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required on an instrument of surrender to an authorized agency if such adoptee was born in this state but no sooner than twenty-one years after the adoptee's birth; provided however, that any person whose registration was accepted may withdraw such registration prior to the release of any identifying information.
3. Upon acceptance of a registration by an adoptee pursuant to this section, the agency shall search the records of the agency to determine whether the agency was involved in such adoption.
(a) If the agency determines that the agency was not involved in such adoption, it shall notify the [adoptee] registrant that no record exists of the adoption and refer the registrant to the department's adoption information registry operated pursuant to sections forty-one hundred thirty-eight-b and forty-one hundred thirty-eight-c of this article.
(b) If the agency determines that the agency was involved in such adoption, it shall transmit the registration to the adoption information registry operated by the department and the agency shall release the non-identifying information, as defined in section four thousand one hundred thirty-eight-c of this article, to the adoptee registrant. The agency may restrict the nature of the non-identifying information released pursuant to this section upon a reasonable determination that disclosure of such non-identifying information would not be in the adoptee's or parent's best interest.
4. Upon acceptance of a registration pursuant to this section, the department shall search the records of the department to determine whether the adoptee's adoption occurred within the state. The department shall establish an authorized agency fee schedule for search costs and registry costs of an authorized agency. The department shall establish a registration fee sufficient to recover search costs and use of registry
(a) If the department determines that there is a corresponding registration for the adoptee and for each of the parents whose consent to the adoption was required or whose signature was required on an instrument of surrender to an authorized agency, it shall notify the court wherein the adoption occurred and [if the court verifies that the match is correct, the department shall notify the agency that a corresponding match has been made. The agency shall notify all such persons that a corresponding match has been made and request such persons final consent to the release of identifying information.
(b) If the [agency] department determines that there is no corresponding registration for the adoptee and for the parents whose consent to the adoption was required or whose signature was required on an instrument of surrender to an authorized agency, it shall notify the agency which shall notify the registering person that no corresponding match has been made. The agency shall not solicit or request the consent of the non-registered person or persons.
5. Upon receipt of a final consent by the adoptee, and by each of the parents whose consent to the adoption was required or whose signature was required on an instrument of surrender to an authorized agency, the agency shall release identifying information to all the registrants. Such identifying information shall be limited to the names and addresses of the registrants and shall not include any other information contained in the adoption or birth records. However, nothing in this section shall be construed to prevent the release of adoption records as otherwise permitted by law.
6. (a) Any employee of the agency who solicits or causes another to solicit a registration for the purposes of this section, except as otherwise permitted by law, shall be guilty of a misdemeanor, provided, however, that solicitation shall not include disclosure of the existence of the adoption information registry.
(b) Any person who unlawfully discloses any information in the mutual consent voluntary adoption registry shall be guilty of a class A misdemeanor.
(c) Notwithstanding any other provision, any employee of the department who unlawfully discloses any information in the mutual consent voluntary adoption registry shall be subject to dismissal for such violation.
7. Upon receipt of identifying information from the department pursuant to section four thousand one hundred thirty-eight-b and four thousand one hundred thirty-eight-c of this article, the agency shall EXPLANATION-Matter in italics is new; matter in brackets  is old law to be omitted.
promptly release identifying information to all the registrants. Such identifying information shall be limited to the names and addresses of the registrants and shall not include any other information contained in the adoption or birth records or other records maintained by the agency. However, nothing in this section shall be construed to prevent the release of adoption records as otherwise permitted by law.
8. For purposes of this section: "authorized agency" or "agency" means an authorized agency as defined in paragraphs (a) and (b) of subdivision ten of section three hundred seventy-one of the social services law. 9. The provisions of this section shall apply to adoptions occurring on or after the first day of April, nineteen hundred eighty-four[,]; provided, however, that the provisions of [subdivisions three, four and seven of this section shall also apply to adoptions occurring prior to the first day of April, nineteen hundred eighty-four, except that the agency shall also accept and maintain the verified registration of the adoptive parents in accordance with the provisions of subdivision two of this section and the final consent of the adoptive parents shall be required in accordance with the provisions of subdivision five of section forty-one hundred thirty-eight-b of this article prior to release of any identifying information under subdivision five of this section.
