jurisdiction upon the owner of a motor vehicle by affixing such notice to said vehicle in a conspicuous place. § 4. This act shall take effect on the forty-fifth day after it shall have become a law except that the provisions of section one shall take effect on January 1, 1993. CHAPTER 420 AN ACT to amend the vehicle and traffic law, in relation to fines imposed for driving while intoxicated violations Became a law July 17, 1992, 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. Paragraphs (a), (b) and (c) of subdivision 1 of section 1193 of the vehicle and traffic law, paragraph (a) as amended by chapter 664 of the laws of 1988, paragraph (b) as amended by chapter 406 of the laws of 1988 and paragraph (c) as amended by chapter 294 of the laws of 1988, are amended to read as follows: dol (a) Driving while ability impaired. A violation of subdivision one of section eleven hundred ninety-two of this article shall be a traffic infraction and shall be punishable by a fine of not less than [two] three hundred [fifty] dollars nor more than [three] five hundred [fifty] lars or by imprisonment in a penitentiary or county jail for not more than fifteen days, or by both such fine and imprisonment. A person who operates a vehicle in violation of such subdivision after having been convicted of a violation of any subdivision of section eleven hundred ninety-two of this article within the preceding five years shall be punished by a fine of not less than [three] five hundred [fifty] dollars nor more than [five] seven hundred fifty dollars, or by imprisonment of not more than thirty days in a penitentiary or county jail or by both such fine and imprisonment. A person who operates a vehicle in violation of such subdivision after having been convicted two or more times of a violation of any subdivision of section eleven hundred ninety-two of this article within the preceding ten years shall be punished by a fine of not less than [five] seven hundred fifty dollars nor more than fifteen hundred dollars, or by imprisonment of not more than ninety days in a penitentiary or county jail or by both such fine and imprisonment. (b) Driving while intoxicated or while ability impaired by drugs; misdemeanor offenses. A violation of subdivision two, three or four of section eleven hundred ninety-two of this article shall be a misdemeanor and shall be punishable by a fine of not less than [three] five hundred [fifty] dollars nor more than [five hundred] one thousand dollars, or by imprisonment in a penitentiary or county jail for not more than one year, or by both such fine and imprisonment. (c) Felony offenses. A person who operates a vehicle in violation of subdivision two, three or four of section eleven hundred ninety-two of this article after having been convicted of a violation of subdivision two, three or four of such section or of vehicular assault in the second or first degree, as defined, respectively, in sections 120.03 and 120.04 of the penal law or of vehicular manslaughter in the second or first degree, as defined, respectively, in sections 125. 12 and 125. 13 of such law, within the preceding ten years, shall be guilty of a class E felony, and shall be punished by a fine of not less than [five hundred] one thousand dollars nor more than five thousand dollars or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment. 2. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 421 AN ACT to amend the penal law, in relation to the disposal of Became a law July 17, 1992, 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. Paragraph (a) of subdivision 4 of section 450. 10 of the penal law, as added by chapter 795 of the laws of 1984, is amended to read as follows: (a) Except as provided in [paragraph] paragraphs (b) and (c) of this subdivision and in subdivision eleven of this section, when a request is made for the release of property described in subdivision one of this section, and the property shall consist of perishables, fungible retail items, motor vehicles or any other property release of which is neces sary for either the operation of a business or the health or welfare of any person, the property shall be retained until either the expiration of a forty-eight hour period from the receipt by the defendant's counsel of the notice of the request, or the examination, testing and photocopying, photographing or other reproduction of such property, by the parties whichever event occurs first. The forty-eight hour period may be extended by up to twenty-four additional hours by agreement between parties. For the purposes of this section, perishables shall mean any property likely to spoil or decay or diminish significantly in value within twenty days of the initial retention of the property. the § 2. Subdivision 4 of section 450. 