[Chap. clusion from consideration as income for the purpose of determining eligibility and benefit levels for the food stamp program to the maximum extent such exclusion is authorized under federal law. § 2. Paragraph (b) of subdivision two of section one hundred thirtyone-a of the social services law, as amended by chapter one thousand fifty-three of the laws of nineteen hundred eighty-one, is amended to read as follows: (b) In addition to the above, the standard of need shall include amounts for shelter and fuel for heating, amounts for home energy payments (including amounts for supplemental home energy grants), amounts for additional cost of meals for persons who are unable to prepare meals at home and amounts for other items when required by individual case circumstances for which specific provision is otherwise made in article five of this chapter. § 3. Section one hundred thirty-one-a of such law is amended by adding a new subdivision three-d to read as follows: 3-d. Commencing January first, nineteen hundred eighty-six, for persons and families determined to be eligible by the application of the standard of need prescribed by the provisions of subdivision two of this section, the amounts set forth in paragraph (a) of subdivision three of this section, after application of subdivision three-c of this section, shall be increased by the following amounts as a monthly supplemental home energy grant: Number of Persons in Household For each additional needy person in the household, there shall be added an additional amount of five dollars monthly. § 4. This act shall take effect January first, nineteen hundred eighty-six. CHAPTER 61 AN ACT to amend the penal law, in relation to the manufacture, transport or disposal of weapons known as Kung Fu stars The Became a law April 17, 1985, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 265.00 of the penal law is amended by adding a new subdivision fifteen-b to read as follows: 15-b. "Kung Fu star" means a disc-like object with sharpened points on the circumference thereof and is designed for use primarily as a weapon to be thrown. § 2. Subdivision two of section 265.01 of such law, as amended by chapter eight hundred forty of the laws of nineteen hundred eighty-two, is amended to read as follows: (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, shirken or "Kung Fu star"[, which is a disc-like object with sharpened points on the circumference thereof and is designed for use primarily as a weapon to be thrown] or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or § 3. Subdivisions one and two of section 265.10 of such law, as amended by chapter one hundred seventy-nine of the laws of nineteen hundred seventy-four, are amended to read as follows: 1. Any person who manufactures or causes to be manufactured any machine-gun is guilty of a class D felony. Any person who manufactures or causes to be manufactured any switchblade knife, gravity knife, billy, blackjack, bludgeon, metal knuckles, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is guilty of a class A misdemeanor. 2. Any person who transports or ships any machine-gun or firearm silencer is guilty of a class D felony. Any person who transports or ships as merchandise any firearm, switchblade knife, gravity knife, billy, blackjack, bludgeon, metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a class A misdemeanor. § 4. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 62 AN ACT to amend the insurance law, in relation to the information contained in annual statements Became a law April 17, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph three of subsection (b) of section four thousand two hundred thirty-three of the insurance law is amended to read follows: as (3) The salary, compensation and emoluments received by the three senior officers and the directors of such company and the salary compensation or emoluments received by any officer or other person, firm or corporation, which amounts to more than [forty] sixty thousand dollars in such year, (excepting only bona fide commissions paid to or obtained by any agent of such company), all expenditures during such year of five hundred dollars or more for services and disbursements of attorneys or counsellors at law, other than the salaries of officers or employees and in each such case the dates, amounts, full names and addresses of the payees and the authority by which the payment was made. § 2. This act shall take effect immediately. CHAPTER 63 AN ACT to amend chapter six hundred eleven of the laws of nineteen hundred seventy-nine amending the social services law, relating to the administration and funding of child welfare services, in relation to evaluation of the child welfare reform act The Became a law April 17, 1985, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section eleven of chapter six hundred eleven of the laws of nineteen hundred seventy-nine amending the social services law, relating to the administration and funding of child welfare services, as amended by chapter five hundred ninety-six of the laws of nineteen hundred eighty-three, is amended to read as follows: § 11. The director of the budget shall enter into an agreement with a person, corporation or other organization, other than a state employee official or agency, for the performance of a comprehensive evaluation of the implementation and effectiveness of "the child welfare reform act of 1979". Such evaluation shall assess: the overall effect of such act and amendments thereto in improving the management of the state's foster care system and in reducing inappropriate and unnecessary foster care; EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law the efficacy and cost effectiveness of the use of various preventive services; the appropriateness and effectiveness of the various progam and management standards established pursuant to section four hundred nine-a of the social services law; the efficacy and cost effectiveness of the increased reimbursement for preventive services made available pursuant to section four hundred nine-b of the social services law and for adoption services made available pursuant to section three hundred seventy-two-b of such law; the adequacy, accuracy and utility of the district-wide child welfare services plans required pursuant to section four hundred nine-d of such law and the department of social services' review of such plans; the appropriateness, clarity and usefulness of the standards for assessment for individual children established by the department pursuant to section four hundred nine-e of such law and the usefulness of standard assessment tools in insuring the provision of appropriate services to children and their families; the effect of such act on the manpower requirements of local social services districts and authorized agencies; the adequacy of department directives and the department's effectiveness in monitoring and assisting the implementation of such act; the effectiveness of the department's provision of technical assistance and training programs; the use and effectiveness of the various sanctions required pursuant to section one hundred fiftythree-d and three hundred ninety-eight-b of such law, including failures to use such sanctions where required, and also including a review of the final disposition of cases for which reimbursement has been withheld or denied; the effectiveness of the state child care review service in aiding the management of child welfare services; the implementation by the department of section three hundred eighty-seven of the social services law; and the appropriateness of the apportionment of funds pursuant to section one hundred fifty-three-e of the social services law, including the effectiveness of the process by which the department evaluates applications for reimbursement beyond the amounts apportioned to various districts. Such person, corporation or organization shall be given access to all records established and maintained and which may be required by such person, corporation or organization to conduct the comprehensive evaluation mandated by this section; provided, however, that such person, corporation or organization given access to names or other information identifying the applicants for and recipients of preventive services shall not divulge or make public such information; provided, further that any such person, corporation or organization willfully violating or failing to comply with the provisions of this section by divulging or making public such information shall be guilty of a misdemeanor. The evaluation required pursuant to this section shall be included in an interim report to be submitted by the director of the budget to the governor and the legislature on or before September fifteenth, nineteen hundred eighty-two and in a final report to be submitted on or before [April] October first, nineteen hundred eighty-five. § 2. This act shall take effect immediately. CHAPTER 64 AN ACT to amend chapter seven hundred twenty of the laws of nineteen hundred seventy-nine, amending the mental hygiene law relating to payment for services provided at residential facilities for the mentally retarded, in relation to the effectiveness of such chapter; and the mental hygiene law, in relation to payment for certain services Became a law April 17, 1985, 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 six of chapter seven hundred twenty of the laws of nineteen hundred seventy-nine, amending the mental hygiene law relating to payment for services provided at residential facilities for the mentally retarded, as amended by chapter forty-seven of the laws of nineteen hundred eighty-three, is amended to read as follows: § 6. This act shall take effect immediately except that the provisions of section one of this act shall be deemed to be in effect as of April first, nineteen hundred seventy-nine and be and remain in full force and effect only to and including March thirty-first, nineteen hundred [eighty-five] eighty-seven at which time the provisions of the mental hygiene law amended by section one of this act shall be continued in full force and effect as they existed prior to the enactment of this act. Provided, however, that the commissioner of social services and the commissioner of mental retardation and developmental disabilities shall be authorized to take any action necessary and appropriate to provide for the proper effectuation of this act. § 2. Paragraph one of subdivision (c) of section 13. 15 of the mental hygiene law, as amended by chapter forty-seven of the laws of nineteen hundred eighty-three, is amended to read as follows: 1. The commissioner may, within available appropriations therefor contract with providers of services furnishing services to residents of facilities for the mentally retarded when such residents are over the age of twenty-one and are eligible to receive funding pursuant to section two hundred nine of the social services law, at an amount not to exceed a total of [thirteen] fifteen hundred dollars when such contractual reimbursement is added to the amount provided for in paragraph (e) of subdivision two of section two hundred nine of the social services law, in order to ensure the provision of quality of care and treatment to such residents. The commissioner shall not contract with any such facility that he determines to not be in substantial compliance with the terms of its operating certificate and all applicable rules and regulations that relate to the operation of such facilities. § 3. This act shall take effect April first, nineteen hundred eightyfive. CHAPTER 65 (See REPEAL NOTE at end of Chapter.) AN ACT to amend the civil practice law and rules, the criminal procedure law, the tax law and the administrative code of the city of New York, in relation to strengthening the provisions of such laws and code to combat tax evasion and delinquency; to repeal certain provisions of the tax law and the administrative code of the city of New York relating to criminal penalties for violations of such law and code; and to amend the general city law, the tax law, the administrative code of the city of New York and the codes and ordinances of the city of Yonkers, in relation to payment of estimated income tax by individuals and the innocent spouse provisions under the income taxes; and to repeal certain provisions of the general city law, the tax law, the administrative code of the city of New York and the codes and ordinances the city of Yonkers relating thereto of Became a law April 17, 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. Short title. This act shall be known and may be cited as the "omnibus tax equity and enforcement act of nineteen hundred eightyfive". § 2. The opening paragraph of section thirteen hundred twenty-eight of the civil practice law and rules is designated subdivision one and a new subdivision two is added to read as follows: 2. When a motion to discharge is made in the case of property levied upon pursuant to a claimed violation of the tax law, the amount of the undertaking required shall be an amount equal to the lesser of: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law (a) The amount specified in subdivision one of this section; or (b) The aggregate amount of all unpaid tax and civil penalties for such violation. § 3. Paragraph (1) of subdivision thirty-four of section 1.20 of the criminal procedure law, as added by chapter eight hundred seventy-seven of the laws of nineteen hundred seventy-four, is amended to read as follows: (1) An employee of the department of taxation and finance assigned to enforcement of the [tax on cigarettes imposed by article twenty of the tax law by the commissioner of taxation and finance] (i) taxes imposed under or pursuant to the authority of article twelve-A of the tax law and administered by the state tax commission, (ii) taxes imposed under article twenty of the tax law, or (iii) sales or compensating use taxes relating to automotive fuel imposed under article twenty-eight or pursuant to the authority of article twenty-nine of the tax law and administered by the state tax commission for the purpose of applying for and executing search warrants under article six hundred ninety of this chapter, and for the purpose of acting as a claiming agent under article thirteen-A of the civil practice law and rules in connection with the enforcement of [such tax on cigarettes] the taxes referred to in subparagraph (i), (iì), or (iii) of this paragraph. § 4. Subdivision four of section 2. 10 of such law, as added by chapter eight hundred forty-three of the laws of nineteen hundred eighty, is amended to read as follows: 4. Employees of the department of taxation and finance designated by the commissioner of taxation and finance as peace officers and assigned [to enforcement of the tax on cigarettes imposed by article twenty of the tax law] by the commissioner of taxation and finance (a) to the enforcement of any of the criminal or seizure and forfeiture provisions of the tax law relating to (i) taxes imposed under or pursuant to the authority of article twelve-A of the tax law and administered by the state tax commission, (ii) taxes imposed under article twenty of the tax law, or (iii) sales or compensating use taxes relating to automotive fuel imposed under article twenty-eight or pursuant to the authority of article twenty-nine of the tax law and administered by the state tax commission or (b) to the enforcement of any provision of the penal law relating to any of the taxes described in paragraph (a) of this subdivision or pos (c) to the enforcement of any provision of law which is subject to enforcement by criminal penalties and which relates to the performance by persons employed by the department of taxation and finance of the duties of their employment, provided, however, that nothing in this subdivision shall be deemed to authorize any such employee designated as a peace officer after November first, nineteen hundred eighty-five to carry, sess, repair or dispose of a firearm unless the appropriate license therefor has been issued pursuant to section 400.00 of the penal law, and further provided that, prior to such designation by the commissioner each such employee shall have successfully completed the training requirements specified in section 2.30 of this chapter. § 5. Subdivision three of section 30. 10 of such law is amended by adding a new paragraph (d) to read as follows: (d) A prosecution for any misdemeanor set forth in the tax law must be commenced within three years after the commission thereof. § 6. Sections five and one hundred seventy-a of the tax law are repeated § 7. The opening paragraph of subdivision (b) of section six hundred ninety-seven of such law is designated paragraph one and a new paragraph two is added to read as follows: (2) The tax commission may take any action under paragraph one of this subdivision to inquire into the commission of an offense connected with the administration or enforcement of this article, provided, however, that notwithstanding the provisions of section one hundred seventy-four of this chapter no such action shall be taken after a referral by the department or the tax commission to the attorney general, a district attorney or any other prosecutorial agency is in effect. § 8. Subdivision two of section two hundred two of such law, as amended by chapter two hundred forty-six of the laws of nineteen hundred sixty-four, is amended to read as follows: ex 2. (a) Any [offense against the foregoing provisions shall be punished by a fine not exceeding one thousand dollars or by imprisonment not ceeding one year, or both, at the discretion of the court and if the offender be an] officer or employee of the state [he] who willfully vi |