§ 2. The second undesignated paragraph of section one hundred fourteen of the domestic relations law, as amended by chapter six hundred sixtysix of the laws of nineteen hundred seventy-six, is amended to read as follows:
No person, including the attorney for the adoptive parents shall disclose the surname of the child directly or indirectly to the adoptive parents except upon order of the court. No person shall be allowed access to such sealed records and order and any index thereof except upon an order of a judge or surrogate of the court in which the order was made or of a justice of the supreme court. No order for disclosure or access and inspection shall be granted except on good cause shown and on due notice to the adoptive parents and to such additional persons as the court may direct. Nothing contained herein shall be deemed to require the state commissioner of health or his designee to secure a court order authorizing disclosure of information contained in adoption or birth records requested pursuant to the authority of section forty-one hundred thirty-eight-b, section forty-one hundred thirty-eight-c or section forty-one hundred thirty-eight-d of the public health law; upon the receipt of such request for information, the court shall transmit the information authorized to be released thereunder to the state commissioner of health or his designee.
§ 3. This act shall take effect immediately.
AN ACT to amend the environmental conservation law, in relation to assessments imposed upon generators of hazardous wastes and environmental regulatory fees; the navigation law, in relation to surcharges on license fees; the state finance law, in relation to the hazardous waste remedial fund; the public authorities law, in relation to inactive hazardous waste' site programs; and to repeal sections 27-0923 and 27-1319 of the environmental conservation law relating thereto
Became a law April 16, 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. Section 27-0923 of the environmental conservation law is repealed and a new section 27-0923 is added to read as follows: § 27-0923. Special assessments on hazardous wastes generated.
1. On and after June first, nineteen hundred eighty-five, there is hereby imposed upon every person who is engaged within the state in the generation of hazardous waste ident if ied or listed pursuant to this title a special assessment to be determined as follows:
a. Twenty-seven dollars per ton of hazardous waste generated which is disposed of in a landfill. Any hazardous waste which is remaining from the treatment of hazardous wastes in a facility located on the site where the wastes are generated and which are subsequently disposed of in a landfill, shall be subject to this special assessment;
b. Nine dollars per ton of hazardous waste generated which is incinerated off the site where the waste is generated;
Two dollars per ton of hazardous waste generated which is incinerated on the site where the waste is generated;
d. Sixteen dollars per ton of hazardous waste generated which is treated or disposed of, exclusive of disposal in a landfill or by incineration, in any facility located off the site where the waste is generated.
2. On or after June first, nineteen hundred eighty-five, there is hereby imposed upon persons holding permits for the storage, treatment or disposal of hazardous waste pursuant to section 27-0913 of this title a hazardous waste disposal special assessment to be determined as follows:
dollars per ton of hazardous waste which is disposed
of in a landfill;
b. Nine dollars per ton of hazardous waste generated which is incinerated off the site where the waste is generated;
C. Sixteen dollars per ton of hazardous waste which is treated or disposed of, exclusive of disposal in a landfill or by incineration any facility located off the site where the waste is generated;
d. No special assessment shall be imposed under this subdivision upon disposal of hazardous waste where such waste was generated by persons subject to the special assessment under subdivision one of this section. 3. a. Notwithstanding any provision of this section to the contrary, no special assessment shall be imposed under this section on the resource recovery of any hazardous waste; provided, however, that any materials remaining from resource recovery which are hazardous wastes and which are subsequently disposed of, treated, or incinerated, shall be subject to the special assessments imposed by this section. For purposes of this section, resource recovery shall not include the removal of water from a hazardous waste.
b. In the case of a fraction of a ton, the special assessments imposed by this section shall be the same fraction of the amount of such special assessment imposed on a whole ton.
c. For the purpose of this section, generation of hazardous waste shall not include retrieval or creation of hazardous waste which must be disposed of due to remediation of an inactive hazardous waste disposal site in New York state as defined in section 27-1301 of this chapter.
4. a. The special assessments imposed by this section shall be reported and paid to the department of taxation and finance on a quarterly basis on or before the twentieth day of the month after the end of each calendar quarter, provided, however, that the special assessments attributable to the months of June, July, August and September of nineteen hundred eighty-five shall be due on October twentieth, nineteen hundred eighty-five. The payments shall be accompanied by a return in such form as the department of taxation and finance may prescribe upon consultation with the commissioner. Provided, however, that when the assessments due on the twentieth day of the month after the end of any quarter are less than fifty dollars, the payment of such assessment may be deferred until the twentieth day of the month after the next succeeding quarter except that any and all amounts due for the previous calendar year shall be payable on or before the twentieth of January of each
b. All moneys collected or received by the department of taxation and finance pursuant to this section shall be deposited daily to the credit of the comptroller with such responsible banks, banking houses or trust companies as may be designated by the comptroller. Such deposits shall be kept separate and apart from all other moneys in the possession of the comptroller. The comptroller shall require adequate security from all such depositories. Of the revenues collected under this section, the comptroller shall retain in his hands such amounts as the commissioner of taxation and finance may determine to be necessary for refunds under this section and the comptroller shall pay any refunds to which those liable for special assessments shall be entitled under the provisions of EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.
this section. The comptroller, after reserving the amount to pay such refunds, shall, on or before the tenth day of each month, pay all special assessments, interest and penalties collected under this section and remaining to his credit in such banks, banking houses or trust companies at the close of business on the last day of the preceding month into the hazardous waste remedial fund created pursuant to section ninety-seven-b of the state finance law. Within thirty days after each quarterly reporting date, the comptroller shall certify the amount of special assessments under this section deposited in the hazardous waste remedial fund during the preceding quarter and the cumulative amount collected since the start of the current calendar year, and shall submit such certification to the governor and the chairman of the senate finance committee and the chairman of the assembly ways and means committee.
The commissioner and the state tax commission shall have the power to jointly promulgate rules and regulations necessary and appropriate to carry out the purpose of this section.
6. The provisions of article twenty-seven of the tax law shall apply to the provisions of this section in the same manner and with the same force and effect as if the language of such article had been incorporated in full into this section and had expressly referred to the special assessments under this section except that the term "special assessment" or "special assessments" when used in this section shall mean "tax" or "taxes" for the purpose of the application of article twenty-seven of the tax law as incorporated by this subdivision and except to the extent that any provision of such article is either inconsistent with a provision of this section or is not relevant to this section.
7. a. If any generator or person subject to assessment by this section fails or refuses to file a return or furnish any information requested in writing by the department of taxation and finance, said department may, from any information in its possession, make an estimate and issue an assessment against such generator or person and add a penalty of twenty-five percent of the amount of the assessment So determined. This penalty shall be in addition to all other applicable penalties.
b. If the assessment imposed by this section or any installment or portion of the assessment is not paid on or before the date prescribed for its payment, there shall be collected as a part of the assessment, interest upon the unpaid amount at the rate of fifteen percent per annum from the date prescribed for its payment until payment is actually made to the department of taxation and finance.
§ 2. Section 27-1305 of such law is amended by adding a new subdivision six to read as follows:
6. On or before July first, nineteen hundred eighty-six and July first of each succeeding year, the department shall prepare a status report on the implementation of the plan, and an update of the policies, program objectives, methods and strategies as outlined in the plan which guide the overall inactive hazardous waste site remediation program.
§ 3. Section 27-1319 of such law is repealed and a new section 27-1319 is added to read as follows: § 27-1319. State superfund management board.
