CHAPTER 590* AN ACT to amend the correction law, in relation to payment of expenses by the state for prosecution of crimes committed in a correctional institution and repealing sections six hundred six, six hundred seven and six hundred eight relating thereto Became a law June 11, 1973, with the approval of the Governor. Passed by a majority vote, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Sections six hundred six, six hundred seven and six hundred eight of the correction law are hereby repealed and such law is amended by adding thereto a new section, to be section six hundred six, to read as follows: § 606. Payment of expenses for prosecution of inmates. 1. Whenever an inmate of an institution of the department is alleged to have committed an offense while an inmate of such institution, the state must pay the necessary and proper incremental expenses, as approved by the director of the budget, for the prosecution of such offense, including but not limited to, expenses for: a grand jury impaneled solely to hear and examine evidence of such offense, petit jurors, witnesses, the assignment of counsel to any inmate financially unable to obtain counsel in accordance with the provisions of the county law, the appointment of special counsel by the district attorney for such prosecution, and the appointment of additional court attendants, officers, or other judicial personnel. 2. It shall be the duty of the board of supervisors of any county wherein such prosecution occurs to cause a sworn statement of all such necessary and proper incremental expenses to be forwarded to the department. Upon approval of such expenses by the director of the budget, the department shall forward the proper vouchers to the state comptroller. It shall be the duty of the comptroller to examine such statement and to correct same by striking therefrom any and all items which are not intended to be paid pursuant to the provisions of this section and after correcting such statement, the comptroller shall draw his warrant for the amount of any such expenses in favor of the appropriate county treasurer, which sum shall be paid to said county treasurer out of any moneys appropriated therefor. § 2. This act shall take effect immediately. * NOTE.-Correction Law §§ 606, 607 and 608 repealed by this act are substantially reenacted with greater clarity by this act. CHAPTER 591 AN ACT to amend chapter ten hundred eleven of the laws of nineteen hundred seventy-one, entitled "An act to create the New York city convention and exhibition center corporation and prescribe its powers and duties", in relation to the board of directors of such corporation Became a law June 11, 1973, with the approval of the Governor. Passed by a majority vote, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision one of section three of chapter ten hundred eleven of the laws of nineteen hundred seventy-one, entitled "An act to create the New York city convention and exhibition center corporation and prescribe its powers and duties", is hereby amended to read as follows: 1. To effectuate the purposes and provisions of this chapter, there is hereby created the "New York City Convention and Exhibition Center Corporation," which shall be a body corporate and politic constituting a public benefit corporation. Its membership shall consist of eleven members, who shall constitute the board of directors. The chairman of the commission, the economic development administrator of the city and the [comptroller] director of the budget of the city shall be ex-officio members. Of the remaining members, three shall be appointed by the governor, and five shall be appointed by the mayor. One of the members appointed by the mayor shall be designated by him as chairman of the board of directors. With the approval of the mayor, the chairman of the board of directors shall appoint a president and chief executive officer of the corporation, with powers and duties as set forth in the by-laws of the corporation. Notwithstanding anything to the contrary contained in any general, special or local law concerning the holding of dual offices, an officer or employee of the city of New York may be appointed as president and chief executive officer, and officers and employees of the state or city of New York may be appointed as members. § 2. This act shall take effect immediately. CHAPTER 592 AN ACT to amend the criminal procedure law, in relation to removal of a case to a superior court at defendant's instance Became a law June 11, 1973, with the approval of the Governor. Passed by a majority vote, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision three of section 170.25 of the criminal procedure law is hereby amended to read as follows: 3. At any time before entry of a plea of guilty to or commencement of a trial of or within thirty days of arraignment on an accusatory instrument specified in subdivision one, whichever occurs first, the defendant may apply to the local criminal court for an adjournment of the proceedings therein upon the ground that he intends to make a motion in a superior court, pursuant to subdivision one, for an order that the misdemeanor charge be prosecuted by indictment. In such case, the local criminal court must adjourn the proceedings to a date which affords the defendant reasonable opportunity to pursue such action, and may subsequently grant such further adjournments for that purpose as are reasonable under the circumstances. Following the granting of such adjournment or adjournments, the proceedings must be as follows: (a) If a motion in a superior court is not made by the defendant within the designated period, the proceedings in the local criminal court must continue. (b) If a motion in a superior court is made by the defendant within the designated period, such motion stays the proceedings in the local criminal court until the entry of an order determining such motion. (c) If the superior court enters an order granting the motion, such order stays the proceedings in the local criminal court as provided in subdivision two; and upon a subsequent indictment or dismissal of such charge by the grand jury, the proceedings in the local criminal court terminate as provided in subdivision two. (d) If the superior court enters an order denying the motion, the proceedings in the local criminal court must continue. § 2. This act shall take effect on the first day of September next succeeding the date on which it shall have become a law. CHAPTER 593 AN ACT to amend the penal law, in relation to licensing collectors of antique firearms Became a law June 11, 1973, with the approval of the Governor. Passed by a majority vote, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision two of section 400.00 of the penal law, is hereby amended to read as follows: 2. Types of licenses. A license for gunsmith or dealer in firearms shall be issued to engage in such business. A license for a pistol or revolver shall be issued to (a) have and possess in his dwelling by a householder; (b) have and possess in his place of business by a merchant or storekeeper; (c) have and carry concealed while so employed by a messenger employed by a banking institution or express company; (d) have and carry concealed while so employed by a regular employee of an institution of the state, or of any county, city, town or village, under control of a commissioner of correction of the city or any warden, superintendent or head keeper of any state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, provided that application is made therefor by such commissioner, warden, superintendent or head keeper; [and] (e) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof; and (f) have, possess, collect and carry antique pistols which are defined as follows: (i) any single shot, muzzle loading pistol with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before 1898, which is not designed for using rimfire or conventional centerfire fixed ammunition; and (ii) any replica of any pistol described in clause (i) hereof if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. § 2. This act shall take effect on the sixtieth day after it shall have become a law. CHAPTER 594 AN ACT to amend the executive law, in relation to construction and installation standards for mobile homes Became a law June 11, 1973, with the approval of the Governor. Passed by a majority vote, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivisions three and six of section four hundred-cc of the executive law, such section having been added by chapter six hundred fifty-seven of the laws of nineteen hundred seventy-two, are hereby amended to read, respectively, as follows: (3) "Council" means the state building codes council [of the New York state division of housing and community renewal]. (6) "Mobile home" means a moveable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed without a permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. "Mobile home" shall [include] mean units designed to be used exclusively for residential, commercial, educational or industrial] purposes, excluding travel trailers. § 2. Subdivisions three and four of section four hundred-dd of such law, such section having been added by chapter six hundred fifty-seven of the laws of nineteen hundred seventy-two, are hereby amended to read, respectively, as follows: (3) The division is authorized and directed to enforce the code with respect to the construction, safety and engineering standards governing the manufacture [and installation] of mobil* homes and adopt and promulgate rules and regulations proper for the [enforcement thereof manufacture and installation of mobil homes. (4) Compliance with the provisions of the code pertaining to the requirements and inspection of installation of mobile homes and display of a seal shall be enforced (a) by the person or department charged with the duty of enforcing any state or local building code adopted by a municipality in which a mobile home is being installed [unless the chief executive officer or, if there be none, the chief administrative body or board of the municipality shall appoint one or more members of the fire department for the enforcement of the code. Such person, persons or department may request the assistance of the county fire coordinator, or the officer performing the powers and duties of a county fire coordinator pursuant to a local law, of the county in which the mobile home is located, or of any deputy county fire coordinator or deputy of such officer so performing the powers and duties of a county fire coordinator designated to supervise such mobile home inspections by the county fire coordinator and] or (b) if there be no such person or department, by the county fire coordinator or his designee [such other officer so performing the powers and duties of a county fire coordinator, if the building is located outside a city, town, village or fire district which has its own fire department and outside the area receiving fire protection by contract with any fire corporation which is subject to the provisions of section fourteen hundred two of the not-forprofit corporation law]. *So in original. [Word misspelled.] |