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are not disclosed, the court shall state for the record that a part or parts of the report or memoranda have been excepted and the reasons for its action. The action of the court excepting information from disclosure shall be subject to appellate review. The pre-sentence report shall be made available by the court for examination and copying in connection with any appeal in the case, including an appeal under this subdivision. (b) The victim impact statement prepared pursuant to subdivision three of section 390.30 of this article shall be made available by the prosecutor prior to sentencing to the victim or victim's family in accordance with his responsibilities under subdivision one of section 60.27 of the penal law and sections six hundred forty-one and six hundred forty-two of the executive law.

§ 5. Subdivision two of section 440.50 of such law, as added by chapter four hundred ninety-six of the laws of nineteen hundred seventyeight, is amended to read as follows;

in this section, "victim" means any person alleged or found, upon the record, to have sustained physical or financial injury to person or property as a direct result of the crime charged or a person alleged or found to have sustained, upon the record, an offense der article one hundred thirty of the penal law, or in the case of a homicide or minor child, the victim's family.

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§ 6. Subdivision one of section 60.27 of the penal law, as amended by chapter three hundred ninety-seven of the laws of nineteen hundred eighty-three, is amended to read as follows:

1. In addition to any of the dispositions authorized by this article, the court shall consider restitution to the victim of the crime and may require restitution as part of the sentence imposed upon a person convicted of an offense, and after providing the district attorney with an opportunity to be heard in accordance with the provisions of this subdivision, require the defendant to make restitution of the fruits of his offense or reparation for the loss or damage caused thereby. The district attorney[,] shall, upon notification by a victim that such victim seeks restitution,] where appropriate advise the court at the time of sentencing that the victim seeks [restitition] restitution, the extent of injury or economic loss or damage of the victim, and the amount of restitution sought by the victim in accordance with his responsibilities under subdivision two of section 390.50 of the criminal procedure law and article twenty-three of the executive law. The court shall hear and consider the information presented by the district attorney in this regard.

§ 7. Subdivision twenty of section six hundred twenty-three of the executive law, as added by chapter four hundred fifteen of the laws of nineteen hundred seventy-nine, is amended to read as follows:

20. To render each year to the governor and to the legislature a written report on the board's activities and the manner in which the rights, needs and interests of crime victims are being addressed by the state's criminal justice system. Such report shall include but not be limited

to:

(a) Information transmitted by the state division of probation under subdivision five of section 390.30 of the criminal procedure law which the board shall compile, review and make recommendations on to promote the use of restitution and encourage its enforcement.

(b) Information relating to the implementation of and compliance with article twenty-three of this chapter by the criminal justice agencies and the "crime victim-related agencies" of the state.

§ 8. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law and shall apply to crimes committed on or after such date provided that the amendment to subdivision twenty of section six hundred twenty-three of the executive law made by section seven of this act shall not affect the expiration of certain provisions contained therein as enacted by chapter four hundred fifteen of the laws of nineteen hundred seventy-nine, as last extended by chapter one hundred fifteen of the laws of nineteen hundred eightythree.

EXPLANATION-Matter in italics is new; matter in brackets [] is old law to be omitted.

CHAPTER 15

AN ACT authorizing the New York state public employment relations board to appoint a three member arbitration panel for the purpose of resolving a labor dispute

Became a law March 31, 1985, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

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

Section 1. The provisions of this act shall be controlling to the extent that any provision of any general, special or local law is inconsistent with any provision contained herein.

§ 2. (a) In the event that the public employment relations board created pursuant to section two hundred five of the civil service law certifies that a voluntary resolution of the collective negotiations between the New York city transit authority and the Manhattan and Bronx surface transit operating authority (hereinafter referred to as public employer) and a public employee organization certified or recognized to represent employees of such public employer, cannot be effected, or upon the joint request of the public employer and the affected public employee organization, such board shall appoint a three member arbitration panel which shall be the three impartial members of the board of collective bargaining described in section eleven hundred seventy-one of the New York city charter. The chairman of the board of collective bargaining shall be the chairman of the panel.

(b) The arbitration panel shall hold hearings on all matters within the scope of bargaining related to the dispute for which such panel was appointed. The parties may be heard either in person, by counsel, or by other representatives, as they may respectively designate. The parties may present, either orally or in writing, or both, statement of fact, supporting witnesses and other evidence, and argument of their respective positions with respect to each case. The panel shall have authority to require the production of such additional evidence, either oral or written, as it may desire from the parties and shall provide at the request of either party that a full and complete record be kept of any such hearings, the cost of such record to be shared equally by the par

ies All matters presented to such panel for its determination shall be

decided by a majority vote of the members of the panel. The panel, prior to a vote on any issue in dispute before it, may refer the issues back to the parties for further negotiations;

(d) Such panel shall make a just and reasonable determination of matters in dispute. In arriving at such determination, the panel shall specify the basis for its findings, taking into consideration, in addition to any other relevant factors, the following:

1. comparison of the wages, hours, fringe benefits, conditions and characteristics of employment of the public employees involved in the impasse proceeding with the wages, hours, fringe benefits, conditions and characteristics of employment of other employees performing similar work and other employees generally in public or private employment in New York city or comparable communities;

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2. the overall compensation paid to the employees involved in the impasse proceeding, including direct wage compensation, overtime and mium pay, vacations, holidays and other excused time, insurance, pensions, medical and hospitalization benefits, food and apparel furnished, and all other benefits received;

3. changes in the average consumer prices for goods and services, commonly known as the cost of living;

4. the interest and welfare of the public;

5.

such other factors as are normally and customarily considered in the determination of wages, hours, fringe benefits, and other working conditions in collective bargaining or in impasse panel proceedings.

(e) Pursuant to the New York state financial emergency act for the city of New York, any report or recommendation of the arbitration panel which provides for an increase in wages or fringe benefits of any public employee of a public employer, in addition to considering any standard or factor required to be considered by applicable law, shall also take

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into consideration and accord substantial weight to the financial ity of the public employer to pay the cost of such increase in wages or benefits.

(f) The panel shall apply the statutory standards, so as to place the New York city transit authority and Manhattan and Bronx surface transit operating authority and their employees in the same position as the city of New York and its employees with respect to the statutory standards. (g) The determination of the panel shall be final and binding upon the parties for the period, prescribed by the panel provided that in prescribing such period, regardless of the length thereof, the panel shall establish a termination date for such period of March thirtyfirst. Except for the purposes of judicial review, any provisions of a determination of the arbitration panel the implementation of which requires an enactment of a law shall not become binding until the appropriate legislative body enacts such law.

(h) The determination of the panel shall be subject to review by a court of competent jurisdiction in the manner prescribed by law, including review procedures of the New York state financial emergency act for the city of New York.

§ 3. For the purposes of subdivision three of section two hundred ten of the civil service law and section seven hundred fifty-one of the judiciary law, the public employer shall be deemed to be a government exempt from certain provisions of article fourteen of the civil service law pursuant to section two hundred twelve of such law. Where an employee organization is determined by the court in the exercise of its authority under section seven hundred fifty-one of the judiciary law to have violated the provisions of subdivision one of section two hundred ten of the civil service law, the court shall apply the provisions set forth in subdivision three of section two hundred ten of such law.

§ 4. This act shall take effect immediately and shall not apply to a certified or recognized public employee organization which represents any public employees described in subdivision sixteen of section twelve hundred four of the public authorities law and shall expire on March thirty-first, nineteen hundred eighty-six and nothing contained within this act shall be construed to divest the public employment relations board or any court of competent jurisdiction of the full power and authority to enforce any order made by the board or such court prior the effective date of this act.

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CHAPTER 16

AN ACT to amend the tax law, in relation to the rate of tax imposed upon cigarettes pursuant to article twenty of such law

Became a law March 31, 1985, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

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

Section 1. Subdivision one of section four hundred seventy-one of the tax law, as amended by chapter fifteen of the laws of nineteen hundred eighty-three, is amended to read as follows:

I. There is hereby imposed and shall be paid a tax on all cigarettes possessed in the state by any person for sale on and after April first, nineteen hundred eighty-three, except that no tax shall be imposed on cigarettes sold under such circumstances that this state is without power to impose such tax or sold to the United States or sold to or by a voluntary unincorporated organization of the armed forces of the United States operating a place for the sale of goods pursuant to regulations promulgated by the appropriate executive agency of the United States. Such tax on cigarettes shall be at the rate of ten and one-half cents on or after April first, nineteen hundred eighty-three but before April

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

[first] eighth, nineteen hundred eighty-five, and seven and one-half cents on or after April [first] eighth, nineteen hundred eighty-five, for each ten cigarettes or fraction thereof and is intended to be imposed upon only one sale of the same package of cigarettes. It shall be presumed that all cigarettes within the state are subject to tax until the contrary is established, and the burden of proof that any cigarettes are not taxable hereunder shall be upon the person in possession thereof.

§ 2. Section four hundred seventy-one-a of such law, as amended by chapter fifteen of the laws of nineteen hundred eighty-three, is amended to read as follows:

§ 471-a. Use tax. There is hereby imposed and shall be paid a tax on all cigarettes used in the state by any person on and after April first, nineteen hundred eighty-three, except that no tax shall be imposed (1) if the tax provided in section four hundred seventy-one is paid, (2) on the use of cigarettes which are exempt from the tax imposed by said section, or (3) on the use of four hundred or less cigarettes, brought into the state on, or in the possession of, any person. Such tax on cigarettes shall be at the rate of ten and one-half cents on or after April first, nineteen hundred eighty-three but before April [first] eighth, nineteen hundred eighty-five, and seven and one-half cents on or after April [first] eighth, nineteen hundred eighty-five, for each ten cigarettes or fraction thereof. Within twenty-four hours after liability for the tax accrues, each such person shall file with the tax commission a return in such form as it may prescribe together with a remittance of the tax shown to be due thereon. For purposes of this article, the word "use" means the exercise of any right or power actual or constructive and shall include but is not limited to the receipt, storage or any keeping or retention for any length of time, but shall not include possession for sale. All other provisions of this article if not inconsistent shall apply to the administration and enforcement of the tax imposed by this section in the same manner as if the language of said provisions had been incorporated in full into this section.

§ 3. This act shall take effect immediately provided, however, that in the event this act takes effect on or after April first, nineteen hundred eighty-five the provisions of this act shall be deemed to have been in full force and effect on and after April first, nineteen hundred eighty-five.

CHAPTER 17

AN ACT to provide for payments to municipalities and to providers of medical services under the medical assistance program, and making appropriation therefor

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Became a law April 1, 1985, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present, also, pursuant to Article VII, section 5 of the Constitution, by a two-thirds

vote.

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

Section 1. The amount named in this section, or so much hereof as shall be sufficient to accomplish the purpose designated by the appropriation, is hereby appropriated and authorized to be paid as hereinafter provided to the respective public officer and for the purpose specified which amount shall be available for the state fiscal year beginning on the first day of April, nineteen hundred eighty-five, namely:

DEPARTMENT OF SOCIAL SERVICES

For aid to municipalities and payments to the federal government for expenditures made pursuant to the social services law and the state plan for the individual and family grant program under the federal disaster relief

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act of 1974. The moneys hereby appropriated are to be available for payment of aid heretofore accrued or hereafter to accrue to municipalities, and to providers of medical services pursuant to section 367-b of the social services law, and for payment of state aid to municipalities and to providers of family care where payment systems through fiscal intermediaries are not operational, for expenditures made in accordance with the following schedule. Notwithstanding any inconsistent provision of law, the state commissioner may certify to the state comptroller estimates of the amounts due from local social services districts each month as their share of payments made pursuant to section 367-b of the social services law; such estimated amounts may be deducted from advances authorized by section 153 of the social services law or from advances of federal funds otherwise due to the local district for programs provided under the federal social security act and set aside by the state comptroller in order to ensure the orderly and prompt payment of providers under such section 367-b; provided however, any amount deducted from such advance shall be deposited in an interest-bearing account with such interest accruing to the credit of the locality. The amount of any item or items in the following schedule, notwithstanding any other provision of law, may be increased or decreased by interchange with any other item or items in the schedule with the approval of the director of the budget, who shall file such approval with the department of audit and control and copies thereof with the senate finance committee and the assembly ways and means committee. Notwithstanding any other provisions of law, no expenditures shall be made for any of the purposes outlined the following schedule until a certificate of allocation has been approved by the director of the budget and copies thereof filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. General Fund

in

All funds

....

MEDICAL ASSISTANCE PROGRAM

General Fund

Local Assistance Account

Medical assistance program, exclusive of expenses incurred
by local districts on or after April first, nineteen
hundred eighty-one for administration of the medical as-
sistance program and for medical care rates for
authorized child care agencies. Rates of payment for
general hospital out-patient and emergency services and
for treatment or diagnostic center services shall be
computed in accordance with chapter 126 of the laws of
1981 except that for the purposes of computing such
rates, in items d and e of subparagraph (1) of paragraph
(d) of subdivision 2 of section 2807 of the public
health law, as subsequently renumbered, effective Janu-
ary first, nineteen hundred eighty-three, by chapter 536
of the laws of 1982 to be paragraph (b) of subdivision 2
of section 2807 of the public health law, the trend fac-
tor for general hospital out-patient and emergency
vices shall be determined in accordance with subpara-
graph (1) of paragraph (j) of subdivision 2 of section
2807 of the public health law as subsequently renum-
bered, effective January first, nineteen hundred eighty-

ser

SCHEDULE

....

$38,000,000 $38,000,000

$38,000,000

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

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