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REPAIR TO RENDER, UNDER NORMAL USE, SATISFACTORY
AND ADEQUATE SERVICE.
2. IF THE DEALER REFUSES TO HONOR ITS LEGAL DUTY,
COMPLAIN TO THE N.Y.S. DEPARTMENT OF MOTOR VEHI -
CLES DIVISION OF VEHICLE SAFETY SERVICES, EMPIRE

STATE PLAZA, ALBANY, N.Y. 12228.
6. Certificate of prior use [by automobile auctioneer). 8. Upon the
sale or transfer of any passenger motor vehicle to automobile
tioneer any transferer shall execute and deliver to the auctioneer an
instrument in writing which shall set forth in nature of the principal
prior

of such vehicle when the automobile transferer knows or has reason to know that such use was as a taxicab, rental vehicle, police vehicle, driver education vehicle, or vehicle which has been repurchased pursuant to either section one hundred ninety-eight-a or one hundred ninety-eight-b of this chapter, a similar statute of another state, or an arbitration or alternative dispute procedure.

b. Upon the sale of any second-hand passenger motor vehicle, the automobile auctioneer shall execute and deliver to the buyer an instrument in writing, which shall set forth the nature of the principal prior use of such vehicle when the automobile auctioneer knows or has

to know that such use was a taxicab, rental vehicle, police vehicle, or driver education vehicle, or vehicle which has been repurchased pursuant to either section

hundred ninety-eight-a or one hundred ninetyeight-b of this chapter, a similar statute of another state, or an arbitration or alternative dispute procedure.

8. Exceptions. The provisions of this section shall not apply to an auction or auctions at which only vehicles which are being sold pursuant to repossession, foreclosure of a lien, or by or on behalf of an executor or administrator to settle an estate, or pursuant to court order, or an auction conducted by the federal government, or the state, its agencies, bureaus, boards, commissions and authorities, any political subdivision of the state, or the agencies and authorities of any such subdivision, or an auction at which only vehicles which being sold

owned by a regulated public utility or other business which maintains a fleet of twenty-five or more vehicles used in the dinary course of business and 'not purchased for the purpose of resale, or at an auction at which bids are accepted only from registered motor vehicle dealers, registered vehicle dismantlers certified scrap processors. Vehicles sold at such an auction shall not be included in determining the number of vehicles sold at auction for the purpose of determining whether a person is an auctioneer.

§ 3. This act shall take effect on the thirtieth day after it shall have become a law.

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CHAPTER 603

AN ACT to amend the alcoholic beverage control law, in relation to the

sale of items related to the consumption of wine
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. Subdivision 4 of section 63 of the alcoholic beverage control law as amended by chapter 730 of the laws of 1991, is amended read as follows:

4. No licensee under this section shall be engaged in any other business on the licensed premises. The sale of lottery tickets, when duly authorized and lawfully conducted, the sale of corkscrews or the sale of ice or the sale of publications, including prerecorded video and/or audio cassette tapes, designed to help educate consumers

in their knowledge and appreciation of wine and wine products, as defined in sec tion three of this chapter, or the sale of non-carbonated, non-flavored mineral waters, spring waters and drinking waters or the sale of glasses

to

designed for the consumption of wine, racks designed for the storage of wine, and devices designed to minimize oxidation in bottles of wine which have been uncorked, shall not constitute engaging in another business within the meaning of this subdivision.

§ 2. Subdivision 3 of section 79 of the alcoholic beverage control law is amended to read as follows:

3. No licensee under this section shall be engaged in any other business in the premises licensed. The sale of those items specifically enumerated in subdivision four of section sixty-three of this chapter shall not constitute engaging in another business within the meaning of this subdivision. § 3. This act shall take effect immediately.

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CHAPTER 604

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(See FISCAL NOTE at end of Chapter.)

AN ACT to grant Susan R. Vitello retroactive membership in the New York

state and local employees' retirement system, Tier 2 status

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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-
biy, do enact as follows:
Section 1. Notwithstanding any

any other provision of law, Susan R. Vitello, who was employed by the State University of New York at Buffalo, and who was enrolled as a Tier 2 member of the New York state and local employees' retirement system prior to July 26, 1976 in connection with such employment, and whose membership was subsequently terminated for reasons not ascribáble to her own negligence and by operation of law on July 31, 1989, and who is currently employed by the State University of New York' at Buffalo and enrolled as a Tier' 4 member of the New York state and local employees' retirement system, shall be deemed to have maintained her status as a Tier 2 member of the New York state and local employees' retirement system and shall be reinstated as a Tier 2 member of such system, if on or before December 1, 1992, she files written request to that effect with the state comptroller.

§ 2. A11 costs associated with the operation of this act shall be borne by the state of New York.

§ 3. This act shall take effect immediately. FISCAL NOTE. -This bill would deem Susan R. Vitello, an employee of the State University of New York at Buffalo, to have maintained her status as a Tier 2 member of the New York State and Local Employees' Retirement System.

If this bill is enacted, we anticipate that there will be an increase of approximately $380 in the annual contributions of the State of New York 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 4.3% of Susan R. Vitello's annual salary.

In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $18,000 which would be born by the state of New York as a one-time payment.

This estimate, dated February 12, 1992 and intended for use only during the 1992 Legislative Session, iś Fiscal Note No. 92-138 prepared by

for the New York State and Local Employees' Retirement

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

CHAPTER 605

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AN ACT to amend the vehicle and traffic law, in relation to authorizing the mandatory revocation of the registration of

any motor vehicle operated as a taxi or limousine without appropriate licensing therefor 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 Section 509 of the vehicle and traffic law is amended by adding a new subdivision 12 to read as follows:

12. A violation of subdivision two of this section involving the operation for hire of any vehicle as a taxicab, livery as defined in section

hundred twenty-one-a of this chapter, coach, limousine, van or wheelchair accessible van within the state without the appropriate license therefor, shall be punishable by a fine of not less than one hundred fifty dollars nor more than three hundred dollars. A person who operates vehicle for hire without the appropriate license therefor, pursuant to subdivision two of this section after having been convicted of such a violation within the preceding five years shall be punished by a fine of not less than two hundred fifty dollars

more than five hundred dollars. A person who operates a vehicle for hire without the appropriate license therefor pursuant to subdivision two of this section after having been convicted two or more times of such a violation within the preceding ten years shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars.

§ 2. Section 510 of the vehicle and traffic law is amended by adding a new subdivision 2-a to read as follows:

2-a. Mandatory suspension and revocation of a license and registration in certain cases. (a) Within seven days after conviction for a violation of any local law which prohibits the knowing operation or offering to operate or permitting the operation for hire of any vehicle as taxicab, livery, defined in section one hundred twenty-one-e of this chapter, coach, limousine, van or wheelchair accessible van within the state without first having obtained an appropriate license therefor from the appropriate licensing authority and appropriate for-hire insurance from the appropriate insurance agency, the taxi and limousine commission or other local body having jurisdiction over such offenses with

respect to such vehicles shall provide notice of such conviction to the commissioner in a manner agreed upon between any such local body and the commissioner, Upon receipt of such notice, the

commissioner shall suspend the license of such operator and the registration of such vehicle for a period of sixty days.

(b) Within seven days after conviction for a violation of any local law which prohibits the knowing operation or offering to operate or permitting the operation for hire of any vehicle as a taxicab, livery, as defined in section one hundred twenty-one-e of this chapter,

coach, limousine,

wheelchair accessible van within the state without first having obtained an appropriate license therefor from the appropriate licensing authority and appropriate for-hire insurance from the appropriate insurance agency, where the operator has, within the previous five years, been convicted of any such violation, the taxi and l'imousine commission or other local body having jurisdiction over such offenses with respect to such vehicles shall provide notice to the commissioner in a manner agreed upon between any such local body and the commissioner. Upon receipt of such notice, the commissioner shall revoke the license of such operator.

(c). Within seven days after conviction for a violation of any local law which prohibits the knowing operation or offering to operate or permitting the operation for hire of any vehicle as a taxicab, livery, as defined in section one hundred twenty-one-e of this chapter,

coach, limousine, van

wheelchair accessible van within the state without first having obtained an appropriate license therefor from the approprite licensing authority and appropriate for-hire insurance fron the appropriate insurance agency, where the registrant has, within the previous five years, been convicted of any such violation, the taxi and limousine commission or other local body having jurisdiction over such offenses with respect to such vehicles shall provide notice to the commissioner

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in a manner agreed upon between any such local body and the commissioner. Upon receipt of such notice, the commissioner shall revoke the registration of such vehicle, and no new registration shall be issued for at least six months, nor thereafter, except in the discretion of the commissioner.

(d). The provisions of this subdivision shall not apply to any taxicab or livery as defined in section one hundred twenty-one-e of this chapter, coach, limousine, van or wheelchair accessible van licensed or pernitted for such operation by the appropriate local body of any

other municipality, the department of transportation, the metropolitan transportation authority or the interstate commerce commission.

§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law except that any rules and regulations necessary, for the timely implementation of this act on its effective date shall be promulgated on or before such date.

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CHAPTER 606

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AN ACT to amend the civil service law and the general municipal law, in

relation to rights extended by a public employer to an employee orga-
nization in certain cases
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. Subdivision 4 of section 201 of the civil service law, as amended by chapter 678 of the laws of 1977, is amended to read follows:

4. The term "terms and conditions of employment" means salaries, wages, hours[, agency shop fee deduction] and other terms and conditions of employment provided, however, that such term shall not include [agency shop fee deduction for negotiating units comprised of employees of the state or] any benefits provided by or to be provided by a public retirement system, or payments to a fund or insurer to provide an income for retirees,

payment to retirees or their beneficiaries. No such retirement benefits shall be negotiated pursuant to

this article, and any benefits so negotiated shall be void. § 2.

Paragraph (b) of subdivision 3 of section 208 of the civil service law, as amended by chapter 122 of the laws of 1978, is amended to read as follows: (b) Notwithstanding provisions of

of and restrictions of sections two hundred two and two hundred nine-a of this article[,) and section ninety-three-b of the general municipal law [and section six-a of the state finance law], every employee organization that has been recognized or certified as the exclusive representative of employees within a negotiating unit of other than state employees shall be entitled [to negotiate as part of any agreement entered into pursuant to this article] to have [deductions] deducted from the wage or salary of employees of such negotiating unit who are not members of said employee organization the amount equivalent to the dues levied by such employee organization and the fiscal disbursing officer of the local government or authority involved shall make such deductions and transmit the sum so deducted to such employee organization. Provided, however, that the foregoing provisions of this subdivision shall only be applicable in the case of an employee organization which has established and maintained a procedure providing for the refund to any employee demanding the return of

any part of an agency shop fee deduction which represents the employee's pro rata share of expenditures by the organization in aid of activities or causes of a political or ideological nature only incidentally related to terms and conditions of employment. Nothing herein shall be deemed to require an employee to become a member of such employee organization. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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§ 3. Subdivision 3 of section 93-b of the general municipal law, as added by chapter 677 of the laws of 1977, is amended to read as follows:

3. [Where collectively negotiated agreement between a public employer other than the state and a recognized or certified employee ganization entered into pursuant to article fourteen of the civil service law provides for an agency shop fee deduction, ] Notwithstanding, the provisions of and restrictions of sections two hundred two and two hundred nine-a of the civil service law but subject to the

provisions of paragraph (b) of subdivision three of section two hundred eight of such law, every employee organization that has been recognized certified

the exclusive representative of employees within a negotiating unit of other than state employees shall be entitled to

have

deducted from the wage or salary of the employees in such negotiating unit who are not members of said employee organization the amount equivalent to the dues levied by such employee organization, and the fiscal or disbursing of ficer of such public employer [is hereby authorized to] shall deduct from the salary of any employee represented by such employee organization for the purpose of collective negotiations who has not authorized the deduction of membership dues in such employee organization pursuant to subdivision one of this section, an agency shop fee deduction in the amount equivalent to the dues levied by such employee organization. The fiscal or disbursing officer is further authorized to accumulate such fees and transmit the fees so accumulated to the employee organization,

5 4. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to each pay period of public ployer commencing on or after such day and the amendments to the civil service law made by section two of this act and to the general municipal law by section three of this act shall expire at the same time and under the same terms and conditions upon which subdivision 3 of section 208 of the civil service law expires, pursuant to section 7 of chapter 677 of the laws of 1977 as amended, and as from time to time amended.

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CHAPTER 607

(See FISCAL NOTE at end of Chapter.)

AN ACT allowing certain persons in state or municipal employment to ob; tain retroactive membership in Tier I

of

the state and local employees' retirement system 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. Notwithstanding the provisions of any law to the contrary, any person who became employed as a teacher's aide with the Minisink Valley central school district in 1972 and has continued in that capacity for a period of seventeen uninterrupted years, and who became a member of the New York state and local employees' retirement system in August, 1977, and for reasons not ascribable to his/her own negligence, did not become member of such system prior to July 1, 1973, may be deemed to have become a member of such system on or before May 31, 1973; if, or before December 31, 1992, such person shall file with the state comptroller a written request to that effect.

§ 2. A11 past service costs and future costs of this act shall be paid by the Minisink Valley central school district.

§ 3. This act shall' take effect immediately. FISCAL NOTE: --This bill would grant Tier 1 status to certain employees of the Minisink Valley Central School District by changing their dates of membership in the

the New York State and Local Employees' Retirement System. If this bill is enacted, for the one person known to be affected,

we anticipate that there will be an increase of approximately $680 in the annual contributions of the Minisink Valley Central School District for

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