(d) Nothing in this section shall prevent a pet owner from prepaying annual maintenance fees for any number of years in advance. § 750-r. Endowment care or similar trust funds. 1. A pet cemetery which commenced operations prior to the effective date of this article shall establish an endowment care or similar trust fund, the balance of which shall not be less then twelve thousand dollars, by January first, nineteen hundred ninety-five. The secretary of state may grant a waiver to the provisions of this subdivision if an endowment care or similar trust fund is established and twelve thousand dollars is placed in such fund within a reasonable amount of time. 2. A pet cemetery which commences operations on or after the effective date of this article, shall, prior to the acceptance of any moneys as annual maintenance fees, establish an endowment care or similar trust fund for the permanent operation and maintenance of the pet cemetery, in an amount of not less than twelve thousand dollars. 3. The fiduciary holding such endowment care or similar trust fund shall have such power to invest such fund as set forth in section 11-2.2 of the estates, powers and trusts law. The interest earnings of such trust fund shall be used exclusively for the operation and maintenance of such pet cemetery. Any distribution of principal of such option and trust fund shall only be upon order of the supreme court of the county where the pet cemetery is located, for good cause and exclusively for the operation and benefit of such pet cemetery. Unless such distribution of principal shall be as part of a removal of dedication for such pet cemetery, such order shall additionally make adequate provision for permanent maintenance of the pet cemetery. the 4. A pet cemetery, owned and operated by a not-for-profit corporation that has in excess of one million dollars in its endowment care or similar trust fund, may use any surplus income in such trust fund above and beyond its costs for pet cemetery operation and maintenance in any manner allowed by the not-for-profit corporation's charter or by-laws, provided that the use of such surplus does not endanger the integrity of such trust fund. 5. Such trust funds are not invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries, nor shall they be invalid as violating any existing rule against perpetuities. § 750-s. Pet disposal forms. 1. Each person who gives to a veterinarian or a pet cemetery owner or pet crematorium owner a pet for disposal within the state shall be provided by such veterinarian or pet cemetery owner or pet crematorium owner with a pet disposal disclosure document, in form approved by the secretary of state, which shall set forth the alternative methods of pet disposal, the cost of each such method of pet disposal, if available, and the nature of or place in which each method of disposal will be carried out. The veterinarian or the pet cemetery owner or the pet crematorium owner, as the case may be, shall give to the person who completes the form a copy of the form and retain a copy of said form. If the person completing the form chooses to have the pet disposed of by a pet cemetery or pet crematorium and makes the arrangements therefor through a veterinarian, the veterinarian shall provide the person with the name, location and telephone number of the pet cemetery or pet crematorium so that the person may obtain information about the pet cemetery or pet crematorium. The veterinarian shall also ensure that a copy of the pet disposal form accompanies the pet when it is removed from the veterinarian's office. 2. A veterinarian or pet cemetery operator may complete a pet disposal form with the oral consent of the pet owner. Such oral consent shall be witnessed and a record of such consent and the completed pet disposal form shall be retained in the veterinarian's records. A copy of such completed pet disposal form shall be sent to the pet owner if requested. 3. If a pet owner is unwilling or unable to complete a pet disposal form then a veterinarian may complete the pet disposal form if two attempts are made to contact the pet owner. However, at least one attempt shall be made in writing and sent by first class mail. If the veterinarian does complete the pet disposal form without the consent of the pet owner then a copy of the completed pet disposal form shall be retained by the veterinarian along with the records of the attempts to contact the pet owner. 4. No pet disposal form shall be required if: (a) no pet owner can be identified; (b) the pet remains originate with a municipality; (c) the pet is abandoned pursuant to article twenty-five-B of the agriculture and markets law; or a (d) the pet is to be disposed of without charge to the pet owner. $750-t. Disposal in compliance with forms. A pet cemetery owner shall dispose of a pet in compliance with a pet disposal form completed by pet Owner or veterinarian. If such pet is disposed of, either by individual cremation or individual burial, the pet cemetery Owner shall within ten days of such disposal send or give a written confirmation of such disposal to the pet owner or veterinarian, depending on instructions in pet disposal form, and, shall attest to the method, date, and place of disposal. If a pet is disposed of either through mass cremation or mass burial, no written confirmation shall be required. Copies of all forms shall be retained for a period of two years after receipt. All pet remains shall be buried at least twelve inches below the surface of the ground or in accordance with section three hundred seventy-seven of the agriculture and markets law in the case of a large domestic animal or otherwise disposed of in a sanitary manner. § 750-u. Veterinary exclusion. Any pet cemetery which: 1. is owned by a licensed veterinarian; 2. does not allow individual burials; 3. does not allow individual grave markers; 4. does not charge a maintenance fee for the care of pet graves; and 5. does not make any representation that pet graves will be cared for or that the land is dedicated; shall be exempt from the trust fund provisions provided by section seven hundred fifty-r of this article, the dedication provisions provided by section seven hundred fifty-n of this article and the area requirement provided by section seven hundred fifty-p of this article. § 750-v. Duties of pet cemetery owners and operators. All pet cemetery owners and operators shall have the following duties: 1. To keep permanently maps and records containing the specific site of each pet grave, the grave owner's last known address, the date of burial, the size of such grave, the contract for sale of such grave and pet disposal forms provided however that the provisions of this subdivision shall apply only to individual burials. 