Imágenes de páginas
PDF
EPUB
[ocr errors]

1. A youthful offender adjudication is not a judgment of conviction for a crime or any other offense, and does not operate as a disqualification of any person so adjudged to hold public office or public employment or to receive any license granted by public authority but shall be deemed a conviction only for the purposes of transfer of supervision and custody pursuant to section two hundred fifty-nine-m of the tive law.

§ 2. This act shall take effect immediately.

execu-

CHAPTER 453

AN ACT in relation to designating the Clay Marsh Wildlife Management

area as the Stanley J. Hamlin Wildlife Management Area 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. That wildlife management area in Onondaga County established in accordance with the environmental conservation law heretofore designated as the Clay Marsh Wildlife Management Area is hereby redesignated the Stanley J. Hamlin Wildlife Management Area. The commissioner of environmental conservation shall provide for the posting of an appropriate sign or signs to identify such area.

§ 2. This act shall take effect immediately.

CHAPTER 454

AN ACT to amend the labor law, in relation to discretionary funds to

substate areas for responding to needs that were unanticipated at the time of submission of the annual plan 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 Assenbly, do enact as follows:

Section 1. The opening paragraph and subparagraph (i) of paragraph (e) of subdivision 4 of section 847 of the labor law, as amended by chapter 341 of the laws of 1990, are amended to read as follows:

Fifty percent of funds allocated to the state for state level activities in each year remaining after funding is provided for the purposes described in paragraphs (a), (b) and (c) of this subdivision and any amount remaining after funding is provided for employer specific skills training pursuant to paragraph (d) of this subdivision, shall be made available for the purposes described in subdivision two of section eight hundred forty-one of this article. Such funding shall be made available to substate areas for the purpose of responding to plant closings and substantial layoffs which were unanticipated at the time of submission of the annual plan required by section eight hundred thirty-nine of this article. Notwithstanding the requirements of this paragraph, not more than one-third of such money may be made available to substate areas for the purpose of responding to significant layoffs which were unanticipated at the time of submission of the annual plan required by section eight hundred thirty-nine of this article. For the purpose of this para: graph significant l'ayoffs shall mean any reduction in force which is not the result of a plant closing and which results in an employment loss at a single site of employment of at least thirty-three percent of the

employees (excluding employees regularly working less than twenty hours

el! 101 U

per week). Not more than seven percent of expended funds shall be
retained by the substate grantees for administrative expenses. Each
substate grantee with a demand for services which exceed those otherwise
available under the substate plan shall be eligible for grants according
to the following criteria:

(i) the substate grantee must demonstrate its need through submission
of a written request which includes the amount of additional funding
needed, number of dislocated workers or additional dislocated workers to
be served, type of services to be provided, and description of the
substantial or significant layoff plant closing which led to the
request;
$ 2. This act shall take effect immediately.

a

or

CHAPTER 455

[ocr errors][ocr errors][merged small][ocr errors][merged small]

AN ACT to provide for the issuance of special vehicle identification

numbers and the disposition of certain unidentifiable vehicles
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. Notwithstanding any provisions of sections 422 and 423-a of the vehicle and traffic law to the contrary, the commissioner of motor vehicles may issue, and have affixed without fee, a special vehicle identification number to any vehicle,

the owner of which cannot be ascertained on the effective date of this act, provided that the vehicle is in the custody of either the office of the district attorney of Nassau county

or the Nassau county police department and further provided that such vehicle was seized by either of the above parties as part of an investigation relating to stolen vehicles conducted by such parties under Nassau county police department case number 2-2083-90

Nassau county district attorney's rackets bureau case number 34-90. Upon the affixing of such special vehicle identification number that vehicle may be returned by the party having custody to the person from whom the vehicle was seized provided the agency having custody is satisfied that such person was a bona fide purchaser for value of the vehicle and was not involved in any manner in the theft or illegal appropriation of any vehicle which was a subject of the investigation conducted. Such acceptance of return shall be deemed a release of any claims that such party may have against the state of New York and the county of Nassau. § 2. This act shall take effect immediately.

or

[ocr errors]

CHAPTER 456

[ocr errors]

AN ACT to authorize the establishment of a public library district for
the town of Moreau, in the county of Saratoga, the city of Glens
Falls, in the county of Warren and the town of Queensbury, in the
county of Warren
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. Notwithstanding the provisions of any general,, special or local law to the contrary, there is hereby created and established in the town of Moreau, in the county of Saratoga, the city of Glens Falls, EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

[ocr errors]

а

in the county of Warren and the town of Queensbury,. in the

county of Warren, a public library district which shall be known as the Crandall public library district.

