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§ 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 1992; provided, however that any charges imposed by section 593 of the real property tax law as added by section one of this act shall first be due " for values for assessment rolls with tentative completion dates after July 1, 1992, and provided further, that this act shall remain in full force and effect until March 31, 1997 at which time section 593 of the real property tax law as added by section one of this act shall be repealed.

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CHAPTER 541

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AN ACT to amend the tax law, in relation to taxes imposed on the sale of

alternative fuel vehicles and conversion of gasoline powered vehicles
to alternative fuels and to define alternative fuel vehicles under and
pursuant to articles 28 and 29 of such law
Became a law July 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 Assem-
bly, do enact as follows:

Section 1. Section 1115 of the tax law is amended by adding a new subdivision (p) to read as follows:

(p)(1) That portion of the receipts from the retail sale of a new alternative fuel vehicle which is attributable to the incremental cost of such vehicle shall be exempt from the tax imposed under subdivision (a) of section eleven hundred five of this article and that portion of the consideration given or contracted to be given for such a vehicle which is attributable to the incremental cost of such vehicle shall be exempt from the compensating use tax imposed under section eleven hundred ten of this article, but only where the incremental cost is

separately stated in the written contract, if any, or on the bill rendered to the purchaser. (2)

, Receipts from the sale of the service of installing tangible personal property described in paragraph three of subdivision (c) of tion eleven hundred five of this article and of tangible personal property installed in a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, rendered or sold in order to convert such a vehicle into an alternative fuel vehicle, and consideration given

or contracted to be given for such service or such tangible personal property rendered or sold for such purpose,

shall be exempt from tax under this article.

(3) The exemptions from tax provided in this subdivision shall not apply to the tax imposed by sect'ion eleven hundred five or eleven hundred ten of this article on receipts from such sales to, or use by, a gas corporation or an electric corporation as defined in subdivisions eleven and thirteen, respectively, of section two of the public service law, or & gas and electric corporation as described in section sixty-four of the public service law, where such corporations are subject to the supervision of the department of public service.

(4) As used in this subdivision : (1) "alternative fuel vehicle" means a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, which uses exclusively alcohol, natural gas, propane or hydrogen as fuel to power such vehicle, or is powered exclusively by electricity dual fuel vehicle;

(ii) "alcohol" means a mixture containing eighty-five percent or more by volume methanol, ethanol or other alcohol;

(iii) "dual fuel vehicle" means a motor vehicle that requires only electricity or alcohol, propane, hydrogen or natural gas

its sole of power, and that, when it is not using one of such sources of power, is also capable of using gasoline or diesel fuel to power

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EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

(iv) "incremental cost" means the increased sale price of an alternative fuel vehicle,, above the sale price of a comparable motor vehicle similar in all other respects but for the equipment necessary to render it an alternative fuel vehicle, which increased sale price is attributable to such vehicle being equipped to render it an alternative fuel vehicle; and

(v) "new alternative fuel vehicle" means an alternative fuel vehicle which is sold or purchased for the first time at retail.

S 2. This act shall take effect on the first day of the quarterly sales tax period, as set forth in subdivision (b) of section 1136 of the tax law, next succeeding, the thirtieth day after it shall have become a law and shall expire on the last day of such a sales tax quarterly period ending no more than five years from that date; provided, however, that the commissioner of taxation and finance may take any action with respect to the adoption, amendment, suspension or repeal of any rule or regulation relating to this act, and may establish any procedure necessary for the timely implementation of this act on and after the date it shall have become a law.

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CHAPTER 542

AN ACT to amend the general municipal law, in relation to references to

the city manager of the city of Yonkers in provisions relating to the composition of the Yonkers community development agency

Became a law July 24, 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 Assenbly, do enact as follows:

Section 1. Section 605 of the general municipal law, as amended by chapter 963 of the laws of 1973, is amended to read as follows:

§ 605. Yonkers community development agency. A municipal urban renewal agency, to be known as the Yonkers community development agency,

is hereby established for the accomplishment of any or all of the purposes specified in articles fifteen and fifteen-A of the general municipal law] this chapter and in accordance with article eighteen of the constitution of the state of New York. It shall constitute a body corporate and politic, be perpetual in duration and consist of seven members: the [city manager] mayor of the city of Yonkers who shall be its chairman, the (mayor of the city] city council president, the planning director of the city, the corporation counsel of the city, the city comptroller and two residents of the city who are neither city officials nor city employees and who shall be appointed by the mayor with the advice and consent of the city council. The two residents of the city who are first appointed shall be designated to serve for terms of two and four years, respectively, from the date of their appointment, Thereafter their term of office shall be four years. An appointed member shall continue hold office until his successor is appointed and has qualified.

The agency shall have the powers and duties now or hereafter conferred by article fifteen-A of [the general municipal law] this chapter upon municipal renewal agencies. It shall otherwise be organized in the man ner prescribed by and be subject to the provisions of article fifteen-A of [the general municipal law) this chapter and the agency, its members, officers and employees and its operations and activities shall in all respects be governed by the provisions of such article.

§ 2. This act shall take effect immediately.

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AN ACT to amend the retirement and social security law, in relation to

the retirement of certain Suffolk county correction officers
Became a law July 24, 1992, with the approval of the Governor. Passed on

Home Rule request pursuant to Article IX, section 2(b) (2) of the Con-
stitution by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Subdivisions e through i of section 89-f of the retirement
and social security law are relettered subdivisions f through j and
new subdivision e is added to read as follows:

As used in this section, "correction officer" means a correction
officer, warden, deputy warden or chief of staff.

§ 2. This act' shall take effect immediately.

FISCAL NOTE.-This bill would expand the definition of "correction officer" as used in Section 89-f of the Retirement and Social Security Law to include the titles of warden, deputy warden and chief of staff.

If this bill is enacted, for the two (2) members known to be affected, we anticipate that there will be an increase of approximately $370 in the annual contributions of Suffolk County for the fiscal year ending March 31, 1993. Further, as a percentage of pay, the increase in annual employer contributions payable for this benefit will eventually approach 1% of the affected members' annual salaries.

In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $100,000 which would be
borne by Suffolk County as a one-time payment.

This estimate, dated February 14, 1992 and intended for use only dur-
ing the 1992 Legislative Session, is Fiscal Note No. 92-160 prepared

by
the Actuary for the New York State and Local Employees Retirement
System.

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CHAPTER 544

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AN ACT to amend chapter 164 of the laws of 1907 relating to the incor

poration of the Queens Borough Public Library, in relation to filling
vacancies on the board of trustees thereof
Became a law July 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 Assem-
bly, do enact as follows:

Section 1. Section 3 of chapter 164 of the laws of 1907 relating to
the incorporation of the Queens Borough Public Library,

amended by chapter 495 of the laws of 1980, is amended to read as follows:

$ 3. The corporation shall organize by the adoption of by-laws and the election of officers. The by-laws shall provide for the terms of office of the trustees the corporation, not to exceed the period of five years, , excepting that the mayor, comptroller and president of

the city council of the city of New York and the president of the borough of Queens, shall at all times be members of the board ex-officio. The trustees shall hereafter be chosen and vacancies occurring in such office filled by an appointment [by] which shall alternate between the EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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mayor of the city of New York and the president of the Borough of Queens. The corporation shall have power from time to time to make such rules and regulations as the trustees thereof shall judge proper for the accomplishment of the objects of the corporation, for the election of officers, for prescribing their respective functions and the mode of discharging the same, for imposing and collecting dues, fines and contributions, for regulating the times and places of meetings, and generally for the management and direction of the affairs and concerns of the said corporation. The trustees shall have absolute control of the expenditure of all moneys appropriated by the city of New York for maintenance of libraries conducted, or to be conducted by the corpora, tion in the borough of Queens, and shall have the power to appoint and fix the salaries of such officers and employees as they shall deem necessary, who, unless employed under special contract, shall hold their offices during the pleasure of the trustees but no trustee shall receive compensation as such, and the authority of the trustees to so make and regulate expenditures for maintenance,

and their right to select, employ, fix salaries and discharge employees, shall be absolute under this act, any acts of the legislature of the state of New York to the contrary notwithstanding.

§ 2. The first vacancy on the board of trustees of the Queens Borough Public Library occurring after the effective date of this act shall be filled by an appointment by the president of the borough of Queens.

§ 3. This act shall take effect immediately.

CHAPTER 545

AN ACT to amend the workers' compensation law, in relation to permitting

the second injury fund to stipulate to an apportionment of liability between such fund, carriers, self-insurers or employers

Became a law July 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 Assembly, do enact as follows:

Section 1. Paragraph (d) of subdivision 8 of section 15 of the workers' compensation law, as amended by chapter 422 of the

laws of 1987, is amended to read as follows:

(d) If an employee of an employer who has secured the payment of compensation as required under the provisions of section fifty of this chapter, who has a total or partial loss or loss of use of one hand, one arm, one foot, one leg, or one eye, or who has other

permanent physical impairment incurs a subsequent disability by accident arising out of and in the course of his employment or an

occupational disease arising therefrom, resulting in a permanent disability caused by both conditions that is materially and substantially greater than that which would have resulted from the subsequent injury or occupational disease alone, the employer or his insurance carrier shall in the first instance pay all awards of compensation and all medical expense provided by this chapter, but such employer or his insurance carrier, except. provided in paragraph (ee) of this subdivision, shall be reimbursed from

as specifically the special disability fund created by this subdivision for all

compensation and medical benefits subsequent to those payable for the first one hundred four weeks of disability, regardless of knowledge

the part of the employer as to the existence of such pre-existing permanent physical impairment.

Notwithstanding anything to the contrary, in this chapter, there may be apportionment of liability for the special disability 'fund under this subdivision within a single claim by disposition between the fund, carriers, self-insurers or employers. § 2.

This act shall take effect immediately.

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CHAPTER 546

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AN ACT to amend the labor law, in relation to participants in a state

approved cooperative work experience program
Became a law July 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 Assem-
bly, do enact as follows:

Section 1. Paragraph a of subdivision 1 of section 143 of the labor law, as added by chapter 642 of the laws of 1991, is amended to read follows:

(i) More than four hours on any day preceding a school day, other than on a Sunday or holiday; (ii) except that students enrolled in cooperative work experience program approved by the department of education may be employed for no more than six hours on any day, preceding school day, other than & Sunday or holiday, if such hours of employment occur solely pursuant to such program. Any hours worked by students in such programs shall be included when calculating the number of hours worked for purposes of subparagraph (i) of this paragraph;

§ 2. This act' shall take effect 30 days after it shall have become a law.

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CHAPTER 547

(See FISCAL NOTE at end of Chapter.)

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AN ACT to amend the retirement and social security law, in relation to
the establishment of twenty-year retirement programs for members of
the uniformed force of the New York city department of sanitation who
are subject to articles 11 and 15 of such law; and to amend the admin-
istrative code of the city of New York, in relation to providing for
employer pick up, pursuant to provisions of the internal revenue code,
of certain additional member contributions required to be made by par-
ticipants in the twenty-year retirement programs
Became a law July 24, 1992, with the approval of the Governor. Passed on
Home Rule request pursuant to Article IX, section 2(b) (2) of the Con-
stitution by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assen-
bly, do enact as follows:

Section 1. Section 444 of the retirement and social security law, as
amended by chapter 936 of the laws of 1990, is amended to read
follows:

§. 444. Maximum retirement benefits. Except as provided in subdivision c of section four hundred forty-five-a of this article and subdivision o of section four hundred forty-five-b of this article, the maximum retirement benefit computed without optional modification provided to a member of a retirement system who is subject to the provisions of this article, other than a policeman, a fireman or a member of a teacher's retirement system,

from funds other than those based on a member's own contributions, shall, before any

reduction for early retirement, be sixty (percentum] per centum of the first fifteen thousand three hundred dollars of final average salary, and fifty [percentum] per centum of final average salary in excess of fifteen thousand three hundred dollars, and forty [percentum] per centum of final average salary in excess of twenty-seven thousand three hundred dollars. The maximum retirement benefit computed without optional modification payable to a policeman or EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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