2. To keep complete records of the names of trustees of any trust accounts and complete records of all trust fund money. 3. To clearly inform customers of the option of paying maintenance fees for care of pet graves, including costs and benefits for permanent care for pet graves and annual care for pet graves. 4. To cooperate with all reasonable requests of inspectors appointed by the secretary of state to inspect pet cemeteries and pet crematoriums. 5. To provide notice to customers about hours that the cemetery will open to customers to view pet graves. § 750-w. Separability clause. If any part or provision of this article or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this article or the application thereof to other persons or circumstances and the legislature hereby declares that it would have enacted this article or the remainder thereof had the invalidity of such provision or application thereof been apparent. § 2. The state finance law is amended by adding a new section 97-nn to read as follows: § 97-nn. Pet cemetery and pet crematorium inspection and licensing fund. 1. There is hereby established in the joint custody of the comptroller and the commissioner of taxation and finance an account to be known as the pet cemetery and pet crematorium inspection and licensing fund. Such account shall consist of all fees, penalties, fines and settlements received after March first, nineteen hundred ninety-three pursuant to article thirty-five-C of the general business law and all other monies credited or transferred thereto from any other fund or source pursuant to law. 2. Monies of the account shall be made available to the secretary of state for the purpose of the operation of the pet cemetery and pet crematorium inspection and licensing program pursuant to the provisions of article thirty-five-C of the general business law. Monies shall be paid EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law out of the account on the audit and warrant of the state comptroller pursuant to such article. § 3. This act shall take effect on the fourteenth day of January in the year next succeeding the date on which it shall have become a law; provided, however, that any rule or regulation necessary for the implementation of the foregoing sections of this act on their effective date is authorized and directed to be made and completed within 180 days after the date on which it shall have become a law. CHAPTER 527 AN ACT authorizing the town of Wallkill, Orange county to establish a development facilitation improvement district or benefited area and to appropriate, collect and expend monies in furtherance thereof Became a law July 24, 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: and Section 1. Upon the completion of the procedural provisions governing the establishment of improvement districts or benefited areas, as the case may be, set forth in either article 12 or 12-A of the town law, the town board of the town of Wallkill, Orange county, may establish a development facilitation improvement district or districts, or benefited area or areas encompassing such lots and parcels of land in, along, and around the Route 211 corridor, from the Middletown city line, to the Goshen Turnpike, which said town board determines to be benefited, provide for, or cause to be provided, in conjunction with county, state and federal agencies, the construction, reconstruction, improvement widening or resurfacing of that portion of any existing or proposed roads which said town board determines to be necessary to fulfill the purpose of this act, including, but not limited to, provision for, or cause to be provided, construction of roadway segments and intersections connecting with or parallel to Route 211, commercial service roads in the benefited area, signalization lanes, new roadways and intersection improvements to the roads in the district; provided, however, that any such construction or reconstruction thereof shall be within the district which shall be created within the following boundaries in the Town of Wallkill: bounded on the south by the Wallkill town line and the Wallkill River; on the west by the city of Middletown line; on the north by properties abutting Highland Avenue, Bisch Road, and Midland Lake Road; and on the east by the properties abutting Goshen Turnpike and shall be subject to and in accordance with the applicable provisions of the highway law, procedures established by the New York state department of transportation and the consent of the New York state department of transportation. The costs and expenses of the foregoing, including the acquisition of land, or rights in land necessary for the construction, reconstruction, widening, resurfacing or ancillary or incidental expenses in connection therewith, shall be raised through levy of special assessments upon all lots or parcels of land within such improvement district or benefited area in proportion to the benefit derived therefrom. In making any such determination of benefit, the board shall take into account which lots or parcels of land within such development facilitation district or benefited area are a significant contributing factor to the traffic congestion to be remedied by the construction of the improvements within such improvement district or benefited area. The town board may provide for the prepayment of assessments in the manner provided in subdivision 1 of section 231 of the town law and, if it does so, provide a credit against such assessments for monies prepaid to the town for any road improvement which the town board may determine shall be financed by assessments levied on property within the district or [benefitted] benefited area as provided herein. The town board may provide for a credit for the value of work performed or financed by a property owner within the development facilitation improvement district or [benefitted] benefited area. Agreement for instrument the provision of such credit shall be set forth in a written of understanding between the town of Wallkill and the property owner or documented in some other permit, approved site plan or official finding issued by the town. Whenever such credit is granted to a property owner, the town board may provide for the reduction of the annual assessment for such property owner by the amount of such credit. In the event that the value of such credit exceeds any annual assessment, the balance thereof shall be carried over from year to year and shall be applied to subsequent annual assessments until exhausted. In no event, however, shall a credit exceed the useful life of the improvement or entitle a property_owner to receive a refund for any unused portion of the credit. § 2. The town of Wallkill, Orange county, is hereby authorized to appropriate, collect and expend such sums as it shall deem necessary and appropriate to pay the costs of surveys, plans, specifications and estimates and engineering, legal and planning professional fees necessary for the project described herein and to charge any district or benefited area subsequently established in accordance with the provisions of this act for such amounts and to cause such amounts to be raised by any such district or benefited area and paid to the town as a reimbursement. Any such amounts shall be considered costs incidental to the establishment of any such special district or benefited area and shall be included in the maximum estimated cost to be expended for such special district or benefited area and the same may be financed as a preliminary cost within the meaning of paragraph a of section 11.00 of the local finance law for any road improvement described herein. § 3. Upon the establishment of a development facilitation district or benefited area, the town of Wallkill, Orange county, may provide for, or cause to be provided, any or all of the improvements set forth in section one of this act in accordance with the procedures and provisions set forth in section two of this act. After the completion of the improvements set forth herein, all costs of maintaining and repairing such improvements or portions of any new highway or road constructed, pursuant to the provision of this act, in the area of the said town of Wallkill, shall be a charge upon the area of said town outside villages and shall be levied and collected in the same manner and at the same time as any other town charges, provided, however, that any federal, state or county road, as improved, shall continue to be maintained by the appropriate federal, state or county department or agency. § 4. The town of Wallkill, Orange county, is hereby authorized, in establishing a development facilitation improvement district or benefited area as provided herein, to establish and maintain escrow accounts, to be held in trust solely for the purpose of financing and paying the costs and expenses attributable to the said improvement district or benefited area as authorized in this act. The town may deposit into such escrow accounts, as may be established, any or all of such assessments as may be received from the specially benefited lots or parcels within the development facilitation district area and the said assessments shall be used solely to fulfill the purposes of this act. 5. This act shall take effect immediately. CHAPTER 528 (See FISCAL NOTE at end of Chapter. ) AN ACT to authorize Joseph Defazio an employee of the Eldred central school district, in the county of Sullivan, to obtain retroactive membership in the New York state and local employees' retirement system Became a law July 24, 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. Notwithstanding any provision of law to the contrary, Joseph Defazio, a member of the New York state and local employees' EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law retirement system and an employee of the Eldred central school district, in the county of Sullivan, an employer which participates in the New York state and local employees' retirement system, who was employed by the Eldred central school district on February 22, 1980 and who, for reasons not ascribable to his own negligence, did not become a member of the New York state and local employees' retirement system until October 5, 1990, may be deemed to have become a member of the New York state and local employees' retirement system on February 22, 1980 if on or before December 31, 1992, he shall file with the state comptroller a written request to that effect. § 2. Upon approval of a request pursuant to section one of this act, the state comptroller shall direct Joseph Defazio to pay to the New York state and local employees' retirement system those payments which would have been made by him had he made timely application to join the appropriate retirement system. In addition, any additional costs and interest incurred pursuant to the operation of the provisions of this act shall be borne by the Eldred central school district. § 3. This act shall take effect immediately. FISCAL NOTE. -This bill would grant Tier 3 status to Joseph Defazio, an employee of the Eldred Central School District, by changing his date of membership to February 22, 1980 and would allow him to receive retirement service credit from the date of his initial employment until his current date of membership. If this bill is enacted, there would be an estimated past service cost of approximately $3,900. Of this, approximately $900 would be borne by the affected member, and the remaining $3,000 would be borne by the Eldred Central School District as a one-time payment. This estimate, dated December 20, 1991 and intended for use only during the 1992 Legislative Session, is Fiscal Note No. 92-29 prepared by the Actuary for the New York State and Local Employees' Retirement System. CHAPTER 529 AN ACT to amend the general business law, in relation to retail items fabricated or packaged to resemble hypodermic instruments Became a law July 24, 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 general business law is amended by adding a new article 39-C to read as follows: ARTICLE 39-C IMITATION HYPODERMIC INSTRUMENTS Section 880. Definition. 881. Fabrication or packaging in the shape of hypodermic 882. Violations and penalties. § 880. Definition. For the purposes of this article, the term "hypodermic_instruments" means syringes or needles. § 881. Fabrication or packaging in the shape of hypodermic instruments. No person, firm or corporation shall manufacture, distribute, import, or possess for the purpose of sale or resale, or sell or offer for |