§ 2. Definitions. For the purposes of this act:

a. "Board" shall mean the board of trustees of the Crandall public library district.

b. "Municipalities" shall mean the city of Glens Falls, the town of Queensbury and the town of Moreau. c. "Municipality" shall

shall mean the city of Glens Falls, the town of Queensbury or the town of Moreau.

d. "Qualified voter" shall mean a person who is registered to vote in general elections in a municipality.

e. "Registered library, users" shall mean persons who are registered with the Crandall public' library district to borrow library materials, as shown in the records of the Southern Adirondack library system,

૬ 3. Election. a. The public library district herein described shall not come into existence unless and until it is approved by a vote of the majority of the qualified voters, of each of the municipalities çasting votes at an election conducted as hereinafter provided. Upon receipt of

petition signed by not less than twenty-five voters qualified to vote in a city of Glens Falls election, a petition signed by not less than twenty-five voters qualified to vote in a town of Queensbury election and a petition signed by not less than twenty-five voters qualified to vote in a town of Moreau election, the board of trustees of the Crandall library shall give notice of an election to be conducted during the general election in November, 1992. At such election the issues shall be:

1. whether the public library district herein described shall be created or not;

2. whether the initial annual budget proposed by the board of trustees of the Crandall library shall be approved or disapproved; and

3. the election of three trustees to the board as hereinafter provided.

At the initial election, one trustee each shall be elected from the city of Glens Falls, the town of Queensbury and the town of Moreau. The board of trustees of the Crandall library shall give notice of such election by the publication of a notice at least once in the officially designated or newspaper

of each municipality. Publication of such notice shall be not less than thirteen days nor more than twenty days prior to the date of such election. In addition, the board of trustees of the Crandall library shall cause copies of such notice to be posted conspicuously in at least one public place in each of the municipalities at least' thirteen days prior to the date of such election. Such notice shall specify the time and places such election will be held, the issues to be decided at said election and the hours during which the polls will be open. The polling places to be used and the hours such polling places are to be open shall be as required for the general election. The pense

of the initial election in each municipality shall be borne by that municipality. b. In

the

event that the creation of the public library district is approved, there shall be annual elections conducted by the board at times to be set by the board, at which vacancies on the board shall be filled and at which' any proposed budget which the board shall determine to submit, pursuant to section five of this act, shall be submitted to the voters. At the annual election, the board shall give notice of such election by the publication of a notice at least once in the officially designated newspaper of each municipality. Publication of such notice shall be not less than thirteen days nor more than twenty days prior to the date of such election. In addition, the board shall cause copies of such notice to be posted conspicuously in at least one public place in each of the municipalities at least thirteen days prior to the date of such election. Such notice shall specify the time and places such election will be held, the issues to be decided at said election and the hours during which the polls will be open. At an election held other than at a general election, the board shall designate the polling places to be used and shall prepare or cause the ballots to be prepared for such election. The polls at such an election shall remain open for the receipt of ballots from noon until nine o'clock in the afternoon and such additional consecutive hours prior thereto as the board may have determined and specified in the notice thereof. At an election held other than at a general election, the board shall designate a resident of each of the municipalities to act as chairperson of the election in such municipality and shall designate not less than two residents to act

ex

of dali

[merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small]

an

ali

occur.

[merged small][ocr errors]

a

[ocr errors][merged small]

as election inspectors and ballot clerks at each polling place. No trustee of the board shall serve as such chairperson or as an election inspector or ballot clerk. The board may adopt a resolution providing that such chairpersons, election inspectors and ballot clerks shall be paid for their respective services at such election. Such resolution, if adopted, may fix reasonable compensation for the services of each official. Every qualified voter of the municipalities shall be entitled to vote at such' election. After the polls have been closed at such election, the election inspectors and ballot clerks shall immediately canvass publicly the ballots cast and the chairpersons of the election in each of the municipalities shall publicly announce the results. Within seventy-two hours thereafter, the chairpersons, election inspectors and ballot' clerks shall execute and file a certificate of the result of the canvass with the board and with the clerks of the city of Glen Falls, the town of Queensbury and the town of Moreau.

C. Absentee ballots. Upon proper application, a qualified voter may vote as an absentee. At an election held at the general

election, the qualifications and procedures governing absentee voting shall be as provided by law with respect to such general election. At

election held other than at the general election, the qualifications and procedures governing absentee voting shall be established by the board.

d. Candidates for the office of member of the board shall be nominated by petition. A separate petition shall be required to nominate each candidate for vacancies on the board occurring in the city of Glens Falls, the town of Queensbury and the town of Moreau. Each petition shall be directed to the secretary of the board and shall be signed by at least twenty-five qualified voters of the municipality in which the vacancies

Each petition shall state the residence of each signer and shall state the name and residence of the candidate, and, in the event that any, such nominee shall withdraw his candidacy prior to the election, such person shall not be considered a candidate unless

new .petition nominating such person in the same manner and within the same time limitations applicable to other candidates if filed with the secretary of the board Each petition shall be filed in the office of the secretary of the board between the hours of nine o'clock in the forenoon and five o'clock in the afternoon on a date to be set by the board, which shall be, in no event, later than the thirty-sixth day preceding the election at which the candidates are to be elected. The candidates receiving the largest number of votes in each municipality shall be elected to fill the vacancies on the board occurring in each such municipality. e. No vacancy upon

the board to be filled shall be considered a separate office. At any election of the public library district, the voters may adopt a proposition providing that, in all subsequent'elections, vacancies upon the board shall be considered separate specific offices and that the nominating petitions shall describe the specific vacancy upon the board for which the candidate is nominated, which description shall include at least the length of the term of office and the name of the last incumbent, if any. No person shall be nominated for more than one specific office. Such procedure shall be followed with respect to all nominations and elections in subsequent years, until and unless such proposition is repealed by the voters of the public library district at an election by the adoption of a proposition to repeal the

§ 4. Organization and structure. a. General. The public library district shall be managed, operated and controlled by the board

consisting of fifteen members, as follows: the members of the board of trustees of the Crandall library in office on the date the public library district comes into existence, less one member from each of the municipalities to be determined by such board of trustees; and the three trustees elected at the initial election. The trustees shall at the first regular meeting of the board determine by lot the year in which each of their terms of office shall expire, as follows: three trustees' terms shall expire after one year; three trustees' terms shall expire after two years; three

terms shall expire after three years; three trustees' terms shall expire after four years; three trustees' terms shall expire after five years. As vacancies occur trustees shall be elected at elections herein provided for to serve for five year terms by the voters of the municipalities, such terms to commence on the first day of January next succeeding the election. Only qualified voters of the municipalities EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

[merged small][merged small][ocr errors][ocr errors][ocr errors]

Same.

trustees'

on

as

shall be eligible for election to the board. The board, at its first meeting each year, shall elect or appoint a president and vice president who shall be members of the board and a secretary, treasurer and such other officers it deems necessary. If the board so determines, the offices of secretary and treasurer may be held by individuals who are not members of the board and, in that event, such officers may, if the board so determines, receive compensation as fixed by resolution of the board.

b. Allotment of representation on the board. Of the fifteen members of the board, five members shall be residents of the city of Glens Falls; six members shall be residents of the town of Queensbury; and four members shall be residents of the town of Moreau. Vacancies occurring on the board other than by, expiration of a term shall be filled by appointment by the board for the unexpired term. The board shall have authority to and shall alter the allotment of representation on the board to continue the proportion of the city of Glens Falls, town of Queensbury and town of Moreau representation on the board in conformity with the actual demographics of the public library district based on current United States Bureau of the Census data. Notwithstanding the provisions of this paragraph, at no time shall there be an allotment of representation the

board to any municipality of less than four members, nor more than seven members.

§ 5. Finances. a. General. Except as hereinafter provided, the initial annual budget for the public library district shall not be adopted unless and until it is approved by a vote of a majority of the qualified voters of each of the municipalities casting, votes at an election hereinbefore provided. All future annual budgets that increase or decrease the appropriation last provided for by the annual budget shall be submitted to the voters of the public library district for approval by a majority of the qualified voters of the municipalities casting, votes at an election. Appropriations for library purposes provided in the initial annual budget and in subsequent annual budgets shall, unless otherwise directed by vote, be considered as annual appropriations therefor until changed by further vote and shall be levied and collected yearly in the same manner and at the same time as other municipal charges. If the initial annual budget or a subsequent annual budget for the public library district

is

not approved, then the board may resubmit the same or a revised annual budget for consideration of the voters at a subsequent election conducted pursuant to subdivision b of section three of this act. In the event that the public library district is created, but the initial annual budget is not approved at the initial election or at a subsequent election, if resubmitted by the board, the public library district and each of the municipalities may enter into a one year contract for a single annual appropriation, in an amount to be agreed upon, to be made from the general revenues of each of such municipalities. The public library district shall adopt a budget based upon the contracted level of municipal appropriations and the budget thus adopted shall be established

the initial annual budget for the public library district.

b. Prior to any election upon a public library, district budget, public hearings in each of the municipalities shall be held at which time the board shall meet to hear all persons interested therein. Such hearings shall be held not less than twenty nor more than thirty days

prior to the date set for the public library district budget vote. Notice of such public hearings shall be published at least

in

the officially designated newspaper

of each municipality. At least five days shall elapse between the date of the first publication of the notice and the dates specified for the hearings.

c. The board shall annually file with the clerk of each of the municipalities an estimate of the proposed budget including costs of library services to be raised by levy for the public library district in the fiscal year beginning on the succeeding first day of January. The municipalities shall not make any change in the estimate of revenues or expenditures submitted by the board

preparation of its preliminary budget.

d. The town boards of Moreau and Queensbury and the city council of the city of Glens Falls shall each levy a local assessment upon the real property lying within the boundaries of their municipalities for their shares of the total public library district expenditures to be raised by an ad valorem assessment in accordance with the provisions hereof. The share to be raised by each municipality shall be equal to the sum of:

1. One-half of the total amount to be raised by levy of an ad valorem assessment against all property within the public library district mul

[ocr errors]

as

once

in

« AnteriorContinuar »