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[Upon a denial of an application for registration or renewal, or upon suspension or revocation of a registration, the commissioner shall grant a hearing to applicant therefor within ten days after a written request for such hearing. The applicant may be heard in person or by counsel. The hearing on said objections or charges shall be at such time and place as the commissioner shall prescribe. The commissioner his representative may inspect the pertinent books, records, letters and contracts of an applicant or registrant relating to

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written plaint or charge made to him against such applicant or registrant. The commissioner acting by such officer or person in the department of motor vehicles he may designate, shall have the power to suspend a registration pending a hearing and to subpoena and bring before the officer or person so designated any person in this state and administer an oath to and take testimony of any person or cause his deposition to be taken. A subpoena issued under this section shall be regulated by the civil practice law and rules. The action of the commissioner or such deputy in granting or refusing to grant or to renew a registration or in revoking or suspending or refusing to revoke or suspend such a registration shall be subject to review by the supreme court in the manner provided in article seventy-eight of the civil practice law and rules at the instance of the applicant for such registration, the registrant or the person aggrieved. Provisions of section five hundred ten of this chapter shall apply to a suspension except as otherwise provided herein. ]

§ 2. Section 415 of the vehicle and traffic law is amended by adding a new subdivision 9-a to read as follows:

9-a. Hearings; temporary suspension. (a) No registration shall be suspended or revoked, or renewal refused,, except upon notice to the registrant and after an opportunity to be heard. Provided however, upon a written notice of temporary suspension delivered by certified mail to the registrant ,

registration may be temporarily suspended pending a hearing. Any such notice of temporary suspension shall provide that the suspension is effective seventy-two hours after mailing of such notice and shall provide that a hearing be scheduled within ten days after the effective date of the temporary suspension.

(b). The applicant may be heard in person or by counsel. The hearing shall be at such time and place as the commissioner shall prescribe. The commissioner or the commissioner's designee may inspect the pertinent books, records, letters and contracts of a registrant relating to any written complaint or charge against such registrant. The commissioner or the commissioner's designee shall have the power to subpoena, and bring before a hearing officer any person in this state, and administer an oath to and take testimony of any person or cause the person's deposition to be taken. A subpoena issued under this section shall be regulated by the civil practice law and rules.

§ 3. This act shall take effect on the first day of September next succeeding the date on which it shall have become a law.

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CHAPTER 471

AN ACT authorizing the city of New York to reconvey its interest in certain real property acquired by in rem tax foreclosure in the borough of Manhattan to former owner Hirobumi Kawano, notwithstanding expiration of the two year period within which application may be made to the city to release its interest in property thus acquired; block no,

1375, lot no. 1033 on tax map for the borough of Manhattan 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. Findings. In 1989, through a Manhattan in rem tax foreclosure action, the city of New York acquired title to premises designated EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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1033 in tax block 1375, also known as 40 East 61st Street, unit sa, in the borough of Manhattan, based on non-payment of taxes

due to inadvertence and absence of notice received by Hirobumi Kawano, the former owner of such property. Pursuant to sections 11-424 and 11-424. 1 of the administrative code of the city of New York, the city may release its interest in property thus acquired if an application for such a release is filed with the city's department of general services within two years of the date on which the city's deed is recorded and if such application is approved by the in rem foreclosure release board. Since that period has now elapsed, and pending the effectiveness of a chapter of the laws of 1992 authorizing the in rem foreclosure release board to authorize the release of property where an application for such release is made more than two years after the date of the city's acquisition thereof, state legislation is necessary to restore said property to the aforesaid former owner. In addition, since the New York city charter requires that the sale of city owned property be at public auction or by sealed bids (except as otherwise provided by law), state legislative authorization is necessary to permit said reconveyance.

§ 2. Notwithstanding any other provision of general, special or local law, charter or administrative code to the contrary and subject to tion three of this act, the city of New York is hereby authorized to release its interest in and reconvey the real property designated as tax block 1375, lot no. 1033, on the tax map of the city for the borough of Manhattan as said map was on January 1, 1989, to the former record owner of said property on such date.

5 3. Such release and reconveyance may be made only upon the approval of the in rem foreclosure release board established by section 11-424. 1 of the administrative code of the city of New York, subject to the grantee meeting the following conditions precedent:

(a) Submit an application for release in writing to the city commissioner of general services accompanied by a certified title search, affidavit of ownership, and all fees and payments as otherwise required by section_11-424 of the administrative code of the city of New York.

(b) Pay all taxes, interest, penalties and charges otherwise required by section 11-424 of the administrative code of the city of New York upon approval

of the application by the in rem foreclosure release board.

§ 4. This chapter of the laws of 1992 shall not be deemed to be the chapter upon the effectiveness of which paragraph two of subdivision of section 11-424 of the administrative code of the city of New York, under local law, depends. Accordingly, the provisions of such paragraph two

shall not apply to the release and reconveyance authorized to be made herein.

§ 5. This act shall take effect immediately.

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CHAPTER 472

AN ACT to amend the New York state medical care facilities finance

agency act, in relation to its ability to issue certain bonds and notes

Became a law July 17, 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 Assembly, do enact as follows:

Section 1. Paragraph (b) of subdivision 1 of section 7 of section 1 of chapter 392 of the laws of 1973, constituting the New York state medical

facilities finance agency act, as amended by chapter 765 of the laws of 1990, is amended to read as follows:

(b) The agency shall not issue hospital and nursing home project bonds and hospital and nursing home project notes in aggregate principal amount 'exceeding (six] eight billion four hundred million dollars, excluding hospital and nursing home project bonds and hospital and nursing home project notes issued to refund outstanding hospital and nursing home

project bonds and hospital and nursing home project notes;

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provided, however, that upon any such refunding or repayment the total
aggregaté principal amount of outstanding bonds, notes or other obliga-
tions may be greater than (six] eight billion four hundred million dol-
lars only if the present value of the aggregate debt service of the
refunding or repayment bonds, notes or other obligations to be issued
shall not exceed the present value of the aggregate debt service of the
bonds, notes or other obligations so to be refunded or repaid.
poses hereof, the present values of the aggregate debt service of the
refunding or repayment bonds, notes or other obligations and of the ag-
gregate debt service of the bonds, notes

other obligations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment

bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the agency including estimated accrued interest from the sale thereof. The agency shall not issue hospital and nursing home project bonds at any time secured by the hospital and nursing home capital reserve fund if upon issuance, the amount in the hospital and nursing home capital reserve fund will be less than the hospital and nursing home capital reserve fund requirement, unless the agency, at the time of issuance of such bonds, shall deposit in such reserve fund from the proceeds of the bonds so to be issued, or otherwise, an amount which together with the amount then in such reserve fund, will be not less than the hospital and nursing home capital reserve fund requirement.

§ 2. This act shall take effect immediately.

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CHAPTER 473

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AN ACT to amend the election law, in relation to registration for a special election; removing references to transfer of registration and/or enrollment and to special enrollment; and reducing number of days before primary election that special federal voters who were not rega istered in state must register and enroll in party to vote thereat Became a law July 17, 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 Assembly, do enact as follows:

Section 1. Section 5-210 of the election law, the section heading and subdivisions 1, 3, 13, 14 and paragraph (b) of subdivision 5 as amended and subdivisions' 5, 6, 8 10 and 11 as renumbered by chapter 90 of the laws of 1991, subdivision 2 as amended by chapter 234 of the laws of 1976, subdivision 4 as amended by chapter 263 of the laws of 1991, the opening paragraph of subdivision 5 as amended by chapter 695 of the laws laws of 1981, paragraph (d) of subdivision 5 as amended by chapter 9 of the laws of 1978, paragraph (e) of subdivision 5 as amended by chapter

amended by chapter 79 of the laws of 1992, paragraph (j) of subdivision 5 as added laws of° 1988paragraph (k) of subdivision 5 as amended by chapter 373 1988, subparagraphs (i), (iv) and (v) of paragraph (k) of subdivision 5 as amended by chapter 786 of the laws of 1985, subparagraph (vii) of paragraph (k) of subdivision 5 as amended by chapter 164 of the laws of division 7 as added by Chapter 392 of the laws of 1990 and as renumbered by chapter 90 of the Yaws of 1991, paragraph (a) of subdivision 8 EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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amended by chapter 9 of the laws of 1978 and paragraph (c) of subdivision 8 as amended by chapter 373 of the laws of 1978, subdivision 9 as amended by chapter 407 of the laws of 1984 and as renumbered by chapter 90 of the laws of 1991, subdivision 12 as amended by chapter 9 of the laws of 1978, and as renumbered by chapter 90 of the laws of 1991, is amended to read as follows:

§ 5-210. Registration and enrollment[, transfer of registration and/or enrollment, ] and change of enrollment {and special enrollment] upon application (filed by mail or upon personal appearance at a board of elections). 1. In addition to local registration and veterans' absentee registration as provided in this chapter, any qualified person may apply personally for registration and enrollment, [transfer of registration and/or enrollment or special] change of enrollment by mail or by appearing at the board of elections on any day, except a day of election, during the hours that such board of elections is open for business,

2. Application forms for use pursuant to this section shall be furnished by a county board of elections to any, person requesting such form. Application forms sent outside of the United States to a country other than Canada or Mexico, shall be sent airmail. Each county board of elections shall also cause such application forms to be as widely and freely distributed as possible.

3. Completed application forms, when received by any county board of elections or showing a dated cancellation mark of the United States Postal Service not later than the twenty-fifth day before the next ensuing primary, ,general or special election, and received no later than the twenty-second day before such election, or delivered in person to such county board of elections not later than'the tenth day before a special election, shall entitle the applicant to vote in such election, if he is otherwise qualified. Any county board of elections receiving an application form from a person who does not reside in its jurisdiction but who does reside elsewhere in the state of New York, shall forthwith forward such application form to the proper county board of elections. Each county board of elections shall make an entry on each such form of the date it is received by such board.

4. (a) Any qualified person who has moved within the county or city of his residence after the twenty-fifth day before a general election who has been honorably discharged from the military after the twenty, fifth day before a general election or who has become a naturalized citizen after the twenty-fifth day before a general election may personally register at the board of elections in the county of his residence and vote in the general election held at least ten days after such registration.

(b) Any qualified person who is registered and enrolled and who moves within the county or city of his residence after the twenty-fifth day before a primary, election may personally register and enroll at a board of elections in the county of his residence not later than ten days before such primary election and, provided that such enrollment is in the same party as his or her previous enrollment, vote in such primary election.

5. A uniform statewide application form shall be designed by the state board of elections, which shall be compatible with local

systems of voter registration data collection and storage, and shall elicit the information required for the registration poll record. The form shall be a bifold self mailer pre-addressed to the appropriate board of elections or containing a space to permit the applicant to address the mailer to

appropriate board of elections. The form shall include such other information as the state board of elections may reasonably require and shall also include the following information:

(a) Notice that those voters currently registered do not need to reregister unless they have moved or failed to vote in at least [once at

general, special or primary election during the four preceding years] one of the last two presidential elections or in any other general, spe; cial or primary election in the period between such presidential elections.

(b) Instructions on how to fill out and submit the form and that the form' must be received by any county board of elections at least twentyfive days prior to the election at which the applicant may vote.

(c) Notice that registrations, enrollment, transfer of registration and/or enrollment, or special] and enrollment is not complete until the form is received by the appropriate county board of elections. (d) Notice of a voter's right to register [centrally or] locally.

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and sex.

(e) A warning that it is a crime to procure a false registration or to furnish false information to the board of elections.

(f) Notice that political party enrollment is optional but that, in order to vote in a primary election of a political party, a voter must enroll in that political party.

(8) Notice that the applicant must be a citizen of the United States, is or will be at least eighteen years

old not later than December thirty-first of the calendar year in which he or she registers and a resident of the county or city to which application is made.

(h) Notice that a voter notification form will be mailed to each ap-
plicant whose completed form is received.
(i) The telephone number of the county board of elections.

A space for the applicant to indicate whether or not the voter is
willing to serve on election day for a board of elections as an election
inspector, poll clerk, interpreter or in other capacities.
(k) The form shall also include space for the following information,
which must be contained on the inside of the form after it is folded for
mailing:

(i). A space for the applicant to indicate whether or not he has ever voted or registered to vote before in New York ştate and, if so,

the year in which he last voted or registered and his name and address at the time.

(ii) The name and residence address of the applicant including the zip code and apartment number,, if any.

(iii) The date and place of birth of the applicant and the name at birth, if different.

(iv) If the applicant is a naturalized citizen, the year, court and
place of naturalization and the name at the time of naturalization, if
different or, if citizenship was obtained through derivation, the name
and relationship of the person naturalized; there shall be require-
ment for the listing of a naturalization number.

(v) A description of the applicant in terms of height, color of eyes,
(vi) The name and post office address of the voter's, employer.
(vii) A space

for the applicant to indicate his choice of party enrollment, with a clear alternative provided for the applicant to decline to affiliate with any party.

(viii) A place for the applicant to execute the form on a line which is clearly labeled "signature of applicant" preceded by the following specific form of affirmation: "I affirm that the information provided herein is true and I understand that this application will be accepted for all purposes the equivalent of an affidavit, and if it contains a material false statepent, shall subject me to the same penalties for perjury if I had which form of affirmation shall be followed by a space for the date and the aforementioned line for the applicant's signature. (1) The form may also include detachable portions with space for the applicant's signature, and instructions to the voter that he must sign each of such portions.

6. A person who willfully makes a material false statement in any application for registration and enrollment and/or transfer of registration and enrollment or special enrollment by mail, or who knowingly makes a false affirmation, or who offers or attempts to offer any application for registration and enrollment or transfer of registration and enrollment or special enrollment knowing that the applicant is not qualified to register

or enroll, or transfer his registration and enrollment or to specially enroll, shall be guilty of a class E felony, 6. A uniform statewide change-of-residence registration form shall be designed by the state board of elections, such form shall be compatible with local systems of voter registration data collection and storage, and shall elicit the information required for the registration poll record as set forth pursuant to subdivision four of this section. The form shall be a postcard self-mailer which shali be pre-addressed to the appropriate board of elections or shall contain a space to permit the applicant to address the mailer to the appropriate board of elections. The form shall include such other information as the state board of elections may reasonably require and shall also include the following information: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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