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(2) No person shall operate a snowmobile upon public trails or lands while he has .10 of one per centum or more by weight of alcohol in his blood as shown by chemical analysis of his blood, breath, urine or saliva, made pursuant to the provisions of subdivision four of this section.

(3) No person shall operate a snowmobile upon public trails or lands

while he is in an intoxicated condition.

(4) No person shall operate a snowmobile upon public trails or lands while his ability to operate such vehicle is impaired by the use of a drug as defined by section one hundred fourteen-a of the vehicle and traffic law.

(5) No person shall operate a snowmobile while his ability to operate such vehicle is impaired by the combined effects of the consumption of alcohol and the use of one or more drugs as defined by section one hundred fourteen-a of the vehicle and traffic law.

(f) A violation of [paragraphs] paragraph b, c or d or subparagraph two, three, four or five of paragraph e of this subdivision shall be a misdemeanor and shall be punishable by imprisonment in a penitentiary or county jail for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.

§ 2. Subdivision 3, paragraph (a) of subdivision 4 and subdivision 6 of section 25. 24 of the parks, recreation and historic preservation law subdivision 3 and paragraph (a) of subdivision 4 as added by chapter 400 of the laws of 1973 and subdivision 6 as amended by chapter 932 of the laws of 1973, are amended to read as follows:

3. Every person operating a snowmobile on a street or highway or upon public trails or lands which has been involved in an accident or which is operated in violation of any of the provisions of this section shall, at the request of a police officer, submit to a breath test to be administered by the police officer. If such test indicates that such operator has consumed alcohol, the police officer may require such operator to submit to a chemical test in the manner set forth in subdivision four of this section.

(a) Any person who operates a snowmobile on a street or highway or upon public trails or lands in this state shall be deemed to have given his consent to a chemical test of his breath, blood, urine, or saliva for the purpose of determining the alcoholic or drug content of his blood provided that such test is administered at the direction of a police officer:

(1) having reasonable grounds to believe such person to have been operating a snowmobile in violation of subdivision one of this section and within two hours after such person has been placed under arrest for any such violation, or

(2) within two hours after a breath test, as provided in subdivision three of this section, indicates that alcohol has been consumed by such person and in accordance with the rules and regulations established by the police force of which he is a member.

6. (a) A snowmobile operator may be convicted of a violation of [paragraphs] paragraph (a), (b) or (c) of subdivision one, notwithstanding that the charge laid before the court alleged a violation of [paragraphs] paragraph (b) or (c) of subdivision one, and regardless of whether or not such conviction is based on a plea of guilty.

(b) A snowmobile operator may be convicted of a violation of subparagraph one, two or three of paragraph (e) of subdivision one of this section, notwithstanding that the charge laid before the court alleged a violation of subparagraph two or three of paragraph (e) of subdivision one of this section, and regardless of whether or not such conviction is based on a plea of guilty.

§ 3. Sections 120.03 and 125. 12 of the penal law, as separately amended by chapters 173 and 452 of the laws of 1990, are amended to read as follows:

§ 120.03 Vehicular assault in the second degree.

A person is guilty of vehicular assault in the second degree when: (1) with criminal negligence he causes serious physical injury to another person, and either

(2) causes such serious physical injury by operation of a vehicle in violation of subdivision two, three or four of section eleven hundred ninety-two of the vehicle and traffic law, or

(3) causes such serious physical injury by operation of a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section eleven hundred ninety-two of

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the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such serious physical injury, by operation of a snowmobile in violation of paragraph (b), (c) or (d) or subparagraph two, three, four or five of paragraph (e) of subdivision of section 25. 24 of the parks, recreation and historic preservation law or by operation of an all terrain vehicle as defined in paragraph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law and in violation of paragraph (b), (c) or (d) of subdivision one of section 25.24 of the parks, recreation and historic preservation law. Vehicular assault in the second degree is a class E felony.

§ 125. 12 Vehicular manslaughter in the second degree.

he:

A person is guilty of vehicular manslaughter in the second degree when

(1) commits the crime of criminally negligent homicide as defined in section 125. 10, and either

(2) causes the death of such other person by operation of a vehicle in violation of subdivision two, three or four of section eleven hundred ninety-two of the vehicle and traffic law, or

(3) causes the death of such other person by operation of a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such death, by operation of a snowmobile in violation of paragraph (b), (c) or (d) or subparagraph two, three, four or five of paragraph (e) of subdivision of section 25. 24 of the parks, recreation and historic preservation law or by operation of an all terrain vehicle in violation of section 25.24 of the parks, recreation and historic preservation law. Vehicular manslaughter in the second degree is a class D felony.

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§ 4. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.

CHAPTER 428

AN ACT to amend the public health law, the education law, the family court act and the insurance law, in relation to establishing an early intervention services program for infants, toddlers and their families and providing for the repeal of certain provisions upon upon expiration thereof

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. Legislative findings findings and declaration. The legislature hereby finds and declares that the provision of early intervention services to infants and toddlers with disabilities and their families will: (1) enhance the development of infants and toddlers with disabilities and minimize their potential for developmental delay;

(2) enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities;

(3) minimize the possibility that such infants and toddlers will be placed in institutions and will maximize the potential for their independent living in society;

(4) enhance the capacity of state and local agencies and service providers to identify, evaluate and meet the needs of historically underrepresented populations, particularly minority, low-income, innercity and rural populations; and

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

(5) reduce the educational costs to our society, including our state's schools, by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age.

The legislature further finds that New York state has established and funded extensive programs and services for infants and toddlers with disabilities and their families. However, the appearance of new disabilities and risk factors, the emergence of new technologies and alterations in family structure and workforce criteria necessitate the development of a more comprehensive service system that enhances the potential of all infants and toddlers with disabilities to develop into adults who are integrated into the workforce and community. Accordingly, the legislature finds that an early intervention program should be established to provide coordinated and comprehensive early intervention services to infants and toddlers with disabilities and their families recognizing the essential role of families in planning and implementing services for their infants and toddlers. This program will provide for a variety of services that will enhance the capacity of families to meet the developmental needs of their infants and toddlers § 2. Article 25 of the public health law is amended by adding a new title II-A to read as follows:

with disabilities.

TITLE II-A

EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS
WITH DISABILITIES AND THEIR FAMILIES

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2557.

2558.

2559.

Responsibilities of lead agency.

Coordinated standards and procedures.

Responsibility of municipality.

Early intervention coordinating council.

Local early intervention coordinating councils.
Payment methodology.

Administrative costs.

Financial responsibility and reimbursement.

Responsibility for certain temporary-resident infants and toddlers with disabilities.

Third party insurance and medical assistance program

payments.

2559-a. Transportation.

2559-b. Regulations.

§ 2540. Establishment of early intervention program. There is established an early intervention program under the administration of the commissioner.

§ 2541. Definitions. As used in this title the following terms shall have the following meanings, unless the context clearly requires

otherwise:

1. "Children at risk" means children who may experience a disability because of medical, biological or environmental factors which may produce developmental delay, as determined by the commissioner through regulation.

2. "Coordinated standards and procedures" means standards and procedures developed by state early intervention service agencies pursuant to section twenty-five hundred fifty-one of this title.

3. "Council" means the early intervention coordinating council established under section twenty-five hundred fifty-three of this title.

4. "Developmental delay" means that a child has not attained developmental milestones expected for the child's chronological age, as measured by qualified professionals using appropriate diagnostic instruments and/or procedures and informed clinical opinion, in one or more of

the

following areas of development: cognitive, physical, communication, social or emotional, or adaptive.

5. "Disability" means:

(a) a developmental delay; or

other

(b) a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, such as Down syndrome or chromosomal abnormalities, sensory impairments, inborn errors of metabolism or fetal alcohol syndrome.

an

6. "Early intervention official" means an appropriate municipal official designated by the chief executive officer of a municipality and appropriate designee of such official.

7. "Early intervention services" means developmental services that: (a) are provided under public supervision;

(b) are selected in collaboration with the parents;

(c) are designed to meet a child's developmental needs in any one or more of the following areas:

(i) physical development, including vision and hearing,

(ii) cognitive development,

(iii) communication development,

(iv) social or emotional development,

(v) adaptive development;

or

(d) meet the coordinated standards and procedures;

(e) are provided by qualified personnel;

(f) are provided in conformity with an IFSP;

(8) are, to the maximum extent appropriate, provided in natural environments, including the home and community settings where children without disabilities would participate;

(b) include, as appropriate:

(i) family training, counseling,

groups,

(ii) special instruction,

(iii) speech pathology and audiology, (iv) occupational therapy,

(v) physical therapy,

(vi) psychological services,

home visits and parent support

(vii) case management services, hereafter referred to as service coordination services,

(viii) medical services for diagnostic or evaluation purposes, subject to reasonable prior approval requirements for exceptionally expensive services, as prescribed by the commissioner,

(ix) early identification, screening, and assessment services,

(x) health services necessary to enable the infant or toddler to benefit from the other early intervention services,

(xi) nursing services,

(xii) nutrition services,

(xiii) social work services,

(xiv) vision services,

(xv) assistive technology devices and assistive technology services, (xvi) transportation and related costs that are necessary to enable a child and the child's family to receive early intervention services, and (xvii) other appropriate services approved by the commissioner. (i) are cost-effective.

8.

(a) "Eligible child" means an infant or toddler from birth through age two who has a disability; provided, however, that any toddler with a disability:

(i) who turns three years of age on or before the thirty-first day of August shall, if requested by the parent, be eligible to receive early intervention services contained in an IFSP until the first day of September of that calendar year; or

(ii) who turns three years of age on or after the first day of September shall, if requested by the parent and if already receiving services pursuant to this title, be eligible to continue receiving such services until the second day of January of the following calendar year.

(b) Notwithstanding the provisions of paragraph (a) of this subdivision, a child who receives services pursuant to section forty-four hundred ten of the education law shall not be an eligible child.

9. "Evaluation" means a multidisciplinary professional, objective assessment conducted by appropriately qualified personnel and conducted

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

pursuant to section twenty-five hundred forty-four of this title to determine a child's eligibility under this title.

10. "Evaluator" means a team of two or more professionals approved pursuant to section twenty-five hundred fifty-one of this title to duct screenings and evaluations.

con

11. "IFSP" means the individualized family service plan adopted in accordance with section twenty-five hundred forty-five of this title. 12. "Lead agency" means the department of health, the public agency responsible for the administration of the early intervention system in collaboration with the state early intervention service agencies.

13. "Municipality" means a county outside the city of New York or the city of New York in the case of a county contained within the city of New York.

14. "Parent" means parent or person in parental relation to the child. With respect to a child who has no parent or person in a parental relation, "parent" shall mean the person designated to serve in parental relation for the purposes of this title, pursuant to regulations of the commissioner promulgated in consultation with the commissioner of social services for children in foster care.

15. "Qualified personnel" means:

(a) persons holding a state approved or

recognized certificate,

license or registration in one of the following fields: (i) special education teachers;

(ii) speech and language pathologists and audiologists; (iii) occupational therapists;

(iv) physical therapists;

(v) social workers;

(vi) nurses;

(vii) dieticians or nutritionists;

(viii) other persons designated by the commissioner who meet requirements that apply to the area in which the person is providing early intervention services, where not in conflict with existing professional licensing, certification and/or registration requirements.

(b) persons holding a state approved license in one of the following fields:

(i) psychologists; or

(ii) physicians.

16. "Service coordinator" means a person who:

(a) meets the qualifications established in federal law and regulation and demonstrates knowledge and understanding of:

(i) infants and toddlers who may be eligible for services under this title;

(ii) principles of family-centered services;

(iii) part of the federal individuals with disabilities education act and its corresponding regulations;

(iv) the nature and scope of services available under this title; and (v) the requirements for authorizing and paying for such services and other pertinent information;

(b) is responsible for:

(i) assisting eligible children and their families in gaining access to services listed on the IFSP;

(ii) coordinating early intervention services with other services such as medical and health services provided to the child;

(iii) coordinating the performance of evaluations and assessments; (iv) participating in the development, monitoring and evaluation of the IFSP;

(v) assisting the parent in identifying available service providers; (vi) coordinating service delivery;

(vii) informing the family of advocacy services;

(viii) where appropriate, facilitating the transition of the child to other appropriate services; and

(ix) assisting in resolving any disputes which may arise between the family and service providers, as necessary and appropriate; and

(c) meets such other standards as are specified pursuant to section twenty-five hundred fifty-one of this title.

17. "State early intervention service agencies" means the departments of health, education and social services and the offices of mental health, mental retardation and developmental disabilities and office of alcoholism and substance abuse services.

18. "Year" shall mean the twelve-month period commencing July first unless otherwise specified.

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