LBD00959-01-9
S. 266 2
(2) AN INSURER SHALL PROVIDE SPECIFIC CLAIMS EXPERIENCE TO A MUNICIPAL
CORPORATION, AS DEFINED IN SUBSECTION (F) OF SECTION FOUR THOUSAND SEVEN
HUNDRED TWO OF THIS CHAPTER, COVERED BY THE INSURER UNDER A COMMUNITY
RATED POLICY WHEN THE MUNICIPAL CORPORATION REQUESTS ITS CLAIMS EXPERI-
ENCE FOR PURPOSES OF FORMING OR JOINING A MUNICIPAL COOPERATIVE HEALTH
BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER.
NOTWITHSTANDING THE FORGOING PROVISIONS, NO INSURER SHALL BE REQUIRED TO
PROVIDE MORE THAN THREE YEARS' CLAIMS EXPERIENCE TO A MUNICIPAL CORPO-
RATION MAKING THIS REQUEST.
S 2. Subsection (d) of section 4317 of the insurance law, as added by
chapter 501 of the laws of 1992, is amended to read as follows:
(d) (1) This section shall also apply to contracts issued to a group
defined in subsection (c) of section four thousand two hundred thirty-
five, including but not limited to an association or trust of employers,
if the group includes one or more member employers or other member
groups which have fifty or fewer employees or members exclusive of
spouses and dependents.
(2) A CORPORATION SHALL PROVIDE SPECIFIC CLAIMS EXPERIENCE TO A MUNIC-
IPAL CORPORATION, AS DEFINED IN SUBSECTION (F) OF SECTION FOUR THOUSAND
SEVEN HUNDRED TWO OF THIS CHAPTER, COVERED BY THE CORPORATION UNDER A
COMMUNITY RATED CONTRACT WHEN THE MUNICIPAL CORPORATION REQUESTS ITS
CLAIMS EXPERIENCE FOR PURPOSES OF FORMING OR JOINING A MUNICIPAL COOPER-
ATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF
THIS CHAPTER. NOTWITHSTANDING THE FOREGOING PROVISIONS, NO CORPORATION
SHALL BE REQUIRED TO PROVIDE MORE THAN THREE YEARS' CLAIMS EXPERIENCE TO
A MUNICIPAL CORPORATION MAKING THIS REQUEST.
S 3. Paragraph 2 of subsection (a) of section 4704 of the insurance
law, as added by chapter 689 of the laws of 1994, is amended to read as
follows:
(2) except for any plan that provided medical, surgical and hospital
services on or before January first, nineteen hundred ninety-three
pursuant to a municipal cooperation agreement, the number of municipal
corporations participating in the municipal cooperative health benefit
plan shall be at least [five] THREE;
S 4. Paragraph 1 of subsection (a) of section 4706 of the insurance
law, as added by chapter 689 of the laws of 1994, is amended to read as
follows:
(1) a reserve for payment of claims and expenses thereon reported but
not yet paid, and claims and expenses thereon incurred but not yet
reported which [shall not be less than an amount equal to twenty-five
percent of expected incurred claims and expenses thereon for the current
plan year, unless a qualified actuary has demonstrated to the super-
intendent's satisfaction that a lesser amount will be adequate] SHALL
PROVIDE FOR THE PAYMENT OF ALL LOSSES OR CLAIMS AND EXPENSES INCURRED ON
OR PRIOR TO THE DATE OF STATEMENT AS DETERMINED BY A QUALIFIED ACTUARY,
MEETING THE REQUIREMENTS PRESCRIBED BY THE SUPERINTENDENT;
S 5. The opening paragraph of section 4714 of the insurance law, as
added by chapter 689 of the laws of 1994, is amended to read as follows:
For municipal cooperative health benefit plans [that provided medical,
surgical or hospital services on or before January first, nineteen
hundred ninety-three pursuant to a municipal cooperation agreement
authorized under article five-G of the general municipal law] CERTIFIED
ON OR AFTER JULY FIRST, TWO THOUSAND NINE, the reserve and surplus
requirements in section four thousand seven hundred six of this article
may be phased in over a period of up to five plan years, provided that:
S. 266 3
S 6. Paragraph 1 of subsection (a) of section 4714 of the insurance
law, as added by chapter 689 of the laws of 1994, is amended to read as
follows:
(1) at the end of the first plan year [on or] after [the effective
date of this article] CERTIFICATION shall not be less than [twelve]
FIFTY percent of [expected incurred claims and expenses thereon for such
plan year] THE AMOUNT ESTABLISHED PURSUANT TO SUCH PARAGRAPH; and
S 7. The superintendent of insurance shall order a study of the impact
to the community rated health insurance market of allowing a public
entity, as defined in paragraph 51 of subsection (a) of section 107 of
the insurance law, with fifty or fewer employees to join with public
entities with more than fifty employees to purchase health insurance
coverage under experience rated policies. The study shall be performed
by a member of the American academy of actuaries. The study shall be
completed and a report submitted by September 1, 2010 to the governor,
the superintendent of insurance, the temporary president of the senate
and the speaker of the assembly.
S 8. Section 180 of the agriculture and markets law, as added by chap-
ter 874 of the laws of 1977, is amended to read as follows:
S 180. Municipal directors of weights and measures. 1. There shall be
a county director of weights and measures in each county, except where
A. a county is wholly embraced within a city there shall be a city
director of weights and measures, OR B. WHERE TWO OR MORE COUNTIES HAVE
ENTERED INTO AN INTERMUNICIPAL AGREEMENT, PURSUANT TO ARTICLE FIVE-G OF
THE GENERAL MUNICIPAL LAW, TO SHARE THE FUNCTIONS, POWERS, AND DUTIES OF
ONE DIRECTOR OF WEIGHTS AND MEASURES. Any county or city having a popu-
lation of one million or more may elect to designate its commissioner of
consumer affairs as its director of weights and measures. Subdivision
four of this section shall not apply to a commissioner of consumer
affairs so designated.
2. No city may institute a weights and measures program. Provided,
that any city which maintained a weights and measures program on January
first, nineteen hundred seventy-six may continue such program under a
city director of weights and measures.
a. Any such city may contract with the legislature of the county in
which it is located for the county director of weights and measures to
perform the duties of and have the same powers within such city as the
city director. Such contract shall fix the amount to be paid annually by
the city to the county for such services. During the period such
contract is in force and effect, the office of city director of weights
and measures shall be abolished.
b. The county director shall not have jurisdiction in any city which
has a city director of weights and measures, except in the county of
Westchester the county director shall have concurrent jurisdiction with
city directors of weights and measures in such county.
3. Nothing contained herein shall prohibit the governing body of any
county or city from assigning to its municipal director powers and
duties in addition to the powers and duties prescribed by this article
provided such additional powers and duties deal primarily with services
designed to aid and protect the consumer and are not inconsistent with
the provisions of this article.
4. The municipal director shall be appointed by the appropriate
authority of the municipality in which he resides having the general
power of appointment of officers and employees. WHERE TWO OR MORE COUN-
TIES HAVE ENTERED INTO AN INTERMUNICIPAL AGREEMENT, PURSUANT TO ARTICLE
FIVE-G OF THE GENERAL MUNICIPAL LAW, TO SHARE THE FUNCTIONS, POWERS, AND
S. 266 4
DUTIES OF ONE DIRECTOR OF WEIGHTS AND MEASURES, SAID MUNICIPAL DIRECTOR
MAY RESIDE IN ANY COUNTY THAT IS A PARTY TO THE INTERMUNICIPAL AGREE-
MENT. He shall be paid a salary determined by the appropriate authority
and shall be provided by such authority with the working standards of
weights, measures and other equipment as required by rules and regu-
lations promulgated in accordance with this article. The position of
municipal director shall be in the competitive class of the civil
service with respect to all persons appointed on or after the effective
date of this act.
