7. This act shall take effect immediately, provided that, the provisions of sections two and four of this act shall be deemed to have been in full force and effect on and after July 24, 1986, the provisions of section three of this act shall take effect on July 1, 1993 and on such date section 5005 of the banking law, as added by section four of this act, shall be repealed]. $5. This act shall take effect immediately, provided, however, that sections one and two of this act shall be deemed to have been in full force and effect on and after May 3, 1989, and that sections three and four of this act shall be deemed to have been in full force and effect on and after June 30, 1989. CHAPTER 511 (See FISCAL NOTE at end of Chapter.) AN ACT to allow Mary Marianacci, an employee of the town of East Bloomfield, county of Ontario to obtain retroactive membership in Tier I of the state retirement system Became a law July 24, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) 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 ང. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, Mary Marianacci, who was employed on January 1, 1969 by the town of East Bloomfield in the county of Ontario, an employer which participates in the New York state and local employees' retirement system, who was actually on the payroll of such employer on January 1, 1969, who is a member of the New York state and local employees' retirement system and who, for reasons not_ascribable to her own negligence, did not become a member having Tier I status of such system prior tó July 1, 1973, may be deemed to have become a member of such system having Tier I status on or before May 31, 1973, as may be determined by the actual date such person became eligible for membership if, on or before December 31, 1992, such person shall file with the state comptroller a written request to that_effect_together with a resolution of the governing body of the town of East Bloomfield certifying that the said town will pay into the pension accumulation fund the contribution amount, as determined by the comptroller, necessary to pay the additional cost attributable to the operation of this act. § 2. This act shall take effect immediately. FISCAL NOTE. -This bill would deem Mary Marianacci, who was employed by the Town of East Bloomfield on January 1, 1969, to have become a member of the New York State and Local Employees' Retirement System having Tier 1 status as determined by the actual date she became eligible for membership. If this bill is enacted, there would be an immediate past service cost of approximately $5,400 which would be borne by the Town of East Bloomfield as a one-time payment. This estimate, dated March 11. 1992 and intended for use only during the 1992 Legislative Session, is Fiscal Note No. 92-216 prepared by the Actuary for the New York State and Local Employees' Retirement System. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 512 AN ACT to amend the public health law, in relation to allowing access to reports and information concerning sexually transmitted diseases Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 2306 of the public health law, the section heading as amended by chapter 878 of the laws of 1980, is amended to read as follows: § 2306. Sexually transmissible diseases; reports and information, confidential. All reports or information secured by a board of health or health officer under the provisions of this article shall be confidential except in so far as is necessary to carry out the purposes of this article. Such report or information may be disclosed by court order in a criminal proceeding in which it is otherwise admissible or in a proceeding pursuant to article ten of the family court act in which it is otherwise admissible, to the prosecution and to the defense, or in a proceeding pursuant to article ten of the family court act in which it is otherwise admissible, to the petitioner, respondent and law guardian, provided that the subject of the report or information has waived the confidentiality provided for by this section. A person waives the confidentiality provided for by this section if such person voluntarily discloses or consents to disclosure of such report or information or a portion thereof. If such person lacks the capacity to consent to such a waiver, his or her parent, guardian or law guardian may so consent. An order directing disclosure pursuant to this section shall specify that no report or information shall be disclosed pursuant to such order which identifies or relates to any person other than the subject of the report or information. § 2. This act shall take effect immediately. CHAPTER 513 AN ACT to amend the real property tax law, in relation to the entry of separate parcels on tax maps Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision 4 of section 504 of the real property tax law, as renumbered by chapter 1053 of the laws of 1960, is renumbered subdivision 5 and a new subdivision 4 is added to read as follows: 4. Whenever a map is filed with a county clerk, pursuant to article nine of the real property law, subdividing a tract of land, the assessor shall enter each lot on that map as a separate parcel on the next tentative assessment roll, unless the assessor determines the separate assessment of one or more lots to be impracticable. § 2. This act shall take effect immediately and shall apply to assess ment rolls with taxable status dates on or after the first day of January next succeeding the date on which it shall have become a law. CHAPTER 514 AN ACT to amend the education law, in relation to expanding the role of service centers for independent living in providing assistance to schools throughout the state Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision 1 of section 1121 of the education law, as amended by chapter 939 of the laws of 1986, is amended to read as follows: 1. A service center for independent living shall be a community based non-residential program designed to promote independent living for persons with disabilities. (a) Such center shall: [(a)] (i) be a private not-for-profit corporation, pursuant to subdivision five of paragraph a of section one hundred two of the not-forprofit corporation law; provided, however, that persons with disabilities comprise at least fifty-one percent of the membership of the of directors; board [(b)] (ii) be staffed by persons experienced in assisting persons with disabilities; [(c)] (iii) provide services designed to meet the needs of persons with disabilities, including such services as assisting persons with disabilities to obtain housing, employment referral, transportation referral, attendant care, independent living skills, peer counseling, advocacy services, job training, health care, homemaker services, and other such services as approved by the commissioner; [(d)] (iv) train personnel for the purpose of attendant care in assisting and serving persons with disabilities; and [(e)] (v) serve persons with disabilities. (b) Such center may also, but need not limit itself to, provide disability awareness programs, peer counseling, role modeling and any other appropriate services within elementary and secondary schools. § 2. This act shall take effect immediately. CHAPTER 515 AN ACT to amend the education law, the mental hygiene law and the social services law, in relation to establishing integrated employment opportunities for individuals with disabilities Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: em Section 1. Legislative intent. The legislature hereby finds and determines that new and evolving program initiatives designed to expand ployment opportunities in integrated settings for persons with severe disabilities need to be recognized, encouraged, and fully coordinated with the existing service delivery system. As these initiatives evolve, and as the number of persons with severe disabilities who obtain employment in integrated settings increases, it will become imperative to have in place a coordinated, flexible service delivery system capable of meeting the needs of, and expanding the options for persons with severe disabilities throughout the state. EXPLANATION-Matter in italics is new; matter in brackets [] is old law In recognition of the complexity of the task of developing comprehensive interagency cooperative agreements, the purpose of this act is to stimulate the continued growth of integrated employment programs for persons with severe disabilities while ensuring that linkages with existing support service programs, including sheltered workshops, day treatment programs and day services programs are created and preserved. It is the belief of the legislature that persons with severe disabilities should have as many viable employment options available as possible as well as all necessary ongoing support services, including long term follow up services for persons in supported employment, in order for them to lead fulfilling lives while benefitting, without interruption from the service delivery system they require for support. § 2. Subdivision 4 of section 1004-a of the education law is renumbered subdivision 6 and two new subdivisions 4 and 5 are added to read as follows: 4. The department is authorized to contract with such nonprofit organizations for the provision of vocational rehabilitation services which lead to sheltered employment. 5. The department shall assure that individuals in long-term sheltered employment operated by not-for-profit agencies are periodically reviewed to determine the feasibility of their employment, or training for employment, in integrated work settings and that maximum efforts toward such employment occur, whenever it is determined to be feasible. § 3. The education law is amended by adding a new section 1004-b to read as follows: to § 1004-b. Integrated employment opportunities for individuals with severe disabilities. 1. The department shall have the responsibility stimulate the development of programs intended to furnish opportunities for integrated employment including but not limited to, supported employment and paid competitive work, to individuals with severe disabilities, and to coordinate with state agencies responsible for furnishing necessary services to individuals with severe disabilities related to such opportunities. 2. State integrated employment implementation plan. a. The commissioner, in consultation with and with the agreement of the commissioners of mental health, mental retardation and developmental disabilities and social services shall develop a state interagency plan for the implementation of integrated employment opportunities for individuals with severe disabilities, including supported employment. Such plan shall be designed so as to ensure that the state's integrated employment efforts, including the supported employment program, are planned, developed and implemented comprehensively, with roles and responsibilities of the respective agencies well-defined. Such plan shall reflect the department's primary responsibility for the development of integrated employment opportunities for individuals with severe disabilities, including short-term and intensive supported employment services, as well as appropriate responsibilities for long term extended support services. Such plan shall specify the role and responsibilities of each such agency in assuring that: (i) services are provided