceding twelve months in accordance with rules and regulations of the commissioner of transportation.

§ 509-4. Commercial driver qualification files. Each commercial motor carrier shall maintain a commercial driver qualification file for each commercial driver it employs in accordance with rules and regulations of the commissioner of transportation; provided, however, that such a file need not include a medical examiner certificate of a commercial driver's physical qualification to drive a commercial motor vehicle.

§ 509-v. Investigation of motor carrier files. The commissioner and the commissioner of transportation shall have the authority to examine or investigate the operation of commercial motor carriers and their compliance with rules and regulations promulgated pursuant to this article and article six of the transportation law.

$ 509-w. Penalties. Upon conviction for a violation of any provision of this article or the rules and regulations of the cominissioner of transportation promulgated

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thereto, the court shall impose a sentence consisting of a fine of not less than two hundred fifty dollars nor more than one thousand dollars.

§ 509-x. Exemptions. The commissioner of transportation shall have the authority, pursuant to rules and regulations, to exempt certain commercial motor carriers or commercial drivers from the provisions of this article in accordance with federal rules and regulations.

§ 509-y. Rules and regulations. The commissioner of transportation, in consultation with the commissioner, is hereby authorized to adopt rules and regulations to implement the provisions of this article which shall be no less protective of public safety than the rules and regulations promulgated by the federal government with respect to the qualifications and disqualifications of drivers.

§ 2. This act shall take effect one hundred eighty days after it shall have become a law.

CHAPTER 372

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

bay scallop season

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 13-0327 of the environmental conservation law is amended to read as follows:

1. Bay scallops ([Pecten] Argopecten irradians) may be taken during the period from the [third] first Monday in [September] October to March 31, both inclusive. Bay scallops shall not be taken on Sundays by use of a dredge or other device operated by power.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.

CHAPTER 373

AN ACT to amend the navigation law, in relation to authority for the

town of Carlton to regulate docks and boathouses

Became a law July 17, 1992, 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. Subdivision 2 of section 46-a of the navigation law, as separately amended by chapters 40 and 131 of the laws of 1991, is amended to read as follows:

(2) The local legislative body of the village of Sodus Point and the town of Huron in the county of Wayne, the villages of Croton-on-Hudson and Mamaroneck and the town of Cortlandt in the county of Westchester, the town of Stony Point in the county of Rockland, the town of Grand Island in the county of Erie, the towns of Conesus, Geneseo, Groveland and Livonia in the county of Livingston, the towns of Irondequoit, Webster, and Penfield in the county of Monroe, the village of Greenwood Lake and the town of Warwick in the county

of Orange, the town of Carlton in the county of Orleans, the village of Sackets Harbor in the county of Jefferson, and the village of Union Springs and the town of Genoa in the county of Cayuga and the village of Saugerties in the county of Ulster may adopt, amend and enforce local laws, rules and regulations not inconsistent with the laws of this state or the United States, with respect to the restriction and regulation of the manner of construction and location of boathouses, moorings

and docks in any Waters within or bounding the respective municipality to a distance of fifteen hundred feet from the shoreline.

$2. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [] is old law CHAPTER 374

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AN ACT amend the abandoned property law, in relation to increasing

the monetary level for reporting individual amounts of abandoned property delivered to the state comptroller 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. Paragraph (a) of subdivision 3 of section 1402 of the abandoned property law is amended to read as follows:

(a) The names and last known addresses of all persons appearing from the records in the comptroller's office to be entitled to receive such abandoned property consisting of money not less than (ten] twenty dollars in amount;

၌ 2. Paragraph (c) of subdivision 3 of section 1402 of the abandoned property law is amended to read as follows:

(c) Where any such abandoned property consisted of personal property other than money and was converted into money pursuant to the provisions of section fourteen hundred three,, and such money amounts to [ten] twenty dollars or more, the names and last known addresses of the per

appearing from the records in the comptroller's office to be entitled to receive the same;

S 3. The abandoned property law is amended by adding a new section 1419 to read as follows:

$ 1419. Reporting of abandoned property in the aggregate: Notwithstanding any provision of this chapter to the contrary, the holder of property which must be reported and delivered to the state comptroller as abandoned property need not specify the name, address other information identifying the owner of any such property amounting to twenty dollars or less in the report provided to the state

comptroller when such property is delivered to the state comptroller, and shall instead report abandoned property in amounts of twenty dollars or less in the aggregate; provided, however, that the foregoing provision shall not be construed to relieve any holder of abandoned property from its responsibility to deliver all abandoned property, in any amount, to the state comptroller.

§ 4. This act shall take effect immediately and shall apply to all records filed with the state comptroller for any abandoned property, or after such effective date.

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CHAPTER 375

AN ACT to amend chapter 719 of the laws of 1982, relating to authorizing

the commissioner of general services to convey certain state lands in the county of Suffolk to the town of Islip, in relation to including the United States of America as an eligible transferee of the certain

land so conveyed and placing restrictions on the land use Became a law July 17, 1992, 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. Section ? of chapter 719 of the laws of 1982, relating to authorizing, the commissioner of general services to convey certain state lands in the county of Suffolk to the town of Islip, is amended to read as follows:

§ 7. Any land and improvements thereon transferred pursuant to this act shall be used only by, or for the purposes of the state, the United States of America and its transferees or assigns, a municipal corpora

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