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plan). Notwithstanding any other provision of law, in no event
the carrier or employer be required to reimburse the insurer or health
benefits plan in an amount greater than the amount paid for medical and
hospital services for or on behalf of the injured employer by such cor-
poration or company; provided, however, if the carrier or employer does
not reimburse the insurer or health benefits plan within thirty days af-
ter the board determines that the claim is compensable, the carrier or
employer shall reimburse the insurer or health benefits plan at the
amount the carrier or employer would be obligated to reimburse the
hospital or other provider of medical services if the carrier or em-
ployer made payment directly to the provider of medical and/or hospital
services pursuant to this chapter (or, in the case of inpatient hospital
services, pursuant to paragraph (b) of subdivision one of section
twenty-eight hundred seven-c of the public health law). Upon reimburse-
ment to the insurer or health benefits plan pursuant to this subdivi-
sion, the carrier or employer shall be relieved of liability for the
medical and/or hospital services for which payment has been made by the
insurer or health benefits plan.

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(2) An insurer or health benefits plan entitled to reimbursement pursuant to paragraph one of this subdivision shall [be afforded the same rights and procedures with respect to subdivision (h) of this section only as are applicable to an employee or employer under the provisions of section twenty of this chapter] receive copies of the hearing and decision notices and shall develop with the carrier or employer its mechanisms and standard operating procedures for payment of undisputed claims for reimbursement. In cases of disputed claims for reimbursement that are filed with the board within three years of the date of payment for services rendered by the health care provider or within ninety days of the effective date of a chapter of the laws of nineteen hundred ninety-two, entitled "AN ACT to amend the workers' compensation law, in relation to reimbursement of insurers and health benefit plans", whichever is later, the sole remedy of the insurer or health benefit plan to recover on a claim arising pursuant to this subdivision shall be the submission of the controversy to mandatory arbitration or other alternative dispute resolution procedures as defined by rules and regulations promulgated by the chair in accordance with subdivision (h) of

this section.

§ 2. Paragraph 3 of subdivision (h) of section 13 of the workers' compensation law, as added by chapter 924 of the laws of 1990, is amended to read as follows:

(3) The chair shall adopt rules and regulations to carry out the provisions of this section, which rules and regulations shall provide for alternative dispute resolution procedures for settlement of disputed claims for reimbursement under subdivision (d) of this section including but not limited to referral and submission of disputed claims to mandatory arbitration with private arbitration associations. Such rules and regulations [shall provide that a case shall be reopened for the limited purpose that a health carrier did not receive the notice required by this section and] may provide for a reasonable fee to be charged to payors for [such] computer searches. Claims for computer searches submitted to the board prior to March thirty-first, nineteen hundred ninety-two, may be submitted with a payment date on or after April first, nineteen hundred eighty-eight. Claims for reimbursement submitted after March thirty-first, nineteen hundred ninety-two, shall have a payment date that is no later than three years prior to the date of submission of the claim for matching purposes to the board. If disputed, these claims shall be resolved through the dispute resolution procedures set forth in this section. Upon resolution of the reimbursement dispute in accordance with this section, the amount paid to the prevailing party shall be increased by the amount of any fee paid to the arbitrator incurred by reason of any other alternate dispute resolution procedure.

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§3. This act shall take effect immediately, except that the arbitration process provided for by the provisions of this act shall not be utilized for those claims in which judicial proceedings have been comBenced prior to such effective date.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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CHAPTER 365

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 Queens to former owners George P. Lennon and Sallie Lennon, 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. 10021, Lot No. 17 on tax map for the borough of Queens

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. On July 6, 1987, through Queens in rem tax foreclosure action #39 of 1986, the city of New York acquired title to premises designated as lot #17 in tax block 10021, also known as 143-03-102nd Avenue, in the borough of Queens, based on non-payment of taxes due to failure to receive actual notice by George P. Lennon and Sallie Lennon, the former owners 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 owners. 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 section 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 10021, lot #17, on the tax map of the city for the borough of Queens as said map was on July 6, 1987, to the former record Owners of said property on such date.

§ 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 grantees 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.

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§ 4. This chapter of the laws of 1992 shall not be deemed to be the chapter upon the effectiveness of which paragraph (2) 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 (2) shall not apply to the release and reconveyance authorized to be made herein.

§ 5. This act shall take effect immediately.

CHAPTER 366

AN ACT to amend the alcoholic beverage control law, in relation to the revocation of certain licenses to traffic in alcoholic beverages

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. Subdivision 12-b of section 3 of the alcoholic beverage control law is renumbered subdivision 12-c and a new subdivision 12-b is added to read as follows:

any

12-b. "Felony" shall mean any criminal offense classified as a felony under the laws of this state or any criminal offense committed in other state, district, or territory of the United States and classified as a felony therein which if committed within this state, would constitute a felony in this state.

§ 2. Subdivision 1 of section 126 of the alcoholic beverage control law, as amended by chapter 680 of the laws of 1967, is amended as follows:

to read

1. [A] Except as provided in subdivision one-a of this section, a person who has been convicted of a felony or any of the misdemeanors mentioned in section eleven hundred [and] forty-six of the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven, or of an offense defined in section 230.20 or 230.40 of the penal law, unless subsequent to such conviction such person shall have received an executive pardon therefor removing this disability, [or] a certificate of good conduct granted by the board of parole, or a certificate of relief from disabilities granted by the board of parole or a court of this state pursuant to the provisions of [the executive] article twenty-three of the correction law to remove the disability under this section because of such conviction.

$ 3. Section 126 of the alcoholic beverage control law is amended by adding a new subdivision 1-a to read as follows:

1-a. Notwithstanding the provision of subdivision one of this section, a corporation holding a license to traffic in alcoholic beverages shall not, upon conviction of a felony or any of the misdemeanors or offenses described in subdivision one of this section, be automatically forbidden to traffic in alcoholic beverages, but the application for a license by such a corporation shall be subject to denial, and the license of such a corporation shall be subject to revocation or Suspension by the authority pursuant to section one hundred eighteen of this chapter, consistent with the provisions of article twenty-three-A of the correction law.

§ 4. Subdivision 4 of section 126 of the alcoholic beverage control law, as amended by chapter 133 of the laws of 1982, is amended to read as follows:

4. A copartnership or a corporation, unless each member of the partnership, or each of the principal officers and directors of the corporation, 1S a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, not less than twenty-one years of age, and has not been convicted of any felony or any of the isdemeanors, specified in section eleven hundred [and] forty-six of the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven, or of an offense defined in section 230.20 or 230.40 of the penal law, or if so convicted has received, subsequent to such conviction, an executive pardon therefor removing this disability [or] a certificate of good conduct granted by the board of parole, or a certificate of relief from disabilities granted by the board of parole or a court of this state pursuant to the provisions of [the executive] article twenty-three of the correction law to remove the disability under this section because of such conviction; provided however that a corporation which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal officers and more than one-half of its directors are citizens of the United States or aliens lawfully admitted for permanent residence in the United EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

States; and provided further that a corporation organized under the notfor-profit corporation law or the education law which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal officers and more than one-half of its directors are not less than twenty-one years of age and none of its directors are less than eighteen years of age; and provided further that a corporation organized under the not-for-profit corporation law or the education law and located on the premises of a college as defined by section two of the education law which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal officers and each of its directors are not less than eighteen years of age.

§ 5. This act shall take effect immediately, provided, however, that section one of this act shall be applicable to all convictions on or after the effective date of this act, and to all convictions prior to the effective date of this act with respect to a license or licenses to traffic in alcoholic beverages in this state which otherwise continued in use and effect as of January 1, 1992, and sections two and three of this act shall be applicable to corporations which have been convicted of a felony and whose license or licenses to traffic in alcoholic beverages in this state otherwise continued in use and effect as of January 1, 1992.

CHAPTER 367

AN ACT to amend the alcoholic beverage control law, in relation to procedures for the revocation of a corporation's license to traffic in alcoholic beverages

Became a law July 14, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the stitution by a majority vote, three-fifths being present.

Con

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1-a of section 126 of the alcoholic beverage control law, as added by a chapter of the laws of 1992 amending the alcoholic beverage control law, relating to the revocation of certain licenses to traffic in alcoholic beverages, as proprosed in legislative bill numbers S. 7751-A-A. 11430-A, is amended to read as follows:

1-a. Notwithstanding the provision of subdivision one of this section, a corporation holding a license to traffic in alcoholic beverages shall not, upon conviction of a felony or any of the misdemeanors or offenses described in subdivision one of this section, be automatically forbidden to traffic in alcoholic beverages, but the application for a license by such a corporation shall be subject to denial, and the license of such a corporation shall be subject to revocation or suspension by the authority pursuant to section one hundred eighteen of this chapter, consistent with the provisions of article twenty-three-A of the correction law. For any felony conviction by a court other than a court of this state, the authority may request the board of parole to investigate and review the facts and circumstances concerning such a conviction, and the board of parole shall, if So requested, submit its findings to the authority as to whether the corporation has conducted itself in a manner such that discretionary review by the authority would not be inconsistent with the public interest. The division of parole may charge the licensee or applicant a fee equivalent to the expenses of an appropriate investigation under this subdivision. For any conviction rendered by court of this state, the authority may request the corporation, if the corporation is eligible for a certificate of relief from disabilities, to seek such a certificate from the court which rendered the conviction

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and to submit such a certificate as part of the authority's

discretion

ary review process.

§ 2. This act shall take effect on the same date as a chapter of the laws of 1992 amending the alcoholic beverage control law, relating to the revocation of certain licenses to traffic in alcoholic beverages, as proposed as legislative bill numbers S. 7751-A-A. 11430-A, takes ef

fect.

CHAPTER 368

AN ACT authorizing the commissioner of general services to sell and convey certain land to the town of Ulster

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. The commissioner of general services is authorized and empowered to sell and convey to the town of Ulster, upon terms and conditions which shall be fair and equitable, the land described in section two of this act.

§ 2. The land referred to in section one of this act is described as follows:

All that certain plot, piece or parcel of land, with the buildings and improvements hereon erected, situate, lying and being the Town of Ulster, County of Ulster, and the State of New York and bounded and described as follows:

Beginning at a point on the northwesterly side of old New York State Route U. S. 9W, said point being the most easterly corner of lands of Turkey Hill Realty Corp., Liber 1734 Page 21, said point also being the most southerly corner of the present town garage property, and running thence from said point of beginning along the southeasterly line of lands of the present town garage property, and running thence from said point of beginning along the southeasterly line of lands of the present town garage property the following courses and distances: north 41° 49' 00" east, 210.30 feet to a point; thence north 40° 10′ 50′′ east, 111. 17 feet to a point; thence along lands of the People of the State of New York, New York State Route U. S. 9W, south 86° 08′ 51′′ east, 53.97 feet to a point; thence along the northwesterly line of lands of the town of Ulster Highway Department paring area and the southeasterly line of old New York state route U. S. 9W the following courses and distances: south 40° 51′ 05′′ west, 276.54 feet to a point; thence south 41° 41' 25" west, 78.21 feet to a point; thence crossing old New York State Route U. S. 9W, north 48° 04' 00" west, 44.21 feet to the place of beginning.

3. This grant is made and accepted upon the condition that said premises shall be titled to the town of Ulster for resale purposes. In the event that said premises are not used for such purposes, the title hereby conveyed shall revert to the people of the state of New York, and the attorney general may institute an action in the supreme court for a judgment declaring a revesting of such title in the state.

$4. The commissioner of general services shall not grant the aforementioned land unless application is made therefore within one year after the effective date of this act.

§ 5. This act shall take effect immediately.

*So in original. ("as" should be "in".)

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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