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notes at a rate determined by the comptroller, which rate shall consider the rate earned by the comptroller on investments in United States treasury notes of similar maturity.

§ 7. This act shall take effect immediately.

CHAPTER 140

AN ACT to establish the Randolph Children's Home union free school district, town of Randolph, Cattaraugus county and to amend chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, relating to the provisions of state aid for certain school districts, in relation to making technical changes thereto

Became a law June 4, 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. The territory in the town of Randolph, Cattaraugus county owned by the Western New York Society for the Protection of Homeless and Dependent Children and which constitutes the Randolph Children's Home common school district located in the town of Randolph, Cattaraugus county is hereby established as a union free school district. Such union free school district shall be known and designated as the Randolph Children's Home union free school district. Said school district is located in the town of Randolph, Cattaraugus county and shall include all the territory included in such Randolph Children's Home common school district as now constituted.

§ 2. Such Randolph Children's Home union free school district shall be governed by a board of education which shall be composed of from three to nine members, who need not be qualified voters of such district, elected by the board of directors of the Western New York Society for the Protection of Homeless and Dependent Children as constituted pursuant to the provisions and by-laws therein provided by the not-forprofit corporation law, said members to serve for terms not to exceed five years; and such board of education shall have all the powers and duties of a board of education of a union free school district under the provisions of the education law. Except as otherwise herein provided such district shall be subject to and governed by the provisions of the education law and other general laws applicable to union free school districts.

§3. Whenever any part of the territory described in this act shall bẹ sold by the Western New York Society for the Protection of Homeless and Dependent Children, or shall cease to be held by said society, in accordance with the provisions of the not-for-profit corporation law, same shall cease to be a part of the union free district hereby

established.

the

§ 4. Whenever any territory adjoining any part of the territory described in this act, shall be acquired or purchased by the Western New York Society for the Protection of Homeless and Dependent Children, or shall be held by said society in accordance with the provisions of the not-for-profit corporation law, the same shall become a part of the union free school district hereby established and shall, together with the territory described in this act, enjoy all the powers and privileges of a union free school district under the provisions of the education law.

§ 5. Section one of chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, relating to the provisions of state aid for certain school districts, as amended by chapter two hundred fiftyone of the laws of nineteen hundred eighty-three, is amended to read as follows:

Section 1. Notwithstanding the provisions of sections thirty-six hundred two and thirty-six hundred two-b of the education law, and in lieu of any apportionments to which such school districts might otherwise be entitled under such sections or under any other provisions of law, the commissioner of education is hereby authorized to include the following school districts in the annual apportionment of public moneys and

such

apportionment shall be computed in accordance with the provisions of sections two, three and four of this act: union free school district number twenty-seven of the town of Dryden, Tompkins county; union free school district number eight of the town of Canaan, Columbia county; union free school districts numbers ten, eleven, twelve and thirteen of the town of Greenburgh, Westchester county; union free school districts numbers three and four of the town of Mount Pleasant, Westchester county; union free school district number six, Blythedale, town of Mount Pleasant, Westchester county; and [common] Randolph Children's Home union free school district [number eleven] of the town of Randolph, Cattaraugus county; West Park union free school district number two, town of Esopus, Ulster county; common school district number seven of the town of Oyster Bay, Nassau county; union free school district number one, Unionvale and Morton road union free school district number two, Rhinebeck, Dutchess county; common school district number fourteen of the town of Ramapo, Rockland county; union free school district number three of the town of Hamburg, Erie county; union free school district number two of the town of Chester, Orange county and union free school district number three, town of Riverhead, Suffolk county. § 6. This act shall take effect immediately.

CHAPTER 141

AN ACT to amend the social services law, in relation to reducing the waiting period for a change from foster care status to adoption placement with preference from eighteen months to twelve months

Became a law June 4, 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. Subdivisions three and four of section three hundred eighty-three of the social services law, subdivision three as amended by chapter six hundred eleven of the laws of nineteen hundred seventy-nine and subdivision four as added by chapter seven hundred forty-five of the laws of nineteen hundred eighty-four, are amended to read as follows:

3. Any adult husband and his adult wife and any adult unmarried person, who, as foster parent or parents, have cared for a child continuously for a period of [eighteen] twelve months or more, may apply to such authorized agency for the placement of said child with them for the purpose of adoption, and if said child is eligible for adoption, the agency shall give preference and first consideration to their application over all other applications for adoption placements. However, final determination of the propriety of said adoption of such foster child shall be within the sole discretion of the court, as otherwise provided herein.

Foster parents having had continuous care of a child, for more than [eighteen] twelve months, through an authorized agency, shall be permitted as a matter of right, as an interested party to intervene in any proceeding involving the custody of the child. Such intervention may be made anonymously or in the true name of said foster parents.

4. An adult married person who has executed a legally enforceable separation agreement or is a party to a marriage in which a valid decree of separation has been entered and who becomes or has been the custodian of a child placed in their care as a result of court ordered foster care may apply to such authorized agency for placement of said child with them for the purpose of adoption. Applications filed pursuant to this subdivision by persons who, as foster parents, have cared for a child continuously for a period of [eighteen] twelve months or more shall be entitled to the same consideration and preference as are given to applications filed pursuant to subdivision three of this section. Final determination of the propriety of said adoption of such foster child, EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

however, shall be within the sole discretion of the court, as provided herein.

otherwise

§ 2. The closing paragraph of subdivision three of section three hundred eighty-four of such law, as amended by chapter fifteen of the laws of nineteen hundred eighty-one, is amended to read as follows:

Any person or persons having custody for more than [eighteen] twelve months through an authorized agency for the purpose of foster care shall be permitted as a matter of right, as an interested party, to intervene in any proceeding, commenced to set aside a surrender purporting to commit the guardianship of the person and custody of a child executed under the provisions of this section. Such intervention may be made anonymously or in the true name of said person or persons having custody of the child for the purpose of foster care.

§ 3. Paragraph (c) of subdivision two of section three hundred ninetytwo of such law, as separately amended by chapters six hundred sixty-six and six hundred sixty-seven of the laws of nineteen hundred seventy-six, is amended to read as follows:

(c) may be filed by the foster parent or parents in whose_home the child resides or has resided during such period of [eighteen] twelve

months.

§ 4. Paragraph (d) of subdivision three of section three hundred ninety-two of such law, as added by chapter one hundred forty-one of the laws of nineteen hundred eighty-three, is amended to read as follows: (d) shall be filed in the appropriate family court at least sixty days prior to the end of the month which would [consitute] constitute the eighteenth month of continuous foster care placement.

§ 5. Paragraph (c) of subdivision four of section three hundred ninety-two of such law, as amended by chapter six hundred sixty-six of the laws of nineteen hundred seventy-six, is amended to read as follows: (c) the foster parent or parents in whose home the child resided or resides at or after the expiration of a continuous period of [eighteen] twelve months in foster care;

§ 6. This act shall take effect on the sixtieth day after it shall have become a law.

CHAPTER 142

AN ACT to amend the social services law, in relation to including any psychological reports in medical history to be provided to prospective adoptive parents

Became a law June 4, 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. Section three hundred seventy-three-a of the social services law, as added by chapter three hundred twenty-six of the laws of nineteen hundred eighty-three, is amended to read as follows:

$373-a. Medical histories. Notwithstanding any other provision of law to the contrary, to the extent they are available, the medical histories of a child legally freed for adoption and of his or her natural parents, with information identifying such natural parents eliminated, shall be provided by an authorized agency to such child's prospective adoptive parent[;] and [provided] further, to the extent they are available, the medical histories of a child in foster care and of his or her natural parents shall be provided by an authorized agency to such child when discharged to his or her own care. [The] Such medical histories shall include all available information setting forth conditions or diseases believed to be hereditary, any drugs or medication taken during pregnancy by the child's natural mother[,] and any other information, in

cluding any psychological information in the case of a child legally freed for adoption or when such child has been adopted, which may be a factor influencing the child's present or future health. The department shall promulgate and may alter or amend regulations governing the release of medical histories pursuant to this section.

§ 2. This act shall take effect immediately.

AN

CHAPTER 143

ACT to amend the education law, in relation to fire drills in public and nonpublic schools, colleges and universities enrolling twenty-five fewer pupils and schools which house pupils in buildings less than two stories high

or

Became a law June 4, 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. Subdivisions one and three of section eight hundred seven of the education law, subdivision one as amended by chapter three hundred ninety-two of the laws of nineteen hundred seventy-nine and subdivision three as added by chapter seven hundred sixty-five of the laws of nineteen hundred sixty-four, are amended to read as follows:

1. It shall be the duty of the principal or other person in charge of every public or private school or educational institution within the state, other than colleges or universities, [having more than twentyfive pupils, or maintained in a building two or more stories high] to instruct and train the pupils by means of drills, so that they may in a sudden emergency be able to leave the school building in the shortest possible time and without confusion or panic. Such drills or rapid dismissals shall be held at least twelve times in each school year, eight of which required drills shall be held between September first and December first of each such year. At least one-third of all such required drills shall be through use of the fire escapes on buildings where fire escapes are provided. In the course of at least one such drill, pupils shall be instructed in the procedure to be followed in the event that a fire occurs during lunch period, provided however, that such additional instruction may be waived where a drill is held during the regular school lunch period. At least four additional drills shall be held in each school year during the hours after sunset and before sunrise in school buildings in which students are provided with sleeping accommodations. At least two additional drills shall be held during summer school in buildings where summer school is conducted, and one such drills shall be held during the first week of summer school.

of

and

3. It shall be the duty of the person in charge of every public or private college or university within the state, [having more than twenty-five students, or maintained in a building two or more stories high] to instruct and train the students by means of drills, so that they may in a sudden emergency be able to leave the college or university building in the shortest possible time and without confusion or panic. Such drills shall be held at least three times in each year, one of which required drills shall be held between September first December first of each such year. In buildings where summer sessions are conducted, one of such required drills shall be held during the first week of such summer session. At least one of such required drills shall be through use of the fire escapes on buildings where fire escapes are provided. At least one additional drill shall be held in each year during the hours after sunset and before sunrise in college or university buildings in which students are provided with sleeping accommodations. § 2. This act shall take effect immediately.

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

CHAPTER 144

AN ACT to amend the vehicle and traffic law, in relation to reports required upon an accident involving property damage; proof required in the event of certain judgments arising out of ownership or operation of a motor vehicle; and security and proof required following an accident

Became a law June 4, 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:

the

Section 1. Subdivision (a) of section six hundred five of the vehicle and traffic law, as amended by chapter five hundred thirty-seven of laws of nineteen hundred seventy-eight, is amended to read as follows: (a) Every person operating a motor vehicle which is in any manner involved in an accident, anywhere within the boundaries of this state, in which any person is killed or injured, or in which damage to the property of any one person, including himself, in excess of [four] six hundred dollars is sustained, shall within ten days after such accident report the matter in writing to the commissioner. If such operator or chauffeur be physically incapable of making such report and there be another participant in the accident not incapacitated, such participant shall make such report within ten days after such accident. If the operator or chauffeur involved in such accident be unable to make such report, the owner of the motor vehicle involved in such accident, if such owner be not involved in such accident or incapacitated, shall within ten days after he learns of the fact of such accident report the matter to the commissioner together with such information as may have come to his knowledge relating to such accident. Every such operator or chauffeur of a motor vehicle, or participant in any such accident, or owner of the motor vehicle involved in any such accident, shall make such other and additional reports as the commissioner shall require.

§ 2. Subdivision (b) of section three hundred thirty-two of such law, as amended by chapter five hundred thirty-seven of the laws of nineteen hundred seventy-eight, is amended to read as follows:

(b) The judgment herein referred to shall mean any judgment in excess of [four] six hundred dollars for damages because of injury to or destruction of property, including loss of use thereof, or any judgment for damages, including damages for care and loss of services, because of bodily injury to or death of any person arising out of the ownership, maintenance, use or operation of any motor vehicle.

§ 3. Subdivision (a) of section three hundred thirty-five of such law, as amended by chapter six hundred sixty-five of the laws of nineteen hundred seventy-nine, is amended to read as follows:

(a) Not less than ten days nor more than sixty days after receipt by him of the report or notice of an accident which has resulted in bodily injury or death, or in damage to the property of any one person in excess of [four] six hundred dollars, the commissioner shall forthwith suspend the license of any person operating, and the registration certificates and registration plates of any person owning, a motor vehicle in any manner involved in such accident unless and until such operator (or chauffeur) or owner or both shall have previously furnished or immediately furnishes security sufficient in the judgment of the commissioner to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against such owner or operator (or chauffeur) by or on behalf of any aggrieved person or his legal representative, and unless and until such owner or operator (or chauffeur) or both shall immediately furnish and thereafter maintain proof of financial responsibility in the future. Where erroneous information with respect to insurance coverage of the owner or operator (or chauffeur) of any such vehicle is furnished to the commissioner, he shall take appropriate action as above provided within sixty days after the receipt by him of correct information with respect to such coverage. This section shall not apply: (1) to such owner or operator (or chauffeur) if such owner had in effect at the time of such accident with respect to such motor vehicle a standard provisions automobile liability policy in form approved by the superintendent of insurance and issued by an insurance company authorized to do business in this state or, if such motor vehicie was not registered in this state or was a motor vehicle which was

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