CHAPTER 319 AN ACT to amend the family court act, in relation to certain records Became a law July 11, 1985, 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 four of section 320.5 of the family court act as added by chapter nine hundred twenty of the laws of nineteen hundred eighty-two, is amended to read as follows: 4. At the initial appearance the presentment agency may introduce the respondent's previous delinquency findings entered by a family court. If the respondent has been fingerprinted for the current charge pursuant to section 306. 1, the presentment agency may also introduce the fingerprint records maintained by the division of criminal justice services. The clerk of court and the probation service shall cooperate with the presentment agency in making available the appropriate records. At the conclusion of the initial appearance such fingerprint records shall be returned to the presentment agency and shall not be made a part of the court record. § 2. This act shall take effect immediately. CHAPTER 320 and to AN ACT to amend the civil service law, in relation to the employment of Became a law July 11, 1985, 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 thirteen of section fifty-two of the civil service law, as amended by chapter five hundred fifty-nine of the laws of nineteen hundred eighty-three, is amended to read as follows: 13. Notwithstanding any other provision of law, a municipal commission may, for titles designated by it, extend to employees in the service of a civil division who are holding or who have held a position in the noncompetitive class of such services pursuant to the provisions of [sections] section fifty-five-a [and fifty-five-b] of this chapter, the same opportunity as employees in the competitive class to take promotion examinations. § 2. Section fifty-five-a of such law is repealed. § 3. Section fifty-five-b of such law, as amended by chapter six hundred sixty-seven of the laws of nineteen hundred eighty-three, is amended to read as follows: be [55-b] 55-a. Employment of [physically handicapped] persons with disabilities by municipalities. 1. Municipal civil service commissions in the state may, by rule, determine a prescribed number of positions, not to exceed [two] seven hundred positions, with duties which can performed by physically [handicapped] or mentally disabled persons who are found qualified, in the manner hereafter prescribed, to perform satisfactorily such duties. 2. Upon such a determination, such positions shall be classified in the non-competitive class, and shall be filled by persons who shall have been certified by either the commission for the blind and visually handicapped in the state department of social services as physically disabled by blindness or by the state education department as otherwise physically or mentally disabled and, in any event, qualified to perform satisfactorily the duties of any such position. At least three hundred of such positions shall be filled by persons who have been certified as physically disabled. If no qualified physically disabled persons have applied for such positions, the municipal civil service commission may fill those unfilled positions with qualified mentally disabled persons. 3. Prior to making certification of physically [handicapped] or mentally disabled persons for any such position, the commission for the blind and visually handicapped in the case of persons physically disabled by blindness or the state education department in the case of persons otherwise physically [handicapped] or mentally disabled shall obtain from the appropriate municipal civil service commission a detailed description of all duties of the position, and shall investigate the extent of the [handicap] disability by examination of any such person or otherwise, and shall determine and report its findings to the appropriate civil service commission, as to the ability of the [handicapped] disabled person to perform the duties of such position. Such findings shall be given due consideration by the municipal civil service commission. § 4. This act shall take effect immediately. CHAPTER 321 AN ACT to amend the domestic relations law, in relation to permitting solemnization of marriages by certain federal judges Became a law July 11, 1985, 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 three of section eleven of the domestic relations law, as amended by chapter four hundred eighty-four of the laws of nineteen hundred eighty-three, is amended to read as follows: 3. 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 or a justice or judge of a court of record, or of a municipal court, a village, town or city justice or a county clerk of a county wholly within cities having a population of one million or more; except that in cities which contain more than two hundred fifty thousand and less than one million inhabitants, city justices shall have no power to solemnize marriages; or, § 2. Subdivision five of section eleven of such law, as amended by chapter one hundred forty-nine of the laws of nineteen hundred eightyone, is amended to read as follows: 5. Notwithstanding any other provision of this article, where either or both of the parties is under the age of eighteen years a 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 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 or a justice or a judge of a court of record, or by (3) a judge or justice of any city, town or village court, or by (4) a judge of [the] a district court of a county or portion thereof or, (5) by the clerk of a 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. Subdivision six of section eleven of such law, as amended by chapter six hundred fifteen of the laws of nineteen hundred seventyeight, is amended to read as follows: 6. Notwithstanding any other provisions of this article to the contrary no marriage shall be solemnized by a public officer specified in this section, other than a judge of a federal district court for the northern, southern, eastern or western district of New York or a justice of the supreme court of this State, outside the territorial jurisdiction in which he was elected or appointed. Such a public officer, however, EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law elected or appointed within the city of New York may solemnize a marriage anywhere within such city, a judge elected or appointed to a district court of a county or portion thereof or to a city court may solemnize a marriage within the county, and a city, town or village justice, when otherwise authorized, may solemnize a marriage anywhere within the territorial limits of the county or counties in which the city, town village in which he is elected or appointed is located. § 4. This act shall take effect immediately. CHAPTER 322 or AN ACT to amend the public authorities law, in relation to the office of the metropolitan transportation authority inspector general Became a law July 11, 1985, 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 (e) of subdivision four of section twelve hundred seventy-nine of the public authorities law, as added by chapter four hundred twenty-seven of the laws of nineteen hundred eighty-three, is amended to read as follows: (e) to subpoena witnesses, administer oaths or affirmations, take testimony and compel the production of such books, papers, records and documents as he may deem to be relevant to any inquiry or investigation undertaken pursuant to this section and to delegate such powers to a duly authorized deputy inspector general; § 2. This act shall take effect immediately. CHAPTER 323 AN ACT to amend chapter seven hundred seventy-seven of the laws of nineteen hundred eighty-one, relating to statewide resource centers for geriatric education, in relation to providing for the continuation of such program until July thirty-first nineteen hundred eighty-six Became a law July 11, 1985, 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 seven of chapter seven hundred seventy-seven of the laws of nineteen hundred eighty-one, relating to statewide resource centers for geriatric education, as amended by chapter six hundred five of the laws of nineteen hundred eighty-four, is amended to read as follows: § 7. This act shall take effect immediately and shall remain in effect until July thirty-first, nineteen hundred [eighty-five] eighty-six. § 2. This act shall take effect immediately. CHAPTER 324 AN ACT to authorize the city of Gloversville to finance a certain deficit by the issuance of serial bonds Became a law July 11, 1985, 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 city of Gloversville is hereby authorized to issue serial bonds in an aggregate principal amount not to exceed five hundred forty thousand dollars for the specific object or purpose of financing a deficit of five hundred thirty-three thousand two hundred fifty-six dollars incurred during the fiscal years commencing January first, nineteen hundred eighty-two, January first, nineteen hundred eighty-three and January first, nineteen hundred eighty-four, and paying costs incidental to such financing. In anticipation of the issuance of such bonds, bond anticipation notes are hereby authorized to be issued. The proceeds from the sale of such obligations shall be used to finance a deficit Gloversville Sewer Fund caused by over-estimation of sewer user fees. § 2. Such bonds and bond anticipation notes issued in anticipation thereof shall be authorized, executed, issued, sold and delivered in the manner provided by the local finance law' for the issuance of serial bonds and bond anticipation notes, subject to the conditions hereinafter set forth. in the § 3. It is hereby determined that the financing of the deficit hereinbefore described is an object or purpose of said city of Gloversville for which indebtedness may be incurred, the period of probable usefulness of which is hereby determined to be five years computed from the date of such bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. Such bonds or bond anticipation notes shall be general obligations of the city of Gloversville and said city shall make an annual appropriation sufficient to pay the principal of and interest on such bonds and the interest on such bond anticipation notes as the same shall become due. All other proceedings in connection with the issuance of such bonds or bond anticipation notes shall be had and taken in accordance with the provisions of the local finance law, except that any resolution or resolutions authorizing the issuance of such bonds shall not be subject to either mandatory or permissive referendum, and the provisions of section 107.00 of the local finance law shall not be applicable to the issuance of such bonds or bond anticipation notes with respect to any requirements for a down payment. § 4. This act shall take effect immediately. CHAPTER 325 AN ACT to amend the mental hygiene law, in relation to the posting of rights of the residents in psychiatric centers and developmental ters Became a law July 11, 1985, with the approval of the Governor. cen The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Legislative intent. It is the intent of the legislature to provide a mechanism for notification of certain basic rights to persons residing in psychiatric centers operated by the office of mental health and developmental centers operated by the office of mental retardation and developmental disabilities. This legislation is not intended to create any new substantive rights; it sets forth a consolidated statement of certain basic rights to encourage self advocacy and to ensure a humane living environment for these residents. Information concerning the availability of advocacy entities to provide assistance and protection of resident's rights is also set forth. The commissioner of the office of mental health, the commissioner of the office of mental retardation and developmental disabilities and the facility directors are required to ensure that the notice of rights as set forth in this act is posted in each ward or living area of the psychiatric centers and developmental centers. § 2. The mental hygiene law is amended by adding a new section 33.02 to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law § 33.02 Notice of rights of the mentally disabled. (a) In order to ensure that residents of psychiatric centers operated by the office of mental health and developmental centers operated by the office of mental retardation and developmental disabilities are treated consistent with the laws and regulations assuring quality care, the commissioner of the office of mental health and the commissioner of the office of mental retardation and developmental disabilities shall promulgate regulations informing patients of their rights under law. Such regulations shall include, but not be limited to, informing patients that they have the right to: 1. a safe and sanitary environment; 2. a balanced and nutritious diet; 3. appropriate personal clothing; 4. practice religion; 5. freedom from abuse and mistreatment by employees or other residents of the facility; 6. adequate grooming and personal hygiene supplies; 7. a reasonable personal property; amount of safe storage space for clothing and other 8. a reasonable degree of privacy in sleeping, bathing and toileting areas; 9. receive visitors at reasonable times, to have privacy when visited, and to communicate freely with persons within or outside the facility; 10. appropriate medical and dental care; 11. an individualized plan of treatment services and to participate in the development of that plan; 12. bring any questions or complaints to the facility director, the mental hygiene information service, the board of visitors and the commission on quality of care for the mentally disabled. (b) The foregoing rights may not be limited as a punishment or for the convenience of staff. Any limitation on the rights enumerated shall be permitted for an individual resident only upon written order of a physician in the resident's clinical record stating the clinical justification for such limitation and the specific period of time such limitation shall remain in effect. (c) The commissioners and the facility director shall ensure that a notice of the rights included in regulations promulgated pursuant to this section is posted in each ward or living area of every psychiatric center and developmental center operated by the respective offices. The notice shall include the address and telephone numbers of the board of visitors, the mental hygiene information service and the commission on quality of care for the mentally disabled. § 3. This act shall take effect on the ninetieth day after it shall have become a law. CHAPTER 326 AN ACT to amend chapter seven hundred sixty-seven of the laws of nineteen hundred eighty-one amending the social services law and the public health law, relating to the establishment of a respite demonstration program for frail or disabled adults, in relation to the tension of such program Became a law July 11, 1985, with the approval of the Governor. Passed by a majority vote, three-fifths being present. ex The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section seven of chapter seven hundred sixty-seven of the laws of nineteen hundred eighty-one amending the social services law and the public health law, relating to the establishment of a respite demonstration program for frail or disabled adults, as amended by chapter three hundred twenty-seven of the laws of nineteen hundred eighty-three, is amended to read as follows: |