ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such death, by operation of a snowmobile in violation of paragraph (b), (c) or (d) of subdivision one of section 25.24 of the parks, recreation and historic preservation law or by operation of an all terrain vehicle in violation of section 25.24 of the parks, recreation and historic preservation law. Vehicular manslaughter in the second degree is a class D felony. § 48. The state finance law is amended by adding a new section 97-nn to read as follows: § 97-nn. "I love NY waterways" boating safety fund. 1. There is hereby established in the joint custody of the commissioner of parks, recreation and historic preservation and the state comptroller a special fund to be known as the "I love NY waterways" boating safety fund. The moneys in such fund shall be available for payment to counties for expenditures incurred in connection with such county's waterway boating safety program pursuant to section seventy-nine-b of the navigation law, including costs and expenses incidental and appurtenant thereto, 2. The "I love NY waterways" boating safety fund shall consist of the revenues required to be deposited therein pursuant to the provisions of section two hundred one of the navigation law, and all other moneys credited or transferred thereto from any other fund or source pursuant to law. 3. The moneys in such fund shall be appropriated by the legislature and paid out pursuant to section seventy-nine-b of the navigation law. No moneys in the "I love NY waterways" boating safety fund shall be paid except upon the audit and warrant of the state comptroller on vouchers certified by the commissioner of parks, recreation and historic preservation. § 49. Subdivision 5 of section 710.20 of the criminal procedure law, as amended by chapter 47 of the laws of 1988, is amended to read follows: as 5. Consists of a chemical test of the defendant's blood administered in violation of the provisions of subdivision three of section eleven hundred ninety-four of the vehicle and traffic law, subdivision eight of section forty-nine-a of the navigation law or any other applicable law; or § 50. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 806 (See FISCAL NOTE at end of Chapter.) AN ACT to amend the administrative code of the city of New York, in relation to the payment of variable supplemental benefits Became a law August 7, 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 13-385 of the administrative code of the city of New York is amended by adding a new subdivision f to read as follows: f. For the purposes of paragraphs eleven and twelve of subdivision a of this section, the date of entry into the police pension fund, subchapter two shall be substituted for the date of entry into the fire department pension fund, subchapter two in the event that a pension fund beneficiary has transferred service credit from such police pension fund pursuant to the provisions of section 15-111 of this code. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect since July 1, 1988. FISCAL NOTE.-There is no fiscal impact to the City or the State as a result of this bill. This bill would make a technical correction to alEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law low New York City Firefighters to get credit in the variable supplements fund for time spent as a New York City Police Officer. Since the City assumes this to be the case anyway, there is no additional cost resulting from this bill. This fiscal note was prepared by Michael Karlin of the Segal Co. and is intended for use during the 1991-1992 Legislative Session. CHAPTER 807 AN ACT to amend the state finance law, in relation to purchases from corporations conducting business in Northern Ireland Became a law August 7, 1992, 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 state finance law is amended by adding a new section 174-b to read as follows: § 174-b. Nondiscrimination in employment in Northern Ireland. 1. For the purposes of this section "MacBride Fair Employment Principles" shall mean those principles relating to nondiscrimination in employment and freedom of workplace opportunity which would require employers doing business in Northern Ireland to: a. increase the representation of individuals from underrepresented religious groups in the work force, including managerial, supervisory, administrative, clerical and technical jobs; b. take steps to promote adequate security for the protection of employees from underrepresented religious groups both at the workplace and while traveling to and from work; c. ban provocative religious or political emblems from the workplace; d. publicly advertise all job openings and make special recruitment efforts to attract applicants from underrepresented religious groups; e. establish layoff, recall and termination procedures which do not in practice favor a particular religious group; f. abolish all job reservations, apprenticeship restrictions and differential employment criteria which discriminate on the basis of religion; 8. develop training programs that will prepare substantial numbers of current employees from underrepresented religious groups for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade and improve the skills of workers from underrepresented religious groups; h. establish procedures to assess, identify and actively recruit employees from underrepresented religious groups with potential for further advancement; and i. appoint a senior management staff member to oversee affirmative action efforts and develop a timetable to ensure their full implementation. 