Assembly of the [United] Presbyterian [church in the United States of America] Church (U.S.A.). § 61. Creation and termination of pastoral relation. The election, calling, settlement, installation, dismissal, removal, translation, constituting or dissolving of the pastoral relation, or fixing or changing of the salary of a minister or pastor of a Presbyterian church in connection with the [general the [general assembly] General Assembly of the [United] Presbyterian [church in the United States of America] Church (D.S.A.) or taking any action for or toward any such purpose, and the calling and conduct of a meeting of any such church for any such purpose, and the qualification of voters at any such meeting, are not authorized or regufated or controlled by any provision of this chapter, but the same shall be in all respects, done, and regulated, and any meeting therefor called, conducted, and controlled, only in accordance with the constitution of the [United] Presbyterian Church [in the United States of America] (U.S.A.). § 8. Section sixty-two of such law, as amended by chapter fifty-three of the laws of nineteen hundred sixty-two, is amended to read as follows: § 62. Worship. Nothing in this chapter contained shall authorize the fixing or changing of the times, nature or order of public worship of any particular United] Presbyterian church in any other manner, or by any other authority than in the manner and by the authority provided in the constitution the [United] Presbyterian Church [in the United States of America] (U.S.A.). § 9. The opening paragraph and subdivisions one, two and six of section sixty-three of such law, the opening paragraph as amended by chapter four hundred eighty-nine of the laws of nineteen hundred sixty, subdivisions one, two and six as amended by chapter fifty-three of the laws of nineteen hundred sixty-two, are amended to read as follows: A meeting for the purpose of incorporation of an unincorporated Presbyterian church in connection with the [United] Presbyterian [church in the United States of America] Church (U.S.A.), must be called and held in pursuance of the provisions of this article. 1. The notice and call of such meeting shall be in writing, and shall state in substance, that a meeting of such unincorporated church will be held at its usual place of worship at a specified day and hour for the purpose of incorporating such church and designating the trustees thereof. The notice must be signed by at least six persons of full age who are then members in good and regular standing of such church by admission into full communion or membership therewith, in accordance with the constitution of the [United] Presbyterian Church [in the United States of America] (U.S.A.). Such notice shall be publicly read at each of the two next preceding regular meetings of such unincorporated church for public worship, at least one week apart, at morning service, if such service be held on Sunday, by the first named of the following persons who is present thereat, to wit: The pastor of such church or the officiating minister thereof. 2. At the meeting for incorporation held in pursuance of such notice, the following persons, and no others, shall be qualified voters, to wit: All persons of full age, who are then members, in good and regular standing of such church by admission into full communion or membership therewith, in accordance with the constitution of the [United] Presbyterian Church [in the United States of America] (U.S.A.). The presence of twenty per cent of such qualified voters, at least six_in number, shall be necessary to constitute a quorum of such meeting, The action of the meeting upon any matter or question shall be decided by a majority of the qualified voters present. majority such meeting shall determine that such church shall be incorporated and its temporalities managed by trustees to be elected by the church, it shall further determine the number of trustees of such church, which shall not be less than three nor more than twenty-four, and shall further determine the date not more than fifteen months thereafter on which the first annual election of the trustees thereof after such meeting shall be held, and such meeting shall elect from the persons qualified to vote at such meeting, one-third of the number of trustees so decided on who shall hold office until the first annual election of trustees thereafter, one-third of such number of trustees to hold office until the second annual election of trustees thereafter, and one-third of such number of trustees to hold office until the third' annual election of trustees thereafter. The nomination and election of the trustees shall be conducted as provided in the constitution of [United] Presbyterian Church [in the United States of America] (U.S.A.). § 10. Section sixty-four, subdivision one of section sixty-five, subdivisions one and six of section sixty-six and subdivision three of section sixty-nine of such law, as amended by chapter fifty-three of the laws of nineteen hundred sixty-two, are amended to read as follows: § 64. Changing system of trustees. 1. If the trustees of an incorporated Presbyterian church in connection with the [United] Presbyterian [church in the United States of America,] Church (U.S.A.) shall at any time be elective as trustees and not trustees by virtue of being spiritual officers, the church may, at an annual corporate meeting if notice thereof be given with the notice of such meeting, determine that the board of deacons thereof, or the session with the board of deacons thereof, or the session thereof shall thereafter constitute the trustees thereof, and thereupon the presiding officer of such meeting and at least two other persons present thereat, shall sign, acknowledge and cause to be filed and recorded[,] a certificate stating the fact of such determination, the names of the officers determined upon to be the officio trustees thereof[;] and thereon the terms of office of such elective trustees shall cease, and the officers determined upon by such corporate meeting[] and their successors in office shall, by virtue of their respective offices, be the trustees of such church. ex If 2. If, at any time, the spiritual officers of an incorporated Presbyterian church in connection with the [United] Presbyterian [church in the United States of America] Church (D.S.A.), which officers by virtue of their offices constitute the trustees thereof, shall determine to submit to a meeting of such church corporation[] the question whether the trustees of such church shall be thereafter elective as such trustees, they shall cause a special corporate meeting of such church to be called and held in the manner provided in section sixty-five of this chapter, and such corporate meeting shall determinet,] whether the trustees of such church shall thereafter be elective in pursuance of this article[,] and also whether the number of such trustees shall be three, six, nine, twelve, fifteen, eighteen, twenty-one, or twentyfour[] and the date of the annual corporate meeting of the church. such meeting shall determine that such trustees shall thereafter be elective as such trustees, [and] the number of such trustees[,] and the date of the first annual corporate meeting of the church, the presiding officer thereof and at least two other persons présent and voting thereat, shall sign, acknowledge and cause to be filed and recorded in the office of the clerk of the county in which the certificate of incorporation of such church_is filed[,] a certificate of such determination of such meeting; [and] thereafter the trustees of such church shall be elective in pursuance of this article. At the next annual corporate meeting after the filing of such certificate, one-third of the number of trustees so determined on[,] shall be elected to hold office for one year, one-third for two years[,] and one-third for three years, [and] the officers of such church who by virtue of their offices have been trustees of such church[,] shall then cease to be such trustees[,] and thereafter the trustees of such church and their successors shall be elective as such trustees as in this article provided. At each subsequent annual corporate meeting of such church, one-third of the number of trustees so determined on shall be elected to hold office for three years. The nomination and election of trustees shall be conducted as provided in the constitution of the [United] Presbyterian Church [in the United States of America] (U.S.A.). 1. In every incorporated church to which this article applies and in which the trustees thereof as such are elective, there shall be held an annual corporate meeting. Such annual corporate meeting of every incorporated church to which this article is applicable[,] shall be held at the time and place fixed by or in pursuance of law therefor, if such time and place be so fixed, and otherwise[,] at a time and place to be fixed by its trustees and in accordance with the constitution of the [United] Presbyterian Church [in the United States of America] (U.S.A.). 1. At a corporate meeting of an incorporated church to which this article is applicable the following persons and по others shall be qualified voters, to wit: All persons who are then members in good and regular standing of such church by admission into full communion and EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law membership therewith, in accordance with the constitution of the [United] Presbyterian Church [in the United States of America] (U.S.A.). 6. At each annual corporate meeting successors to those trustees whose terms of office then expire shall be elected from the qualified voters by ballot for a term of three years thereafter. The nomination and election of trustees shall be conducted as provided in the constitution of the [United] Presbyterian Church [in the Church [in the United States of America] (U.S.A.). 3. Subject to the authority of the session, the trustees of an incorporated church to which this article is applicable shall have the custody and control of all the temporalities and property belonging to the corporation and of the revenues from such property,] and shall administer the same in accordance with the constitution of the [United] Presbyterian Church [in the United States of America] (U.S.A.), and with the provisions of law relating thereto, for the support and maintenance of the church corporation or, providing the members thereof at a porate meeting thereof shall so authorize, of some religious, charitable, benevolent[,] or educational object[,] conducted by such church[,] or connected with it[,] or with the denomination with which it is connected, and they shall not use such property or revenue for any other purpose or divert the same from such uses. 11. This act shall take effect immediately. cor CHAPTER 382 AN ACT in relation to authorizing experimental use of new types of voting machines, experimental use of mechanical and electronic methods of counting absentee ballots and authorizing experimental use of different forms of absentee ballots necessary to use such equipment Became a law July 19, 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. a. The state board of elections may authorize, for use on an experimental basis, one or more types of voting machines not presently approved by such board pursuant to the provisions of title two of article seven of the election law and may authorize a county board of elections or a city, town or village to rent or borrow a limited number of one such type of voting machine for use in a primary, special, general or village election. Authorization for such use of such a machine may be given for all or part of any city, town or village for election. any such b. The state board of elections shall have the authority to suspend for voting machines obtained pursuant to the provisions of this act, all or some of the provisions with respect to the form of the ballot and the operation and canvassing of voting machines contained in sections 7-104, 7-110, 7-114, 9-100, 9-102, 9-128, 9-128, 9-200, 9-206 and 9-208 of the election law, except that the requirement that the names of candidates at a general, special or village election be arranged in party columns or rows and the requirement that no machine may permit a voter to vote for more persons for any office or position than the number to be elected, may not be suspended. c. The state board of elections shall prescribe the procedures to be followed in lieu of all such suspended provisions. Such board may prescribe different procedures for different types of experimental machines. § 2. a. The state board of elections may authorize, for use on an experimental basis, one or more types of equipment to count absentee, military emergency and affidavit ballots in a primary, special or general election by a mechanical or electronic method and may authorize a county board of elections to rent or purchase any one such type of equipment and use a form of absentee, military and emergency ballot which can be counted by such a method. Such authorization may be given for all, or any part, of any such county. b. The state board of elections shall have the authority to suspend, for absentee, military, emergency and affidavit ballots which will be counted by machines obtained pursuant to the provisions of this section, all or some of the provisions with respect to the form of the ballot and the marking, casting and canvassing of ballots contained in sections 7-106, 7-118, 7-114, 7-122, 9-102, 9-110, 9-112, 9-114, 9-116, 9-120, 9-128, 9-208 and 9-209 of the election law. C. The state board of elections shall prescribe the procedures to be followed in lieu of all such suspended provisions. Such board may prescribe different procedures for different types of experimental counting equipment. § 3. a. The state