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Chap. 177.

AN ACT to amend the public health law, in relation to the reports of communicable diseases.

Became a law April 10, 1918, with the approval of the Governor. Passed, three-fifths being present.

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

49, § 25, as

L. 1913,

Section 1. Section twenty-five of chapter forty-nine of the laws L. 1909. ch. of nineteen hundred and nine, entitled "An act in relation to pub- amended by lic health, constituting chapter forty-five of the consolidated laws," ch. 559, as amended by chapter five hundred and fifty-nine of the laws of amended. nineteen hundred and thirteen, is hereby amended so as to read as follows:

§ 25. Infectious and contagious and contagious or communicable diseases. Every local board of health and every health officer shall guard against the introduction of such infectious and contagious or communicable diseases as are designated in the sanitary code, by the exercise of proper and vigilant medical inspection and control of all persons and things infected with or exposed to such diseases, and provide suitable places for the treatment and care of sick persons who cannot otherwise be provided for. They may, subject to the provisions of the sanitary code, prohibit and prevent all intercourse and communication with or use of infected premises, places and things, and require, and if necessary, provide the means for the thorough purification and cleansing of the same before general intercourse with the same or use thereof shall be allowed. Every physician shall immediately give notice of every case of infectious and contagious or communicable disease required by the state department of health to be reported to it, to the health officer of the city, town or village where such disease occurs, and no physician being in attendance on such case, it shall be the duty of the superintendent or other officer of an institution, householder, hotel or lodging house keeper, or other person where such case occurs, to give such notice. Whenever an examination for diagnosis by a laboratory or by any person other than the physician in charge of the person from whom the specimen is taken, of any specimen discloses the existence of a case of infectious and contagious or communicable disease, the person in charge of such laboratory or the 1 Following sentence new.

person making such examination shall immediately report the same, together with all the facts in connection therewith, to the health officer of the city, town or village where such laboratory is situated and also to the health officer of the city, town or village from which such specimen came and shall keep a permanent record of all the facts in connection with such examination, including the identity of the person from whom the specimen is taken and the name of the physician, if any, sending such specimen. The physician or other person giving such notice shall be entitled to the sum of twenty-five cents therefor, which shall be a charge upon and paid by the municipality where such case occurs. Every local health officer shall report to the state department of health, promptly, all cases of such infectious and contagious or communicable diseases, as may be required by the state department of health, and for such reporting the health officer of a village or town shall be paid by the municipality employing him, upon the certification of the state department of health, a sum not to exceed twenty cents for each case so reported. The reports of cases of tuberculosis made pursuant to the provisions of this section shall not be divulged or made public so as to disclose the identity of the persons to whom they relate, by any person; except in so far as may be authorized by the public health council. The board of health shall provide at stated intervals, a suitable supply of vaccine virus, of a quality and from a source approved by the state department of health, and during an actual epidemic of smallpox obtain fresh supplies of such virus at intervals not exceeding one week, and at all times provide thorough and safe vaccination for all persons in need of the same. If a pestilential, infectious or contagious disease exists in any county almshouse or its vicinity, and the physician thereof shall certify that such disease is likely to endanger the health of its inmates, the county superintendent of the poor may cause such inmates or any of them to be removed to such other suitable place in the county as the local board of health of the municipality where the almshouse is situated may designate, there to be maintained and provided for at the expense of the county, with all necessary medical care and attendance until they shall be safely returned to such almshouse or otherwise discharged. The health officer, commissioner of health, or boards of health of the cities of the first class shall report promptly to the state department of health all cases of smallpox, typhus and yellow fever and cholera and the facts relating thereto.

§ 2. This act shall take effect immediately.

Chap. 178

AN ACT in relation to city local option elections in the year nineteen hundred and eighteen.

Became a law April 10, 1918, with the approval of the Governor. Passed, three-fifths being present.

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

to be open.

Section 1. In any city in which a special city election is to be Time poils held under the city local option law, on the third Tuesday in April, in the year nineteen hundred and eighteen, such election shall begin on the sixteenth day of April, at the hour provided by law for the opening of the polls, in each election district, and continue until eight o'clock in the evening of the seventeenth day of April, nineteen hundred and eighteen, at which time the polls shall close and the votes be canvassed, but there shall be an intermission extending from eight o'clock in the afternoon of the sixteenth day of April to six o'clock in the forenoon of the seventeenth day of April, in such year. This act shall be controlling Act conwith respect to such elections, notwithstanding the provisions of the city local option law, the election law, any other statute, or other laws. the fact that any petition under which the election is to be held etc. designates the third Tuesday in April or the sixteenth day of April, nineteen hundred and eighteen, in words or effect, as the time at which the submission of the local option questions is requested, and notwithstanding that the notice published pursuant to section twelve of the city local option law designates such day as the day of election. During such intermission all Intermiselection procedure shall be suspended in each polling place and tion susno ballots delivered to or received from voters.

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sion: elec

pended.

taining

be sealed.

§ 2. At the hour fixed by this act for the beginning of such Boxes conintermission, each ballot box, including the boxes both for ballots ballots to and stubs, in each polling place, in any such city, shall be sealed by the inspectors, and each seal shall be signed by such inspectors and by the watchers designated as hereinafter provided. The unvoted ballots shall also be placed in boxes or in closed packages, which boxes or packages shall each be sealed and the seals signed in the same manner as the ballot boxes. Where voting Voting machines are used, each machine shall be securely locked and to be remain locked during such intermission. Each locking device on each machine shall also be sealed, and the seal shall be signed

machines

locked.

Additional watchers for intermission.

in the same manner as the seals upon the ballot boxes. Not more than two watchers, to attend at each polling place in each election district, may be designated by the committee authorized to designate the watchers provided for by section fourteen of the city local option law, and not more than two such watchers may be designated in the manner provided in such section from names to be filed, as therein provided, by the persons, bodies or organizations opposed to the adoption of the questions to be submitted at such election, except that such names may be filed not later than the day before the day on which the election begins. Not more than one such watcher, for any polling place, representing such committee, and not more than one such watcher as representing such persons, bodies or organizations, shall be designated, if such committee or such persons, bodies or organizations shall respectively so determine. The watchers provided for in this act are in addition to those provided for by section fourteen of the city local option law. It shall be the duty of each watcher so designated, who accepts the position, to remain at the polling place during such intermission. The commissioner of public police de- safety, police commissioner or other head of the police departduring in- ment, of any such city, shall designate at least one police officer termission. to remain in each polling place during such intermission. He

Duty of head of

partment

Affidavits

tors of

shall be chargeable with the custody and safe keeping, during such intermission, of such ballot boxes and other boxes and packages and of all books, voting machines, records, forms, registers, poll books and other election paraphernalia in the polling place, and the same shall remain within sight of the watchers provided for by this act.

§ 3. Before the delivery and reception of ballots is resumed, of inspec- at the close of such intermission, each inspector of election and each watcher appointed under this act shall make affidavit that ers at close the seals on such ballot boxes and packages or boxes of unvoted

election

and watch

of inter

mission.

ballots, or voting machines, have remained unbroken, and that the contents of such boxes and the registers and poll books have remained intact during such intermission. Where voting machines are used, the watchers who attended during such intermission shall also make affidavit, in like manner, that the machine or machines in the polling place were not unlocked, operated or tampered with during the intermission. Any such affidavit may be taken before a poll clerk or ballot clerk, and he Breaking of may administer the oath therefor. Such seals shall then be etc. broken and boxes and packages opened, or machines unlocked as the case may be, in the presence of such watchers.

seals,

§ 4. Any watcher, police officer or other person who, during offenses. such intermission, shall break or mutilate the seal upon any such ballot boxes or other boxes or packages or voting machines or in any manner destroy or remove the contents of any such boxes or packages, or unlock, operate or tamper with any such voting machine, or suppress, alter, destroy or mutilate any signed challenge affidavit, or alter, mutilate, destroy or remove from the polling place any register or poll book, shall be guilty of a felony. A watcher or inspector who wilfully makes an affidavit under section three which is materially false is guilty of perjury. A watcher or inspector who refuses, without sufficient cause, to make the affidavit required by such section is guilty of a misdemeanor.

extended

§ 5. The city clerk shall give such public notice as may be Notice of practicable of the extended hours during which the polling places hours. for such election are to remain open under this act for voting thereat, but the failure to give such notice shall not invalidate the election.

affidavits;

etc.

6. The city clerk, or the board of elections of the county at Additional the request of the city clerk, shall provide necessary forms for forms, the additional affidavit of inspectors and watchers required by this act. Each affidavit taken pursuant to section three shall be filed with the returns of the canvass with the same officer. The refusal of a watcher or inspector to make the affidavit required by section three shall not prevent the resumption of voting, after Additional the intermission. The common council shall fix and provide the tion of compensation to be paid to election officers for their increased officers. duties under this act.

compensa

election

city local

elections

1918; ap

of this act

7. If a second special city election in any such city be Special ordered during the year nineteen hundred and eighteen pursuant option to section sixteen of the city local option law the court, justice or during judge may include in the order a direction that the polls of such plication election open at six o'clock in the morning and that the election continue until eight o'clock in the afternoon of the day following, with an intermission from eight o'clock in the afternoon of the first day until six o'clock in the forenoon of the day following. In such case the provisions of this act shall apply to such intermission, and the designation of watchers therefor and the orders and duties of watchers, election inspectors and other officers with respect to such election.

88. This act shall take effect immediately.

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