CHAPTER 488 AN ACT to amend the real property tax law, in relation to railroad real property and to amend chapter 199 of the laws of 1987, amending chapter 57 of the laws of 1986 and other laws relating to railroad assess ments, in relation to extending the effectiveness of certain provisions of such laws Became a law July 17, 1992, 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. Paragraph (b) of subdivision 1 of section 489-ff of the real property tax law, as added by chapter 920 of the laws of 1977, is amended to read as follows: (b) Average the revenue ascertained pursuant to paragraph (a) of this subdivision for the most recent [three] five fiscal years ending on or before the last day of December immediately preceding the tentative determination of the railroad ceiling. If a railroad company shall have operated for less than such [three] five years, then average the revenue for the number of years of operation immediately preceding the tentative determination of the railroad ceiling. The result shall be the average railway revenues. § 2. Paragraph (b) of subdivision 2 of section 489-ff of the real property tax law, as added by chapter 920 of the laws of 1977, is amended to read as follows: (b) Average the expenses ascertained pursuant to paragraph (a) of this subdivision for the most recent [three] five fiscal years ending on or before the last day of December immediately preceding the tentative determination of the railroad ceiling. If a railroad company shall have operated for less than such [three] five years, then average the expenses for the number of years of operation immediately preceding the tentative determination of the railroad ceiling. The result shall be the average railway expenses. § 3. Subdivision (b) of section 489-j of the real property tax law, as amended by chapter 12 of the laws of 1992, is amended to read follows: as (b) Notwithstanding the provisions of subdivision (a) of this section, for purposes of determining railroad ceilings for intrastate railroads for tentative rolls filed on or after January first, nineteen hundred eighty-seven and on or before [July first,] February twenty-eighth, nineteen hundred [ninety-two] ninety-three where the department of transportation certifies to the state board of equalization and assessment that the railroad has filed a service enhancement plan for the same calendar year for which the tentative roll is filed, and for railroad ceilings finally determined on or after June first, nineteen hundred eighty-seven and prior to January first, nineteen hundred eighty-eight, where no service enhancement plan has been filed, the percentage indicated under "exemption factor" in the following table opposite the earnings ratio of the railroad company shall be the exemption factor for each railroad company. If the earnings ratio of a railroad company does coincide with a specific earnings ratio indicated in the table, the exemption factor for such company shall be determined by interpolation to the nearest hundredth of one percent. not § 4. Subdivision (b) of section 489-hh of the real property tax law, as amended by chapter 12 of the laws of 1992, is amended to read as follows: (b) Notwithstanding the provisions of subdivision (a) of this section, for purposes of determining railroad ceilings for interstate railroads for tentative rolls filed on or after January first, nineteen hundred eighty-seven and on or before [July first,] February twenty-eighth, nineteen hundred [ninety-two] ninety-three where the department of transportation certifies to the state board of equalization and assessment that the railroad has filed a service enhancement plan for the same calendar year for which the tentative roll is filed, and for railroad ceilings finally determined on or after June first, nineteen hundred eighty-seven and prior to January first, nineteen hundred eighty-eight, where no service enhancement plan has been filed, the economic factor for each railroad company shall be the percentage in the following table opposite the ratio computed pursuant to section four hundred eightynine-gg of this title. If the ratio does not coincide with a specific rate indicated in the table, the economic factor for such company shall be determined by interpolation to the nearest tenth of one percent. .95 1.00 5. Section 11 of chapter 199 of the laws of 1987, amending chapter 57 of the laws of 1986 and other laws relating to railroad assessments, as amended by chapter 12 of the laws of 1992, is amended to read as follows: § 11. This act shall take effect immediately and shall apply to all railroad ceilings finally determined by the state board of equalization and assessment on or after June 1, 1987 provided, however, that the provisions of subdivisions (b), (c) and (d) of section 489-j and subdivisions (b), (c) and (d) of section 489-hh of the real property tax law, as added by sections five and eight of this act respectively, shall expire on July 2, 1992] March 1, 1993 and at such time shall be deemed repealed and provided further that the provisions of subdivision 4 of section 489-k and subdivision 4 of section 489-ii of the real property tax law as amended by sections six and nine of this act respectively, shall expire on July 2, 1992] March 1, 1993 and at such time shall be deemed repealed and the provisions of such subdivisions shall be read as they existed immediately preceding the effective date of this act. 6. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 489 (See REPEAL NOTE at end of Chapter.) AN ACT to amend the civil service law and the state finance law, in relation to compensation, benefits and other terms and conditions of employment of certain státe officers and employees; to authorize funding of joint labor-management committees; to implement agreements between the state and an employee organization; to repeal certain provisions of the civil service law relating thereto; and making an appropriation for the purpose of effectuating certain of the provisions hereof Became a law July 17, 1992, 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. Paragraph a of subdivision 1 of section 130 of the civil service law is repealed and a new paragraph a is added to read as follows: a. Effective on the dates indicated, salary grades for positions in the competitive, non-competitive and labor classes of the classified service of the state of New York in the collective negotiating units designated as the administrative services unit, the institutional services unit, the operational services unit and the division of military and naval affairs unit established pursuant to article fourteen of this chapter shall be as follows: (1) Effective April first, nineteen hundred ninety-two: HIRING JOB INCR LONGV LONGV LONGV S.G. RATE STEP STEP STEP STEP STEP STEP RATE AMOUNT 1 2 3 5 496 474 17445 18195 750 18293 19043 750 524 19129 19879 750 550 20040 20790 750 571 21082 21832 750 1 12863 13316 13769 14222 14675 15128 15581 16034 453 841 881 929 37785 38535 750 39882 40632 750 41981 42731 750 44073 44823 750 46371 47121 750 48794 49544 750 51307 52057 750 53922 54672 750 56799 57549 750 (2) Effective April first, nineteen hundred ninety-three: HIRING S.G. RATE STEP 1 STEP STEP STEP STEP JOB INCR LONGV LONGV LONGV STEP RATE AMOUNT STEP STEP INCR 6 1 2 1 13378 13849 14320 14791 15262 15733 16204 16675 471 572 594 623 677 20812 21562 750 21896 22646 750 23070 23820 750 647 24283 25033 750 25585 26335 750 26991 27741 750 28524 29274 750 300 24 30774 750 31705 32455 750 33454 34204 750 35282 36032 750 709 747 772 805 841 875 5 16058 16630 17202 17774 18346 18918 19490 20062 916 966 37193 37943 750 39265 40015 750 41448 42198 750 43632 44382 750 45803 46553 750 48193 48943 750 50713 51463 750 53326 54076 750 56048 56798 750 59038 59788 750 (3) Effective April first, nineteen hundred ninety-four: HIRING S.G. RATE STEP 1 1 13913 14403 14893 15383 15873 16363 16853 17343 490 36663 37413 750 38653 39403 750 40808 41558 750 43073 43823 750 45344 46094 750 47605 48355 750 50090 50840 750 52710 53460 750 55427 56177 750 58259 59009 750 61373 62123 750 (4) Effective October first, nineteen hundred ninety-four: 1 14080 14576 15072 15568 16064 16560 17056 17552 496 2 14642 15161 15680 16199 16718 17237 17756 18275 519 3 15402 15945 16488 17031 17574 18117 18660 19203 4 16102 16676 17250 17824 18398 18972 19546 20120 5 16901 17503 18105 18707 19309 19911 20513 21115 6 17880 18505 19130 19755 20380 21005 21630 22255 7 18902 19558 20214 20870 21526 22182 22838 23494 656 8 20002 20683 21364 22045 22726 23407 24088 24769 681 9 21151 21864 22577 23290 24003 24716 25429 26142 713 EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law 24244 24994 750 25519 26269 750 26892 27642 750 746 28367 29117 750 29981 30731 750 813 31564 32314 750 33328 34078 750 786 847 885 921 10 22395 23141 23887 24633 25379 26125 26871 27617 35170 35920 750 37095 37845 750 39106 39856 750 41289 42039 750 43584 44334 750 45885 46635 750 48169 48919 750 50687 51437 750 53333 54083 750 56086 56836 750 58948 59698 750 62095 62845 750 § 2. Paragraph (f) of subdivision 3 of section 130 of the civil service law, as amended by chapter 582 of the laws of 1988, is amended to read as follows: (f) Notwithstanding the provisions of paragraph (e) of this subdivision, officers and employees otherwise eligible to receive the longevity payments provided by paragraph (e) of this subdivision who, on their eligibility date, are serving in a higher graded position (i) on a temporary basis or on a probationary or a permanent basis and subsequently fail the probationary period or accept a voluntary demotion which is not a consequence or settlement of a disciplinary action or are demoted as a result of the abolition of positions and (ii) return to a position in [their former] a lower salary grade on or before March thirty-first, nineteen hundred [ninety-one] ninety-five and (iii) remain in [their former] such lower salary grade for at least six payroll periods shall be eligible for such longevity payments. § 3. Subdivisions 1 and 2 of section 154-b of the civil service law, as added by chapter 302 of the laws of 1985, are amended to read as follows: 1. Notwithstanding any other law, rule or regulation to the contrary, where an agreement between the state and an employee organization entered into pursuant to article fourteen of this chapter so provides on behalf of employees in positions serving in the collective negotiating units designated as the administrative services unit, institutional services unit and the operational services unit, a survivor's benefit for a state employee in a position in such negotiating units shall be paid in an amount as provided in such agreement in the event that such employee dies subsequent to April first, nineteen hundred eighty-five as the result of an accidental on-the-job' injury and that a death benefit is paid pursuant to the workers' compensation law. Such survivor's benefit shall be paid to the employee's surviving spouse and children who are designated by the workers' compensation board to receive a death benefit or portion thereof in the same proportion as the death benefit provided by the workers' compensation law is paid. In the event that the employee is not survived by a spouse or children, the survivor's benefit shall be paid to the estate of the employee. Such survivor's benefit shall be in addition to and not in place of any other survivor's or death benefit payable on behalf of such employee. 2. Notwithstanding any law, rule or regulation to the contrary, where an agreement between the state and such employee organization entered into pursuant to article fourteen of this chapter so provides, the state shall establish a special education fund to provide the child or children as designated by the workers' compensation board to receive a death benefit pursuant to the workers' compensation law of such employees for whom a survivor's benefit is paid pursuant to subdivision one of this section with full tuition [to attend a college or university which is part of the state] up to the amount charged for an undergraduate college or university by the state university of New York to attend any accredited college or university within this state provided, however, such child or children as so designated meet the entrance requirements of such college or university. The special education fund shall be funded at a level and for the period of time as determined by such agreement and any interest or other earnings attributable to the money held in such fund shall be utilized with such money for the purpose set forth in this subdivision. |