2. a. With respect to contracts described in paragraphs b and c of this subdivision, and in accordance with such paragraphs, the commissioner of general services, a state department, authority or institution or other agency of a department shall not contract for the supply of goods, services or construction with any contractor who does not agree to stipulate to the following, if there is another contractor who will contract to supply goods, services or construction of comparable quality at a comparable price: the contractor and any individual or legal entity in which the contractor holds a ten percent or greater ownership interest and any individual or legal entity that holds a ten percent or greater ownership interest in the contractor either (i) have no business operations in Northern Ireland, or (ii) shall take lawful steps in good faith to conduct any business operations they have in Northern Ireland in accordance with MacBride Fair Employment Principles, and shall permit independent monitoring of their compliance with such principles. b. In the case of contracts let by competitive sealed bidding, whenever the lowest responsible bidder has not agreed to stipulate to the conditions set forth in this section and another bidder who has agreed to stipulate to such conditions has submitted a bid within five percent of the lowest responsible bid for a contract to supply goods, services or construction of comparable quality, the contracting entity shall refer such bids to the commissioner of general services, who may determine, in accordance with applicable law and rules, that it is in the best interest of the state that the contract be awarded to other than the lowest responsible bidder. c. In the case of contracts let by other than competitive sealed bidding for goods or services involving an expenditure of an amount greater than ten thousand dollars, or for construction involving an amount greater than fifteen thousand dollars, the contracting entity shall not award to a proposed contractor who has not agreed to stipulate to the conditions set forth in this section unless the entity seeking to use the goods, services or construction determines that the goods, services or construction are necessary for the entity to perform its functions and there is no other responsible contractor who will supply goods, services or construction of comparable quality at a comparable price. Such determination shall be made in writing and shall be public documents. 3. Upon receiving information that a contractor who has made the stipulation required by this section is in violation thereof, the contracting entity shall review such information and offer the contractor an opportunity to respond. If the contracting entity finds that a violation has occurred, it shall take such action as may be appropriate and provided for by law, rule or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the contractor in default and/or seeking debarment or suspension of contractor. the 4. As used in this section, the term "contract" shall not include contracts with governmental and non-profit organizations, contracts awarded pursuant to emergency procurement procedures or contracts, resolutions, indentures, declarations of trust or other instruments authorizing or relating to the authorization, issuance, award, sale or purchase of bonds, certificates of indebtedness, notes or other fiscal obligations, provided that the policies of this section shall be considered when selecting a contractor to provide financial or legal advice, and when selecting managing underwriters in connection with such activities. 5. The provisions of this section shall not apply to contracts for which the state or other contracting entity receives funds administered by the United States department of transportation, except to the extent Congress has directed that the department of transportation not withhold funds from states and localities that choose to implement selective purchasing policies based on agreement to comply with the MacBride Fair Employment Principles, or to the extent that such funds are not otherwise withheld by the department of transportation. § 2. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law and shall apply to contracts entered into on or after such effective date. CHAPTER 808 AN ACT to amend the civil practice law and rules, the racing, parimutuel wagering and breeding law, the tax law, chapter 235 of the laws of 1952, chapter 1032 of the laws of 1960, chapter 949 of the laws of 1962, chapter 257 of the laws of 1963 and chapter 161 of the laws of 1970, such chapters relating to the imposition of taxes in the city of New York, and the New York City charter and administrative code of the city of New York, in relation to certain proceedings before, and appeals from decisions of, the tax appeals tribunal of the city of New York and authorizing the commissioner of finance of such city to adopt an informal conciliation procedure Became a law August 7, 1992, 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 (b) of section 506 of the civil practice law and rules is amended by adding a new paragraph 4 to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law 4. a proceeding against the New York city tax appeals tribunal established by section one hundred sixty-eight of the New York city charter shall be commenced in the appellate division of the supreme court, first department. § 2. Subdivisions 1 and 2 of section 809 of the racing, pari-mutuel wagering and breeding law are amended to read as follows: 1. Any final determination of the amount of any tax payable hereunder shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by a proceeding under article seventy-eight of the civil practice law and rules if the proceeding is commenced within [ninety days] four months after the giving of the notice of such final determination, provided, however, that any such proceeding shall not be instituted by a person liable for the tax unless the amount of any tax sought to be reviewed, with such interest and penalties thereon as may be provided for by local law, shall first be deposited and an undertaking filed, 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] such person will pay all costs and charges which may accrue in the prosecution of such proceeding. 2. Where any tax imposed hereunder shall have been erroneously, illegally or unconstitutionally collected and application for the refund thereof duly made to the proper officer or officers, and such officer or officers or, in the case of a city of one million or more which has established a tax appeals tribunal, such tax appeals tribunal, 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 if the proceeding is commenced within [ninety days] four months after the giving of the notice of such denial, provided that a final determination of tax due was not previously made, and that an undertaking is filed with the proper 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] person liable for the tax will pay all costs and charges which may accrue in the prosecution of such proceeding. 3. This section intentionally omitted. § 4. Section 1243 of the tax law, as added by chapter 93 of the laws of 1965, is amended to read as follows: a § 1243. Judicial review. (a) Any final determination of the amount of any tax payable under sections twelve hundred one through twelve hundred four shall be reviewable for error, illegality or unconstitutionality or any other reason 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 four months 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 by a taxpayer unless (1) the amount of any tax sought to be reviewed, with such interest and penalties thereon as may be provided for by local law, ordinance, resolution or regulation, shall be first deposited and there is filed an undertaking, issued by 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] taxpayer will pay all costs and charges which may accrue in the_prosecution of such proceeding or (2) at the option of the [petitioner] taxpayer, 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] such taxpayer in the prosecution of the proceeding, in which event the [petitioner] taxpayer shall not be required to pay such taxes, interest or penalties as a condition precedent to the application. (b) Where any tax imposed hereunder shall have been erroneously, illegally or unconstitutionally assessed or collected and application for the refund or revision thereof duly made to the proper fiscal officer or officers, and such officer or officers or, in the case of a city of one million or more which has established a tax appeals tribunal, such tax appeals tribunal, shall have made a determination denying such refund or revision, such determination shall be reviewable by a proceeding under article seventy-eight of the civil practice law and rules, provided, however, (1) that such proceeding is instituted within four months after the giving of the notice of such denial, (2) that a final determination of tax due was not previously made, and (3) 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] taxpayer will pay all costs and charges which may accrue in the prosecution of such proceeding. § 5. Subdivisions 6 and 7 of section 1 of chapter 235 of the laws of 1952, relating to taxes on cigarettes in a city of one million or more, are amended to read as follows: (6) Any final determination of the amount of any tax payable hereunder shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by a proceeding under article seventy-eight of the civil practice [act] law and rules if application therefor is made to the supreme court within [thirty days] four months after the giving of the notice of such final determination, provided, however, that any such proceeding under article seventy-eight of the civil practice [act] law and rules shall not be instituted by a person liable for the tax unless 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 an undertaking filed, 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] such person will pay all costs and charges which may accrue in the prosecution of such proceeding, (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 or, in the case of a city of one million or more which has established* tax appeals tribunal, such tax appeals tribunal, shall have made a determination denying such refund, such determination shall be reviewable by a proceeding under article seventy-eight of the civil practice [act] law and rules, provided, however, that such proceeding is instituted within [thirty days] four months 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] person liable for the tax will pay all costs and charges which may accrue in the prosecution of such proceeding. § 6. This section intentionally omitted. § 7. Subdivisions 8 and 9 of section 1 of chapter 1032 of the laws of 1960, relating to taxes on certain motor vehicles in a city of one million or more, as amended by chapter 311 of the laws of 1962, are amended to read as follows: not (8) Any final determination of the amount of any tax payable hereunder shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by a special proceeding under article seventyeight of the civil practice law and rules brought in the supreme court within [thirty days] four months after the giving of the notice of such final determination, provided, however, that any such proceeding shall be instituted by a taxpayer 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] taxpayer will pay all costs and charges which may accrue in the prosecution of such proceeding or (b) at the option of the [petitioner] taxpayer 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] such taxpayer in the prosecution of the proceeding, in which event the [petitioner] taxpayer shall not be So in original. (Word "a" inadvertently omitted.) EXPLANATION-Matter in italics is new; matter in brackets [] is old law |