S 9. Section 775 of the county law is amended to read as follows:
S 775. [County sealer] DIRECTOR OF WEIGHTS AND MEASURES; duties. The
[county sealer] DIRECTOR OF WEIGHTS AND MEASURES shall perform the
duties prescribed by law for the enforcement of honest weights and meas-
ures. He shall perform such additional and related duties as may be
prescribed by law and directed by the board of supervisors.
S 10. Section 99-r of the general municipal law, as amended by chapter
165 of the laws of 2008, is amended to read as follows:
S 99-r. Contracts for services. Notwithstanding any other provisions
of law to the contrary, the governing board of any municipal corporation
may enter into agreements and/or contracts with any state agency includ-
ing any department, board, bureau, commission, division, office, coun-
cil, committee, or officer of the state, whether permanent or temporary,
[or a] ANY public benefit corporation or public authority, [or a] ANY
soil and water conservation district, [and] THE GOVERNING BOARD OF ANY
OTHER MUNICIPAL CORPORATION AND/OR any unit of the state university of
New York, pursuant to and consistent with sections three hundred fifty-
five and sixty-three hundred one of the education law within or without
such municipal corporation to provide OR RECEIVE fuel, equipment, main-
tenance and repair, supplies, water supply, street sweeping or mainte-
nance, sidewalk maintenance, RIGHT-OF-WAY MAINTENANCE, STORM WATER AND
OTHER drainage, sewage disposal, LANDSCAPING, MOWING, HIGHWAY INFRAS-
TRUCTURE INSPECTION, REPAIR OR MAINTENANCE, INCLUDING RELATED TRAFFIC
CONTROL AND ENFORCEMENT, TRAINING AND EDUCATION, ENGINEERING, or any
other services of government. Such MUNICIPAL CORPORATION, state agency,
soil and water conservation district, or unit of the state university of
New York, within the limits of any [specific] statutory appropriation
authorized and made available therefor by the legislature or by the
governing body responsible for the operation of such state agency, soil
and water conservation district, or unit of the state university of New
York may contract with any municipal corporation for such services as
[herein] provided IN THIS SECTION AND MAY PROVIDE, IN AGREEMENTS AND/OR
CONTRACTS ENTERED INTO PURSUANT TO THIS SECTION, FOR THE RECIPROCAL
PROVISION OF SERVICES OR OTHER CONSIDERATION OF APPROXIMATELY EQUIVALENT
VALUE, INCLUDING, BUT NOT LIMITED TO, ROUTINE AND/OR EMERGENCY SERVICES,
MONIES, EQUIPMENT, BUILDINGS AND FACILITIES, MATERIALS OR A COMMITMENT
TO PROVIDE FUTURE ROUTINE AND/OR EMERGENCY SERVICES, MONIES, EQUIPMENT,
BUILDINGS AND FACILITIES OR MATERIALS. Any such contract may be entered
into by direct negotiations and shall not be subject to the provisions
of section one hundred three of this chapter.
S 11. Section 10 of the highway law is amended by adding a new subdi-
vision 46 to read as follows:
46. HAVE THE AUTHORITY TO ENTER INTO AGREEMENTS AND/OR CONTRACTS TO
PROVIDE OR RECEIVE SERVICES PURSUANT TO SECTION NINETY-NINE-R OF THE
GENERAL MUNICIPAL LAW UPON SUCH TERMS AND CONDITIONS AS DEEMED APPROPRI-
ATE BY THE COMMISSIONER OR COMMISSIONER'S DESIGNEE.
S. 266 5
S 12. Section 12 of the highway law, as amended by chapter 1110 of the
laws of 1971, subdivision 2 as amended by chapter 249 of the laws of
1972, subdivision 2-a as added by chapter 568 of the laws of 1986 and
subdivision 7 as added by chapter 691 of the laws of 1971, is amended to
read as follows:
S 12. Commissioner of transportation to provide for maintenance,
repair, and [for] control of snow and ice; roads and driveways on state
lands. 1. The maintenance and repair of improved state highways in towns
and incorporated villages, exclusive, however, of the cost of maintain-
ing and repairing bridges having a span in excess of twenty feet shall
be under the direct supervision and control of the commissioner of
transportation and he shall be responsible therefor. The cost of such
maintenance and repair shall be borne wholly by the state and be paid
from moneys appropriated therefor by the legislature. Such maintenance
and repair may be done in the discretion of the commissioner either
directly by the department of transportation or by contract awarded to
the lowest responsible bidder at a public letting after due advertise-
ment, and under such rules and regulations as the commissioner of trans-
portation may prescribe. The commissioner of transportation shall also
have the power to adopt such system as may seem expedient so that each
section of such highways shall be effectively and economically
preserved, maintained and repaired.
2. The maintenance of state highways shall include the control of
snow and ice AND OTHER HIGHWAY MAINTENANCE ACTIVITIES on such highways
or any parts thereof, as the commissioner of transportation may deem to
be necessary to provide reasonable passage and movement of vehicles over
such highways. The commissioner of transportation is authorized also to
erect snow fences at suitable locations. The work of such control of
snow and ice AND OTHER HIGHWAY MAINTENANCE ACTIVITIES may be done by any
municipality which for the purposes of this section shall include only a
county, city, town or village. The governing board or body of any such
municipality and the commissioner of transportation are hereby author-
ized to enter into an agreement for the performance of the work of such
control of snow and ice AND OTHER HIGHWAY MAINTENANCE ACTIVITIES upon
such terms, rules and regulations as may be deemed by the commissioner
of transportation to be for the best interest of the public. Such agree-
ment may provide for periodic payments based upon a percentage of the
estimated total cost. Any agreement authorized by this subdivision shall
be for a term of [three] UP TO FIVE years and at the expiration of
[each] THE year PRECEDING THE LAST YEAR of the term specified in the
agreement, as such term may be extended as herein provided, the munici-
pality shall notify the commissioner either (a) that it requests, with
the approval of the commissioner, that the term of the agreement be
extended for [one year] A SPECIFIED TERM OF UP TO FIVE YEARS or (b) it
intends not to extend the agreement and such agreement shall expire at
the end of the term. If the municipality fails to notify the commission-
er as herein provided, it shall be deemed that the municipality intends
not to extend the agreement. SUCH AGREEMENT MAY BE TERMINATED DURING
THE SPECIFIED TERM PROVIDED THE MUNICIPALITY SHALL NOTIFY THE COMMIS-
SIONER EIGHTEEN MONTHS PRIOR TO SUCH TERMINATION OF AN AGREEMENT FOR THE
CONTROL OF SNOW AND ICE. If any such agreement expires, a new agreement
between the commissioner and a municipality may be entered into for a
term of [three] UP TO FIVE years, with extended term or terms upon
notification as above provided. Whenever the commissioner shall deem the
work of control of snow and ice AND OTHER HIGHWAY MAINTENANCE ACTIVITIES
by any municipality to be inadequate or unsatisfactory according to the
S. 266 6
terms of any such agreement, he OR SHE may, by official order to be
filed in [his office] THE DEPARTMENT, and by filing a certified copy
thereof in the office of the department of state, cancel said agreement,
and the payments thereunder provided by the state shall cease; whereupon
the commissioner may carry out the work of control of snow and ice AND
OTHER HIGHWAY MAINTENANCE ACTIVITIES. [The] AN official order provided
in this subdivision AND RELATING TO THE CONTROL OF SNOW AND ICE shall
become effective at the expiration of five days after the commissioner
shall mail a certified copy thereof to the clerk or other official who
performs related duties in such municipality. The governing board or
body of any such municipality is authorized to appropriate such sum as
it deems necessary to enable such municipality to perform the terms of
such agreement. The work of such control of snow and ice AND OTHER HIGH-
WAY MAINTENANCE ACTIVITIES may be done by any of the methods provided in
subdivision one of this section for the work of maintenance and repair,
or by a combination of such methods. Any county is hereby authorized to
enter into a contract with another municipality located within the same
county for the performance of the work of such control of snow and ice
AND OTHER HIGHWAY MAINTENANCE ACTIVITIES as a subcontractor under any
agreement with the commissioner of transportation as such agreement is
hereinbefore provided. Moneys received by a county under the terms of
any agreement authorized by this subdivision shall be credited to the
fund from which moneys were appropriated to enable the county to perform
the terms of such agreement. Moneys so received by a town shall be cred-
ited to the highway fund. Moneys so received by a city or village shall
be credited to the general fund.
2-a. (a) Except as provided hereafter the state shall indemnify and
hold harmless such municipalities for any and all liability for damages
for personal injury, injury to property or wrongful death for losses
arising from or occasioned by the manner of performance of the functions
under any agreement with a municipality for the control of snow and ice
AND OTHER HIGHWAY MAINTENANCE ACTIVITIES pursuant to this section.
(b) In no event shall the state be obligated to defend or indemnify
such municipality, in any action, proceeding, claim or demand arising
out of the actual operation of an insured vehicle or vehicle subject to
self-insurance while engaged in the operation of snow and ice control
functions AND OTHER HIGHWAY MAINTENANCE ACTIVITIES under such agreement.
(c) The municipality shall be entitled to representation by the attor-
ney general in any claim described in paragraph (a) of this subdivision,
provided, however, that the municipality shall be entitled to itself
defend any such action, proceeding, claim or demand whenever the attor-
ney general determines, based upon his investigation and review of the
facts and circumstances of the case that representation by the attorney
general would be inappropriate, or whenever a court of competent juris-
diction determines that a conflict of interest exists and that the muni-
cipality is entitled to be separately represented. Whenever the munici-
pality is entitled to defend the action itself, the state shall
reimburse the municipality for any and all costs and expenses, includ-
ing, but not limited to, counsel fees and disbursements.
(d) The state shall indemnify and save harmless such municipality in
the amount of any judgment obtained against such municipality in any
state or federal court on any claim described in paragraph (a) of this
subdivision, or in the amount of any settlement of such claim, or shall
pay such judgment or settlement; provided, however, that the act or
omission from which such judgment or settlement arose occurred while the
municipality was acting within the scope of its functions for control of
S. 266 7
snow and ice AND OTHER HIGHWAY MAINTENANCE ACTIVITIES; provided,
further, that no stipulation of settlement of any such action, proceed-
ing, claim or demand shall be made or executed without approval of the
attorney general and of the commissioner of transportation or his desig-
nee. Payment of any claim made pursuant to settlement shall not exceed
the sum of fifty thousand dollars. Nothing herein shall authorize the
state to indemnify or save harmless with respect to punitive or exem-
plary damages.
(e) The duty to defend or indemnify and save harmless prescribed by
this subdivision shall be conditioned upon (i) delivery to the attorney
general or an assistant attorney general at the office of the department
of law located in Albany or New York city and by delivery to the commis-
sioner of transportation or his designee a copy of any claim, summons,
complaint, process, notice, demand or other pleading within ten days
after such municipality is served with such document and (ii) the full
cooperation of the municipality in the defense of such action, proceed-
ing, claim or demand and in the defense of any action, proceeding, claim
or demand against the state based upon the same act or omission, and in
the prosecution of any appeal.
(f) The benefits of this subdivision shall inure only to such munici-
palities and shall not enlarge or diminish the rights of any other party
nor shall any provision of this subdivision be construed to effect,
alter or repeal any provision of the workers' compensation law.
(g) This subdivision shall not in any way affect the obligation of any
claimant to give notice to the state under section ten of the court of
claims act or any other provision of law.
(h) The provisions of this subdivision shall not be construed to
impair, alter, limit or modify the rights and obligations of any insurer
under any insurance agreement.
(i) Except as otherwise specifically provided in this subdivision, the
provisions of this subdivision shall not be construed in any way to
impair, alter, limit, modify, abrogate or restrict any immunity avail-
able to or conferred upon any unit, entity, officer or employee of the
state or municipality or any other level of government, or any right to
defense and indemnification provided for any governmental officer or
employee by, in accordance with, or by reason of, any other provision of
state or federal statutory or common law.
3. The commissioner of transportation shall have the power to purchase
(a) materials for such maintenance and repair, except where such work is
done by contract, and to contract for the delivery thereof at convenient
intervals along such highways, and (b) equipment and appliances that he
may deem necessary to carry out the provisions of this section. Any
municipality, acting by and through its authorized official, is hereby
empowered to rent its machinery, tools, equipment, and storage space, to
the state, acting by and through the commissioner of transportation, for
the purpose of such control of snow and ice AND OTHER HIGHWAY MAINTE-
NANCE ACTIVITIES upon such terms and at such rate as may be agreed
between the municipality and the commissioner of transportation.
Notwithstanding the provisions of any general, special or local law or
of any charter, the governing board or body of any such municipality is
hereby authorized to sell such machinery, tools and equipment to the
state, acting by and through the commissioner of transportation, for the
purposes of this section and without competitive bidding or other limi-
tation or restriction provided in any general, special or local law or
of any charter, and the commissioner of transportation, may, upon
approval by the state comptroller and the state commissioner of general
S. 266 8
services, purchase such machinery, tools and equipment from any such
municipality as herein provided.
4. Whenever funds therefor are made available, the commissioner of
transportation shall have power to acquire for the state, by purchase,
or by appropriation through the procedure described in section thirty of
this chapter, property for the purpose of storing, maintaining or proc-
essing construction [and], maintenance supplies, material or equipment
and for the purpose of providing, erecting and maintaining offices for
department personnel and structures for storing, maintaining or process-
ing construction and maintenance materials or equipment.
5. Whenever a state highway has been constructed at a greater width
than that provided in the original plans, upon petition of a village, as
provided in sections forty-six and forty-seven OF THIS CHAPTER, or upon
petition of a town or county, as provided in sections forty-eight,
forty-nine, or fifty-nine OF THIS CHAPTER, or whenever such highway has
been widened by a town or county under a permit granted as provided in,
or under conditions and regulations prescribed pursuant to section
fifty-two OF THIS CHAPTER, the additional width of pavement shall be
deemed to be a part of the highway and shall be maintained by the
commissioner of transportation as provided herein, but in no case where
any such highway has been widened as provided above, shall the state be
responsible for the maintenance of any curb or of any paved gutter or
paved shoulder, provided, however, that on any highway maintained by the
state the commissioner shall have authority to clean any pavement or
paved gutter or repair any unpaved shoulder or unpaved gutter outside of
the pavement maintained by the state, where necessary for the protection
of such pavement.
6. Whenever the head of any state department having jurisdiction or
control over lands owned and occupied by the state, requests the commis-
sioner of transportation to maintain and to repair any road and driveway
which is located on, over and across such lands, the commissioner of
transportation is, notwithstanding the provisions of any general,
special or local law, authorized to grant such request by his official
order therefor. Such official order shall contain a general description
of any such road and driveway. A certified copy of such official order
shall be filed by the commissioner of transportation in the office of
(a) the state department having jurisdiction or control over such lands,
and (b) the department of audit and control. Thereupon any such road
and driveway shall be maintained and repaired under the direct super-
vision and control of the commissioner of transportation in the same
manner as is provided in this section for the maintenance and repair of
improved state highways in towns and in incorporated villages.
7. Whenever the head of any state department, agency, institution or
public benefit corporation having jurisdiction or control over the lands
owned and occupied by the state or such department, agency, institution
or public benefit corporation requests the commissioner to construct,
reconstruct, and/or maintain any loop or peripheral roadway which is or
is to be located on, around, over, or across such lands, notwithstanding
the provisions of any general, special or local law, the commissioner is
authorized to grant such request and undertake such construction, recon-
struction and/or maintenance. Before undertaking the work of
construction, reconstruction and/or maintenance of such roadways, the
commissioner and the head of the state department, agency, institution
or public benefit corporation shall enter into a written agreement,
subject to the approval of the director of the budget, providing the
funds therefor, or reimbursement by such state department, agency,
S. 266 9
institution or public benefit corporation of the funds therefor, includ-
ing all costs incurred by the department in connection with such
construction, reconstruction and/or maintenance. Where such loop or
peripheral roadway is to be constructed, reconstructed and/or maintained
on lands occupied by either the state university of New York or the
state university construction fund, both the state university of New
York and the state university construction fund shall be parties to such
agreement. Such roadway shall be constructed, or reconstructed, to
mutually agreeable standards, in the same manner as state highways are
constructed or reconstructed pursuant to this chapter. The maintenance
of such roadway shall be in the same manner as provided for state high-
ways in this chapter. If such a maintenance agreement extends for a
period greater than one year, the funds shall be made available for, or
reimbursed, on an annual basis. The head of such state department, agen-
cy, institution or public benefit corporation may terminate such mainte-
nance agreement upon six months written notice to the commissioner
making provision for the department of transportation to be reimbursed
for all costs incurred by such department up to such termination date.
In connection with the maintenance of such a roadway the commissioner
shall cause an official order to be issued therefor. Such official order
shall contain a general description of such roadway. A certified copy of
such official order shall be filed by the commissioner in the office of
the head of the state department, agency, institution or public benefit
corporation making such request for maintenance and with the department
of audit and control.
S 13. Section 55 of the highway law, as amended by chapter 1110 of the
laws of 1971, is amended to read as follows:
S 55. Emergency aid [for control of snow and ice] in municipalities.
Notwithstanding any inconsistent provision of law, general, special or
local, the commissioner of transportation, when authorized by the gover-
nor OR THE GOVERNOR'S DESIGNEE, is empowered to aid AND ACCEPT AID FROM
any county, city, town or village of the state in [the control of snow
and ice during] emergency situations, providing the governing board or
body of any such municipality OR THE COMMISSIONER certifies to the
governor (a) that such aid is required to promote the public welfare,
(b) that such municipality OR THE DEPARTMENT does not have available and
is unable to secure and provide the necessary equipment, facilities and
personnel to perform the immediate work [of control of snow and ice],
and (c) that adequate and appropriate provision has been made [to reim-
burse the state for] FOR REIMBURSEMENT OF any actual costs of labor and
of maintenance and operation and for the depreciation of the necessary
equipment and facilities [of the state]. The governing board or body of
any such municipality and the commissioner of transportation are hereby
authorized to enter into a contract for the purposes of this section
upon such terms and conditions as shall be reasonable for the protection
of the public.
S 14. Section 351 of the public health law, subdivision 1 as amended
by chapter 83 of the laws of 1975, is amended to read as follows:
S 351. County or part-county health commissioner, PUBLIC HEALTH DIREC-
TOR OR COUNTY HEALTH DIRECTOR; appointment; compensation. 1. The board
of health of each county and part-county health district OR OTHER BODY
HAVING THE POWERS AND DUTIES OF A BOARD OF HEALTH OF A COUNTY OR
PART-COUNTY HEALTH DISTRICT or the county executive in those counties
where the county charter provides that said commissioner is to be
appointed by the county executive shall appoint a county health commis-
S. 266 10
sioner, COUNTY HEALTH DIRECTOR OR, WHEN AUTHORIZED UNDER THE STATE SANI-
TARY CODE, PUBLIC HEALTH DIRECTOR; except, however,
(A) that the boards of health of not more than three county or part-
county health districts OR OTHER BODIES HAVING THE POWERS AND DUTIES OF
A BOARD OF HEALTH OF A COUNTY OR PART-COUNTY HEALTH DISTRICT may appoint
the same person to serve as county health commissioner, COUNTY HEALTH
DIRECTOR OR, WHEN AUTHORIZED BY THE STATE SANITARY CODE, PUBLIC HEALTH
DIRECTOR for said health districts, if the total population of health
districts is not in excess of one hundred fifty thousand according to
the latest federal decennial census, provided the approval of the
commissioner is obtained[. The]; OR
(B) THE board of health OR OTHER BODY HAVING THE POWERS AND DUTIES OF
A BOARD OF HEALTH OF A COUNTY OR PART-COUNTY HEALTH DISTRICT of any
county health district with a population of less than thirty-five thou-
sand [population] according to the latest federal decennial census may
appoint the same person employed by a contiguous county or part-county
health district to serve as county health commissioner, COUNTY HEALTH
DIRECTOR OR, WHEN AUTHORIZED BY THE STATE SANITARY CODE, PUBLIC HEALTH
DIRECTOR without regard to the total population of both health
districts, provided the approval of the commissioner is obtained.
THE COMMISSIONER SHALL PERIODICALLY REVIEW HIS OR HER DETERMINATION TO
ENSURE SUCH EMPLOYMENT OF THE SAME COUNTY HEALTH DIRECTOR, DIRECTOR OF
PUBLIC HEALTH OR COUNTY HEALTH COMMISSIONER CONTINUES TO SERVE THE
INTEREST OF PUBLIC HEALTH AND MAY TERMINATE HIS OR HER APPROVAL AT HIS
OR HER DISCRETION.
2. IF THE COMMISSIONER HAS APPROVED THE APPOINTMENT OF THE SAME PERSON
TO SERVE AS THE COUNTY COMMISSIONER OF HEALTH OR PUBLIC HEALTH DIRECTOR
OF MORE THAN ONE COUNTY OR PART-COUNTY HEALTH DISTRICT PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, THEN DURING THE CONTINUATION OF SUCH
APPROVAL THE COMMISSIONER MAY ALSO AUTHORIZE THE SAME MEMBERS TO BE
APPOINTED TO THE BOARD OF HEALTH OF EACH RESPECTIVE HEALTH DISTRICT,
NOTWITHSTANDING THEIR RESIDENCY IN THE OTHER COUNTY.
3. ANY BOARDS OF HEALTH OR OTHER BODIES HAVING THE POWERS AND DUTIES
OF A BOARD OF HEALTH OF A COUNTY OR PART-COUNTY HEALTH DISTRICT HAVING
THE SAME MEMBERS SHALL ANNUALLY SUBMIT SUCH INFORMATION AND REPORTS
REGARDING THE EFFECT OF SUCH EMPLOYMENT ON ADMINISTRATION OF THE RESPEC-
TIVE HEALTH DISTRICTS AND THE PROVISION OF PUBLIC HEALTH SERVICES AS THE
COMMISSIONER MAY REQUIRE. THE COMMISSIONER SHALL USE SUCH INFORMATION IN
DETERMINING WHETHER SUCH COMMON MEMBERSHIP CONTINUES TO SERVE THE INTER-
EST OF PUBLIC HEALTH.
4. The county health commissioner OR PUBLIC HEALTH DIRECTOR shall
possess such qualifications for office as are prescribed in the sanitary
code.
[3.] 5. The county health commissioner OR PUBLIC HEALTH DIRECTOR shall
serve for a term of six years and shall not be removed during the term
for which he OR SHE shall have been appointed, except upon written
charges after a hearing and upon notice.
[4.] 6. The county health commissioner OR PUBLIC HEALTH DIRECTOR shall
receive such compensation as may be fixed by the board of supervisors
OR, IF THE COMMISSIONER'S APPROVAL HAS BEEN OBTAINED FOR THE EMPLOYMENT
OF THE SAME PERSON AS THE COUNTY HEALTH COMMISSIONER OR PUBLIC HEALTH
DIRECTOR PURSUANT TO SUBDIVISION ONE OF THIS SECTION, BY THE BOARDS OF
SUPERVISORS.
S 15. This act shall take effect immediately.