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business in this state, vacates his office as a notary public. A notary public who is a resident of New York state and moves out of the state and who does not retain an office or place of business in this state shall vacate his office as a notary public. A non-resident who accepts the office of notary public in this state thereby appoints the secretary of state as the person upon whom process can be served on his behalf. Before issuing to any applicant a commission as notary public, unless he be

attorney and counsellor at law duly admitted to practice in this state, the secretary of state shall satisfy himself that the applicant is of good moral character,, has the equivalent of a common school education and is familiar with the duties and responsibilities of a notary public; provided, however, that where a notary public applies, before the expiration of his term, for [a] reappointment with the county clerk or where a person whose term as notary public shall have expired applies within six months thereafter for [appointment] reappointment as a notary public with the county clerk, such qualifying requirements may be waived by the secretary of state, and further, where an application for reappointment is filed with the county clerk after the expiration of the aforementioned renewal period by a person who failed or unable to re-apply by reason of his induction or enlistment in the armed forces of the United States, such qualifying requirements may also be waived by the secretary of state, provided such application for reappointment is made within a period of one year after the military discharge of the applicant under conditions other than dishonorable. In any case, the appointment or reappointment of any applicant is in the discretion of the secretary of state. The secretary of state may suspend or remove from office, for misconduct, any notary public appointed by him but such removal shall be made unless the person who is sought to be removed shall have been served with a copy of the charges against him and have an opportunity of being heard. No person shall be appointed as a notary public under this article who has been convicted, in this state any other state or territory, of a felony or any of the following offenses, to wit:

§ 2. Section 131 of the executive law is repealed and a new section 131 is added to read as follows:

§ 131. Procedure of appointment; fees and commissions. 1. Applicants for a notary public commission shall submit to the secretary of state with their application the oath of office, duly executed before any person authorized to administer an oath, together with their signature.

2. Upon being satisfied of the competency and good character of applicants for appointment as notaries public, the secretary of state shall issue a commission to such persons; and the official signature of the applicants and the oath of office filed with such applications shall take effect.

3. The secretary of state shall receive a non-refundable application fee of thirty dollars from applicants for appointment, which

fee

shall be subaitted together with the application. No further fee shall be paid for the issuance of the commission.

4. A notary public identification card indicating the appointee's Dane, address, county and commission term shall be transmitted to the appointee.

5. The commission, duly dated, and a certified copy or the original of the oath of office and the official signature, and ten dollars apportioned from the application fee shall be transmitted by the secretary of state to the county clerk in which the appointee resides by the tenth day of the following month.

6. The county clerk shall make a proper index of commissions and official signatures transmitted to that office by the secretary of state pursuant to the provisions of this section.

1. Applicants for reappointment of a notary public commission shall subait to the county clerk with their application the path of office, duly executed before any person authorized to administer an oath, together with their signature.

8. Upon being satisfied of the completeness of the application for reappointment, the county clerk shall issue a commission to such sons; and the official signature of the applicants and the oath of of ficefiled with such applications shall take effect.

9. The county clerk shall receive a non-refundable application fee of thirty dollars from each applicant for reappointment, which fee shall be EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

per

submitted together with the application. No further fee shall be paid for the issuance of the commission.

10. The commission, duly, dated, and a certified or original copy of the application, and twenty dollars apportioned from the application fee plus interest as may be required by statute shall be transmitted by the county clerk to the secretary of state by the tenth day of the following month.

11. The secretary of state shall make a proper record of commissions transmitted to that office by the county clerk pursuant to the provisions of this section.

12. Except for changes made in an application for reappointment, the secretary of state shall receive a non-refundable fee of ten dollars for changing the name or address of a notary public.

13. The secretary of state may issue a duplicate identification card to a notary public for one lost, destroyed or damaged upon application therefor on a form prescribed by the secretary of State and upon payment of a non-refundable fee of ten dollars. Each such duplicate identification card shall have the word "duplicate" stamped across the face thereof, and shall bear the same number as the one it replaces.

§ 3. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law.

CHAPTER 14

AN ACT to amend the public authorities law, in relation to the training

in fire prevention and control required of bridge and tunnel officers and maintenance division employees of the Triborough bridge and tunnel authority Became a law March 13, 1992, 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. Section 553-g of the public authorities law, as added by chapter 899 of the laws of 1990, is amended to read as follows: § 553-8. Fire training.

All

persons appointed to the position of bridge and tunnel officer and maintenance division employees of the Triborough bridge and tunnel authority on or after the effective date of this section shall participate in a training course of at least [thirty] twenty-eight hours the subject of fire prevention and control. The training courses shall be conducted by the Fire Academy of the New York city fire department. Such academy shall also administer any retraining or refresher courses attended by personnel of the authority. Any costs incurred by the city of New York for the aforementioned training shall be reimbursed by the authority.

§ 2. This act' shall take effect immediately.

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CHAPTER 15
AN ACT to amend the mental hygiene law, in relation to the determination

of the rent for a facility under receivership
Became a law March 13, 1992, 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. Paragraph 4 of subdivision (b) of section 31. 28 of the mental hygiene law, as added by chapter 863 of the laws of 1984, is amended to read as follows:

(4) On the return of said order to show cause, determination shall have precedence over every other business of the court unless the court shall find that some other pending proceeding, having similar statutory precedence, shall have priority: The court may conduct a hearing at which all'interested parties shall have the opportunity to present evi

case

dence pertaining to the application. If the court shall find that the facts warrant the granting thereof, the court shall determine a fair monthly rental for the facility consistent with its usage as such facility, taking into account all relevant factors, including the condition of such facility, which amount shall, except in the

where the receiver is assuming an existing bona fide arm's length lease, not exceed, where applicable,] the amount which would be reimbursablé to the facility under the medical assistance program for real property costs if each patient in the facility, were recipient of medical assistance. Such , rental shall be paid by the receiver to the owner or owners of the facility for each month that the receivership remains effect, provided, however, that nothing contained herein shall be construed' to alter and diminish any rental obligation the operator may have under any currently valid lease.

§ 2. This act shall take effect immediately.

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CHAPTER 16

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AN ACT to amend the not-for-profit corporation law, in relation to

cemetery corporation charges
Became a law March 13, 1992, 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. Clause B of subparagraph 3 of paragraph (e) of section 1509 of the not-for-profit corporation law, as added by chapter 426 of the laws of 1991, is amended to read as follows:

B. An application setting forth the proposed amendment of, or addition to, the charges of a cemetery, corporation shall be deemed to be approved for any cemetery corporation holding, including unrestricted funds, cash and investments totalling less than four hundred thousand dollars, if the board does not object to the proposed charges within sixty days following: (i) the date on which the application shall have been deemed to be compléte or (ii) the date on which the requested information necessary to complete the application shall have been received, whichever is later. If the board objects to the proposed charges, it shall notify the directors in writing with the reasons therefor, such notice to be mailed by registered or certified mail to the corporation at its principal office, not less than three business days before the end of such sixty day period. [The board may amend and approve the charge] If the board approves such amendment of or addition to the charges, it shall do so by order.

§ 2. This act shall take effect immediately.

CHAPTER 17 AN ACT to amend the not-for-profit corporation law, in relation to judicial approval of certificates of incorporation for certain

corporations

Became a law March 20, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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

Section 1. Paragraph (a) of section 404 of the not-for-profit corporation law, as amended by chapter 847 of the laws of 1970, is amended to read as follows:

(a). Every certificate of incorporation of a corporation classified as type B or type C under section 201 (Purposes) and every certificate of incorporation which includes among its purposes the formation of a trade EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law or business association shall have endorsed thereon or annexed thereto the approval of a justice of the supreme court of the judicial district in which the office of the corporation is to be located. Ten days' written notice of the application for (such] approval of every certificate of incorporation that includes among its purposes the formation of trade or business association, accompanied by a copy of the proposed certificate, shall be given to the attorney-general.

to be omitted.

၌ 2. This act shall take effect on the ninetieth day after it shall have become a law.

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CHAPTER 18

AN ACT to amend the public health law, in relation to the regulation of

animal euthanasia
Became a law March 20, 1992, 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. Paragraph (d) of subdivision 1 of section 3305 of the public health law, as added by chapter 619 of the laws of 1987, is amended to read as follows:

(d) to a duly authorized agent of an incorporated society for the prevention of cruelty to animals or a municipal' animal control facility for the limited purpose of buying, possessing, and dispensing to registered and certified personnel, sodium pentobarbital to euthanize animals, including but

not limited to dogs and cats. The department shall, consistent with the public interest, register such duly authorized agent and such agent shall file, on a quarterly basis, a report of purchase, possession, and use of sodium pentobarbital, which report shall be certified by the society for the prevention of cruelty to animals or municipal animal control facility as to

its accuracy and validity. This report shall be in addition to any other record keeping and reporting requirements of state and federal law and regulation. The department shall adopt rules and regulations providing for the registration and certification of any individual who, under the direction of the duly authorized and registered agent of an incorporated society for the prevention of cruelty to animals, or municipal animal control

facility, uses sodium pentobarbital tó euthanize animals, including but not lima ited to dogs and cats. The department may also adopt such other rules and regulations as shall provide for the safe and efficient use of sodium pentobarbital by incorporated societies for the prevention of cruelty to animals and animal control facilities. Nothing in this paragraph shall be deemed to waive any other requirement imposed incorporated societies for the prevention of cruelty to animals and animal control facilities by state and federal law and regulation.

§ 2. This act shall take effect immediately.

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CHAPTER 19 AN ACT to amend the surrogate's court procedure act, in relation to

eligibility for issuance of letters of administration Became a law March 20, 1992, 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 4 of section 1418 of the surrogate's court procedure act is amended to read as follows: 4.

A corporation incorporated within the territorial limits of the United States which is a sole or residuary legatee may act, administrator with will annexed although not specifically so authorized by its charter or by any provision of law.

§ 2. This act shall take effect immediately.

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CHAPTER 20

AN ACT to amend the tax law, in relation to technical amendments

regarding long term leases

Became a law March 20, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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

Section 1. Subdivision (i) of section 1111 of the tax law, as added by chapter 190 of the laws of 1990, is amended to read as follows:

(i) (A) Notwithstanding any contrary provisions of this article or other law, with respect to any lease for a term of one year or more of (1) a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, with a gross vehicle weight of ten thousand pounds less, (?) a vessel, as defined in section twenty-two hundred fifty of such law (including any inboard or outboard motor and any trailer, as defined in section one hundred fifty-six of such law, leased in conjunction with such a vessel) and (3) noncommercial aircraft having a seating capacity of less than twenty passengers and a maximum payload capacity of less than six thousand pounds, or an option to renew such a lease for a period of [ а

year or more] or a similar contractual provision[, the exercise of which would extend the term of such a lease for period of one year or more), all receipts due or consideration given or contracted to be given for such property under and for the entire period of [the] such lease, option to renew or similar provision, or combination of them, shall be deemed to have been paid or given and shall be subject to tax, and any such tax due shall be collected, as of the date of first payment under (the) such lease, option to similar provision, or combination of them, or as of the date of registration of such property with the commissioner of motor vehicles, whichever is earlier. Notwithstanding any inconsistent provisions of subdivision (b) of this section or of section eleven hundred seventeen of this article or of other law, for purposes of such a lease, option to renew or similar provision originally entered into outside this state, by a lessee (1) who was resident of this state, and leased such property for use outside the state and who subsequently brings

such property into this state for use here or (2) who was a nonresident and subsequently becomes a resident and brings thé property into this state for use here, any remaining receipts due or consideration to be given after such lessee brings such property into this state shall be subject to tax as if the lessee had entered into or exercised [the] such lease, option to renew or similar provision, or combination thereof, for the first time in this state and the relevant provisions of sections eleven hundred ten concerning imposition and computation of tax, eleven hundred eighteen concerning exemption from

tax for tax paid to another jurisdiction, eleven hundred thirty-two concerning presumption of taxability and conditions for registration and eleven hundred thirty-nine concerning refunds, of this article, shall be applicable to any sales or compensating use tax paid by the lessee before the lessee brought the property into this state, except to the extent that any such provision is inconsistent with a provision of this subdivision. For purposes of this subdivision, (1) a lease for a term of one year or more shall include any lease for a shorter term which includes an option to renew or other like provision (or more than one of such option or other provision) where the cumulative period that the lease, with or without such option or provision, may be in effect upon exercise of such option or provision is

year or more and (2) receipts due and consideration ziven or contracted to be given under any such lease or other provision for excess mileage charges shall be subject to tax as and when paid or due.

(B) Notwithstanding any inconsistent provisions of this subdivision, with respect to a lease of a motor vehicle described in paragraph (A) of this subdivision for a term of one year or more (1) which includes an EXPLANATION–Matter in italics is new; matter in brackets [] is old law

to be omitted.

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