every 1. Notwithstanding the provisions of subdivision eight of section twelve hundred sixty-six and subdivision seven of section twelve hundred ninety-nine-f of the public authorities law or of subdivision seventeen of section one hundred forty-two of this chapter, every transportation authority[, any city, county or municipality operating a public transportation system, or any other public transportation system] and other public transportation operator or carrier receiving mass transportation operating assistance pursuant to section eighteen-b of this chapter either directly from the department of transportation or through a county or municipality pursuant to said section, shall prepare and publicize a plan for transportation safety, including but not limited to equipment maintenance procedures, personnel safety training programs, accident reporting systems, passenger safety practices and the persons responsible for the implementation of such practices and programs. Every authority, subsidiary thereof, city, county or municipality filing] and every other public transportation operator or carrier required herein to file such a plan shall review such plan biennially and amend such plan if amendments are necessary. § 2. Subdivision one of section two hundred sixteen of such law, as amended by chapter four hundred thirty-one of the laws of nineteen hundred eighty-three, is amended to read as follows: 1. There is hereby created in the department [of transportation] a board, to be known as the state public transportation safety board. Such board shall be responsible for the investigation of accidents involving public [transit] transportation in the state, including commuter rail, subway bus line vehicles and facilities and subways, rapid transit and buses. The board shall also be responsible for the presentation of recommendations to all public transportation operators and carriers to prevent [their] the occurrence of future accidents. Such board shall consist of the commissioner [of transportation] and six other members, no more than three of whom shall belong to the same political party. Two of the members of the board shall be selected by the governor from a list submitted by the temporary president of the senate and two from a list submitted by the speaker of the assembly. The remaining two members shall be selected by the governor. One from each category of selected members shall have competence and experience in connection with the operation, design or management of public transportation facilities and systems. Three of the members, other than the commissioner, shall be from the metropolitan transportation authority region and three members shall be from areas of the state outside such region. All appointees to the board other than the commissioner [of transportation] shall be upon the advice and consent of the senate. The metropolitan transportation authority inspector general shall be an ex officio member of the board but shall have no vote on matters arising outside of the operations of the metropolitan transportation authority. Provided, however, that with the exception of the commissioner, no elected or appointed public officer or transportation authority member shall be eligible for membership on such board. The governor shall select a chairman from the members but the chairman shall be someone other than the metropolitan transportation authority inspector general. § 3. Subdivision five of section two hundred seventeen of such law, as added by chapter four hundred twenty-eight of the laws of nineteen hundred eighty-three, is amended to read as follows: 5. To hold hearings, issue reports, administer oaths or affirmations, examine any person under oath or affirmation and to issue subpoenas requiring the attendance and giving of testimony of witnesses and require the production of any books, papers, documentary or other evidence. The powers provided in this subdivision may be delegated by the board to any member of the board or department employee [thereof] assigned to the board. A subpoena issued under this subdivision shall be regulated by the civil practice law and rules; 4. Subdivision seven of section two hundred seventeen of such law is renumbered subdivision eight and a new subdivision seven is added to read as follows: 7. To enter upon any property where a public transportation accident has occurred, or where a vehicle, appurtenance or other item involved in any such accident is located, to fulfill the requirements of article nine-b of this chapter. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law § 5. Section two hundred eighteen of such law, as added by chapter four hundred twenty-eight of the laws of nineteen hundred eighty-three, is amended to read as follows: § 218. Periodic review of safety plans and standards. The board may review and recommend to [the operator of] the public transportation [facility, whether publicly or privately owned,] operators and carriers changes in safety standards [and], public transportation operating practices and safety plans, modifications, when such changes shall be identified in the course of an investigation of public transportation vehicle accidents]. [The operator of the public] Public transportation [facility of transportation] operators and carriers shall review such recommendations [within ninety days of receiving same and respond with his conclusions to the board as to whether the recommendations will be adopted or the reasons why such recommendations are not being adopted] and inform the board, within ninety days, whether or not the recommendations have been adopted. If the recommendations have not been adopted, the operator or carriers shall set forth in detail the reason or reasons for not adopting the recommendations. § 6. This act shall take effect immediately, provided, however, that the amendments made by this act shall be deemed not to affect the expiration dates of any sections of the transportation law which are amended by this act. CHAPTER 85 AN ACT to amend the tax law, in relation to hotel or motel taxes in Became a law May 14, 1985, 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. The tax law is amended by adding a new section twelve hundred two-e to read as follows: § 1202-e. Hotel or motel taxes in Schenectady county. (1) Notwithstanding any other provisions of law to the contrary, the county of Schenectady 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 authority to impose upon persons оссиpying hotel or motel rooms in such county. The rates of such tax shall be three percent of the per diem rental rate for each room provided, however, 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 mean a person occupying any room or rooms in a hotel or motel for at least ninety consecutive days. (2) Such tax may be collected and administered by the county commissioner of finance or other fiscal officers of Schenectady county by such means and in such manner as 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 Schenectady 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 owner or 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, as if the tax were a part of the rent or charge and payable at the same time as the rent or charge; provided, however, that the county commissioner of finance or other fiscal officers of the county, specified in such local law, shall be joined as a party in any action or ing brought to collect the tax by the owner or by the person entitled to be paid the rent or charge. proceed (4) Such local laws may provide for the filing of returns and the payment of the tax on a monthly basis or on the basis of any longer or shorter period of time. (5) This section shall not authorize the imposition of such tax upon any of the following: a. The state of New York, or any public corporation (including a public corporation created pursuant to agreement or compact with another state or the dominion of Canada), improvement district or other political subdivision of the state; b. tion; The United States of America, insofar as it is immune from taxaC. Any corporation or association, or trust, or community chest, fund or foundation organized and operated exclusively for religious, charitable or educational purposes, or for the prevention of cruelty to children 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 attempting to influence legislation; provided, however, that nothing in this paragraph shall include au 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. (6) or to Any final determination of the amount of any tax payable hereunder shall be reviewable for error, illegality or unconstitutionality any other reason whatsoever by a proceeding under article seventy-eight of the civil practice law and rules if application therefor is made 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 or regulation 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, interests 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. (7) Where any tax imposed hereunder shall have been erroneously, illegally or unconstitutionally collected and application for the refund thereof duly made to the proper fiscal officer or officers, and such officer 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 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. (8) Except in the case of a 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. (9) Revenues resulting from the imposition of tax authorized by this section shall be paid into the treasury of the county of Schenectady and shall be credited to and deposited in the general fund of the county; the net collections therefrom shall thereafter be allocated by the board of representatives of Schenectady county only for the promotion and EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law Schenec development of the performing and visual arts in the county of tady, as the cornerstone of the visitor and tourism industry in Schenectady county. this (10) If any provision of this section or the application thereof to any person or circumstance shall be held invalid, the remainder of section and the application of such provision to other persons or circumstances shall not be affected thereby. § 2. This act shall take effect immediately. CHAPTER 86 AN ACT to amend the executive law, in relation to issuance of subpoenas by the attorney general Became a law May 14, 1985, 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. The second undesignated paragraph of subdivision twelve of section sixty-three of the executive law, as amended by chapter four hundred seventy-six of the laws of nineteen hundred eighty-one, is amended to read as follows: In connection with any such [proposed] application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules. Such authorization shall not abate or terminate by reason of any action or proceeding brought by the attorney general under this section. § 2. This act shall take effect immediately. CHAPTER 87 AN ACT authorizing the county of Erie to pledge sales and compensating use tax proceeds to bonds of said county, authorizing the underwriting of county. bonds and certain notes, and providing for other matters relating thereto Became a law May 14, 1985, 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. (a) As additional security for any issue of general obligation serial bonds of the county of Erie, the county legislature of such county is hereby authorized to irrevocably pledge to the payment of the principal of and interest on such bonds the county's share of the proceeds to be received by such county from taxes authorized by section twelve hundred ten of the tax law, excluding the additional one percent of taxes authorized by chapter nine hundred eighty-five of the laws of nineteen hundred eighty-four, or any successor law thereto, or such portion thereof determined by said county legislature at the time of issuance of said bonds to be necessary to so additionally bonds, subject to the following limitations and conditions: (i) Any such pledge shall become effective on the date of issue of any bonds the payment of which is secured by such pledge. secure such (ii) Any such pledge may be made subject to such terms and conditions, not inconsistent with this act, as may be determined necessary or appropriate by such county legislature, subject, however, to any prior rights to holders of outstanding bonds secured by a pledge made pursuant to either chapter nine hundred eighty-four of the laws of nineteen hundred eighty-four or to this section. (iii) Any such pledge shall not be authorized by such county legislature unless such legislature shall have determined that such pledge is necessary in the public interest. (b) Any pledge made pursuant to this section shall be valid and binding from the time when such pledge takes effect and the moneys so pledged and thereafter received by the county shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the county irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which such a pledge is created need be filed or recorded. (c) The state does hereby pledge and agree with the holders of such issue of bonds secured by such a pledge that the state will not limit or alter the rights hereby vested in the county to fulfill the terms of any agreements made with said holders pursuant to this act, or in any way impair the rights and remedies of such holders or the security for said bonds, until such bonds, together with the interest thereon, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders are fully paid and discharged. The county is authorized to include this pledge and agreement of the state in any agreement with the holders of such bonds. § 2. To facilitate the marketing of any issue of serial bonds of the county of Erie sold on or before December thirty-first, nineteen hundred eighty-five, such county may, notwithstanding any limitations provided by law, and subject to approval by the state comptroller of the terms and conditions of such sales, arrange for the underwriting of its bonds and/or bond anticipation, capital, tax anticipation, revenue anticipation or budget notes at private sale through negotiated agreement, compensation for such underwriting to be provided by negotiated fee or by sale of such bonds or notes to an underwriter at a price of less than the sum of par value of, and the accrued interest on, such obligation. The cost of such underwriting or private placement shall be deemed a preliminary cost for purposes of section 11.00 of the local finance law. § 3. This act shall take effect immediately. CHAPTER 88 AN ACT to amend the vehicle and traffic law, in relation to restitution by dealers Became a law May 14, 1985, 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. Subdivision nine-c of section four hundred fifteen of the vehicle and traffic law, as amended by chapter fifty-five of the laws of nineteen hundred eighty-four, is amended to read as follows: of 9-c. The commissioner, or any person deputized by him, in addition to or in lieu of revoking or suspending the certificate of registration a registrant in accordance with the provisions of this article, may in any one proceeding by order require the registrant to pay to the people of this state a penalty in a sum not exceeding one thousand dollars for each violation, except that if a finding of financial loss has been made pursuant to subdivision nine-e of this section, the amount of such penalty may be increased by the amount of financial loss so found, and upon the failure of such registrant to pay such penalty within twenty days after the mailing of such order postage prepaid, registered or certified, and addressed to the last known place of business of such EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |