ployment program or veterans' workshop with relation to any product or services purchased by the state or an agency or political subdivision or public benefit corporation thereof and to furnish the results of such audit and examination to the commissioner of general services for such action as he may deem appropriate under this section. 3. The state commissioner of social services shall appoint the New York state commission for the visually handicapped, or other non-profitmaking agency, other than the agency representing the other severely handicapped, to facilitate the distribution of orders among qualified non-profit-making charitable agencies for the blind. The state commissioner of education shall appoint a non-profit-making agency, other than the agency representing the blind, to facilitate the distribution of orders among qualified non-profit-making charitable agencies for the other severely handicapped and the veterans workshops. The state commissioner of mental health shall facilitate the distribution of orders among qualified special employment programs operated by the office of mental health serving mentally ill persons. § 2. Subdivisions 1 and 2 of section 175-b of the state finance law, as amended by chapter 509 of the laws of 1988, are amended to read follows: as 1. Except as hereinafter provided, all suitable products and services, as determined by the commissioner of general services, hereafter procured by or for the state or any governmental agency or political subḍivision or public benefit corporation thereof having their own purchasing agency, shall be procured in accordance with applicable specifications of the state office of general services or of such purchasing authority of a political subdivision or public benefit corporation from qualified charitable non-profit-making agencies for the blind approved by the commissioner of social services and qualified charitable non-profit-making agencies for the other severely handicapped approved by the commissioner of education and qualified special employment programs for mentally ill persons approved by the commissioner of mental health and veterans' workshops approved by the commissioner of education, [organized under the laws of this state and] manufacturing such products or performing such services within this state, whenever such products or services are available at the price thereof determined by the commissioner of general services as provided in section one hundred seventy-five-a of this article. 2. In the event any products or services described in this section are available for procurement from any department or agencies of the state, and procurement there from is required by other provisions of this chapter or by the provisions of any other law, procurement of such products shall be made in accordance with such other provisions of law. Notwithstanding the foregoing, section one hundred seventy-five-c of this article shall supercede inconsistent provisions of this chapter and inconsistent provisions of any other law. Apart from the foregoing exception, in the procurement of any such suitable products manufactured by qualified charitable non-profit-making agencies for the blind and other severely handicapped, and qualified special employment programs for mentally ill persons, and veterans' workshops, priority shall be accorded to such products produced and offered for sale by such qualified charitable non-profit-making agencies for the blind and a secondary priority shall be equally accorded to products produced and offered for sale by [both] qualified non-profitmaking agencies for other severely handicapped [and], qualified special employment programs for mentally ill persons, and a qualified veterans' workshop, while in the procurement of suitable services an equal priority shall be accorded the services rendered and offered for sale by qualified non-profit-making agencies for the blind and those for the other severely handicapped, [and] by qualified special employment programs for mentally ill persons, and by qualified veterans' workshops. § 3. Subdivision 1 of section 175-c of the state finance law, as added by chapter 800 of the laws of 1987, is amended to read as follows: 1. Notwithstanding any other provision of this article, except for the provisions of section one hundred seventy-five-b of this article which relates to procurement from non-profit-making agencies for the blind or severely handicapped, products and services produced by special employment programs operated by facilities within the office of mental health may be purchased by any facility within such office. Such prodEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law ucts and services shall be competitive in price and comparable in quality to those products and services which could otherwise be obtained through state purchasing practices as provided in this article. 4. This act shall take effect on the one hundred twentieth day after the date on which it shall have become a law. CHAPTER 478 AN ACT to amend the judiciary law, in relation to interpreters for the deaf and to repeal section 1 of chapter 703 of the laws of 1991 amending the judiciary law relating to certified interpreters for the deaf, in relation thereto Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 1 of chapter 703 of the laws of 1991 amending the judiciary law relating to certified interpreters for the deaf, is repealed. § 2. Section 390 of the judiciary law, as amended by chapter 284 of the laws of 1991, is amended to read as follows: § 390. Appointment of interpreter for deaf person. Whenever any deaf person is a party to a legal proceeding of any nature, or a witness therein, the court in all instances shall appoint a qualified interpreter who is certified by a recognized national or New York state credentialing authority as approved by the chief administrator of the courts to interpret the proceeding to, and the testimony of, such deaf person; provided, however, where compliance with this section would cause unreasonable delay in court proceedings, the court shall be authorized to temporarily appoint an interpreter who is otherwise qualified to interpret the proceedings to, and the testimony of, such deaf person until a certified interpreter is available. In any criminal action in a state-funded court, the court shall also appoint such an interpreter to interpret the proceedings to a deaf person who is the victim of the crime or may appoint such interpreter for the deaf members of the immediate family (parent or spouse) of a victim of the crime when specifically requested to do so by such victim or family member. The fee for all such interpreting services shall be a charge upon the state at rates of compensation established by rule of the chief administrator; except that where such interpreting services are rendered in a justice court, the fee therefor shall be paid as provided by law in effect on July first, nineteen hundred ninety-one. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 15, 1991; provided, however, that section one of this act shall be deemed to have been in full force and effect on and after August 2, 1991. CHAPTER 479 AN ACT to amend the family court act and the penal law, in relation to consent for provision of medical, dental and mental health services to youth placed with the division for youth Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The family 355.4 to read as follows: court act is amended by adding a new section § 355.4. Provisions for routine medical, dental and mental health services and treatment. 1. At the conclusion of the dispositional hearing pursuant to this article, where the respondent is to be placed with the division for youth, the court shall inquire as to whether the parents or legal guardian of the youth, if present, will consent for the division to provide routine medical, dental and mental health services and treatment. 2. Notwithstanding subdivision one of this section, where the court places a youth with the division pursuant to this article and no medical consent has been obtained prior to an order of disposition, the placement order shall be deemed to grant consent for the division for youth to provide for routine medical, dental and mental health services and treatment to such youth so placed. 3. Subject to regulations of the department of health, routine medical, dental and mental health services and treatment is defined for the purposes of this section to mean any routine diagnosis or treatment, including without limitation the administration of medications or nutrition, the extraction of bodily fluids for analysis, and dental care performed with a local anesthetic. Routine mental health treatment shall not include psychiatric administration of medication unless it is part of an ongoing mental health plan or unless it is otherwise authorized by law. rou 4. (a) At any time during placement or at an extension of placement hearing, a parent or legal guardian may make a motion objecting to tine medical, dental or mental health services and treatment being provided to such youth as authorized under the provisions of subdivision one of this section. (b) Such notice of motion shall be served on the youth, the presentment agency and the division not less than seven days prior to the return date of the motion. The persons on whom the notice of motion is served shall answer the motion not less than two days before the return date. On examining the motion and answer and, in its discretion, after hearing argument, the court shall enter an order, granting or denying the motion. 5. Nothing in this section shall preclude a youth from consenting on his or her own behalf to any medical, dental or mental health service and treatment where otherwise authorized by law to do so, or the division for youth from petitioning the court pursuant to section two hundred thirty-three of this act, as appropriate. 2. The family court act is amended by adding a new section 756-b to read as follows: § 756-b. Provisions for routine medical, dental and mental health services and treatment. 1. At the conclusion of the dispositional hearing pursuant to this article, where the respondent is placed with the division for youth, the court shall inquire as to whether the parents or legal guardian of the youth, if present, will consent for the division to provide routine medical, dental and mental health services and treatment. 2. Notwithstanding subdivision one of this section, where the court places a youth with the division pursuant to this article and no medical consent has been obtained prior to the conclusion of the dispositional hearing, the placement order shall be deemed to grant consent for the division for youth to provide for routine medical, dental and mental health services and treatment to such youth so placed. 3. Subject to regulations of the department of health, routine medical, dental and mental health services and treatment is defined for the purposes of this section to mean any routine diagnosis or treatment, including without limitation the administration of medications or nutrition, the extraction of bodily fluids for analysis, and dental care performed with a local anesthetic. Routine mental health treatment shall not include psychiatric administration of medication unless it is part of an ongoing mental health plan or unless it is otherwise authorized by law. 4. (a) At any time during placement or at an extension of placement hearing, a parent or legal guardian may make a motion objecting to tine medical, dental or mental health services and treatment being provided to such youth as authorized under the provisions of subdivision one of this section. rou EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law (b) Such notice of motion shall be served on the youth, the presentment agency and the division not less than seven days prior to the return date of the motion. The persons on whom the notice of motion is served shall answer the motion not less than two days before the return date. On examining the motion and answer and, in its discretion, after hearing argument, the court shall enter an order, granting or denying the motion. 5. Nothing in this section shall preclude a youth from consenting on his or her own behalf to any medical, dental, or mental health service and treatment where otherwise authorized by law to do so, or the division for youth from petitioning the court pursuant to section two hundred thirty-three of this act, as appropriate. § 3. Subdivision 4 of section 70. 20 of the penal law, as added by chapter 303 of the laws of 1981, is amended to read as follows: 4. (a) Notwithstanding any other provision of law to the contrary, a juvenile offender, or a juvenile offender who is adjudicated a youthful offender and given an indeterminate or a definite sentence, shall be committed to the custody of the director of the division for youth who shall arrange for the confinement of such offender in secure facilities of the division. The release or transfer of such offenders from the division for youth shall be governed by section five hundred fifteen-b of the executive law. (b) The court in committing a juvenile offender and youthful offender to the custody of the division for youth shall inquire as to whether the parents or legal guardian of the youth, if present, will consent for the division to provide routine medical, dental and mental health services and treatment. (c) Notwithstanding paragraph (b) of this subdivision, where the court commits an offender to the custody of the division for youth in accordance with this section and no medical consent has been obtained prior to said commitment, the commitment order shall be deemed to grant consent for the division for youth to provide for routine medical, dental and mental health services and treatment to the offender so committed. (d) Subject to regulations of the department of health, routine medical, dental and mental health services and treatment is defined for the purposes of this section to mean any routine diagnosis or treatment, including without limitation the administration of medications or nutrition, the extraction of bodily fluids for analysis, and dental care performed with a local anesthetic. Routine mental health treatment shall not include psychiatric administration of medication unless it is part of an ongoing mental health plan or unless it is otherwise authorized by law. (e) Nothing in this subdivision shall preclude a parent or legal guardian of an offender who is not yet eighteen years of age from making a motion on notice to the division for youth pursuant to article twentytwo of the civil practice law and rules objecting to routine medical dental or mental health services and treatment being provided to such offender under the provisions of paragraph (b) of this subdivision. (f) Nothing in this section shall require that consent be obtained from the parent or legal guardian, where no consent is necessary or where the offender is authorized by law to consent on his or her own behalf to any medical, dental and mental health service or treatment. § 4. This act shall take effect immediately. CHAPTER 480 AN ACT to amend the insurance law and the executive law, in relation to providing civil penalties for fraudulent insurance acts and mandating a discount on comprehensive automobile insurance policies where cer tain anti-theft devices are installed The Became a law July 17, 1992, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subsection (c) of section 403 of the insurance law is relettered subsection (d) and amended to read as follows: (d) All applications for commercial insurance and all claim forms, except as provided for in subsection (e) of this section, shall contain a notice in a form approved by the superintendent that clearly states in substance the following: "Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime[". ], and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation." § 2. Section 403 of the insurance law is amended by adding two new subsections (c) and (e) to read as follows: (c) In addition to any criminal liability arising under the provisions of this section, the superintendent shall be empowered to levy a civil penalty not exceeding five thousand dollars and the value of the subject motor vehicle or stated claim upon any person, including those persons and their employees licensed pursuant to this chapter, who is found to have committed a fraudulent insurance act or otherwise violates the provisions of this section. (e) All applications for automobile insurance and all claim forms shall contain a notice, in a form approved by the superintendent, that clearly states in substance the following: "Any person who knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the department of motor vehicles or an insurance company, comBits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation." § 3. The section heading of section 2336 of the insurance law, as amended by chapter 282 of the laws of 1987, is amended to read as follows: Motor vehicle liability, comprehensive and collision insurance rates; premium reductions in certain cases. § 4. Section 2336 of the insurance law is amended by adding two new subsections (e) and (f) to read as follows: pre (e) Any schedule or rating plan for non-commercial private passenger automobile insurance shall provide for an appropriate reduction in nium charges for comprehensive coverage with respect to any insured vehicle equipped with an operational anti-theft and recovery device consisting of an electronic homing device used in conjunction with a participating police agency and using a radio frequency network allocated by the Federal Communications Commission; provided, however, that in no event shall the non-use of this device or any other anti-theft device constitute grounds for an increase in policy premiums or cancellations or non-renewal of a non-commercial private passenger automobile insurance policy. pre (f) Any schedule or rating plan for non-commercial private passenger automobile insurance shall provide for an appropriate reduction in nium charges for comprehensive coverage with respect to any insured vehicle equipped with window glass etched with the vehicle identification number or any other unique identifying symbol. The term "window glass" shall include not less than the windshield, door glass and rear window of the insured vehicle. 5. Subdivisions 1 and 5 of section 837-a of the executive law, subdivision 1 as amended and subdivision 5 as added by chapter 631 of the laws of 1987, are amended to read as follows: 1. Collect and analyze statistical and other information and data with respect to the number of persons charged with the commission of a felony, including, but not limited to, the felony provisions of articles twenty-seven, thirty-seven and forty, and titles twenty-seven and thirty-seven of article seventy-one of the environmental conservation law, article four of the insurance law, sections 176.15, 176.20, 176.25 and 176.30 of the penal law relative to insurance fraud, as such term is defined in section 176.05 of such law, by indictment or the filing of a superior court information, the felony with which the person was charged therein, the county within which the indictment or superior court information was filed, the disposition thereof including, but not limited EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |