disclosure of such non-identifying information would not be in the adoptee's or parent's best interest. 7. Upon receipt of identifying information from the department pursuant to section [four thousand one hundred thirty-eight-b and] four thousand one hundred thirty-eight-c of this article, the agency shall promptly release identifying information to all the registrants. Such identifying information shall be limited to the names and addresses of the registrants and shall not include any other information contained in the adoption or birth records or other records maintained by the agency. However, nothing in this section shall be construed to prevent the release of adoption records as otherwise permitted by law. § 10. Subdivision 9 of section 4138-d of the public health is repealed. 11. The second undesignated paragraph of section 114 of the domestic relations law, as amended by chapter 37 of the laws of 1985, is amended to read as follows: No person, including the attorney for the adoptive parents shall disclose the surname of the child directly or indirectly to the adoptive parents except upon order of the court. No person shall be allowed access to such sealed records and order and any index thereof except upon an order of a judge or surrogate of the court in which the order was made or of a justice of the supreme court. No order for disclosure or access and inspection shall be granted except on good cause shown and on due notice to the adoptive parents and to such additional persons as the court may direct. Nothing contained herein shall be deemed to require the state commissioner of health or his designee to secure a court order authorizing disclosure of information contained in adoption or birth records requested pursuant to the authority of [section forty-one hundred thirty-eight-b,] section forty-one hundred thirty-eight-c or section forty-one hundred thirty-eight-d of the public health law; upon the receipt of such request for information, the court shall transmit the information authorized to be released thereunder to the state commissioner of health or his designee. § 12. Subdivision c of section 17-167 of the administrative code of the city of New York is amended to read as follows: C. When a new birth record is made the department shall substitute such new record for the birth record then on file. The department shall place the original birth record and the proof, notification and papers pertaining to the new birth record under seal. Šeals shall not be broken except by order of a court of competent jurisdiction. Thereafter when a certified copy of the certificate of birth of such a person is issued, it shall be a copy of the new certificate of birth, except when an order of a court of competent jurisdiction shall require the issuance of copy of the original certificate of birth and provided further however, that information contained in the original certificate of birth shall be divulged to the state commissioner of health pursuant to section [fortyone hundred thirty-eight-b,] forty-one hundred thirty-eight-c or fortyone hundred thirty-eight-d of the public health law. § 13. This act shall take effect immediately. a CHAPTER 560 AN ACT to amend the environmental conservation law, in relation to fluke or summer flounder and weakfish and repealing subdivision 5 of section 13-0339 of such law relating thereto 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. Paragraph b of subdivision 3 of section 11-1319 of the environmental conservation law, as amended by chapter 322 of the laws of 1991, is amended to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [] is old law b. A person shall not possess on waters of the state nor the shores thereof, any species of fish (other than fish legally taken in a net [and in the case of bluefish] or fish legally taken by the holder of a license issued pursuant to section 13-0335 of this chapter) in excess of the number of such species which may be legally taken by one person in one day. § 2. Subdivisions 2 and 3 of section 13-0339 of the environmental conservation law, as amended by chapter 429 of the laws of 1990, are amended to read as follows: 2. Fluke or summer flounder (Paralichthys (Paralichthys dentatus) and southern flounder (Paralichthys lethostigma) less than fourteen inches in length, weakfish (Cynoscion regalis) less than [twelve] sixteen inches in length, Atlantic cod (Gadus morhua) less than nineteen inches in length, and winter flounder (Pseudopleuronectes] Pleuorenectes americanus) less than ten inches in length may not be taken by angling for recreational purposes. 3. Fluke or summer flounder (Paralichthys dentatus) and southern flounder (Paralichthys lethostigma) less than fourteen inches; blue fish (Pomatomus saltatrix) less than nine inches; porgy or scup (Stenotomus chrysops) less than seven inches; weakfish (Cynoscion regalis) less than [twelve] sixteen inches; mackerel (Scomber scombrus) less than seven inches; black sea bass (Centropristis striata) less than eight inches; Atlantic cod (Gadus morhua) less than nineteen inches; winter flounder ([Pseudopleuronectes] Pleuorenectes americanus) less than eleven inches, may not be taken or possessed for commercial purposes or transported for commercial purposes nor bought, sold or offered for sale. For purposes of this subdivision, commercial purposes includes use of any form of net, comb, dredge or hook and line, except angling. § 3. Subdivision 5 of section 13-0339 of the environmental conservation law is repealed. § 4. The environmental conservation law is amended by adding two new sections 13-0340-a and 13-0340-b to read as follows: § 13-0340-a. Weakfish (Cynoscion regalis). 1. No person, except a person who is the holder of a marine commercial food fish license issued pursuant to section 13-0335 of this title, shall take from the waters of the marine and coastal district more than six weakfish in any one day. A person may not possess on such waters or the shores thereof weakfish in excess of the number which may be legally taken by one person in one day. 2. If weakfish are filleted into two or more sections such fillets shall be deemed to be whole weakfish using a ratio of two fillets to one whole fish. If weakfish are filleted into one fillet, such fillet shall be deemed to be one whole weakfish. 3. No person, including persons who hold a license issued pursuant to section 13-0335 of this title, may possess more than six weakfish while aboard a vessel carrying passengers for hire for the purpose of fishing. 4. The department may, until April fifteenth, nineteen hundred ninetyfive, fix by regulation measures for the management of weakfish including size limits, catch and possession limits, open and closed seasons, restrictions on the manner of taking and landing, record keeping requirements, and reporting restrictions on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale, provided such regulations are consistent with the fishery_management plan for weak fish adopted by the Atlantic States Marine Fisheries Commission. § 13-0340-b. Fluke summer flounder (Paralichthys dentatus). 1. No person, except a person who is the holder of a marine commercial food fish license issued pursuant to section 13-0335 of this title, shall take from the waters of the marine and coastal district more than six fluke or summer flounder in any one day. A person may not possess on such waters or the shores thereof fluke or summer flounder in excess of the number which may be legally taken by one person in one day. 2. No person, including persons who hold a license issued pursuant to section 13-0335 of this title, may possess more than six fluke or summer flounder while aboard a vessel carrying passengers for hire for the purpose of fishing. 3. No person, except a person who is the holder of a license issued pursuant to section 13-0335 of this title, shall take, possess or land fluke or summer flounder from the marine and coastal district or possess fluke or summer flounder upon the waters or the shores thereof during the period October first through May fourteenth, inclusive. 4. The department may, until April fifteenth, nineteen hundred ninetyfive, fix by regulation measures for the management of fluke and summer flounder including size limits, catch and possession limits, open and closed seasons, restrictions on the manner of taking and landing, recordkeeping requirements, and reporting requirements on the amount and type of fishing effort and gear and requirements relating to transportation, possession and sale, provided such regulations are consistent with the fishery management plan for summer flounder adopted pursuant to the Federal Fishery Conservation and Management Act (16 U.S.C. §1800 et seq.) or by the Atlantic States Marine Fisheries Commission. The provisions of subdivisions one, two and three of this section shall not take effect until such time as the department has adopted rules and regulations as provided for in subdivision four of this section that impose a quota on the commercial catch and landings. § 5. This act shall take effect on September 1, 1992; provided that sections one, three and four shall take effect on January 1, 1993, provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of the foregoing sections of this act on their effective date is authorized and directed to be made and completed on or before such effective date. CHAPTER 561 AN ACT to amend chapter 972 of the laws of 1972 relating to creating a temporary state commission to study Tug Hill, in relation to continuing the existence of such commission 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. Chapter 972 of the laws of 1972 relating to creating a temporary state commission to study Tug Hill, section 1 as amended by chapter 365 of the laws of 1991, subdivisions 8 and 10 of section 2 as amended, section 1-a as added by chapter 722 of the laws of 1986, section 2 as added and sections 3, 6 and 7 as renumbered by chapter 954 of the laws of 1981, sections 4 and 5 as amended by chapter 601 of the laws of 1991 and section 6 as amended by chapter 807 of the laws of 1974, is amended to read as follows: Section 1. There is hereby created a temporary state commission to be known as the [temporary state commission on] Tug Hill commission, hereinafter referred to as the commission, to consist of nine members to be appointed as follows: three by the governor, three by the temporary president of the senate and three by the speaker of the assembly. All of the appointees of each such officer shall be residents of the Tug Hill [area] region, which includes, in Jefferson county, the towns of Adams, Champion, Lorraine, Rodman, Rutland, Watertown and Worth; in Lewis county, the towns of Denmark, Harrisburg, Lewis, Leyden, Lowville, Martinsburg, [Montaque] Montague, Osceola, Pinckney, Turin and West Turin; in Oneida county, the towns of Annsville, Ava, Boonville, Camden, Florence, Floyd, Forestport, Lee, Remsen, Steuben, Trenton, Vienna and Western; and in Oswego county, the towns of Albion, Amboy, Boylston, Constantia, Hastings, Orwell, Parish, Redfield, West Monroe and Williamstown. At least two commissioners shall be selected from each of the four counties respectively. The commission shall choose from among its members a chairman, vice-chairman and secretary, Vacancies in membership of the commission occurring from any cause shall be filled by the officer authorized to make the original appointment of the member whose office becomes vacant. § 1-a. The purpose of the commission shall be to enable local governments and private organizations, and individuals to shape the future of EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law the Tug Hill [area] region, and to demonstrate and communicate ways that this can be done by other rural areas. Commission programs will include, but not be limited to, the conservation and productive use of the natural resources of the region, and the strengthening of the long-term economy, employment, cultural and social resources, and the general well-being of the rural communities. § 2. The commission shall have the following powers: 1. To adopt and use a seal; to sue and be sued; to appoint and remove officers, agents and employees and determine their qualifications duties and compensation; to acquire, hold and dispose of personal property; to retain or employ counsel, private consultants, and independent contractors; to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this act. 15 2. To prepare, publish and disseminate information or reports to highlight for state agencies, local governments, and the general public sues, problems, and opportunities relevant to the Tug Hill [area] region to stimulate in concert with state and federal agencies and others. action by public and private organizations on [areawide] regionwide issues, problems and opportunities that affect the Tug Hill [area] region, with primary emphasis on possible solutions at the local level and with attention to the ways in which information developed and experience gained in the Tug Hill [area] region may be usefully shared elsewhere in New York state. 4. Το request and receive from any department, division, office board, bureau, commission, agency, or instrumentality of the state and from any political subdivision or agency thereof, such assistance and data as will enable it to conduct its studies and investigations hereunder. 5. To assist local [government] governments and other appropriate state and local organizations to plan and work for a positive future, and to do this, as far as possible, through intermunicipal cooperation;] and through technical assistance, including planning assistance, legal assistance, training [for local officials], citizen education and participation assistance, and assistance in preparation of grant applications to other entities. 6. To serve a coordinating role in utilizing the capabilities of other organizations to carry out the duties prescribed in this section. 7. To establish a central clearinghouse for technical studies, which may be used by members of the public, local governments, and state agencies in addressing state and [areawide] regionwide resource conservation and development issues. 8. To develop agreements with local, county, or regional agencies to provide staff services[, ]; through grants or contracts to help finance services for intermunicipal cooperation[,]; to provide planning services [through] in conjunction with county planning departments and regional planning boards, and to provide supplementary technical assistance and educational services through public or private groups. 9. To apply for and receive from the federal and state government and public and private agencies, funds to accomplish the purposes of the commission and to solicit, receive and utilize gifts and donations of any kind from any source. 10. Το assist municipalities in preparing and adopting comprehensive planning programs, including appropriate laws, ordinances and codes. 11. Το enter into agreements for the extension of its powers and duties to other local governments, in concert with local, state and federal agencies and others. 12. To lease and manage real property, solely for the purpose of providing for the official offices of said commission. § 3. The members of such commission shall receive no compensation for their services but shall be reimbursed for their expenses actually and necessarily incurred in the performance of their duties hereunder within the amount available therefor by appropriation. Notwithstanding any inconsistent provisions of law, general, special or local, no officer or employee of the state or of any civil division thereof, shall be deemed to have forfeited or shall forfeit his office or employment by reason of his acceptance of membership on such commission. § 4. The commission may report from time to time and shall make a report of its proceedings and recommendations to the governor and to the legislature annually on or before the thirty-first day of March, and a final report on or before the thirty-first day of March, [1992] 1995. § 5. Unless expressly extended by an act of law, the authority of the commission to provide services under this act shall terminate on August [1,1992] 1, 1995. All present terms of commission members expire at midnight on the thirty-first day of July, [1991] 1992. Commission members may continue to serve for a period not to exceed one year, or until an appointment is made by the officer responsible for such appointment whichever occurs first. All new terms shall expire on August [1, 1992] 1, 1995. § 6. The Tug Hill commission may offer from time to time suggestions to the [Eastern Ontario-St. Lawrence] St. Lawrence-eastern Ontario commission regarding those portions of the towns of Ellisburg and Henderson in Jefferson county and the towns of Richland and Sandy Creek in Oswego county it may regard as lying within the Tug Hill [area] region but the [Eastern Ontario-St. Lawrence] St. Lawrence-eastern Ontario commission need not adopt such suggestions in developing its plan for the [area] region under its jurisdiction. region. The Tug Hill commission staff shall be eligible for management/ confidential benefits as are available in subdivision 2 of section 11 of chapter 460 of the laws of 1982, as amended. [7] 8. This act shall take effect immediately. § 2. This act shall take effect immediately. CHAPTER 562 AN ACT to direct the commissioner of health to undertake a study on rebasing the reimbursement system for residential health care facilities 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. The commissioner of health, in consultation with consumers and state associations representative of nursing facilities, shall undertake a study of the fiscal and quality of care implications of updating the base year allowable operating costs utilized for the establishment of residential health care facility payment rates pursuant to title XIX of the federal Social Security Act. The study shall utilize: a. the operating costs of all residential health care facilities, or a statistically valid sample of residential health care facilities, from a cost reporting year subsequent to 1988; b. reweighted case-mix indices based upon updated data on the relative unit costs of labor inputs or, alternatively, case-mix indices developed as part of the Multistate Nursing Home Case-mix and Quality Demonstration (Resource Utilization Group, Version III (RUG-III) System); c. updated patient condition and resource need data from a time period contemporaneous with the cost data; and d. the rate-setting methodology in effect on the effective date of this act, as enumerated in subpart 86-2 of title 10 of the commissioner of health's rules and regulations, except for the operating cost basis and case-mix indices currently utilized therein. On or before October 1, 1992, the commissioner of health shall submit a report to the governor, the temporary president of the senate, the speaker of the assembly and the state hospital review and planning council, summarizing the results of the study and including related recommendations concerning the possible implementation of an update of the base year allowable costs, reweighted case-mix indices, and updated patient condition and resource needs data utilized for the establishment of residential health care facility rates pursuant to title XIX of the federal Social Security Act. § 2. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |
