to the claimant. If, after the expiration of twenty-one days, such ordinary first class mailing has not been returned as undeliverable, the party complained against shall be presumed to have received notice of such claim. Such procedure shall further provide for an early hearing upon and determination of such claim. No filing fee, however, shall be demanded or received on small claims of employees who shall comply with § 1912 of this act which is hereby made applicable, except that necessary mailing costs shall be paid. § 2. Subdivision (a) of section eighteen hundred three of the uniform district court act, as amended by chapter eight hundred seventy-six of the laws of nineteen hundred eighty-two, is amended to read as follows: (a) Small claims shall be commenced upon the payment by the claimant of a filing fee of three dollars and the cost of [certified mailing] mailings as herein provided, without the service of a summons and, except by special order of the court, without the service of any pleading other than a statement of his cause of action by the claimant or someone in his behalf to the clerk, who shall reduce the same to a concise, written form and record it in a docket kept especially for such purpose. Such procedure shall provide for the sending of notice of such claim by ordinary first class mail and certified mail with return receipt requested to the party complained against at his residence, if resides within a district of the court in the county, and his residence is known to the claimant, or at his office or place of regular employment within such a district if he does not reside therein or his residence within such a district is not known to the claimant. If, after the expiration of twenty-one days, such ordinary first class mailing has not been returned as undeliverable, the party complained against shall be presumed to have received notice of such claim. he Such procedure shall further provide for an early hearing upon and determination of such claim. No filing fee, however, shall be demanded or received on small claims of employees who shall comply with § 1912 (a) of this act which is hereby made applicable, except that necessary mailing costs shall be paid. § 3. Subdivision (a) of section eighteen hundred three of the uniform justice court act, as amended by chapter eight hundred seventy-six of the laws of nineteen hundred eighty-two, is amended to read as follows: (a) Small claims shall be commenced upon the payment by the claimant of a filing fee of two dollars and the cost of [certified mailing] mailings as herein provided, without the service of a summons and, except by special order of the court, without the service of any pleading other than a statement of his cause of action by the claimant or someone in his behalf to the clerk, who shall reduce the same to a concise, written form and record it in a filing system maintained especially for such purpose. Such procedure shall provide for the sending of notice of such claim by ordinary first class mail and certified mail with return receipt requested to the party complained against at his residence, he resides within the county and his residence is known to the claimant, or at his office or place of regular employment within the municipality if he does not reside within the county or his residence within the county is not known to the claimant. If, after the expiration of twentyone days, such ordinary first class mailing has not been returned as undeliverable, the party complained against shall be presumed to have received notice of such claim. if Such procedure shall further provide for an early hearing upon and determination of such claim. No filing fee, however, shall be demanded or received on small claims of employees who shall comply with section nineteen hundred twelve of this act which is hereby made applicable, except that necessary (a) of section eighteen hundred three of the New York mailing costs shall be paid. city civil court act, as amended by chapter eight hundred seventy-six of the laws of nineteen hundred eighty-two, is amended to read as follows: (a) Small claims shall be commenced upon the payment by the claimant of a filing fee of three dollars and the cost of certified mailing] mailings as herein provided, without the service of a summons and, except by special order of the court, without the service of any pleading other than a statement of his cause of action by the claimant or someone in his behalf to the clerk, who shall reduce the same to a concise, written form and record it in a docket kept especially for such purpose. EXPLANATION-Matter in italics is new; matter in brackets [] is old law Such procedure shall provide for the sending of notice of such claim by ordinary first class mail and certified mail with return receipt requested to the party complained against at his residence, if he resides within the city of New York, and his residence is known to the claimant, or at his office or place of regular employment within the city of New York if he does not reside therein or his residence within the city of New York is not known to the claimant. If, after the expiration of twenty-one days, such ordinary first class mailing has not been returned as undeliverable, the party complained against shall be presumed to have received notice of such claim. Such procedure shall further provide for an early hearing upon and determination of such claim. No filing fee, however, shall be demanded or received on small claims of employees who shall comply with § 1912 (a) of this act which is hereby made applicable, except that necessary mailing costs shall be paid. § 5. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 335 to sign or write AN ACT to amend the public health law, in relation to prohibiting hospi- Became a law July 16, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: one of section Section 1. Subdivision two thousand eight hundred five-b of the public health law, as amended by chapter seven hundred eighty-seven of the laws of nineteen hundred eighty-three, is amended to read as follows: 1. Every general hospital shall admit any person who is in need of immediate hospitalization with all convenient speed and shall not before admission question the patient or any member of his or her family concerning insurance, credit or payment of charges, provided, however, that the patient or a member of his or her family shall agree to supply such information promptly after the patient's admission. However, no general hospital shall require any patient or member of his or her family to write or to sign during those times when the religious tenets of such person temporarily prohibit him or her from performing such acts. Every general hospital which maintains facilities for providing out-patient emergency medical care must provide such care to any person who, in the opinion of a physician, requires such care. § 2. This act shall take effect immediately. CHAPTER 336 AN ACT to amend the labor law, in relation to reciprocal agreements with other states for collection of wages in those states Became a law July 16, 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 one of section one hundred ninety-six of the labor law is amended by adding a new paragraph e to read as follows: any e. He is hereby authorized and empowered to enter into reciprocal agreements with the labor department or corresponding agency of other state or with the person, board, officer, or commission authorized to act on behalf of such department or agency, for the collection in such other states of claims and judgments for wages based upon claims assigned to the commissioner. The commissioner may, to the extent provided for by any reciprocal agreement entered into by law or with any agency of another state as herein provided, maintain actions in the courts of such other state for the collection of claims and judgments for wages and may assign such claims and judgments to the labor department or agency of such other state for collection to the extent that such an assignment may be permitted or provided for by the law of such state or by reciprocal agreement. The commissioner may, upon the written consent of the labor department or other corresponding agency of any other state or of any person, board, officer or commission of such state authorized to act on behalf of such labor department or corresponding agency, maintain actions in the courts of this state upon assigned claims and judgments for wages arising in such other state in the same manner and to the same extent that such actions by the commissioner are authorized when arising in this state. However, such actions may be maintained only in cases where such other state by law or reciprocal agreement extends a like comity to cases arising in this state. § 2. This act shall take effect immediately. CHAPTER 337 AN ACT to amend chapter nine hundred twelve of the laws of nineteen hundred twenty, relating to boxing, and wrestling, in relation to requiring promoters to provide insurance for licensed boxers and wrestlers Became a law July 16, 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: new Section 1. Chapter nine hundred twelve of the laws of nineteen hundred twenty, relating to boxing and wrestling, is amended by adding a section twenty-eight-a to read as follows: § 28-a. Duty to provide insurance for licensed boxers and wrestlers. 1. All persons, parties or corporations having licenses as promoters shall continuously provide insurance for the protection of licensed boxers and wrestlers, appearing in boxing bouts or wrestling exhibitions. Such insurance coverage shall provide for reimbursement to the licensed athlete for medical, surgical and hospital care, with a maximum limit of seven thousand five hundred dollars for injuries sustained while participating in any program operated under the control of such licensed promoter and for a payment of one hundred thousand dollars to the estate of any deceased athlete where such death is occasioned by injuries received during the course of a program in which such licensed athlete participated under the promotion or control of any licensed promoter. 2. The failure to pay premiums on such insurance as is required by subdivision one of this section shall be cause for the suspension or the revocation of the license of such defaulting promoter. § 2. This act shall take effect on the first day of September next succeeding the date on which it shall have become a law. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 338 AN ACT to amend the education law, in relation to voting privileges for student members on the board of trustees of each community college in New York state Became a law July 16, 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 one of section sixty-three hundred six of the education law, as amended by chapter five hundred fifty-two of the laws of nineteen hundred eighty-four, is amended to read as follows: 1. Each community college, except in the city of New York, shall be administered by a board of trustees of ten members, nine of whom shall be appointed for terms of nine years in annual rotation, and one member elected as here in provided, except that initial appointments shall be made for terms of one to nine years respectively. Five members shall be appointed by the local legislative body or board, or other appropriate governing agency, one of whom may be a member of such local legislative body or board, or other appropriate governing agency, four, from among persons residing in the sponsoring community, by the governor and one member elected by and from among the students of the college who shall serve as a [non-voting] member of the board for a one-year term, provided, however, that the term of the student member first elected shall be nine months commencing October first, nineteen hundred seventyfive. [Except as to the authority to cast votes such non-voting] The student member shall be afforded the same parliamentary privileges as are conferred upon voting members, including but not limited to the right to make and second motions and to place items on the agenda. Such [non-voting] student member shall be subject to every provision of any general, special or local law, ordinance, charter, code, rule or regulation applying to the [voting] members of such board with respect to the discharge of their duties including, but not limited to, those provisions setting forth codes of ethics, disclosure requirements and prohibiting business and professional activities. The election of the student member shall be conducted in accordance with rules and regulations promulgated by the respective representative campus student association in accordance with guidelines established by the state university trustees. In the event that the student member ceases to be a student at the institution, he shall be required to resign. The governor's initial appointments shall be for terms of two, four, six and eight years respectively and those by local