10 of the penal law is amended by adding a new paragraph (c) to read as follows: (c) A motor vehicle alleged to have been stolen but not alleged to have been used in connection with any crime or criminal transaction other than the theft or unlawful use of said motor vehicle, which is in the custody of a police officer, a peace officer or a district attorney, may be released expeditiously to its registered owner or the owner's representative without prior notice to the defendant. Before such release, evidentiary photographs shall be taken of such motor vehicle. Such photographs shall include the vehicle identification number, registration on windshield, license plates, each side of the vehicle, including vent windows, door locks and handles, the front and back of the vehicle, the interior of the vehicle, including ignition lock, seat to floor clearance, center console, radio receptacle and dashboard area, the motor, and any other interior or exterior surfaces showing any and all damage to the vehicle. Notice of such release, and the photographs taken of said vehicle, shall be furnished to the defendant within fifteen days after arraignment or after counsel initially appears on behalf of the defendant or respondent, whichever occurs later. § 3. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 422 AN ACT to amend the domestic relations law, in relation to expenses for expert services Became a law July 17, 1992, 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 (d) of section 237 of the domestic relations law, as amended by chapter 149 of the laws of 1986, is amended to read as follows: (d) The term "expenses" as used in subdivisions (a) and (b) of this section shall include, but shall not be limited to, accountant fees, ap praisal fees, actuarial fees, investigative fees and other fees and expenses that the court may determine to be necessary to enable a spouse to carry on or defend an action or proceeding under this section. In determining the appropriateness and necessity of fees, the court shall consider: 1. The nature of the marital property involved; 2. The difficulties involved, if any, in identifying and evaluating the marital property; 3. The services rendered and an estimate of the time involved; and 4. The applicant's financial status. § 2. This act shall take effect immediately. CHAPTER 423 AN ACT to amend the New York city civil court act, in relation to the advisory council for the housing part Became a law July 17, 1992, 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 (g) of section 110 of the New York city civil court act, as added by chapter 982 of the laws of 1972, is amended to read as follows: (g) The advisory council for the housing part shall be composed of two members representative of each of the following: the real estate industry, tenants' organizations, civic groups and bar associations and four members from the public at large. Such members shall be appointed by the administrative judge, with the approval of the presiding justices of the first and second departments of the appellate division. The members of the advisory council shall be appointed for [renewable] non-renewable terms of three years [provided that one of the initial members of each classification of membership shall serve for two years]. In addition the mayor of the city of New York shall appoint one member to serve at his pleasure and the commissioner of housing and community renewal shall be a member. § 2. This act shall take effect immediately, and shall apply to all appointments made on or after such effective date. CHAPTER 424 AN ACT to amend the environmental conservation law, in relation to the use of a cross-bow by physically handicapped persons Became a law July 17, 1992, 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 11-0901 of the environmental conservation law is amended by adding a new subdivision 16 to read as follows: 16. Notwithstanding any inconsistent provision of this section, the department may issue to a physically disabled person a permit to take big game or small game by the use of a cross-bow equipped with an apparatus permitting release of the bowstring by means of such person's discharge of breath. For the purposes of this subdivision, "physically EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law disabled person" shall mean any person who submits to the department a statement of a physician duly licensed to practice medicine in this state that such person is permanently physically incapable of arm movement sufficient to release a pre-drawn bow authorized under subdivision fifteen of this section. § 2. This act shall take effect immediately. CHAPTER 425 AN ACT authorizing the county of Madison to convey certain lands to Madison Hall Association, Inc. for use for recreation community cultural and social center purposes as a 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. Legislative findings. The legislature hereby finds and declares that the structure known as Madison Hall, which is located in the village of Morrisville in the county of Madison, and which served as the Madison county court house until it was transferred in 1909 to the state of New York for use in connection with the newly-established New York State School of Agriculture, is a rare surviving example of mid-19th century public building architecture that, having been unused since 1975, has fallen into disrepair. The legislature further finds that Madison Hall was transferred to the county of Madison by the office of general services for recreation purposes pursuant to section 34 of the public lands law with the understanding that such recreation purposes shall include its rehabilitation for use as a community cultural and social center. The office of parks recreation and historic preservation has awarded an environmental quality bond act grant for the preservation of Madison Hall to Madison Hall Association, Inc. a not-for-profit corporation incorporated under the laws of the state of New York. , It is therefore the intent of the legislature to authorize the county of Madison to sell the lands described in this act to Madison Hall Association, Inc. for the preservation and use of Madison Hall for recreation purposes as a community cultural and social center. § 2. The county of Madison is hereby authorized to convey the lands described in section three of this act to Madison Hall Association, Inc., a not-for-profit corporation established under the laws of the state of New York, for use for recreation purposes as a community cultural and social center, upon such terms and conditions as the county legislature of such county of Madison shall determine to be proper and in the best interest of such county. § 3. The lands referred to in section two of this act are located, bounded and described as follows: All that parcel of land situate in the Village of Morrisville, County of Madison and State of New York bounded and described as follows: Commencing at a point at the intersection of U. S. Highway Route 20 on the North and the property line of now or formerly of the First Society of the Methodist Episcopal Church of Morrisville on the West and the lands of the People of the State of New York on the East; thence South 59° 56′ 20′′ E 157 feet, more or less, to the point of beginning, said point of beginning, being one foot from the corner of Madison Hall; thence running one foot around and parallel to said Madison Hall in the following courses and distances: South 04° 03′ 40′′ West, 93. 18 feet to a point; thence North 85° 56′ 20′′ West, 5.20 feet to a point; thence South 04° 03′ 40′′ West, 5.00 feet to a point; thence South 85° 56′ 20" East, 14.95 feet to a point; thence South 04° 03′ 40′′ West, 3.00 feet to a point; thence South 85° 56′ 20′′ East, 29.40 feet to a point; thence North 04° 03′ 40′′ East, 2.60 feet to a point; thence South 85° 56′ 20′′ East, 7.20 feet to a point; thence North 04° 03′ 40′′ East, 98.70 feet to a point; thence North 85° 56' 20" West, 46.35 feet to the point of beginning, containing 4671 square feet, more or less, or 0.107 acre. Being a part of lot No. 24 in the Town of Eaton and a portion of the land acquired by the State of New York from the County of Madison by deed recorded in the Madison County Clerk's Office in Liber 228 of Deeds, Page 448. § 4. This act shall take effect immediately. CHAPTER 426 AN ACT to amend the real property actions and proceedings law, in relation to providing the department of social services with notice of petition of a summary proceeding to recover possession of real property within certain counties Became a law July 17, 1992, 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 real property actions and proceedings law is amended by adding a new section 734 to read as follows: § 734. Notice of petition; service on the Westchester county department of social services. In the county of Westchester, if the local legislative body has, by local law, opted to require such notice, service of a copy of the notice of petition and petition in any proceeding commenced against a residential tenant in accordance with the provisions of this article shall be served upon the county commissioner of social services. Such service shall be made by certified mail, return receipt requested, directed to an address set forth in the local law, or pursuant to the provisions of the civil practice law and rules. Such service shall be made at least five days before the return date set in the notice of petition. Proof of such service shall be filed with the court. Failure to serve the commissioner shall not be a jurisdictional defect, and shall not be a defense to a proceeding brought pursuant to the provisions of this article. § 2. This act shall take effect on the thirtieth day after it shall have become a law. CHAPTER 427 public AN ACT to amend the parks, recreation and historic preservation law and Became a law July 17, 1992, 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. Paragraph Paragraph (e) of subdivision 1 of section 25. 24 of the parks, recreation and historic preservation law, as added by chapter 400 of the laws of 1973, is amended to read as follows: (e) (1) No person shall operate a snowmobile upon public trails or lands while his ability to operate such vehicle is impaired by the consumption of alcohol. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |