CHAPTER 585 AN ACT to amend the navigation law, in relation to Passed on Became a law July 24, 1992, with the approval of the Governor. message of necessity pursuant to Article III, section 14 of the stitution 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. Subparagraphs (ii) and (iii) of paragraph (e) of subdivision 3 of section 181 of the navigation law, as added by a chapter of the laws of 1992, amending the navigation law relating to limited immunity for persons responding to oil spills as proposed in legislative bill number S. 3429-F-A. 5327-F, are amended to read as follows: (ii) The commissioner in consultation with the superintendent of insurance may promulgate regulations requiring the owner or operator of a major facility other than a vessel to establish and maintain evidence of financial responsibility in an amount not to exceed twenty-five dollars, per incident, for each barrel of total petroleum storage capacity at the facility, subject to a maximum of one million dollars per incident per facility in an aggregate not to exceed two million dollars per facility per year; provided, however, that if the owner or operator establishes to the satisfaction of the commissioner that a lesser amount will be sufficient to protect the environment and public health, safety and welfare, the commissioner shall accept evidence of financial responsibility in such lesser amount. In determining the sufficiency of the amount of financial responsibility required under this section, the commissioner and the superintendent of insurance shall take into consideration facility size, storage capacity, throughput, proximity to environmentally sensitive areas, type of petroleum handled, and other factors relevant to the risks posed by the class or category of facility, as well as the availability and affordability of pollution liability insurance. Any regulations promulgated pursuant to this subparagraph shall not take effect until forty-eight months after the effective date of this section. (iii) Financial responsibility under this paragraph may be established by any one or a combination of the following methods acceptable to commissioner in consultation with the superintendent of insurance,]: evidence of insurance, surety bonds, guarantee, letter of credit, qualification as a self-insurer, or other evidence of financial responsibility, including certifications which qualify under the Federal Oil Pollution Act of 1990 (33 U. S. C. 2701 et seq.). the § 2. This act shall take effect on the same date as a chapter of the laws of 1992, amending the navigation law relating to limited immunity for persons responding to oil spills as proposed in legislative bill number S. 3429-F-A. 5327-F, takes effect. CHAPTER 586 condo AN ACT to amend the real property tax law, in relation to the assessment Became a law July 24, 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 opening paragraph of subdivision 2 of section 1805 of the real property tax law, as amended by chapter 771 of the laws of 1986, is amended to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law of as The assessment roll of a special assessing unit wholly contained within a city shall identify those parcels classified in class two which have fewer than eleven residential units [and which are not subject to the provisions of subdivision one of section five hundred eighty-one this chapter]. The assessor of any such special assessing unit shall not increase the assessment of any parcel so identified in any one year, measured from the actual assessment on the previous year's assessment roll, by more than eight percent and shall not increase such assessment by more than thirty percent in any five-year period. The first such five-year period shall be measured from the individual assessment appearing on the assessment roll completed in nineteen hundred eighty-one provided that, if such parcel would not have been subject to the provisions of this subdivision in nineteen hundred eighty-one had this subdivision then been in effect, the first such five-year period shall be measured from the first year after nineteen hundred eighty-one in which this subdivision applied to such parcel or would have applied to such parcel had this subdivision been in effect in such year. § 2. This act shall take effect immediately and shall apply to assessment rolls prepared pursuant to a taxable status date occurring on or after January 1, 1993. CHAPTER 587 AN ACT to amend the general business law, in relation to the posting of certain notices by parking facility operators Became a law July 24, 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 general business law is amended by adding a new section 399-v to read as follows: § 399-v. Required posting of notices by parking facility operators. 1. For purposes of this article, "parking facility" shall mean parking facilities having a parking capacity of five or more motor vehicles not owned or operated by a municipality or public authority. 2. Every parking facility shall display prominently a notice stating the name, address and telephone number of the operator of the parking facility together with the name, address and telephone number of any individual or entity authorized to tow from such parking facility any motor vehicle. 3. No owner or operator of a parking facility shall tow or authorize the towing of any motor vehicle unless such owner or operator displays a notice pursuant to subdivision two of this section. 4. Any Owner or operator of a parking facility who fails to comply with the requirements of this section shall be assessed a civil penalty not to exceed one hundred fifty dollars for each motor vehicle towed in violation of this section. 5. The provisions of this section shall not apply to cities having a population of one million or more. 6. Any person who has been injured by reason of any violation of this section may bring an action in his or her own name to enjoin such unlawful act or practice, an action to recover his or her actual damages or one hundred fifty dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may award reasonable attorney's fees to a prevailing plaintiff. 7. This section shall not annul, alter, affect or exempt any owner or operator subject to the provisions of this section from complying with the laws, ordinances, rules or regulations of any locality, relating to the posting of parking facility notices, except to the extent that these laws, ordinances, rules or regulations are inconsistent with any provi regula sion of this section, but no such local law, ordinance, rule or tion shall be considered inconsistent, if it affords greater protection to the consumer. § 2. This act shall take effect on the ninetieth day after it shall have become a law. CHAPTER 588 AN ACT to amend the family court act, in relation to authorizing the creation of an additional family court judgeship in Broome county Became a law July 24, 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 131 of the family court act is amended by adding a new subdivision (s) to read as follows: (s) In the county of Broome there shall be a total of three family court judges and the number of such judges now existing is hereby increased accordingly. The compensation of such additional family court judge shall be the same as the compensation paid to each of the existing family court judges in such county. § 2. This act shall take effect immediately; provided that the additional family court judge in the county of Broome provided for in this act shall first be elected in the general election to be held in November, 1992 and shall take office on January 1, 1993. CHAPTER 589 AN ACT to amend a chapter of the laws of 1992, as proposed in legislative bill numbers S. 3571-A-A. 5932-A, amending the family court act relating to authorizing the creation of an additional family court judgeship in Broome county, in relation to the time of election therefor Became a law July 24, 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 2 of a chapter of the laws of 1992, amending the family court act relating to authorizing the creation of an additional family court judgeship in Broome county, as proposed in legislative bill numbers S. 3571-A-A. 5932-A, is amended to read as follows: § 2. This act shall take effect immediately; provided that the additional family court judge in the county of Broome provided for in this act shall first be elected in the general election to be held in November, [1992] 1993 and shall take office on January 1, [1993] 1994. § 2. This act shall take effect on the same date as such chapter of the laws of 1992, amending the family court act relating to authorizing the creation of an additional family court judgeship in Broome county, as proposed in legislative bill numbers Š. 3571-A-A. 5932-A, takes effect. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 590 AN ACT to amend the real property law, in relation to excluding certain entities from the definition of "real estate broker" Became a law July 24, 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 1 of section 440 of the real property law, as amended by chapter 699 of the laws of 1988, is amended to read as follows: 1. Whenever used in this article "real estate broker" means any person, firm or corporation, who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in real estate, or collects or offers or attempts to collect rent for the use of real estate, or negotiates or offers or attempts to negotiate, a loan secured or to be secured by a mortgage, other than a residential mortgage loan, as defined in section five hundred ninety of the banking law, or other incumbrance upon or transfer of real estate, or is engaged in the business of a tenant relocator, or who, notwithstanding any other provision of law, performs any of the above stated functions with respect to the resale of condominium property originally sold pursuant to the provisions of the general business law governing real estate syndication offerings. In the sale of lots pursuant to the provisions of article nine-a of this chapter, the term "real estate broker" shall also include any person, partnership, association or corporation employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission, or otherwise, to sell such real estate, or any parts thereof, in lots or other parcels, and who shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange, of any such lot or parcel of real estate. For purposes of this subdivision the term, "interest in real estate" shall include the sale of a business wherein the value of the real estate transferred as part of the business is not merely incidental to the transaction, and shall not include the assignment of a lease, and further, the transaction itself is not otherwise subject to regulation under state or federal laws governing the sale of securities. In connec tion with the sale of a business the term "real estate broker" shall not include a person, firm or corporation registered pursuant to the provisions of article twenty-three-A of the general business law or federal securities laws. § 2. This act shall take effect immediately. 4 CHAPTER 591 AN ACT to amend the estates, powers and trusts law, in relation to the exercise of powers of appointment in further trust The Became a law July 24, 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. The section heading of section 10-6.6 of the estates, powers and trusts law, as amended by chapter 686 of the laws of 1967, is amended to read as follows: Exercise of a power of appointment; effect when more extensive or less extensive than authorized; trustee's authority to invade principal in trust. to § 2. Section 10-6.6 of the estates, powers and trusts law is amended by adding four new paragraphs (b), (c), (d) and (e) to read as follows: (b) Unless the terms of the instrument expressly provide otherwise: (1) A trustee, who has the absolute discretion, under the terms of a testamentary instrument or irrevocable inter vivos trust agreement, invade the principal of a trust for the benefit of the income beneficiary or income beneficiaries of the trust, may exercise such discretion by appointing so much or all of the principal of the trust in favor of a trustee of a trust under an instrument other than that under which the power to invade is created or under the same instrument with the consent of all persons interested in the trust but without prior court approval, provided, however, that (A) the exercise of such discretion does not reduce any fixed income interest of any income beneficiary of the trust* (B) the exercise of such discretion is in favor of the beneficiaries of the trust, and (C) does not violate the limitations of 11-1.7; and (2) The court having jurisdiction of a trust created under a testamentary instrument or an irrevocable inter vivos trust agreement, upon the petition of the trustee and upon notice to all persons interested in the trust, may direct a trustee, who has the absolute discretion, under the terms of a testamentary instrument or irrevocable inter vivos trust agreement, to invade the principal of the trust for the benefit of the income beneficiary or income beneficiaries, to exercise such discretion by appointing so much or all of the principal of the trust in favor of a trustee of a trust under an instrument other than that under which the power to invade is created or under the same instrument, provided, however, that (A) the exercise of such discretion does not reduce any fixed income interest of any income beneficiary of the trust, (B) the exercise of such discretion is in favor of the beneficiaries of the trust, and (C) does not violate the limitations of 11-1.7. (c) Unless the court otherwise directs, the aggregate annual and principal commissions of the trustee who invades the principal of a trust for the benefit of the income beneficiary on income beneficiaries in accordance with paragraph (b) of this section shall not be increased by the exercise of the discretion in favor of a trustee of a trust under an instrument other than that under which the power is created or under the same instrument in accordance with paragraph (b) of this section. (d) The exercise of the power to invade the principal of the trust under paragraph (b) of this section shall be by an instrument or instruments in writing, signed and acknowledged by the trustee and if under subparagraph (1) of paragraph (b) of this section shall also be signed and acknowledged by all the persons interested in the trust (or the guardian of the property, committee, conservator or personal representative of such person each of whom is hereby empowered to consent thereto without prior court approval). Such instruments shall be filed in the office of the clerk of the court having jurisdiction over the trust; and a copy thereof shall be served on all persons interested in the trust (or in the guardian of the property, committee, conservator or personal representative of such persons), by registered or certified mail, return receipt requested, or by personal delivery or upon application of the trustee in any other manner directed by the court. (e) For the purposes of this section, the phrase "all persons interested in the trust" shall mean all the persons upon whom service of process would be required in a proceeding for the judicial settlement of the account of the trustee, taking into account section three hundred fifteen of the surrogate's court procedure act. § 3. This act shall take effect immediately and shall apply to trusts whenever created. So in original. (Comma inadvertently omitted.) EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |