§ 2. Section four of such chapter is renumbered section five and a new section four is added to read as follows: § 4. The several amounts named herein, or so much thereof as shall be sufficient to accomplish the purpose designated, being the unexpended balances of former appropriations, are hereby reappropriated and made available for the same purpose as the former appropriations unless otherwise changed and specified for the state fiscal year beginning on the first day of April, nineteen hundred eighty-five namely: CLIL Special Revenue Funds - Other Clients' Security Fund of the State of New York By chapter 50, section 1, of the laws of 1982, as reappropriated by chapter 51, section 4, of the laws of 1984: For services and expenses including travel outside the state, in accordance with the following schedule (re. $418,000) By chapter 51, section 2, of the laws of 1983, as reappropriated by chapter 51, section 4, of the laws of 1984: For expenses associated with operation of the Clients' By_chapter 51, section 2, of the laws of 1984: For expenses associated with operation of the Clients' (re. $68,000) ..(re. $1,423,000) § 3. This act shall take effect on the same date as such chapter of the laws of nineteen hundred eighty-five takes effect. CHAPTER 56 AN ACT to amend the penal law, in relation to unlawful possession of weapons by persons under sixteen Became a law April 17, 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 265.05 of the penal law, as added by chapter ten hundred forty-one of the laws of nineteen hundred seventy-four, is amended to read as follows: $265.05 Unlawful possession of weapons by persons under sixteen. It shall be unlawful for any person under the age of sixteen to possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air, or any gun or any instrument or weapon in or upon which any loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any dangerous knife; provided that the possession of rifle or shotgun or ammunition therefor by the holder of a hunting license or permit issued pursuant to EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law article eleven of the environmental conservation law and used in dance with said law shall not be governed by this section. accor A person who violates the provisions of this section shall be adjudged a juvenile delinquent. 2. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 57 AN ACT to amend the social services law, in relation to the children and family trust fund act Became a law April 17, 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 four hundred eighty-one-d of the social services law, as added by chapter nine hundred sixty of the laws of nineteen hundred eighty-four, is amended to read as follows: § 481-d. Children and family trust fund advisory board. 1. There is hereby established in the department, a children and family trust fund advisory board. The board shall meet regularly for the purpose of [assisting] advising and making recommendations to the department in developing program standards, receiving and reviewing applications for funding, making recommendations] relating to the establishment of family violence [], including intergenerational family violence[)], prevention and service programs, developing requests for proposals and evaluating the effectiveness of funded programs. The members of the board shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred during the performance of their duties. years. The 2. The board shall consist of [seventeen] thirteen members to be appointed by the governor, [three] two of whom shall be appointed upon the recommendation of the speaker of the assembly, [two] one of whom shall be appointed upon the recommendation of the minority leader of the assembly, [three] two of whom shall be appointed upon the recommendation of the temporary president of the senate, and [two] one of whom shall be appointed upon the recommendation of the minority leader of the senate. Members of the board shall be appointed for a term of three governor shall designate one member to serve as chairman of the board. To the maximum extent possible members shall be chosen to represent equally those knowledgeable in, concerned with or committed to the field of domestic violence and/or child abuse. Members of the board [shall] may be chosen from [among the following] groups including but not limited to: local social services districts; local youth boards or youth bureaus; child abuse and neglect task forces; statewide coalitions against domestic violence; alcoholism services; public agencies, notfor-profit corporations and educational institutions concerned with or providing professional training in family violence and child welfare services; family violence self-help and advocacy groups; the legal, social work, mental health, medical, clergy, judicial and law enforcement professions; groups dealing with services to the abused elderly; other professionals that provide family violence services and other concerned individuals or organizations. § 2. Subdivisions one, three, four, five, six and eight of section four hundred eighty-one-e of such law, as added by chapter nine hundred sixty of the laws of nineteen hundred eighty-four, are amended to read as follows: 1. The commissioner[, with the advice and recommendations of the children and family trust fund advisory board,] is hereby authorized to issue grants from funds credited to the children and family trust fund as provided in section four hundred eighty-one-f of this article to public agencies or not-for-profit corporations for the purpose of establishing or extending any or all of the following: (a) primary prevention programs; b) secondary prevention programs; (c) programs which provide services to victims of family violence, such as establishing temporary shelters and other emergency services; programs which provide or facilitate counseling, or other appropriate follow-up services to victims and their family or household members; and any other program deemed helpful in the treatment of victims of family violence. 3. No moneys from the fund established pursuant to section four hundred eighty-one-f of this article shall be granted for services mandated under this chapter. Funds awarded to not-for-profit corporations or public agencies pursuant to the provisions of subdivision one of this section shall not be used to supplant other federal, state or local funds. 4. The commissioner, with the advice and recommendations of the children and family trust fund advisory board, shall [promulgate rules and regulations necessary and proper to implement and administer this section within one hundred twenty days after the effective date thereof. Such rules and regulations shall] issue requests for proposals and specify methods to evaluate the effectiveness of proposed programs [and]. Such evaluation shall include but not be limited to the following: (a) appropriate accounting and fiscal control procedures which shall include the filing of an annual financial statement by each provider as to ensure the proper disbursement and accounting for funds received by public agencies and not-for-profit corporations for services; and (b) appropriate written records regarding the population served and type and extent of services rendered by the provider; and (c) confidentiality standards in conformance with appropriate federal and state standards so as to ensure the confidentiality of records of persons receiving services; and (d) nature and quality of services provided and impacts upon the populations and communities served. 5. The [first requests for proposals shall be issued within thirty days of the promulgation of such rules and regulations. On such proposals and for all subsequent proposals application for grants shall be filed within sixty days after such request is issued] commissioner shall solicit and shall select proposals for the provision of services funded pursuant to this act. Public agencies and not-for-profit corporations shall be eligible for purposes of application for grants provided for herein and subject to any rules and regulations promulgated pursuant to subdivision four of this section. to 6. The commissioner, with the advice [and recommendations] of the children and family trust fund advisory board, shall publicize the availability of funds to be used for purposes of this section. The commissioner shall request, on prescribed forms, information determined be necessary and relevant for the evaluation of each application. The commissioner [and the advisory board] may solicit comments on the applications from concerned individuals and agencies. Applications for local grants shall be submitted [simultaneously to the department and] to the local commissioner of social services and to the local youth bureau in the locality in which the program will operate. Such local commissioner and such local youth bureau shall have thirty days in which to send written comments on the proposal to the department. The commissioner shall either approve or disapprove an application within ninety days after the last day upon which such application may be submitted. When a local grant is approved following a negative comment from the local commissioner of social services or a local youth bureau, such local commissioner or such local bureau shall be informed of the reasons for the approval of the grant. No fewer than ten local child abuse prevention programs, no fewer than ten local domestic violence programs and no fewer than three statewide or regional family violence prevention programs per fiscal year shall be funded as far as practical] and applicants for local grants shall solicit comments on the application from such local commissioner of social services and such local youth bureau prior to submitting such application to the commissioner. Applicants shall inform the local commissioner of social services and the local youth bureau that their comments upon the application may be submitted either to the applicant or to the commissioner or to both. The commissioner shall give full consideration to any such comments received within twenty-one days after the application deadline and shall review the applications in relation to relevant local plans before approving or disapproving such applications. The commissioner shall inform the local commissioner of social services and the local youth bureau of the final disposition of the applications. No grant award shall be for a period in EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law excess of twelve months unless renewed by the commissioner, with the advice [and recommendation] of the advisory board. The initial grant and the first year renewal, if any, shall not exceed one hundred percent of the cost of providing the service. The third year grant, if any, shall not exceed seventy-five percent of the initial grant. The fourth year grant and any grant thereafter, if any, shall not exceed fifty percent of the initial grant. No program shall receive funding after the fourth year unless the commissioner, annually, [with the advice and recommendation of the advisory board] finds that the program effectively prevents family violence or provides a necessary service to victims of family violence. 8. The commissioner with the advice and recommendations of the children and family trust fund advisory board shall submit a report prior to the fifteenth day of December beginning in nineteen hundred eighty-five and annually thereafter to the governor and the legislature regarding the implementation and evaluation of the effectiveness of prevention and treatment services related to family violence. Prior to submitting such reports to the governor and the legislature, the commissioner shall permit the children and family trust fund advisory board to review and comment upon such reports. Such report shall include: (a) the number of persons estimated to have been assisted in programs covered by this section; (b) the number, recipients and amounts of grants to public agencies and not-for-profit corporations; (c) the amount of public and private funds used for approved programs by service type; 8 (d) the amount of funds used for the administration of such services; a description of the nature and quality of services provided and the impact upon the populations and communities served and their potential for being replicated elsewhere; and (f) all such other matters as may be necessary to inform the governor and the legislature regarding the implementation and evaluation of the effectiveness of programs covered by this section and the success of such programs in accomplishing the intent of the legislature. § 3. Subdivision one of section four hundred eighty-one-f of such law as added by chapter nine hundred sixty of the laws of nineteen hundred eighty-four, is amended to read as follows: I. There is hereby established [within the general fund] in the joint custody of the comptroller and the commissioner of taxation and finance a separate and distinct account, to be known as the children and family trust fund. Such account shall be classified by the comptroller as an expendable trust. Such account shall consist of any moneys appropriated to the department for the purposes of the programs authorized pursuant to this article and funds from any other source, including but not limited to, federal funds, donations from private individuals, corporations foundations, for the implementation of programs provided for in this article. All funds received by the comptroller on behalf of the children and family trust fund shall be deposited by the comptroller to the credit of the children and family trust fund. Notwithstanding the provisions of this subdivision, funds granted to the department pursuant to the federal child abuse prevention and treatment act shall not be deposited to the credit of the children and family trust fund. § 4. This act shall take effect immediately. or CHAPTER 58 AN ACT to amend the environmental conservation law, in relation to increasing the maximum registration fee for petróleum bulk storage facilities Became a law April 17, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: laws Section 1. Subdivision two of section 17-1009 of the environmental conservation law, as added by chapter six hundred thirteen of the of nineteen hundred eighty-three, is amended to read as follows: 2. Within one year of the promulgation of the rules and regulations referred to in subdivision one of this section, all owners shall register the facility with the department. The department is authorized to assess a fee according to a schedule based on the size and type of the facility, not to exceed [one] two hundred fifty dollars per facility. Such fee shall be paid at the time of registration or registration renewal. Registration shall be renewed every five years or whenever title to a facility is transferred, whichever first occurs. § 2. This act shall take effect April first, nineteen hundred eightyfive. CHAPTER 59 AN ACT to amend the penal law, in relation to increasing mandatory surcharges Became a law April 17, 1985, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 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. Subdivision one of section 60.35 of the penal law, as amended by chapter fifteen of the laws of nineteen hundred eighty-three, is amended to read as follows: 1. Except as provided in section eighteen hundred nine of the vehicle and traffic law, whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a felony, a misdemeanor, or a violation, as these terms are defined in section 10.00 of this chapter, there shall be levied a mandatory surcharge in addition to any sentence required or permitted by law, in accordance with the following schedule: (a) a person convicted of a felony shall pay a mandatory surcharge of [seventy-five] one hundred dollars; (b) a person convicted of a misdemeanor shall pay a mandatory surcharge of forty] sixty dollars; (c) a person convicted of a violation shall pay a mandatory surcharge of [fifteen] twenty-five dollars. § 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to acts or omissions occurring on after such date. or CHAPTER 60 AN ACT to amend the social services law, in relation to increasing the monthly allowance of public assistance for energy Became a law April 17, 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. Legislative intent. intent. The legislature hereby declares its commitment to meet the energy needs of persons who are receiving public assistance grants as defined by section one hundred thirty-one-a of the social services law. In order to maintain assistance for such persons at levels consistent with their needs, there is hereby enacted a supplemental home energy grant, to reflect current costs of home energy. It is the sense of the legislature that such a grant would qualify for exEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |