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CHAPTER 686

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AN ACT to amend the education law, in relation to the excellence in

teaching apportionment
Became a law July 31, 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 b of subdivision 15 of section 1950 of the educa-
tion law, as amended by chapter 53 of the laws of 1992, is amended
read as follows:
b. Apportionment.

(1)

Such aid shall be computed as follows: the average excellence in teaching aid apportionment per teacher of the component school districts of the board of cooperative educational services shall be multiplied by one, and forty-four hundredths multiplied by the number of teachers in the board of cooperative educational services. For the purposes of this subdivision, teachers shall mean the number of full-time kindergarten through twelve classroom teachers in the base year in the school districts and the board of cooperative educational services as reported in the basic educational data system report for the base year. The average excellence in teaching aid apportionment

per teacher of the component school districts shall be determined by the commissioner by December first based upon school aid claim forms for the current year submitted to the commissioner by school districts by November first of each year. Notwithstanding section thirty-six hundred nine of this chapter, the aid pursuant to this subdivision shall be paid pursuant to regulations of the commissioner as approved by the director of the budget and shall not be included in any calculation made pursuant to such section thirty-six hundred nine. The commissioner shall adopt regulations to implement the provisions of this subdivision.

(2) The provisions of this subparagraph shall apply only if an agreement has been reached in accordance with the provisions of subparagraph three of this paragraph. Notwithstanding the provisions of subparagraph one of this paragraph, for aid payable in the nineteen hundred ninety-one-ninety-two and nineteen hundred ninety-two-ninety-three school years, unless otherwise provided by an existing collective bargaining agreement entered into pursuant to this subdivision, a board of cooperative educational services may, subject to the provisions of article 14 of the civil service law, utilize a portion of such funds for the payment of employee fringe benefits associated with teacher salary improvements funded herein. Such employee fringe benefits may include but shall not be limited to pension, social security health insurance premiums benefits,

any combination thereof. Nothing contained herein shall prohibit such board of cooperative educational services and the collective bargaining unit representing the pedagogical employees of such board of cooperative educational services from negotiating terms and conditions upon which such funds may also be used for retention of pedagogical positions.

(3) Any agreement entered into between a board of cooperative educational services and the collective bargaining unit representing its pedagogical employees or such employees directly if they are not represented by a certified or recognized employee organization, prior to the effective date of a chapter of the laws of nineteen hundred ninety-two which added this subparagraph, to use a portion of such funds in dance with the provisions of subparagraph two of this paragraph for the nineteen hundred ninety-one-ninety-two and/or nineteen hundred ninetytwo-ninety-three school years shall be honored provided, however, that no agreement shall be concluded pursuant to such subparagraph two subsequent to such effective date. § 2. Paragraph

a of subdivision 27 of section 3602 of the education follows: law, as amended by chapter 53 of the laws of 1992, is amended to read as

a,. (1) In addition to any other apportionment under this section, upon application a school district shall be eligible for excellence in teaching apportionment to improve teacher salaries. Any school district EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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employing first year, second year and third year teachers whose salaries in the current year are below the lesser of the basę year regional or statewide median teacher salary for such first, second

or

third year teachers with bachelors degrees, respectively shall set aside a portion of the aid under this subdivision to improve such salaries. Any remaining funds shall be used to improve salaries for teachers of the district in general in the current year. All funds made available to a school district pursuant to this subdivision shall be distributed among teachers including pre-kindergarten teachers and teachers of adult vocational and academic subjects in accordance with this subdivision and shall be in addition to salaries heretofore or hereafter negotiated or made available; provided however that all funds distributed pursuant to this subdivision for the current year shall be deemed to incorporate all funds distributed pursuant to this subdivision for prior years. In school districts where the teachers are represented by certified or recognized employee organizations, all salary increases funded pursuant to this subdivision shall be determined by separate collective negotiations conducted pursuant to the provisions and procedures of article fourteen of the civil service law, notwithstanding the existence of a negotiated agreement between a school district and a certified or recognized employee organization[; provided however]. (2) The provisions of

of this subparagraph shall apply only if an agreement has been reached in accordance with the provisions of subparagraph three of this paragraph. Notwithstanding the provisions of subparagraph one of this paragraph, for the 1991-92 and 1992-93 school years,

unless otherwise provided by an existing collective bargaining agreement entered into pursuant to this subdivision, a district with a population of less than 125,000 inhabitants may, subject to the provi: sions of article 14 of the civil service law, utilize a portion of such funds for the payment of

employee fringe benefits associated with teacher salary, improvements funded herein. Such employee fringe benefits may include but shall not be limited to pension, social security or health insurance premiums or benefits, or any combination thereof. Nothing contained herein shall prohibit such district and the collective bargaining unit representing the pedagogical employees of such district from negotiating terms and conditions upon which such funds may also be used for retention of pedagogical positions.

(3) Any agreement entered into between a school district and the col lective bargaining unit representing its pedagogical employees or

such employees, directly if they are not represented by a certified or recog nized employee organization, prior to the effective date of a chapter of the laws of nineteen hundred ninety-two which added this subparagraph, to use a portion of such funds in accordance with the provisions of subparagraph two of this paragraph for the nineteen hundred ninety; one-ninety-two and/or nineteen hundred ninety-two-ninety-three school years shall be

honored provided, however, that no agreement shall be concluded pursuant to such subparagraph two subsequent to such effective date.

၌ 3. This act shall take effect immediately; provided, however, that the amendments to paragraph (b) of subdivision 15 of section 1950 of the education law, made by section one of this act, shall not affect the expiration of such şubdivision pursuant to chapter 53 of the laws of 1986, as amended, and shall be deemed repealed and expire therewith.

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CHAPTER 687

AN ACT to authorize payment of transportation aid to the Chester Union

Free School District in the county of Orange notwithstanding the late
filing of certain transportation contracts
Became a law July 31, 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. Notwithstanding the provisions of section 3625 of the education law or any other law, rule or regulation to the contrary, the

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education department is authorized to apportion 1991-1992 transportation aid to the Chester Union Free School District for certain transportation contracts for the 1990-1991 school year as if said contracts had been duly transmitted to said department on a timely basis, which late filing was a result of administrative and clerical error.

§ 2. This act shall take effect immediately.

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AN ACT to amend the local finance law, in_relation to the private sale

of bonds by the city of Niagara Falls, Niagara county Became a law July 31, 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. Section 54. 70 of the local finance law, as amended by chapter 270 of the laws of 1991, is amended to read as follows:

§ 54. 70 Cost of sales; city of Niagara Falls, Niagara county. To facilitate the marketing of any issue of bonds of the city of Niagara Falls, Niagara county, issued on or before June thirtieth, nineteen hundred (ninety-two) ninety-three, such city may, notwithstanding any limitations

on private sales of bonds provided by law and subject to approval by the state comptroller of the terms and conditions of such sale:

arrange for the underwriting of its bonds at private sale through negotiated agreement, compensation for such underwriting to be provided by negotiated fee or by sale of such bonds to an underwriter at a price less than the sum of par value of, and the accrued interest on, such bonds; or

b. arrange for the private sale its bonds through negotiated agreement, compensation for such sale to be provided by negotiated fee, if required. The cost of any such underwriting or private placement shall be deemed a preliminary cost for purposes of section 11.00 of this chapter.

§ 2. Except provided herein, any obligations issued pursuant to this act shall be issued in accordance with the provisions of the local finance law. § 3. This act shall take effect immediately.

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AN ACT to amend the tax law, in relation to authorizing the imposition

of a hotel and motel tax in Suffolk county
Became a law July 31, 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. The tax law is amended by adding a new section 1202-0 to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [] is old law

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§ 1202-0. Hotel and motel taxes in Suffolk county. (1) Notwithstanding any other provisions of law to the contrary, the county of Suffolk is hereby authorized and empowered to adopt and amend local laws imposing in such county a tax, in addition to any other tax authorized and imposed

pursuant to this article, such as the legislature has or would have the power and aụthority to impose upon persons occupying hotel motel

in such county. For the purposes of this section, the term "hotel" or "motel" shall mean and include any facility providing lodging,

an overnight basis and shall include those facilities designated and commonly known as "bed and breakfast", inns, cabins, cottages, campgrounds, tourist homes and convention centers.

The rates of such tax shall not exceed three-fourths of one percent of the per diem rental rate for each room, provided, however, that such tax shall not be applicable to a permanent resident of such hotel or motel. For the purposes of this section the term "permanent resident" shall

a person occupying, any room or rooms in a hotel or motel for at least thirty consecutive days.

(2) Such tax may be collected and administered by the county, treasurer or other fiscal officers of Suffolk county by such

and in such manner

other taxes which are now collected and administered by such officers or as otherwise may be provided by such local law.

(3) Such local laws may provide that any tax imposed shall be paid by the person liable therefor to the owner of the hotel or motel room occupied or to the person entitled to be paid the rent or charge for the hotel or motel room occupied for and on account of the county of Suffolk imposing the tax and that such owner or person entitled to be paid the rent or charge shall be liable for the collection and payment of the tax; and that such

person entitled to be paid the rent or charge shall have the same right in respect to collecting the tax from the

person occupying the hotel or motel room, or in respect to nonpayment of the tax by the person occupying the hotel or motel room, if the tax

a, part of the rent, or charge, and payable at the same time as the rent or charge; provided, however, that the county treasurer

other fiscal officers of the county, specified in such local law, shall be joined as a party in any action or proceeding brought

to collect the tax by the owner or by the person entitled to be paid the rent or charge. (4) Such local

law

may provide for the filing of returns and the payment of the tax on a monthly basis or on the basis of

any longer period of time.

(5) Such local law shall provide for the county of Suffolk to enter into a contract with a tourism promotion agency to administer

programs designed to develop, encourage, solicit and promote convention business and tourism within the county. The promotion of convention business and tourism shall include any, service, function or activity, whether or not performed, sponsored or advertised by the tourism promotion agency with the intent to attract transient guests to the county.

(6) Such local law shall provide that all revenues resulting from the imposition of the tax payable hereunder shall be paid into the treasury of

the county of Suffolk and shall be distributed within thirty days of receipt by the county under the following formula: sixty-six and twothird's percent of all revenues collected shall be delivered to the tourism promotion agency which the county of Suffolk contracts with pursuant to the provisions of subdivision five of this section and thirty-three and one-third percent of all revenues shall be utilized by the county of Suffolk in support of cultural programs and activities relevant to the continuation and enhancement of the tourism industry in the following manner: (a) twenty-one percent of all revenues shall be used for the care, maintenance, and interpretation for the general public of the historic structures, sites, and unique natural areas that are managed by the Suffolk county, department of parks and recreation. All sites and activities so funded shall be opened to tourists on a regular and predictable basis; (b) twelve and one-third percent of all revenues

shall be used for ongoing operating or program support of non-profit museums and cultural organizations in Suffolk county, subject to the final approval of the Suffolk county legislature.

Schedules of availability of all historic and cultural activities and events funded from any part of these revenues shall be provided to the aforementioned tourism promotion agency which is contracted with by the county of Suffolk

to enhance

tourism promotion and tourist visitation.

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(7) Such local law shall provide for the imposition of a hotel or motel tax for a period of four years from the date of enactment.

(8) This section shall not authorize the imposition of such tax upon
any transaction, by or with any of the following in accordance with sec-
tion twelve hundred thirty of this chapter:

(a) The state of New York, or any public corporation (including a pub-
lic corporation created pursuant to agreement or compact with another
state or the dominion of Canada), improvement district or other politi-
cal subdivision of the state;

(b) The United States of America, insofar as it is immune from taxa-
tion;

(c) Any corporation or association, or trust, or community chest, fund
or foundation organized and operated' exclusively for religious, charita-
ble educational purposes, or for the prevention of cruelty to chil-
dren or animals, and no part of the net earnings of which inures to the
benefit of any private shareholder or individual and no substantial part
of the activities of which is carrying on propaganda, or otherwise
tempting to influence legislation, provided, however, that nothing in
this paragraph shall include an organization operated for the

primary purpose of

carrying on a trade or business for profit, whether or not all of its profits are payable to one or more organizations described in this paragraph.

(9) Any final determination of the amount of any tax payable hereunder shall be reviewable for error, illegality or unconstitutionality or any other

whatsoever by a proceeding under article seventy-eight of the civil practice, law and rules if application therefor is made to the supreme court within thirty days after the giving of the notice of such final determination, provided, however, that any such proceeding under article seventy-eight of the civil practice law and rules shall not be instituted unless:

(a) The amount of any tax sought to be reviewed, with such interest and penalties thereon as may be provided for by local law shall be first deposited, and there is filed an undertaking, issued by a surety company authorized to transact business in this state and approved by the superintendent of insurance of this state as to solvency and responsibility, in such amount as a justice of the supreme court shall approve to the effect that if such proceeding be dismissed or the tax confirmed the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding;, or

(b) At the option of the petitioner such undertaking may be in a sum sufficient to cover the taxes, interest and penalties stated

in

such
determination plus the costs and charges which may accrue against it in
the prosecution of the proceeding, in which event the petitioner shall
not be required to pay such taxes, interest or penalties as a condition
precedent to the application,

(10) Where any tax imposed hereunder shall have been erroneously, il-
legally or unconstitutionally collected and application for the refund
thereof duly made to the proper fiscal officer or officers, and such of -
ficer or officers shall have made a determination denying such refund,
such determination shall be reviewable by a proceeding under article
seventy-eight of the civil practice law and rules, provided,

however,
that such proceeding is instituted within thirty days after the giving
of the notice of such denial, that a final determination of tax due was
not previously made,

and that an undertaking is filed with the proper
fiscal officer or officers in such amount and with such sureties
justice of the supreme court shall approve to the effect that if such
proceeding be dismissed or the tax confirmed, the petitioner will

рау
all costs
and charges which may

in the prosecution of such
proceeding.

(11) Except in the case of wilfully false or fraudulent return with intent to evade the tax, no assessment of additional tax shall be made after the expiration of more than three years from the date of the filing of a return, provided, however, that where no return has been

filed
as provided by law the tax may be assessed at any time.

(12) If any provision of this section or the application thereof to
any person or circumstance shall be held invalid, the remainder of this
section and the application of such provision to other persons or cir-
cumstances shall not be affected thereby.

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

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