Removes and updates outdated terminology and provisions of law; makes technical corrections thereto; removes certain provisions relating to subversive persons in public schools, registration of noncitizens during times of war, penalties for bringing a needy person into the state, references to the Grand Army of the Republic and United Spanish War Veterans, telegraphs and telegraph companies, fireproof booths for moving pictures, county tuberculosis hospitals, kinescopes and lantern slides, the Hudson River Railraod Company, freeholders or householders, microfilm deed indexes, drawing of certain maps with pen and india ink upon tracing cloth, sabbath breaking, and certain other outdated terms and provisions of law.
STATE OF NEW YORK
________________________________________________________________________
9423
2025-2026 Regular Sessions
IN ASSEMBLY
December 19, 2025
___________
Introduced by M. of A. BORES -- read once and referred to the Committee
on Governmental Operations
AN ACT to repeal certain provisions of the general business law, the
labor law, the civil service law, the domestic relations law, the
education law, the executive law, the railroad law, the social
services law, the workers' compensation law, the arts and cultural
affairs law, the county law, the public service law, the rapid transit
law, the retirement and social security law, the town law, the trans-
portation law, the transportation corporations law, the employers'
liability law, the judiciary law, the estates, powers and trusts law,
the agriculture and markets law, the public authorities law, the
debtor and creditor law and the Indian law, in relation to removing
outdated provisions of law; and to amend the domestic relations law,
the education law, the railroad law, the town law, the village law,
the judiciary law, the arts and cultural affairs law, the economic
development law, the general business law, the public lands law, the
public officers law, the public service law, the real property law,
the real property actions and proceedings law, the retirement and
social security law, the second class cities law, the state law, the
general municipal law, the personal property law, the transportation
corporations law, the transportation law, the vehicle and traffic law,
the workers' compensation law, the employers' liability law, the
public authorities law and the correction law, in relation to removing
outdated terminology and provisions of law and making technical
corrections thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 163 of the general business law is REPEALED.
2 § 2. Sections 203-a and 203-b of the labor law are REPEALED.
3 § 3. The closing paragraph of subdivision 1 of section 105 of the
4 civil service law is REPEALED.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14027-06-5
A. 9423 2
1 § 4. Section 13-aa of the domestic relations law is REPEALED.
2 § 5. Section 123 of the domestic relations law is REPEALED.
3 § 6. Section 221 of the domestic relations law, as amended by chapter
4 161 of the laws of 1971, is amended to read as follows:
5 § 221. Procedure. The petition shall allege that the [husband or wife]
6 spouse of such party has absented [himself or herself] themself for five
7 successive years then last past without being known to such party to be
8 living during that time; that such party believes such [husband or wife]
9 spouse to be dead; and that a diligent search has been made to discover
10 evidence showing that such [husband or wife] spouse is living, and no
11 such evidence has been found. The court shall thereupon by order require
12 notice of the presentation and object of such petition to be published
13 in a newspaper in the English language designated in the order as most
14 likely to give notice to such absent [husband or wife] spouse once each
15 week for three successive weeks; such notice shall be directed to the
16 [husband or wife] spouse who has so absented [himself or herself] them-
17 selves and shall state the time and place of the hearing upon such peti-
18 tion, which time shall be not less than forty days after the completion
19 of the publication of such notice; said notice must be subscribed with
20 the name of the petitioner and with the name of the petitioner's attor-
21 ney and with [his] the attorney's office address, specifying a place
22 within the state where there is a post-office. If in a city, said notice
23 must also set forth the street and street number, if any, of such attor-
24 ney's office address or other suitable designation of the particular
25 locality in which said office address is located. In addition to the
26 foregoing requirements said notice must be in substantially the follow-
27 ing form, the blanks being properly filled: "Supreme court,
28 ..........county. In the matter of the application of..........for
29 dissolution of [his or her] their marriage with........
30 To................: Take notice that a petition has been presented to
31 this court by............... , your [husband or wife] spouse, for the
32 dissolution of your marriage on the ground that you have absented your-
33 self for five successive years last past without being known to [him or
34 her] your spouse to be living and that [he or she] your spouse believes
35 you to be dead, and that pursuant to an order of said court, entered the
36 ......day of ......... , [19] 20..., a hearing will be had upon said
37 petition at the said supreme court, ...........term part..........., in
38 the ...............county court house, in the.......... state of New
39 York, on the................. day of ............. , [19] 20..., at
40 ........ o'clock in the ......... noon. Dated............; " and if
41 the court, after the filing of proof of the proper publication of said
42 notice and after a hearing and proof taken, is satisfied of the truth of
43 all the allegations contained in the petition, it may make a final order
44 dissolving such marriage.
45 § 7. Section 3022 of the education law is REPEALED.
46 § 8. Subdivision 1 of section 306 of the education law, as amended by
47 chapter 298 of the laws of 1957, is amended to read as follows:
48 1. Whenever it shall be proved to [his] their satisfaction that any
49 trustee, member of a board of education, clerk, collector, treasurer,
50 district superintendent, superintendent of schools or other school offi-
51 cer [is a member of an organization listed as subversive by the board of
52 regents pursuant to the provisions of section three thousand twenty-two
53 of this chapter, or] has been guilty of any wilful violation or neglect
54 of duty under this chapter, or any other act pertaining to common
55 schools or other educational institution participating in state funds,
56 or wilfully disobeying any decision, order, rule or regulation of the
A. 9423 3
1 regents or of the commissioner of education, said commissioner, after a
2 hearing at which the school officer shall have the right of represen-
3 tation by counsel, may, by an order under [his] their hand and seal,
4 which order shall be recorded in [his] their office, remove such school
5 officer from [his] their office.
6 § 9. Section 704 of the education law is REPEALED.
7 § 10. Section 4109 of the education law is REPEALED.
8 § 11. Section 4111 of the education law is REPEALED.
9 § 12. Section 8 of the executive law is REPEALED.
10 § 13. Section 206 of the railroad law is REPEALED.
11 § 14. Section 207 of the railroad law is amended to read as follows:
12 § 207. Railroads in parks in New York city, by whom constructed.
13 Whenever any railroads shall be constructed in the city of New York,
14 under the provisions of the preceding [six] five sections, such rail-
15 roads shall be constructed by the department of public parks of said
16 city with the concurrence of the sinking fund commissioners of said
17 city.
18 § 15. Section 149 of the social services law is REPEALED.
19 § 16. Subdivisions 12 and 13 of section 64 of the town law, subdivi-
20 sion 12 as amended by chapter 658 of the laws of 2004, and subdivision
21 13 as amended by chapter 328 of the laws of 2005, are amended to read as
22 follows:
23 12. Appropriations for Independence day, Memorial day, Columbus day
24 and Veterans day. Any town may appropriate annually such sums as it may
25 deem appropriate for the purpose of defraying the expenses of the proper
26 observance of Independence day, Memorial or Decoration day, Columbus day
27 and Veterans day in such proportion as it may determine. Any town of the
28 first class, or, any town having a population of five thousand inhabit-
29 ants or more, excepting any such town having a population of two hundred
30 twenty-five thousand inhabitants or more, according to the latest feder-
31 al census, in which one or more posts, camps or chapters of the [Grand
32 Army of the Republic, the United Spanish War Veterans, the] Veterans of
33 Foreign Wars, the Jewish War Veterans of the United States, Inc., the
34 Catholic War Veterans, Inc., the Italian American War Veterans of the
35 United States, Incorporated, the Polish Legion of American Veterans,
36 Inc., the Marine Corps League, the Military Order of the Purple Heart,
37 Inc., the American Legion, the Disabled American Veterans, AMVETS, Amer-
38 ican Veterans of World War II, Masonic War Veterans of the State of New
39 York, Inc., Veterans of World War I of the United States of America
40 Department of New York, Inc., China-Burma-India Veterans Association,
41 Inc., Polish-American Veterans of World War II, Amsterdam, N. Y., Inc.,
42 Polish-American Veterans of World War II, Schenectady, N. Y., Inc., the
43 Sons of Union Veterans, Vietnam Veterans of America, World War Veterans
44 Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans Association
45 exists, may appropriate annually an amount not to exceed five thousand
46 dollars for such purpose, and any town having a population of two
47 hundred twenty-five thousand inhabitants or more, according to the
48 latest federal census, in which one or more such posts, camps or chap-
49 ters exists may annually appropriate an amount not to exceed five thou-
50 sand dollars for such purpose, and any town which has a population of
51 five hundred thousand inhabitants or more, according to the latest
52 federal census, in which one or more such posts, camps or chapters
53 exists may annually appropriate an amount not to exceed ten thousand
54 dollars for such purpose. Any moneys appropriated pursuant to the
55 provisions of this subdivision shall be a general town charge, except
56 that in any town having a population of two hundred twenty-five thousand
A. 9423 4
1 inhabitants or more there shall be a charge on that portion of the town
2 outside of any village therein and shall be assessed, levied and
3 collected from real property outside of any such village. Such sum when
4 collected shall be paid to the supervisor of such town and be disbursed
5 by [him] such supervisor in such manner as the town board of such town
6 may direct upon vouchers properly receipted and audited by the town
7 board of such town; except that in any town in which there may be a
8 post, camp or chapter of the [Grand Army of the Republic, the United
9 Spanish War Veterans, the] Veterans of Foreign Wars, the Jewish War
10 Veterans of the United States, Inc., the Catholic War Veterans, Inc.,
11 the Italian American War Veterans of the United States, Incorporated,
12 the Polish Legion of American Veterans, Inc., the Marine Corps League,
13 the Military Order of the Purple Heart, Inc., the American Legion, the
14 Disabled American Veterans, AMVETS, American Veterans of World War II,
15 Masonic War Veterans of the State of New York, Inc., Veterans of World
16 War I of the United States of America Department of New York, Inc.,
17 China-Burma-India Veterans Association, Inc., Polish-American Veterans
18 of World War II, Amsterdam, N. Y., Inc., Polish-American Veterans of
19 World War II, Schenectady, N. Y., Inc., the Sons of Union Veterans,
20 Vietnam Veterans of America, World War Veterans Club of Lindenhurst,
21 Inc. or the Eastern Paralyzed Veterans Association, in any such town,
22 the commanders and quartermasters of such posts, camp or chapter may
23 direct the manner and extent of such observance and the supervisor shall
24 pay the expenses thereof upon the order or orders of the commander or
25 quartermaster of such post, camp or chapter, which orders shall be [his]
26 their vouchers for such payment, and in case there may be two or more
27 posts, camps or chapters of the [Grand Army of the Republic, the United
28 Spanish War Veterans, the] Veterans of Foreign Wars, the Jewish War
29 Veterans of the United States, Inc., the Catholic War Veterans, Inc.,
30 the Italian American War Veterans of the United States, Incorporated,
31 the Polish Legion of American Veterans, Inc., the Marine Corps League,
32 the Military Order of the Purple Heart, Inc., the American Legion, the
33 Disabled American Veterans, AMVETS, American Veterans of World War II,
34 Masonic War Veterans of the State of New York, Inc., Veterans of World
35 War I of the United States of America Department of New York, Inc.,
36 China-Burma-India Veterans Association, Inc., Polish-American Veterans
37 of World War II, Amsterdam, N. Y., Inc., Polish-American Veterans of
38 World War II, Schenectady, N. Y., Inc., the Sons of Union Veterans,
39 Vietnam Veterans of America, World War Veterans Club of Lindenhurst,
40 Inc. or the Eastern Paralyzed Veterans Association, in any such town,
41 the commanders and quartermasters of such posts, camps or chapters by
42 concurrent action, shall direct the supervisor of such town what propor-
43 tion of such moneys so raised shall be expended by each of such posts,
44 camps or chapters which proportion shall be paid by such supervisor upon
45 the order or orders of the commander and quartermaster of each of such
46 posts. In case there is a post, camp or chapter in a town adjoining a
47 town in which no post, camp or chapter is located, whose membership
48 includes at least three residents of such town having no post, camp or
49 chapter, the post, camp or chapter shall appoint a committee of not less
50 than three of its members who are residents of the said adjoining town
51 in which the post, camp or chapter is not located, and the supervisor of
52 said town shall pay the expenses of observance of Independence day,
53 Memorial or Decoration day and Veterans day upon the order or orders of
54 said committee or a majority thereof, which orders shall be [his] their
55 vouchers for such payment.
A. 9423 5
1 13. Appropriations for rooms for patriotic organizations. In any town
2 in which there may, now or hereafter, be one or more posts of the [Grand
3 Army of the Republic, the United Spanish War Veterans, the] Veterans of
4 Foreign Wars, the Jewish War Veterans of the United States, Inc., Disa-
5 bled American Veterans, the Catholic War Veterans, Inc., the Italian
6 American War Veterans of the United States, Incorporated, the Polish
7 Legion of American Veterans, Inc., the Marine Corps League, the Military
8 Order of the Purple Heart, Inc., AMVETS, American Veterans of World War
9 II, Masonic War Veterans of the State of New York, Inc., Veterans of
10 World War I of the United States of America Department of New York,
11 Inc., China-Burma-India Veterans Association, Inc., Polish-American
12 Veterans of World War II, Amsterdam, N.Y., Inc., Polish-American Veter-
13 ans of World War II, Schenectady, N.Y., Inc., World War Veterans Club of
14 Lindenhurst, Inc., the American Legion, the Eastern Paralyzed Veterans
15 Association, the Vietnam Veterans of America, the Army and Navy Union of
16 the United States, the American Gold Star Mothers, Inc., Regular Veter-
17 ans Association, Inc., the 369th Veterans Association, Inc., the Tri-
18 County Council of Vietnam Veterans, the National Congress of Puerto
19 Rican Veterans, the Fleet Reserve Association, the Navy Seabee Veterans
20 of America, the Korean War Veterans Association, the Women's Army Corps
21 Veterans Association, the 82nd Airborne Division Association, the Empire
22 State Chapter No. 120 of the Retired Enlisted Association, the National
23 Amputation Foundation, or the Navy Club of the U.S.A., the town board
24 may appropriate a sum not exceeding five hundred dollars for each post
25 in any year for the purpose of assisting in defraying the rental or
26 maintenance of rooms for holding meetings of such post or posts, or
27 both. If there be a post in a town adjoining a town in which no post is
28 located, whose membership includes at least five residents of such town
29 having no post, the town board of such town having no post may vote any
30 sum of money, not exceeding one hundred twenty-five dollars in any year,
31 for the purpose of assisting in defraying the rental or maintenance of
32 rooms in such adjoining town as meeting places of each of the posts
33 hereinbefore enumerated. Claims for such rental or rentals shall be made
34 by the organizations interested, and shall be submitted to the town
35 board for audit in the same manner and at the same time as other claims
36 against the town.
37 § 17. Subdivision 2 of section 4-412 of the village law, as amended by
38 chapter 843 of the laws of 1980, is amended to read as follows:
39 2. Procedure for meetings. The mayor of the village shall preside at
40 the meetings of the board of trustees as provided in section 4-400 of
41 this article. A majority of the board shall constitute a quorum for the
42 transaction of business, but a less number may adjourn and compel the
43 attendance of absent members. Whenever required by a member of the
44 board, the vote upon any question shall be taken by ayes and noes, and
45 the names of the members present and their votes shall be entered in the
46 minutes. The board may determine the rules of its procedure[, and may
47 compel the attendance of absent members by the entry of a resolution in
48 the minutes, directing any peace officer, acting pursuant to his special
49 duties, or police officer residing within the village to arrest such
50 absent member and take him before the board of trustees to answer for
51 his neglect. A copy of the resolution, certified by the clerk of the
52 village, shall be sufficient authority to such officer residing in the
53 village to arrest such absent member and bring him before the board].
54 § 18. Paragraphs (g), (h), (i), and (j) of subdivision 6 of section 15
55 of the workers' compensation law are REPEALED.
A. 9423 6
1 § 19. Subdivisions 4, 5, 6, 7, 8, 9, and 10 of section 273 of the
2 judiciary law, subdivisions 4, 5, and 6 as amended by chapter 649 of the
3 laws of 1945, subdivision 7 as amended by chapter 416 of the laws of
4 1951, subdivision 8 as amended by chapter 422 of the laws of 1954,
5 subdivision 9 as added by chapter 622 of the laws of 1950, and subdivi-
6 sion 10 as added by chapter 758 of the laws of 1954, are amended to read
7 as follows:
8 4. Each of the confidential clerks to the justices of the supreme
9 court in the fifth judicial district appointed pursuant to subdivision
10 four of former section one hundred fifty-seven of this chapter, shall
11 receive an annual salary [of three thousand dollars] to be fixed by the
12 justice appointing such clerk; provided, however, that in case of the
13 appointment by such a justice of both a confidential clerk and confiden-
14 tial deputy clerk, such confidential clerk and such deputy clerk shall
15 each receive an annual salary to be fixed by the justice appointing
16 [him, or them, not to exceed in the aggregate for both such confidential
17 clerk and deputy clerk the sum of three thousand dollars] such clerk.
18 Each of such salaries shall be audited by the state comptroller and paid
19 by the state department of taxation and finance, in equal monthly
20 payments when certified to such comptroller by the justice who made the
21 appointment or, in case of [his] death or disability of such justice, by
22 any other justice of the fifth judicial district. An appropriation in
23 any year for salary of such a confidential clerk, to any such justice,
24 shall be available for payment of the salaries of both the confidential
25 clerk and confidential deputy clerk to the same justice, if such be
26 appointed. The total amount of such salaries shall be apportioned by
27 such department among the counties comprising the fifth judicial
28 district. Such counties shall reimburse the state therefor. The time
29 and method of such apportionment and the time and method of such
30 reimbursement shall be as specified in former section seventy-four of
31 this chapter.
32 5. Each of the clerks to the justices of the supreme court in the
33 sixth judicial district shall receive an annual salary to be fixed by
34 the justice appointing [him, of not to exceed three thousand dollars]
35 such clerk. Each of such salaries shall be audited by the state comp-
36 troller and paid by the state department of taxation and finance in
37 equal quarterly payments when certified to such comptroller by the
38 justice who made the appointment or, in case of [his] death or disabili-
39 ty of such justice, by any other justice of the sixth judicial district.
40 The total amount of such salaries shall be apportioned by such depart-
41 ment among the counties comprising the sixth judicial district. Such
42 counties shall reimburse the state therefor. The time and method of such
43 apportionment and the time and method of such reimbursement shall be as
44 specified in former section seventy-four of this chapter.
45 6. Each of the clerks to the justices of the supreme court in the
46 seventh judicial district shall receive an annual salary, to be fixed by
47 the justice appointing [him, of not to exceed twenty-five hundred
48 dollars] such clerk, provided, however, that in case of the appointment
49 by such justice of both a confidential clerk and one or two confidential
50 deputy clerk or clerks, such confidential clerk and such confidential
51 deputy clerk or clerks shall each receive an annual salary to be fixed
52 by the justice making the appointment[, not to exceed in the aggregate
53 for both such confidential clerk and confidential deputy clerk or clerks
54 the sum of twenty-five hundred dollars]. Each of such salaries shall be
55 audited by the state comptroller and paid by the state department of
56 taxation and finance in equal monthly payments when certified to such
A. 9423 7
1 comptroller by the justice who made the appointment or, in case of [his]
2 death or disability of such justice, by any other justice of the seventh
3 judicial district. The total amount of such salaries shall be appor-
4 tioned by such department among the counties comprising the seventh
5 judicial district. Such counties shall reimburse the state therefor. The
6 time and method of such apportionment and the time and method of such
7 reimbursement shall be as specified in former section seventy-four of
8 this chapter.
9 7. Each of the clerks to the justices of the supreme court in the
10 eighth judicial district, shall receive an annual salary, to be fixed by
11 the justice appointing [him, of not to exceed six thousand dollars] such
12 clerk. Each of such salaries shall be audited by the state comptroller
13 and paid by the state department of taxation and finance in equal month-
14 ly payments when certified to such comptroller by the justice who made
15 the appointment or, in case of [his] death or disability of such
16 justice, by any other justice of the eighth judicial district. The total
17 amount of such salaries shall be apportioned by such department among
18 the counties comprising the eighth judicial district. Such counties
19 shall reimburse the state therefor. The time and method of such appor-
20 tionment and the time and method of such reimbursement shall be as spec-
21 ified in former section seventy-four of this chapter.
22 8. Each confidential clerk employed by a justice of the supreme court
23 in and for the ninth judicial district, pursuant to the provisions of
24 subdivision eight of former section one hundred fifty-seven of this
25 chapter, shall receive an annual salary [not to exceed the sum of eight
26 thousand five hundred ninety dollars] to be fixed by the justice
27 appointing such clerk, together with the actual and necessary expenses
28 incurred by [him] such clerk in the performance of [his] their official
29 duties, to be paid upon proper proof thereof, and upon the approval of
30 the justice of the supreme court in whose behalf the official duties are
31 rendered. The state comptroller shall audit the salary and expenses of
32 each confidential clerk and the state department of taxation and finance
33 shall pay to each confidential clerk [his] their salary, in equal month-
34 ly payments, and also [his] their expenses when certified to the state
35 comptroller by the justice who made the appointment, or if [he] such
36 justice has died or is disabled, by any other justice of the ninth judi-
37 cial district. The total amount of all salaries and expenses of all
38 confidential clerks of the ninth judicial district shall be apportioned
39 by the department of taxation and finance among the counties of West-
40 chester, Rockland, Orange, Dutchess and Putnam which shall reimburse the
41 state therefor, and the time and method of apportionment and reimburse-
42 ment shall be those specified in former section seventy-four of this
43 chapter.
44 9. Each of the confidential law clerks to the justices of the supreme
45 court in the third judicial district shall receive an annual salary to
46 be fixed by the justice appointing [him, of not to exceed five thousand
47 dollars] such clerk. Each of such salaries shall be audited by the
48 state comptroller and paid by the state department of taxation and
49 finance in equal monthly payments when certified to such comptroller by
50 the justice who made the appointment or, in case of [his] death or disa-
51 bility of such justice, by any other justice of the third judicial
52 district. The total amount of such salaries shall be apportioned by such
53 department among the counties comprising the third judicial district.
54 Such counties shall reimburse the state therefor. The time and method of
55 such apportionment and the time and method of such reimbursement shall
56 be as specified in former section seventy-four of this chapter.
A. 9423 8
1 10. Each of the confidential law clerks to the justices of the supreme
2 court in the fourth judicial district shall receive an annual salary to
3 be fixed by the justice appointing [him, of not to exceed five thousand
4 dollars] such clerk. Each of such salaries shall be audited by the
5 state comptroller and paid by the state department of taxation and
6 finance in equal monthly payments when certified to such comptroller by
7 the justice who made the appointment or, in case of [his] death or disa-
8 bility of such justice, by any other justice of the fourth judicial
9 district. The total amount of such salaries shall be apportioned by such
10 department among the counties comprising the fourth judicial district.
11 Such counties shall reimburse the state therefor. The time and method of
12 such apportionment and the time and method of such reimbursement shall
13 be as specified in former section seventy-four of this chapter.
14 § 20. Section 19.03 of the arts and cultural affairs law is REPEALED.
15 § 21. Section 19.01 of the arts and cultural affairs law is amended to
16 read as follows:
17 § 19.01. Fireproof booth for cinematograph or any other apparatus for
18 projecting moving pictures. No cinematograph or any other apparatus for
19 projecting moving pictures, save as excepted in sections 19.05 and 19.09
20 of this article, which apparatus uses combustible films of more than ten
21 inches in length, shall be set up for use or used in any building, place
22 of public assemblage or entertainment, unless such apparatus for the
23 projecting of moving pictures shall be inclosed therein in a booth or
24 inclosure constructed of concrete, brick, hollow tile or other approved
25 fireproof material or any approved fireproof framework covered or lined
26 with asbestos board, or with some other approved fire resisting materi-
27 al, and unless [such booth shall have been constructed as provided in
28 section 19.03 of this article and] the certificate provided in section
29 19.07 of this article shall have been issued to the owner or lessee of
30 the premises wherein such booth is situated.
31 § 22. Section 19.05 of the arts and cultural affairs law is amended to
32 read as follows:
33 § 19.05. This article not retroactive under certain conditions.
34 [Sections] Section 19.01 [and 19.03] of this article shall not be retro-
35 active for any booth approved by the appropriate public authority or
36 official prior to March third, nineteen hundred forty-one, provided such
37 booth [have or be so reconstructed of the same material as to have
38 dimensions as specified in section 19.03 of this article; provided such
39 booth conform to the specification of section 19.03 of this article as
40 regards vent flue, box for storage of films, specifications for rewind-
41 ing and repairing films and specifications for windows and doors, and
42 provided such booth] be of rigid fireproof material, and be insulated so
43 as not to conduct electricity to any other part of the building and be
44 so separated from any adjacent combustible material as not to communi-
45 cate fire through intense heat in case of combustion within the booth.
46 § 23. Section 19.07 of the arts and cultural affairs law is amended to
47 read as follows:
48 § 19.07. Inspection; certificate for permanent booths. After the
49 construction of such booth shall have been completed, the public officer
50 charged herein with the duty of passing upon the plans and specifica-
51 tions therefor shall within three days after receipt of notice in writ-
52 ing that such booth has been completed cause such booth to be inspected.
53 If the provisions of [sections] section 19.01 [and 19.03] of this arti-
54 cle have been complied with, such public officer shall issue to the
55 owner or lessee of the premises wherein such booth is situated a certif-
A. 9423 9
1 icate stating that the provisions of [sections] section 19.01 [and
2 19.03] of this article have been complied with.
3 § 24. Section 19.09 of the arts and cultural affairs law is amended to
4 read as follows:
5 § 19.09. Portable booth for temporary exhibitions. Where motion
6 pictures are exhibited daily for not more than one month, or not more
7 often than three times a week, in educational or religious institutions
8 or bona fide social, scientific, political or athletic clubs, a portable
9 booth may be substituted for the booth required in [sections] section
10 19.01 [and 19.03] of this article. Such booth shall have a height of not
11 less than six feet and an area of not less than twenty square feet and
12 shall be constructed of asbestos board, sheet steel of no less gauge
13 than twenty-four; or some other approved fireproof material. [Such port-
14 able booth shall conform to the specifications of section 19.03 of this
15 article with reference to windows and door, but not with reference to
16 vent flues.] The floor of such booth shall be elevated above the perma-
17 nent support on which it is placed by a space of at least one-half inch,
18 sufficient to allow the passage of air between the floor of the booth
19 and the platform on which the booth rests, and the booth shall be insu-
20 lated so that it will not conduct electricity to any other portion of
21 the building.
22 § 25. The opening paragraph of section 19.11 of the arts and cultural
23 affairs law is amended to read as follows:
24 The above sections, 19.01, [19.03,] 19.05, 19.07 and 19.09, referring
25 to permanent and portable booths, shall not apply to:
26 § 26. Section 19.13 of the arts and cultural affairs law is amended to
27 read as follows:
28 § 19.13. Inspection; certificate for portable booths and miniature
29 cinematograph machines. Before moving pictures shall be exhibited with
30 a portable booth, under section 19.09 of this article, and before a
31 miniature machine without a booth shall be used as prescribed in section
32 19.11 of this article, there shall be obtained from the appropriate
33 authority[, as defined in section 19.03 of this article,] a certificate
34 of approval.
35 § 27. Article 7-A of the county law is REPEALED.
36 § 28. Article 24 of the county law is REPEALED.
37 § 29. Subdivision 6 of section 103 of the economic development law, as
38 added by chapter 947 of the laws of 1968 and as renumbered by chapter
39 614 of the laws of 1982, is amended to read as follows:
40 6. To carry out the obligations of the state to the New York state
41 [atomic and space] energy research and development authority under any
42 contract providing for the assumption of jurisdiction in the event of
43 conditions specified in any such contract over land and facilities held
44 or developed by such authority for the concentration and storage of
45 radioactive byproducts; to enter into amendments to any such contract
46 subject to the approval of the director of the budget; and, after any
47 such assumption of jurisdiction by the council, pursuant to any such
48 contract or amendments, to operate, develop and manage in the name of
49 the state such land and facilities, and to care for, manage, use and
50 dispose of any radioactive byproducts concentrated or stored at such
51 land and facilities.
52 § 30. Subdivisions 1 and 2 of section 213 of the education law, as
53 amended by chapter 724 of the laws of 1961, are amended to read as
54 follows:
55 1. The regents may extend to the people at large increased educational
56 opportunities and facilities, stimulate interest therein, recommend
A. 9423 10
1 methods, designate suitable teachers and lecturers, conduct examinations
2 and grant credentials, and otherwise organize, aid and conduct such
3 work. And the regents, and with their approval the commissioner of
4 education, may buy, sell, exchange and receive by will, or other gift,
5 or on deposit, books, pictures, statuary or other sculptured work,
6 [lantern slides,] apparatus, maps, globes, films, sound films, [kine-
7 scopes,] photographic recordings and any article or collections pertain-
8 ing to or useful in and to any of the departments, divisions, schools,
9 institutions, associations or other agencies, or work, under their
10 supervision, or control, or encouragement, and may lend or deposit any
11 such articles in their custody or control, when or where in their judge-
12 ment compensating educational usefulness will result therefrom; and may
13 also, from time to time, enter into contracts desirable for carrying
14 into effect the foregoing provisions.
15 2. In carrying out the provisions of subdivision one of this section,
16 the regents may: a. Contract with institutions in the university,
17 school districts, boards of cooperative educational services or other
18 non-profit educational agencies for the acquisition from such insti-
19 tutions, school districts, boards or agencies of sound films, [kine-
20 scopes,] audio recordings and video recordings, scripts, research
21 reports or related educational television materials, for the use of the
22 department, or for the production of educational television programs[:];
23 b. Lease, to school districts, boards of cooperative educational
24 services or television corporations created pursuant to section two
25 hundred thirty-six of this chapter, educational television facilities,
26 including transmitters, micro-wave relay facilities, production centers,
27 closed-circuit systems and any equipment necessary therefor, constructed
28 or acquired, and owned by the state, leased by the state, or contract
29 with such districts, boards of cooperative educational services or
30 corporations for the operation of such facilities[:]; and
31 c. Lease and operate a television station in the city of New York.
32 § 31. Section 346-a of the education law is REPEALED.
33 § 32. The opening paragraph of subdivision 1 and paragraph a of subdi-
34 vision 4 of section 341-a of the education law, as added by chapter 171
35 of the laws of 1987, are amended to read as follows:
36 As used in this section [and section three hundred forty-six-a of this
37 article], the following words and terms shall have the following mean-
38 ings:
39 a. Not later than September first, nineteen hundred eighty-nine, the
40 test agency shall prepare and file [or cause to be filed with the
41 committee described in section three hundred forty-six-a of this arti-
42 cle] a report relating to each test administered and disclosed pursuant
43 to section three hundred forty-two of this article by the test agency in
44 New York between July first, nineteen hundred eighty-eight and July
45 first, nineteen hundred eighty-nine. Such report shall be subject to the
46 provisions of subdivisions two and three of section three hundred
47 forty-one of this article.
48 § 33. Subdivision 5 of section 501 of the education law is REPEALED.
49 § 34. Subdivision 6 of section 501 of the education law is amended to
50 read as follows:
51 6. "New entrant" shall mean any teacher who is a member of the retire-
52 ment system [except a present teacher].
53 § 35. Subdivision 1 of section 509 of the education law is REPEALED.
54 § 36. Paragraph b of subdivision 8 of section 509 of the education law
55 is REPEALED.
A. 9423 11
1 § 37. Paragraph d of subdivision 2 of section 510 of the education law
2 is REPEALED.
3 § 38. Subdivision 1 of section 511 of the education law, as amended by
4 chapter 427 of the laws of 1972, is amended to read as follows:
5 1. Retirement on account of disability shall be made under the follow-
6 ing conditions: A member who has completed at least fifteen years of
7 total state service [or a member who is a present teacher and who has
8 completed twenty years of service, the last ten of which were state
9 service,] may be retired on account of disability either upon the appli-
10 cation of [his] such member's employer or upon [his] such member's own
11 application or that of a person acting in [his] such member's behalf, if
12 the retirement board, after a medical examination of said member by a
13 physician or physicians designated by said board shall determine upon
14 the basis of a report submitted by said physician or physicians that the
15 said member is physically or mentally incapacitated for the performance
16 of duty, that [he] such member was incapacitated at the time [he] such
17 member ceased teaching and that said member ought to be retired.
18 § 39. Paragraph c of subdivision 2 of section 511 of the education law
19 is REPEALED.
20 § 40. Paragraph c of subdivision 4 of section 511-a of the education
21 law is REPEALED.
22 § 41. Subdivision 2 of section 522 of the education law, as amended by
23 chapter 292 of the laws of 2017, is amended to read as follows:
24 2. Any contributor entering the retirement system after having with-
25 drawn from another retirement system and having given notice at the time
26 of withdrawal to the retirement board of such system of [his or her]
27 their intention of becoming a member of the retirement system, may
28 deposit in the annuity savings fund the amount of [his or her] their
29 accumulated contributions withdrawn from such other retirement system or
30 if the member had no accumulated contributions credited to [his or her]
31 their individual account in such other retirement system, such member
32 shall in lieu of depositing moneys in the annuity savings fund, file a
33 notice of intent to transfer pursuant to rules and regulations adopted
34 by the retirement board. Upon the filing of a notice of intent to trans-
35 fer as provided by this subdivision, the pension reserve to [his or her]
36 their credit in such other retirement system, if such other retirement
37 system is operated upon an actuarial basis under the laws of this state,
38 shall be transferred, and if such other system is operated upon an actu-
39 arial basis under the laws of another state, may be transferred to the
40 pension accumulation fund. [Notwithstanding anything to the contrary in
41 this article, such contributor shall be classified in this retirement
42 system as a present teacher or as a new entrant accordingly as he or she
43 would have been classified had the service rendered in the other retire-
44 ment system been rendered while a member of this retirement system.] A
45 person so transferred to this retirement system or who has heretofore
46 transferred to this retirement system shall be deemed to have been a
47 member of this retirement system during the entire period of membership
48 service credited to [him or her] such person in the system from which
49 [he or she] such person has transferred. Such transferee, however, shall
50 not receive more than three per cent interest on [his or her] their
51 contributions and accumulated contributions unless [he or she] such
52 transferee has continuously been a member in either the system from
53 which [he or she] such person has transferred or in this retirement
54 system since a date prior to the first day of July, nineteen hundred
55 forty-eight. This shall not be construed to prevent a change in the
56 interest rate to such member if the interest rate payable to other
A. 9423 12
1 members of this retirement system is changed. In case [he or she] such
2 member comes from a retirement system not under the laws of this state,
3 [he or she] such member shall be given a prior service certificate show-
4 ing a period of service such that the liability incurred by the retire-
5 ment system on [his or her] such member's account by reason of prior
6 service shall be equal in amount to the amount of the reserve so trans-
7 ferred, provided that in no case shall such a contributor who is classi-
8 fied as a new entrant be given less credit in [his or her] such member's
9 prior service certificate than [he or she] such member would have
10 received had no reserve been transferred on [his or her] such member's
11 account. In case a contributor transfers between retirement systems
12 under the laws of this state, [he or she] such member shall be credited
13 in the system to which [he or she] such member is transferring with all
14 service allowed to [him or her] such member in the first system. Such
15 contributor, notwithstanding any other provision of law, shall on
16 retirement be entitled to a pension based on salary earned during member
17 service in both retirement systems together, pursuant to the statutory
18 requirements of the second retirement system.
19 § 42. Section 514 of the education law is REPEALED.
20 § 43. Paragraph g of subdivision 2 of section 517 of the education
21 law, as amended by chapter 641 of the laws of 1954 and as relettered by
22 chapter 141 of the laws of 1970, is amended to read as follows:
23 g. All pensions with the exception of those payable to new entrants
24 shall be paid from the pension accumulation fund and benefits provided
25 under paragraph two of subdivision b of section five hundred twelve[,
26 subdivision b, paragraph two and section five hundred fourteen] of this
27 article shall be paid from the pension accumulation fund.
28 § 44. Section 1952 of the education law is REPEALED.
29 § 45. Subdivision 1 of section 184 of the general business law, as
30 amended by chapter 834 of the laws of 1965, is amended to read as
31 follows:
32 1. No employment agency, directly or indirectly, shall accept applica-
33 tions from persons who reside in a state outside New York, procure or
34 offer to procure employment of persons as domestic or household employ-
35 ees who are residing in states outside of this state previous to their
36 application for employment, except as provided in this section and in
37 the applicable provisions of other sections of this article. [As used in
38 this section, the term "state" applies to the forty-eight states on this
39 continent, and the District of Columbia, but does not include the state
40 of Alaska.]
41 § 46. The opening paragraph of paragraph (a) of subdivision 7 of
42 section 75 of the public lands law, as amended by chapter 703 of the
43 laws of 1994, is amended to read as follows:
44 The commissioner of general services may grant in perpetuity or other-
45 wise, to the owners of the land adjacent to the land underwater speci-
46 fied in this section, to promote the commerce of this state or for the
47 purpose of beneficial enjoyment thereof by such owners, or for agricul-
48 tural purposes, or for public park, beach, street, highway, parkway,
49 playground, recreation or conservation purposes, so much of said land
50 underwater as the commissioner deems necessary for that purpose. No such
51 grant shall be made to any person other than the proprietor of the adja-
52 cent land. Any such grant made to any other person shall be void, except
53 that, subject to the other provisions of this section, the commissioner
54 of general services may transfer jurisdiction over state-owned lands
55 underwater to a state agency for the purpose of protecting environ-
56 mentally sensitive lands underwater even if the state agency is not the
A. 9423 13
1 proprietor of the adjacent upland. The commissioner may also lease such
2 land underwater to such owner of the adjacent upland or, with the
3 consent of such owner of the adjacent upland, to others, for terms up to
4 forty years. No such grant or lease shall be made of any lands belonging
5 to the city of New York[, or so as to interfere with the rights of that
6 city or of the Hudson River Railroad Company, or of its successor the
7 New York Central and Hudson River Railroad Company]. In making any
8 grant, lease, permit or other conveyance, the commissioner of general
9 services shall, upon administrative findings, and to the extent practi-
10 cable, reserve such interests or attach such conditions to preserve the
11 public interest in use of state-owned lands underwater and waterways for
12 navigation, commerce, fishing, bathing, recreation, environmental
13 protection and access to the navigable waters of the state, with due
14 regard for the need of affected owners of private property to safeguard
15 their property. The commissioner shall by official rules establish
16 criteria and guidelines for determinations with respect to the leasing
17 or selling of such lands underwater.
18 § 47. Subdivision 1 of section 11 of the public officers law, as
19 amended by chapter 624 of the laws of 2004, is amended to read as
20 follows:
21 1. Every official undertaking, when required by or in pursuance of law
22 to be hereafter executed or filed by any officer, shall be to the effect
23 that [he] such officer will faithfully discharge the duties of [his]
24 their office and promptly account for and pay over all moneys or proper-
25 ty received by [him as] such officer in their official capacity, in
26 accordance with law, or in default thereof, that the parties executing
27 such undertaking will pay all damages, costs and expenses resulting from
28 such default, not exceeding a sum, if any, specified in such undertak-
29 ing. The undertaking of a state officer or clerk or employee shall be
30 approved by the attorney-general as to its form and manner of execution
31 and by the comptroller as to the sufficiency of the sureties and be
32 filed in the comptroller's office. The undertaking of a municipal offi-
33 cer shall, if not otherwise provided by law, be approved as to its form
34 and the sufficiency of the sureties by the chief executive officer or by
35 the governing body of the municipality and be filed with the clerk ther-
36 eof. The approval by such governing body may be a resolution, a certi-
37 fied copy of which shall be attached to the undertaking. The undertaking
38 of such county officer shall, if not otherwise provided by law, be
39 approved as to its form and the sufficiency of the sureties by the clerk
40 of the county, and filed in [his] their office. The undertaking of a
41 town officer shall, if not otherwise provided by law, be approved as to
42 its form and the sufficiency of the sureties by the clerk of the county
43 and filed in [his] their office. The sum specified in an official under-
44 taking shall be the sum for which such undertaking shall be required by
45 or in pursuance of law is given. If no sum, or a different sum from that
46 required by or in pursuance of law, be specified in the undertaking, it
47 shall be deemed to be an undertaking for the amount so required. If no
48 sum be required by or in pursuance of law to be so specified, the offi-
49 cer or board authorized to approve the undertaking shall fix the sum to
50 be specified therein. Every official undertaking shall be executed and
51 duly acknowledged by at least two sureties, each of whom shall add ther-
52 eto [his] their affidavit that [he is a freeholder or householder] they
53 are a resident within the state, stating [his] their occupation and
54 residence and the street number of [his] their residence and place of
55 business if in a city, and a sum which [he] such surety is worth over
56 and above [his] their just debts and liabilities and property exempt
A. 9423 14
1 from execution. The aggregate of the sums so stated in such affidavits
2 must be at least double the amount specified in the undertaking. If the
3 surety on an official undertaking of a state or local officer, clerk or
4 employee of the state or political subdivision thereof or of a municipal
5 corporation be a fidelity or surety corporation, the reasonable expense
6 of procuring such surety, not exceeding one percentum per annum upon the
7 sum for which such undertaking shall be required by or in pursuance of
8 law to be given, shall be a charge against the state or political subdi-
9 vision or municipal corporation respectively in and for which [he] such
10 official is elected or appointed, except that the expense of procuring
11 such surety as aforesaid, on an official undertaking of any officer,
12 clerk or employee in any city department of the city of New York, or of
13 any office, board or body of said city, or of a borough or county within
14 said city, including officers, clerks and employees of every court with-
15 in said city, shall not be a charge upon said city or upon any of the
16 counties contained within said city, unless the comptroller of the said
17 city, shall first have approved the necessity of requiring such official
18 undertaking to be given, and shall have approved of or fixed the amount
19 of any such official undertaking; but this exception shall not apply to
20 an official undertaking specifically required by statute to be given,
21 and the amount of which is specifically fixed by statute. The failure to
22 execute an official undertaking in the form or by the number of sureties
23 required by or in pursuance of law, or of a surety thereto to make an
24 affidavit required by or in pursuance of law, or in the form so
25 required, or the omission from such an undertaking of the approval
26 required by or in pursuance of law, shall not affect the liability of
27 the sureties therein.
28 § 48. The opening paragraph of section 70-a of the public officers
29 law, as amended by chapter 450 of the laws of 2009, is amended to read
30 as follows:
31 The charge for the publication of concurrent resolutions, proposed
32 constitutional amendments, propositions or questions to be submitted to
33 the voters of the state, tax sales and official notices required to be
34 published by state boards, commissions or officers in newspapers of the
35 state, shall be paid from the treasury on the audit and warrant of the
36 comptroller, after certification by the proper officer that such a
37 publication has been regularly made as prescribed by law. The charge for
38 the publication, if authorized by law, of digests of laws of a local
39 nature in the newspaper designated to publish such digests shall be paid
40 by the several counties of the state in which such laws may be
41 published, upon like certification. [The charge for the publication of
42 concurrent resolutions, proposed constitutional amendments, propositions
43 or questions to be submitted to the voters of the state or of any poli-
44 tical subdivision thereof or therein, tax sales by the state or any
45 county or municipality therein, and of all official notices and adver-
46 tisements authorized or required by law to be published at the expense
47 of the state or of a county, city, town, village, public authority,
48 public benefit corporation or other political or civil subdivision of
49 the state, shall be at the rate of twenty-nine cents per line of a
50 column width not less than ten pica ems, provided that in computing such
51 charge per line the line shall average at least five words for each
52 insertion in newspapers having less than two thousand five hundred
53 circulation; twenty-nine and one-half cents per line for newspapers
54 having two thousand five hundred or more circulation and less than five
55 thousand; thirty and one-half cents per line for newspapers having five
56 thousand or more circulation and less than seven thousand and five
A. 9423 15
1 hundred; thirty-one and one-half cents per line for newspapers having
2 seven thousand five hundred or more circulation and less than ten thou-
3 sand; thirty-two and one-half cents per line for newspapers having ten
4 thousand or more circulation and less than fifteen thousand; and three
5 and one-half cents per line in addition to the thirty-two and one-half
6 cents for the initial fifteen thousand circulation, for each additional
7 five thousand circulation up to thirty-five thousand circulation and one
8 and one-half cents per line for each additional five thousand possessed
9 by such newspapers. To all of the above rates nine cents per line shall
10 be added to the initial insertion charge of each separate advertisement.
11 To all of the above rates for the initial insertion eight cents per line
12 shall also be added for tabular matter or intricate composition. Display
13 advertising shall be charged agate measurement, fourteen lines to each
14 inch, ten to thirteen pica ems wide, depending on the makeup of the
15 newspaper publishing such copy. Every newspaper printed, published or
16 having its principal office outside of a city having a population of
17 over three hundred fifty thousand inhabitants, as a condition precedent
18 to designation as the official newspaper of any county, city, town,
19 village or other political or civil subdivision of the state or for the
20 making of claim for compensation under the foregoing provisions of this
21 section, must be established at least one year and entered in the post
22 office as second class matter.]
23 § 49. Subdivisions 19 and 20 of section 2 of the public service law
24 are REPEALED.
25 § 50. Paragraph e of subdivision 1 of section 5 of the public service
26 law is REPEALED.
27 § 51. Subdivision 15 of section 66 of the public service law is
28 REPEALED.
29 § 52. Subdivisions 1, 2, 3, 4, and 5 of section 91 of the public
30 service law, subdivisions 1, 3, and 4 as added by chapter 673 of the
31 laws of 1910, subdivision 2 as amended by chapter 136 of the laws of
32 1984 and subdivision 5 as added by chapter 114 of the laws of 1978, are
33 amended to read as follows:
34 1. Every [telegraph corporation and every] telephone corporation shall
35 furnish and provide with respect to its business such instrumentalities
36 and facilities as shall be adequate and in all respects just and reason-
37 able. All charges made or demanded by any [telegraph corporation or]
38 telephone corporation for any service rendered or to be rendered in
39 connection therewith shall be just and reasonable and not more than
40 allowed by law or by order of the commission. Every unjust or unreason-
41 able charge made or demanded for any such service or in connection ther-
42 ewith or in excess of that allowed by law or by order of the commission
43 is prohibited and declared to be unlawful.
44 2. (a) No [telegraph corporation or] telephone corporation shall
45 directly or indirectly or by any special rate, rebate, drawback or other
46 device or method charge, demand, collect or receive from any person or
47 corporation a greater or less compensation for any service rendered or
48 to be rendered with respect to communication by [telegraph or] telephone
49 or in connection therewith, except as authorized in this chapter, than
50 it charges, demands, collects or receives from any other person or
51 corporation for doing a like and contemporaneous service with respect to
52 communication by [telegraph or] telephone under the same or substantial-
53 ly the same circumstances and conditions.
54 (b) The local service area within which calls are made on a local
55 rather than toll basis in a city with a population of one million or
A. 9423 16
1 more shall not be changed as a result of the establishment of an addi-
2 tional area code.
3 3. No [telegraph corporation or] telephone corporation shall make or
4 give any undue or unreasonable preference or advantage to any person,
5 corporation or locality, or subject any particular person, corporation
6 or locality to any undue or unreasonable prejudice or disadvantage in
7 any respect whatsoever.
8 4. Nothing in this chapter shall be construed to prevent any [tele-
9 graph corporation or] telephone corporation from continuing to furnish
10 the use of its lines, equipment or service under any contract or
11 contracts in force at the date this article takes effect or upon the
12 taking effect of any schedule or schedules of rates subsequently filed
13 with the commission, as hereinafter provided, at the rate or rates fixed
14 in such contract or contracts; provided, however, that when any such
15 contract or contracts are or become terminable by notice, the commission
16 shall have power, in its discretion, to direct by order that such
17 contract or contracts shall be terminated by the [telegraph corporation
18 or] telephone corporation party thereto, and thereupon such contract or
19 contracts shall be terminated by such [telegraph corporation or] tele-
20 phone corporation as and when directed by such order.
21 5. No [telegraph corporation or] telephone corporation shall sell or
22 offer for sale any names and/or addresses of any of its customers whose
23 listings have been omitted from the telephone company's published direc-
24 tory at the request of the customer.
25 § 53. Subdivisions 1, 2, and 3 of section 92 of the public service
26 law, subdivision 1 as added by chapter 673 of the laws of 1910, subdivi-
27 sion 2 as amended by chapter 154 of the laws of 1989, paragraphs (a) and
28 (b) of subdivision 2 as amended by chapter 517 of the laws of 1996,
29 paragraph (c) of subdivision 2 as amended by chapter 517 of the laws of
30 2014, and subdivision 3 as amended by chapter 124 of the laws of 1911,
31 are amended to read as follows:
32 1. Every [telegraph corporation and every] telephone corporation shall
33 print and file with the commission schedules showing all rates, rentals
34 and charges for service of each and every kind by or over its line
35 between points in this state and between each point upon its line and
36 all points upon every line leased or operated by it and between each
37 point upon its line or upon any line leased or operated by it and all
38 points upon the line of any other [telegraph or] telephone corporation
39 whenever a through service or joint rate shall have been established
40 between any two points. If no joint rate over a through line has been
41 established the several corporations in such through line shall file
42 with the commission the separately established rates and charges appli-
43 cable where through service is afforded. Such schedule shall plainly
44 state the places between which telephone [or telegraph] service[, or
45 both,] will be rendered and shall also state separately all charges and
46 all privileges or facilities granted or allowed and any rules or regu-
47 lations or forms of contract which may in any wise change, affect or
48 determine any or the aggregate of the rates, rentals or charges for the
49 service rendered. Such schedule shall be plainly printed and kept open
50 to public inspection. The commission shall have the power to prescribe
51 the form of every such schedule and may from time to time prescribe, by
52 order, changes in the form thereof. The commission shall also have power
53 to establish rules and regulations for keeping such schedules open to
54 public inspection and may from time to time modify the same. Every
55 [telegraph corporation and] telephone corporation shall file with the
56 commission as and when required by it a copy of any contract, agreement
A. 9423 17
1 or arrangement in writing with any other [telegraph corporation or]
2 telephone corporation or with any other corporation, association or
3 person relating in any way to the construction, maintenance or use of a
4 [telegraph line or] telephone line or service by or rates and charges
5 over or upon any such [telegraph line or] telephone line.
6 2. (a) No change shall be made in any rate, charge or rental, or joint
7 rate, charge or rental applicable to regulated basic services, switched
8 carrier access services, charges for interconnection between local
9 exchange carriers, and toll services within a local access and transport
10 area which shall have been filed by a [telegraph corporation or] tele-
11 phone corporation hereinafter in this subdivision called a utility in
12 compliance with this chapter, except after thirty days' notice to the
13 commission and to each county, city, town and village served by such
14 utility which had filed with such utility within the prior twelve months
15 a request for such notice and shall be affected by such change and
16 publication of a notice to the public of such proposed change once in
17 each week for four successive weeks in a newspaper having general circu-
18 lation in each county containing territory affected by the proposed
19 change. No other change shall be made in any rate, charge or rental, or
20 joint rate, charge or rental filed by a utility, except after ten busi-
21 ness days' notice to the commission and publication of one notice at
22 least ten business days prior to the effective date of the change in a
23 newspaper of general circulation in each county affected by the proposed
24 change. Such notices shall plainly state the changes proposed and the
25 time when they go into effect. For the purpose of this paragraph, "regu-
26 lated basic services" are defined as: residential, individual business,
27 and public access line network access, connection charges for such
28 network access, local usage, local coin usage rates, tone dialing,
29 access to emergency services, statewide relay services, operator assist-
30 ance services, director listings, and provisions that affect privacy
31 protections.
32 (b) All proposed changes shall be shown by filing new schedules or
33 shall be plainly indicated upon the schedules filed and in force at the
34 time and kept open to public inspection. The commission, for good cause
35 shown, may, except in the case of major changes, allow changes in rates,
36 charges or rentals to take effect prior to the end of such thirty-day
37 period or such ten-day period and without publication of notice to the
38 public under such conditions as it may prescribe. All such changes shall
39 be immediately indicated upon its schedules by such utility. The commis-
40 sion may delegate to the secretary of the commission its authority to
41 approve a change to a schedule postponing the effective date of such
42 schedule previously filed with the commission and for good cause shown
43 to allow the postponement to take effect prior to the end of such thir-
44 ty-day period or ten-day period and without publication of notice to the
45 public.
46 (c) For the purpose of this subdivision, "major changes" shall mean an
47 increase in rates, charges and rentals which would increase the aggre-
48 gate revenues of the applicant more than the greater of five hundred
49 thousand dollars or two and one-half percent, but shall not include
50 changes in rates, charges or rentals allowed to go into effect by the
51 commission or made by the utility pursuant to an order of the commission
52 after hearings held upon notice to the public. If an increase in rates,
53 charges and rentals would increase the aggregate revenues of the appli-
54 cant by less than five hundred thousand dollars, the commission may hold
55 a hearing pursuant to paragraph (e) of this subdivision and/or provide a
56 statement pursuant to subdivision four of this section.
A. 9423 18
1 (d) No utility shall charge, demand, collect or receive a different
2 compensation for any service rendered or to be rendered than the charge
3 applicable as specified in its schedule on file and in effect. Nor shall
4 any utility refund or remit directly or indirectly any portion of the
5 rate or charge so specified, nor extend to any person any form of
6 contract or agreement, or any rule or regulation, or any privilege or
7 facility, except such as are specified in its schedule filed and in
8 effect and regularly and uniformly extended to all persons under like
9 circumstances for the like or substantially similar service.
10 (e) Whenever there shall be filed with the commission by any utility,
11 any schedule stating a new rate or charge, or any change in any form of
12 contract or agreement or any rule or regulation relating to any rate,
13 charge or service, or in any general privilege or facility, the commis-
14 sion may at any time within sixty days from the date when such schedule
15 would or has become effective, either upon complaint or upon its own
16 initiative, and, if it so orders, without answer or other formal plead-
17 ing by the utility, but upon reasonable notice, hold a hearing concern-
18 ing the propriety of a change proposed by the filing. If such change is
19 a major change the commission shall hold such a hearing. Pending such
20 hearing and decision thereon, the commission, upon filing with such
21 schedule and delivering to the utility, a statement in writing of its
22 reasons therefor, may suspend the operation of such schedule, but not
23 for a longer period than one hundred and twenty days beyond the time
24 when it would otherwise go into effect. After full hearing, whether
25 completed before or after it goes into effect, the commission may make
26 such order in reference thereto as would be proper in a proceeding begun
27 after the rate, charge, form of contract or agreement, rule, regulation,
28 service, general privilege or facility has become effective.. If such
29 hearing cannot be concluded within the period of suspension as above
30 stated, the commission may extend the suspension for a further period,
31 not exceeding six months. The commission may, as authorized by section
32 ninety-seven of this article, establish temporary rates, charges or
33 rentals, for any period of suspension under this section.
34 (f) At any hearing involving a change or a proposed change of rates,
35 the burden of proof to show that the change or proposed change if
36 proposed by the utility, or that the existing rate, if it is proposed to
37 reduce the rate, is just and reasonable shall be upon the utility; and
38 the commission may give to the hearing and decision of such questions
39 preference over all other questions pending before it.
40 (g) During the suspension by the commission as above provided, the
41 schedule, rates, charges, form of contract or agreement, rule, regu-
42 lation, service, general privilege or facility in force when the
43 suspended schedule, rate, charge, form of contract, rule, regulation,
44 service, general privilege or facility was filed shall continue in force
45 unless the commission shall establish a temporary rate.
46 3. No [telegraph corporation or] telephone corporation subject to the
47 provisions of this chapter shall, directly or indirectly, give any free
48 or reduced service, or any free pass or frank for the transmission of
49 messages by [either] telephone [or telegraph] between points within this
50 state, except to its officers, employees, agents, pensioners, surgeons,
51 physicians, attorneys-at-law and their families; to persons or corpo-
52 rations exclusively engaged in charitable and eleemosynary work and
53 ministers of religions; to officers and employees of other [telegraph
54 corporations and] telephone corporations, railroad corporations and
55 street railroad corporations. But this subdivision shall not apply to
56 state, municipal or federal contracts.
A. 9423 19
1 § 54. Section 95 of the public service law, as added by chapter 673 of
2 the laws of 1910, subdivision 1 as amended by chapter 784 of the laws of
3 1923, subdivision 2 as amended by chapter 302 of the laws of 1937, and
4 subdivision 3 as added by chapter 829 of the laws of 1930, is amended to
5 read as follows:
6 § 95. Reports of [telegraph corporations and] telephone corporations.
7 1. Every [telegraph corporation and every] telephone corporation shall
8 file with the commission an annual report at a time and covering the
9 yearly period fixed by the commission. Such annual reports shall be
10 verified by the oath of the president, vice-president, treasurer, secre-
11 tary, general manager or receiver if any of such [corporations] corpo-
12 ration, or by the person required to file the same. Verification shall
13 be made by the official holding office at the time of the filing of said
14 report, and if not made upon the knowledge of the person verifying the
15 same shall set forth in general terms the sources of [his] their infor-
16 mation and the grounds for [his] their belief as to any matters not
17 stated to be verified on [his] their knowledge. The commission shall
18 prescribe the form of such reports and the character of the information
19 to be contained therein and may, from time to time make such changes and
20 additions in regard to form and contents thereof as it may deem proper
21 and shall furnish a blank form for such annual reports to every [tele-
22 graph corporation and every] telephone corporation required to make the
23 same. When the report of any [telegraph corporation or] telephone corpo-
24 ration is defective or erroneous the commission shall notify the corpo-
25 ration to amend the same within a time prescribed by the commission. The
26 said reports shall be preserved in the office of the commission. The
27 commission may require of any [telegraph corporation or] telephone
28 corporation specific answers to questions upon which the commission may
29 desire information. If any [telegraph corporation or] telephone corpo-
30 ration shall fail to make and file its annual report as and when
31 required or within such extended time as the commission may allow or
32 shall fail to make specific answers to any question within the period
33 specified by the commission for the making and filing of such answers,
34 such corporation shall forfeit to the state the sum of one hundred
35 dollars for each and every day it shall continue to be in default with
36 respect to such report or answer. Such forfeiture shall be recovered in
37 an action brought by the commission in the name of the people of the
38 state of New York. The amount recovered in any such action shall be paid
39 into the state treasury and shall be credited to the general fund. The
40 commission may, when it deems it advisable, exempt any [telegraph corpo-
41 ration or] telephone corporation from the necessity of filing annual
42 reports until the further order of the commission.
43 2. The commission may establish a system of accounts to be used by
44 [telegraph corporations and] telephone corporations, which are subject
45 to its jurisdiction, and are required to make annual reports to it or
46 classify the said corporations, and prescribe a system of accounts for
47 each class and may prescribe the manner in which such accounts shall be
48 kept. It may also, in its discretion prescribe the form of records to be
49 kept by such corporation. Notice of alterations by the commission in the
50 required method or form of keeping accounts shall be given to such
51 corporations by the commission at least six months before the same are
52 to take effect. The commission shall at all times have access to all
53 accounts, records and memoranda kept by [telegraph corporations and]
54 telephone corporations, and may designate any of its officers or employ-
55 ees who shall thereupon be authorized under the order of the commission
56 to inspect and examine any and all accounts, records and memoranda kept
A. 9423 20
1 by any such corporation; and the commission may, after a hearing,
2 prescribe by order, the accounts in which particular outlays and
3 receipts shall be entered, charged or credited. At any such hearing the
4 burden of proof shall be on the corporation to establish the correctness
5 of the accounts in which such outlays and receipts have been entered and
6 the commission may suspend a charge or credit pending submission of
7 proof by such corporation. Any provision of law prohibiting the disclo-
8 sure of the contents [of telegraph messages or the contents] or
9 substance of telephone communications shall not be deemed to prohibit
10 the disclosure of any matter in accordance with the provisions of this
11 chapter.
12 3. In the case of a telephone corporation having property actually
13 used in the public service within the state of a value of less than ten
14 thousand dollars and operated for profit, the commission may and wherev-
15 er it deems it practicable shall prescribe a simplified system of
16 accounts and reports suitable to the character and activities of the
17 telephone corporation regulated.
18 § 55. Section 108 of the rapid transit law is REPEALED.
19 § 56. Subdivision 9 of section 316-a of the real property law, as
20 amended by chapter 1065 of the laws of 1971, is amended to read as
21 follows:
22 9. No entry in any book or index in said clerk's office shall be
23 erased so as to be illegible, but in case of any correction, the same
24 shall be made without destroying the original by drawing a line through
25 such original entry, and in such cases the date of such correction,
26 attested by the signature of the clerk or [his] the clerk's deputy,
27 shall be entered upon the same page on which such correction is made, on
28 the margin opposite such correction. [In the event the indexes are in a
29 microfilm the correction shall be made by a hole being punched in the
30 margin adjacent to the corrected entry. No initials being required in
31 this event.]
32 § 57. Section 201 of the real property actions and proceedings law, as
33 amended by chapter 418 of the laws of 1980, is amended to read as
34 follows:
35 § 201. State tax commission, state or industrial commissioner as
36 defendant in certain real property actions. In any action affecting real
37 property upon which the [state tax commission] department of taxation
38 and finance has a lien under the tax law or under a law enacted pursuant
39 to the authority of the tax law or article two-E of the general city
40 law, whether or not such lien exists by reason of the filing or docket-
41 ing of a warrant under such laws, the [state tax commission] department
42 of taxation and finance may be made a party defendant in the same manner
43 as a private person. In any action affecting real property upon which
44 the state has a lien under sections two hundred forty-six-a and two
45 hundred forty-six-b of the lien law, the state may be made a party
46 defendant in the same manner as a private person. In any action affect-
47 ing real property upon which a lien exists by reason of the docketing of
48 a warrant pursuant to the unemployment insurance law, the [industrial]
49 commissioner of labor may be made a party defendant in the same manner
50 as a private person.
51 § 58. Subdivision b of section 13 of the retirement and social securi-
52 ty law, as amended by chapter 369 of the laws of 1964, is amended to
53 read as follows:
54 b. The comptroller shall be trustee of the several funds of the
55 retirement system. Such funds shall be invested by the comptroller in
56 securities in which [he] the comptroller is authorized by law to invest
A. 9423 21
1 the funds of the state, except that [he] the comptroller may invest in
2 obligations consisting of notes, bonds, debentures, or equipment trust
3 certificates issued under an indenture, which are the direct obligations
4 of, or in the case of equipment trust certificates are secured by direct
5 obligations of, a railroad or industrial corporation, or a corporation
6 engaged directly and primarily in the production, transportation,
7 distribution, or sale of electricity or gas, or the operation of tele-
8 phone [or telegraph] systems or waterworks, or in some combination of
9 them; provided the obligor corporation is one which is incorporated
10 under the laws of the United States, or any state thereof, or of the
11 District of Columbia, and said obligations shall be rated at the time of
12 purchase within the three highest classifications established by at
13 least two standard rating services. The maximum amount that the comp-
14 troller may invest in such obligations shall not exceed thirty per
15 centum of the assets of the New York state employees' retirement
16 system's funds; and provided further that not more than two and [one
17 half] one-half per centum of the assets of the New York state employees'
18 retirement system's funds shall be invested in the obligations of any
19 one corporation of the highest classification and subsidiary or subsid-
20 iaries thereof, that not more than two per centum of the assets of the
21 New York state employees' retirement system's funds shall be invested in
22 the obligations of any one corporation of the second highest classifica-
23 tion and subsidiary or subsidiaries thereof, that not more than one and
24 [one half] one-half per centum of the assets of the New York state
25 employees' retirement system's funds shall be invested in the obli-
26 gations of any one corporation of the third highest classification and
27 subsidiary or subsidiaries thereof. [He] The comptroller shall, however,
28 be subject to all terms, conditions, limitations and restrictions
29 imposed by this article and by law upon the making of such investments.
30 The comptroller shall have full power:
31 1. To hold, purchase, sell, assign, transfer or dispose of any of the
32 securities or investments, in which any of the funds of the retirement
33 system shall be invested, including the proceeds of such investments and
34 any monies belonging to such funds, and
35 2. In [his] the name of the comptroller as trustee, to foreclose mort-
36 gages upon default or to take title to real property in such proceedings
37 in lieu thereof and to lease and sell real property so acquired.
38 § 59. Section 115 of the retirement and social security law is
39 REPEALED.
40 § 60. Subparagraph (c) of paragraph 1 of subdivision i of section 341
41 of the retirement and social security law is REPEALED.
42 § 61. Subdivision f of section 381-a of the retirement and social
43 security law is REPEALED.
44 § 62. Section 79 of the second class cities law, as amended by chapter
45 710 of the laws of 1943, is amended to read as follows:
46 § 79. Contracts and expenditures prohibited. No officer, board, or
47 department shall, during any fiscal year, expend or contract to be
48 expended any money or incur any liability, or enter into any contract
49 which, by its terms, involves the expenditure of money for any of the
50 purposes for which provision is made in the annual estimate in excess of
51 the amounts appropriated in said estimate, as adopted by the common
52 council, for such officer, board, department or purpose, for such fiscal
53 year. Any contract, verbal or written, made in violation of this section
54 shall be null and void as to the city, and no moneys belonging to the
55 city shall be paid thereon, provided, however, that nothing herein
56 contained shall prevent the making of contracts for light or water, the
A. 9423 22
1 collection and disposal or the disposal of garbage, the collection and
2 removal of rubbish and ashes, or the cleaning of streets[, or the sprin-
3 kling of streets or public places by railway cars,] for periods exceed-
4 ing one year.
5 Nothing herein contained, however, shall be held to prohibit the
6 expenditure of such sums as may be made available, pursuant to section
7 seventy-six of this chapter or section 29.00 of the local finance law.
8 § 63. Section 201 of the second class cities law, as amended by chap-
9 ter 363 of the laws of 1921, is amended to read as follows:
10 § 201. Duties of the corporation counsel. The corporation counsel
11 shall be and act as the legal adviser of the common council and of the
12 several officers, boards and departments of the city. [He] The corpo-
13 ration counsel shall appear for and protect the rights and interests of
14 the city in all actions, suits and proceedings brought by or against it
15 or any city officer, board or department[, including the commissioner of
16 charities in bastardy proceedings]; and such officer, board or depart-
17 ment shall not employ other counsel. The corporation counsel may, howev-
18 er, with the written consent of the mayor, employ counsel, at such
19 compensation as may be approved by the board of estimate and apportion-
20 ment, to assist [him] the corporation counsel in the argument and
21 conduct of important cases or proceedings in which the city or any offi-
22 cer, board or department thereof is interested or a party.
23 § 64. Section 358-c of the social services law is REPEALED.
24 § 65. Section 52 of the state law, as amended by chapter 593 of the
25 laws of 1981, is amended to read as follows:
26 § 52. Governor may execute deed or release. Whenever the United
27 States, by any agent authorized under the hand and seal of any head of
28 an executive department of the government of the United States, or the
29 administrator of veterans' affairs of the government of the United
30 States, shall cause to be filed in the office of the secretary of state
31 of the state of New York, maps or plats and descriptions by metes and
32 bounds of any tracts or parcels of land within this state, except within
33 the Adirondack park as defined by section 9-0101 of the environmental
34 conservation law, where a special act of the legislature shall be
35 required, which have been acquired by the United States for any of the
36 purposes aforesaid, and a certificate of the attorney-general of the
37 United States that the United States is in possession of said lands and
38 premises for either of the works or purposes aforesaid, under a clear
39 and complete title, the governor of this state is authorized, if [he]
40 the governor deems it proper, to execute in duplicate, in the name of
41 the state and under its great seal, a deed or release of the state
42 ceding to the United States the jurisdiction of said tracts or parcels
43 of land as hereinafter provided. Such maps shall be drawn [with pen and
44 India ink upon tracing cloth and shall be otherwise] in form and manner
45 suitable to the files, records and purposes of the office of the secre-
46 tary of state, and show such data thereon, or in relation thereto, as
47 may be required by the secretary of state.
48 § 66. Section 211 of the general municipal law, as amended by chapter
49 684 of the laws of 1944, is amended to read as follows:
50 § 211. Certified copy of transfer to be filed. Whenever the United
51 States, by any agent authorized under the hand and seal of any head of
52 an executive department of the government of the United States, shall
53 cause to be filed in the office of the secretary of state of this state,
54 maps and descriptions by metes and bounds of any such pieces of land
55 which had been acquired by the United States for the purposes specified
56 in section two hundred [and] ten of this article, exclusive jurisdic-
A. 9423 23
1 tion, except as provided in section two hundred [and] twelve, is there-
2 upon ceded to the United States over the lands so described, during the
3 time that the United States shall be or remain the owner thereof. Such
4 maps shall be drawn [with pen and India ink upon tracing cloth and shall
5 be otherwise] in form and manner suitable to the files, records and
6 purposes of the office of the secretary of state, and show such data
7 thereon, or in relation thereto, as may be required by the secretary of
8 state.
9 § 67. Sections 303, 304, 313, 314, 315, 317, 319, 320, 323, 326, and
10 327 of the town law are REPEALED.
11 § 68. Subdivision 1 of section 251 of the personal property law, as
12 amended by chapter 106 of the laws of 1975, is amended to read as
13 follows:
14 1. The term "property" as used in this article means money, instru-
15 ments payable, drawn or issued to bearer or to cash, goods, chattels and
16 tangible personal property other than (a) "instruments" as defined in
17 subdivision two of this section, (b) animals, (c) wrecks governed by the
18 provisions of the navigation law[,] and (d) [logs and other property
19 governed by section three hundred twenty-three of the town law and (e)]
20 vehicles governed by the vehicle and traffic law.
21 § 69. Article 2-D of the transportation law is REPEALED.
22 § 70. Article 21 of the transportation law is REPEALED.
23 § 71. Subdivision 2 of section 2 of the transportation corporations
24 law is amended to read as follows:
25 2. A [telegraph corporation, a] telephone corporation [or a telegraph
26 and telephone corporation].
27 § 72. Paragraph 2 of subdivision (b) of section 3 of the transporta-
28 tion corporations law, as amended by chapter 734 of the laws of 1964, is
29 amended to read as follows:
30 2. If a [telegraph corporation, a] telephone corporation, [or a tele-
31 graph and telephone corporation,] the territory in which its operations
32 are to be carried on;
33 § 73. The article heading of article 3 of the transportation corpo-
34 rations law is amended to read as follows:
35 [TELEGRAPH AND] TELEPHONE CORPORATIONS
36 § 74. Section 25 of the transportation corporations law is amended to
37 read as follows:
38 § 25. [Definitions. A telegraph corporation is a corporation organized
39 to construct, own, use and maintain a line or lines of electric tele-
40 graph wholly within or partly without this state, or to acquire and own
41 any interest in any such line or lines, or any grants therefor or for
42 any or all of such purposes.] Definition. A telephone corporation is a
43 corporation organized to construct, own, use and maintain a line or
44 lines of electric telephone wholly within or partly without the state,
45 or to acquire and own any interest in any such line or lines, or any
46 grants therefor or for any or all of such purposes. [A telegraph and
47 telephone corporation is a corporation organized for both such telegraph
48 and telephone purposes.]
49 § 75. Section 26 of the transportation corporations law, as amended by
50 chapter 734 of the laws of 1964, is amended to read as follows:
51 § 26. Extension of lines. A [telegraph corporation, a] telephone
52 corporation [or a telegraph and telephone corporation] heretofore or
53 hereafter incorporated under or by any general or special law may
54 construct, own, use and maintain any line of [electric telegraph or]
55 telephone, whether or not the line and the territory in which it be
56 located was described in its original certificate of incorporation, and
A. 9423 24
1 whether wholly within or wholly or partly without the state, and may
2 join with any other corporation in constructing, leasing, owning, using
3 and maintaining such line, or hold or own any interest therein, or
4 become lessees thereof, upon delivering to the department of state for
5 filing a certificate of amendment. If the lines or territory are to be
6 extended the certificate shall describe the territory in which the oper-
7 ations of the corporation are to be carried on.
8 § 76. Section 27 of the transportation corporations law, as amended by
9 chapter 840 of the laws of 1977, is amended to read as follows:
10 § 27. Construction of lines. Any such corporation may erect, construct
11 and maintain the necessary fixtures for its lines upon, over or under
12 any of the public roads, streets and highways; and through, across or
13 under any of the waters within the limits of this state, and may erect,
14 construct and maintain its necessary stations, plants, equipment or
15 lines upon, through or over any other land, subject to the right of the
16 owners thereof to full compensation for the same. If any such corpo-
17 ration can not agree with such owner or owners upon the compensation to
18 be paid therefor, such compensation shall be ascertained in the manner
19 provided in the eminent domain procedure law. Any such corporation is
20 authorized, from time to time, to construct and lay lines of electrical
21 conductors under ground in any city, village or town within the limits
22 of this state, subject to all the provisions of law in reference to such
23 companies not inconsistent with this section; provided that such corpo-
24 ration shall, before laying any such line in any city, village or town
25 of this state, first obtain from the common council of cities, or other
26 body having like jurisdiction therein, the trustees of villages, or the
27 town superintendents of towns, permission to use the streets within such
28 city, village or town for the purposes herein set forth. [Nothing in
29 this section shall limit, alter, or affect the provisions or powers
30 relating or granted to telegraph corporations heretofore created by
31 special act of the legislature of this state, except in so far as to
32 confer on any such corporation the right to lay electrical conductors
33 under ground.]
34 § 77. Section 28 of the transportation corporations law is amended to
35 read as follows:
36 § 28. Transmission of dispatches. Every such corporation shall receive
37 dispatches from and for other [telegraph or] telephone lines or corpo-
38 rations, and from and for any person, and on payment of the usual charg-
39 es for transmitting dispatches as established by the rules and regu-
40 lations of such corporation, transmit the same with impartiality and
41 good faith and in the order in which they are received, and if it
42 neglects or refuses so to do, it shall pay one hundred dollars for every
43 such refusal or neglect to the person sending or desiring to send any
44 such dispatch and entitled to have it so transmitted, but arrangements
45 may be made with the proprietors or publishers or newspapers for the
46 transmission for publication of intelligence of general and public
47 interest out of its regular order.
48 § 78. Section 29 of the transportation corporations law, as amended by
49 chapter 734 of the laws of 1964, is amended to read as follows:
50 § 29. Transfer of property to other corporations. Any such corporation
51 may lease, sell or convey its property, rights, privileges and fran-
52 chises, or any interest therein, or any part thereof to any [telegraph,]
53 telephone [or telegraph and telephone] corporation organized under or
54 created by the laws of this or any other state, and may acquire by
55 purchase, lease or conveyance the property rights, privileges and fran-
56 chises, or any interest therein or part thereof of any such corporation,
A. 9423 25
1 and may make payments therefor in its own stock, money or property, or
2 receive payment therefor in the stock, money or property of the corpo-
3 ration to which the same may be so sold, leased or conveyed.
4 § 79. Sections 30 and 30-b of the transportation corporations law are
5 REPEALED.
6 § 80. Section 31 of the transportation corporations law is amended to
7 read as follows:
8 § 31. Application of article. The provisions of this article shall
9 apply to corporations owning, leasing, maintaining or operating or
10 organized for the purpose of owning, leasing, maintaining or operating,
11 a radio or wireless plant, equipment or system as a part of, or in
12 conjunction with, a station or stations engaged in or designed to engage
13 in public commercial intercourse by wireless [telegraphy or] telephony,
14 and also corporations for the generation and distribution of music elec-
15 trically; and such corporations shall possess the powers and be subject
16 to all the duties granted to or imposed upon [telegraph or] telephone
17 corporations thereby except that such corporations organized solely for
18 the generation and distribution of music electrically shall not have or
19 exercise the right of condemnation.
20 § 81. Subdivision 2 of section 103 of the transportation law, as
21 amended by chapter 322 of the laws of 2021, is amended to read as
22 follows:
23 2. No common carrier subject to the provisions of this chapter shall,
24 directly or indirectly, issue or give any free ticket, free pass or free
25 transportation for passengers or property between points within this
26 state, except to its officers, employees, agents, surgeons, physicians,
27 attorneys-at-law, and their families; to ministers of religion, officers
28 and employees of railroad young men's christian associations, incarcer-
29 ated individuals of hospitals, charitable and eleemosynary institutions
30 and persons exclusively engaged in charitable and eleemosynary work; and
31 to indigent, destitute and homeless persons and to such persons when
32 transported by charitable societies or hospitals, and the necessary
33 agents employed in such transportation; to incarcerated individuals of
34 the national homes or state homes for disabled volunteer soldiers and of
35 soldiers' and sailors' homes, including those about to enter and those
36 returning home after discharge, and boards of managers of such homes; to
37 necessary caretakers of property in transit; to employees of sleeping-
38 car companies, express companies, [telegraph and] telephone companies
39 doing business along the line of the issuing carrier; to railway mail
40 service employees, post-office inspectors, mail carriers in uniform,
41 customs inspectors and immigration inspectors; to newspaper carriers on
42 trains, baggage agents, witnesses attending any legal investigation or
43 proceeding in which the common carrier is interested, persons injured in
44 accidents or wrecks and physicians and nurses attending such persons; to
45 the carriage free or at reduced rates of persons or property for the
46 United States, state or municipal governments, or of property to or from
47 fairs and expositions for exhibit thereat.
48 § 82. Subdivision 2 of section 427 of the vehicle and traffic law is
49 amended to read as follows:
50 2. The comptroller, after reserving sufficient to provide at all times
51 a fund in [his] the comptroller's hands [of five thousand dollars] out
52 of which [he] the comptroller shall pay any refund under this chapter,
53 approved by [him] the comptroller and by the commissioner, shall on or
54 before the tenth day of each month pay to the department of taxation and
55 finance the balance to [his] the comptroller's credit in such bank,
56 banking house or trust company, on account of fees collected under this
A. 9423 26
1 chapter at the close of business on the last day of the preceding month
2 and such department shall pay such balance into the general fund of the
3 state treasury.
4 § 83. Section 86 of the workers' compensation law, as amended by chap-
5 ter 7 of the laws of 1989 and as further amended by section 104 of part
6 A of chapter 62 of the laws of 2011, is amended to read as follows:
7 § 86. Catastrophe surplus and reserves for workers' compensation. Ten
8 per centum of the premiums collected from employers insured in the fund
9 for workers' compensation shall be set aside for the creation of a
10 surplus [until such surplus shall amount to the sum of one hundred thou-
11 sand dollars, and thereafter five per centum of such premiums], until
12 such time as in the judgment of the commissioners such surplus shall be
13 sufficiently large to cover the catastrophe hazard. Thereafter the
14 contribution to such surplus may be reduced or discontinued conditional
15 upon constant maintenance of a sufficient surplus to cover the catastro-
16 phe hazard. Reserves shall be set up and maintained adequate to meet
17 anticipated losses and carry all claims and policies to maturity, which
18 reserves shall be computed to reflect the present values, at five
19 percent interest per annum, of the determined and estimated unpaid loss-
20 es, and other requirements computed in accordance with such rules as
21 shall be approved by the superintendent of financial services.
22 § 84. Article 17 of the general business law is REPEALED.
23 § 85. Section 15 of the employers' liability law is REPEALED.
24 § 86. Section 8 of the employers' liability law is amended to read as
25 follows:
26 § 8. Consent by employer and employee to compensation plan. When and
27 if any employer in this state and any of [his] their employees shall
28 consent to the compensation plan described in sections nine to [fifteen]
29 fourteen, inclusive, of this article, hereinafter referred to as the
30 plan, and shall signify their consent thereto in writing, signed by each
31 of them or their authorized agents, and acknowledged in the manner
32 prescribed by law for taking the acknowledgment of a conveyance of real
33 property, and such writing is filed with the county clerk of the county
34 in which it is signed by the employee, then so long as such consent has
35 not expired or been canceled as hereinafter provided, such employee, or
36 in case injury to [him] such employee results in death, [his] such
37 employee's executor or administrator, shall have no other right of
38 action against the employer for personal injury or death of any kind,
39 under any statute or at common law, save under the plan so consented to,
40 except where personal injury to the employee is caused in whole or in
41 part by the failure of the employer to obey a valid order made by the
42 industrial commission or other public authority authorized to require
43 the employer to safeguard [his] their employees, or where such injury is
44 caused by the serious or willful misconduct of the employer. In such
45 excepted cases thus described, no right of action which the employee has
46 at common law or by any other statute shall be affected or lost by [his]
47 the employee's consent to the plan, if such employee, or in case of
48 death [his] such employee's executor or administrator, commences such
49 action before accepting any benefit under such plan or giving any notice
50 of injury as provided in section nine hereof. The commencing of any
51 legal action whatsoever at common law or by any statute against the
52 employer on account of such injury, except under the plan, shall bar the
53 employee, and in the event of [his] such employee's death [his] such
54 employee's executors, administrators, dependents and other benefici-
55 aries, from all benefit under the plan. This section and sections nine
56 to [fifteen] fourteen, inclusive, of this article shall not apply to a
A. 9423 27
1 railroad corporation, foreign or domestic, doing business in this state,
2 or a receiver thereof, or to any person employed by such corporation or
3 receiver.
4 § 87. Subdivision 4 of section 115 of the judiciary law is REPEALED.
5 § 88. Paragraph (a) of section 5-1.1 of the estates, powers and trusts
6 law is REPEALED.
7 § 89. Section 62 of the agriculture and markets law is REPEALED.
8 § 90. Title 25 of article 8 of the public authorities law is REPEALED.
9 § 91. Subdivision 2 of section 1002 of the public authorities law, as
10 amended by chapter 521 of the laws of 1984, is amended to read as
11 follows:
12 2. It shall report annually to the governor and the legislature upon
13 its operations and transactions. Such annual report shall incorporate
14 the requirements of section [two thousand five] twenty-eight hundred of
15 this chapter, shall identify the authority by its statutory name, and
16 include a letter of transmittal in the report to the governor and the
17 legislature. The annual report shall also include, but not be limited
18 to, the following: (a) the amount of power and energy produced by each
19 project facility; (b) the amount of energy transferred between each
20 project facility for use within the authority's system; (c) the amount
21 of energy transferred between each project facility for sale outside the
22 authority's system; (d) the kilowatt-hour sales by project facility and
23 by customer including all intrastate sales to investor-owned electric
24 corporations, municipal electric systems and rural electric cooper-
25 atives, and all sales on a temporary (i.e., eighteen months or less)
26 basis; (e) the revenues and costs as allocated by the authority for each
27 project facility; (f) the busbar price or prices for power and energy
28 sold to each customer of the authority; (g) the accumulated provision
29 for depreciation for each project facility; and (h) basic financial and
30 operating information specifically detailed for the reporting year and
31 including but not limited to income and expense statements, balance
32 sheets, and changes in financial position, all in accordance with gener-
33 ally accepted accounting principles, debt structure and a summary of
34 funds on a cash basis. The requirement to provide information pursuant
35 to this subdivision is not intended to affect the authority's responsi-
36 bilities or obligations under this title or under any rate covenant or
37 any pledge of revenues outstanding as of the effective date of [the]
38 chapter five hundred twenty-one of the laws of nineteen hundred eighty-
39 four [which added this sentence to this subdivision].
40 § 92. Section 1115-y of the public authorities law, as amended by
41 chapter 403 of the laws of 1987, is amended to read as follows:
42 § 1115-y. Audit and annual report. The accounts of the authority and
43 the water board shall be subject to the supervision of the city comp-
44 troller. The authority shall annually submit to the governor and comp-
45 troller and to the state legislature a detailed report pursuant to the
46 provisions of section [two thousand five hundred] twenty-eight hundred
47 of title one of article nine of this chapter, and a copy of such report
48 shall be filed with the mayor. The authority shall comply with the
49 provisions of sections [two thousand five hundred one, two thousand five
50 hundred two, and two thousand five hundred three] twenty-eight hundred
51 one, twenty-eight hundred two, and twenty-eight hundred three of title
52 one of article nine of this chapter.
53 § 93. Section 1120-r of the public authorities law, as added by chap-
54 ter 724 of the laws of 1990, is amended to read as follows:
55 § 1120-r. Audit and annual report. In conformity with the provisions
56 of section five of article ten of the constitution, the accounts of the
A. 9423 28
1 authority shall be subject to the supervision of the comptroller. The
2 authority shall annually submit to the governor and state comptroller
3 and to the state legislature a detailed report pursuant to the
4 provisions of section [two thousand five] twenty-eight hundred of title
5 one of article nine of this chapter, and a copy of such report shall be
6 filed with the town supervisor. The authority shall comply with the
7 provisions of sections [two thousand five hundred one, two thousand five
8 hundred two, and two thousand five hundred three] twenty-eight hundred
9 one, twenty-eight hundred two, and twenty-eight hundred three of title
10 one of article nine of this chapter.
11 § 94. Section 1139 of the public authorities law, as added by chapter
12 592 of the laws of 1991, is amended to read as follows:
13 § 1139. Audit, annual report and information. In conformity with the
14 provisions of section five of article ten of the constitution, the
15 accounts of the authority shall be subject to the supervision of the
16 comptroller. The authority shall annually submit to the governor and
17 comptroller and to the state legislature a detailed report pursuant to
18 the provisions of section [two thousand five] twenty-eight hundred of
19 title one of article nine of this chapter, and a copy of such report
20 shall be filed with both the county executive and with the county legis-
21 lature. The authority shall comply with the provisions of sections [two
22 thousand five hundred one, two thousand five hundred two and two thou-
23 sand five hundred three] twenty-eight hundred one, twenty-eight hundred
24 two, and twenty-eight hundred three of title one of article nine of this
25 chapter.
26 The county executive and the [chairman] chairperson of the county
27 legislature may each designate a representative to act as a liaison to
28 the authority. Each such liaison shall have the right to attend all
29 meetings of the authority and request, from time to time, such informa-
30 tion as the liaison may deem reasonably necessary for the purpose of
31 informing the county executive and the county legislature, respectively,
32 of the activities of the authority.
33 § 95. Section 1199-r of the public authorities law, as added by chap-
34 ter 723 of the laws of 1986, is amended to read as follows:
35 § 1199-r. Audit and annual report. In conformity with the provisions
36 of section five of article ten of the constitution, the accounts of the
37 authority shall be subject to the supervision of the comptroller. The
38 authority shall annually submit to the governor and state comptroller
39 and to the state legislature a detailed report pursuant to the
40 provisions of section [two thousand five] twenty-eight hundred of title
41 one of article nine of this chapter, and a copy of such report shall be
42 filed with the county executive. The authority shall comply with the
43 provisions of sections [two thousand five hundred one, two thousand five
44 hundred two, and two thousand five hundred three] twenty-eight hundred
45 one, twenty-eight hundred two, and twenty-eight hundred three of title
46 one of article nine of this chapter.
47 § 96. Section 1199-ss of the public authorities law, as added by chap-
48 ter 709 of the laws of 1987, is amended to read as follows:
49 § 1199-ss. Audit and annual report. In conformity with the provisions
50 of section five of article ten of the constitution, the accounts of the
51 authority shall be subject to the supervision of the comptroller. The
52 authority shall annually submit to the governor and state comptroller
53 and to the state legislature a detailed report pursuant to the
54 provisions of section [two thousand five] twenty-eight hundred of title
55 one of article nine of this chapter, and a copy of such report shall be
56 filed with the county executive. The authority shall comply with the
A. 9423 29
1 provisions of sections [two thousand five hundred one, two thousand five
2 hundred two, and two thousand five hundred three] twenty-eight hundred
3 one, twenty-eight hundred two, and twenty-eight hundred three of title
4 one of article nine of this chapter.
5 § 97. Section 2045-r of the public authorities law, as added by chap-
6 ter 932 of the laws of 1981, is amended to read as follows:
7 § 2045-r. Audit and annual report. In conformity with the provisions
8 of section five of article ten of the constitution, the accounts of the
9 agency shall be subject to the supervision of the state comptroller.
10 The agency shall annually submit to the governor and state comptroller
11 and to the state legislature a detailed report pursuant to the
12 provisions of section [two thousand five] twenty-eight hundred of this
13 chapter, and a copy of such report shall be filed with the county execu-
14 tive. The agency shall comply with the provisions of sections [two thou-
15 sand five hundred one, two thousand five hundred two, and two thousand
16 five hundred three] twenty-eight hundred one, twenty-eight hundred two,
17 and twenty-eight hundred three of title one of article nine of this
18 chapter.
19 § 98. Section 2046-q of the public authorities law, as added by chap-
20 ter 632 of the laws of 1982, is amended to read as follows:
21 § 2046-q. Audit and annual report. In conformity with the provisions
22 of section five of article ten of the constitution, the accounts of the
23 agency shall be subject to the supervision of the state comptroller. The
24 agency shall annually submit to the governor and the state comptroller
25 and to the state legislature a detailed report pursuant to the
26 provisions of sections [two thousand five hundred, two thousand five
27 hundred one, two thousand five hundred two and two thousand five hundred
28 three] twenty-eight hundred, twenty-eight hundred one, twenty-eight
29 hundred two, and twenty-eight hundred three of title one of article nine
30 of this chapter, and a copy of such report shall be filed with the town
31 clerk.
32 § 99. Section 2047-r of the public authorities law, as added by chap-
33 ter 675 of the laws of 1982 and as renumbered by chapter 502 of the laws
34 of 1983, is amended to read as follows:
35 § 2047-r. Audit and annual report. In conformity with the provisions
36 of section five of article ten of the constitution, the accounts of the
37 agency shall be subject to the supervision of the state comptroller. The
38 agency shall annually submit to the governor and state comptroller and
39 to the state legislature a detailed report pursuant to the provisions of
40 section [two thousand five] twenty-eight hundred of title one of article
41 nine of this chapter, and a copy of such report shall be filed with the
42 county executive. The agency shall comply with the provisions of
43 sections [two thousand five hundred one, two thousand five hundred two,
44 and two thousand five hundred three] twenty-eight hundred one, twenty-
45 eight hundred two, and twenty-eight hundred three of title one of arti-
46 cle nine of this chapter.
47 § 100. Section 2049-s of the public authorities law, as added by chap-
48 ter 638 of the laws of 1984, is amended to read as follows:
49 § 2049-s. Audit and annual report. In conformity with the provisions
50 of section five of article ten of the constitution, the accounts of the
51 authority shall be subject to the supervision of the state comptroller
52 and an annual audit shall be performed by an independent certified
53 accountant. The authority shall annually submit to the governor and
54 state comptroller and to the state legislature a detailed report pursu-
55 ant to the provisions of section [two thousand five] twenty-eight
56 hundred of title one of article nine of this chapter, and a copy of such
A. 9423 30
1 report shall be filed with the town supervisor. The authority shall
2 comply with the provisions of sections [two thousand five hundred one,
3 two thousand five hundred two, and two thousand five hundred three]
4 twenty-eight hundred one, twenty-eight hundred two, and twenty-eight
5 hundred three of title one of article nine of this chapter.
6 § 101. Section 2050-r of the public authorities law, as added by chap-
7 ter 936 of the laws of 1986, is amended to read as follows:
8 § 2050-r. Audit and annual report. In conformity with the provisions
9 of section five of article ten of the state constitution, the accounts
10 of the agency shall be subject to the supervision of the state comp-
11 troller. The agency shall annually submit to the governor and state
12 comptroller and to the state legislature a detailed report pursuant to
13 the provisions of section [two thousand five] twenty-eight hundred of
14 title one of article nine of this chapter, and a copy of such report
15 shall be filed with the [chairman] chairperson of the county legisla-
16 ture. The agency shall comply with the provisions of sections [two thou-
17 sand five hundred one, two thousand five hundred two and two thousand
18 five hundred three] twenty-eight hundred one, twenty-eight hundred two,
19 and twenty-eight hundred three of title one of article nine of this
20 chapter.
21 § 102. Section 61.01 of the arts and cultural affairs law is REPEALED.
22 § 103. Articles 3, 4 and 5 of the debtor and creditor law are
23 REPEALED.
24 § 104. Section 352 of the correction law is amended to read as
25 follows:
26 § 352. Creditor must relinquish security. A creditor of the prisoner,
27 who has a judgment, mortgage, or other security[, specified in section
28 fifty-nine of the debtor and creditor law,] can not apply for such an
29 appointment, with respect to the debt so secured, unless [he] such cred-
30 itor appends to or includes in [his] their petition, [the] a declara-
31 tion[, required by that section from a consenting creditor; which decla-
32 ration has the same effect as the declaration of a consenting creditor,
33 as therein specified] to the effect, that the creditor relinquishes the
34 mortgage, judgment, or other security, so far as it affects that proper-
35 ty, to the trustee to be appointed pursuant to the petition, for the
36 benefit of all the creditors. Such a declaration operates, to that
37 extent, as an assignment to the trustee, of the mortgage, judgment, or
38 other security; and vests in such trustee accordingly all the right and
39 interest of the consenting creditor therein.
40 § 105. Section 353 of the correction law is amended to read as
41 follows:
42 § 353. Contents of petition. The petition must be in writing, and
43 verified by the affidavit of the petitioner, to the effect, that the
44 matters of fact therein stated are true, to the best of the petitioner's
45 knowledge and belief. It must set forth the facts, showing that the
46 applicant is entitled to make the application, and that the application
47 is made to the proper court; the name and residence of each person, who
48 is entitled to make such an application, as prescribed in the last
49 section but one, except the fifth subdivision thereof; and a brief
50 description of the property, real and personal, of the prisoner, and the
51 value thereof. If the applicant is a creditor, and not a resident of the
52 state, [he] such applicant must annex to [his] the petition, the [papers
53 specified in section sixty-two of the debtor and creditor law] original
54 accounts, or sworn copies thereof, and the original specialties or other
55 written securities, if any, upon which such applicant's demand arose or
56 depends. If any of the facts, herein required to be set forth can not be
A. 9423 31
1 ascertained by the petitioner, after the exercise of due diligence, that
2 fact must be stated; and the court may, in its discretion, issue a
3 subpoena, requiring any person to attend and testify, respecting any
4 matter, which, in its opinion, ought to be more fully and certainly set
5 forth.
6 § 106. Section 118 of the judiciary law is REPEALED.
7 § 107. Sections 43 and 120 of the Indian law are REPEALED.
8 § 108. Section 10 of the employers' liability law, subdivision 2 as
9 amended by chapter 115 of the laws of 1981, is amended to read as
10 follows:
11 § 10. Amount of compensation; persons entitled; physical examination.
12 The amount of compensation under the plan shall be: 1. In case death
13 results from injury:
14 (a) If the employee leaves a [widow] surviving spouse or next of kin
15 at the time of [his] the employee's death wholly dependent on [his] the
16 employee's earnings, a sum equal to twelve hundred times the daily earn-
17 ings of the employee at the rate at which [he] such employee was being
18 paid by the employer at the time of the accident[, but not more in any
19 event than three thousand dollars]. Any weekly payments previously made
20 under the plan shall be deducted in ascertaining such amount payable on
21 death.
22 (b) If such [widow] surviving spouse or next of kin or any of them are
23 in part only dependent upon [his] the employee's earnings, such sum not
24 exceeding that provided in paragraph (a) of this subdivision [a] as may
25 be determined to be reasonable and proportionate to the injury to such
26 dependents.
27 (c) If [he] the employee leaves no [widow] surviving spouse, or next
28 of kin so dependent in whole or in part, the reasonable expenses of
29 [his] the employee's medical attendance and burial[, not exceeding one
30 hundred dollars]. Whatever sum may be determined to be payable under the
31 plan, in case of death of the injured employee, shall be paid to [his]
32 the employee's legal representative for the benefit of such dependents,
33 or if [he] the employee leaves no such dependents, for the benefit of
34 the person to whom the expenses of medical attendance and burial are
35 due.
36 2. Where total or partial incapacity for work at any gainful employ-
37 ment results to the employee from the injury, a weekly payment commenc-
38 ing at the end of the second week after the injury and continuing during
39 incapacity, subject as herein provided, not exceeding fifty per centum
40 of [his] the employee's average weekly earnings when at work on full
41 time during the preceding year during which [he] the employee shall have
42 been in the employment of the same employer, or if [he] the employee
43 shall have been employed less than a year, then a weekly payment of not
44 exceeding three times the average daily earnings on full time for such
45 less period.
46 In fixing the amount of the weekly payment, regard shall be had to any
47 payment, allowance or benefit which the [workman] employee may have
48 received from the employer during the period of [his] the employee's
49 incapacity, and in the case of partial incapacity the weekly payment
50 shall in no case exceed the difference between the amount of the average
51 weekly earnings of the [workman] employee before the accident and the
52 average amount which [he] the employee is earning or is able to earn in
53 some suitable employment or business after the accident, but shall
54 amount to one-half of such difference. In no event shall any weekly
55 payment payable under the plan [exceed ten dollars per week or] extend
56 over more than eight years from the date of the accident. Any person
A. 9423 32
1 entitled to receive weekly payments under the plan is required, if
2 requested by the employer, to submit [himself] themself for examination
3 by a duly qualified medical practitioner or surgeon provided and paid
4 for by the employer, at a time and place reasonably convenient for the
5 employee, within three weeks after the injury, and thereafter at inter-
6 vals not oftener than once in six weeks. If the [workman] employee
7 refuses so to submit, or obstructs the same, [his] the employee's right
8 to weekly payments shall be suspended until such examination shall have
9 taken place, and no compensation shall be payable under the plan during
10 such period. In case an injured employee shall be mentally incompetent
11 at the time when any right or privilege accrues to [him] such employee
12 under the plan, a committee or guardian of the incompetent employee,
13 appointed pursuant to law, may, on behalf of such incompetent employee,
14 claim and exercise any such right or privilege with the same force and
15 effect as if the employee [himself] had been competent and had claimed
16 or exercised any such right or privilege; and no limitation of time
17 herein provided for shall run so long as said incompetent employee has
18 no committee or guardian. In case an injured employee shall be under a
19 substantial impairment within the meaning of the conservatorship
20 provisions of article seventy-seven of the mental hygiene law at the
21 time when any property right accrues to [him] such employee under the
22 plan, a conservator, appointed pursuant to law, may, on behalf of such
23 conservatee, claim and exercise any property right with the same force
24 and effect as if the employee had been capable of managing [his] their
25 own affairs and had claimed such right; and no limitation of time herein
26 provided shall run so long as said employee has no conservator.
27 § 109. This act shall take effect immediately.