fully and equitably; (ii) an array of services is established and appropriate procedures are developed to allow persons with severe disabilities timely access to appropriate support services; (iii) compatible definitions, program evaluation and accounting standards and reporting documents are implemented; (iv) services and eligibility requirements are integrated and coordinated between agencies, including the manner in which appropriate responsibilities for funding and administering both short-term intensive and long-term extended support services for supported employment are to be implemented; (v) funding sources are clearly defined and amounts are adequate to support persons with short-term intensive and long-term extended support needs; (vi) all necessary steps are taken to maximize the success and cost effectiveness of such programs and the potential of persons served by such programs; services is not broken for individuals placed in an integrated employment setting in the event such placement is interrupted; and (vii) continuity of support (viii) eligibility standards are consistent regarding the placement of individuals in integrated work settings, including supported employment and other competitive work placements. b. In addition, the plan shall address the manner in which continued support for current programs will be maintained; and establishment grants will be provided. Such establishment grants shall include, but not be limited to, special projects which enhance the provision of supported employment and new integrated employment program initiatives which would target individuals who have severe disabilities who have aged-out or have otherwise exited the school system. In addition, such grants may be used to provide additional resources to existing programs for the purposes of increasing the numbers of persons served who have been determined by the commissioner to have been unserved or underserved. Such grants may also be used for new programs for these populations. c. The commissioner, in consultation with the commissioners of the office of mental health, the office of mental retardation and developmental disabilities and the department of social services, shall develop an audit protocol to verify the actual costs of providing such programs. 3. Reporting. a. It shall be the primary responsibility of the commissioner to provide annual reports on the progress of achieving the components of the implementation plan as contained in subdivision two of this section. In addition, such reports shall include: (i) a current description of individuals served, and services and technical assistance provided; (ii) employment status of persons transitioned from sheltered workshops, special education programs, day treatment centers, and day services programs into integrated employment programs, including supported employment programs and other competitive work placements; (iii) incidence of persons in reverse transition between integrated employment programs, including supported employment programs and paid competitive work, and sheltered workshops, day treatment programs and day services programs; and (iv) number of persons for whom employment in an integrated work setting has been requested and who are waiting for placement. The commissioners of the office of mental health, the office of mental retardation and developmental disabilities, and the department of social services shall provide any information required to assist the commissioner in making such report. b. The implementation plan shall be transmitted to the state's board of regents, the governor, the temporary president of the senate, the speaker of the assembly and the senate committee on finance, the assembly committee on ways and means, the senate committee on education and the assembly committee on education on or before October first, nineteen hundred ninety-three with a report on the status of the implementation plan transmitted on or before October first of each succeeding year. § 4. Section 1002 of the education law is amended by adding four new subdivisions 11, 12, 13 and 14 to read as follows: ser 11. "Supported employment" means paid competitive work performed by individuals with severe disabilities who require intensive support vices to obtain such employment and extended support to sustain such employment, and which is performed in an integrated setting which provides regular interactions with individuals who do not have disabilities, other than paid caregivers. 12. "Supported employment services" means support services needed by individuals with severe disabilities to obtain and sustain supported employment. Such term shall also include transitional employment services for individuals with severe and persistent mental illness, as defined by the commissioner in consultation with the commissioner of the office of mental health. 13. "Paid competitive work", as used in the definition of supported employment pursuant to subdivision eleven of this section means work that is performed on a full-time or part-time basis, with a minimum expectation of averaging at least twenty hours per week as an employment goal, except that such requirement may be waived for good cause by the commissioner, and for which an individual is compensated in accordance with the federal fair labor standards act and the state department of labor wage and hour regulations. 14. "Individuals with severe disabilities" means persons for whom competitive employment has either not traditionally occurred or has been interrupted or intermittent as a result of having a permanent and substantially disabling physical, sensory, or mental condition. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |