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any municipality having three or more police departments, is renumbered' section and a new section 8 is added to read as follows:

§ 8. Notwithstanding the provisions of this act, any person whose name appears on an eligible list for police officer established before January 1, 1992 and is appointed from such eligible list after June 30, 1992 shall be given an opportunity to select the police department operating within the municipality to which he or she would be assigned. A person who does not express a preference within the time period and in such

may

be required by the municipal civil service commission shall be appointed to the largest of such police departments. A person appointed to a police department pursuant to this section shall not have the right to make a lateral transfer to any other police department within the municipality.

5 2. This act shall take effect immediately.

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CHAPTER 829

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AN ACT to amend the general municipal law, in relation to municipal reg

ulation of the registration and licensing of taxicabs and limousines 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 Assenbly, do enact as follows:

Section 1. Section 181 of the general municipal law, as added by chapter 209 of the laws of 1956, is amended to read as follows:

§ 181. Ordinances to regulate taxicabs and limousines. The municipal officers and boards in the several cities, towns and villages of this state now having the authority to enact ordinances, may adopt ordinances regulating the registration and licensing of taxicabs and may limit the number of taxicabs to be licensed and the county of Westchester may adopt ordinances regulating the registration and licensing of taxicabs and limousines and may limit the number to be licensed.

§ 2. This act shall take effect immediately.

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CHAPTER 830
(See FISCAL NOTE at end of Chapter.)

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AN ACT to amend the education law, in relation to providing that if &

participating employer underpaid its obligation to the state teachers'
retirement system, such underpayment shall be deducted from amounts
apportioned to such employer from the appropriation of the state for
the support of the common schools due and payable the next April fif-
teenth instead of December fifteenth
Became a law August 7, 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 Assen-
bly, do enact as follows:

Section 1. Paragraph h of subdivision 2 of section 521 of the education law as amended by chapter 53 of the laws of 1992, is amended to read as follows: h. Notwithstanding any provision of law to the contrary,

commencing with the payments made in the fiscal year beginning, July first, nineteen hundred ninety, and each fiscal year thereafter, the employer contributions due and payable as determined pursuant to the provisions of this

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article and the employee contributions due and payable pursuant to this article and articles fourteen and fifteen of the retirement and social security law, on account of compensation paid in the fiscal year immediately preceding, and those employer contributions due and payable in each' fiscal year pursuant to chapter six hundred sixty-five of the laws of nineteen hundred eighty-four shall be made to the retirement system and collected in the manner set forth in this section each fiscal year in three payments, each equal to thirty-three and one-third percent of the total amount due for such fiscal year. Such payments shall be paid on September fifteenth, October fifteenth, and November fifteenth of each 'fiscal year. If a participating employer underpaid its obligation to the retirement system, such underpayment as determined by the retirement system shall be deducted from the amounts apportioned to such employer from the appropriation of the state for the support of the common schools due and payable the next [December] April fifteenth. Employers whose payments from such appropriation are insufficient to pay the amount due and owing the system, or who do not receive such payments, shall be billed by the system for such underpayment and shall pay the system the amount due within thirty days from the date a bill is mailed by the system. The amount of any employer overpayment of its , obligation to the retirement system, as determined by such system shall be a credit to the employer and shall reduce by an equal amount thereof the initial payment to be made by such employer to such system on the next succeeding September fifteenth.

§ 2. This act shall take effect July 1, 1992, provided, however, that in the event that this act shall have become a law after July 1, 1992, this act shall take effect immediately and shall be deemed to have been in full force and effect on, from and after July 1, 1992.

FISCAL NOTE. -This bill would amend paragraph h of subdivision 2 of section 521 of the Education Law as amended by chapter 53 of the laws of 1992 to change to April fifteenth the date on which underpayments to the retirement system are due and payable for a participating employer who has underpaid its obligation to the retirement system. It is

estimated that the cost to the employers of members of the New York State Teachers' Retirement System for this benefit will be negligible.

The source of this estimate is Fiscal Note 92-73 dated June 15, 1992, prepared by the Actuary of the New York State Teachers' Retirement

Sys tem and is intended for use only during the 1992 Legislative Session.

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CHAPTER 831

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AN ACT to amend the general city law and the administrative code of the

city of New York, in relation to extending the relocation and ployment assistance program, and expanding the eligible premises covered by such program

Became a law August 7, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision (e) of section 25-y of the general city law, as amended by chapter 425 of the laws of 1990,

is amended to read
follows:
(e) "Eligible premises"

(1) Nonresidential premises which are wholly contained in real property which is certified eligible to EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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receive benefits pursuant to a local law enacted in accordance with title two-C or title two-D of article four of the real property tax law, provided that such premises have been improved by construction or renovation, that expenditures have been made for improvements to such real property in excess of fifty per centum of the value at which such real property was assessed for tax purposes for the tax year

in which such improvements commenced and such expenditures have been made within thirty-six months or, in the case of expenditures for such improvements to such real property in excess of fifty million dollars within seventytwo months from such commencement and, provided further, that such real property is located in an eligible area; or

(2) nonresidential premises which are: (i) wholly contained in or șituated on real property which has been leased from an industrial development agency established pursuant to article eighteen-A of the general municipal law, provided that such premises were constructed or renovated subsequent to the approval of such construction or renovation by such agency, or (ii) wholly contained in or situated on real

property owned by a city having a population of one million or more, a lease for which was approved in accordance with the applicable provisions of the charter of such city, provided that such premises were constructed or renovated subsequent to such approval, or (iii) wholly contained in or situated on real property which has been leased from the port authority of the state of New York and New Jersey or the New York state urban development corporation, or a subsidiary' thereof, provided that such premises were constructed or renovated subsequent to the execution of such lease, or (iv) wholly contained in property which would be eligible to receive benefits pursuant to a local law enacted in accordance with title two-D of article four of the real property tax law except that such property is exempt from real property taxation; provided that expenditures have been made for improvements to such real property in excess of fifty per centum of the value at which such real property was assessed for tax purposes for the tax year in which such improvements commenced and such expenditures have been made within thirty-six months or, in the case of expenditures for such improvements to such real property in excess of fifty million dollars within seventy-two months from the date of such commencement, and provided further that such real property is located in an eligible area.

The determination of whether premises meet the requirements for eligibility set forth in this subdivision shall be made as of the effective date of the certification of eligibility issued pursuant to section twenty-five-2 of this chapter. Notwithstanding the provisions of paragraphs one and two of this subdivision, if, subsequent to such date, the property in which such premises

contained ceases to 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 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.

§ 2. Subdivision (b) of section 25-2 of the general city law, 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 under any local law enacted pursuant to this article 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

certification of eligibility from the mayor of such city or an agency designated by such mayor, and an annual certification from such mayor or an agency designated by such mayor 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 such 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. Such local law may provide for application fees to be determined by such mayor or such agency or agenciesNo such certification of eligibility shall be issued

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 en. tered into a contract to purchase or lease particular premises or a par

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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 twenty-five-y of this chapter relating to expenditures for improvements;

(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 the 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 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

businesses which meet or will meet the requirements of paragraph one of this subdivision with respect to such floor area and which will become certified as eligible to receive a credit under any local law enacted pursuant to this article 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.

§ 3. Paragraph 4 of subdivision (f) of section 11-704 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:

(4) No tenant shall be authorized to receive a reduction in base rent subject to tax under the provisions of this subdivision, until the premises with respect to which it is claiming a reduction in base rent meet the requirements in the definition of eligible premises and until it has obtained certification

of eligibility from the mayor or an agency designated by the mayor, and an annual certification from the mayor an agency designated by the mayor as to the number of eligible aggregate employment shares maintained by such tenant which may qualify for obtaining base rent reduction for the tenant's tax 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 or after July first, nineteen hundred [ninety-two) ninetynine unless such business meets the requirements of either subparagraph (a) or (b) below:

(a) (1) prior to such date such business has purchased, leased or tered 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;

(2) 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;

(3) prior to such date 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

(4) such business relocates to such particular premises not later than thirty-six months or, in a case in which the expenditures made for the improvements specified in clause two of this subparagraph are in excess of fifty million dollars within seventy-two months from the date of submission of such preliminary application; or EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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(b), (1) 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 subparagraph (a) of this paragraph with respect to such floor area and which or will become certified as eligible to receive a credit under section 22-622 of this code with respect to such floor area;

(2) not later than June thirtieth, [nineteen hundred ninety-five] two thousand two, such business submits á 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

(3) not later than June thirtieth, [nineteen hundred ninety-five) two thousand two, such business relocates to such particular premises.

Any tenant subject to a tax imposed under chapter five, or subchapter two or three of chapter six, of this title obtaining a certification of eligibility pursuant

to

subdivision (b) of section 22-622 of the code shall be deemed to have obtained the certification of eligibility required by this paragraph.

§ 4. Paragraph 1 of subdivision (e) of section 22-621 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:

(1) Non-residential premises which are wholly contained in real property which is certified as eligible to receive benefits pursuant to

local law enacted in accordance with part three or part four of subchapter two of chapter two of title eleven of the code, provided that such premises have been improved by construction or renovation, that expenditures have been made for improvements to such real property in excess of fifty percentum of the value at which such real property was assessed for the tax purposes for the tax year in which such improvements commenced and such expenditures have been made within thirty-six months or, in the case of expenditures for such improvements to such real property in

of fifty million dollars within seventy-two months from such commencement and, provided further, that such real property is located in the eligible area; or

§ 5. Paragraph 2 of subdivision (e) of section 22-621 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:

(2) non-residential premises which are: (i) wholly contained in or situated on real property which has been leased from the New York city industrial development agency established pursuant to article eighteenof the general municipal law, provided that such premises were structed or renovated subsequent to the approval of such construction or renovation by such agency, or (ii) wholly contained in or situated on real property owned by the city, a lease for which was approved in accordance with' the applicable provisions of the charter, provided that such premises were constructed or renovated subsequent to such approval, or (iii) wholly contained in or situated on real property which has been leased from the port authority of the state of New York and New Jersey or the New York state urban development corporation, a subsidiary thereof, provided that such premises were constructed or renovated subsequent to the execution of such lease, or (iv) wholly contained in real property which would be eligible to receive benefits pursuant to part four of subchapter two of chapter two of title eleven of the code except that such property is exempt from real property taxation; provided that expenditures have been made for improvements to such real property in excess of fifty percentum of the value at which such real property was assessed for tax purposes for the tax year in which such improvements commenced

and such expenditures have been made within thirty-six months or, in the case of expenditures for such improvements

to such real property in

of fifty million dollars within seventy-two months from the date of such commencement, and provided further that such real property is located in the eligible area.

The determination of whether premises meet the requirements for eligibility set forth in this subdivision shall be made as of the effective date of the certification of eligibility issued pursuant to section 22-622 of the code. Notwithstanding the provisions of paragraphs one and two of this subdivision, if, subsequent to such date, the property in

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