board of elections may authorize for use on an experimental basis in a city of New York community school board election in lieu of paper ballots, one or more types of voting machines and may authorize the board of elections of the city of New York to rent or borrow a sufficient number of such machines to conduct such election in one or more whole school board districts; provided that only one type of machine is used in any one such district and provided, further, that votes may be cast on such a machine and counted in a manner consistent with the proportional representation requirements of subdivision six of section two thousand five hundred ninety-c of the education law. b. Pursuant to the provisions of paragraph thirty-two of subdivision six of section two thousand five hundred ninety-c of the education law, the board of education of the city of New York and the board of elections of the city of New York, subject to the approval of the state board of elections may make those supplemental regulations which are necessary to conduct such a community school board election on voting machines in a manner consistent with the proportional representation requirements of such subdivision six. equire This act shall take effect immediately and shall remain in full force and effect until May thirty-first, nineteen hundred eighty-six. CHAPTER 383 AN ACT to amend the public authorities law, in relation to authorizing the negotiation of agreements with private entities for the alteration, expansion or rehabilitation of New York city transit authority passenger stations Became a law July 19, 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 one thousand two hundred nine of the public authorities law is amended by adding a new subdivision five to read as follows: en 5. (a) Notwithstanding that funds of the authority may be used therefor, a contract for all or a portion of work involving the alteration, expansion or rehabilitation of a passenger station may be awarded by the authority, by negotiation without competitive bidding, to a private tity, or the designee of a private entity where the authority by vote of not less than eleven of its members approves written findings that such award is expected to permit the alteration, expansion or rehabilitation to be carried out in the most efficient and cost effective manner, that such private entity has agreed to pay at least one million dollars toward the cost of the work, that such payment represents not less than fifty percent of the total cost of the work, and that the authority has complied with the procedures provided in paragraph (b) of this subdivision. Notwithstanding the foregoing, a contract for all or a portion of work involving the alteration, expansion or rehabilitation of the passenger station located at the western terminus of the fortysecond street shuttle may be awarded by the authority, by negotiation without competitive bidding, to a private entity or the designee of a private entity where the authority by vote of not less than eleven of EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law in its members approves written findings that such award is expected to permit the alteration, expansion or rehabilitation to be carried out the most efficient and cost effective manner, and that the authority has complied with the procedures provided in paragraph (b) of this subdivision. (b) Not less than fifteen days prior to the consideration by the board of the authority of a contract to be let pursuant to this subdivision, a notice shall be published in at least one newspaper of general circulation. Such notice shall identify the parties to the proposed contract and summarize its terms and conditions. Such notice shall also invite written public comment concerning the proposed contract, including, to the extent appropriate, the submission of alternatives for the authority's consideration. Such information shall be considered by the board of authority prior to the approval of any contract proposed to be awarded pursuant to this subdivision. (c) Any contract entered into pursuant to this subdivision shall comply with the requirements of subdivision thirteen of section twelve hundred sixty-six-c of this article. § 2. This act shall take effect immediately. CHAPTER 384 AN ACT to amend the banking law, in relation to encouraging membership in the New York business development corporation and Increasing the lending authority of such corporation Became a law July 19, 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 Assenbly, do enact as follows: Section 1. Legislative declaration and findings. The mission of the New York business development corporation is to Increase productivity and competitiveness of New York's economy by providing financial and other types of assistance to existing and new small and medium size businesses which have a potential to contribute to job development and economic expansion. As a public purpose, publicly sponsored institution which is privately capitalized and managed, the New York business development corporation will combine the rigor of private sector evaluation with an understanding of New York's economic development objectives. The New York business development corporation's program should be designed to provide a source of financing that would not usually be undertaken by other financial institutions because of its nature or term. By providing more flexible and creative sources of financing, the New York business development corporation, working in cooperation with its members and other ́financial institutions, can assist and advance the business prosperity and economic welfare of New York. In order to fulfill its purposes, the corporation shall give priority to the following objectives: (1) developing increased sources of long-term, fixed rate funds and venture capital funds from both the private and public sectors to enable the corporation to significantly expand its assistance to small and medium sized businesses in securing financing and addressing their specific needs for equity and credit; (ii) obtaining capital lower costs and finding means to immunize, to a greater degree, the cost of funds from short-term fluctuations in prevailing interest rates; (iii) assisting companies and lending institutions in developing the optimum financing solutions for small and medium sized businesses by coordinating private and public sources of funds including federal, state and local F programs; (iv) aggressively marketing and promoting the corporation' s program to financial institutions, state and local development agencies and small and medium sized businesses which can benefit from the type of financing available from the corporation; (v) conducting specific outreach programs designed to apprise women and minority owned businesses of the corporation's services; and (vi) developing the capability to finance exports of small business in New York. at |