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amount deducted or deferred from an employee's salary under a flexible benefits program established pursuant to section twenty-three of the general municipal law or section one thousand two hundred ten-a of the public authorities law.

$ 13. Subparagraph (B) of paragraph 2 of subdivision (b) of section 11-1771 of the administrative code of the city of New York, amended by chapter 746 of the laws of 1990, is amended to read as follows:

(B) Any member employee contributions to a retirement system or pension fund picked up by the employer pursuant to subdivision f of section five hundred seventeen

subdivision d of section six hundred thirteen of the retirement and social security law or section 13-225. 1, 13-327. 1 [or], 13-125. 1, 13-125.2 or 13-521.1 of the administrative code of the city of New York or subdivision nineteen of section twenty-five hundred seventy-five of the education law.

§ 14. Subsection (c) of section 92-98 of the codes and ordinances of the city of Yonkers, as amended by chapter 421 of the laws of 1991, is amended to read as follows:

(c) Wages. Wages shall mean wages as defined in subsection (a) of section thirty-four hundred one of the internal revenue code, except that (1) wages shall not include payments for active service as a member of the armed forces of the United States and shall not include, in the case of a nonresident individual or partner of a partnership doing an insurance business

member of the New York insurance exchange described in section six thousand two hundred one of the insurance law, any, item of income, gain, loss or deduction of such business which is such individual's distributive or pro rata share for federal income tax purposes or which such individual is required to take into account separately for federal income tax purposes and (2) wages shall include (i) the amount of member or employee contributions to a retirement system or pension fund picked up by the employer pursuant to subdivision f of section five hundred seventeen or subdivision d of section six hundred thirteen of the retirement and social security law or section 13-225. 1, 13-327. 1. [or], 13-125. 1, 13-125.2 or 13-521.1 of the administrative code of the city of New York or subdivision nineteen of section twenty-five hundred seventy-five of the education law, and (ii)

the amount deducted or deferred from an employee's salary under a flexible benefits program established pursuant to section twenty-three of the general municipal law or section one thousand two hundred ten-a of the public authorities law.

§ 15. Nothing contained in this act shall be construed to create any contractual right with respect to members and employees to which it applies. The provisions of this act are intended to afford members and employees the advantages of certain benefits contained in the internal revenue code, and the effectiveness and existence of this act and benefits it confers are completely contingent thereon.

§ 16. This act shall take effect immediately; provided that it shall remain in force and effect only so long as, pursuant to federal contributions picked up under this act are not includible as gross income of a member or employee for federal income tax purposes until distributed or made available to the member or employee.

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FISCAL NOTE. - This proposed legislation would provide programs under which, pursuant to Section 414(h) of the Internal Revenue Code ("IRC"), would' "pick

up" (i. e. treat as pre-tax) the required member contributions of the Tier I and Tier II civilian (i. e. non-uniformed) members of the New York City Employees' Retirement System ("NYCERS"), the New York City Teachers' Retirement System ("TRS") and the New York City

. The enactment of this proposed legislation would not result in any increase in employer contributions on account of benefits.

This enactment of this proposed legislation would result in some increase in employer administrative expenses,

This estimate is intended for use only during the 1992 Legislative Session. It is Fiscal Note No. 92-03 (Revised), dated March

1992, prepared by the Chief Actuary for the New York City Employees' Retirement System, the New York City Teachers' Retirement System and

the New York City Board of Education Retirement System. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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CHAPTER 682

2.

AN ACT to authorize the transfer of all funds of refuse and garbage dis

trict number 1 of the town of Locke, county of Cayuga, to the general

fund of such town Became a law July 31, 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:

Şection 1. Notwithstanding any other provision of law to the contrary, all moneys accumulated by refuse and garbage district number 1 of the town of Locke, county of Cayuga, which district is coterminous with the area of such town, from whatever source, which moneys remain

unexpended and constitute surplus funds no longer needed for any purpose of the refuse and garbage district, which district has ceased active business, shall be transferred to the general fund of the town of Locke, county of Cayuga; provided, that the town board of such town, after a public hearing, adopts resolution providing therefor. Any money so transferred shålı be used to pay the capital debt incurred by such town for the quisition of

real' property for a town barn and any moneys remaining thereafter, may be used for any appropriate town purpose or program the town board of the town of Locke shall determine.

§ 2. Nothing in this act shall be deemed in any way to diminish the powers, duties and functions of the refuse and garbage district number 1 of the town of Locke, county of Cayuga, as created on October 19, 1989.

§ 3. This act shall take effect immediately.

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AN ACT to amend the public authorities law, in relation to the creation

of the Oneida county sports facility authority

to be

Became a law July 31, 1992, with the approval of the Governor. Passed on

Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution. 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. Legislative findings. It is hereby found, determined and declared that the operation and maintenance of and improvements made to the facility known as Murnane Field in the city of Utica, which facility shall host amateur, professional and scholastic sports events as shall be determined by the authority and in accordance with this act, are essential to maintain the competitive position of the county of Oneida in the field of sports in relation to other counties within the state of New York and other municipalities outside the state of New York; that the maintenance of such a sports facility within the county of Oneida is in all respects beneficial to the people of the state of New York and more particularly for the people of the county of Oneida for the improvement of their health, welfare, recreation and prosperity, for the promotion of competitive sports for youth and the prevention of juvenile delinquency; and that such purposes are public purposes cannot be adequately attained except by the exercise of the powers of government and that the authority is and will be performing an essential governmental function in the exercise of the powers conferred upon it by this act.

၌ 2. Article 8 of the public authorities law is amended by adding a new title 13-L to read as follows:

which

TITLE 13-1

ONEI DA COUNTY SPORTS FACILITY AUTHORITY ACT

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Section 2052-8. Short title.

2052-b. Definitions.
2052-c. Oneida county sports facility authority.
2052-d. Powers of the authority.
2052-e. Appropriations for purposes of the authority; transfer

of property to authority; acquisition of property by
county or other municipality for authority; contract's
with county or
other municipality;

of Murnane
Field by Utica city school district.
2052-f. Governmental capacity of the authority and municipali-

ties.
2052-8. Transfer of officers and employees.
2052-h. Moneys of the authority.
2052-1. Exemption from taxes, assessments and certain fees.
2052-j. Actions against authority.
2052-X. Construction and purchase contracts.
2052-1. Interest in contracts prohibited.
2052-0. Authority shall be deemed state agency.
2052-9. Audit and annual report.
2052-0. Books and records.
2052-P. Limited liability.
2052-9. Environmental applications, proceedings, approvals and

permits.
2052-r. Separability.

2052-s. Effect of inconsistent provisions.
§ 2052-a. Short title. This title shall be known and may be cited as
the "Oneida county sports facility authority act."

§ 2052-b. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:
1. "Authority"

the corporation created by section two thousand
fifty-two-c of this title.

2. "Board" means the members of the authority constituting and acting as the governing body of the authority.

3. "Comptroller" means the comptroller of the state.

4. "Construct", "construction" or "constructed" means the acquisition,
erection, building, alteration, improvement, increase, enlargement,
tension, reconstruction, renovation rehabilitation of the sports
facility, as the case may be; the inspection and supervision thereof;
and the engineering, architectural, legal, fiscal and economic investi-
gations and studies, surveys, designs, plans, working drawings, specifi-
cations, procedure and other actions preliminary or incidental thereto.
5. "Cost"

applied to any project, includes the cost of construc-
tion, the cost of the acquisition of all property, including real
property and other property, both real, personal and mixed and improved
and un improved, the cost of the demolishing, removing or relocating of
any buildings or structures on lands so acquired, including the cost of
acquiring any, lands to which such buildings or structures may be moved
or relocated, the cost of the sports facility, machinery, apparatus and
equipment, the cost of engineering and architectural surveys, plans and
specifications, the cost of consultant and legal services, the cost of
other expenses necessary or incidental to the construction of any proj-
ect and the financing of the construction thereof and the financing of
the placing of any project in operation, including reimbursement to

the county

any municipality, state agency, the state, the United States
government or any other person for expenditures that would be costs of a
project hereunder had they been made directly by the authority.

6. "County" means the county of Oneida.
7. "County executive" means the county executive of the county, being
the chief executive officer of the county.

8. "County board of legislators" means the board of legislators of the
county.
9. "Municipality" means any

county, city, town, village, or city
school district, union free school district, central school district

school district, any other such instrumentality, including any EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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agency or public corporation of the state, or any of the foregoing or
any combination thereof.
10. "Murnane Field"

the stadium commonly known by that name, located in the city of Utica, as well as the surrounding lands, including all structures appurtenant thereto, located in the vicinity of Şunset Avenue and Burrstone Road in the city of Utica, which shall include all of the property deeded to the city of Utica by deed dated February third, nineteen hundred eight and thereafter conveyed to the Utica city school district by deed dated March fourteenth, nineteen hundred seventy-seven, except for any portions of the said property which have been appropriated by the state of New York or otherwise conveyed.

11. "Person" means any natural person, partnership, association, joint venture or corporation, exclusive of a public corporation. 12. "Project"

the sports facility, including the structures or parts thereof and appurtenances thereto, real property

any other property incidental to and included in such facility or part thereof, and any improvements, extensions and betterments. 13. "Real property"

lands, structures, franchises, rights and interests in land and air rights, and any and all things and rights included within said term and includes not only fees simple absolute, but also any and all lesser interests including, but not limited to, easements, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise and also claims for damage to real estate.

14. "Sports facility" means Murnane Field in the city of Utica. 15. "State" means the state of New York.

16. "State agency" means any, state officer, public benefit corporation, department, board, commission, bureau, division or other agency or instrumentality of the state.

$ 2052-c. Oneida county sports facility authority. 1. A public corporation, to be known as the "Oneida county sports facility, `authority" is hereby created for the public purposes and charged with the duties and having the powers provided in this title. The authority shall be a body corporate and politic constituting a public benefit corporation, the objects of which in the judgment of the legislature cannot be attained under general laws. The board of the authority shall consist of a total of seven members, three of whom shall be appointed by the county, executive, without confirmation of the county board of legislators, and four of whom shall be appointed by the county board of legislators, without county executive right to veto. The first members appointed by the county executive shall be appointed for the following terms of office: one for a term ending on December thirty-first of the first year following the year in which this title shall have become law, one for term ending December thirty-first of the third year following the year in which this title shall have become law and one for a term ending

December thirty-first of the fifth year following the year in which this title shall have become law. The first members appointed by the county board of legislators shall have the following terms of office: one for a term ending on December thirty-first of the first year following the

year in which this title shall have become law, one for a term ending on December thirty-first of the third year following the year in which this title shall have become law, and two for a term ending on December thirty-first of the fifth year following the year in which this title shall have become law. Subsequent appointments of members shall be made for a term of five years ending in each case December thirtyfirst of the last year of such term. All members shall continue to hold office until their successors are appointed and qualify. Vacancies shall be filled in the manner provided for original appointment. Vacancies, occurring otherwise than by expiration of term of office,

shall be filled by appointment for the unexpired terms. Members may be removed from office for the same reasons and in the same manner provided by law for the removal of officers of the county. The members of the authority shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in connection with the carrying out of the purposes of this title. The pow. ers of the authority shall be vested in and be exercised by the board at a meeting duly called and held where

quorum of four members are present. No action shall be taken except pursuant to the favorable vote of at least four voting members. The board may delegate to one

more of its members, officers, agents or employee's such powers and duties as it may deem proper.

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4. (a)

2. The officers of the authority shall consist of a chairman, who shall be a member of the authority, and a vice-chairman and a treasurer, who shall be members of the aụthority, and a secretary, who need not be a member of the authority. Such officers shall be appointed by the board and shall serve in such capacities at the pleasure of the board. In addition to the secretary, the board may appoint and at pleasure remove such additional officers and employees as it may determine necessary for, the performance of the powers and duties of the authority and fix and determine their qualifications, duties and compensation, subject to the provisions of the civil service law. The appointment

and

promotion of all employees of the authority shall be made in accordance with the provisions of the civil service law and county civil service rules,

and such employees shall be entitled to membership in the county pension and retirement system, and shall be entitled to the same rights and obligations thereunder as the employees of the county. The board may also from time to time contract for expert professional services, and may retain or employ counsel, auditors, engineers and private consultants on a contract basis or otherwise for rendering professional or technical services and advice. The treasurer shall execute a bond, conditioned upon the faithful performance of the duties of his or her office, the amount and sufficiency, of which shall be approved by the board and the premium therefor which shall be paid by the authority.

3. Notwithstanding any inconsistent provision of any general, special or local law, ordinance, resolution or charter, no officer, member employee of the state, any municipality or any public benefit corporation shall forfeit his or her office or employment by reason of his her acceptance of appointment as a member, officer, agent or employee of the authority, nor shall service as such member, officer, agent ployee be deemed incompatible or in conflict with such' office, membership or employment and any such officer, member or employee may accept such appointment and serve as a member, officer, agent or employee of the authority without forfeiture of any other office or position of public employment by reason thereof.

The county executive shall file on or before December thirtyfirst of the year in which this title shall have become a law, in the office of the secretary of state, & certificate signed by the county executive setting forth: (1) the name of the authority; (2) the names of the members initially appointed and their terms of office; and (3) the effective date of this title. The authority shall be perpetual in duration, except that if such certificate is not filed with the secretary of state on or before such date, then the corporate existence of the authority shall thereupon terminate and it shall thereupon be deemed to be and shall be dissolved.

(b) Except as provided in paragraph. (a) of this subdivision, the authority and its corporate existence shall continue until terminated by law. Upon termination

of

the existence of the authority, all of the rights and each project of the authority then remaining shall pass to and vest in the county.

5. It is hereby determined and declared, that the authority and the carrying out of its powers and duties are in all respects for the benefit of the people of the county and the state for the improvement of their health, welfare and prosperity and that such purposes are public purposes and that the authority is and will be performing an essential governmental function in the exercise of the powers conferred upon it by this title.

$ 2052-d. Powers of the authority. The authority shall have the power:
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;

3. To enter into contracts and to execute all instruments necessary or convenient or desirable for the purposes of the authority to carry out any powers expressly given it in this title;

4. To acquire, lease as lessee, hold and use by purchase, gift, grant, transfer, contract or lease any real or personal property any interest therein,

as the authority may deem necessary, convenient or desirable to carry out the purpose of this title. In connection with the acquisition of any such property, the authority may assume any obligations of the owner of such property and, to the extent reqạired by the

indentures or other instruments under which such obligations were issued, the authority may assume and agree to perform coveEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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