training to such administrators, employees, volunteers [and], children and consultants. Standards developed pursuant to this subdivision shall, to the extent possible, be consistent with those promulgated by other state agencies for such purposes. (b) Such commissioner shall provide necessary assistance to the state commission on quality of care for the mentally disabled in the conduct of investigations pursuant to section 45.07 of this chapter, shall consider its recommendations for appropriate preventive and remedial action including legal actions, and shall provide or direct a residential facility licensed or operated by the office of mental retardation and developmental disabilities to provide written reports thereon to the commission as to the implementation of plans of prevention and remediation approved by such office. (c) Such commissioner shall provide for the development and implementation of a [corrective action] plan of prevention and remediation with respect to an indicated report of child abuse or maltreatment. Such action shall include: (i) within ten days of receipt of an indicated report of child abuse or maltreatment, development and implementation of a plan of [action] prevention and remediation to be taken with respect to [an individual employee or volunteer] a custodian or the residential facility in order to assure the continued health and safety of children and to provide for the prevention of future acts of abuse or maltreatment; and (ii) development and implementation of a plan of prevention and remediation, in the event an investigation of a report of alleged child abuse or maltreatment determines that some credible evidence of abuse or maltreatment exists and such abuse or maltreatment may be attributed in whole or in part to noncompliance by the facility with the provisions of this chapter or regulations of the office applicable to the operation of [a child care] such residential facility. Any plan of prevention and remediation required to be developed pursuant to paragraph (ii) of this subdivision by a facility supervised by the office shall be submitted to and approved by such office in accordance with time limits established by regulations of such office. Implementation of the plan shall be monitored by such office. In reviewing the continued qualifications of a [child care] residential facility or program for an operating certificate, the office shall evaluate such facility's compliance with plans of prevention and remediation developed developed and implemented pursuant to this subdivision. § 17. Subdivision 6 of section 29.29 of the mental hygiene law, as added by chapter 677 of the laws of 1985, is amended to read as follows: 6. Such commissioners shall promulgate regulations establishing standards for the protection of children in residential care from abuse and maltreatment, including procedures for: (a) consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, the review and evaluation of the backgrounds of and information supplied by any person applying to be an employee [or], a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references and relevant experiential and educational information and, sign a sworn statement whether, to the best of his or her knowledge, he or she has ever been convicted of a crime in this state or any other jurisdiction; (b) establishing for employees, minimal experiential and educational qualifications consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law; (c) assuring adequate and appropriate supervision of employees [and], volunteers and consultants; (d) demonstrating that appropriate action is taken to assure the safety of the child who is reported to the state central register as well as other children in care, immediately upon notification that a report of child abuse or maltreatment has been made with respect to a child's custodian in a [residental] residential facility; (e) removing a child when it is determined that there is risk to such child if he or she continues to remain in a residential facility; and (f) appropriate preventive and remedial action to be taken including legal action, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law. Such standards shall also establish as a priority that: em least (i) subject to the amounts appropriated therefor, administrators ployees, [and] volunteers and consultants receive training in at the following: child abuse prevention and identification, safety and security procedures, the principles of child development, the character istics of children in care and techniques of group and child management including crisis intervention, the laws, regulations and procedures governing the protection of children from abuse and maltreatment, and other appropriate topics provided, however, that such offices may exempt administrators and consultants from such requirements upon demonstration of substantially equivalent knowledge or experience; and (ii) subject to the amounts appropriated therefor, children receive instruction, consistent with their age, needs and circumstances as well as the needs and circumstances within the facility or program, in techniques and procedures which will enable such children to protect themselves from abuse and maltreatment. The commissioners shall take all reasonable and necessary actions to assure that employees [or], volunteers or consultants in residential care facilities are kept apprised on a current basis of all policies and procedures of the respective offices relating to the protection of children from abuse and maltreatment, and shall monitor and supervise the provision of training to such administrators, employees, volunteers [and], children and consultants. Standards déveloped pursuant to this Subdivision shall, to the extent possible, be consistent with those promulgated by other state agencies for such purposes. § 18. Subdivision 7 of section 29.29 of the mental hygiene law, as added by chapter 676 of the laws of 1985, is amended to read as follows: 7. Such commissioners shall provide necessary assistance to the state commission on quality of care for the mentally disabled in the conduct of investigations pursuant to section 45.07 of this chapter, shall consider its recommendations for appropriate preventive and remedial action including legal actions, and shall provide or direct a residential facility licensed or operated by the office of mental health or office of mental retardation and developmental disabilities to provide written reports thereon to the commission as to the implementation of plans of prevention and remediation. § 19. Subdivision 8 of section 29.29 of the mental hygiene law, as amended by chapter 719 of the laws of 1986, is amended to read as follows: 8. Such commissioners shall provide for the development and implementation of a [corrective action] plan of prevention and remediation with respect to an indicated report of child abuse or maltreatment. Such action shall include: (a),* within ten days of receipt of an indicated report of child abuse or maltreatment, development and implementation of a plan of [action] prevention and remediation to be taken with respect to [an individual employee or volunteer] a custodian or residential facility in order to assure the continued health and safety of children and to provide for the prevention of future acts of abuse or maltreatment; and (b) development and implementation of a plan of prevention and remediation, in the event an investigation of a report of alleged child abuse or maltreatment determines that some credible evidence of abuse or maltreatment exists and such abuse or maltreatment may be attributed in whole or in part to noncompliance by the facility with provisions of this chapter or regulations of the respective offices applicable to the operation of [a child care] such residential facility. Any plan of prevention and remediation required to be developed pursuant to paragraph (b) of this subdivision by a facility supervised by either office shall be submitted to and approved by such office in accordance with time limits established by regulations of such office. Implementation of the plan shall be monitored by such office. In reviewing the continued qualifications of a [child care] residential facility or program for operating certificate, the office having supervisory responsibilities shall evaluate such facility's compliance with plans of prevention and remediation developed and implemented pursuant to this subdivision. § 20. Paragraphs 2, 3 and 4 of subdivision (c) of section 45.07 of the mental hygiene law, as amended by chapter 719 of the laws of 1986, subparagraph e of paragraph 2 as amended by chapter 634 of the laws of 1988, are amended and a new paragraph 5 is added to read as follows: an 2. With respect to reports of abuse or maltreatment of children in residential care as defined in paragraph (g) of subdivision seven of section four hundred twelve of the social services law and made pursuant to title six of article six of such law except such facilities or pro* So in original. (Comma inadvertently added.) EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted. submitted together with the application. for the issuance of the commission. No further fee shall be paid 10. The commission, duly dated, and a certified or original copy of the application, and twenty dollars apportioned from the application fee plus interest as may be required by statute shall be transmitted by the county clerk to the secretary of state by the tenth day of the following month. 11. The secretary of state shall make a proper record of commissions transmitted to that office by the county clerk pursuant to the provisions of this section. 12. Except for changes made in an application for reappointment, the secretary of state shall receive a non-refundable fee of ten dollars for changing the name or address of a notary public. 13. The secretary of state may issue a duplicate identification card to a notary public for one lost, destroyed or damaged upon application therefor on a form prescribed by the secretary of state and upon payment of a non-refundable fee of ten dollars. Each such duplicate identification card shall have the word "duplicate" stamped across the face thereof, and shall bear the same number as the one it replaces. § 3. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law. CHAPTER 14 AN ACT to amend the public authorities law, in relation to the training in fire prevention and control required of bridge and tunnel officers and maintenance division employees of the Triborough bridge and tunnel authority Became a law March 13, 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 553-g of the public authorities law, as added by chapter 899 of the laws of 1990, is amended to read as follows: $553-8. Fire training. All persons appointed to the position of bridge and tunnel officer and maintenance division employees of the Triborough bridge and tunnel authority on or after the effective date of this section shall participate in a training course of at least [thirty] twenty-eight hours on the subject of fire prevention and control. The training courses shall be conducted by the Fire Academy of the New York city fire department. Such academy shall also administer any retraining or refresher courses attended by personnel of the authority. Any costs incurred by the city of New York for the aforementioned training shall be reimbursed by the authority. § 2. This act shall take effect immediately. CHAPTER 15 AN ACT to amend the mental hygiene law, in relation to the determination of the rent for a facility under receivership The Became a law March 13, 1992, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph 4 of subdivision (b) of section 31. 28 of the mental hygiene law, as added by chapter 863 of the laws of 1984, is amended to read as follows: (4) On the return of said order to show cause, determination shall have precedence over every other business of the court unless the court shall find that some other pending proceeding, having similar statutory precedence, shall have priority. The court may conduct a hearing at which all ́interested parties shall have the opportunity to present evi dence pertaining to the application. If the court shall find that the facts warrant the granting thereof, the court shall determine a fair monthly rental for the facility consistent with its usage as such facility, taking into account all relevant factors, including the condition of such facility, which amount shall, except in the case where the receiver is assuming an existing bona fide arm's length lease, not exceed, where applicable,] the amount which would be reimbursable to the facility under the medical assistance program for real property costs if each patient in the facility were a recipient of medical assistance. Such rental shall be paid by the receiver to the owner or owners of the facility for each month that the receivership remains in effect, provided, however, that nothing contained herein shall be construed to alter and diminish any rental obligation the operator may have under any currently valid lease. § 2. This act shall take effect immediately. CHAPTER 16 AN ACT to amend the not-for-profit corporation law, in relation to cemetery corporation charges Became a law March 13, 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. Clause B of subparagraph 3 of paragraph (e) of section 1509 of the not-for-profit corporation law, as added by chapter 426 of the laws of 1991, is amended to read as follows: B. An application setting forth the proposed amendment of, or addition to, the charges of a cemetery corporation shall be deemed to be approved for any cemetery corporation holding, including unrestricted funds, cash and investments totalling less than four hundred thousand dollars, if the board does not object to the proposed charges within sixty days following: (i) the date on which the application shall have been deemed to be complete or (ii) the date on which the requested information necessary to complete the application shall have been received, whichever is later. If the board objects to the proposed charges,, it shall notify the directors in writing with the reasons therefor, such notice to be mailed by registered or certified mail to the corporation at its principal office, not less than three business days before the end of such sixty day period. [The board may amend and approve the charge] If the board approves such amendment of or addition to the charges, it shall do so by order. § 2. This act shall take effect immediately. CHAPTER 17 AN ACT to amend the not-for-profit corporation law, in relation to judicial approval of certificates of incorporation for certain corpora tions The Became a law March 20, 1992, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph (a) of section 404 of the not-for-profit corporation law, as amended by chapter 847 of the laws of 1970, is amended to read as follows: (a) Every certificate of incorporation of a corporation classified as type B or type C under section 201 (Purposes) and every certificate of incorporation which includes among its purposes the formation of a trade EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted. thereto or business association shall have endorsed thereon or annexed the approval of a justice of the supreme court of the judicial district in which the office of the corporation is to be located. Ten days' written notice of the application for [such] approval of every certificate of incorporation that includes among its purposes the formation of a trade or business association, accompanied by a copy of the proposed certificate, shall be given to the attorney-general. § 2. This act shall take effect on the ninetieth day after it shall have become a law. CHAPTER 18 AN ACT to amend the public health law, in relation to the regulation of animal euthanasia Became a law March 20, 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. Paragraph (d) of subdivision 1 of section 3305 of the public health law, as added by chapter 619 of the laws of 1987, is amended to read as follows: (d) to a duly authorized agent of an incorporated society for the prevention of cruelty to animals or a municipal animal control facility for the limited purpose of buying, possessing, and dispensing to registered and certified personnel, sodium pentobarbital to euthanize animals, including but not limited to dogs and cats. The department shall, consistent with the public interest, register such duly authorized agent and such agent shall file, on a quarterly basis, a report of purchase, possession, and use of sodium pentobarbital, which report shall be certified by the society for the prevention of cruelty to animals or municipal animal control facility as to its accuracy and validity. This report shall be in addition to any other record keeping and reporting requirements of state and federal law and regulation. The department shall adopt rules and regulations providing for the registration and certification of any individual who, under the direction of the duly authorized and registered agent of an incorporated society for the prevention of cruelty to animals, or municipal animal control facility, uses sodium pentobarbital to euthanize animals, including but not limited to dogs and cats. The department may also adopt such other rules and regulations as shall provide for the safe and efficient use of sodium pentobarbital by incorporated societies for the prevention of cruelty to animals and animal control facilities. Nothing in this paragraph shall be deemed to waive any other requirement imposed on incorporated societies for the prevention of cruelty to animals and animal control facilities by state and federal law and regulation. § 2. This act shall take effect immediately. CHAPTER 19 AN ACT to amend the surrogate's court procedure act, in relation to eligibility for issuance of letters of administration The Became a law March 20, 1992, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision 4 of section 1418 of the surrogate's court procedure act is amended to read as follows: 4. A corporation incorporated within the territorial limits of the United States which is a sole or residuary legatee may act as administrator with will annexed although not specifically so authorized by its charter or by any provision of law. § 2. This act shall take effect immediately. |