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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:

§ 3. This act shall take effect immediately.

CHAPTER 639

AN ACT to amend the judiciary law, in relation to the appointment of grand jury stenographers by the district attorney of Schenectady

county

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. Section 322 of the judiciary law, as amended by chapter 279 of the laws of 1991, is amended to read as follows:

§ 322. Stenographers to be citizens and residents of county where appointed. 1. Every stenographer appointed under the provisions of this title shall be a citizen and resident of the county in which he is appointed, except that the district attorney of Hamilton county may ap point a stenographer residing in the county of Fulton and the district attorney of Wyoming county may appoint a stenographer residing either in the county of Genesee or in the county of Livingston and the district attorney of Allegany county may appoint a stenographer residing in the county of Steuben or in any county in the eighth judicial district and the district attorneys of Chemung, Tioga, Tompkins and Otsego counties may each appoint a stenographer residing in any county in the sixth judicial district and the district attorney of Schoharie county may appoint a stenographer residing in any county in the third judicial district and the district attorney of Washington county may appoint a stenographer residing either in the county of Saratoga or in the county of Warren and the district attorney of Saratoga county may appoint a stenographer residing in either Schenectady county, or Albany county or Rensselaer county and the district attorneys of Columbia and Greene counties may appoint a stenographer residing in any county of the third judicial district and the district attorneys of Seneca county, Cayuga county, Ontario county, Wayne county, Livingston county and Yates county may appoint a stenographer residing in any county of the seventh judicial district and the district attorney of Albany county may appoint a stenographer residing in either Schenectady county or in any county of the third judicial district and the district attorneys of Rockland and Putnam counties may appoint a stenographer residing in any county of the ninth judicial district and the district attorney in Orleans county may appoint a stenographer residing in any county of the eighth judicial district and the several district attorneys within the city of New York may appoint stenographers residing in any county within such city and the district attorney of Lewis county may appoint a stenographer residing in any county in the fifth judicial district and the district attorney of Chautauqua county may appoint a stenographer residing in Erie

county.

2. The provisions of subdivision one of this section shall not apply to any person appointed by the district attorney of Schenectady County as a stenographer, who was appointed to such position on or before the effective date of this subdivision.

§ 2. This act shall take effect immediately.

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CHAPTER 640

AN ACT to amend the tax law and chapter 817 of the laws of 1987, amending the tax law and the environmental conservation law, constituting the business tax reform and rate reduction act of 1987, in relation to making permanent certain provisions of such chapter which expired with respect to taxable years beginning on or after January first, nineteen hundred ninety-two which relate to the franchise taxes on insurance corporations

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. Subparagraph (M) of paragraph 1 of subdivision (b) of section 1503 of the tax law. as added by chapter 817 of the laws of 1987, is amended to read as follows:

(M) for taxable years beginning after December thirty-first, nineteen hundred eighty-six and before January first, nineteen hundred ninetytwo, the amount of unearned premiums on outstanding business included in premiums earned pursuant to the provisions of sections 832(b)(4)(C) 832(b)(7)(B)(ii) of the internal revenue code;

and

§ 2. Subdivision (a) of section 1510 of the tax law, as amended by chapter 109 of the laws of 1988, is amended to read as follows:

(a) Domestic, foreign and alien insurance corporations except life insurance corporations. Except as hereinafter provided, every domestic insurance corporation, every foreign insurance corporation and every alien insurance corporation, other than such corporations transacting the business of life insurance, (1) authorized to transact business in this state under a certificate of authority from the superintendent of insurance ΟΙ (2) which is a risk retention group as defined in subsection (o) of section five thousand nine hundred two of the insurance law, shall, for the privilege of exercising corporate franchises or for carrying on business in a corporate or organized capacity within this state, and in addition to any other taxes imposed for such privilege, pay a tax on all gross direct premiums, less return premiums thereon, written on risks located or resident in this state. The rate of tax imposed by this subdivision shall be two percent on premiums written on or after January first, nineteen hundred seventy-four and before January first, nineteen hundred seventy-five, one and nine-tenths percent on premiums written on or after January first, nineteen hundred seventyfive and before January first, nineteen hundred seventy-six, one and eight-tenths percent on premiums written on or after January first, nineteen hundred seventy-six and before January first, nineteen hundred seventy-eight, [and] one and two-tenths percent on premiums written on or after January first, nineteen hundred seventy-eight and before January first, nineteen hundred ninety-two and one and three-tenths percent on premiums written on and after such date. Provided, however, that the rate of tax imposed by this subdivision on all gross direct premiums, less return premiums thereon, for accident and health insurance contracts shall be one and six-tenths percent for such premiums written on or after January first, nineteen hundred seventy-four and before January first, nineteen hundred seventy-eight, and one percent for such premiums written on or after January first, nineteen hundred seventy-eight.

§ 3. Subdivision (i) of section 110 of chapter 817 of the laws of 1987, amending the tax law and the environmental conservation law, constituting the business tax reform and rate reduction act of 1987, is

amended to read as follows:

(i) The provisions of sections eighty-one and shall apply to taxable years beginning after nineteen hundred eighty-six, [and shall not EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

eighty-five of this act December thirty-first, apply to taxable years

beginning on or after] except with regard to the addition by section eighty-one of subparagraph (M) to paragraph one of subdivision (b) of section fifteen hundred three of the tax law which shall apply to taxable years beginning after December thirty-first, nineteen hundred eighty-six and before January first, nineteen hundred ninety-two.

§ 4. This act shall take effect immediately, and shall be deemed to have been in effect on August 7, 1987 provided that the amendment to subdivision (a) of section 1510 of the tax law by section two of this act shall not affect the expiration of such subdivision as section 12 of chapter 109 of the laws of 1988, as amended.

provided by

CHAPTER 641

AN ACT to amend the public health law, in relation to the exclusion of certain hospitals from provisions therein

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. Subparagraph (ii) of paragraph (a) of subdivision 25 of section 2807-c of the public health law, as amended by chapter 519 of the laws of 1991, is amended to read as follows:

resi

(ii) for the rate periods during the period January first, nineteen hundred ninety-two through December thirty-first, nineteen hundred ninety-three, residencies shall be weighted to provide higher weights for primary care and emergency medicine physicians. Primary care dents specialties shall include family medicine, general pediatrics, and primary care internal medicine. In determining whether a residency is in primary care, the commissioner shall consult with the New York state council on graduate medical education and the state hospital review and planning council. Reimbursable indirect expenses of medical education of a general hospital for a rate period shall be weighted based on projected medical education statistics for such general hospital for such rate period, and subsequently reconciled through appropriate procedures to actual statistics by a prospective adjustment to rates of payment. The weighing factors shall be determined based on nineteen hundred ninety data and statistics and shall include residents identified in subparagraph (i) of paragraph (a) of this subdivision not previously included in such calculations such that the sum in total for all general hospitals of the results of the weighting factors multiplied by the indirect medical education expenses for each general hospital shall equal, approximately, the sum in total for all general hospitals of the indirect medical education expenses for each general hospital determined as if the provision of this section were applied without consideration of the weighting factors or residents in non-hospital ambulatory settings determined pursuant to this subdivision. Residency positions in any specialty shall be weighted to equal no less than nine-tenths of what such position would have equaled if reimbursement were to have been calculated without regard to the weighting factors. The provisions of this subparagraph shall not apply to those specialty eye and ear, special surgery, and orthopedic and joint disease hospitals whose primary mission is to engage in research, training, and clinical care in the above-named areas.

§ 2. This act shall take effect immediately and shall be deemed to have been effect on January 1, 1992, provided that the amendment to section 2807-c of the public health law made by section one of this act shall not affect the expiration of such section and shall expire therewith.

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CHAPTER 642

AN ACT to amend the navigation law, in relation to imposing a fine for discharging waste water or other sanitary facilities into Skaneateles Lake

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. Section 33-a of the navigation law, as amended by a chapter of the laws of 1992 amending the navigation law relating to sanitary conditions aboard craft on Skaneateles Lake, as proposed in legislative bill numbers S. 7431-A. 10284, is amended to read as follows:

any

All

§ 33-a. Sanitary facilities aboard craft on Lake George, Skaneateles Lake and on Greenwood Lake, Orange county. It shall be unlawful for owner or operator or for a marina or other business to launch, moor, dock or operate any craft, or permit such launching, mooring or operating of any craft upon Lake George, upon Skaneateles Lake, and upon Greenwood Lake, Orange county, their tributaries or outlets, equipped with toilets, sinks, tubs, showers, or other equipment resulting in the drainage of waste water or other sanitary facilities which in any manner discharge into the waters of the lake, its tributaries or outlet. such toilets, sinks, tubs, showers, or other equipment resulting in the drainage of waste water, or other sanitary facilities, shall be removed or sealed or made to drain into a tank or reservoir which can be carried or pumped ashore for disposal according to the regulations of local boards of health or county and state health agencies. Failure to comply with the provisions of this section aboard craft on Lake George and on Greenwood Lake, Orange county shall be a misdemeanor punishable by a fine of not to exceed one hundred dollars, or by imprisonment of not more than one year, or by both such fine and imprisonment. Failure to comply with the provisions of this section aboard craft on Skaneateles Lake shall be a misdemeanor punishable by a fine not to exceed five hundred dollars, or by imprisonment of not more than one year, or by both such fine and imprisonment.

§ 2. This act shall take effect on the same day as a chapter of the laws of 1992, as proposed in legislative bill numbers S. 7431-A. 10284 amending the navigation law relating to sanitary conditions aboard craft on Skaneateles Lake.

CHAPTER 643

(See FISCAL NOTE at end of Chapter.)

AN ACT in relation to providing a retirement incentive for certain
public employees

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. As used in this act:

a. "Retirement system" shall mean the New York state and local employees retirement system, the New York state teachers' retirement system, the New York city teachers' retirement system, the New York city board of education retirement system or the New York city employees' retirement system, exclusive of the retirement plans established pursuant to sections 13-156 and 13-157 of the administrative code of the city of New York.

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

b. "Participating employer" shall mean an employer which participates in a retirement system; such term shall not include any employer which participated in, or was eligible to participate in, any retirement incentive offered by chapter 210, 447 or 935 of the laws of 1990.

c. "Eligible employee" shall shall mean a person who is: an employee of a participating employer which makes an election under section three of this act unless such employee is a local employee subject to a targeted retirement incentive in which case it shall mean an employee in an eligible title as limited by section two of this act and (ii) a member of a retirement system (other than a member as of May 1, 1992 of a retirement plan which permits immediate retirement with a benefit upon a specified period of service of 25 years or less without regard to age), but such term shall exclude the following persons:

(a) elected officials;

(b) chief administrative officers of participating employers which participate in a teachers' retirement system; and

(c) appointed members of agencies, boards or commissions any of whose members are appointed by the governor, who are receiving compensation for such service.

d. "Targeted retirement incentive" shall mean a retirement incentive plan elected pursuant to section three of this act in which the incentive is available only to those eligible employees in eligible titles as provided by subdivision e of this section and section two of this act.

e. "Eligible title" shall mean any title where a certain number of positions in that title, identified by agency, department or work location, as appropriate, are determined to be eligible by the chief executive officer or other comparable official of a participating employer because a failure to immediately fill such positions upon vacancy would not: directly result in a reduction of the level of service required or mandated to protect and care for clients of the participating employer or to assure public health and safety; endanger the health or safety of employees of such employer; clearly result in a loss of revenue to the participating employer or result in substantially increased overtime contractual costs; or unacceptably impair the operation of the participating employer or a program operated by the participating employer. f. "Active service" shall mean service while being paid on the payroll, provided that a leave of absence with pay or leave for active military duty shall be deemed active service.

or

g. "Open period" shall mean the period beginning with the commencement date and shall not be more than 90 days nor less than 30 days in length as specified by a participating employer pursuant to section three of this act, provided however, that such period shall not continue beyond December 31, 1991.

h. "Commencement date" means a date on or after the effective date of this act set by the participating employer as the first date the retirement incentive authorized by this act shall be made available.

the

§ 2. In no event shall the number of eligible employees in an eligible title in any agency, department or work location who are permitted to receive the retirement incentive provided by section five of this act exceed the number of positions in such title in that agency, department or work location that the chief executive officer or other comparable official has determined are to be eligible. Eligibility for inclusion in retirement incentive provided by this act shall be determined based upon seniority ranking. A list of the names and social security numbers of those members determined to be eligible for inclusion in the retirement incentive shall be sent to the appropriate retirement system before the of the open period. All eligible employees serving in eligible titles desiring to avail themselves of the retirement incentive provided by this act shall provide written notice to the chief executive officer or his or her designated authority at such agency, department or work location on or before the twenty-first day preceding the end of the open period. Failure to provide such written notice shall render the employee ineligible for the retirement incentive provided by this act.

§ 3. a. On or before the sixtieth day after the effective date of this act, a participating employer may elect to provide its employees, the retirement incentive authorized by this act by (i) the enactment of a local law, or (ii) in the case of a participating employer which is not so empowered to act by local law, by the adoption of a resolution of its governing body; provided however no local law or resolution enacted pursuant to this section shall in any manner supersede any local charter. The local law or resolution shall specify the commencement date of the program and the length of the open period. Within seven days of

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