Imágenes de páginas
PDF
EPUB

interest by the director of the division of alcoholism and alcohol abuse provided by local governments having a population of one hundred twentyfive thousand or less as determined by the last preceding federal census, or by voluntary agencies pursuant to contracts with such local governments. Such state aid may also be granted to programs transferred from the task force on integrated projects for youth and chemical dependency. The director shall file a written explanation for such determination with the director of the division of the budget, chairman of the senate finance committee and chairman of the assembly ways and means committee. Such one hundred percent state aid shall also be provided to a voluntary agency pursuant to a direct contract between such agency and the division of alcoholism and alcohol abuse whenever such services provided pursuant to such direct contract are rendered in accordance with an approved local services plan for alcoholism and alcohol abuse preventive, rehabilitative and treatment services. 3. This act shall take effect immediately.

CHAPTER 356

AN ACT to amend the mental hygiene law, in relation to discharge of minors from alcoholism inpatient treatment facilities

Became a law July 17, 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. Section 21.07 of the mental hygiene law, as added by chapter 978 of the laws of 1977, is amended to read as follows:

21.07 Informal admission.

The director of any alcoholism facility may receive therein as a patient any person found by such director to be suitable for, and in heed of, such care and treatment and requesting admission thereto. Such person may be admitted as a patient without making formal or written application therefor, and any such person shall be discharged from such facility upon his request at any time after admission, except that minors shall be admitted and discharged in accordance with subdivisions (c), (d) and (e) of section 21.11 of this article.

Subdivision (c) of section 21. 11 of the mental hygiene law, as added by chapter 407 of the laws of 1982, is amended and two new subdivisions (d) and (e) are added to read as follows:

(c) Minors admitted without parental or guardian_involvement.

(1) If in the judgment of a physician, parental or guardian involveDent and consent would have a detrimental effect on the course of treatment of a minor who is voluntarily seeking treatment for alcohol abuse or alcoholism, or if a parent or guardian refuses to consent to such treatment and the physician believes that such treatment is necessary for the best interests of the child, such treatment may be provided to the minor by a licensed physician on an inpatient or outpatient basis, a staff physician in a hospital or persons operating under their supervision, without the consent or involvement of the parent or guardian. [The Binor shall be advised of the availability of the mental health information service for legal counsel, and shall be provided access to the service upon request. The minor shall be required to sign a form indicating that the treatment is being voluntarily sought, and that he has been advised of his ability to access the mental health information service. The signed form shall be included in the minor's medical record. ]

(2) Such physician shall fully document the reasons why the requirerents of subdivision (b) of this section were dispensed with in the minor's medical record.

(3) Admission and discharge shall be made in accordance with subdivisions (d) and (e) of this section.

(d) Admission procedures. (1) Each minor admitted for alcoholism treatment pursuant to this section shall be provided with written notice EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

regarding the availability of the mental hygiene legal service for legal counsel, and shall be provided access to the service upon request.

the

(2) A copy of the patient's rights established under this section and under section 21.03 of this article shall be given and explained to minor and to the minor's parent or guardian at the time of admission by the director of the facility or such person's designee.

(3) The minor shall be required to sign a form indicating that the treatment is being voluntarily sought, and that he has been advised of his ability to access the mental hygiene legal service and of his rights under this section and section 21.03 of this article. The signed form shall be included in the minor's medical record.

(4) At the time of admission, any minor so admitted shall be informed of his or her right to be discharged in accordance with the provisions of this section orally and in writing by the director of the facility or such person's designee.

(5) Emergency contacts. (i) At the time of admission, the minor's parent or guardian must provide the facility with a telephone number or numbers where he or she may be reached by the facility at any time during the day or night. In addition, such parent or guardian must also provide the facility with a name, address, and appropriate telephone number or numbers of an adult designated by such parent or guardian as an emergency contact person in the event the facility is unable to reach such parent or guardian.

(ii) If the minor is admitted in accordance with subdivision (c) of this section, the minor shall provide the name, address, and telephone number of an adult who may serve as an emergency contact and the facility shall verify the existence and availability of such contact upon

notice to the minor.

(6) Notice of admission and discharge procedures. (i) A copy of the facility's admission and discharge procedures shall be provided to the minor and to the minor's parent or guardian at the time of admission by the director of the facility or such person's designee. Such information shall also be mailed to the designated emergency contact person by regular mail.

(ii) If the minor is admitted in accordance with subdivision (c) of this section, a copy of the facility's admission and discharge procedures shall be provided to the minor. Such information shall also be mailed to the designated emergency contact person by regular mail.

(e) Discharge procedures. All minors admitted pursuant to this section shall be discharged in accordance with the following:

(1) Any minor admitted to an inpatient treatment facility has the right to be discharged in accordance with the provisions of this subdivision.

(2) If discharge is requested prior to completion of a minor's treatment plan, such minor must request discharge in writing.

(i) Upon receipt of any form of written request for discharge, the director of the facility in which the minor is admitted shall immediately notify the minor's parent or guardian. If the facility is unable to contact such parent or guardian within a reasonable time, or if the minor has been admitted pursuant to subdivision (c) of this section, the facility shall notify the designated emergency contact person.

(ii) The minor shall not be discharged from such facility until it is determined:

(A) that the safety and well being of such minor will not be threatened or the expiration of twenty-four hours, whichever is

or

sooner;

(B) until the parent, guardian, or designated emergency contact person has made appropriate and timely departure arrangements with the facility. However, unless otherwise directed by the minor's parent or guardian or designated emergency contact person pursuant to this subparagraph, such minor shall be discharged within twenty-four hours after submission of the request, exclusive of Saturdays, Sundays and public holidays. (iii) At the time of such request, the facility shall provide the

minor with a second copy of the form signed by such minor in accordance with paragraph three of subdivision (d) of this section.

(3) Writing materials for use in requesting a discharge shall be made available at all times to all minors admitted under this section. The staff of the facility shall assist such minors in preparing or submit ting requests for discharge.

§ 3. This act shall take effect 90 days after it shall have become a law.

CHAPTER 357

AN ACT to amend the public service law, in relation to permitting certain subsidiary corporations of gas, electric or steam corporations to own and operate additional facilities outside this state

The

Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1. Subdivision 4 of section 66-c of the public service law, as added by chapter 64 of the laws of 1991, is amended as follows:

4. A subsidiary corporation established pursuant to the authorization of subdivision two of this section may have as an additional purpose the ownership and/or operation, in whole or in part, of one or more facilities located outside this state for the production of electric power and/or thermal energy, together with any land, work, system, building, improvement, instrumentality or thing necessary or convenient to the construction, completion or operation of any such facility, including also such transmission or distribution facilities located outside this state as may be necessary to conduct electricity or useful thermal energy to users located at or near a project site. Except as expressly provided herein, nothing in this subdivision shall be construed to modify, alter, limit, restrict, abrogate or enlarge the application of any other provision of this section. For the purposes of this subdivision, the term "facilities located outside this state for the production of electrical power and/or thermal energy" shall mean and include each of the following:

(i) Any "small hydro facility" as defined in subdivision two-c of section two of this chapter;

(ii) Any solar, wind turbine, waste management resource recovery, refuse-derived fuel or wood-burning facility which produces electricity, gas or useful thermal energy; [and]

as a

(iii) Any facility which is fueled by coal, gas, wood, alcohol, solid waste refuse-derived fuel, water or oil to the extent oil is used backup fuel for such facility, and which simultaneously or sequentially produces either electrical or shaft horsepower and useful thermal energy which is used solely for industrial and/or commercial purposes; and

(iv) Any facility which is fueled by coal, gas, wood, alcohol, solid waste refuse-derived fuel, water or oil, and which produces electrical power, shaft horsepower or thermal energy which is used solely for industrial and/or commercial purposes.

§ 2. This act shall take effect immediately.

CHAPTER 358

AN ACT authorizing the town of Patterson, Putnam county to change the method in raising revenue for the cost of operating garbage district number one

The

Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1. Notwithstanding any other provision of law, the town of Patterson, county of Putnam is hereby authorized and empowered, by EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

resolution subject to a permissive referendum as provided by article seven of the town law, to adopt and provide for a change in the method in raising revenue for garbage district number one from a special ad valorem levy to a special benefit assessment. § 2. This act shall take effect immediately.

CHAPTER 359

AN ACT to authorize the village of Green Island, county of Albany, to discontinue the use of and sell certain park lands

Became a law July 17, 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 1. Notwithstanding the provisions of any general, special or local law to the contrary, the village of Green Island, county of Albany, acting by and through its board of trustees, is hereby authorized and empowered to discontinue the use as park lands and to sell and convey at public auction at fair market value, upon such terms and conditions as it shall deem appropriate, the lands described in section two of this act, which had been acquired, reserved or designated by the village for park and recreational purposes and are no longer used or useful for such purposes. Such village is authorized to execute and deliver a deed of conveyance of valid title in fee simple of such real property or any part thereof. The net proceeds attributable to the sale of such park lands shall be set aside and used by such village for the purchase of additional park lands and/or the improvement of the capital facilities of existing parks. § 2. The parcel of land to be conveyed pursuant to section one of this act is bounded and described as follows:

All that portion of Those certain Tracts Pieces or parcels of land, hereinafter designated and described as parcels Numbered One (1) Two (2) Three (3) Four (4) and Five (5) situate, lying and being in the Village of Green Island in the county of Albany and State of New York, shown and described on a certain Map entitled Survey of Parcels of Land in Village of Green Island, Albany County, State of New York; being Part of Lands of Tibbits Estate. This Survey & Map made by A. F. King, 3rd, C. E. Lic engineer & Surveyor June 17, 1938" which map was filed in Albany County clerks Office July 5, 1938 and to which Map reference is hereby made, said Tracts, pieces or parcels of land hereby conveyed being bounded and described on said Map as follows to wit;

Parcel Numbered Five (5)

Beginning at a square iron pin set in the ground in the northwest corner of lot numbered two hundred seventy six (276) at the point of intersection of the southerly line of Bleecker Street with the easterly line of Cohoes Avenue, which point of beginning is located sixty (60) feet easterly measured along the southerly line of said Bleecker Street, from a square iron pin set in the ground in the northeasterly corner of lot numbered three hundred twelve (312) at the point of intersection of the westerly line of Cohoes avenue, with said southerly line of Bleecker street, thence running from said point of beginning in a southerly direction along the easterly line of Cohoes Avenue and on an interior angle of Ninety (90°) degrees with the southerly line of Bleecker Street, a distance of two hundred seventy (270) feet to a square iron pin set in the easterly line of Cohoes Avenue at the point of intersection of the southerly line of lot Numbered two hundred sixty eight (268) and the northerly line of lot Numbered two hundred sixty seven (267 with said Avenue; thence easterly on an interior angle of ninety (90° degrees with the last described course, a distance of one hundred (100) feet to a square iron pin set in the southeasterly corner of said lot

Numbered two hundred sixty eight (268); thence northerly at an interior angle of ninety (90°) degrees with the last described course, and parallel to and with the said easterly line of Cohoes Avenue and one hundred (100) feet easterly therefrom a distance of one hundred fifty (150) feet to a square iron pin set in the ground in the northeasterly corner of lot Numbered two hundred seventy two (272); thence northerly parallel to and with the said easterly line of Cohoes Avenue and one hundred (100) feet, more or less, easterly there from a distance of one hundred twenty (120) feet to a square iron pin set in the said southerly line of Bleecker Street, as shown on said Map; thence westerly along the southerly line of Bleecker street, a distance of about one hundred (100) feet, to the point and place of beginning.

Said parcel No 5 being bounded westerly by the easterly line of Cohoes Avenue, two hundred seventy (270) feet, southerly by lot numbered two hundred sixty seven (267) of lands now or formerly of Green Island Construction co Inc. one hundred (100) feet; easterly by the westerly lines of lots Numbered 242 - 243 - 244 245 246 247 248 249 and 250 a total distance of two hundred seventy (270) feet as hereinbefore described and northerly by the southerly line of Bleecker Street one hundred (100) feet more or less.

[ocr errors]

Said area of land last above described embracing Lots Numbered 268 - 269 - 270 271 272 273 274 275 and 276 located on the easterly side of Cohoes Avenue and described on said King Map of June 17, 1938 hereinbefore mentioned.

Said Tracts, Pieces or Parcels of Land hereinbefore described and numbered one (1) to Five (5) both inclusive, being the same Tracts, Pieces or Parcels of Land shown and described on a certain Map entitled map of Lands belonging to the estate of George M. Tibbits located at Green Island and in the Town of Watervliet, dated January 1895 made by Nichols & Hicks Civil Engineers, Troy N. Y. which land herein described and conveyed is also set out and designated on certain other maps of Green Island N. Y. to which reference may be made.

3. This act shall take effect immediately.

CHAPTER 360

AN ACT approving the exchange of certain lands between the town of Arietta and the people of the state of New York

Became a law July 17, 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 1. Pursuant to section 1 of article 14 of the constitution, as amended at the general election held in November, 1991, the legislature approves the lands to be exchanged as specified in this act and finds and determines that the lands to be received by the state, described in section three of this act, are true forest lands and are at least equal in value to the lands to be conveyed by the state to the town of Arietta, described in section four of this act. The legislature further finds that all provisions and requirements of the constitution relating to this exchange have been met.

2. The commissioner of general services, after certification to him by the commissioner of environmental conservation that title to the lands described in section three of this act has vested in the people of the state of New York, shall issue letters patent to the town of Arietta of the lands described in section four of this act which letters patent shall contain the following covenants and restrictions:

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

« AnteriorContinuar »