authorities for terms of one, three, five, seven and nine years respectively. Vacancies shall be filled for unexpired terms in the same manner as original selections by by the authority responsible for the original selection. The board shall select its own chairman from among its voting membership. Where two or more local sponsors join in the establishment of a community college, the apportionment of the appointments among them shall be made by the state university trustees. Trustees shall receive no compensation for their services but shall be reimbursed for their expenses actually and necessarily incurred by them in the performance of their duties under this article. Members initially appointed or elected under this subdivision to the board of trustees of any community college hereafter established shall take office immediately upon their selection and qualification, but for purposes of determining the expiration of their respective terms and the commencement of the terms of their successors, the term of fice of each such initial member shall be deemed to have commenced on the first day of July of the year in which such college was established. The terms of office of all members of the boards of trustees of community colleges heretofore established, appointed or elected as provided in this subdivision, shall terminate on the thirtieth day of June of the calendar year within which such terms_expire under the provisions of this subdivision as hereby amended. For the purpose of determining such year all initial terms of office of appointed members of the boards of trustees of community colleges heretofore established shall be deemed to have commenced on the first day of July of the year in which such colleges were established and the terms of their successors for full terms, if any, shall be deemed to have commenced upon the expiration of the of number of years from such date for which such initial appointments were made. The one member elected by and from among the students of the college may be removed by such students in accordance with rules and regulations promulgated by the respective representative campus student association in accordance with guidelines promulgated by the state university trustees. In the case of community colleges in the city of New York the year in which any such college was established for the purposes of this subdivision shall mean the year in which it was or may be determined that its board of trustees be appointed and serve in the manner provided by this subdivision. The provisions of this subdivision shall not apply to community college regional boards of trustees. 2. Subdivision one of section sixty-three hundred ten of such law, as added by chapter five hundred fifty-two of the laws of nineteen hundred eighty-four, is amended to read as follows: 1. Each community college region and community college sponsored by such region shall be administered by a single board of trustees of fourteen members, thirteen of whom shall be appointed for terms of nine years, as set forth in this subdivision, and one member elected as herein provided, except that initial appointments shall be made for terms of one to nine years respectively. Seven members shall be appointed by the local legislative bodies or boards of those counties eligible to appoint members to the community college regional board of trustees. The seven locally appointed members of such board may include one member from the local legislative body or board of each county eligible to appoint members to the community college regional board of trustees. Membership in a community college regional board of trustees shall be apportioned among the counties participating in such board in accordance with the number of full-time equivalent students attending a community college sponsored by such regional board who are residents of the respective participating counties, and in accordance with such further regulations as may be prescribed by the state university trustees. Six members shall be appointed by the governor and one member elected by and from among the students of the college who shall serve as a [nonvoting] member of the board for a one-year term, provided, however, that the term of the student member first elected shall be nine months commencing October first, nineteen hundred eighty-four. [Except as to the authority to cast votes such non-voting] The student member shall be afforded the same parliamentary privileges as are conferred upon [voting] members, including but not limited to the right to make and second motions and to place items on the agenda. Such [non-voting] student member shall be subject to every provision of any general, special or local law, ordinance, charter, code, rule or regulation applying to the [voting] members of such board with respect to the discharge of their duties including, but not limited to, those provisions setting forth codes of ethics, disclosure requirements and prohibiting business and professional activities. The election of the student member shall be conducted in accordance with rules and regulations promulgated by the respective representative campus student association in accordance with guidelines established by the state university trustees. In the event that the student member ceases to be a student at the institution, he shall be required to resign. The governor's initial appointments shall be as follows: (a) two individuals shall be appointed for terms of two and four years respectively; (b) two individuals for terms of six years and two individuals for terms of eight years. Appointments by local authorities shall be as follows: (a) three individuals for terms of one, three and five years, respectively; (b) two individuals for terms of seven years, and two individuals for terms of nine years. Vacancies shall be filled for unexpired terms in the same manner as original selections by the authority responsible for the original selection. The board shall select its own chairman from among its voting membership. Trustees shall receive no compensation for their services but shall be reimbursed for their expenses actually and necessarily incurred by them in the performance of their duties under this article. Members initially appointed or elected under this subdivision to any community college regional board of trustees hereafter established shall take office immediately upon their selection and qualification, but for purposes of EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |