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such written agreement shall not require repayment at any times or on any terms inconsistent with the New York state housing finance agency act (21038407)

..22,380,000

DEPARTMENT OF TRANSPORTATION

CANALS AND WATERWAYS (CCP)

250,000
Capital Projects Fund
Canals and Waterways Purpose
For the payment of any and all claims resulting from flood

damage in the vicinity of Lock C-12 of the Champlain
Canal in the village of Whitehall (17508416)

..250,000 This appropriation replaces the heretofore authorized transfer from the

special emergency appropriation contained in section two of chapter

50 of the laws of 1984. $ 13. Chapter five hundred twenty-nine of the laws of nineteen hundred eighty-four is amended by repealing the items hereinbelow set forth in brackets and by adding the other items italicized in this section.

AN ACT making appropriations, in relation to the damage caused by severe

storm systems in the southeastern [section] and southern tier sections of the state

are

is

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The legislature hereby finds and declares that because of the extensive damage and human suffering caused by severe storm systems during the period of March twenty-ninth to April sixth, nineteen hundred eighty-four and, August eleventh to August fourteenth, nineteen hundred eighty-four funds required, both state and federal, to assist in restoring the damaged areas to the predisaster condition.

$ 2. a. Notwithstanding the inconsistent provisions of any other law, the amounts of money specified in this section or so much thereof as may be necessary to accomplish the purposes designated by the appropriations are hereby appropriated for the purposes specified which shall provide the state and federal shares of the costs necessary and pertinent for assistance in the restoration of state, local and private property. The director of the budget is authorized to allocate the moneys appropriated herein to the various state departments and agencies and to its political subdivisions.

b. The sum of [two million six hundred thirty-three thousand three hundred dollars ($2,633,300)] eight hundred nine thousand dollars ($809,000), appropriated from the capital projects fund for the payment of the state's share of costs resulting from damages caused by the aforesaid severe storms to state property and to the property of its political subdivisions.

c. The sum of [thirteen million three hundred seventy-four thousand eight hundred dollars ($13,374,800)) two million four hundred five thousand dollars ($2,425,000),

is appropriated from the federal capital projects fund for the federal government's share of the costs resulting from the damages caused by the aforesaid severe storms to the property of the state, and its political subdivisions. The sums expended from this appropriation shall be limited to funds provided by the federal government.

The sum of [four hundred thousand dollars ($400,000)) five hundred eighty-seven thousand dollars ($587,000), is appropriated from the general fund - local assistance account for the repayment of an advance from the federal government to the state for the state's share of the costs of the individual and family grant program. e. The

of ten million nine hundred fifty thousand dollars ($10,950,000), is appropriated from the federal operating grants fund for the federal government's share of the local costs resulting from the damages caused by the aforesaid severe storms to the property of the state, and its political subdivisions. The sum expended from this app propriation shall be limited to funds provided by the federal government.

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f. The sum of one million eight hundred twenty-five thousand dollars ($1,825,000), is appropriated from the general fund local assistance account for the payment of the state's share of costs resulting from damages caused by the aforesaid severe storms to state property and to the property of its political subdivisions.'

No moneys shall be available for expenditure from these appropriations until a certificate of approval has been issued by the director of the budget and a copy of such certificate or any amendment thereto has been filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee.

§ 3. This act shall take effect immediately.

§ 14. Section two of chapter fifty-one of the laws of nineteen hundred eighty-four is amended by repealing the items hereinbelow set forth in brackets and by adding to such section the other items italicized in this section.

THE JUDICIARY

For services and expenses including travel outside the state in accordance with the following schedule

[603,845, 236] General Fund - State Purposes Account

611, 241, 236

SCHEDULE

110,167,078

611, 241, 236

EMPLOYEE FRINGE BENEFITS

..[102,771,078]
Total General Fund State Purposes Account

[603,845, 236]
Special Revenue Funds - Federal
Federal Operating Grants Fund - 290
Por services and expenses related to the New York Judicial

Records Disposition and Archives Development Project
$15. This act shall take effect immediately.

29,600

CHAPTER 11

AN ACT to amend a chapter of the laws of nineteen hundred eighty-five,

as proposed in Legislative bill number s. 3166 - A. 4100, relating to making deficiency appropriations for the support of government, in

Became a law July 16, 1985, 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.

People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. That part entitled "DEPARTMENT OF ENVIRONMENTAL CONSERVATION" of section two of a chapter of the laws of nineteen hundred eighty-five, proposed in legislative bill number S. 3166 A. 4100 relating to making deficiency appropriations for the support of governo ment, iš amended to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

as

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

SOLID WASTE MANAGEMENT PROGRAM
General Fund State Purposes Account

MAINTENANCE UNDISTRIBUTED

For services and expenses related to the proper closure of the Pennsyl

vania Avenue Landfill in the City of New York, including such testing and investigations as may be necessary to nominate such landfill for inclusion on the National Priority List pursuant to the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980 (PS 96-510). The Pennsylvania Avenue Landfill shall be closed not later than

than December 31, 1985 in accordance with a plan [submitted by New York City for the approval of] approved by the commissioner [not later than July 31, 1984)

350,000 ઉં . Sections fourteen and fifteen of such chapter of the laws of nineteen hundred eighty-five are renumbered sections fifteen and sixteen and a new section fourteen is added to read as follows:

§ 14. Section one of chapter fifty-one of the laws of nineteen hundred eighty-four is amended by repealing the items hereinbelow set forth in brackets and by

by adding to such section the other items set forth in italics in this section.

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For payment to members elected in any general election or special elec

ion of actual and necessary transportation expenses, and a per diem allowance of seventy-five dollars while in travel status in the performance of his or her duties within the state other than in a county having

a population in excess of seven hundred thousand or in a city having a population in excess of one million, and a per diem allowance of

hundred dollars while in travel status in the performance of his or her duties outside the state or within the state in a county having population in excess of seven hundred thousand or in a city having a population in excess of one million, and for payments of expenses incurred for such other offices for members as designated by the speaker, notwithstanding and unrestricted by the provisions of any general special law. Such payments including partial per diem alIowances shall be made pursuant to regulations promulgated by the speaker of the assembly, on audit and warrant of the comptroller on vouchers approved by the speaker of the assembly (including liabilities incurred prior to April 1, 1984)

1,987,308 S 3. This act shall take effect on the same date as such chapter of the laws of nineteen hundred eighty-five takes effect.

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CHAPTER 12

AN ACT to legalize,, validate, ratify and confirm proceedings and actions

of the Schuyler-Chemung-Tioga board of cooperative educational services, in relation to the number of members on such board and all actions taken thereby

Became a law March 19, 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. Legislative intent. It is the intent of the legislature to display its full support and recognition of the services of the board of

the Schuyler-Chemung-Tioga BOCES during the time since the year nineteen hundred sixty-nine while there have been nine members on the board. The BOCES has provided essential, requested services to the school districts in the BOCES region which have been exemplary, and provided within the intent of the education law authorizing these services. The services have been performed by a board composed of nine members, even though it appears that through administrative oversight in the year nineteen hundred sixty-nine the number of members was increased to nine by action taken at the annual BOCES meeting but without filing for the required approval of the commissioner of education. It is the intent of the legislature to insure that all actions taken by such board, and the number of members on the board be fully ratified so as to insure no action be taken against such board because of administrative oversight.

§ 2. All proceedings and actions heretofore taken by the board of cooperative educational services of Schuyler-Chemung-Tioga counties in relation to the number of persons serving, on such board and all actions taken by such board composed of nine members, are hereby legalized, validated, ratified and confirmed notwithstanding the failure of such board to receive approval of the commissioner of education before increasing, the number of persons serving on such board from five to nine during the year nineteen hundred sixty-nine as required pursuant to subdivision two-a of section nineteen hundred fifty of the education law.

§ 3. Notwithstanding the provisions of section two of this act nothing herein shall be construed to excuse the board from any and all legal responsibilities for which the board, as a corporate entity, has been or continues to be responsible.

§ 4. This act shall take effect immediately.

CHAPTER 13

AN ACT to amend the education law, in relation to selection of school

for attendance of children when school district line intersects property on which a dwelling is located

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Became a law March 26, 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. Subdivision one of section thirty-two hundred three of the education law is amended to read as follows:

1. The owner of taxable property that is so located that the boundary line between two school districts intersects (a) the dwelling said property or (b), in the case of an owner-occupied single family dwelling unit, the property on which the dwelling unit is located may designate the school in either of such districts to which the children lawfully residing in said dwelling on said property shall attend by filing with the district clerk of each of such districts a notice of such designation on or before August first in any year and thereafter or,

in the case of & single family unit, when such dwelling unit is built or when its owner-occupant's first child commences attending school from such residence and thereafter whenever the ownership of such taxable property changes hands in an arms length transaction or, likewise, the first child of its new owner-occupant first commences attending school from such residence and, until a subsequent designation shall

be

made and filed, such children shall be deemed to be resident children of the district' designated and shall be entitled to the school privileges of such district as resident pupils without the payment of tuition.

§ 2. This act shall take effect immediately.

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

to be omitted.

CHAPTER 14

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AN ACT to amend the criminal procedure law, the penal law and the exec; utive law, in relation to requiring victim impact statements

in appropriate cases and repealing subdivision three of section 390.30 of the criminal procedure law relating thereto Became a law March 26, 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 Assenbly, do enact as follows:

Section 1. Legislative findings. The legislature hereby finds and declares that it is the policy of this state to encourage restitution by a person convicted of a criminal offense to the victims of his or her criminal activities in appropriate cases and to the extent that the defendant is reasonably able to do so. This act shall be interpreted and administered to effectuate this policy.

§ 2. Subdivision three of section 390.30 of the criminal procedure law is repealed and a new subdivision three is added to read as follows:

3. The report and victim impact statement. (a) The report of the presentence investigation must contain an analysis of as much of the in-, formation gathered in the investigation as the agency that conducted the investigation deems relevant to the question of sentence. The report must also include any other informationt that the court directs to be included and the material required by paragraph (b) of this subdivision which shall be considered part of the report.

(b) When it appears that such information would be relevant to the recommendation or court disposition, the report shall also contain victim impact statement which shall include an analysis of the victim's version of the offense, the extent of in jury or economic loss or damage to the victim and the views of the victim relating to disposition including the amount of restitution sought by the victim, subject to availability of such information. In the case of a homicide or where the victim is unable to assist in the preparation of the victim impact statement, the information may be acquired from the victim's family. The victim impact statement shall be made available to the victim by the prosecutor pursuant to subdivision two of section 390.50 of this article. Nothing contained in this section shall be interpreted to require that victim supply information for the preparation of this report.

3. Section 390.30 of such law is amended by adding a new subdivision five to read as follows:

5. Information to be forwarded to the state division of probation. Investigating agencies under this article shall be responsible for the collection, and transmission to the state division of probation, of data on the number of victim impact statements prepared, pursuant to regulations of the division. Such information shall be transmitted to the crime victims board and included in the board's annual report pursuant to subdivision twenty of section six hundred twenty-three of the executive law.

§ 4. Subdivision two of section 390.50 of such law, as amended by chapter one hundred thirty-two of the laws of nineteen hundred eightyfour, is amended to read as follows:

2. Pre-sentence report; disclosure, victim access to impact statements; general principles. '(a) Not less than one court day prior to sentencing, unless such time requirement is waived by the parties, the presentence report or memorandum shall be made available by the court for examination and for copying by the defendant's attorney, the defendant himself, if he has no attorney, and [upon such examination the

prosecutor shall also be permitted to examine any copy the report or memoranda] the prosecutor. In its discretion, the court may except from disclosure part or parts of the report or memoranda' which are not relevant to a proper sentence ora, diagnostic opinion which might seriously disrupt a program of rehabilitation, or sources of information which have been obtained on a promise of confidentiality, or any other portion thereof, disclosure of which would not be in the interest of justice. In all cases where a part or parts of the report memoranda

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