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Cohen, and their associates and successors are hereby constituted a body corporate in perpetuity under the name of [the] The United Synagogue of [America) Conservative Judaism, and by said name shall possess all the powers which by the general corporation law and membership corporations law, are conferred upon nonstock corporations, and shall be capable of taking, holding and acquiring by deed, gift, purchase, bequest, devise or by judicial order or decree, any estáte real or personal, in trust or otherwise, which shall be necessary or useful for the uses and purposes of the corporation. Said corporation, hereby, created, shall however be subject to all of the provisions of the membership corporations law, so far as the same are applicable and not inconsistent with the provisions of this act.

§ 2. The objects of said corporation shall be: The advancement of the cause of Judaism in America and the maintenance of Jewish tradition in its historical continuity; to assert and establish loyalty to the Torah and its historical exposition; to further the observance of the Sabbath and the Dietary laws; to preserve in the service the reference to Israel's past and the hopes for Israel's restoration; to maintain the traditional character of the liturgy, with Hebrew as the language of prayer; to foster Jewish religious life in the home, expressed in traditional observances; to encourage the establishment of Jewish religious schools, in the curricula of which the study of the Hebrew language and literature shall be given a prominent place, both as the key to the true understanding of Judaism, and as a bond holding together the scattered communities of Israel throughout the world. It shall be the aim of [the] The United Synagogue of [America] Conservative Judaism, while not indorsing the innovations introduced by any of its constituent bodies, to embrace all elements essentially loyal to traditional Judaism and in sympathy with the purposes outlined above.

§ 2. This act shall take effect immediately.

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CHAPTER 579

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(See FISCAL NOTE at end of Chapter.)

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AN ACT to amend the retirement and social security law, in relation to

the definition of "former employer"
Became a law July 24, 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 Assem-
bly, do enact as follows:

Section 1. Subdivision f of section 210 of the retirement and social security law, as amended by chapter 812 of the laws of 1973, is amended to read as follows:

f. The term "former employer" means the state or a political subdivision, public corporation, school district, board of cooperative

educational services, county vocational education and extension board, or an agency or organization which contributes as a participating employer in

retirement system or pension plan administered by the state or any of its civil divisions, which directly paid the salary or compensation of a retired person

at

any time during the two years immediately preceding hiş retirement and who paid the salary on which the retiree's retirement allowance is based.

§ 2. This act shall take effect immediately. FISCAL NOTE. -This bill would amend the definition of "former employer" in Section 210 of the Retirement and Social Security Law to include the requirement that such employer have "paid the salary on which the retiree's retirement allowance is based."

If this bill is enacted, it would affect certain retirees who were employed by more than employer during the two years

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preceding their retirement. The amount of the resulting cost would depend on the amount of salary earned by such_retirees above the earnings limitation for particular year. This cost, if any, would be shared by the State of New York and all participating employers in the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System, and would be spread over the future working lifetimes of active members.

This estimate, dated June 24, 1992, and intended for use only during the 1992 Legislative Session, is Fiscal Note No. 92-378 prepared by the Actuary for the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System.

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AN ACT to amend the education law, in relation to extending eligibility

for regents awards for student-children of deceased and disabled
veterans to student-children who are dependents of step-parents
Became a law July 24, 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 Assem-
bly, do enact as follows:

Section 1. Subdivision 1 of section 668 of the education law, amended by chapter 467 of the laws of 1991, paragraph (b) as separately amended by chapters 467 and 685 of the laws of 1991, is amended to read as follows:

1. Period of military service. For a student to be eligible, the parent, or step-parent where the student is the dependent of the stepparent, (i) must have been a recipient of the armed forces expeditionary medal, the navy expeditionary medal or the marine

corps expeditionary medal for participation in operations in Lebanon from June first, nineteen hundred eighty-three to December first, nineteen hundred eighty-seven, in Grenada from October twenty-third, nineteen hundred eighty-three' to November twenty-first, nineteen hundred eighty-three, or in Panama from December twentieth, nineteen hundred eighty-nine to January thirty-first, nineteen hundred ninety, or (ii) must have served regular active duty (other than for training) in the armed forces of the United States during part of one of the following periods:

(a) April sixteen, nineteen hundred seventeen to November eleven, nineteen hundred eighteen.

(b) December seven, nineteen hundred forty-one to December thirty-one, nineteen hundred forty-six, or have been employed by the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard Department

of Commerce, or as a civil servant employed by the United States Army Transport Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transportation Ser; vice; and who served satisfactorily, as a crew member during the period of

armed conflict, December seventh, nineteen hundred forty-one, to August fifteenth, nineteen hundred forty-five, aboard merchant vessels in oceangoing,

foreign, intercoastal, or coastwise service as such terms are defined under federal law (46 USČA 10301 & 10501) and further to include near foreign" voyages between the United States and Canada, Mexico, or the West Indies via ocean routes, or public vessels in oceangoing service foreign waters and who has received a Certificate of Release or Discharge from Active Duty and a discharge certificate, or an Honorable Service Certificate/Report of Casualty, from the Department of Defense.

(c) June twenty-seven, nineteen hundred fifty to January thirty-one, nineteen hundred fifty-five.

(d) October one, nineteen hundred sixty-one to May seventh, nineteen hundred seventy-five.

(e) August two, nineteen hundred ninety to the end of hostilities in the Persian Gulf conflict.

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§ 2. Subdivision 2 of section 668 of the education law, as added by
chapter 942 of the laws of 1974, the opening paragraph amended by
chapter 844 of the laws of 1975 and paragraph (d) as amended by chapter
723 of the laws of 1985, is amended to read as follows:
2. Eligible groups.
Awards shall be made

to students [who have parents] each of whom has a parent with such service, or step-parent with such service where the student is the dependent of the step-parent, who:

(a) [were] was a legal [residents] resident of New_York state at the time of entry into military service or at the time of [their] his or her demise and who died or die while so serving, or as a result of injury or illness suffered or incurred during such military service; or

(b) [are] is an honorably discharged (veterans] veteran of the United States or [members] member of the armed forces of the United States, who [were residents] was a resident of the state at the time of [their his or her entry into the armed forces of the United States, and who [have] has a current disability of fifty percent or more as a result of an injury or illness which is incurred or was incurred during such military service; or

(c) [are] is now deceased, who [were residents] was a resident of this state at the time of [theirí his or her entry into the armed forces of the United States, and who at the time of [their] his or her demise had a disability to a degree of fifty percent or more as a result of an injury or illness which was incurred during such military service; or

(d) [are] is classified as a former prisoner of war, or as missing in action, who [have] has been so classified by the United States department of defense, who [were legal residents] was a legal resident of New York state at the time of entry into military service.

$ 3. This act shall take effect on the ninetieth day after it shall have become a law.

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CHAPTER 581

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in AN ACT to amend the public service law and the general business law,

relation to telemarketing and telephone solicitations Became a law July 24, 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. The public service law is amended by adding a new section 92-d to read as follows:

$ 92-d. Telephone solicitations. Each local exchange telephone company shall inform its customers of the provisions of section three hundred ninety-nine-p of the general business law, as it relates to the rights of consumers with respect to telemarketers and automatic

dialingannouncing devices, by means of;

1. Inserting a notice annually in the customers' billing statements; and

2. Publishing a notice in local telephone directories.

§ 2. Section 399-p of the general business law, as added by chapter 231 of the laws of 1988, is amended to read as follows: § 399-p. (Use] Telemarketing;

of automatic dialing-announcing devices and placement of consumer telephone calls. 1. Definitions. AS used in this section, the [term] following terms shall have the following meanings:

(a) "automatic dialing-announcing device" means any automatic equipment which incorporates a storage capability of telephone numbers to

be called [or a random or sequential number generator capable of producing numbers to be called) and is used, working alone or in conjunction with other equipment,

to disseminate a prerecorded message to the telephone number called without the use of an operator[.

2. As used in this section, the term];
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(b) "person" means any natural person, firm, organization, partnership, association or corporation, or other entity, whether for-profit or not-for-profit; (c) "consumer"

natural person who is solicited to purchase, lease or receive a good or service for personal, family household use;

(d) "consumer telephone call" means a call made to a telephone number by á telephone solicitor, whether by device, live operator, or any bination thereof, for the purpose of soliciting a sale of any consumer goods or services for personal, family or household purposes to the con

called, for the purpose of soliciting an extension of credit for consumer goods or services to the consumer called, or for the

purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services to the consumer called an extension of credit for such purposes; provided, however, that "consumer telephone call" shall not include a call made by a telephone corporation, as defined by subdivision seventeen of section two of the public service law, in response to a specific inquiry initiated by a consumer regarding that consumer's existing or requested telephone service; and (e) "telephone solicitor"

person who makes or causes to be made a consumer telephone call.

[3] 2. No person shall operate an automatic dialing-announcing device, nor place any consumer telephone call, except in accordance with the [provision] provisions of this section. The use of such device by any person, either individually or acting as an officer, agent, or

employee of

а person operating automatic dialing-announcing devices, is subject to the provisions of this section.

[4.] 3. Whenever telephone calls are placed through the use of an automatic dialing-announcing device, such device shall do all of the following:

(a) state at the beginning of the call the nature of the call and the name of the person or on whose behalf the message is being transmitted and at the end of such message the address, and telephone number of the person on whose behalf the message is transmitted, provided such disclosures are not otherwise prohibited or restricted by any federal, state or local law; and

(b) disconnect the automatic dialing-announcing device from the telephone line upon the termination of the call by either the person calling or the person called.

[5.] 4. No person shall operate an automatic dialing-announcing device which uses a random or sequential number generator to produce number to be called.

5. No automatic dialing-announcing device shall be used to call and no consumer telephone call shall be placed to an emergency telephone line including but not limited to any 911 or E-911 line, or any emergency line of any volunteer fire company or fire department; any emergency medical service, ambulance service, voluntary

ambulance service or hospital ambulance service as defined in section three thousand one of the public health law; any hospital, nursing home, or residential health care facility as defined in section twenty-eight hundred one of the public health law; any adult care facility as defined in section two of the social services law; or any law enforcement agency or to the telephone line of any quest room or patient room of any hospital, nursing home, or residential health care facility as defined in section

two

thousand eight hundred one of the public health law, or any adult care facility as defined by section two of the social services law. It shall not constitute a violation of this subdivision if the person who places such a call can affirmatively establish that the call was placed inadvertently despite good faith efforts on the part of such person to comply with the provisions of this section and such person has implemented a procedure to prevent subsequent calls from being placed to a particular prohibited telephone number.

6. A telephone solicitor shall not make a consumer telephone call to a consumer unless the telephone solicitor identifies the business on whose behalf the telephone solicitor is calling and the purpose of the call immediately after making contact with the consumer to whom the call is made. Nothing contained herein shall be deemed to limit, annul, alter, or affect the provisions of subdivision three of this section.

7. (a) Federal, state local municipalities, or any subdivision thereof, using an automatic dialing-announcing device for emergency purposes shall be exempted from the provisions of this section.

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(b) Notwithstanding the provisions of paragraph (a) of this subdivision, any entity which operates a telephone warning alert system which utilizes any such device for emergency purposes shall also be exempted from the provisions of this section.

[6] 8. Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjóin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice, that the defendant has, in fact, violated this section an injunction may be issued by such court or justice enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court

may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of subdivision three, four or five of this section has occurred, the court may impose a civil penalty of not more than two thousand dollars per call, up to

total of not more than twenty thousand dollars, for calls placed in violation of [this section] such subdivisions within a continuous seventy-two hour period. Whenever the court shall determine that a violation of subdivision six of this section has occurred, the court may impose a civil penalty of not more than two thousand dollars. In connection with any such proposed application, the attorney general is authorized to take proof and make determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.

[7] 9. In addition to the right of action granted to the attorney general pursuant to this section, any person who has received a telephone call in violation of subdivision three, four or five of this section may bring an action in his own name to enjoin such unlawful act or practice,

action to recover his actual damages or fifty dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated [this section] such subdivisions. The court may award reasonable attorney's fees to a prevailing plaintiff.

§ 3. Separability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered.

§ 4. This act shall take effect immediately, except that the provi-
sions of subdivision 6 of section 399-p of the general business law
added by section two of this act shall take effect on the one hundred
twentieth day after it shall have become a law; and the public service
commission shall promulgate, amend or repeal' any rules and regulations
necessary to implement the provisions of this act within

120 days
such effective date.

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CHAPTER 582

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

by terminally ill plaintiffs
Became a law July 24, 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 Assem-
bly, do enact as follows:

Section 1. The civil practice law and rules is amended by adding a new
rule 3407 to read as follows:
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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