which such premises are contained ceases to meet the requirements of paragraph one or two of this subdivision, such premises shall nonetheless remain eligible premises, provided that the eligible business continues to occupy such eligible premises; provided however that if, after such property ceases to meet the requirements of paragraph one or two, an eligible business first leases or purchases additional premises contained in such property, such additional premises shall not be considered eligible premises. § 6. Subdivision (b) of section 22-622 of the administrative code of the city of New York, as amended by chapter 425 of the laws of 1990, is amended to read as follows: (b) No eligible business shall be authorized to receive a credit against tax or a reduction in base rent subject to tax under the provisions of this chapter, and of title eleven of the code as described in subdivision (a) of this section, until the premises with respect to which it is claiming the credit meet the requirements in the definition of eligible premises and until it has obtained a certification of eligibility from the mayor or an agency designated by the mayor, and an annual certification from the mayor or an agency designated by the mayor as to the number of eligible aggregate employment shares maintained by such eligible business which may qualify for obtaining a tax credit for the eligible business' taxable year. Any written documentation submitted to the mayor or such agency or agencies in order to obtain any such certification shall be deemed a written instrument for purposes of section 175.00 of the penal law. Application fees for such certifications shall be determined by the mayor or such agency or agencies. No certification of eligibility shall be issued to an eligible business on or after July first, nineteen hundred [ninety-two] ninety-nine unless such business meets the requirements of either paragraph one or two below: (1) (i) prior to such date such business has purchased, leased or entered into a contract to purchase or lease particular premises or a parcel on which will be constructed such premises or already owned such premises or parcel; (ii) prior to such date improvements have been commenced on such premises or parcel which improvements will meet the requirements of subdivision (e) of section 22-621 of this code relating to expenditures for improvements; or (iii) prior to such date such business submits a preliminary application for a certification of eligibility to such mayor or such agency agencies with respect to a proposed relocation to such particular premises; and (iv) such business relocates to such particular premises not later than thirty-six months or, in a case in which the expenditures made for improvements specified in subparagraph (ii) of this paragraph are in excess of fifty million dollars within seventy-two months from the date of submission of such preliminary application; or (2), (i) not later than June thirtieth, [nineteen hundred ninety-five] two thousand two, such business has purchased, leased or entered into a contract to purchase or lease particular premises wholly contained in a building in which at least an aggregate of forty per centum or two hundred thousand square feet, whichever is less, of the nonresidential floor area of such building has been purchased or leased by a business or businesses which meet or will meet the requirements of paragraph one of this subdivision with respect to such floor area and which are or will become certified as eligible to receive a credit under section 22-622 of this code with respect to such floor area; (ii) not later than June thirtieth, [nineteen hundred ninety-five] two thousand two, such business submits a preliminary application for a certification of eligibility to such mayor or such agency or agencies with respect to a proposed relocation to such particular premises; and (iii) not later than June thirtieth, [nineteen hundred ninety-five] two thousand two, such business relocates to such particular premises. § 7. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 832 AN ACT to amend the real property tax law, in relation to exemption of certain new multiple dwellings from local taxes The Became a law August 7, 1992, with the approval of the Governor. People of the State of New York, represented in Senate and Assenbly, do enact as follows: Section 1. Paragraph (a) of subdivision 2 of section 421-a of the real property tax law is amended by adding a new subparagraph (iv) to read as follows: (iv) (A) Unless excluded by local law, in the city of New York, the benefits of this subparagraph shall be available in the borough of Manhattan for new multiple dwellings on tax lots now existing or hereafter created south of or adjacent to either side of one hundred tenth street which commence construction after July first, nineteen hundred ninetytwo and before July first, nineteen hundred ninety-five only if: a. the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality, or b. the local housing agency has imposed a requirement or has certified that twenty percent of the units are affordable to families of low and moderate income. (B) Such new multiple dwellings, except hotels, shall be exempt from taxation for local purposes, other than assessments for local improvements for the tax year or years immediately following taxable status dates occurring subsequent to the commencement and prior to the completion of construction, but not to exceed three such tax years, and shall continue to be exempt from such taxation in tax years immediately following the taxable status dates first occurring after the expiration of the exemption herein conferred during such construction so long as used at the completion of construction for dwelling purposes for a period not to exceed twenty years in the aggregate, as follows: a. except as otherwise provided herein, there shall be full exemption from taxation during the period of construction or the period of three years immediately following commencement of construction, whichever expires sooner, and for twelve years following such period; b. followed by two years of exemption from eighty percent of such taxation; 20 followed by two years of exemption from sixty percent of such taxa tion; d. followed by two years of exemption from forty percent of such taxation; e. followed by two years of exemption from twenty percent of such taxation. The following table shall illustrate the computation of the exemption: During construction (maximum three years) 1 through 12 13-14 19-20 Exemption 100% 100% 80% 60% 40% 20% § 2. Subparagraph (ii) of paragraph (c) of subdivision 2 of section 421-a of the real property tax law, as amended by chapter 502 of the laws of 1989, is amended to read as follows: (ii) construction commenced after January first, nineteen hundred seventy-five and before January first, nineteen hundred ninety-four and is completed no later than December thirty-first, nineteen hundred ninety-five provided, however, that such commencement and completion dates shall not apply to multiple dwellings eligible for benefits under subparagraph (iv) of paragraph (a) of subdivision two of this section; § 3. Paragraph (i) of subdivision 2 of section 421-a of the real property tax law, as amended by chapter 288 of the laws of 1985, 1985, is amended to read as follows: (i) Authority of city to enact local law. Except as otherwise specified in this section, a city to which this section is applicable[,] may enact a local law to restrict, limit or condition the eligibility, scope or amount of the benefits under this section in any manner[,] provided that [the] such local law may not grant benefits beyond those provided in this section and provided further that in the city of New York such local law [must be approved by the board of estimate and] shall not take effect sooner than one year after [such approval by the board of estimate] it is enacted. § 4. This act shall take effect immediately. CHAPTER 833 AN ACT to amend the education law, in relation to increasing the membership of New York state higher education services corporation 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 3 of section 652 of the education law, as amended by chapter 240 of the laws of 1986, is amended to read as follows: 3. The corporation shall be governed and all of its corporate_powers exercised by a board of trustees which shall consist of [thirteen] fourteen members, [seven] eight of whom shall be appointed by the governor with the advice and consent of the senate, three of whom shall be the commissioner of education, the chancellor of the state university, the chancellor of the city university of the city of New York, and four of whom shall be students. One such student shall be the president of the student association of the state university of New York, one such student shall be the chair of the united student senate of city university of New York, one such student shall be the chair of the coalition of students in New York state independent higher education, Inc., and one such student shall be a student registered in a full time course of study at a state university community college. In the event a student who shall be a member by reason of his or her office in a student organization shall fail to qualify, the student who holds the next highest office in the organization shall be the member of the board. § 2. This act shall take effect immediately. CHAPTER 834 AN ACT to amend the social services law and the public health law, in relation to medicaid and general hospital reimbursement The Became a law August 7, 1992, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision 12 of section 367-a of the social services law, as added by chapter 41 of the laws of 1992, is amended to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law 12. Notwithstanding any inconsistent provision of law or regulation to the contrary, the commissioner shall reduce payments for in-patient services for patients in general hospitals licensed pursuant to article twenty-eight of the public health law that exceed the limitations on covered days of such services pursuant to paragraph (b) of subdivision eight of section three hundred sixty-five-a of this title: (a) to exclude, for per diem unit of service based payments, payments for days of care provided to a patient that exceed such limitations; and (b) to exclude, for case based unit of service payments, a percentage of the case based payment amount based upon the ratio of the number of days of care covered by the case based rate of payment actually provided to a patient that exceed such limitations to the total number of days of care covered by the case based rate of payment actually provided to such patient, expressed as a percentage. § 2. Subparagraph (iii) of paragraph (b) of subdivision 6 of section 367-a of the social services law, as added by chapter 41 of the laws of 1992, is amended to read as follows: (iii) individuals who are inpatients in a medical facility or residents of community based residential facilities licensed by the office of mental health or the office of mental retardation and developmental disabilities who have been required to spend all of their income for medical care, except their personal needs allowance; § 3. Subparagraph (v) of paragraph (d) of subdivision 6 of section 367-a of the social services law, as added by chapter 41 of the laws of 1992, is amended to read as follows: (v) drugs, excepting psychotropic drugs and drugs used in the treatment of tuberculosis specified by the department; § 4. Paragraphs (b) and (c) of subdivision 2-a of section 2807-c of the public health law, as separately added by chapters 41 and 55 of the laws of 1992, are amended to read as follows: (b) (i) The [nine percent] increase shall be eliminated for a health maintenance organization if on or before May first for the nineteen hundred ninety-two rate period and on or before [October] November first preceding the nineteen hundred ninety-three rate year and [April] May first, if the health maintenance organization has appealed therefor, for the six month period thereafter commencing on July first the health maintenance organization is determined by the commissioner of social services to be a managed care provider under section three hundred sixty-four-j of the social services law in each social services district within its service area, and to have enrolled at least ninety percent of the sum of its target numbers of medical assistance eligibles who are not exempt from participating in the managed care program and are residing in social services districts in its service area. (ii) The nine percent increase shall be reduced [by four and one-half percentage points if on or before May first for the nineteen hundred ninety-two rate period and on or before October first preceding the nineteen hundred ninety-three rate year and April first, if the health maintenance organization has appealed therefor, for the six month period thereafter commencing on July first the health maintenance organization is determined by the commissioner of social services to be a managed care provider under section three hundred sixty-four-j of the social services law in each social services district within its service area, and to have enrolled for the nineteen hundred ninety-two rate period at least fifty percent and for the nineteen hundred ninety-three rate year at least sixty-six percent of the sum of its target number of medical assistance eligibles who are not exempt from participating in the managed care program and are residing in social services districts in its service area] according to the following schedule if, on or before the dates specified in subparagraph (i) of this paragraph': twenty-five percent if the health maintenance organization has enrolled twenty-five percent of its total target enrollment; fifty percent if the health maintenance organization has enrolled fifty percent of its total target enrollment; and seventy-five percent if the health maintenance organization has enrolled seventy-five percent of its total target enrollment. For the purposes of this subparagraph, the total target enrollment shall be calculated as specified in subparagraph (iii) of this paragraph. (iii) A health maintenance organization may apply to the state commissioner of social services on or before May first for the nineteen hundred ninety-two rate period and on or before July first preceding the nineteen hundred ninety-three rate year for an exemption from participation in managed care programs in a social services district on such bases as demonstration of a good faith effort to enter into a managed care contract with the social services district, or such other criteria as the commissioner of social services may establish. For the purposes of this paragraph, a good faith effort shall include but not be limited to a determination by the commissioner that the health maintenance organization has fulfilled one of the following criteria; provided however that, these criteria shall only be applicable for the nineteen hundred ninety-two and nineteen hundred ninety-three rate years: (A) The health maintenance organization has submitted an implementation plan to the district and would have begun enrollment in that district but for the failure or refusal of the district to sign a contract; (B) The health maintenance organization has submitted a letter of intent to contract with each of the districts in its service area, and has executed contracts with half of the districts in its service area by July first, nineteen hundred ninety-two, and with two-thirds of the districts in its service by January first, nineteen hundred ninety-three, and would have been able to execute contracts in the remaining districts but for an agreement with the department of social services to delay implementation; (C) The health maintenance organization has submitted a letter of intent to contract with each of the districts in its service area, and has executed contracts with districts in which at least half of the nonexempt medicaid eligible population within the health maintenance organization's service area reside for the period beginning July first, nineteen hundred ninety-two, and with districts in which two-thirds of the non-exempt medicaid eligible population reside for the period beginning January first, nineteen hundred ninety-three, and would have been able to execute contracts in the remaining districts but for an agreement with the department of social services to delay implementation; or (D) The health maintenance organization has enrolled a number of medical assistance eligibles sufficient to meet its total enrollment target for its otherwise non-exempt districts, even though the health maintenance organization does not yet have contracts in all such districts. In determining whether the health maintenance organization has met the total enrollment target for such districts for the years nineteen hundred ninety-two-nineteen hundred ninety-three, the commissioner shall include the health maintenance organization's medical assistance fee for service enrollment, which is defined as the annual fee for service medical assistance visits made to a facility licensed pursuant to this article as a diagnostic and treatment center, which is operated either by the health maintenance organization or by a distinct not-for-profit corporation licensed under this article which provides or arranges for a majority of the health services to the health maintenance organization, divided by the annual average number of visits which commercial subscribers of the health maintenance organization make to such facilities. The commissioner of social services may in making such a determination consider whether the health maintenance organization is proceeding with a good faith implementation of a plan for the capitation of a substantial percentage of its medical assistance fee for service enrollment, as defined herein. Such plan shall include adherence to a specified, viable implementation schedule. For purposes of this paragraph, the health maintenance organization's service area shall be deemed not to include a social services district in which the health maintenance organization is exempted by the state commissioner of social services from participating in managed care programs. If the health maintenance organization's service area includes two or more regions which are not geographically contiguous, the health maintenance organization shall be allowed to apply for a waiver, exemption or reduction of the factor based on its contracts and enrollment within the health maintenance organization's entire service area, or separately on an aggregate basis for each non-contiguous geographic regions+ included in its service area. The target number for a social So in original. (Word "area" inadvertently omitted.) So in original. ("regions" should be "region".) EXPLANATION-Matter in italics is new; matter in brackets [] is old law |