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liable for failure to provide transportation pursuant to this section.
The determination that a hazardous zone exists or that a child safety
zone has been established, and the petitions, investigatory materials
and decision making documents created or reviewed in making such deter-
mination, shall not be admissible as evidence or used in civil litiga-
tion or any suit or action for damages, nor shall any school board mem-
bers, school board trustee, school employee, governmental official
any other individual be compelled or permitted, whether by subpoena or
other process, to testify in any such civil litigation regarding such
determination: A school board member [or), trustee, school officer or
employee shall have immunity from any civil or criminal liability that
might otherwise be incurred or imposed as a result of the provisions of
this section provided that such person shall have acted in good faith.
For the purpose of any proceeding, civil or criminal, the good faith of
any such person shall be presumed. '[Nothing in this section shall be
deemed or construed to grant immunity, from civil or criminal liability
on the basis of an intentional act which directly results in the physi-
cal injury of a child being transported by the school district.

10. A board of education or board of trustees shall be subject to the provisions of this section upon the adoption of a resolution for the appropriate school year invoking the powers authorized by this section. The resolution shall specify, the basis on which determinations of hazardous zones and the establishment of child safety_zones, if any, are made as provided in subdivision four of this section. ]

§ 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on May 1, 1992; provided, however, that section 3635-b of the education law as amended by section one of this act shall expire and be deemed to be repealed pursuant to section 6 of chapter 69 of the laws of 1992.

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CHAPTER 404

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AN ACT to amend the domestic relations law, in relation to authorizing

county executives to solemnize marriages
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 Assen-
bly, do enact as follows:

Section 1. Subdivision 2 of section 11 of the domestic relations law, as amended by chapter 88 of the laws of 1978,

is amended

to

read follows:

2. A mayor of a village, a county executive of a county, or a mayor, recorder, city magistrate, police justice police magistrate of a city, or the city clerk of a city of the first class of over one million inhabitants or any of his deputies or not more than four regular clerks, designated by him for such purpose as provided in section eleven-a of this chapter, except that in cities which contain more than one hundred thousand and less than

million inhabitants, a marriage shall be solemnized by the mayor, or police justice, and by no other officer of such city, except provided in subdivisions one and three of this section.

5 2. Subdivision 5 of section 11 of the domestic relations law, as separately amended by chapters 277 and 283 of the laws of 1987, is amended to read as follows:

Notwithstanding any other provision of this article, where either or both of the parties is under the age of eighteen years marriage shall be solemnized only by those authorized in subdivision one of this section or by (1) the mayor of a city or village, or county executive of a county, or by (2) a judge of the federal circuit court of appeals for the second circuit, a judge of a federal district court for the northern, southern, eastern or western district of New York, a judge of the United States court of international trade, or a justice or å judge of a

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court of the unified court

system, or by (3) a housing judge of the civil court of the city of New York, or by. (4) the clerk of city of the first class of over one million inhabitants or any of his deputies designated by him for such purposes as provided in section eleven-a of this chapter.

§ 3. This act shall take effect immediately.

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CHAPTER 405

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AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to mixed meeting licenses and taxes for the privilege of con-
ducting pari-mutuel betting
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 Assen-
bly, do enact as follows:
Section 1. The opening paragraph of section 207 of the racing, pari-
mutuel wagering and breeding law, as amended by chapter 524 of the laws
of 1991, is amended to read as follows:

Any corporation or association desiring to obtain the benefits of the provisions of section two hundred four of this chapter, if proposing to conduct a

race meeting for running races or steeplechases, may annually apply to the state racing and wagering board for license to conduct running, races and race meetings or steeplechases and steeplechase meetings, as the case may be. In addition

the

board is authorized to grant a'"mixed meeting" license to a track in the Catskill region to conduct up to six thoroughbred races per racing program conjunction with at least three quarter horse races within such program conducted pursuant to a license granted for such purposes pursuant to article four of this chapter, all such thoroughbred races to be completed prior to eight o'clock post meridian. In order to qualify initially for such mixed meeting' license, the licensee_must apply there for prior to June first, nineteen hundred (ninety-two] ninety-three. To qualify for such license thereafter, the licensee must have conducted at least one hundred such programs during the prior license year. If, in the judgment of such board the public interest, convenience or necessity will be served thereby and a proper.

case for the issuance of such license is shown consistent with the purposes of this article and the best interest of racing generally, it may grant such license, for a term within the calendar year, which shall specify the dates and period of time during which, and the place where, the licensee may operate. The fee for such license shall be one hundred dollars for each racing day payable upon issuance of license. In considering an application for a license under this section, the state racing and wagering board may give consideration to the number of licenses already granted and to the location of the tracks previously licensed. Every such license shall contain & condition that all running races, or race meetings conducted thereunder shall be subject to such reasonable rules and regulations from time to time prescribed by the board, designated the

"rules of racing". before promulgating such rules of racing or modifying or abrogating any of them, the board shall give the jockey club, a corporation organized under the laws of the state of New York, an opportunity to submit recombendations relative to such rules for running races and race meetings, and to the national steeplechase and hunt association, a corporation orBanized under the laws of the state of New York, an opportunity to submit recommendations relative to such rules for steeplechases and steeplechase meetings, and the board may adopt, to the extent that it deems appropriate, any rules so submitted by either of such corporations or by any other nationally recognized association or corporation which has for its purpose the improvement of the breed. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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5 2. Subdivision 2-a of section 228 of the racing, pari-mutuel wagering and breeding law, as amended by chapter 524 of the laws of 1991, is amended to read as follows:

2-a. Notwithstanding any other provision of this section to the contrary and until January first, nineteen hundred (ninety-three) ninetyfive, a racing association or corporation first licensed to conduct pari-mutuel racing after January first, nineteen hundred eighty-six, shall pay to

the commissioner of taxation and finance as a reasonable tax by the state for the privilege of conducting pari-mutuel betting the races run at the race meeting held by such corporation or association, which tax is hereby levied, one per centum of the total pools resulting from wagers on-track on such races, plus fifty-five per centum of the breaks. Such racing association or corporation shall retain additional two per centum from total pools on such on-track wagers to be shared equally, with the horsemen engaged in races run at such race meeting; the track's share thereof to be used for capital improvements pursuant to section two hundred twenty-eight-a of this article, which section shall be deemed

to have been elected by such corporation or association.

§ 3. This act shall take effect immediately.

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CHAPTER 406

AN ACT to amend the multiple residence law and the multiple dwelling

law, in relation to application of certificate of occupancy 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 302 of the multiple residence law is amended by adding a new subdivision 6 to read as follows:

6. Notwithstanding any general or local law to the contrary, a certificate issued for any multiple dwelling organized pursuant to the provisions of article nine-B of the real property law, shall be deemed issued for each dwelling unit contained within such multiple dwelling

in

full compliance with the requirements of this section.

§ 2. Section 301 of the multiple dwelling law is amended by adding a new subdivision 6 to read as follows:

6. Notwithstanding any general or local law to the contrary, a certificate issued for any multiple dwelling organized pursuant to the prović, sions of article nine-B of the real property law, shall be deemed 'issued for each dwelling, unit contained within such multiple dwelling in full compliance with the requirements of this section.

$ 3. This act shall take effect immediately and shall apply to all certificates of occupancy issued prior to and after such date.

CHAPTER 407

AN ACT to amend the social services law, in relation to the amount of mandatory minimum state supplementation for couples living alone 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 210 of the social services law, as amended by a chapter of the laws of 1992 amending the social services

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law relating to increasing certain social services payments as proposed
in legislative bill number A. 10985, is amended to read as follows:

1. Any inconsistent provisions of this title any other law
notwithstanding, but subject to the provisions of subdivisions two and
three of this section, an individual who is deemed to have met the eli-
gibility criteria for additional state payments pursuant to paragraph
(C) of subdivision one of section two hundred nine of this title, shall
be entitled to receive for each month after December, nineteen hundred
seventy-three an additional state payment in an amount which, when added
to the supplemental security income benefit and other countable income,
is equal" to such individual's December, nineteen hundred seventy-three
cash grant of assistance under the state's program of old age
sistance, assistance to the blind, aid to the disabled or the combined
program of aid to aged, blind and disabled persons, plus income not
cluded under such state program, plus an amount equal to the January,
nineteen hundred seventy-two bonus value of food stamps as determined in
accordance with the regulations of the department plus, for any month
after June, nineteen hundred seventy-five, an amount reflecting the fed-
eral supplemental security increases resulting from July first, nineteen
hundred seventy-five cost of living increases in such benefits, plus for
any month after June, nineteen hundred eighty-two, an amount equal to
the July first, nineteen hundred eighty-two federal supplemental secu-
rity income cost of living adjustment, providing such individual was
eligible to receive a mandatory state supplement for the month of Decem-
ber, nineteen hundred eighty-one,

plus for any, month after June, nineteen hundred eighty-three, an amount equal to $17.70 for individuals, $26.55 for couples who are living alone or living with others and $35.40 for couples receiving family care, residential care

in schools for the mentally retarded, plus for any month after December, nineteen hundred eighty-three, an amount equal to $9.70 for individuals, $15.60 for couples who are living alone or living with others and $19.40 for couples receiving family care, residential care or care

in schools for the mentally retarded, plus for any month after December, nineteen hundred eighty-four, an amount equal to $11.00 for individuals, $16.00 for couples who are living alone or living with others and $22.00 for couples receiving family care, residential care or care in schools for the mentally retarded, plus for any month after December, nineteen hundred eighty-five, an amount equal to $11.00 for individuals, $16.00 couples who are

living alone living with others and $22.00 for couples receiving family care, residential care or care in schools for the mentally retarded, plus for any month after December, nineteen hundred eighty-six an amount equal to $4.00 for individuals,

$6.00 for couples who are living alone or living with others and $8.00 for couples receiving family care, residential care or care in schools for the tally retarded, plus for any

month after December, nineteen hundred eighty-seven an amount equal to $14.00 for individuals, $22.00 couples who are

living alone or living with others and $28.00 for couples receiving family care, residential care or care in schools for the mentally retarded, plus for any month after December, nineteen hundred eighty-eight an amount equal to $14.00 for individuals, $21.00 for couples who are living alone living with others and $28.00 for couples receiving family care, residential care or care in schools for the mentally retarded, plus for any other month after December, nineteen hundred eighty-nine an amount equal to $18.00 for individuals, $27.00 for couples who are living alone or living with others and $36.00 for couples receiving family care, residential care or care in schools the mentally retarded, plus for any month after December, nineteen hundred ninety an amount 'equal to $21.00 for individuals, $31.00 for couples who are living alone living with others and $42.00 for couples receiving family care, residential care or care in schools for the mentally retarded, plus for any month after December, nineteen hundred ninety-one an amount equal to $15.00 for individuals, [$22. 00) $23.00 for couples who are living alone or living with others and $30.00 for couples receiving family care, residential care or care in schools for the mentally retarded, plus for any month after December, nineteen hundred ninety-two: (a) in the case of individuals and in the case of couples not receiving family care, residential care or care in schools for the mentally retarded, an amount equal to the amount of any increases in federal supplemental security income benefits for individuals EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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or couples which become effective on or after January first, nineteen hundred ninety-three but prior to June thirtieth, nineteen hundred ninety-three and (b) in the case of couples receiving family care, residential care care in schools for the mentally retarded, twice the amount of any increases in federal supplemental security income benefits for individuals which become effective

after January first, nineteen hundred ninety-three, but prior to June thirtieth, nineteen hundred ninety-three.

$ 2. This act shall take effect on the same date as a chapter of the laws of 1992 amending the social services law relating to increasing certain social services payments as proposed in legislative bill number A. 10985 takes effect.

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CHAPTER 408

AN ACT to amend the social services law, in relation to authorizing a

demonstration program for certain employable recipients of home relief using grant diversion 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 social services law is amended by adding a new section 336-h to read as follows:

§ 336-h. Employment alternatives partnership program. 1. The department shall establish an employment alternatives partnership program for certain public assistance recipients. Notwithstanding any other provision of law, except as otherwise provided in this section, the commissioner shall authorize social services districts to conduct programs through written agreements with private employers, including non-profit agencies or institutions, to demonstrate the feasibility and effectiveness of affording employment as an alternative to the granting of public assistance to certain recipients of home relief.

2. A person participating in a program operated pursuant to this section shall be hired by a participating employer for a job of at least twenty hours per week for which he or she is qualified. The salary shall be the prevailing wage paid to the employer's regular employees for comparable work but shall be at least the higher of the state minimum wage or a net wage which equals or exceeds the amount such person would have been entitled to receive as a recipient of home relief. Such net wage shall be calculated by deducting from gross wages all federal income taxes,

federal employment taxes, state income taxes, employee paid health insurance premiums, local income taxes and union dues. Participation in such programs shall be limited to persons who, for a period of at least six months, have been employable, job ready recipients of home relief but have not secured employment and who are not participating in an employment training program.

3. The following requirements shall apply to programs operated pursuant to this section:

(a) (1) Conditions of employment and training, including such factors as the type of work to be performed, the geographical location of the job,

and the qualifications of a participant, shall be appropriate and reasonable.

(2) A participant employed in any such program shall be deemed an employee for purposes of any applicable collective bargaining agreement and labor laws and shall receive the same benefits and protections as a similarly situated employee (working a similar length of time and performing similar work), pursuant to the provisions of law, any applicable collective bargaining agreement or as otherwise made available to the employees of the employer.

(b) (1) No employee of the participating employer shall be displaced by any participant in this program. For the purposes of this subdivision, the term displacement shall include partial displacement, such as a reduction in the customary hours of work (including overtime), wages, or employment benefits.

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