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provisions of paragraph (f) of subdivision one of section twenty-eight
hundred five-k of the public health law.

§ 9. Section 6530 of the education law is amended by adding two new
subdivisions 46 and 47 to read as follows:

46. A violation of section two hundred thirty-eight of the public health law by a professional other than a professional subject to the provisions of paragraph (f), of subdivision one of section twenty-eight hundred five-k of the public health law.

47. Failure to use scientifically accepted barrier precautions and infection control practices as established by the department of health pursuant to section two hundred thirty-a of the public health law.

§ 10. This act shall take effect February 1, 1993, provided, however, that the commissioners of health and education may immediately take such steps as are necessary in order to ensure that this act is fully implemented on such effective date.

ACT 35 10005 ende:

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CHAPTER 787

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AN ACT to amend the vehicle and traffic law, in relation to the

definition of certain vehicle leases
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 Assem-
bly, do enact as follows:

Section 1. The vehicle and traffic law is amended by adding a new sec-
tion 397-b to read as follows:

§ 397-b. Vehicle leases that are not sales or security interests. Notwithstanding any other provision of law, in the case of motor vehicles trailers,

a transaction does not create a conditional sale or security interest merely because it provides that the rental price is permitted

required to be adjusted under the agreement either upward
or downward by reference to the amount realized

upon
sale or

other
disposition of the motor vehicle or trailer.
§ 2.

This act shall take effect immediately and shall apply to all
vehicle lease contracts currently in effect or which first become effec-
tive on or after such effective date.

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AN ACT to amend the vehicle and traffic law, in relation to the

definition of certain vehicle leases
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 Assem-
bly, do enact as follows:

Section 1. Section 397-b of the vehicle and traffic law, as added by a
chapter of the laws of 1992 amending the vehicle and traffic law relat-
ing to vehicle leases, as proposed in legislative bill number S. 8643 is
amended to read as follows:

§ 397-b. Vehicle leases that are not sales or security interests. Notwithstanding any other provision of law, in the case of motor vehi. cles or trailers which are not vehicles or trailers leased or used primarily for personal, family, or household purposes, a transaction does

create conditional sale or security interest merely because it provides that the rental price is permitted or required to be adjusted

CA 49

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under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer. ၌

This act shall take effect on the same date as such chapter of the laws of 1992 amending the vehicle and traffic law relating to vehicle leases as proposed in legislative bill number S. 8643 takes effect.

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CHAPTER 789

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AN ACT to amend the vehicle and traffic law, and chapter 1032 of the

laws of 1960, relating to enabling any city of one million or more to impose taxes on certain motor vehicles, in relation to the display of number plates by certain for-hire vehicles, the permitting of certain inter-municipal' transportation of persons for-hire and authorizing the department of motor vehicles to collect and administer such taxes with respect to certain motor vehicles, and to amend the administrative code of the city of New York, in relation to exempting certain motor

vehicles from the imposition of a tax on the use of motor vehicles 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. Subdivision 3 of section 250 of the vehicle and traffic law is amended by adding a new paragraph (c) to read as follows:

(c) The provisions of paragraph (a) of this subdivision, insofar as they require display of number plates issued by the commissioner, shall not apply to any motor vehicle, other than a bus, which is duly registered in another state and displays registration and number plates required by that state, which registration and number plates permit the transportation of persons for-hire within that state, provided the registrant has been issued a registration for such motor vehicle by the commissioner, has paid the appropriate annual fee as provided in schedule C of subdivision seyen of section four hundred one of this chapter and displays proof of such registration on such vehicle in accordance with regulations promulgated by the commissioner. Notwithstanding any other provision of this chapter, the commissioner need not issue number plates to the registrant when issuing a registration intended to secure the authorization for operation within this state as provided by this paragraph

§ 2. Subdivision 6 of section 401 of the vehicle and traffic law is amended by adding a new paragraph & to read as follows: 8. In

addition to the other fees provided for in this section, the commissioner shall, upon the application for the registration of a motor vehicle or the renewal thereof, collect any tax imposed pursuant to the authority of chapter one thousand thirty-two of the laws of nineteen hundred

șixty, if the city imposing such tax enacts a local law providing for the collection of such' tax by the commissioner and enters into the required agreement relating thereto,

§ 3. The vehicle and traffic law is amended by adding a new article 17-B to read as follows:

ARTICLE 17-B

as

2001731

INTER-MUNICIPAL FOR-HIRE VEHICLE OPERATION

Section 498. Inter-municipal for-hire vehicle operation.

§ 498. Inter-municipal for-hire vehicle operation. 1. Permit. Notwithstanding any inconsistent provisions of law, where a city with a population of

million or more requires the licensing of a motor vehicle used to pick up one or more passengers in such city for-hire on a prearranged basis, such vehicle may in lieu of such license be issued a perEXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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mit by such city, provided that the transportation provided by such motor vehicle complies with the requirements of paragraph (b) of subdivision four of this section and any regulations promulgated by an agency designated by such city, and provided further that the owner of such motor vehicle is the holder of a valid registration issued by the CODmissioner for which a registration fee has been paid pursuant to schedule C of subdivision seven of section four hundred one of this chapter

the holder of a registration issued by the state of residence of a non-resident of this state which is valid for the transportation of persons for-hire within that state,

2. Issuance and renewal of permit. Such city shall issue or renew such permit for each motor vehicle used in the manner described in subdivision

of this section provided that, in addition to the conditions described in subdivision one of this section :

(a) the applicant pays an annual fee for each such permit of two hundred fifty dollars; provided, however, that the annual fee for each such permit shall be one hundred dollars if:

(1) the applicant has been granted a license or permit to operate as a taxicab by a political subdivision of this state;

(ii) the applicant has entered into an agreement with the metropolitan transportation authority, the Long Island Rail Road, the Metro-North commuter railroad or a political subdivision of this state to rent space at a train station from which the applicant picks up and transports passengers for-hire that have disembarked from train service at such station; and

(iii) the only location in such city at which the applicant picks up passengers for-hire is at an airport in such city;

(b) neither the applicant nor any person or business engaged in trans; porting passengers by motor vehicle for-hire that is affiliated with such applicant has a place of business in such city, a telephone number in such city, or solicits business or specifically advertises in such

the vehicle shall be driven only by the holder of a driver's license which is valid for the for-hire operation of the vehicle in this state;

(d) the vehicle shall be driven only by the holder of a for-hire vehicle driver's license where such license is required by such city, unless such driver possesses any, license or permit that was granted by another state or political subdivision and for which such driver has been fingerprinted for the purpose of securing and reviewing his or her criminal history records;

(e) the applicant has complied with any requirements of such city, to obtain a license for the operation of two-way radio or other communications systems used for dispatching or conveying information to drivers of for-hire vehicles, provided that in no event shall the applicant de required to pay, a fee for such license; and

(f) the applicant has not had a permit revoked or has not been refused renewal of a permit pursuant to subdivision six

of this section.

Any such permit issued by such city shall be valid only while the rega istration of the vehicle remains valid.

3. Inspection. All motor vehicles that receive a permit from such city pursuant to the provisions of this section shall be inspected at official inspection stations licensed by the commissioner' pursuant to section three hundred three of this chapter at least once every four months in accordance with the regulations of the commissioner. The fees payable to the official inspection station for the inspection and the issuance of a certificate of inspection shall be the fees and charges collected pursuant to section three hundred five of this chapter. Such city may conduct on-street inspections of such motor vehicles. An owner shall be ordered by such city, to repair or replace the motor vehicle for which such permit was issued where it appears that it no longer meets the reasonable standards for safe operation prescribed by regulations of an agency designated by such city. Upon failure of such owner to have his or her motor vehicle inspected or to comply with any such order of such city within ten days after service thereof,

the permit shall be suspended. Upon failure of such owner to comply with any such order of such city within one hundred twenty days after service thereof, the permit may, at the discretion of such city, be deemed to have been abandoned by such owner.

4. Use of permit. (a) The permit issued by, such city shall be in such form and be displayed in or on the motor vehicle for which it is issued

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in such manner as an agency designated by such city shall prescribe by regulation.

(b) It shall be unlawful for any person who holds a permit to both pick up and discharge the same passenger within such city, provided, however, that where pre-arranged transportation begins with the pick up of a passenger în such city and ends with the discharge of a passenger outside of such city, the temporary, discharge and subsequent pick up of such passenger within such city during the course

of performing such pre-arranged transportation is not in violation of this section if there is no unauthorized intra-municipal transportation provided to any other person who is not covered by the pre-arranged transportation agreement during any such period of discharge.

(c) A record of each transport authorized solely by such permit shall be entered prior to the commencement of the transport in a log, carried in the vehicle in a form and manner prescribed by an agency, designated by such city by regulation and shall be kept in the vehicle during such transport and shall be subject to inspection by any police officer or peace officer acting pursuant to his or her special duties or other, per

authorized by such city. Such record shall be kept for a period of one year after such transport, Failure to present such a log maintained in the manner prescribed by agency designated by such city when requested by any police officer

peace officer or other

person authorized by such city shall be presumptive, evidence of intra-municipal operation in violation of paragraph (b) of this subdivision.

5. Civil penalties for violations. (a) Notwithstanding any inconsistent provision of law, any person who holds a permit issued pursuant to subdivision two of this section and engages in the conduct described in subparagraph one, two, three or four of this paragraph, shall be liable for civil penalty in an amount that is triple the amount of the civil penalty provided for violations of subdivision e of section 19-506 of the administrative code of the city of New York, as amended: (1) transportation of a passenger for-hire from a point in such city

to another point within such city in violation of paragraph (b) of subdivision four of this section; (2) the pick up of a passenger for-hire by other than pre-arrangement within such city; (3) failure to comply with the recordkeeping, requirements prescribed by paragraph (ç) of subdivision four of this section; or (4) failure to maintain the conditions of issuance of a permit described in subdivision two of this section.

