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the activities of others which relate to the development, protection, promotion and management of scenic byways. For the purposes of this article, "scenic byway" is a transportation route and adjacent area of particular scenic, historic, recreational, cultural or archeological characteristics which is managed to protect such characteristics and to encourage economic development through tourism and recreation.
2. To carry out the purposes of the scenic byways program, the commissioner is authorized:
(a) to plan, design, and develop the New York state scenic byways system; (b)
to make safety improvements to a highway designated as a scenic byway under this article to the extent such improvements
necessary to accommodate increased traffic, and changes in the types of vehicles using the highway due to such designation;
to construct along the highway facilities for the use of pedestrians and bicyclists, rest areas, turnouts, highway shoulder improvements, passing lanes, overlooks, and interpretive facilities;
(d) to improve the highway to enhance access to an area for the purpose of recreation, including water-related recreation;
(e) to protect historical and cultural resources in'areas adjacent to the highway; and
(f) to develop and provide tourist information to the public, including interpretive information about the scenic byway.
commissioner is hereby authorized to apply for funding from any appropriate sources to further the purposes of the scenic byways program.
3. † The commissioner is hereby authorized to enter into contracts with qualified responsible not-for-profit organizations involved in
scenic byways activities for services relating to the development of the New York state scenic byways program or services relating to the operation, development or promotion of a specific scenic byway.
4. The commissioner is authorized to promulgate such regulations as may be necessary or desirable to implement the New York state scenic byways program.
5 349-cc. New York state scenic byways advisory board. An advisory board of state agencies with responsibilities related to the designation and management of scenic byways and not-for-profit organizations related to the promotion and development of scenic byways is hereby formed to advise and assist the department in the operation of its scenic byways program. The advisory board shall consist of the commissioners of the department agriculture and markets, the department of economic development, and the department of environmental conservation, and the office of parks, recreation and historic preservation or their duly designated representatives. The commissioner shall appoint as members of the advisory board the chief executive officer, or his or her duly authorized representative, of not-for-profit organizations related to the promotion
and development of a scenic byway designated pursuant to this article, and three representatives of organizations concerned with the preservation
of scenic qualities, the motoring public and tourism development. The commissioner or his or her duly designated representative, shall serve as chair. Members of the advisory board shall receive no pay, but shall be eligible to receive actual and necessary
expenses from their respective agencies, or for the expenses of representatives of organizations related to the promotion and development of scenic byway, the preservation of scenic qualities, the motoring public and tourism development, from the department.
2. The New York state scenic byways advisory board shall have the following duties:
(a) To develop and make recommendations to the commissioner on the or“ ganization and operation of a scenic byways program. Such recommendations shall include recommendations on the following:
(i) consideration of the scenic beauty and historic significance of highways proposed for designation as scenic byways and the rounding such highways;
(ii) operation and management standards for highways designated as scenic byways, including strategies for maintaining
So in original. /"4. should be "5."
qualities for which highway is designated as a scenic byway, for protecting and enhancing the landscape and View corridors surrounding such a highway, and for minimizing traffic congestion on such a highway;
(iii) standards for scenic byway related signs, including those which identify
4163* Standards for maintaining highway safety on the scenic byway system;
(v) measures to safely accommodate the largest variety of scenic byway user's including, but not limited to, persons travelling by automobile, recreation vehicle, motor coach, bicycle, snowmobile, watercraft, horse and by foot; (vil design review procedures for location of highway facilities, landscaping, and travellers facilities on the scenic byway system;
(vii) procedures for reviewing and terminating the designation of a highway designated as a scenic byway;
(viii) such other matters as may be necessary or desirable to further the purposes of this program.
(b) To evaluate and recommend to the commissioner and the legislature amendments of the statutes and regulations relevant to the furtherance of a cohesive system of scenic byways.
3: The advisory board shall report to the governor and the legislature
1. The New York state scenic byways system is comprised of the following components:
(a) Adirondack Trail designated by section three hundred fortytwo-b of this chapter;
(b) Roosevelt-Marcy Memorial Highway as designated by section three hundred forty-two-e of this chapter;
(c) Şeaway Trail as designated by section three hundred forty-two-f of this chapter;
(d) Olympic Trail as designated by section three hundred forty-two-í of this chapter;
(e) Revolutionary Trail as designated by section three hundred fortytwo-j of this chapter;
(f) Black River Trail as designated by section three hundred fortytwo-k of this chapter;
(8) Military Trail as designated by section three hundred forty-two-1 of this chapter;
(h) Central Adirondack Trail as designated by section three hundred forty-two-m of this chapter;
(i) Dude Ranch Trail as designated by section three hundred fortytwo-n of this chapter;
(1) Champlain Trail' as designated by section three hundred forty-two-t of this chapter;
(k) the New York State Canal System as defined in the canal law; (1) the Hudson River Valley Greenway as defined in article forty-four of the environmental conservation law;
(m) highways designated as scenic roads pursuant to article forty-nine of the environmental conservation law;
(n) parkways as listed in the regulations of the commissioner of the office of parks, recreation and historic preservation pursuant to tion 13.03 of the parks, recreation and historic preservation law and similar highways operated and maintained by other state agencies.
2. As part of its reports to the governor and the legislature, the scenic byways advisory board shall recommend amendments to this article adding, deleting
modifying components of the New York state scenic byways system.
§ 2. This act shall take effect immediately.
AN ACT in relation to sewer rent revenues of the city of Salamanca,
Home Rule request pursuant to Article IX, section 2(b) (2) of the Con-
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding the provisions of any law to the contrary, any revenues derived from sewer rents and which have been credited to sewer rent fund in the city of Salamanca, Cattaraugus county, which are not needed and expended for the payments authorized by section 453 of the general municipal law may be transferred to the general fund of the city of Salamanca.
$ 2. This act shall take effect immediately.
AN ACT to amend the workers' compensation law, in relation to the
Passed by a majority vote, three-fifths being present.
Section 1. Paragraph (b) of subdivision 2-b of section 25 of the workers' compensation law as added by chapter 924 of the laws of 1990, is amended to read as follows:
(b) Each claim that is filed shall be reviewed for possible transfer to the conciliation bureau. Claims where the expected duration of benefits is eight weeks or less, shall be transferred to such bureau within thirty days of receipt of carriers response to notice of index required under this section [twenty-five of this article], except uncontested claims where there have been only temporary or minor in juries and where board appearance by the claimant is unnecessary. Such minor and uncontested claims shall be handled through a motion calendar as prescribed by the rules and regulations promulgated pursuant to this section.
§ 2. This act shall take effect immediately.
AN ACT to amend the social services law, the public health law, the
domestic relations law and the administrative code of the city of New
Passed by a majority vote, three-fifths being present.
as amended by chapter 836 of the laws of 1976, is redesignated section 372-f.
§ 2. Subdivision 4 of section 372-f of the social services law, as amended by chapter 611 of the laws of 1979 and such section as redesignated by section one of this act, is amended to read as follows:
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153 ; d of the
4. Each authorized agency shall refer to the adoption service, accompanied by a photograph and description, as shall be required by departmental regulations, each child in its care who has been legally freed for adoption and who has been in foster care for the period specified in subdivision one of this section and for whom no adoptive home has been found. If the child is fourteen years or older and will not consent to his or her adoption, such child need not be listed on the service. Such children's names shall be forwarded to the department by the authorized agency, with reference to the specific reason by which the child was not placed on the service. The department shall establish procedures for periodic review of the status of such children. If the department determines that adoption would be appropriate for
child not listed with the service, the agency
shall forthwith list the child. Each authorized agency may voluntarily refer any child who has been
been legally freed for adoption.
In addition, upon referral of a child by an authorized agency, the department may determine that the listing of child with the service is not in the child's best interests were: the child has been placed with a foster parent who has expressed an interest in adopting the child; the child has been placed with a relative within the third degree of consanguinity of the parents of the child and the child does not have a permanency goal of adoption; the agency has identified two or more potential placements for the child; or the child is not emotionally prepared for an adoptive placement. Any child who is not listed based on one of these factors and who is not placed in adoptive placement within six months of referral to the department must be listed with the service at the end of the six month period in accordance with regulations of the department except where the child is placed with a relative within the third degree of consanguinity of the parents of the child, in which case the department may determine that the listing continues to be contrary to the child's best interests. The department shall establish procedures for the periodic review of the status of such children.
§ 3. Paragraph (a) of subdivision 1 of section 453 of the social services law, as separately amended by chapters 451 and 463 of the laws of 1986, is amended to read as follows:
(a) A social services official shall make monthly payments for the care and maintenance of a handicapped or hard to place child whom [he] a social services official or voluntary authorized agency has placed out for adoption or who has been adopted, and who is residing in such social services district. Where a handicapped or hard to place child is placed in an adoptive placement outside the state, monthly payments for the
and maintenance of the child shall be made by the social services official placing the child or in whose district the voluntary authorized agency maintains its principal office. Such payments shall be made until the child's twenty-first birthday to persons with whom the child has been placed,
to persons who have adopted the child and who applied for such payments prior to the adoption, pursuant to, a written agreement therefor between such official or agency and such persons; provided, however, that an application may be made subsequent to the adoption if the adoptive parents first become aware of the child's physical or emotional condition or disability subsequent to the adoption and physician. certifies that the condition or disability existed prior to the child's adoption. The social services official shall consider the financial status
of such persons only for the purpose of determining the amount of the payments to be made, pursuant to subdivision three of this section. Upon the death of persons who have adopted the child prior to the twenty-first birthday of the child, such payments shall continue to the legal guardian of the child until the child shall attain the age of twenty-one.
§ 4. Subdivision 5 of section 453 of the social services law is repealed.
§ 5. Subdivision 4 of section 4138 of the public health law, as amended by chapter 898 of the laws
of 1983, is amended to read follows:
4. The commissioner may make a microfilm or other suitable copy of the
In such event, the original certificate and papers may be destroyed. All undestroyed certificates and papers
and copies thereof shall be confidential
the contents thereof shall not be EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law
released or otherwise divulged except by order of a court of competent jurisdiction or pursuant to section [forty-one hundred thirty-eight-b,] forty-one hundred thirty-eight-c or forty-one hundred thirty-eight-d of this article.
$ 6. Section 4138-b of the public health law is repealed.
S . The section heading and subdivision 2 of section 4138-c of the public health law, the section heading as amended by chapter 37
of 1985 and subdivision 2 as amended by chapter 751 of the laws of 1989, are amended to read as follows:
[Post-nineteen hundred eighty-four adoption] Adoption information registry.
2. The registry shall accept and maintain the verified registration transmitted by an agency pursuant to section forty-one hundred thirtyeight-d of this article, or
of an adoptee or of the parents of an adoptee whose consent to the adoption was required at the time of the adoption, or whose signature was required on an instrument of surrender to an authorized agency if such adoptee was born in this state but sooner than [twenty-one] eighteen years after the adoptee's birth; provided, however, that any person whose registration was accepted may withdraw such registration prior to the release of any identifying information. The adoptee registrant shall include as part of the registration the identification, including name and address, of known biologiçal siblings. The adopțee may upon registration or any time thereafter elect not to have release of information by the authorized agency involved in such adoption. The department shall establish a registration fee sufficient to recover search costs and use of registry costs. The department shall establish an authorized agency fee schedule for search costs and registry costs and services provided by such agency in gathering and forwarding information pursuant to this section. The fee schedule may
also include costs for disseminating information about the registry to the public. Such publications or brochures may include information as to identifying and monidentifying information, how to register and fees charged to the registrants, and any other information deemed appropriate.
§ 8. Paragraph (a), of subdivision 5 of section 4138-c of the public health law, as amended by chapter 37 of the laws of 1985, is amended to read as follows:
(a) If the department determines the adoptee is not in contact with a biological sibling under the age of [twenty-one] eighteen and that there is corresponding registration for the adoptee and for each of the parents whose consent to the adoption was required or whose signature was required on an instrument of surrender to an authorized agency, it shall notify the court wherein the adoption occurred and the department shall notify all such persons that a corresponding match has been made and request such persons final consent to the release of identifying information. § 9.
Subdivisions 2, 3 and 7 of section 4138-d of the public health law as amended by chapter 37 of the laws of 1985, are amended to read as follows:
2. The agency shall accept and maintain the verified registration of an adoptee or of the parents of an adoptee whose consent to the adoption required
of the adoption, or whose signature was required on an instrument of surrender to an authorized agency if such adoptee was born in this state but no sooner than [twenty-one] eighteen years after the adoptee's birth; provided however, that any person whose registration was accepted may withdraw such registration prior to the release of any identifying information.
3. Upon acceptance of a registration by an adoptee pursuant to this section, the agency shall search the records of the agency to determine whether the agency was involved in such adoption.
(a) If the agency determines that the agency was not involved in such adoption, it shall notify the registrant that no record exists of the adoption and refer the registrant to the department's adoption information registry operated pursuant to [sections forty-one hundred thirtyeight-b_and] section forty-one hundred thirty-eight-c of this article.
(b) If the agency determines that the agency was involved in such adoption, it shall transmit the registration to the adoption information registry operated by the department and the agency shall release the non-identifying information, as defined in section four thousand one hundred thirty-eight-c of this article, to the adoptee registrant. The agency may restrict the nature of the non-identifying
information released pursuant to this section upon a reasonable determination that