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three by chapter 536 of the laws of 1982 to be paragraph (b) of subdivision 8 of section 2807-a and the trend factor for diagnostic and treatment centers shall be determined in accordance with rules and regulations promulgated pursuant to, paragraph (b) of subdivision 2 of section 2803 of the public health law as subsequently renumbered effective January first, nineteen hundred eighty-three by chapter 536 of the laws of 1982 to be subparagraph (ii) of paragraph (a) of subdivision ? of section 2803 of the public health law, nineteen hundred seventy-eight shall' mean nineteen hundred eighty-three, nineteen hundred seventy-nine shall mean nineteen hun dred eighty-three, nineteen hundred eighty shall mean nineteen hundred eighty-four, nineteen hundred eightyone shall mean nineteen hundred eighty-five, and nineteen hundred eighty-two shall mean nineteen hundred eighty-six. In the event that chapter 536 of the laws of 1982 is determined to no longer be in full force and effect, the renumbering, of the sections of law noted above shall also no longer be in full force and effect,

and the previous provisions of the public health law shall be deemed to be in full force and effect, but that the language relating to changing the meaning of the affected calendar years shall remain herein stated. Notwithstanding the above, paragraph (ç) of subdivision 2 of section 2807 of the public health law as added by chapter 904 of the laws of 1984, for the computation of rates of payment of general hospital emergency services, April first, nineteen hundred eighty-four shall mean April first, nineteen hundred eighty-five, and March thirty-first, nineteen hundred eighty-five shall mean March' thirty-first, nineteen hundred

hundred eighty-six. Notwithstanding any inconsistent provision of law, social services district shall alter, amend, adjust, otherwise change any existing rates, fees, fee schedules, contracts, agreements or procedures which may affect the cost of care or services provided by personal care providers, health maintenance organizations, out of state medical facilities which provide care and services to residents of the state, providers of transportation services, without prior approval of the department of social services and the director of the budget ...

$ 38,000,000 S 2. All expenditures made against this appropriation shall be transferred by the state comptroller as an expenditure the medical sistance program appropriation in the department of social services upon enactment of a chapter of the laws of nineteen hundred eighty-five titled "Aid to Localities State Agencies".

§ 3. This act shall take effect immediately provided, however, that this act shall cease to be in effect fourteen days subsequent to

the enactment of a chapter of the laws of nineteen hundred eighty-five entitled "Aid to Localities State Agencies".

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CHAPTER 18

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AN ACT making an appropriation for the support of government Became a law April 1, 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, also, pursuant to Article VII, section 5 of the Constitution, by two-thirds vote.

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

Section 1. Legislative intent. The legislature hereby finds and declares that the enactment of

appropriation provides sufficient authority to the comptroller for the purpose of making payments for per

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sonal services until such time as appropriation bills for the support of the government are enacted.

§ 2. The sum of one hundred sixty million dollars ($160,000,000), or so much thereof as may be necessary is hereby appropriated to the department of audit and control. Notwithstanding any other provision of law to the contrary, the comptroller is hereby authorized and directed to utilize this appropriation for the

purpose of making payments for personal service to be paid to state officers and ployees on April third, nineteen hundred eighty-five. No expenditures may be made from this appropriation until a certificate of approval where necessary, has been issued by the director of the budget and a copy of such certificate shall have been filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee (including liabilities

incurred prior to April 1, 1985).

... $160,000,000 5 3. All expenditures and disbursements made against this appropriation shall be transferred by the comptroller as expenditure and disbursement to all state departments, agencies and the legislature and the judiciary in an amount equal to the amount charged against this appropriation for each such department, agency and the legislature and the judiciary.

§ 4. This act shall take effect immediately and shall be deemed to have been in full force and effect April first, nineteen hundred eighty-five, provided, however, that no disbursement may be made against this appropriation after the date or dates that final action

is pleted' by the legislature on all of the appropriation bills submitted by the governor as certified by the director of the budget.

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CHAPTER 19

AN ACT creating the Volunteer and Exempt Firemen's Benevolent Association of Upper Mountain, Inc., and providing for its powers

and duties

Became a law April 2, 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. Incorporation; membership. A not-for-profit corporation by the name of the Volunteer and Exempt Firemen's Benevolent Association of Upper Mountain, Inc. in the town of Lewiston is hereby created. It shall be composed of such persons eligible to membership therein as hereinafter provided as shall (a) notify the secretary of the Upper Mountain Volunteer Fire Company, in writing prior to the organization meeting of such corporation hereinafter provided for of their desire to become mem

and aiso'such persons so eligible as may become members of such corporation, pursuant to its by-laws.

§ 2. Persons éligible to membership. All persons who are now or have been, or hereafter shall be active volunteer members of the Upper Mountain Volunteer Fire Company and who have heretofore acquired or shall hereafter acquire the status of exempt volunteer firemen as defined section two hundred of the general municipal law or any other applicable law by virtue of having rendered service in said fire company

in the town of Lewiston, and all persons who are now or hereafter shall be active volunteer members of said fire department shall be eligible for membership in the corporation hereby created; provided that any person who has been expelled or removed for cause from membership in any

fire department or company shall not be eligible to membership in such corporation. The membership of any person in such corporation shall terminate when his membership as an active volunteer member of the Upper Mountain Volunteer Fire Company shall terminate before such persons EXPLANATION—Matter in italics is new; matter in brackets [] is old law

to be omitted.

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shall have acquired the status of exempt volunteer firemen as defined in section two hundred of the general municipal law by virtue of having rendered services to such fire department.

§ 3. Purposes. The purposes of such corporation shall be the maintenance of suitable headquarters for, and the promotion of friendly, association for the betterment of the members of such corporation and their relations with the community, for the promotion of fraternal intercourse among the members of such corporation, to study and disseminate among the members of such corporation the most efficient manner of fighting fires, the relief, aid and assistance of such members and their families who are disabled or indigent and to acquire real and personal property such as

necessary

for the purposes herein set forth and the promotion of the welfare of the volunteer fire service within the territory now served or which may hereafter be served by the Upper Mountain Volunteer Fire Company.

$ 4. Powers and duties. Such corporation shall have all of the powers of a not-for-profit corporation, and the provisions of law relating to not-for-profit corporations shall apply to such corporation except where they conflict with the provisions of this act. However, unless the written approval of the state board of social welfare shall have first been obtained this corporation shall not establish and maintain any home institution which, if separately incorporated, would require the approval of such board.

§ 5. Organization meeting; by-laws. The secretary of the Volunteer and Exempt Firemen's Benevolent' Association of Upper Mountain, Inc. shall call a meeting for the organization of such corporation to be held not later than sixty days after this act takes effect, notice of which shall be given by him by posting or causing to be posted a notice thereof in five conspicuous places, within the territory protected by the Upper Mountain Volunteer Fire Company, and also by a publication of notice thereof in one or more newspapers having a general circulation within such territory, and such posting and publication shall be effected at least ten days prior to the date of such' meeting. At such meeting, or any adjournment thereof the members of such corporation present shall adopt by-laws and elect officers and trustees to serve until the first annual meeting which shall be held on a date to be fixed by the by-laws. Any member failing to comply with the by-laws, rules regulations duly adopted by such corporation shall be subject to suspension and expulsion in such manner as may be provided for in such by-laws. Any member who ceases to be such, voluntarily or otherwise, shall forfeit all interest in the property of such corporation.

Control and disposal of funds and property. The control and disposal of the funds, property and estate of the said association, the exercise of its powers, and management and control of its affairs shall be vested in and exercised by a board of trustees which shall consist of five members of such corporation, viz: the president, the vice president, the secretary, the treasurer and one other member having the title of trustee. Such' 'officers and trustees shall be elected at the annual meeting of such corporation in the manner prescribed by its by-laws.

§ 7. Precept for payment of foreign fire insurance premium taxes. Such corporation shall collect and there shall be paid to it all taxes imposed by section nine thousand one hundred four of the insurance law for fire department use and benefit upon premiums for insurance against loss or damage by fire covering property within the territory protected by Upper Mountain Volunteer Fire Company within the town of Lewiston located in Niagara county, New York. The officers of said corporation designated by its by-laws to collect and receive the aforesaid tax shall have all the powers and be subject to all the provisions of the insurance law, relating to treasurers of fire departments. Such corporation shall also be entitled to receive a share of the tax distributed pursuant to the provisions of section nine thousand one hundred five of the insurance law, based upon the business written in the territory with respect to which it is entitled to collect and receive the tax under section nine thousand one hundred four of the insurance law. Such taxes shall only be used for the care and relief of disabled indigent volunteer and exempt volunteer firemen and their families.

§ 8. This act shall take effect immediately, and shall apply to taxes due on premiums to be distributed on or after the first day of April, nineteen hundred eighty-five.

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CHAPTER 20

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AN ACT creating the Sanborn Volunteer and Exempt Firemen's Benevolent

Association, Inc., and providing for its powers and duties
Became a law April 2, 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. Incorporation; membership. A not-for-profit corporation by the name of the Sanborn Volunteer and Exempt Firemen's Benevolent Association, Inc. in the town of Lewiston is hereby created. It shall be composed of such persons eligible to membership therein hereinafter provided as shall'(a) notify the secretary of the Sanborn Fire Company, in writing prior to the organization meeting of such corporation hereinafter provided for of their desire to become members, or (b) shall attend such meeting or an adjournment thereof, and also such persons eligible as may become members of such corporation, pursuant to its bylaws.

§ 2. Persons eligible to membership. All persons who are now or have been, or hereafter shall be active volunteer members of the Sanborn Fire Company and who have heretofore acquired or shall hereafter acquire the status of exempt volunteer firemen as defined in section two hundred of the general municipal law or any other applicable law by virtue of having rendered service in said fire company in the town of Lewiston, and all persons who are now or hereafter shall be active volunteer members of said fire department shall be eligible for membership, in the corporation hereby created; provided that any person who has been expelled or removed for cause from membership in any fire department company shall not be eligible to membership in such corporation. The membership of any person in such corporation shall terminate when his membership as an active volunteer member of the Sanborn Fire Company shall terminate before such persons shall have acquired the status of exempt volunteer firemen as defined in section two hundred of the general municipal law by virtue of having rendered services to such fire department.

§ 3. Purposes. The purposes of such corporation shall be the maintenance of suitable headquarters for, and the promotion of friendly ciation for the betterment of the members of such corporation and their relations with the community, for the promotion of fraternal intercourse among the members of such corporation, to study and disseminate among the members of such corporation the most efficient manner, of fighting fires, the relief, aid and assistance of such members and their families who are disabled or indigent and to acquire real and personal property such as

necessary for the purposes herein set forth' and the promotion of the welfare of the volunteer fire service within the territory

now served which may hereafter be served by the Sanborn Fire Company.

§ 4. Powers and duties. Such corporation shall have all of the powers of a not-for-profit corporation, and the provisions of law relating to not-for-profit corporations shall apply to such corporation except where they conflict with the provisions of this act. However, unless the written approval of the state board of social welfare shall have first been obtained this corporation shall not establish and maintain any institution which, if separately incorporated, would require the approval of such board.

§ 5. Organization meeting; by-laws. The secretary of the Sanborn Volunteer and Exempt Firemen's Benevolent Association, Inc. shall call a meeting for the organization of such corporation to be held not later than sixty days after this act takes effect, notice of which shall be given by him by posting, or causing to be posted a notice thereof in five conspicuous places, within the territory protected by the Sanborn Fire Company and also by a publication of notice thereof in one or more newspapers having a general circulation within such territory, and such posting and publication shall be effected at least ten days prior to the date of sucho meeting. At such meeting or any adjournment thereof the members of such corporation present shall adopt by-laws and elect offiEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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LAWS OF NEW YORK, 1985

[Chap. cers and trustees to serve until the first annual meeting which shall be held on a date to be fixed by the by-laws. Any member failing to comply with the by-laws, rules or regulations duly adopted by such corporation shall be subject to suspension and expulsion in such manner as may be provided for in such by laws. Any member who ceases to be such, voluntarily or otherwise, shall forfeit all interest in the property of such corporation.

§ 6. Control and disposal of funds and property. The control and disposal of the funds, property and estate of the said association, the exercise of its powers, and management and control of its affairs shall be vested in and exercised by a board of trustees which shall consist of five members of such corporation, viz: the president, the vice president, the secretary, the treasurer and one other member having the title of trustee. Such officers and trustees shall be elected at the annual meeting of such corporation in the manner prescribed by its by-laws.

§ 7. Precept for payment of foreign fire insurance premium taxes. Such corporation shall collect and there shall be paid to it all taxes imposed by section nine thousand one hundred four of the insurance law for fire department use and benefit upon premiums for insurance against loss

damage by fire covering, property within the territory protected by Sanborn Fire Company within the town of Lewiston located in Niagara county, New York. The officers of said corporation designated by its bylaws to collect and receive the aforesaid tax shall have all the powers and be subject to all the provisions of the insurance law,, relating to treasurers of fire departments. Such corporation shall also be entitled to receive a share of the tax distributed pursuant to the provisions of section nine thousand one hundred five of the insurance law, based upon the business written in the territory with respect to which it is entitled to collect and receive the tax under section nine thousand hundred four of the insurance law. Such taxes shall only be used for the care and relief of disabled or indigent volunteer and exempt volunteer firemen and their families.

§ 8. This act shall take effect immediately and shall apply to taxes due on premiums to be distributed on or after the first day of April, nineteen hundred eighty-five.

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CHAPTER 21

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AN ACT to amend chapter three hundred sixty-three of the laws of

nineteen hundred eighty-two relating to incorporation of the Volunteer
and Exempt Firemen's Benevolent Association of Lewiston Fire Company
No. 2, Inc., in relation to membership and providing for the territory
to be protected
Became a law April 2, 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 Assem-
bly, do enact as follows:

Section 1. Sections two and seven of chapter three hundred sixty-three of the laws of nineteen hundred eighty-two relating to incorporation of the Volunteer and Exempt Firemen's Benevolent Association of Lewiston Fire Company No. 2, Inc. are amended to read as follows:

§ 2. Persons eligible to membership. All persons who are now or have been, or hereafter shall be active volunteer members of the fire department of the Lewiston Fire Company No. 2, Inc. in the town of Lewiston, county of Niagara, [or of any, fire corporation in the Lewiston Firé Protection Distirct in such town] and who have heretofore acquired or shall hereafter acquire the status exempt volunteer firemen defined in section two hundred of the general municipal law or any other applicable law by virtue of having rendered service in said fire department or fire company in such Lewiston_Fire Company No. 2, Inc., [or' in a fire corporation in the Lewiston Fire Protection District], and all per

who are now or hereafter shall be active volunteer members of said fire department shall be eligible for

membership in the corporation hereby created; provided that

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