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with or disruption of the academic progress of any individual student or students in any secondary school within its jurisdiction.

[2.] 3. For the purposes of this chapter a fraternity, sorority, or secret society shall mean any organization composed wholly or in part of pupils enrolled in public secondary schools which exists or seeks to perpetuate itself by taking in additional members from the pupils enrolled in such schools on the decision of the membership rather than upon the free choice of any pupil in such school but shall not be construed to include organizations institutionally sponsored by agencies of public welfare, the Boy Scouts of America, the Girl Scouts of America, the Campfire Girls, Young Men's Christian Association, Young Women's Christian Association, Young Men's Hebrew Association, Young Women's Hebrew Association, Catholic Youth Organization, Kiwanis International, Hi-Y or other similar organizations without limitation to the foregoing. [3.] 4. Upon and after the adoption and promulgation of a rule or regulation in accordance with the provisions of subdivision one of this section by the board of education of any such school district, such board of education may in any secondary school under its jurisdiction discipline any pupil who shall promise to join, or shall become a member of, or shall remain a member of, or shall solicit other persons to join any such fraternity, sorority or secret society.

§ 5. Subdivision 4 of section 3003 of the education law, as added by chapter 544 of the laws of 1988, is amended to read as follows:

4. Notwithstanding any other provision of law, the commissioner shall require that any person applying, on or after January first, nineteen hundred ninety-one, for a superintendent's certificate shall, in addition to all the other requirements, have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment. The coursework or training shall be obtained from an institution or provider which has been approved by the department to provide such coursework or training. The coursework or training shall include information regarding the physical and [behavorial] behavioral indicators of child abuse and maltreatment and the statutory reporting requirements set out in sections four hundred thirteen through four hundred twenty of the social services law, including but not limited to, when and how a report must be made, what other actions the reporter is mandated or authorized to take, the legal protections afforded reporters, and the consequences for failing to report. Each applicant shall provide the department with documentation showing that he or she has completed the required training.

§ 6. Section 3004 of the education law, as amended by chapter 53 of the laws of 1986 and the closing paragraph as added by chapter 544 of the laws of 1988, is amended to read as follows:

§ 3004. Regulations_governing certification of teachers. 1. The commissioner [of education] shall prescribe, subject to approval by the regents, regulations governing the the examination and certification of teachers employed in all public schools of the state, except that no such regulation affecting the examination, certification, license, probationary periods, appointment, and tenure of position of persons employed in the teaching, [examining,] and supervising service in a city having a population of four hundred thousand or more shall be prescribed which may cause the discontinuance of the service of such persons who have satisfactorily completed their probationary periods, or the removal of such persons from their positions in a manner other than that provided by section twenty-five hundred twenty-three of this chapter, but no such regulations established by the commissioner or by any school district, or pursuant to the provisions of [sections] section twentyfive hundred fifty-four, twenty-five hundred sixty-six, twenty-five hundred sixty-nine, twenty-five hundred seventy-three or thirty hundred eight of this chapter or otherwise, shall hereafter prohibit, prevent or disqualify any person, who is otherwise qualified, from competing, participating and registering for such examination or from obtaining a teacher's certificate or from qualifying for a position as a teacher solely by reason of a disability provided such disability does not interfere with such person's ability to perform teaching duties, nor shall person who is otherwise qualified be denied enrollment in any teacher training, which provides for certification as a teacher in school or facility which conducts classes for children with handicapping conditions solely by reason of a disability.

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

2. Notwithstanding any other provision of law, the commissioner shall prescribe regulations requiring that all persons applying on or after January first, nineteen hundred ninety-one, for a certificate or license to be a teacher shall, in addition to all the other certification or licensure requirements, have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment. The coursework or training` shall be obtained from an institution or provider which has been approved by the department to provide such coursework or training. The coursework or training shall include information regarding the physical and [behavorial] behavioral indicators of child abuse and maltreatment and the statutory reporting requirements set out in sections four hundred thirteen through four hundred twenty of the social services law, including but not limited to, when and how a report must be made, what other actions the reporter is mandated or authorized to take, the legal protections afforded reporters, and the consequences for failing to report. Each applicant shall provide the department with documentation showing that he or she has completed the required training.

§ 7. Paragraph (a) of subdivision 1 of section 3012 of the education law, as amended by chapter 442 of the laws of 1980, is amended to read as follows:

(a) Teachers and all other members of the teaching staff of school districts, including common school districts and/or school districts employing fewer than eight teachers, other than city school districts, shall be appointed by the board of education, or the trustees of common school districts, upon the recommendation of the superintendent of schools, for a probationary period of three years, except that in the case of a teacher who has rendered satisfactory service as a regular substitute for a period of two years or as seasonally licensed per session teacher of swimming in day schools who has served in that capacity for a period of two years and has been appointed to teach the same subject in day schools, on an annual salary, the probationary period shall be limited to one year; provided, however, that in the case of a teacher who has been appointed on tenure in another school district within the state, the school district where currently employed, or a board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of section three thousand twenty-a of this chapter, the probationary period shall not exceed two years. The service of a person appointed to any of such positions may be discontinued at any time during such probationary period, on the recommendation of the superintendent of schools, by a majority vote of the board of education or the trustees of a common school district.

§ 8. The education law is amended by adding a new section 3013 to read as follows:

§ 3013. Abolition of office or position. 1. If a trustee, board of trustees, board of education or board of cooperative educational services abolishes an office or position and creates another office or position for the performance of duties similar to those performed in the office or position abolished, the person filling such office or position at the time of its abolishment shall be appointed to the office or position thus created without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or position he or she has filled.

2. Whenever a trustee, board of trustee*, board of education or board of cooperative educational services abolishes a position under this chapter, the services of the teacher having the least seniority in the system within the tenure of the position abolished shall be discontinued.

3. (a) If an office or position is abolished or if it is consolidated with another position without creating a new position, the person filling such position at the time of its abolishment or consolidation shall be placed upon a preferred eligible list of candidates for appointment to a vacancy that then exists or that may thereafter occur in an office or position similar to the one which such person filled without reduction in salary or increment, provided the record of such person has been one of faithful, competent service in the office or position he or she has filled. The persons on such preferred list shall be reinstated or appointed to such vacancies in such corresponding or similar positions in the order of their length of service in the system at any time within * So in original. ("trustee" should be "trustees".)

seven years from the date of abolition or consolidation of such office or position.

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(b) The persons on such preferred list shall be reinstated, in accordance with the terms of paragraph (a) of this subdivision, to such stitute positions of five months or more in duration, as may from time to time occur without losing their preferred status on such list. Declination of such reinstatement shall not adversely affect the persons' preferred eligibility status.

§ 9. Paragraph e of subdivision 2 of section 3213 of the education law, as added by chapter 843 of the laws of 1980 and as relettered by chapter 617 of the laws of 1985, is amended to read as follows:

e. To the extent that supervisors of [attendence] attendance, [attendence] attendance teachers and [attendence] attendance officers act pursuant to [subdivisions one and two] this subdivision and subdivision one of this section for the purpose of carrying out the provisions of part one of this article, they shall be deemed to have acted within the scope of their employment. Such personnel shall continue to have all the powers, duties and responsibilities conferred on them by law prior to the date on which the provisions of this paragraph become effective.

§ 10. This act shall take effect immediately provided that the amendment to section 3004 of the education law made by section six of this act shall not affect the expiration of certain provisions contained therein as enacted by chapter 53 ̊ of the laws of 1986, as amended.

CHAPTER 738

AN ACT to amend the social services law, in relation to personal needs allowances for veterans

Became a law July 31, 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. Subparagraph 10 of paragraph (a) of subdivision 2 of section 366 of the social services law is amended by adding a new clause (iii) to read as follows:

(iii) Notwithstanding the provisions of clauses (i) and (ii) of this subparagraph, the personal needs allowance for a person who is a veteran having neither a spouse nor a child, who receives a reduced pension from the federal veterans administration, and who is a resident of a nursing facility as defined in section 1919 of the federal social security act, shall be equal to such reduced monthly pension but shall not exceed ninety dollars per month.

§ 2. This act shall take effect immediately.

The

CHAPTER 739

AN ACT to amend the lien law, in relation to certain notices of federal liens

Became a law July 31, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1. Subdivision 2 of section 240 of the lien law, as amended by chapter 561 of the laws of 1990, is amended to read as follows:

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

2. Notices of federal liens upon tangible or intangible personal property and certificates and notices affecting such liens shall be filed as follows:

(a) If the person against whose interest the lien applies is a corporation or a partnership, as defined in the internal revenue laws of the United States, in the office of the secretary of state;

(b) In all other cases, in the office of the clerk of the county where the lienee, if a resident of the state, resides at the time of filing of the notice of lien, except that if such lienee resides at such time in the county of Kings, the county of Queens, the county of New York or the county of Bronx, the place for filing such liens shall be in the office of the city register of the city of New York in such county. [When there is more than one lienee, against whose interest the lien applies a notice of lien shall be filed pursuant to this subdivision for each such lienee. ] If a notice of lien was filed in the office of a town or city clerk outside the city of New York, prior to July third, nineteen hundred sixty-six, any certificate or notice affecting such lien shall, prior to September first, nineteen hundred sixty-eight, or if the documents referred to in subdivision three of section two hundred forty-one hereof are delivered pursuant to such subsection before September first, nineteen hundred sixty-eight, then prior to the date of such delivery, be filed in such office. On and after September first, nineteen hundred sixty-eight or such earlier date, as the case may be, such certificates or notices shall be filed in the office of the clerk of the county within which the town or city clerk's office, where the notice of lien was originally filed, is located.

ૐ 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on or after January 1, 1991.

CHAPTER 740

AN ACT to amend the public authorities law, in relation to the water authority of Western Nassau county

Became a law July 31, 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 1198-d of the public authorities law, as amended by chapter 96 of the laws of 1991, is amended to read as follows:

1. A corporation known as "water authority of Western Nassau county" is hereby created for the purposes and charged with the duties and having the powers provided in this title. The authority shall be a corporate governmental agency constituting a public benefit corporation and shall Бе a "public district" for the purposes of section eighty-nine-1 of the public service law. The authority shall be governed by a board of directors consisting of [five] nine members, [four] two of whom shall be appointed by the town board of the town of Hempstead and one of whom shall be appointed by the town board of the town of North Hempstead in the same manner as officers and employees are appointed pursuant to paragraph a of subdivision one of section_twenty of the town law. The village boards of the villages of Bellrose, Floral Park, Garden City, New Hyde Park South Floral Park and Stewart Manor shall each appoint one member in the same manner as officers are appointed pursuant to subdivision three of section 3-301 of the village law. Each member shall serve for a period of two years. Members shall receive no compensation for their services but shall be entitled to reimbursement of their necessary expenses, including traveling expenses, incurred in the discharge of their duties. Nothing herein shall be construed as preventing a chief executive officer of a town from being appointed as a member of the board of directors.

§ 2. Subdivisions 3, 4, 7, 8 and 11 of section 1198-d of the public authorities law, as added by chapter 868 of the laws of 1990, are amended to read as follows:

3. No action shall be taken by the authority except pursuant to the favorable vote of [three members] not less than fifty-one percent of the total authorized voting strength of the board of directors. The total authorized voting strength of the board of directors shall be equal to 100.0.

(a) The number of weighted votes possessed by each member of the board of directors shall be determined in accordance with paragraphs (c), (d) and (e) of this subdivision.

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action shall be taken by the authority except pursuant to the favorable vote of at least: (i) fifty-one percent of the total authorized voting strength of the board of directors; and (ii) five members of the board of directors.

(c) The vote of each member shall be equal to one hundred multiplied by a fraction, the numerator of which shall be equal to the number of customers to whom water is supplied by the authority or any other public water supplier in the municipality from which such member was appointed and the denominator of which shall be equal to the number of customers to whom water is supplied by the authority or any other public water supplier in all of the municipalities within the district. Provided, however, in the case of the two members appointed by the town board of the town of Hempstead, the vote of each member shall be equal to fifty multiplied by such fraction.

(d) Based upon the water supplied to the municipalities within the district in the year nineteen hundred ninety-two, the voting shall be weighted as follows:

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(e) Commencing on the first day of April, nineteen hundred ninetythree and every four years thereafter, the authorized number of votes of each member shall be adjusted in accordance with the formula set forth in paragraph (c) of this subdivision to reflect the total number of customers to whom water is supplied by the authority or any other public water supplier in each municipality within the district during the two calendar years immediately preceding the date on which the adjustment is

being made.

(f) Any person serving on the board of directors as of April first, nineteen hundred ninety-two may be appointed to represent any municipality pursuant to the provisions of subdivision one of this section. Provided, however, that the two-year term of such person shall be considered to have started on the date of his or her original appointment and will expire two years from the date of such appointment.

4. The powers of the authority shall be vested in and shall be exercised by the board of directors at a meeting duly called and held. [Three] Six members of the board of directors, who together are authorized to cast a majority of the weighted vote, shall constitute a quorum. The board of directors may delegate to one or more of its members, or to one or more of the officers, agents or employees of the authority, such powers and duties as it may deem proper.

7. The authority and its corporate existence shall continue until terminated by law or terminated pursuant to an affirmative vote of [all five] at least six members of the board of directors, who together are authorized to cast at least ninety-five votes, to retain the water supply system within the district which is in existence as of the effective date of this title; provided, however, that no such law or vote shall take effect so long as the agency shall have bonds or other obligations outstanding unless adequate provision has been made for the payment or EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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