the state comptroller for deposit in the urban mass transit operating assistance account of the mass transportation operating assistance fund of any amount of insufficiency certified by the state comptroller pursuant to the provisions of subdivision six of section eighty-eight-a of the state finance law, and on the fifteenth day of each month, such commissioner shall transmit all funds in such account at the end of the preceding month, except the amount required for the payment of any amount of insufficiency certified by the state comptroller and such amount as he deems necessary for refunds and such other amounts necessary to finance the New York city transportation disabled committee and the New York city paratransit system as established by section fifteen-b of the transportation law, provided, however, that such amounts shall not exceed six percent of the total funds in the account but in no event be less than two hundred twenty-five thousand dollars [during the operational period of such system] beginning April first, nineteen hundred eighty-six, and further that beginning November fifteenth, nineteen hundred eighty-four and during the entire period prior to operation of such system, the total of such amounts shall not exceed [one hundred] three hundred seventy-five thousand dollars for the administrative expenses of such committee and fifty thousand dollars for the expenses of the agency designated pursuant to paragraph b of subdivision five of such section, and other amounts necessary to finance the operating needs of the private bus companies franchised by the city of New York and eligible to receive state operating assistance under section eighteen-b of the transportation law, provided, however, that such amounts shall not exceed four percent of the total funds in the account, to the New York city transit authority for mass transit within the city. 9. Section II46-4.0 of such code, as amended by chapter nine hundred ninety-nine of the laws of nineteen hundred eighty-four, is amended to read as follows: § II46-4.0 Payment. -The tax imposed hereunder shall be paid by the grantor to the commissioner of finance at the office of the register in the county where the deed is or would be recorded within thirty days after the delivery of the deed by the grantor to the grantee but before the recording of such deed. The grantee shall also be liable for the payment of such tax in the event that the amount of tax due is not paid by the grantor or the grantor is exempt from tax. All moneys received as such payments by the register during the preceding month shall be transmitted to the commissioner of finance on the first day of each month or on such other day as is mutually agreeable to the commissioner of finance and the register. From the moneys so received by him, the commissioner of finance shall set aside in a special account: (1) the total amount of taxes imposed pursuant to the provisions of paragraph (3) of section II46-2.0 of this title, including any interest or penalties thereon; (2) fifty percent of the total amount of taxes imposed pursuant to the provisions of paragraph (4) of section 1146-2.0 of this title, including fifty percent of any interest or penalties thereon, provided, however, that where such tax is measured by the consideration for a conveyance without deduction for the amount of any mortgage or other lien or encumbrance on the real property or interest therein which existed before the delivery of the deed and remains thereon after the delivery of the deed, the entire amount of tax imposed at the rate of one percent on the portion of the consideration ascribable to such nondeductible mortgage, lien or other encumbrance, including any interest or penalties thereon, and fifty percent of the tax on the balance of the consideration, including fifty percent of any interest or penalties thereon, shall be set aside in such special account; (3) fifty percent of the total amount of taxes imposed pursuant to the provisions of subparagraph (iii) of paragraph (7) of section II46-2.0 of this title, including fifty percent of any interest or penalties thereon; and (4) fifty percent of the total amount of taxes imposed pursuant to the provisions of paragraph (8) of section II46-2.0 of this title, including fifty percent of any interest or penalties thereon. Moneys in such account shall be used for payment by such commissioner to the state comptroller for deposit in the urban mass transit operating assistance account of the mass transportation operating assistance fund of any amount of insufficiency certified by the state Comptroller purEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law suant to the provisions of subdivision six of section eighty-eight-a of the state finance law, and, on the fifteenth day of each month, the commissioner of finance shall transmit all funds in such account on the last day of the preceding month, except the amount required for the payment of any amount of insufficiency certified by the state comptroller and such amount as he deems necessary for refunds and such other amounts necessary to finance the New York city transportation disabled committee and the New York city paratransit system as established by section fifteen-b of the transportation law, provided, however, that such amounts shall not exceed six percent of the total funds in the account but in no event be less than one hundred seventy-five thousand dollars [during the operational period of such system] beginning April first, nineteen hundred eighty-six, and further that beginning November fifteenth, nineteen hundred eighty-four and during the entire period prior to operation of such system, the total of such amounts shall not exceed [one hundred] three hundred seventy-five thousand dollars for the administrative expenses of such committee and fifty thousand dollars for the expenses of the agency designated pursuant to paragraph b of subdivision five of such section, and other amounts necessary to finance the operating needs of the private bus companies franchised by the city of New York and eligible to receive state operating assistance under section eighteen-b of the transportation law, provided, however, that such amounts shall not exceed four percent of the total funds in the account, to the New York city transit authority for mass transit within the city. § 10. Any amounts expended from amounts available to finance the New York city transportation disabled committee and the New York city paratransit system pursuant to subdivision one of section two hundred fiftythree-a of the tax law, as amended by chapter nine hundred ninety-nine of the laws of nineteen hundred eighty-four and section six of this act, paragraph (i) of subdivision (b) of section twelve hundred one of such law, as amended by chapter nine hundred ninety-nine of the laws of nineteen hundred eighty-four and section seven of this act, section W46-2.0 of the administrative code of the city of New York, as amended by chapter nine hundred ninety-nine of the laws of nineteen hundred eighty-four and section eight of this act, and section 1146-4.0 of such code, as amended by chapter nine hundred ninety-nine of the laws of nineteen hundred eighty-four and section nine of this act, after April first, nineteen hundred eighty-six and prior to the operational period of such system, other than for the administrative expenses of the paratransit transportation committee or for the agency referred to therein, shall not exceed two million dollars and shall be limited to nonrecurring capital expenditures for items such as computer hardware and software, vehicles, and any other capital items necessary to the provision of paratransit transportation in accordance with the implementation plan completed pursuant to paragraph (a) of subdivision five of section fifteen-b of the transportation law. § 11. This act shall take effect immediately. SPECIAL NOTE. -Notwithstanding that Chapter 385 of the Laws of 1985 amends sections W46-2.0 and II46-4.0 of the former Administrative Code of the City of New York, it is the determination of the Legislative Bill Drafting Commission, pursuant to the provisions of bill section 14 of Chapter 907 of the Laws of 1985 to juxtapose such sections, as sections 11-2602 and 11-2104, respectively, to the Unconsolidated Law entitled "The Administrative Code of the City of New York", as enacted by such Chapter 907 of the Laws of 1985. CHAPTER 386 AN ACT to amend the correction law, in relation to the issuance of certificates of good conduct Became a law July 19, 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 one of section seven hundred three-b of the correction law, as added by chapter nine hundred thirty-one of the laws of nineteen hundred seventy-six, is amended to read as follows: 1. The state board of parole, or any three members thereof by unanimous vote, shall have the power to issue a certificate of good conduct to any person previously convicted of a crime in this state [or in any other jurisdiction], when the board is satisfied that: (a) The applicant has conducted himself in a manner warranting such issuance for a minimum period in accordance with the provisions of subdivision [two] three of this section; (b) The relief to be granted by the certificate is consistent with the rehabilitation of the applicant; and (c) The relief to be granted is consistent with the public interest. § 2. Subdivisions two, three and four of section seven hundred three-b of such law are renumbered subdivisions three, four and five and a subdivision two is added to read as follows: new 2. The state board of parole, or any three members thereof by unanimous vote, shall have the power to issue a certificate of good conduct to any person previously convicted of a crime in any other jurisdiction, when the board is satisfied that: an (a) The applicant has demonstrated that there exist specific facts and circumstances, and specific sections of New York state law that have adverse impact on the applicant and warrant the application for relief to be made in New York; and (b) The provisions of paragraphs (a), (b) and (c) of subdivision one of this section have been met. § 3. Subdivision three of section seven hundred three-b of such law, as added by chapter nine hundred thirty-one of the laws of nineteen hundred seventy-six and renumbered by section two of this act, is amended to read as follows: 3. The minimum period of good conduct by the individual referred to in paragraph (a) of subdivision one of this section, shall be as follows: where the most serious crime of which the individual was convicted is a misdemeanor, the minimum period of good conduct shall be one year; where the most serious crime of which the individual was convicted is a class C, D or E felony, the minimum period of good conduct shall be three years; and, where the most serious crime of which the individual was convicted is a class B or A felony, the minimum period of good conduct shall be five years. Criminal acts committed outside the state shall be classified as acts committed within the state based on the maximum sentence that could have been imposed based upon such conviction pursuant to the laws of such foreign jurisdiction. Such minimum period of good conduct by the individual shall be measured either from the date of the payment of any fine imposed upon him or the suspension of sentence, or from the date of his unrevoked release from custody by parole, commutation or termination of his sentence. The board shall have power and it shall be its duty to investigate all persons when such application is made and to grant or deny the same within a reasonable time after the making of the application. § 4. This act shall take effect immediately. CHAPTER 387 AN ACT to amend the tax law, in relation to inapplicability of certain procedures for the enforcement of money judgments to refunds or credits under any tax administered by the tax commission pursuant to the tax law or article two-E of the general city law Became a law July 19, 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 seven to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [] is old law § 7. Inapplicability of certain money judgment enforcement procedures.-Notwithstanding any provision in article fifty-two of the civil practice law and rules or any other provision of law to the contrary, the procedures in such article for the enforcement of money judgments shall not apply to the tax commission, any officer or employee of the department of taxation and finance, or the comptroller or any officer or employee of the department of audit and control, as a garnishee, with respect to any amount of money to be refunded or credited to a taxpayer pursuant to any tax administered by the tax commission, which is imposed by this chapter or by a law enacted pursuant to the authority of this chapter or article two-E of the general city law. § 2. Subsection (h) of section six hundred eighty-six of such law, as added by chapter five hundred eight of the laws of nineteen hundred seventy-three, is amended to read as follows: (h) [Notwithstanding any provision of law in article fifty-two of the civil practice law and rules to the contrary, the procedures for the enforcement of money judgments shall not apply to the tax commission, any officer or employee of the department of taxation and finance, or the comptroller, or any officer or employee of the department of audit and control, as a garnishee, with respect to any amount of money to be refunded or credited to a taxpayer under this article] Cross reference. For provision barring application of article fifty-two of the civil practice law and rules to any amount to be refunded or credited to a taxpayer, see section seven of this chapter. § 3. This act shall take effect immediately. CHAPTER 388 AN ACT to amend the general obligations law, in relation to certain business or commercial loans or forbearances Became a law July 19, 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 one of section 5-526 of the general obligations law, as added by chapter eight hundred forty-four of the laws of nineteen hundred eighty-four, is amended to read as follows: 1. Interest charged on [secured] loans or forbearances made to corporations for business or commercial purposes in the amount of one hundred thousand dollars or more and secured in compliance with the uniform commercial code shall not be subject to the limitations of this title or sections 190.40 and 190.42 of the penal law, if on the date when the interest is charged or accrued, such interest is not greater than eight percentage points above the prime rate. § 2. This act shall take effect immediately. CHAPTER 389 AN ACT to authorize the city of New York to reconvey certain real property in the county of Richmond to Richard and Pearl Murray without public auction Became a law July 19, 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. In nineteen hundred seventy-eight the city of New York_acquired title to premises designated as lot no. 29 in tax block 3741, based on non-payment of taxes, without the actual knowledge of Richard § 2. Notwithstanding any other provision of general, special or local (a) Notify the city within sixty days after the effective date of this act of their election to obtain the benefits for which they are eligible pursuant to this act. (b) Pay all taxes due and owing on the property to be conveyed, without penalty, up to the time such property was acquired by the city in nineteen hundred seventy-eight. (c) Pay all costs, without penalty, actually incurred by the city in acquiring and reconveying such property. (d) Execute and deliver to the city a general release, in form satisfactory to the city, discharging the city from all manner of actions, claims and damages arising from the acquisition and reconveyance by the city of such property. § 4. This act shall take effect immediately. CHAPTER 390 AN ACT to amend the agriculture and markets law, in relation to The Became a law July 19, 1985, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Legislative findings and declaration of purpose. It is hereby found and declared that integrated pest management is an effective and ecological method of agricultural pest control. Pilot projects in integrated pest management conducted by the New York State College of Agriculture and Life Sciences at Cornell University have shown integrated pest management to (1) minimize losses caused by the pests, (2) optimize the use of cultural management techniques, (3) optimize the use of natural enemies of the pests, (4) optimize the use of pesticides, (5) minimize the development of pesticide resistance, (6) minimize pesticide residues in crops, meat and milk and in the environment, and (7) minimize and/or make more efficient use of producers' pest management costs. § 2. Section sixteen of the agriculture and markets law is amended by adding a new subdivision thirty-nine to read as follows: 39. Establish a program in the state for the planning, design and implementation of integrated pest management. Under such a program the department may contract with Cornell university or the New York state college of agriculture and life sciences at Cornell university, and shall encourage such contractor to seek federal and private sources of funds for such program. The department shall submit an annual report of EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |