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In the event of default the retirement board shall be authorized to collect such payments due from the employer of such member through payroll deduction and such member shall forfeit all future entitlement to borrow from the retirement system until the unpaid balance of the loan outstanding at the time of default is fully paid. The retirement board, at any time, may accept payments on account of any loan in addition to the installments fixed for repayment thereof. All payments of principal and interest at the minimum rate permitted pursuant to subdivision three of this section made by the member shall be credited to his accumulated contributions. Any additional interest paid by the member shall be credited to the pension accumulation fund.

§ 3. Subdivision 5 of section_512-b of the education law, as amended by chapter 207 of the laws of 1977, is amended to read as follows:

5. Insurance. Each loan made pursuant to this section shall be insured against the death of the member in an amount equal to the amount of the loan outstanding at any given time; with the exception that until thirty days have elapsed after the making thereof no part of the loans shall be insured. Such insurance

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provided by the retirement board through the retirement system. Upon the death of the member the amount of insurance so payable shall be credited to his accumulated contributions. The premium payable by the member for such insurance shall be set by the retirement board at a rate of not to exceed one per centum of the amount loaned.

A premium of one per centum per annum of the amount loaned, prorated to July first next, shall be deducted from the accumulated contributions of the member when the loan is made. Thereafter, a premium of one per centum per annum of the present value of the outstanding loan as of July first shall be deducted from the accumulated contributions of the member each succeeding year until such loan is repaid or the member is retired. [In the event that a loan is made or remains outstanding to a member sixty years of age or more, the retirement board may increase the premium up to four per centum per annum. ]

The retirement board in its discretion on any July first may increase or reduce the premium, modify the terms or conditions of coverage, or discontinue the insurance of loans. In no event shall this subdivision impose any obligation upon the retirement board to continue to insure loans of members upon the terms and conditions herein provided or upon any other terms or conditions.

§ 4. This act shall take effect July 1, 1992.

FISCAL NOTE. -This bill amends Section 512-b of the Education Law to eliminate certain age based restrictions on the ability of Tier I and II members to obtain loans of their accumulated contributions.

It is estimated that the cost to the employers of members of the New York State Teachers' Retirement System for this benefit will be negligible.

The source of this estimate is Fiscal Note 92-17 dated January 14, 1992 prepared by the Actuary of the New York State Teachers' Retirement System and is intended for use only during the 1992 Legislative Session.

CHAPTER 341

(See FISCAL NOTE at end of Chapter.)
AN ACT to amend the education law, in relation to abandonment of

unclaimed accumulated contributions
Became a law July 17, 1992, 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 Assem-
bly, do enact as follows:

Section 1. Subdivision 1 of section 531 of the education law, as amended by chapter 211 of the laws of 1975, is amended to read follows:

1. Except as otherwise specifically provided by this article, after at least [five] seven years have elapsed since the member contributor withdrew from service or ceased to be a teacher for any cause other than

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death or retirement or (five) seven years have elapsed from the date any other person became entitled to a benefit pursuant to this article, the retirement board may send a statement to such person at the last known address of the person setting forth the amount of the accumulated contributions or other benefits standing to the credit of such person and give notice to said person that unless he demands payment of said amount prior to a date at least one year from the date the notice is given, said amount will be deemed abandoned and will be transferred by the retirement board to the pension accumulation fund.

$ 2. This act shall take effect July 1, 1992. FISCAL NOTE. -This bill would amend Section 531 of the Education Law to change the length of the period of inactivity from 5 to 7 years before the process for the abandonment of contributions and other benefits begins.

It is estimated that there would be no additional annual cost to the employers of members of the New York State Teachers' Retirement System if this bill is enacted. The source of this estimate is Fiscal Note 92-16 dated January 14, 1992 prepared by the Actuary for the New York State Teachers' Retirement System and is intended for use only during the 1992 Legislative Session.

