150.25 feet, South 12° 10′ 20′′ West 194.59 feet, North 31° 31' 20" West 213.05 feet, North 00° 07′ 40′′ West 164.85 feet, North 10° 25′ 20′′ West 94.11 feet and North 13° 10′ 50′′ West 102.31 feet to the point of beginning containing 1.055 acres of land. § 7. This act shall take effect immediately. CHAPTER 440 AN ACT to amend the general city law and the town law, in relation to appropriations for room for patriotic organization Became a law July 17, 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. Section 13-e of the general city law, as amended by chapter 306 of the laws of 1990, is amended to read as follows. N. Y. § 13-e. Expenses of meeting rooms for veterans' and other organizations. Any city may appropriate and make available a sum of money not exceeding five hundred dollars in any one year for each chapter, post, camp or garrison, as the case may be, of the Grand Army of the Republic, the United Spanish War Veterans, the Veterans of Foreign Wars, the American Legion, the Disabled American Veterans, the Military Order of the Purple Heart, Inc. the Army and Navy Union of the United States, the Marine Corps League, AMVETS, American Veterans of World War II, the Italian American War Veterans of the United States, Incorporated, Veterans of World War I of the United States of America Department of New York, Inc., Polish-American Veterans of World War II, Amsterdam, N. Y., Inc., Polish-American Veterans of World War II, Schenectady Inc. Polish Legion of American Veterans, Inc. the Jewish War Veterans of the United States, Inc., or the Catholic War Veterans, Inc. Masonic War Veterans of the State of New York, Inc., or the American Gold Star Mothers, Inc., or Regular Veterans Association, Inc., or the Viet Nam Veterans of America, or the Eastern Paralyzed Veterans Association, or the 369th Veterans Association, Inc., or the Tri-County Council of Vietnam Veterans, or the National Congress of Puerto Rican Veterans, or the Navy Seabee Veterans of America, or the Korean War Veterans Association, located within its boundaries, for the purpose of assisting in defraying the rental or maintenance expenses, or both, of rooms for the holding of meetings of any such post, camp, garrison or chapter. All sums hereby authorized to be expended shall be appropriated, raised and expended, in the same manner as moneys for other municipal expenses in the city are appropriated, raised and expended. § 2. Subdivision 13 of section 64 of the town law, as amended by chapter 306 of the laws of 1990, is amended to read as follows: 13. Appropriations for rooms for patriotic organizations. In any town in which there may, now or hereafter, be one or more posts of the Grand Army of the Republic, the United Spanish War Veterans, the Veterans of Foreign Wars, the Jewish War Veterans of the United States, Inc. Disabled American Veterans, the Catholic War Veterans, Inc., the Italian American War Veterans of the United States, Incorporated, the Polish Legion of American Veterans Inc. the Marine Corps League, the Military Order of the Purple Heart, Inc., AMVETS, American Veterans of World War II, Masonic War Veterans of the State of New York, Inc. Veterans of World War I of the United States of America Department of New York, China-Burma-India Veterans Association, Inc. Polish-American Veterans of World War II, Amsterdam, Veterans of World War II, Schenectady, N. Y., Inc., World War Veterans Club of Lindenhurst, Inc., the American Legion, the Eastern Paralyzed Inc., N. Y., Inc. Polish-American Veterans Association, the Vietnam Veterans of America, the Army and Navy Union of the United States, the American Gold Star Mothers, Inc., Regular Veterans Association, Inc., the 369th Veterans Association, Inc. the Tri-County Council of Vietnam Veterans, the National Congress of Puerto Rican Veterans, or the Fleet Reserve Association, or the Navy Seabee Veterans of America, or the Korean War Veterans Association, the town board may appropriate a sum not exceeding five hundred dollars for each post in any year for the purpose of assisting in defraying the rental ΟΙ maintenance of rooms for holding meetings of such post or posts, or both. If there be a post in a town adjoining a town in which no post is located, whose membership includes at least five residents of such town having no post, the town board of such town having no post may vote any sum of money, not exceeding one hundred twenty-five dollars in any year, for the purpose of assisting in defraying the rental or maintenance of rooms in such adjoining town as meeting places of each of the posts hereinbefore enumerated. Claims for such rental or rentals shall be made by the organizations interested, and shall be submitted to the town board for audit in the same manner and at the same time as other claims against the town. § 3. This act shall take effect immediately. CHAPTER 441 AN ACT to authorize the city of New York to dispose of certain Became a law July 17, 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: a Section 1. Notwithstanding any inconsistent provisions of section 20 of the general city law and of section 383 of the New York city charter restricting the alienation of waterfront property, the city of New York is hereby authorized to sell and convey all of its right, title and interest in or to lease upon such terms and conditions as the mayor shall determine such property that the city now has or may hereafter acquire located on the waterfront of Shell Bank Basin between the easterly side of Cross Bay Boulevard and the westerly side of Shell Bank Basin from the northerly side of 160th Avenue to the southerly side of 163rd Aveque, all in the borough of Queens, hereinafter referred to as the "area boundaries", provided, however, that prior to the offering for sale of such city-owned property that may become available for disposition as result of the elimination of a street on the official city map within the area boundaries, the owner of property adjacent to such eliminated street shall have the right to apply to purchase the city's right, title and interest in such eliminated street, as provided in section 4-108 of the administrative code of the city of New York, for a period of 2 years commencing upon the official approval and adoption of the map change eliminating the street thereon pursuant to section 199 of the New York city charter. Any proposed sale or lease of such property shall be reviewed for consistency with any waterfront revitalization program, including the public access policies thereof, as shall have been adopted by the city of New York pursuant to section 915 of the executive law. 2. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 442 AN ACT in relation to the lease of certain real property in the civic center of the borough of Brooklyn to the American National Red Cross Became a law July 17, 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. Notwithstanding any provisions to the contrary of section 8 of chapter 907 of the laws of 1985, entitled "An Act to recodify the administrative code of the city of New York; and to amend the public officers law, in relation to certification of printed copies of such code for purposes of admitting the provisions of such code into evidence in the courts of this state", the commissioner of general services of the city of New York may authorize the lease made and entered into the fourth day of August 1953 between the city of New York and the American National Red Cross pursuant to former section D51-43.0 of the administrative code of the city of New York, enacted by chapter 273 of the laws of 1952, entitled "An Act to amend the administrative code of the city of New York, in relation to the grant or leasing by the city to the Brooklyn chapter of the American National Red Cross of certain lands in the civic center of the borough of Brooklyn to be used for the construction and maintenance of certain Red Cross facilities", to be amended in order to provide that the premises described in former section D51-43.0 of such code may be utilized by the American National Red Cross for any of its programs, activities and purposes. Said commissioner may further authorize such lease to be amended in order to permit the American National Red Cross to sublease to local governmental entities for public purposes and to not-for-profit entities for not-for-profit purposes a portion or portions of the premises therein described. Any such sublease, including any consideration therefor, shall be subject to approval by the commissioner. Any consideration in excess of the maintenance and administrative costs of the American National Red Cross attributable to the subtenancy shall be paid by the American National Red Cross to the city of New York. § 2. This act shall take effect immediately. CHAPTER 443 AN ACT to amend the lien law, in relation to exempting trust assets from the effect of a restraining notice served on a trustee to enforce money judgment Became a law July 17, 1992, with the approval of the Governor. a The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision 2 of section 72 of the lien law, as added by chapter 696 of the laws of 1959, is amended to read as follows: 2. Trust assets shall not be levied upon or subject to a restraining notice issued pursuant to section fifty-two hundred twenty-two of the civil practice law and rules as the individual property of the trustee. 2. This act shall take effect immediately. CHAPTER 444 AN ACT to amend the transportation law, in relation to penalties and forfeitures for violations The Became a law July 17, 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 6 of section 145 of the transportation law, as amended by chapter 475 of the laws of 1991, is amended to read as follows: or 6. Any person who shall provide transportation for compensation within the state, or hold himself or herself out to the public by advertising or any other means to provide such transportation, when such transportation requires either the permission or approval of the commissioner, the permission, approval or franchise of any city having regulátory jurisdiction over such transportation and who does not possess a valid permit, certificate or approval for such transportation, from the commissioner or from such city, shall be guilty of a traffic infraction punishable by a fine of not less than five hundred and not more than one thousand dollars for the first offense. A violation of this subdivision by a person who has previously been convicted of such offense within five years of the violation shall be a misdemeanor and shall be punishable by a fine of not less than one thousand and not more than twentyfive hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment. Upon conviction as a second or subsequent offender as described herein the court may order forfeiture of any right, title or interest held by the defendant in any motor vehicle used in the commission of such offense pursuant to the provisions of subdivision seven of this section. In addition to, or in lieu of, any sanction set forth in this subdivision, the commissioner may, after hearing, impose a penalty equal to the gain or profit derived from transportation services conducted in violation of this subdivision. Any person holding regulatory authority or a franchise from either the commissioner or any city having regulatory jurisdiction over such transportation, or any public transportation authority created pursuant to title nine, eleven, eleven-A, eleven-B, eleven-C or eleven-D of article five of the public authorities law, who is being adversely affected by a person providing transportation without having the necessary regulatory authority or franchise from the commissioner or any such city, may bring suit in his, her or its own behalf to restrain such person and recover damages resulting from the actions of such person. § 2. This act shall take effect immediately. a CHAPTER 445 AN ACT to amend the transportation law, in relation to the application of article 9 of such law Became a law July 17, 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. Section 190 of the transportation law, as added by chapter 635 of the laws of 1983, is amended to read as follows: § 190. Application of article. This article shall apply to common carriers of property by motor vehicle transporting household goods. [This includes the transportation of household goods as defined in paraEXPLANATION-Matter in italics is new; matter in brackets [] is old law graphs (a) and (b) of subdivision fifteen of section two of this chapter when such transportation is between points within cities having a population of one million persons or more and between points within such cities and any municipalities contiguous thereto or within a commercial zone as defined by the commissioner that is adjacent to and commercially a part of any such cities. ] The provisions of this article shall not apply to: (a) the transportation of household goods by or for the federal, state or municipal governments; (b) the occasional, casual or reciprocal transportation of household goods by any person not engaged in the transportation of household goods as a regular occupation or business; (c) the transportation of household goods as defined in paragraph (c) of subdivision fifteen of section two of this chapter when such transportation is wholly within a municipality [having a population of less than one million persons] or between contiguous municipalities [of such size] or within a commercial zone as defined by the commissioner that is adjacent to and commercially a part of any [such size] municipality or municipalities except when such transportation is under a common control, management, or arrangement for a continuous carriage or shipment by motor vehicle to or from a point outside of such municipality, municipalities or commercial zone; (d) [the transportation of household goods as defined in paragraph (c) of subdivision fifteen of section two of this chapter when such transportation is between points within cities having a population of one million persons or more and between points within such cities and any municipalities contiguous thereto or within a commercial zone as defined by the commissioner that is adjacent to and commercially a part of any such cities; (e)] the transportation of household goods as defined in paragraph (c) of subdivision fifteen of section two of this chapter when such transportation is performed by a common or contract carrier of property by motor vehicle authorized to transport such articles pursuant to article eight of this chapter; or [(f)] (e) the transportation of household goods in private carriage when such transportation is incidental to and in furtherance of a primary business enterprise of such person other than transportation. § 2. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that during this one hundred eighty day period, the New York state commissioner of transportation is authorized to accept applications and issue certificates in accordance with the provisions of section 193 of the transportation law to common carriers of property by motor vehicles transporting household goods which will no longer be exempted under section 190 of the transportation law after such one hundred eighty day period. CHAPTER 446 AN ACT to amend the public health law, in relation to designating the communal area multi-purpose room of the New York state home for veterans in the city of New York as the "New York State Women Veterans Memorial Community Room" The Became a law July 17, 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. Legislative intent. The legislature hereby recognizes that despite sacrifices women in the United States armed forces have made for their country, they must still struggle for recognition and entitlements appropriately warranted and certainly deserved. The legislature hereby acknowledges its commitment to ensuring that women veterans of this state are guaranteed public recognition for their important contributions in keeping this nation free. |