(b) Notwithstanding any inconsistent provision of law, violations of any of the provisions of this section or of any regulations promulgated by an agency designated by such city shall by adjudicated by an administrative tribunal of an agency authorized pursuant to the charter of such city to ad judicate violations of local law, rules and regulations pertaining to for-hire vehicles as if it were a violation relating to

forhire vehicles, provided, however, that the civil penalties imposed by such administrative tribunal shall be the civil penalties provided in paragraph (a) of this subdivision. Judgments based on such ad judications may be entered and enforced without court proceedings in accordance with the provisions of such charter pertaining to the enforcement of judgments relating to for-hire vehicles. 6.

False statements. If any such city, after reviewing an application for a permit and after appropriate investigation hearing affording the applicant an opportunity to be heard, finds that the applicant nade a material false statement or concealed a material fact

in connection with

such application, such city may deny issuance of the permit or may refuse to renew, or may suspend or revoke any such permit.

7. Revocation and refusal' to renew based on past violations. Where the holder of a permit issued pursuant to this section has been found to have committed two or more violations of any of the provisions of this section with respect to a particular motor vehicle within a twelve month period, such city may revoke or refuse to renew the permit for such motor vehicle as well as the permit or permits issued pursuant to this section for other motor vehicles owned or operated by such holder. 8. Effect

of application issuance doing business or other monetary assessment. No person who applies for a permit or to whom permit is issued shall, solely be* virtue of having, applied for such permit or having been issued such permit, be deemed to be doing business

* So in original. ("be" should be "by". )
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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within such city if such person would not have been deemed to be doing business had he or she not applied for or received such permit. No person who has applied for such permit or to whom a permit is issued shall, solely by virtue of having applied for such permit or having been issued such permit, be subject to any fee, tax, assessment, or the like, other than the fee imposed pursuant to paragraph (a), of subdivision two of this section, for which such person would not have been liable had he or she not applied for or received such permit. Nothing in this section shall be construed to exempt any person from any fee, tax, assessment or the like of such city to which such person is otherwise subject.

9. Regulations. agency designated by such city is authorized to promulgate such regulations as may be necessary to implement the provisions of this section.

§ 4. Subdivision 1 of section 1 of chapter 1032 of the laws of 1960, relating to enabling any city of one million or more to impose taxes certain motor vehicles, is amended to read as follows:

(1). Notwithstanding any other provision of law to the contrary, any city having a population of one million or more is hereby authorized and empowered to adopt and amend local laws imposing in any such city taxes on commercial motor vehicles and motor vehicles used for transportation of passengers such

the legislature has or would have power and authority to impose. Such taxes may be collected and administered by the fiscal officers of such city or, subject to the provisions of subdivision ten-a of this section, by the commissioner of motor vehicles, by such means and in such manner as other taxes which are now collected and administered by such officers in accordance with the charter or administrative code of any such city or as otherwise may be provided by such local laws or any other law.

§ 5. Paragraph (c) of subdivision 2 of section 1 of chapter 1032 of the laws of 1960, relating to enabling any city of one million to impose taxes certain motor vehicles, is amended to read as follows:

"Motor vehicle for transportation of passengers. i)

a taxicab or as a coach, or any vehicle, not so licensed, which carries passengers for compensation, including limousine service, whether the compensation paid by or on behalf of the passenger is based on mileage, trip, time consumed or any other basis; and

(ii) Any omnibus , except one operated pursuant to a franchise under which'the holder of the franchise pays to such city a percentage of its gross earnings or gross receipts or one used exclusively in interstate commerce; provided' such motor vehicles, as defined in subparagraph (i) or (ii) of this paragraph, are used regularly, even though not principally, in such city; and further provided that this definition shall not be deemed to include any motor vehicle used principally for the transportation of children to and from schools [or], any motor vehicle used exclusively for transportation of persons in connection with funerals or vehicle for transportation of passengers where neither the owner of such motor vehicle nor any person or business engaged in transporting passengers by motor vehicle for-hire that is affiliated with such owner has a place of business in such city, a telephone number in such city, solicits business or specifically advertises in such city.

§ 6. Section 1 of chapter 1032 of the laws of 1960, relating to enabling any city of one million or more to impose taxes on certain motor vehicles, is amended by adding

subdivision 10-a to read as follows:

(10-a) (a) Notwithstanding any contrary provisions of this act or of any other law, any local law imposing the taxes authorized by this act may provide

that the tax imposed on commercial motor vehicles with a maximum gross weight of ten thousand pounds or less and on motor vehi; cles for transportat ion of passengers, except medallion taxicabs, shall be administered and collected by the commissioner of motor vehicles or his her agents, but only if any such motor vehicle is registered or required to be registered pursuant to any provision of section four hun; dred of the vehicle and traffic law. In the event that such local law does so provide, the commissioner of motor vehicles shall enter into

agreement with the commissioner of finance of the city imposing such tax, which agreement shall govern the administration and collection of any

such tax and which agreement shall have the force and effect of a rule or regulation of the commissioner of motor vehicles and shall be filed and published in accordance with any statutory requirements relat

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