1. There is hereby created within the department the "state superfund management board" hereinafter referred to as the board. Such board shall consist of thirteen members, including the commissioners of environmental conservation, health and commerce, or their designees, and ten large members appointed by the governor, two of whom shall be appointed upon recommendation of the temporary president of the senate and two of whom shall be appointed upon recommendation of the speaker of the assembly, one of whom shall be appointed upon recommendation of the minority leader of the senate and one of whom shall be appointed upon recommendation of the minority leader of the assembly, and, of the remaining four, two shall be representatives of organizations whose prime function is the protection of natural resources and enhancement of the environmental quality of the state and two shall be representatives of industries that generate hazardous waste in the state. None of the members appointed by the governor shall be officers or employees of any state department or agency and each shall be, by professional training or experience and attainment, qualified to analyze and interpret matters pertaining to hazardous waste management and the remediation of inactive hazardous waste disposal sites.
2. a. The commissioner of environmental conservation shall serve as chairman of the board and the board shall elect a vice chairman from among the appointed members to preside in the absence of the chaiṛman.
b. Of the ten at large members appointed by the governor, each shall hold office until such time as the board shall cease to exist or until he shall resign or be removed in the manner provided by law. Any vacancy on the board shall be filled by appointment pursuant to subdivision of this section.
3. The members of the board shall serve without compensation for their services as members of the board, except that each of them shall be allowed the necessary and actual expenses which he shall incur in the performance of his duties under this section.
4. The board shall have the power, duty and responsibility to: a. Serve as a working forum for the exchange of views, concerns, ideas, information and recommendations relating to hazardous waste management and the remediation of inactive hazardous waste disposal sites.
b. Request and receive from the department at each meeting of the board any portions of the plan or any revisions, amendments or changes available for review, and any supporting documents or other pertinent data.
C. Compel the attendance at each meeting of the board of such personnel of the department, or of other appropriate state departments or agencies, as may reasonably be expected to supply any pertinent data the board may request.
d. Monitor and review the implementation of the inactive hazardous waste site remediation program and the policies, program objectives, methods, and strategies outlined in the plan, the annual implementation status report, any plan update, the registry, and the quarterly site status reports by the department, as well as information which the board may acquire from other sources.
Review the hazardous waste site remediation remaining to be completed under the state inactive hazardous waste remedial plan as updated, the estimate of the costs which would be incurred in the completion of this remediation, the schedule under which the costs will be incurred, the revenues and resources expected to be available to meet these costs.
Review and evaluate the municipal cost sharing program established pursuant to paragraph g of subdivision five of section 27-1313 of this title and review the appropriate state and industry contribution to the inactive hazardous waste site remedial program.
upon its monitoring, reviewing and other information available to it, the board shall report to the governor and to the legislature on or before January first of each year its assessment of the implementation of the remediation program, together with its comments, suggestions, and recommendations regarding the program, its implementation, available funding and resources, and the need for steps to assure the future availability of funding.
5. a. The board shall:
1. Meet at least quarterly;
2. Keep a record of all its proceedings; and
3. Determine the rules of its own procedures.
b. Seven members of the board shall constitute a quorum for the transaction of any business of the board.
6. Staff services, including recording of board proceedings, shall be performed by personnel of the department, or such state departments or other agencies as the chairman deems appropriate or desirable.
7. For the purposes of this section, the at large members of the board shall be considered officers or employees of public entities and shall be afforded such defense and indemnification provided pursuant to section eighteen of the public officers law.
8. The board shall cease to exist on the thirty-first day of March, nineteen hundred eighty-nine.
§ 4. Section 71-2725 of such law, as added by chapter seven hundred nineteen of the laws of nineteen hundred eighty-one, is amended to read as follows:
§ 71-2725. Disposition of penalties and fines.
All penalties and fines collected pursuant to [subdivision two of section 71-2705 and sections 71-2721 and 71-2723 of this chapter] sections EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.