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CHAPTER 43

AN ACT to amend the social services law, in relation to making a technical change with respect to children placed by a social services district in facilities licensed, operated, supervised or visited by the department of mental hygiene Became a law April 7, 1992, 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. Subparagraph 2, of paragraph (8) of subdivision 6 of section 398 of the social services law, as added by chapter 697 of the laws of 1991, is amended to read as follows:

(2) A social services district may place a child in its care and custody or its custody and guardianship in a home or facility operated or licensed by any office of the department of mental hygiene, subject to the relevant provisions of the mental hygiene law and the admission criteria of the facility. The director of the budget may authorize such transfers of appropriations under the provisions of section fifty of the state finance law as may be necessary to secure federal reimbursement for such placements.

§ 2. This act shall take effect immediately.

CHAPTER 44

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AN ACT to amend the civil practice law and rules, in relation to

personal service upon a state agency
Became a law April 7, 1992, 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 2 of section 307 of the civil practice law and rules, as added by chapter 290 of the laws of 1985, is amended to

read as follows:

2. In the event any provision of law shall [also] require personal service upon a specified officer of a state agency to effect service such agency [personal] such service shall [then also] be made by (1) delivering the summons to such officer or to the chief executive officer of such agency or to a person designated by such chief executive officer to receive service, or (2) by mailing the summons by certified mail, return receipt requested, to such officer or to the chief executive of ficer of such agency, and by personal service upon the state in the manner, provided by subdivision one of this section. Service by certified nail shall not be complete until the summons is received in a principal office of the agency and until personal service upon the state in the banner provided by subdivision one of this section is completed. For purposes of this subdivision, the term "principal office of the agency" 'shall mean the location at which the office of the chief executive of ficer of the agency is generally located. Service by certified mail shall not be effective unless the front of the envelope bears the legend "URGENT LEGAL MAIL" in capital letters. The chief executive officer of every such agency shall designate at least one person, in addition to himself or herself, to accept personal service on behalf of the agency. For purposes of this subdivision the term state agency shall be deemed to refer to any agency, board, bureau, commission, division, tribunal or other entity which constitutes the state for purposes of service under subdivision one of this section.

§ 2. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 45

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AN ACT to amend the general business law, in relation to permitting collateral loan brokers to receive a service charge no greater than five dollars Became a law April 7, 1992, 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. Subdivision 1 of section 44 of the general business law, as amended by chapter 76 of the laws of 1987, is amended to read follows:

1. Every such collateral loan broker shall at the time of each loan deliver to the person pawning or pledging any goods,, article or thing, a memorandum or note signed by him containing the substance of the entry required to be made in his book by, the last preceding section. Notwithstanding any general or special statutes, local laws and ordinances to the contrary, no collateral loan broker shall ask, demand or receive a service charge greater than [three] five dollars for any such memorandum or note, provided that for loans less than one hundred dollars а service charge not greater than (two] three dollars may be imposed[, and provided further that for loans less than fifty dollars a service charge not greater than one dollar may be imposed]. The holder of such memorandum or note shall be presumed to be the person entitled to redeem the pledge and the collateral loan broker shall deliver such article to the person so presenting such memorandum or note payment of principal and interest. Should such ticket be lost or mislaid the pawnor shall at once apply to the collateral loan broker, in which case it shall be the duty of the collateral loan broker to permit such person to examine his books, and on finding the entry for said ticket, note or memorandum so lost and upon his giving to the collateral loan broker an exact description of the article pawned the collateral loan broker shall issue second or stop ticket for the same, provided such person shall furnish to the collateral loan broker lost instrument bond in an amount equal to the fair market value of the pledge or, in the alternative, pay a lost ticket charge of one percent of the amount of the loan,

five dollars, whichever is greater. In case such pawnor neglects to so apply and examine said books and receive such memorandum or note in the manner above stated, the collateral loan broker will be bound to deliver the pledge to any person producing such ticket for the redemption thereof. This article is not to be construed as in any manner limiting or affecting such collateral loan broker's common law liability in

where goods are stolen or other legal defects of title exist in the pledgor.

& 2. This act shall take effect on the thirtieth day after it shall have become a law.

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CHAPTER 46

AN ACT to amend the education law, in relation to absentee ballots Became a law April 7, 1992, 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. Section 2018-b of the education law, as added by chapter 896 of the laws of 1990, paragraphs a, b and е of subdivision 2 and paragraph b of subdivision 7 as amended by chapter 136 of the laws of 1991, paragraph b of subdivision 6 as amended by chapter 506 of the laws of 1991, is amended to read as follows: 5 Ś .

2018-b. Absentee ballots for school district elections by poll registration. 1. Notwithstanding the provisions of sections two thousand

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fourteen and two thousand eighteen-a of this article, the trustees or the board of education of any school district which does not provide for the personal registration of voters for school district meetings and elections but which elects trustees or school board members pursuant to the provisions of [sections two thousand seven and] section two thousand thirteen and either section two thousand six section two thousand seven of this article, may by resolution adopted at a regularly scheduled meeting, provide for absentee ballots for the election of the trustees or members of the board and school district public library trustees, the adoption of the annual budget and school district public library budget and referenda. Such resolution shall take effect at the first such election held more than sixty days after its adoption and shall continue in effect for all such' elections until a subsequent resolution holding otherwise shall, in like manner, have taken effect.

2. a. An applicant for such an absentee ballot shall submit an application setting forth (1) his name and residence address, including the street and number, if any, or town and rural delivery route, if any; (2) that he is or will be, on the day of the school district election, a qualified voter of the school district in which he resides in that he is or will be, on such date, over eighteen years of age, a citizen of the United States and has or will have resided in the district for thirty days next preceding such date; (3) that he will be unable to appear to vote in person on the day of the school district election for which the absentee ballot is requested because he is, or will be on such day (a) a patient in a hospital, or unable to appear personally at the polling place on such day because of illness or physical disability or (b) because his duties, occupation, business, or studies will require him to be outside of the county or city of his residence such day, (C) because he will be on vacation outside the county or city of his residence on such day; or, (d) absent from his voting residence because he is detained in jail awaiting action by a grand jury or awaiting trial or is confined in prison after conviction for an offense other than felony. Such application must be received by the district clerk or designee of the trustees or school board at least seven days before the election if the ballot is to be mailed to the voter, or the day before the election, if the ballot is to be delivered personally to the voter.

b. (1) Where such duties, occupation, business, or studies are of such a nature as ordinarily to require such absence,, a brief description of such duties, occupation, business, or studies shall be set forth in such application.

(2) Where such duties, occupation, business, or studies are not of such a nature as ordinarily to require such absence, such application shall contain a statement of the special circumstances on account of which such absence is required.

Where the applicant expects in good faith to be absent on the day of the election because he will be on vacation elsewhere such

day, such application shall also contain the dates upon which he expects to begin and end such vacation, the place or places where he expects to be on

such vacation, the name and address of his employer, if any, and if self-employed, a statement to that effect.

where the absence is because of detention or confinement to jail, such application shall state whether the voter is detained awaiting tion of the grand jury or is confined after conviction for an offense other than a felony.

e. Where person is or would be, if he were a qualified voter, entitled to apply for the right to vote by absentee ballot under the provisions of this section, his spouse, parent or child, if a qualified voter and a resident of the same school district, shall be entitled to vote as an absentee voter upon personally making and signing an application in accordance with the preceding provisions of this subdivision and showing that he expects to be absent from the school district on the day of the school district election by reason of accompanying or being, with the spouse, child or parent who is or would be, if he were a qualified voter, so entitled to apply for the right to vote by absentee ballot, and, in the event no application is made by such spouse, child or parent, such further information as the clerk of the school district designée of the trustees or school board shall require.

f. Such application shall include the following statement to be signed by the voter. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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I hereby declare that the foregoing is a true statement to the best of my knowledge and belief, and I understand that if I make any material false statement in the foregoing statement of application for absentee ballots, I shall be guilty of a misdemeanor. Date

Signature of Voter 8

The clerk of the school district or a designee of the trustees or school board shall request registration lists from the board of elections pursuant to subdivision three of section 5-612 of the election law for those voters whose registration record has been marked "permanently disabled". An applicant whose ability to appear personally at the polling place of the school district of which he is a qualified voter is substantially impaired by reason of permanent illness or physical disability and whose registration record has been marked "permanently disabled" as determined by the board of elections pursuant to the provisions of this chapter and who has previously applied for an absentee ballot shall be entitled to receive subsequent absentee ballots pursuant to the provisions of this section without making, separate application for such absentee ballot, and the clerk of the school district or a designee of the trustees or school board shall send an absentee ballot to such voter at his last known address with a request to the postal authorities not to forward same but to return same in five days in the event that it cannot be delivered to the addressee. The clerk of the school district or a designee of the trustees or school board shall determine whether such ballot shall be sent by first class or by certified mail. All such ballots shall be mailed in the same manner as determined by the trustees or the board of education.

3. If, upon examining the application required under the provisions of subdivision two of this section, and upon such inquiry as it deems proper, the clerk of the school district or designee of the trustees or school board shall be satisfied that the applicant is a qualified voter of the district, and entitled to vote by absentee ballot, such clerk of the school district or designee of the trustees or school board shall cause to be issued or mailed to the applicant an absentee voter's ballot and the clerk of the school district or designee of the trustees or school board shall make an appropriate entry on the poll list pursuant to section two thousand twenty-nine of this article.

4. The clerk of the school district or a designee of the trustees or school board shall also mail an absentee ballot to every qualified voter otherwise eligible for such ballot, who requests an absentee ballot from such clerk or trustees or school board designee in a letter which is signed by the voter and received by the clerk or trustees or school board designee not earlier than the thirtieth day, nor later than the seventh day before the election for which the ballot is first requested and which states the address where the voter resides and to which the ballot is to be mailed. The clerk or designee of the trustees or school board shall enclose with such ballot a form of application for absentee ballot. The absentee ballot of a voter who requested such ballot by letter, rather than application, shall not be counted unless a valid application form, signed by such voter, is received by the clerk of the school district or designee of the trustees or school board with such ballot.

5. Ballots for absentee voters shall be, as nearly as practicable, in the same form as those to be voted at the district election;, if the vote at such election shall be by ballot, the absentee ballot shall conform to the regular ballot; if the vote of such election shall be by voting machine, the absentee ballot shall conform as closely as possible to the manner in which the names of the candidates, the

questions

and the propositions appear on the voting machines, except that the absentee ballot shall also contain a space for a write-in or write-ins. On the back of such absentee ballots shall be printed words "Official Ballot, Absentee Voter."

a. The clerk of the school district or designee of the trustees or school board shall enclose each absentee voter's ballot in envelope which shall be labelled:

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ELECTION MATERIAL
PLEASE EXPEDITE

On one side of such envelope shall be printed:

OFFICIAL BALLOT, ABSENTEE VOTER

for
School District Election

or

Name of Voter ..
Residence (street and number, if any)
City (or Town) of
County of .....
School District
School Election District (if applicable)

The date of the election and name of the school district shall be printed, and the name of the voter, residence, school district and school élection district (if applicable) shall be included.

b. On the reverse side of such envelope shall be printed the following statement:

STATEMENT OF ABSENTEE VOTER I do declare that I am a citizen of the United States, and will be at least eighteen years of age on the date of the school district election; that I will have been a resident of this state and of the school district and school election district, if any, shown on the reverse side of this envelope for thirty days next preceding the said election and that I am or on such date will be, a qualified voter of said school district; that I will be unable to appear personally on the day of said school district election at the polling place of the said district in which I am or will be a qualified voter because of the reason stated on my application heretofore submitted; that I have not qualified, or do I intend to vote,, elsewhere than as set forth on the reverse side of this envelope; that I have not received or offered, do not expect to receive, have not paid, offered promised to pay, contributed, offered or promised to contribute to another to be paid or used, any money or other valuable thing, as a compensation or reward for the giving or withholding of a vote at this school district election, and have not made any promise to influence the giving or withholding of any such votes; that I have not made or become directly or indirectly interested in any bet or wager depending upon the result of this school district election; and that I have not been convicted of bribery of any infamous crime, or, if so convicted, that I have been pardoned or restored to all the rights of a citizen, without restriction as to the right of suffrage, have received certificate of good conduct granted by the board of parole pursuant to the provisions of the executive law removing my disability to vote.

I hereby declare that the foregoing is a true statement to the best of my knowledge and belief, and I understand that if I make

any material false statement in the foregoing statement of absentee voter, I shall be guilty of a misdemeanor. Date ..

... Signature of Voter c. The envelope shall be gummed, ready for sealing, and shall have printed thereon,, on the side opposite the statement, instructions as to the duties of the voter after the marking of the ballot, which instructions shall include a specific direction stating that the envelope must reach the office of the clerk of the school district or designee of the trustees or school board not later than five P. M. on the day of the election in order that his vote may be canvassed.

d. A person who shall make any material false statement in the statement of the absentee voter appearing on the reverse side of the envelope as provided in this subdivision, shall be guilty of a misdemeanor.

a. The clerk of the school district or designee of the trustees or school board shall make a list of all persons to whom absentee voter's ballots, shall have been issued and maintain such list where it shall be available for public inspection during regular office hours until the day of the election. Any qualified voter may, upon examination of such list, file a written challenge of the qualifications as a voter of

any person whose

name appears on such list, stating the reasons for such challenge. Such written challenge shall transmitted by the cl EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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