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Passed by the 215th Session of the Legislature Convened

January 8, 1992

CHAPTER 1

AN ACT to amend the education law, in relation to extending the term of officetain community school board members and providing for the repeal

upon Became a law January 24, 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 Assenbly, do enact as follows:

Section 1. Subdivisions 1 and 2 of section 2590-c of the education law, subdivision 1 as amended by chapter 739 of the laws of 1988 and subdivision 2 as amended by chapter 553 of the laws of 1976, are amended to read as follows:

1. Each community district shall be governed by a community board to consist of nine members to be elected for a term of three years and to serve without compensation provided, however, that the term of members otherwise due to expire on June thirtieth, nineteen hundred ninety-two is hereby extended until June thirtieth, nineteen hundred ninety-three. Each such board shall select one of its members to serve as chairman.

2. Such members shall be elected at an election conducted by the board of elections in the city of New York to be held on the first Tuesday in May commencing with the year nineteen hundred (seventy-seven) ninetythree and every third year thereafter for a term commencing on the first day of July next following. Š 2.

act shall take effect immediately provided, however, that the amendments made to subdivision 1 of section 2590-c of the education law

section ne of this act shall expire and be deemed repealed on July 1, 1993.

CHAPTER 2

AN ACT to amend the tax law, in relation to the imposition of sales and

use taxes by the county of Erie Became a law February 3, 1992, with the approval of the Governor. Passed

on Home Rule request pursuant to Article IX, section 2(b) (2) 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. The opening paragraph of section 1210 of the tax law, as separately amended by chapters 272 and 273 of the laws of 1991, is amended to read as follows:

Notwithstanding any other provision of law to the contrary, but subject to the limitations and exemptions in part II of this article, any city in this state county in this state, except a county wholly EXPLANATION–Matter in italics is new; matter in brackets [] is old law

to be omitted.

or

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within a city, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws, ordinances or resolutions imposing in any such city or county the following taxes at the rate of one-half, one, one and one-half, two, two and one-half or three percent, provided, however, that for thé period beginning June first, nineteen hundred seventy-four and ending June thirtieth, nineteen hundred seventy-five,, any such city having a population of million or more is hereby authorized and empowered to adopt and amend local laws imposing such taxes in any such city, at the rate of four percent and, provided further, however, that the county of Nassau is hereby further authorized and empowered to adopt and amend local laws imposing such taxes: (i) at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such county for the period beginning. June first, nineteen hundred eighty-three and ending December thirty-first, nineteen hundred eighty-five; and (ii) at a rate which is three-quarters percent additional to the three percent rate authorized above in this paragraph for such county for the period beginning January first, nineteen hundred eighty-six and ending December thirty-first, nineteen hundred ninety-three subject to the limitation set forth in section twelve hundred sixty-two-e of this chapter, and provided further, however, that the county of Nassau is hereby further authorized and empowered to adopt and amend local laws or resolutions imposing such taxes at a rate which is one-half percent additional to the three percent rate authorized above in this paragraph and which is additional to the three-quarters percent rate also authorized above in this paragraph for such county for the period beginning September first, nineteen hundred ninety-one and ending December thirty-first, nineteen hundred ninety-three, and provided further, however, that the county of Erie is hereby further authorized and empowered to adopt and amend local laws or resolutions imposing such taxes at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such county for: (i) the period beginning March first, nineteen hundred eighty-five and

December thirty-first, nineteen hundred eighty-seven; and (ii) the period beginning January tenth, nineteen hundred éighty-eight and ending February [twenty-ninth, nineteen hundred ninety-two) twenty-eighth, nineteen hundred ninety-three and provided further, however, that the county

of Cattaraugus is hereby further authorized and empowered to adopt and amend local laws or resolutions imposing such. taxes at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such county for the period beginning March first, nineteen hundred eighty-six and ending. February twenty-eighth, nineteen hundred ninety-four, and provided further, however, that the county of Allegany, is hereby further authorized and empowered to adopt and amend local laws or resolutions imposing such taxes at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such county for the period beginning December first, nineteen hundred eighty-six and ending November thirtieth, nineteen hundred ninety-two, and provided further, however, that the county of Suffolk is hereby further authorized and empowered to adopt and amend local laws or resolutions imposing such taxes at a rate which is one-half percent additional to the three percent rate authorized above in this paragraph for such county for the period beginning, September first, nineteen hundred ninety-one and ending December thirty-first, nineteen hundred ninety-three, and provided further, however, that the city of Yonkers is hereby further authorized and empowered to adopt and amend local laws imposing such taxes at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such city (The maximum rate referred to in section twelve hundred twenty-four shall be calculated without reference to such one percent additional rate authorized for Yonkers and the counties of Erie, Cattaraugus and Allegany.), and provided further, however, that the city of Mount Vernon is hereby further authorized and empowered to adopt and amend local laws imposing such taxes at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such city, (The maximum rate referred to in section twelve hundred twenty-four shall be calculated without reference to such one percent additional rate authorized for Mount Vernon. ), and provided further, however, that the city of Rome is hereby further authorized and empowered to adopt and amend local laws, ordinances or resolutions imposing such taxes at a rate which is one-quarter percent additional to the three percent rate authorized above in this paragraph for such city for the period beginning September

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first, nineteen hundred ninety and ending August thirty-first, two thousand, (The maximum rate referred to in section twelve hundred twentyfour shall be calculated without reference to such one-quarter of one percent additional rate authorized for Rome. ), and provided further, however, that if the county of Dutchess, the county of Orange or the county. 'of Rockland withdraws from the metropolitan commuter transportation district pursuant to section twelve hundred seventy-nine-b of the public authorities law, such county is hereby authorized and empowered, in the alternative, to adopt and amend local laws, ordinances or resolutions imposing such taxes at the rate of one-half, three-quarters, one, one and one-quarter, one and one-half, one and three-quarters, two, and one-quarter, and one-half, two and three-quarters, three or three and one-quarter percent if the revenues from a one-quarter percent rate of such tax are required by such local laws, ordinances or resolutions to be set aside for mass transportation purposes, such taxes to be administered, collected and distributed by the commissioner of taxation and finance as provided in subpart B of part III and in part IV of this article:

§ 2. Notwithstanding subdivision (c) of section 1262 of the tax law, the additional one percent sales and compensating use taxes which may be levied by Erie county during the period commencing March 1, 1992 and ending February 28, 1993 pursuant to the authority of section' 1210 of the tax law, shall be distributed to the county of Erie solely for county purposes and shall not be subject to any revenue distribution agreement established pursuant to subdivision (c) of section 1262 of the tax law.

§ 3. Notwithstanding any other provision of any state or local law to the contrary, any local law or resolution enacted or amended to impose the sales and compensating use taxes at the one percent additional rate of tax authorized by this act, shall take effect in accordance with the provisions of subdivision (d) of section 1210 of the tax law, except that the minimum notice requirements to the commissioner of taxation and finance shall be deemed complied with upon mailing by registered mail to the commissioner of taxation and finance at his office in Albany later than January 22, 1992, of a certified copy of such local law or resolution; provided, however, if this act is signed into law after January 22, 1992, and before February, 4, 1992, such minimum notice requirements shall be deemed complied with upon such mailing of such local law or resolution by registered mail to the commissioner of taxation and finance within four days of the bill being signed into law.

§ 4. This act shall take effect immediately.

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CHAPTER 3

AN ACT to amend the vehicle and traffic law, in relation to the

definition of hazard vehicles Became a law February 6, 1992, with the approval of the Governor.

Passed by a majority voté, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. Section 117-a of the vehicle and traffic law, as amended by chapter 282 of the laws of 1971, is amended to read as follows:

$ 117-a. Hazard vehicle. Every vehicle owned and operated by a utility, whether public or private, used in the construction, maintenance and repair of its facilities, every vehicle specially equipped or designed for the towing or pushing of disabled vehicles, [and] every vehicle engaged in highway maintenance, or in ice and snow removal where such operation involves the use of a public highway and vehicles driven by rural letter carriers while in the performance of their official duties.

§ 2. This act shall take effect immediately. EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

CHAPTER 4

AN ACT to amend the real property tax law, in relation to extending for

six months the time to apply for eligibility for tax exemption and deferral of tax payments for certain industrial and commercial properties in cities of one million or more persons, in relation to changing the year in which the temporary incentive boundary commission shall meet to determine the boundaries of areas it is authorized to desig; nate pursuant to the industrial and commercial incentive program and in relation to such boundaries

Became a law February 10, 1992, with the approval of the Governor.

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

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

Section 1. Subdivision 1 of section_489-eeee of the real property tax law, as amended by chapter 425 of the laws of 1990, is amended to read as follows:

1. Application for a certificate of eligibility pursuant to this title may be made immediately following the effective date of a local law enacted pursuant to this title and continuing until [December thirtyfirst, nineteen hundred ninety-one] June thirtieth, nineteen hundred ninety-two. Such application shall state whether it is for industrial or commercial construction work, and shall be filed with the department of finance. In addition to any other information required by such department, the application shall include cost estimates or bids for the proposed construction and an affidavit of a professional engineer or architect of the applicant's choice, certifying that detailed plans for the construction work have been submitted to the department of buildings. Such application shall also state that the applicant agrees to comply with and be subject to the rules and regulations issued from time to time by the department of finance to secure compliance with all applicable city, state and federal laws or which implement mayoral directives and executive orders designed to ensure equal employment opportunity. Such application shall also certify that all taxes currently, due and owing on the property which is the subject of the application have been paid or are currently being paid in timely installments pursuant to written agreement with the department of finance.

§ 2. Paragraph (a) of subdivision 2 of section 489-cccc of the real property tax law, as amended by chapter 425 of the laws of 1990, is amended to read as follows:

(a) The commission shall meet in nineteen hundred [ninety-one) ninetytwo and [every three years thereafter] nineteen hundred ninety-five to determine the boundaries of the various areas which it is authorized to designate pursuant to this section. The areas designated by the commission in effect as of December thirty-first, nineteen hundred ninety-one shall remain in effect until the first taxable status date after the commission makes a new designation pursuant to this section.

§ 3. Paragraph (c) of subdivision 2 of section 489-cccc of the real property tax law, as added by chapter 966 of the laws of 1984, is amended to read as follows:

(c) The commission shall make such designation not later than the last day before the first taxable status date following the conclusion of such public hearing. The designation shall be effective as of the first taxable status date after it is made and shall remain in effect [up to but not including the fourth taxable status date thereafter] until the first taxable status date after the commission makes a new designation pursuant to this section; provided, however, that the first designation shall take effect immediately.

§ 4. This act shall take effect immediately and shall be retroactive to and deemed to have been in full force and effect of January 1, 1992.

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