CHAPTER 342

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AN ACT to amend the uniform justice court act, in relation to the jurisdiction of certain courts in Onondaga county and to provide for the repeal of certain provisions of such act at the expiration thereof Became a law July 17, 1992, 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. Legislative intent. The legislature hereby recognizes that due to the part-time nature of employment within many local criminal courts, police officers, having made an arrest with or without a warrant, often have difficulty locating a justice of an appropriate court. Such justices, by reason of his or her regular employment, may not alWays be located within his or her jurisdiction thereby being unavailable to hold court. The legislature having due regard for the intervention of a court in the criminal process at the earliest possible time and also, having due regard for the time-honored process and proven efficacy of the local court system as well the flexibility, already contained therein, recognizes the desirability of introducing an innovation in such process relating to the jurisdiction of local criminal courts for a limited period of time. Such innovation shall be the subject of study and evaluation in an effort to determine the effectiveness thereof with due consideration being given to the integrity of the criminal process, the rights of defendants and the efficient employment of the time of law enforcement personnel.

The legislature also recognizes that the use of alternate local criminal courts for the purposes of arraignment

and appearance proceedings pursuant to a bench warrant upon the unavailability of the appropriate ocal criminal court, as presently set forth in the criminal procedure law, is not in any way limited or changed by the provisions of this act.

The county of Onondaga having requested such an innovation relating to the jurisdiction of local criminal courts and the legislature having deered it appropriate to evaluate such an innovation, the legislature hereby recognizes the desirability of such innovation for the limited purpose and on the conditions set forth in this act.

$ 2. Subdivision 10 of section 106 of the uniform justice court act is renumbered subdivision 9. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law ૬ 3. Subdivision 11 of section 106 of the uniform justice court act, as added by chapter 401 of the laws of 1990, is renumbered subdivision 10.

§ 4. Section 106 of the uniform justice court act is amended by adding a new subdivision 12 to read as follows:

12. Notwithstanding the provisions of subdivision one of this section, a justice of a local criminal court situated in the county of Onondaga may preside as the justice of his or her court anywhere in the county of Onondaga for the limited

purposes

of arraignments and/or appearance proceedings pursuant

bench warrant provided such arraignments and/or proceedings are held in a courtroom wherever possible other suitable facility, open to the public and provided further, that any municipality providing such facilities shall have consented to such usage.

$ 5. This act shall take effect 10 days after it shall have become a law except that section four of this act shall expire and be deemed repealed on and after June 1, 1994.

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CHAPTER 343

AN ACT to amend the public authorities law, in relation to enabling the

dormitory authority to finance and provide dormitories for severely

mentally disabled children at Ferncliff Manor in Westchester County Became a law July 17, 1992, 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. Paragraph (b) of subdivision 2 of section 1676 of the public authorities law is amended by adding a new undesignated subparagraph to read as follows:

Ferncliff Manor as a not-for-profit residential school serving chil, dren who are severely mentally disabled and medically involved, who will also on a not-for-profit basis operate an intermediate care facility, for the financing, construction, reconstruction, improvement, renovation and development of five twelve bed dormitories in Westchester County for such children.

5 2. Subdivision 1 of section 1680 of the public authorities law is amended by adding a new undesignated paragraph to read as follows:

Ferncliff Manor as a not-for-profit residential school serving chil, dren who are severely mentally disabled and medically involved, who will also

not-for-profit basis operate an intermediate care facility, for the financing, construction, reconstruction, improvement, renovation and development of five twelve bed dormitories in Westchester County for such children, subject to the approval of the commissioners of education, social services, and mental retardation and developmental disabilities, and subject further to the approval of the director of the budget as to project need and project cost. Except to the extent otherwise prohibited by law, Ferncliff Manor shall have full power and authority to assign and pledge to the authority, together with any pledge of its own assets and other income, any and all public funds to be apportioned otherwise made payable by the state, a political subdivision, as defined in section one hundred of the general municipal law, or any social vices district in the state in an amount sufficient to make all payments required to be made by Ferncliff Manor pursuant to any lease, sublease or other agreement entered into between Ferncliff Manor and the authority. All state and local officers are hereby authorized and required

to pay all such funds so assigned and pledged to the authority or upon the direction of the authority, to any trustee of any authority bond or note issued pursuant to a certificate filed with any such state or local officer by the authority pursuant to the provisions of this section. No agreement or lease by Ferncliff Manor shall be effective unless and until it is approved by or on behalf of the commissioners of education, social services, and mental retardation and developmental

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disabilities, and subject further to the approval of the director of the budget as to project need and project cost.

§ 3. Any contracts for design, construction, services and materials entered into by the authority pursuant to this act shall be deemed state contracts within the meaning of that term as set forth in article 15-A of the executive law, and the authority shall be deemed, for the purposes of this act, a contracting agency as that term is used in article 15-A of the executive law. § 4. This act shall take effect immediately.

CHAPTER 344

AN ACT to amend the environmental conservation law, in relation to fees

for participation in litter removal programs
Became a law July 17, 1992, 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 Assem-
bly, do enact as follows:

Section 1. Section 70-0117 of the environmental conservation law is
amended by adding a new subdivision 8 to read as follows:

8. Notwithstanding any other provision of law, the department shall
not charge any application fee or any other fee for any activity under-
taken as part of an approved stewardship agreement pursuant to section
24-0902 of this chapter; nor shall the department charge any application
fee or any other fee for any activity undertaken pursuant to an adopt-a-
park, shoreline or roadway program pursuant to section two hundred
seventy-seven of the general municipal law.
§ 2. This act shall take effect immediately.

CHAPTER 345

AN ACT to amend the penal law, the criminal procedure law and the family

court act, in relation to the crimes of menacing and harassment
Became a law July 17, 1992, with the approval of the Governor. Passed on
message of necessity pursuant to Article III, section 14 of the Con-
stitution by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. The penal law is amended by adding two new sections 120.13
and 120.14 to read as follows:
$ 120.13 Menacing in the first degree,

A person is guilty of menacing in the first degree when he or she comaits the crime of menacing in the second degree and has been previously convicted of the crime of menacing in the second degree within the preceding ten years.

Menacing in the first degree is a class E felony.
$ 120.14 Henacing in the second degree.
4 person is guilty of menacing in the second degree when :

1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical in jury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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2. He she repeatedly follows a person or engages in a course of conduct or repeatedly commit's acts over a period of time intentionally placing attempting to place another person in reasonable fear of physical injury, serious physical in jury or death. Menacing in the second degree is a class A misdemeanor.

§ 2. Section 120. 15 of the penal law is amended to read as follows: § 120. 15 Menacing in the third degree. A

person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or attempts to place another per

in fear of death, imminent serious physical injury or physical in jury. Menacing in the third degree is a class B misdemeanor.

§ 3. Section 240.25 of the penal law is renumbered section 240. 26 and a new section 240.25 is added to read as follows: § 240.25 Harassment in the first degree. А

person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical in jury. Harassment in the first degree is a class B misdemeanor,

§ 4. Section 240.26 of the penal law, subdivision 1 as amended by chapter 791 of the laws of 1967 and as renumbered by section three of this act, is amended to read as follows: § 240.26 Harassment in the second degree.

А person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:

1. He or she strikes, shoves, kicks or otherwise subjects [him] such other person to physical contact, or attempts or threatens

do the same; or

2. [In a public place, he uses abusive or obscene language, or makes an obscene gesture; or

3.] He or she follows a person in or about a public place or places;

[5.] 3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

Harassment in the second degree is a violation.

§ 5. Section 240.30 of the penal law, as amended by chapter 191 of the laws of 1982, is amended to read as follows: § 240.30 Aggravated harassment in the second degree.

A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person,

he she:

1. Communicates, or causes a communication to be initiated by mechanical or electronic means or otherwise, with a

person, anonymously or otherwise, by telephone, by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance alarm; or

2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or

3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of the race, color, religion or national origin of such person; or

4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as

defined by section 240.25 of this article within the preceding ten years. Aggravated harassment in the second degree is a class A misdemeanor.

$°°6. The opening paragraph of subdivision 1 of section 530. 11 of the criminal procedure law, as amended by chapter 925 of the laws of 1983, is amended to read as follows:

The family court and the criminal courts shall have concurrent jurisdiction over any proceeding concerning acts which would constitute disorderly conduct, harassment, menacing in the third degree, reckless endangerment, an assault in the second degree assault in the third degree

attempted assault between spouses or between parent and child or between members of the same family or household except that if the respondent would not be criminally responsible by reason of age pur; suant to section 30.00 of the penal law, then the family court shall have exclusive jurisdiction over such proceeding. For purposes of this

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