Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2012-2013 state fiscal year; relates to supervision and regulation of the state gaming industry; relates to the state gaming commission (Part A); relates to transferring Belleayre Mountain ski center from the department of environmental conservation to the Olympic regional development authority (Part C); repeals provisions of law relating to direct marketing advisory councils for regional marketing areas; repeals provisions of law relating to the agricultural transportation review panel; repeals provisions of law relating to the Hudson valley agricultural advisory council; repeals provisions of law relating to the statewide wireless network advisory council; repeals provisions of law relating to the child welfare research advisory panel; repeals provisions of law relating to the boards of visitors; repeals provisions of law relating to the upstate and downstate New York tourism councils; repeals provisions of law relating to the upstate New York tourism council fund; repeals provisions of law relating to removing reference to the upstate and downstate New York tourism councils; repeals provisions of law relating to the solid waste management board; relates to removing reference to the solid waste management board; relates to doing away with a technical advisory committee and the hazardous waste disposal advisory committee; repeals provisions of law relating to the tow truck advisory board; repeals provisions of law relating to the advisory council within the New York state conservation corps; repeals provisions of law relating to the armored car carrier advisory board; relates to removing reference to the armored car carrier advisory board; repeals provisions of law relating to the Long Island Sound coastal advisory commission; repeals provisions of law relating to the barbers board; relates to doing away with the advisory committee on legal advocacy; repeals provisions of law relating to the veterans' hall of fame and the New York state veterans' hall of fame council; repeals provisions of law relating to appeal and review of matters affecting freshwater wetlands; relates to appeal and reviews of matters affecting freshwater wetlands; repeals provisions of law relating to the state environmental board; relates to removing reference to the state environmental board; repeals provisions of law relating to the regional forest practice boards and the state forest practice board; relates to removing reference to the regional forest practice boards; repeals provisions of law relating to the state home inspection council; relates to removing reference to the state home inspection council; repeals provisions of law relating to the advisory committee on the business of installing security or fire alarm systems; repeals provisions of law relating to the organic food advisory committee; repeals provisions of law relating to the New York state veterinary diagnostic laboratory; relates to duties of the New York state veterinary diagnostic laboratory and in relation to the New York state animal health issues committee; repeals provisions of law relating to the surf clam/ocean quahog management advisory board; relates to removing reference to the surf clam/ocean quahog management advisory board; repeals provisions of law relating to the breast and cervical cancer detection and education program advisory council and the ovarian cancer information advisory council; relates to creating the breast, cervical and ovarian cancer detection and education program advisory council; repeals provisions of law relating to the New York statewide law enforcement telecommunications committee (Part D).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9060C
SPONSOR: Budget TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and
breeding law, in relation to supervision and regulation of the state
gaming industry; and to amend the racing, pari-mutuel wagering and
breeding law, the general municipal law, the executive law and the tax
law, in relation to the state gaming commission; and to repeal article 1
of the racing, pari-mutuel wagering and breeding law and sections 1602
and 1603 of the tax law relating thereto (Part A); intentionally omitted
(Part B); to amend the public authorities law, in relation to trans-
ferring the Belleayre Mountain ski center from the department of envi-
ronmental conservation to the New York state Olympic regional develop-
ment authority (Part C); and to repeal section 285-a and subdivision 12
of section 283 of the agriculture and markets law, relating to direct
marketing advisory councils for regional marketing areas; to repeal
section 7 of chapter 654 of the laws of 1994, amending the transporta-
tion law and other laws relating to equipment requirements for regis-
tered farm vehicles, relating to the agricultural transportation review
panel; to repeal section 285-b of the agriculture and markets law,
relating to the Hudson valley agricultural advisory council; to repeal
article 4 of the state technology law, relating to the statewide wire-
less network advisory council; to repeal section 372-a of the social
services law, relating to the child welfare research advisory panel; to
amend the public health law, in relation to provision of information
about the abandoned infant protection act; to repeal sections 520 and
521 of the executive law, relating to the boards of visitors; to repeal
article 28 of the executive law and paragraph (p) of subdivision 1 of
section 17 of the public officers law, relating to the upstate and down-
state New York tourism councils; to repeal section 92-y of the state
finance law, relating to the upstate New York tourism council fund; to
amend the highway law and the education law, in relation to removing
reference to the upstate and downstate New York tourism councils; to
repeal section 27-0702 of the environmental conservation law, relating
to the solid waste management board; to amend the environmental conser-
vation law and the state finance law, in relation to removing reference
to the solid waste management board; to amend the public authorities
law, in relation to doing away with a technical advisory committee and
the hazardous waste disposal advisory committee and to repeal certain
provisions of law relating thereto; to repeal section 216-b of the vehi-
cle and traffic law, relating to the tow truck advisory board; to repeal
subdivision 9 of section 3.23 of the parks, recreation and historic
preservation law, relating to the advisory council within the New York
state conservation corps; to repeal section 89-mmm of the general busi-
ness law, relating to the armored car carrier advisory board; to amend
the executive law and the general business law, in relation to removing
reference to the armored car carrier advisory board and to repeal
certain provisions of the general business law relating thereto; to
repeal section 923 of the executive law, relating to the Long Island
Sound coastal advisory commission; to repeal section 433-a of the gener-
al business law, relating to the barbers board; to amend the social
services law, in relation to doing away with the advisory committee on
legal advocacy; to repeal subdivisions 8 and 9 of section 350, subdivi-
sion 16 of section 353, and sections 365, 365-a, 365-b, 365-c, 365-d,
365-e, 365-f and 365-g of the executive law, relating to the veterans'
hall of fame and the New York state veterans' hall of fame council; to
repeal title 11 of article 24 of the environmental conservation law,
relating to appeal and review of matters affecting freshwater wetlands;
to amend the environmental conservation law, in relation to appeal and
reviews of matters affecting freshwater wetlands; to repeal subdivision
3 of section 1-0303, article 5, section 19-0917 and subdivision 4 of
section 29-0103 of the environmental conservation law, relating to the
state environmental board; to amend the environmental conservation law,
in relation to removing reference to the state environmental board; to
repeal sections 9-0705, 9-0707, 9-0709 and 9-0711 of the environmental
conservation law, relating to the regional forest practice boards and
the state forest practice board; to amend the environmental conservation
law, in relation to removing reference to the regional forest practice
boards; to repeal subdivision 1 of section 444-b of the real property
law, relating to the state home inspection council; to amend the real
property law, in relation to removing reference to the state home
inspection council; to repeal subdivision 6 of section 69-n of the
general business law, in relation to the advisory committee on the busi-
ness of installing security or fire alarm systems; to repeal chapter 868
of the laws of 1976 relating to the organic food advisory committee,
relating thereto; to repeal subdivisions 6, 7, 8, and 9 of section 73-b
of the agriculture and markets law, relating to the New York state
veterinary diagnostic laboratory; to amend the agriculture and markets
law, in relation to duties of the New York state veterinary diagnostic
laboratory and in relation to the New York state animal health issues
committee; to repeal section 13-0308 of the environmental conservation
law, relating to the surf clam/ocean quahog management advisory board;
to amend the environmental conservation law and the state finance law,
in relation to removing reference to the surf clam/ocean quahog manage-
ment advisory board; to repeal section 2407 and subdivision 5 of section
2409 of the public health law, relating to the breast and cervical
cancer detection and education program advisory council and the ovarian
cancer information advisory council; to amend the public health law, in
relation to creating the breast, cervical and ovarian cancer detection
and education program advisory council; and to repeal section 844-a of
the executive law, relating to the New York statewide law enforcement
telecommunications committee (Part D)
SUMMARY: This bill provides for several State entity mergers to
enhance operational effectiveness and efficiencies of certain State
entities. Provisions contained in this bill include the following:
Part A Merge Division of Lottery and the Racing and Wagering Board into
a newly established New York State Gaming Association.
Part B Intentionally omitted.
Part C Transfer the operations and management of the Belleayre Mountain
ski Center from the Department of Environmental Conservation to the
Olympic Regional Development Authority to foster more efficient oper-
ations.
Part D Eliminate certain commissions, councils and task forces.
JUSTIFICATION: The bill provides for several State entity mergers
that seek to enhance operational effectiveness and efficiencies.
FISCAL IMPACT: Enactment of this bill is necessary to implement the
SFY 2012-13 Budget because it would allow the applicable State agencies
to operate more efficiently and focus on their core missions.
EFFECTIVE DATE: Effective immediately, with exceptions.
STATE OF NEW YORK
________________________________________________________________________
S. 6260--C A. 9060--C
SENATE - ASSEMBLY
January 17, 2012
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to supervision and regulation of the state gaming industry;
and to amend the racing, pari-mutuel wagering and breeding law, the
general municipal law, the executive law and the tax law, in relation
to the state gaming commission; and to repeal article 1 of the racing,
pari-mutuel wagering and breeding law and sections 1602 and 1603 of
the tax law relating thereto (Part A); intentionally omitted (Part B);
to amend the public authorities law, in relation to transferring the
Belleayre Mountain ski center from the department of environmental
conservation to the New York state Olympic regional development
authority (Part C); and to repeal section 285-a and subdivision 12 of
section 283 of the agriculture and markets law, relating to direct
marketing advisory councils for regional marketing areas; to repeal
section 7 of chapter 654 of the laws of 1994, amending the transporta-
tion law and other laws relating to equipment requirements for regis-
tered farm vehicles, relating to the agricultural transportation
review panel; to repeal section 285-b of the agriculture and markets
law, relating to the Hudson valley agricultural advisory council; to
repeal article 4 of the state technology law, relating to the state-
wide wireless network advisory council; to repeal section 372-a of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12675-05-2
S. 6260--C 2 A. 9060--C
social services law, relating to the child welfare research advisory
panel; to amend the public health law, in relation to provision of
information about the abandoned infant protection act; to repeal
sections 520 and 521 of the executive law, relating to the boards of
visitors; to repeal article 28 of the executive law and paragraph (p)
of subdivision 1 of section 17 of the public officers law, relating to
the upstate and downstate New York tourism councils; to repeal section
92-y of the state finance law, relating to the upstate New York tour-
ism council fund; to amend the highway law and the education law, in
relation to removing reference to the upstate and downstate New York
tourism councils; to repeal section 27-0702 of the environmental
conservation law, relating to the solid waste management board; to
amend the environmental conservation law and the state finance law, in
relation to removing reference to the solid waste management board; to
amend the public authorities law, in relation to doing away with a
technical advisory committee and the hazardous waste disposal advisory
committee and to repeal certain provisions of law relating thereto; to
repeal section 216-b of the vehicle and traffic law, relating to the
tow truck advisory board; to repeal subdivision 9 of section 3.23 of
the parks, recreation and historic preservation law, relating to the
advisory council within the New York state conservation corps; to
repeal section 89-mmm of the general business law, relating to the
armored car carrier advisory board; to amend the executive law and the
general business law, in relation to removing reference to the armored
car carrier advisory board and to repeal certain provisions of the
general business law relating thereto; to repeal section 923 of the
executive law, relating to the Long Island Sound coastal advisory
commission; to repeal section 433-a of the general business law,
relating to the barbers board; to amend the social services law, in
relation to doing away with the advisory committee on legal advocacy;
to repeal subdivisions 8 and 9 of section 350, subdivision 16 of
section 353, and sections 365, 365-a, 365-b, 365-c, 365-d, 365-e,
365-f and 365-g of the executive law, relating to the veterans' hall
of fame and the New York state veterans' hall of fame council; to
repeal title 11 of article 24 of the environmental conservation law,
relating to appeal and review of matters affecting freshwater
wetlands; to amend the environmental conservation law, in relation to
appeal and reviews of matters affecting freshwater wetlands; to repeal
subdivision 3 of section 1-0303, article 5, section 19-0917 and subdi-
vision 4 of section 29-0103 of the environmental conservation law,
relating to the state environmental board; to amend the environmental
conservation law, in relation to removing reference to the state envi-
ronmental board; to repeal sections 9-0705, 9-0707, 9-0709 and 9-0711
of the environmental conservation law, relating to the regional forest
practice boards and the state forest practice board; to amend the
environmental conservation law, in relation to removing reference to
the regional forest practice boards; to repeal subdivision 1 of
section 444-b of the real property law, relating to the state home
inspection council; to amend the real property law, in relation to
removing reference to the state home inspection council; to repeal
subdivision 6 of section 69-n of the general business law, in relation
to the advisory committee on the business of installing security or
fire alarm systems; to repeal chapter 868 of the laws of 1976 relating
to the organic food advisory committee, relating thereto; to repeal
subdivisions 6, 7, 8, and 9 of section 73-b of the agriculture and
markets law, relating to the New York state veterinary diagnostic
S. 6260--C 3 A. 9060--C
laboratory; to amend the agriculture and markets law, in relation to
duties of the New York state veterinary diagnostic laboratory and in
relation to the New York state animal health issues committee; to
repeal section 13-0308 of the environmental conservation law, relating
to the surf clam/ocean quahog management advisory board; to amend the
environmental conservation law and the state finance law, in relation
to removing reference to the surf clam/ocean quahog management advi-
sory board; to repeal section 2407 and subdivision 5 of section 2409
of the public health law, relating to the breast and cervical cancer
detection and education program advisory council and the ovarian
cancer information advisory council; to amend the public health law,
in relation to creating the breast, cervical and ovarian cancer
detection and education program advisory council; and to repeal
section 844-a of the executive law, relating to the New York statewide
law enforcement telecommunications committee (Part D)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2012-2013
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through D. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes a reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Article 1 of the racing, pari-mutuel wagering and breeding
14 law is REPEALED and a new article 1 is added to read as follows:
15 ARTICLE 1
16 SUPERVISION AND REGULATION
17 Section 100. Legislative intent.
18 101. Definitions.
19 102. New York state gaming commission.
20 103. Organization and divisions.
21 104. Powers and duties of the commission.
22 105. Quorum.
23 106. Salary and expenses.
24 107. Conflicts prohibited.
25 108. Certain restrictions on wagering.
26 109. Supplementary regulatory powers of the commission.
27 110. Statement of stockholders to be filed.
28 111. Compulsive gambling assistance.
29 112. Pari-mutuel operations; filing of tax forms and other
30 statistics.
31 113. Filing of pari-mutuel tax returns or reports by electron-
32 ic means.
33 114. Practice and procedure.
34 115. Regulatory fees.
S. 6260--C 4 A. 9060--C
1 115-a. Fee for the start of a horse in New York state pari-mutu-
2 el races.
3 116. Penalties.
4 117. Transfer of functions.
5 118. Transfer of employees.
6 119. Transfer of records.
7 120. Continuity of authority.
8 121. Completion of unfinished business.
9 122. Continuation of rules and regulations.
10 123. Terms occurring in laws, contracts and other documents.
11 124. Existing rights and remedies preserved.
12 125. Pending actions or proceedings.
13 126. Transfer of appropriations heretofore made.
14 127. Transfer of assets and liabilities.
15 128. Promulgation of rules and regulations.
16 129. Construction of other laws of provisions.
17 § 100. Legislative intent. The legislature finds and determines that
18 the gaming industries constitute a vital sector of New York state's
19 overall economy. The legislature also finds and determines that respon-
20 sive, effective, innovative, state gaming regulation is necessary to
21 operate in a global, evolving and increasingly competitive market place.
22 The legislature additionally finds and determines that this legislation
23 is necessary to modernize and transform the present state gaming agen-
24 cies into a new integrated state gaming commission.
25 The continued growth of the gaming industry will contribute to econom-
26 ic development and job creation in this state. Therefore, it is essen-
27 tial to maintain the public confidence and trust in the credibility and
28 integrity of legalized gaming activities. To ensure such public confi-
29 dence and trust, this article provides that the regulation of such
30 gaming is to be conducted in the most efficient, transparent and effec-
31 tive manner possible. By consolidating various regulatory functions into
32 a single oversight body with broad powers, this article ensures strict
33 state regulation of all corporations, associations and persons engaged
34 in gaming activity. Further, by consolidating regulatory functions into
35 a single oversight body, this article will increase efficiency, reduce
36 costs and eliminate any unnecessary redundancies in regulation. The
37 improved regulatory structure established by this article will ensure,
38 so far as practicable, the exclusion of unsuitable persons or entities
39 from participating in any legalized gaming activity within this state.
40 The goal of this article is that all gaming activity conducted in this
41 state will be of the highest integrity, credibility and quality and that
42 the best interests of the public, both gaming and non-gaming, will be
43 served. Additionally, during the term of appointment or employment,
44 every member, officer and employee of the commission shall be held to
45 the highest ethical standards and avoid any conflict of interest or
46 appearance thereof. Finally, it is determined by the legislature that
47 the public interest is best served by those persons or entities engaged
48 in gaming activity paying the cost of regulating such activity through
49 reasonable regulatory fees.
50 § 101. Definitions. As used in this article, the following terms shall
51 have the following meanings:
52 1. "Public officer" shall mean every elected state and local officer
53 and every other state and local officer, as defined in section two of
54 the public officers law, whose duties relate to pari-mutuel racing
55 activities or the taxation thereof, who is required to devote all or
56 substantially all of his or her time to the duties of his or her office
S. 6260--C 5 A. 9060--C
1 for which he or she receives compensation or if employed on a part-time
2 or other basis receives compensation in excess of twelve thousand
3 dollars per annum, a member or officer of the state legislature, a
4 member, director or officer of the state gaming commission, or any
5 regional off-track betting corporation, or a member of a local legisla-
6 tive body.
7 2. "Public employee" shall mean every person employed by the state or
8 any municipality or other political subdivision thereof or by a local
9 legislative body, other than a public officer defined in subdivision one
10 of this section, who is required to devote all or substantially all of
11 his or her time to the duties of his or her employment for which he or
12 she receives compensation, or if employed on a part-time basis receives
13 compensation in excess of twelve thousand dollars per annum, or an
14 employee of the state legislature or an employee of the state gaming
15 commission.
16 3. "Party officer" shall mean the following members or officers of any
17 political party:
18 (a) a member of a national committee;
19 (b) a chairman, vice-chairman, secretary, treasurer or counsel of a
20 state committee, or member of the executive committee of a state commit-
21 tee;
22 (c) a county leader, chairman, vice-chairman, counsel, secretary or
23 treasurer of a county committee.
24 4. "Local legislative body" shall mean the legislative body of a coun-
25 ty; the council, common council or board of aldermen and the board of
26 estimate, the board of estimate and apportionment or board of estimate
27 and contract, if there be one, of a city; the town board of a town and
28 the village board of a village.
29 5. "Gaming activity" shall mean the conduct of any form of legalized
30 gaming, including, but not limited to, Class III gaming under the Indian
31 Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., pari-mutuel wagering,
32 both on-track and off-track, bingo and charitable games of chance and
33 the state lottery for education.
34 6. "Commission" or "state gaming commission" shall mean the New York
35 state gaming commission created pursuant to section one hundred two of
36 this article.
37 § 102. New York state gaming commission. 1. There is hereby created
38 within the executive department the New York state gaming commission.
39 The commission shall consist of seven members appointed by the governor
40 by and with the advice and consent of the senate. Of the seven members,
41 one shall be appointed upon the recommendation of the temporary presi-
42 dent of the senate and one shall be appointed upon the recommendation of
43 the speaker of the assembly. All members shall continue in office until
44 their successors have been appointed and qualified.
45 2. Members of the commission shall each possess no less than five
46 years of responsible administrative experience in public or business
47 administration and have any one or more of the following qualifications:
48 (a) significant service as a certified public accountant experienced
49 in accounting and auditing,
50 (b) a comprehensive knowledge of corporate finance and securities,
51 (c) professional experience in gaming or racing regulatory adminis-
52 tration or gaming or racing industry management, or
53 (d) significant experience in the fields of criminal investigation,
54 law enforcement, or law.
55 3. A member shall be designated as chair of the commission by the
56 governor to serve in such capacity at the pleasure of the governor or
S. 6260--C 6 A. 9060--C
1 until his or her term as commission member expires, whichever first
2 occurs. The members shall be appointed for terms of five years;
3 provided, however, that initial appointments to the commission shall be
4 for terms as follows:
5 (a) one member appointed by the governor shall serve for a one year
6 term, one member appointed by the governor shall serve for a two year
7 term, one member appointed by the governor shall serve for a three year
8 term, one member appointed by the governor shall serve for a four year
9 term, one member appointed by the governor shall serve for a five year
10 term; and
11 (b) each of the members appointed by the governor upon the recommenda-
12 tion of the temporary president of the senate and upon the recommenda-
13 tion of the speaker of the assembly shall serve for a four year term.
14 4. The members shall, when performing the work of the commission, be
15 compensated at a rate of three hundred dollars per day, together with an
16 allowance for actual and necessary expenses incurred in the discharge of
17 their duties.
18 5. The members of the commission shall not hold any other public
19 office or public employment for which they shall receive compensation,
20 other than necessary travel or other expenses incurred in the perform-
21 ance of the duties of such office or employment. Members may engage in
22 private employment or in a profession or business, provided, however,
23 such employment does not interfere or conflict with the performance or
24 proper discharge of his or her duties.
25 6. Each member of the commission shall be a resident of the state of
26 New York. No member of the legislature or person holding any elective or
27 appointive office in the federal, state or local government shall be
28 eligible to serve as a member of the commission.
29 7. The governor may remove any member for inefficiency, neglect of
30 duty or misconduct in office after giving him or her a copy of the
31 charges against them, and an opportunity of being heard in person or by
32 counsel in their own defense, upon not less than ten days' notice. If
33 such member shall be removed, the governor shall file in the office of
34 the department of state a complete statement of charges made against
35 such member, and his or her findings thereon, together with a complete
36 record of the proceeding.
37 § 103. Organization and divisions. 1. The commission shall establish a
38 plan of organization and may incur expenses within the limits of funds
39 available to it. An executive director shall be appointed by the gover-
40 nor, with the advice and consent of the senate, who shall serve at his
41 or her pleasure. The executive director shall be responsible for the
42 conduct of the administrative affairs of the commission.
43 2. The commission shall establish and supervise four divisions to
44 respectively carry out responsibilities relating to the regulation and
45 enforcement of the following: lottery, charitable gaming, gaming, and
46 horse racing and pari-mutuel wagering. Each such division shall be
47 supervised by a division director, each to serve in such capacity at the
48 pleasure of the governor.
49 (a) Division of lottery. The division of lottery shall be responsible
50 to operate and administer the state lottery for education, as prescribed
51 by article thirty-four of the tax law, excepting responsibilities for
52 video lottery gaming. Notwithstanding the foregoing, the division shall
53 retain the responsibility for all aspects of promotional activities
54 related to video lottery gaming.
55 (b) Charitable gaming. The division of charitable gaming shall be
56 responsible for the supervision and administration of the games of
S. 6260--C 7 A. 9060--C
1 chance licensing law, bingo licensing law and bingo control law as
2 prescribed by articles nine-A and fourteen-H of the general municipal
3 law and nineteen-B of the executive law.
4 (c) Gaming. The division of gaming shall be responsible for the appro-
5 priate administration, regulation or oversight of Indian gaming as
6 defined by tribal-state compacts in effect pursuant to the Indian Gaming
7 Regulatory Act, 25 U.S.C. § 2701, et seq., and operation and adminis-
8 tration of video lottery gaming, as prescribed by article thirty-four of
9 the tax law.
10 (d) Horse racing and pari-mutuel wagering. The division of horse
11 racing and pari-mutuel wagering shall be responsible for the super-
12 vision, regulation and administration of all horse racing and pari-mutu-
13 el wagering activities, as prescribed by articles two through eleven of
14 this chapter.
15 § 104. Powers and duties of the commission. The commission shall have
16 the authority and responsibility:
17 1. To have general jurisdiction over all gaming activities within the
18 state and over the corporations, associations and persons engaged there-
19 in.
20 2. To hear and decide promptly and in reasonable order all license,
21 registration, certificate and permit applications, and causes affecting
22 the granting, suspension, revocation or renewal thereof, of corpo-
23 rations, associations or persons engaged or seeking to engage in gaming
24 activity.
25 3. To test or cause to have tested and approve surveillance systems,
26 games of chance, gaming devices and lottery games.
27 4. To monitor any corporation, association or person engaged in gaming
28 activity for compliance with this chapter.
29 5. To, at any time, examine the books, papers, records and accounts of
30 any corporation, association or person engaged in gaming activity pursu-
31 ant to a license, registration, franchise, certificate or permit issued
32 by the commission.
33 6. To conduct investigations and hearings pertaining to violations of
34 this chapter. Each member of the commission and such officers, employees
35 or agents of the commission as may be designated by the commission for
36 such purpose shall have the power to administer oaths and examine
37 witnesses.
38 7. Each member of the commission, and such officers, employees or
39 agents of the commission as may be designated by the commission for such
40 purpose, shall have the power to administer oaths and examine witnesses,
41 and may issue subpoenas to compel attendance of witnesses, and the
42 production of all relevant and material reports, books, papers, docu-
43 ments, correspondence and other evidence.
44 8. To collect all license and registration fees imposed by state law,
45 or rules or regulations promulgated thereunder, and any payments from an
46 Indian nation or tribe under the terms of a tribal-state compact that is
47 in effect pursuant to the federal Indian gaming regulatory act, 25
48 U.S.C. § 2701, et seq.
49 9. To levy and collect civil penalties and fines for any violation of
50 this chapter.
51 10. To be present through its employees and agents during the opera-
52 tion of any race track, gaming facility, charitable gaming organization,
53 simulcasting facility or video lottery gaming facility for the purpose
54 of certifying the revenue thereof, receiving complaints from the public
55 relating to the conduct of gaming and simulcast wagering activities,
56 examining records of revenues and procedures, and conducting periodic
S. 6260--C 8 A. 9060--C
1 reviews of operations and facilities for purposes of evaluating any
2 current or suggested provision of law, rule or regulation.
3 11. To ensure compliance with tribal-state gaming compacts that are in
4 effect pursuant to the federal Indian gaming regulatory act, 25 U.S.C. §
5 2701, et seq.
6 12. To refer to a law enforcement agency of competent jurisdiction any
7 evidence of a violation of law.
8 13. To cause background investigations to be conducted on any appli-
9 cant for a license, registration, certificate, permit or approval.
10 14. To access the criminal history records of the division of criminal
11 justice services, pursuant to subdivision eight-a of section eight
12 hundred thirty-seven of the executive law, in connection with executing
13 the responsibilities of the commission relating to the regulation, over-
14 sight, licensing, permitting or certification, including fingerprinting,
15 criminal history record checks and background investigations, of persons
16 applying to engage in gaming activities. At the request of the commis-
17 sion, the division of criminal justice services shall submit a finger-
18 print card, along with the subject's processing fee, to the federal
19 bureau of investigation for the purpose of conducting a criminal history
20 search and returning a report thereon. The commission shall also be
21 entitled to request and receive, pursuant to a written memorandum of
22 understanding filed with the department of state, any information in the
23 possession of the state attorney general relating to the investigation
24 of organized crime, gaming offenses, other revenue crimes or tax
25 evasion. Provided however, the attorney general may withhold any infor-
26 mation that (a) would identify a confidential source or disclose confi-
27 dential information relating to a criminal investigation, (b) would
28 interfere with law enforcement investigations or judicial proceedings,
29 (c) reveal criminal investigative techniques or procedures, that, if
30 disclosed, could endanger the life or safety of any person, or (d)
31 constitutes records received from other state, local or federal agencies
32 that the attorney general is prohibited by law, regulation or agreement
33 from disclosing.
34 15. (a) The commission shall have the power to appoint such deputies,
35 secretary, officers, representatives and counsel as the commission may
36 deem necessary, who shall be designated to be in the exempt class of
37 civil service. Any newly hired employees who are not designated to be
38 in the exempt class of civil service pursuant to this subdivision and
39 who are not subject to the transfer provisions set forth in section one
40 hundred eighteen of this article shall be considered for purposes of
41 article fourteen of the civil service law to be public employees in the
42 civil service of the state, and shall be assigned to the appropriate
43 collective bargaining unit. Employees serving in positions in newly
44 created titles shall be assigned to the same collective bargaining unit
45 as they would have been assigned to were such titles created prior to
46 the establishment of the commission.
47 (b) It shall be the duty of the secretary to keep a full and faithful
48 record of the proceedings of the commission, preserve at the general
49 office of the commission all books, maps, documents and papers entrusted
50 to his or her care, prepare for service such papers and notices as may
51 be required by the commission, and perform such other duties as the
52 commission may prescribe.
53 16. To operate, or immediately appoint or contract with an independent
54 third party to operate, any video lottery gaming facility subject to
55 licensure by the commission on an interim basis in the event that the
56 licensed operator or operators of such facility discontinues operations
S. 6260--C 9 A. 9060--C
1 due to financial, regulatory or any other circumstances, including, but
2 not limited to, license revocation, relinquishment or expiration, and
3 the commission determines, after notice and an opportunity for hearing,
4 that it would further the public interest to continue such operations.
5 Such operation shall be on a temporary basis, not to exceed one hundred
6 eighty days, until such time as a permanent operator is licensed and
7 authorized to operate such facility.
8 17. To retain and employ private consultants and agencies on a
9 contract basis for rendering technical or other assistance and advice
10 for the performance of its duties.
11 18. To annually report to the governor, the speaker of the assembly
12 and the temporary president of the senate, its proceedings for the
13 preceding calendar year and any suggestions and recommendations as it
14 shall deem desirable.
15 19. To promulgate any rules and regulations that it deems necessary to
16 carry out its responsibilities.
17 20. The commission shall serve as a host racing commission and an
18 off-track betting commission for purposes of 15 U.S.C. 3001, et seq.
19 § 105. Quorum. A majority of the duly appointed members of the commis-
20 sion shall constitute a quorum and not less than a majority of such
21 quorum may transact any business, perform any duty or exercise any power
22 of the commission.
23 § 106. Salary and expenses. 1. The commission shall fix the compen-
24 sation for its officers and employees within the amounts appropriated
25 therefor.
26 2. The members, officers and employees of the commission shall be
27 reimbursed for all actual and necessary traveling and other expenses and
28 disbursements incurred or made by them in the discharge of their offi-
29 cial duties.
30 § 107. Conflicts prohibited. 1. No person shall be appointed to or
31 employed by the commission if, during the period commencing three years
32 prior to appointment or employment, said person held any direct or indi-
33 rect interest in, or employment by, any corporation, association or
34 person engaged in gaming activity within the state. Prior to appointment
35 or employment, each member, officer or employee of the commission shall
36 swear or affirm that he or she possesses no interest in any corporation
37 or association holding a franchise, license, registration, certificate
38 or permit issued by the commission. Thereafter, no member or officer of
39 the commission shall hold any direct interest in or be employed by any
40 applicant for or by any corporation, association or person holding a
41 license, registration, franchise, certificate or permit issued by the
42 commission for a period of four years commencing on the date his or her
43 membership with the commission terminates. Further, no employee of the
44 commission may acquire any direct or indirect interest in, or accept
45 employment with, any applicant for or any person holding a license,
46 registration, franchise, certificate or permit issued by the commission
47 for a period of two years commencing at the termination of employment
48 with the commission.
49 2. No member, officer, official or employee of the commission shall
50 participate as an owner of a horse or otherwise as a contestant in any
51 horse race at a race meeting which is under the jurisdiction or super-
52 vision of the commission, or have any pecuniary interest, direct or
53 indirect, in the purse, prize, premium or stake contested for at any
54 such horse race or in the operations of any licensee of the commission
55 or state racing franchisee. Participation as an owner of a horse or
56 otherwise as a contestant in any such horse race by a member, officer,
S. 6260--C 10 A. 9060--C
1 other official or employee of the commission in violation of this prohi-
2 bition shall terminate the term of his or her office as a member, or his
3 or her services as an officer or official or employee of the commission.
4 3. No member, officer or employee of the commission shall wager upon
5 gaming or horse racing activity conducted within the state.
6 4. No individual employed by an off-track betting corporation or race
7 track licensed pursuant to this chapter as a pari-mutuel clerk, cashier
8 or seller shall be permitted to wager upon gaming activity during any
9 period of a day on which such person is employed in such capacity.
10 5. No public officer or party officer shall hold any racing or video
11 lottery gaming license from the commission.
12 6. The following public employees are prohibited from holding any
13 license from the commission:
14 (a) an employee of the commission; any director or employee of a
15 regional off-track betting corporation employed in a management, confi-
16 dential or supervisory capacity for purposes of their position with
17 off-track betting; or
18 (b) an employee of the state legislature; provided, however, that an
19 employee of the state legislature whose duties in such position do not
20 relate to gaming activities shall not be subject to the prohibitions of
21 this section if he or she held a license from the former state racing
22 and wagering board while employed by the state legislature prior to July
23 first, nineteen hundred eighty; or
24 (c) an employee of any local legislative body whose duties involve
25 gaming activities; or
26 (d) an employee of any state or local board, agency, authority or
27 other state or local governmental body, the duties of which relate to
28 gaming activities or the taxation thereof.
29 7. No public officer, public employee or party officer shall:
30 (a) own or hold, directly or indirectly, any proprietary interest,
31 stock or obligation of any firm, association or corporation (i) which is
32 licensed by the commission to conduct video lottery gaming or horse
33 racing activities, or (ii) which conducts its occupation, trade, or
34 business at a racetrack at which pari-mutuel race meets are conducted or
35 facility where video lottery gaming activity is conducted whether or not
36 a license is required, or (iii) which owns or leases to any enfranchised
37 or licensed association or corporation a racetrack at which pari-mutuel
38 racing is conducted or facility where video lottery gaming activity is
39 conducted, or (iv) which participates in the management of any franchise
40 holder or licensee conducting video lottery gaming or horse racing
41 activities; or
42 (b) hold any office or employment with any firm, association or corpo-
43 ration specified in paragraph (a) of this subdivision, except as
44 provided in subdivision eight of this section; or
45 (c) sell, or be a member of a firm, or own ten per centum or more of
46 the stock of any corporation, which sells any goods or services to any
47 firm, association or corporation specified in paragraph (a) of this
48 subdivision. For purposes of this subdivision, a direct or indirect
49 interest shall not include an interest in a mutual fund or any other
50 diversified investments over which the recipient does not know the iden-
51 tity of the primary source of income.
52 8. The provisions of paragraph (b) of subdivision seven of this
53 section shall not apply to a public employee other than an employee of
54 the commission, a police officer or a peace officer employed by a sher-
55 iff's office, district attorney's office or other state or local law
56 enforcement agency, or those employees classified as management confi-
S. 6260--C 11 A. 9060--C
1 dential employees pursuant to section two hundred fourteen of the civil
2 service law who are employed by a state or local law enforcement agency
3 or regional off-track betting corporation; provided, however, that
4 employment of employees of a political subdivision may be prohibited by
5 ordinance, resolution or local law adopted by the local legislative body
6 or other governing board of such political subdivision.
7 9. The commission shall have the power to refuse to grant or to revoke
8 or suspend a license of any person, association or corporation that aids
9 or knowingly permits or conspires to permit any public officer, public
10 employee or party officer to acquire or retain any interest prohibited
11 by this section and shall have the power to exclude from the grounds of
12 any racing association any such person, association or corporation.
13 10. Notwithstanding any other provision of law, and in addition to any
14 other cause of removal provided by law, an intentional violation of this
15 section shall be cause for removal from public office, public employment
16 or party office. In any such case, such public officer, public employee
17 or party officer violating this section shall be removed from office by
18 the appropriate authority having the power of removal or at the suit of
19 the attorney general. Further, such public officer, public employee or
20 party officer shall be liable for a civil penalty of not more than ten
21 thousand dollars.
22 § 108. Certain restrictions on wagering. 1. No corporation, associ-
23 ation or person which holds a license, registration, franchise, certif-
24 icate or permit issued by the commission shall directly extend credit
25 for any wager under this chapter.
26 2. No corporation, association or person that holds a license, regis-
27 tration, franchise, certificate or permit issued by the commission shall
28 permit any person who is actually or apparently under eighteen years of
29 age to bet on gaming activity, as defined in subdivision five of section
30 one hundred one of this article.
31 § 109. Supplementary regulatory powers of the commission. Notwith-
32 standing any inconsistent provision of law, the commission through its
33 rules and regulations or in allotting dates for racing, simulcasting or
34 in licensing race meetings at which pari-mutuel betting is permitted
35 shall be authorized to:
36 1. permit racing at which pari-mutuel betting is conducted on any or
37 all dates from the first day of January through the thirty-first day of
38 December, inclusive of Sundays but exclusive of December twenty-fifth,
39 Palm Sunday and Easter Sunday; and
40 2. fix minimum and maximum charges for admission at any race meeting.
41 § 110. Statement of stockholders to be filed. Every corporation or
42 association authorized under this chapter to conduct pari-mutuel betting
43 at a race meeting or races run thereat shall file with the commission a
44 statement giving the names and addresses of all its stockholders and
45 shall likewise file revised statements giving such names and addresses
46 from time to time as changes occur.
47 § 111. Compulsive gambling assistance. 1. The commission shall cooper-
48 ate with the commissioner of alcoholism and substance abuse services to
49 ensure the posting of signs and listing of information on the internet
50 designed to assist compulsive gamblers pursuant to the provisions of
51 subdivision (h) of section 19.09 of the mental hygiene law.
52 2. (a) The commission shall promulgate rules and regulations pursuant
53 to which people may voluntarily exclude themselves from entering the
54 premises of an association or corporation licensed or enfranchised by
55 the commission pursuant to this chapter.
S. 6260--C 12 A. 9060--C
1 (b) An association or corporation licensed or enfranchised pursuant to
2 this chapter shall not be liable to any self-excluded person or to any
3 other party in any judicial proceeding for any harm, monetary or other-
4 wise, which may arise as a result of a self-excluded person's engaging
5 in gaming activity while on the list of self-excluded persons; provided
6 that nothing contained in this paragraph shall limit the liability of
7 any such association, corporation, or facility for any other acts or
8 omissions under any other statutory law or under the common law.
9 (c) No voluntary order or request to exclude persons from entering the
10 premises of any such association, corporation, or facility may be
11 rescinded, canceled, or declared null and void until seven days after a
12 request has been received by such association, corporation, or facility
13 to cancel such order or request.
14 3. The commission shall promulgate rules and regulations under which a
15 person with an account authorized pursuant to section one thousand
16 twelve of this chapter may voluntarily place limits on the amounts of
17 his or her wagers or potential wagers on a daily or weekly basis. No
18 order from a person to remove any limit placed on account wagers shall
19 be effective until seven days after it has been received by the entity
20 conducting account wagering.
21 § 112. Pari-mutuel operations; filing of tax forms and other statis-
22 tics. The commission and the commissioner of taxation and finance shall
23 approve all systems used for data processing and communications in the
24 operation of pari-mutuel betting and, in its discretion, the commission
25 may establish, by regulation, uniform protocols to be employed for the
26 merging of wagers deposited with one pari-mutuel operator with the
27 wagers deposited with another pari-mutuel operator.
28 § 113. Filing of pari-mutuel tax returns or reports by electronic
29 means. Every corporation or association authorized by this chapter to
30 conduct pari-mutuel betting on horse races shall file in a timely manner
31 pari-mutuel tax returns or other reports relating to such activity in
32 such form and by such means, including electronic means, as may be
33 prescribed by the commission or the commissioner of taxation and
34 finance, as the case may be in accordance with the provisions of this
35 chapter.
36 § 114. Practice and procedure. The provisions of article twenty-seven
37 of the tax law, except sections one thousand eighty-five and one thou-
38 sand ninety-seven, shall apply to the provisions of this chapter in the
39 same manner and with the same force and effect as if the language of
40 such article had been incorporated in full into this chapter and had
41 expressly referred to the admission taxes, pari-mutuel revenue taxes,
42 the franchise fee on a franchised corporation and unpaid money due on
43 account of pari-mutuel tickets not presented, administered by the
44 commissioner of taxation and finance, under this chapter, with such
45 modifications as may be necessary in order to adapt the language of such
46 provisions to such taxes, fee and unpaid money due, except to the extent
47 that any provision of such article is either inconsistent with a
48 provision of this chapter or is not relevant to this chapter.
49 § 115. Regulatory fees. 1. Payment of the regulatory fees imposed by
50 this chapter shall be made to the commission by each entity required to
51 make such payments on the last business day of each month and shall
52 cover the fees due for the period from the sixteenth day of the preced-
53 ing month through the fifteenth day of the current month, provided
54 however that all such payments required to be made on March thirty-first
55 shall include all fees due and accruing through the last full week of
56 racing of the current year or as otherwise determined by the commission
S. 6260--C 13 A. 9060--C
1 and shall be accompanied by a report under oath, showing such informa-
2 tion as the commission may require. A penalty of five percent, and
3 interest at the rate of one percent per month from the date the report
4 is required to be filed to the date of the payment of the fee shall be
5 payable in case any fee imposed by this chapter is not paid when due. If
6 the commission determines that any regulatory fees received by it under
7 this chapter were paid in error, the commission may cause the same to be
8 refunded without interest out of any monies collected thereunder,
9 provided an application therefor is filed with the commission within one
10 year from the time the erroneous payment is made.
11 2. The commission or its duly authorized representatives shall have
12 the power to examine or cause to be examined the books and records of
13 each entity required to pay the regulatory fee imposed by this chapter
14 for the purpose of examining and checking the same and ascertaining
15 whether or not the proper amount or amounts due are being paid. If in
16 the opinion of the commission, after such examination, any such report
17 is incorrect, the commission is authorized to issue an assessment fixing
18 the correct amount of such fee. Such assessments may be issued within
19 three years from the filing of any report. Any such assessment shall be
20 final and conclusive unless an application for a hearing is filed by the
21 reporting entity within thirty days of the assessment. The action of the
22 commission in making such final assessment shall be reviewable in the
23 supreme court in the manner provided by and subject to the provisions of
24 article seventy-eight of the civil practice law and rules.
25 3. The commission shall submit to the director of the budget an annual
26 plan that details the amount of money the commission deems necessary to
27 maintain the operations, compliance and enforcement of the provisions of
28 this chapter. Contingent upon approval of the director of the budget,
29 the commission shall pay into an account, to be known as the racing
30 regulation account, under the joint custody of the comptroller and the
31 commission, the total amount of the regulatory fees collected pursuant
32 to this chapter. With the approval of the director of the budget, monies
33 to be utilized to maintain the operations necessary to implement the
34 provisions of this chapter shall be paid out of such account on the
35 audit and warrant of the comptroller on vouchers certified and approved
36 by the director of the budget or his duly designated official.
37 § 115-a. Fee for the start of a horse in New York state pari-mutuel
38 races. 1. In order to provide supplemental funding to support the oper-
39 ations of the commission, a fee in the amount of ten dollars shall be
40 assessed and paid upon every horse entered in a pari-mutuel race in New
41 York state that actually starts in the race. Such fee shall be refunded
42 to the owner or credited to the owner's account in the event the horse
43 does not actually start in the race. The commission shall, as a condi-
44 tion of racing, require any corporation authorized under this chapter to
45 conduct pari-mutuel betting at a race meeting or races run thereat, to
46 require that each owner racing a horse shall have placed on deposit at
47 the time of entry with the horsemen's bookkeeper or similar office of
48 such corporation the required fee in the amount of ten dollars per horse
49 entered in a pari-mutuel race. Unless refunded or credited, the total
50 fee amount collected during the preceding month by the horsemen's book-
51 keeper or similar office of such corporation shall be paid to the
52 commission on the first business day of each month. Payment shall be
53 accompanied by a report, under oath, showing such information as the
54 commission may require. A penalty of five percent, and interest at the
55 rate of one percent per month from the date the report is required to be
56 filed to the date of the payment of the fee, shall be payable in case
S. 6260--C 14 A. 9060--C
1 any fee imposed by this subdivision is not paid when due. If the commis-
2 sion determines that any fees received by it under this subdivision were
3 paid in error, the commission may cause the same to be refunded without
4 interest out of any monies collected hereunder, provided an application
5 therefor is filed with the commission within one year from the time the
6 erroneous payment is made.
7 2. The commission or its duly authorized representatives shall have
8 the power to examine or cause to be examined the books and records of
9 such corporations required to pay over the fee imposed by this section
10 for the purpose of examining and checking the same and ascertaining
11 whether the proper amount or amounts due are being paid. If in the opin-
12 ion of the commission, after such examination, any such report is incor-
13 rect, the commission is authorized to issue an assessment fixing the
14 correct amount of such fee. Such assessments may be issued within three
15 years from the filing of any report. Any such assessment shall be final
16 and conclusive unless an application for a hearing is filed by the
17 reporting entity within thirty days of the assessment. The action of the
18 commission in making such final assessment shall be reviewable in the
19 supreme court in the manner provided by and subject to the provisions of
20 article seventy-eight of the civil practice law and rules.
21 3. The commission shall pay into the racing regulation account, under
22 the joint custody of the comptroller and the commission, the total
23 amount of the fees collected pursuant to this section. With the approval
24 of the director of the budget, monies to be utilized to pay the costs
25 and expenses of the operations of the commission shall be paid out of
26 such account on the audit and warrant of the comptroller on vouchers,
27 certified and approved by the director of the budget or his or her duly
28 designated official.
29 § 116. Penalties. Notwithstanding any inconsistent provision of law,
30 any person or entity that violates any provision of this chapter, or any
31 rule, regulation or order promulgated thereto, or the terms and condi-
32 tions of any license, permit or approval issued thereunder, shall be
33 liable to a civil penalty of not more than twenty-five thousand dollars
34 for each violation, and an additional civil penalty of not more than
35 twenty-five thousand dollars for each day during which such violation
36 continues. Any civil penalty may be assessed by the commission following
37 a hearing or opportunity to be heard.
38 § 117. Transfer of functions. All of the functions and powers
39 possessed by and the obligations and duties of the former racing and
40 wagering board and its predecessors and the division of the lottery and
41 its predecessors are hereby transferred to the commission.
42 § 118. Transfer of employees. 1. Upon the transfer of functions,
43 powers, duties and obligations to the commission pursuant to this arti-
44 cle, provision shall be made for the transfer of all employees from the
45 former division of the lottery and former racing and wagering board into
46 the commission. Employees so transferred shall be transferred without
47 further examination or qualification to the same or similar titles,
48 shall remain in the same collective bargaining units and shall retain
49 their respective civil service classifications, status and rights pursu-
50 ant to their collective bargaining units and collective bargaining
51 agreements.
52 2. A transferred employee shall remain in the same collective bargain-
53 ing unit as was the case prior to his or her transfer; successor employ-
54 ees to the positions held by such transferred employees shall, consist-
55 ent with the provisions of article fourteen of the civil service law, be
56 included in the same unit as their predecessors. Employees other than
S. 6260--C 15 A. 9060--C
1 management or confidential persons as defined in article fourteen of the
2 civil service law serving positions in newly created titles shall be
3 assigned to the appropriate bargaining unit. Nothing contained herein
4 shall be construed to affect:
5 (a) the rights of employees pursuant to a collective bargaining agree-
6 ment;
7 (b) the representational relationships among employee organizations or
8 the bargaining relationships between the state and an employee organiza-
9 tion; or
10 (c) existing law with respect to an application to the public employ-
11 ment relations board, provided, however, that the merger of such negoti-
12 ating units of employees shall be effected only with the consent of the
13 recognized and certified representative of such units and of the depart-
14 ment of law.
15 § 119. Transfer of records. All books, papers, records and property of
16 the former division of the lottery and former racing and wagering board
17 and its predecessors with respect to the functions, powers, duties and
18 obligations transferred by this article are to be delivered to the
19 appropriate successor offices within the commission, at such place and
20 time, and in such manner as the chair of the commission may require.
21 § 120. Continuity of authority. For the purpose of succession to all
22 functions, powers, duties and obligations of the former division of the
23 lottery and former racing and wagering board transferred to and assumed
24 by the commission, such commission shall be deemed to and held to
25 constitute the continuation of such functions, powers, duties and obli-
26 gations, and not a different agency or authority.
27 § 121. Completion of unfinished business. Any business or other matter
28 undertaken or commenced by the former division of the lottery and the
29 former racing and wagering board pertaining to or connected with the
30 functions, powers, duties and obligations transferred and assigned to
31 the state gaming commission and pending on the effective date of this
32 article shall be conducted and completed by the appropriate successor
33 offices within the commission in the same manner and under the same
34 terms and conditions and with the same effect as if conducted and
35 completed by the former division of the lottery and former racing and
36 wagering board.
37 § 122. Continuation of rules and regulations. All rules, regulations,
38 acts, orders, determinations, and decisions of the former division of
39 the lottery and former racing and wagering board in force at the time of
40 such transfer and assumption, shall continue in force and effect as
41 rules, regulations, acts, orders, determinations and decisions of the
42 commission until duly modified or abrogated by such commission.
43 § 123. Terms occurring in laws, contracts and other documents. Unless
44 the context shall otherwise require, whenever the "racing and wagering
45 board" or "board", "state racing commission", "state harness racing
46 commission", "state quarter horse racing commission", or "division of
47 the lottery" are referred to or designated in any law, contract or docu-
48 ment pertaining to the functions, powers, obligations and duties trans-
49 ferred and assigned to the commission, such reference or designation
50 shall be deemed to refer to the "state gaming commission".
51 § 124. Existing rights and remedies preserved. No existing right or
52 remedy of any character shall be lost, impaired or affected by reason of
53 the transfer or assignment of functions, powers, obligations and duties
54 from the former division of the lottery and former racing and wagering
55 board to the commission.
S. 6260--C 16 A. 9060--C
1 § 125. Pending actions or proceedings. No action or proceeding pending
2 at the time that this article shall take effect relating to the func-
3 tions, powers and duties of the former division of the lottery and
4 former racing and wagering board transferred pursuant to this article,
5 brought by or against the former division of the lottery or former
6 racing and wagering board, or the officers thereof, shall be affected by
7 the transfer or assignment of functions, powers, obligations and duties
8 from the former division of the lottery and former racing and wagering
9 board to the commission, but the same may be prosecuted or defended in
10 the name of the commission. In all such actions and proceedings, the
11 commission, upon application to the court, shall be substituted as a
12 party.
13 § 126. Transfer of appropriations heretofore made. Subject to the
14 approval of the director of the budget, any and all appropriations and
15 reappropriations heretofore made to the former division of the lottery
16 and former racing and wagering board for the functions and purposes
17 transferred by this article to the commission to the extent of remaining
18 unexpended or unencumbered balances thereof, whether allocated or unal-
19 located and whether obligated or unobligated, are hereby transferred to
20 and made available for use and expenditure by the commission for the
21 same purposes for which originally appropriated or reappropriated and
22 shall be payable on vouchers certified or approved by the chair of the
23 commission or his or her designee on audit and warrant of the comp-
24 troller. Payments for liabilities for expenses of personal services,
25 maintenance and operation heretofore incurred by and for liabilities
26 incurred and to be incurred in completing the affairs of the former
27 division of the lottery and former racing and wagering board with
28 respect to the powers, duties and functions transferred herein, shall
29 also be made on vouchers or certificates approved by the chair of the
30 commission or his or her designee on audit and warrant of the comp-
31 troller.
32 § 127. Transfer of assets and liabilities. All assets and liabilities
33 of the former division of the lottery and former racing and wagering
34 board are hereby transferred to and assumed by the commission.
35 § 128. Promulgation of rules and regulations. Notwithstanding any
36 inconsistent provision of the state administrative procedure act, the
37 commission shall be authorized to promulgate regulations on an emergency
38 basis to ensure the implementation of this article.
39 § 129. Construction of other laws or provisions. Unless the context
40 shall require otherwise, the terms "division of the lottery", "state
41 quarter horse racing commission", "state racing commission", "state
42 harness racing commission", "state racing and wagering board" or "board"
43 wherever occurring in any of the provisions of this chapter or of any
44 other law, or, in any official books, records, instruments, rules or
45 papers, shall hereafter mean and refer to the state gaming commission
46 created by section one hundred two of this article. The provisions of
47 article three of this chapter shall be inapplicable to article two of
48 this chapter; and the provisions of such article two shall be inapplica-
49 ble to such article three, except that section two hundred thirty-one of
50 such article two shall apply to such article three.
51 § 2. Subdivision 2 of section 186 of the general municipal law, as
52 amended by chapter 574 of the laws of 1978, is amended to read as
53 follows:
54 2. "Board" shall mean New York state [racing and wagering board]
55 gaming commission created pursuant to section one hundred two of the
56 racing, pari-mutuel wagering and breeding law.
S. 6260--C 17 A. 9060--C
1 § 3. Subdivision 2 of section 476 of the general municipal law, as
2 amended by chapter 46 of the laws of 1977, is amended to read as
3 follows:
4 2. "Control commission" or "commission" shall mean the New York state
5 [racing and wagering board] gaming commission created pursuant to
6 section one hundred two of the racing, pari-mutuel wagering and breeding
7 law.
8 § 4. Subdivision 1 of section 432 of the executive law, as amended by
9 chapter 46 of the laws of 1977, is amended to read as follows:
10 1. "Control commission" or "commission" shall mean the New York state
11 [racing and wagering board] gaming commission created pursuant to
12 section one hundred two of the racing, pari-mutuel wagering and breeding
13 law.
14 § 5. The racing, pari-mutuel wagering and breeding law is amended by
15 adding a new article 12 to read as follows:
16 ARTICLE 12
17 OFFICE OF RACING PROMOTION AND DEVELOPMENT
18 Section 1201. New York state office of racing promotion and development.
19 1202. Use of service employees.
20 § 1201. New York state office of racing promotion and development.
21 There is hereby created within the New York state gaming commission a
22 separate and independent office of racing promotion and development. The
23 office shall promote the breeding of horses and the conduct of equine
24 research in this state and shall administer the "state thoroughbred
25 breeding and development fund", "agriculture and New York state horse
26 breeding development fund" and "New York state quarter horse breeding
27 and development fund corporation."
28 § 1202. Use of service employees. The office shall utilize, pursuant
29 to a contract approved by the director of the budget, the service
30 employees of the state gaming commission.
31 § 6. Sections 1602 and 1603 of the tax law are REPEALED and two new
32 sections 1602 and 1603 are added to read as follows:
33 § 1602. Definitions. As used in this article:
34 1. "Lottery" means the lottery operated by the state pursuant to this
35 article.
36 2. "Division": (a) means the division of the lottery, as established
37 within the New York state gaming commission; and (b) for the purposes of
38 section sixteen hundred seventeen-a of this article, the term "division
39 of the lottery" or "division" means the "division of gaming" as created
40 pursuant to section one hundred two of the racing, pari-mutuel wagering
41 and breeding law.
42 3. "Commissioner" means the commissioner of taxation and finance or
43 his or her duly appointed delegate.
44 4. "Commission" means the New York state gaming commission.
45 5. "Director" means the director of the division of the lottery,
46 except for purposes of paragraph four of subsection c of section one
47 thousand six hundred thirteen and sections one thousand six hundred
48 fourteen and one thousand six hundred fifteen of this chapter the term
49 "director" shall mean the "commission".
50 § 1603. Division of the lottery. There is hereby created within the
51 commission the division of the lottery.
52 § 7. Subdivision 3 of section 252 of the racing, pari-mutuel wagering
53 and breeding law, such section as renumbered by chapter 18 of the laws
54 of 2008, is amended to read as follows:
55 3. The board may delegate to one or more of the directors[,] or offi-
56 cers[, agents or employees] of the fund such powers and duties as it may
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1 deem proper and [may] shall utilize, pursuant to a contract approved by
2 the director of the budget, the service employees of the state [racing
3 and wagering board] gaming commission and the state office of racing
4 promotion and development.
5 § 8. Subdivision 3 of section 431 of the racing, pari-mutuel wagering
6 and breeding law is amended to read as follows:
7 3. The board may delegate to one or more of the directors[,] or offi-
8 cers[, agents or employees] of the fund such powers and duties as it may
9 deem proper and [may] shall utilize, pursuant to a contract approved by
10 the director of the budget, the service employees of the state [racing
11 and wagering board] gaming commission and the state office of racing
12 promotion and development.
13 § 9. Subdivision 1 of section 169 of the executive law, as added by
14 chapter 986 of the laws of 1984, paragraph (a) as amended by section 94
15 of subpart B of part C of chapter 62 of the laws of 2011, paragraphs (b)
16 and (e) as amended by section 14 of part A of chapter 62 of the laws of
17 2011, paragraph (c) as separately amended by section 66 of part A and
18 section 2 of part W of chapter 56 of the laws of 2010, paragraph (d) as
19 amended by chapter 220 of the laws of 2005, and paragraph (f) as sepa-
20 rately amended by section 1 of part E and section 1 of part H of chapter
21 57 of the laws of 2011, is amended to read as follows:
22 1. Salaries of certain state officers holding the positions indicated
23 hereinbelow shall be as set forth in subdivision two of this section:
24 (a) commissioner of corrections and community supervision, commission-
25 er of education, commissioner of health, commissioner of mental health,
26 commissioner of developmental disabilities, commissioner of children and
27 family services, commissioner of temporary and disability assistance,
28 chancellor of the state university of New York, commissioner of trans-
29 portation, commissioner of environmental conservation, superintendent of
30 state police, commissioner of general services [and], commissioner of
31 the division of homeland security and emergency services and the execu-
32 tive director of the state gaming commission;
33 (b) commissioner of labor, chairman of public service commission,
34 commissioner of taxation and finance, superintendent of financial
35 services, commissioner of criminal justice services, and commissioner of
36 parks, recreation and historic preservation;
37 (c) commissioner of agriculture and markets, commissioner of alcohol-
38 ism and substance abuse services, adjutant general, commissioner and
39 president of state civil service commission, commissioner of economic
40 development, chair of the energy research and development authority,
41 president of higher education services corporation, commissioner of
42 motor vehicles, member-chair of board of parole, chair of public employ-
43 ment relations board, secretary of state, [chair of the state racing and
44 wagering board,] commissioner of alcoholism and substance abuse
45 services, executive director of the housing finance agency, commissioner
46 of housing and community renewal, executive director of state insurance
47 fund, commissioner-chair of state liquor authority, chair of the work-
48 ers' compensation board;
49 (d) director of office for the aging, commissioner of human rights,
50 commissioners of the department of public service, chairman of state
51 commission on quality of care for the mentally disabled, chairman of
52 commission on alcoholism and substance abuse prevention and education,
53 executive director of the council on the arts and executive director of
54 the board of social welfare;
55 (e) chairman of state athletic commission, director of the office of
56 victim services, chairman of human rights appeal board, chairman of the
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1 industrial board of appeals, chairman of the state commission of
2 correction, members of the board of parole[, members of the state racing
3 and wagering board], member-chairman of unemployment insurance appeal
4 board, director of veterans' affairs, and vice-chairman of the workers'
5 compensation board;
6 (f) executive director of adirondack park agency, members of state
7 commission of correction, members of unemployment insurance appeal
8 board, and members of the workers' compensation board.
9 § 10. Terms. (a) Wherever the term "racing and wagering board", "state
10 racing commission" or "state harness racing commission" appears in the
11 executive law, the general municipal law, article 34 of the tax law or
12 the racing, pari-mutuel wagering and breeding law or otherwise in the
13 consolidated or unconsolidated laws of this state, such term is hereby
14 changed to "state gaming commission".
15 (b) Wherever the term "chairman of the racing and wagering board"
16 appears in the consolidated or unconsolidated laws of this state, such
17 term is hereby changed to "chair of the state gaming commission".
18 (c) The legislative bill drafting commission is hereby directed to
19 effectuate this provision, and shall be guided by a memorandum of
20 instruction setting forth the specific provisions of law to be amended.
21 Such memorandum shall be transmitted to the legislative bill drafting
22 commission within sixty days of the effective date of this provision.
23 Such memorandum shall be issued jointly by the governor, the temporary
24 president of the senate and the speaker of the assembly, or by the dele-
25 gate of each.
26 § 11. Subdivision 1 of section 252 of the racing, pari-mutuel wagering
27 and breeding law, as amended by chapter 197 of the laws of 2007 and such
28 section as renumbered by chapter 18 of the laws of 2008, is amended to
29 read as follows:
30 1. A corporation to be known as the New York state thoroughbred breed-
31 ing and development fund corporation is hereby created. Such corporation
32 shall be a body corporate and politic constituting a public benefit
33 corporation. It shall be administered by a board of directors consisting
34 of the [chairman] chair of the state [racing and wagering board] gaming
35 commission or his or her designee, the commissioner of agriculture and
36 markets, [the] three members of the state [racing] gaming commission as
37 [defined in section one hundred three of this chapter,] designated by
38 the governor and six members appointed by the governor, all of whom are
39 experienced or have been actively engaged in the breeding of thorough-
40 bred horses in New York state, one, the president or the executive
41 director of the statewide thoroughbred breeders association representing
42 the majority of breeders of registered thoroughbreds in New York state,
43 one upon the recommendation of the majority leader of the senate, one
44 upon the recommendation of the speaker of the assembly, one upon the
45 recommendation of the minority leader of the senate, and one upon the
46 recommendation of the minority leader of the assembly. Two of the
47 appointed members shall initially serve for a two year term, two of the
48 appointed members shall initially serve for a three year term and two of
49 the appointed members shall initially serve for a four year term. All
50 successors appointed members shall serve for a four year term. All
51 members shall continue in office until their successors have been
52 appointed and qualified. The governor shall designate the chair from
53 among the sitting members who shall serve as such at the pleasure of the
54 governor.
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1 § 12. Section 330 of the racing, pari-mutuel wagering and breeding
2 law, the opening paragraph as amended by chapter 197 of the laws of
3 2007, is amended to read as follows:
4 § 330. Agriculture and New York state horse breeding development fund.
5 1. There is hereby created within the state [racing and wagering board]
6 gaming commission the "agriculture and New York state horse breeding
7 development fund". Such fund shall be a body corporate and politic
8 constituting a public benefit corporation. [It shall be administered by
9 the commissioner of agriculture and markets, the chairman of the New
10 York state racing and wagering board or his or her designee, and the
11 chairman and members of the state harness racing commission as reconsti-
12 tuted pursuant to article one of this chapter. Members] It shall be
13 administered by a board of directors consisting of the chairman of the
14 state gaming commission or his or her designee, the commissioner of
15 agriculture and markets, and three members appointed by the governor,
16 all of whom are experienced or have been actively engaged in the breed-
17 ing of standardbred horses in New York state, one upon the recommenda-
18 tion of the temporary president of the senate and one upon the recommen-
19 dation of the speaker of the assembly. The governor shall designate the
20 chair from among the sitting members who shall serve as such at the
21 pleasure of the governor. Appointed members shall serve for a term of
22 four years and shall continue to hold office until their successors are
23 appointed and qualified. [The chairman shall be designated by the
24 members of the fund.] The members of the fund shall receive no compen-
25 sation from the fund for their services as such members but shall be
26 reimbursed by the fund for the expenses actually and necessarily
27 incurred by them in the performance of their duties under sections two
28 hundred twenty-two through seven hundred five of this chapter. Such fund
29 shall have perpetual existence and shall exercise all powers authorized
30 by this chapter and reasonably necessary for accomplishing its purposes.
31 Such powers shall be exercised in the name of the fund.
32 2. The board may delegate to one or more of the members or officers of
33 the fund such powers and duties as it may deem proper and shall utilize,
34 pursuant to a contract approved by the director of the budget, the
35 service employees of the state gaming commission and the state office of
36 racing promotion and development.
37 3. The fund is created in order that it may promote the breeding of
38 horses and the conduct of equine research in this state on its own
39 responsibility and under its own business management. The policy, good
40 faith and interest of the state are concerned with the management and
41 development of the fund and are committed to promotion of horse breeding
42 and equine research in this state in active cooperation with the fund.
43 The promotion and encouragement of equine research shall be through a
44 fund of a land grant university within this state with a regents
45 approved veterinary college facility. Nothing herein, however, shall be
46 deemed in any way to obligate the state to any bondholder or other cred-
47 itor of the fund.
48 4. The fund is directed to report annually, on or before January thir-
49 ty-first, to the governor and the legislature, on the state of the stan-
50 dardbred breeding industry in this state. Such reports shall include,
51 but not be limited to, the impact of the fund's programs on the breeding
52 and racing aspects of the industry; economic factors affecting the
53 industry such as employment and employment growth, state and local bene-
54 fits of breeding farms, income and the production of income within this
55 state, economic comparisons with other states; and data relative to
56 mares and stallions standing in this state to include such information
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1 as the number in this state, racing quality as measured by wins and
2 stakes won and placed and money won, the number of foals and foal racing
3 quality as measured by sales value and number of starts, races and money
4 won, the progeny quality, including earnings, and the success of New
5 York-breds nationally.
6 5. The fund is further directed to incorporate into its reports
7 comments from spokesmen representing all segments of the industry as
8 well as recommendations on preserving and enhancing the standardbred
9 breeding industry in this state.
10 § 13. Section 1612 of the tax law is amended by adding a new subdivi-
11 sion h to read as follows:
12 h. In no circumstance shall net proceeds of the lottery, including the
13 proceeds from video lottery gaming, be used for the payment of non-lot-
14 tery expenses of the gaming commission, administrative or otherwise.
15 § 14. This act shall take effect October 1, 2012; provided, however
16 that effective immediately, the addition, amendment and/or repeal of any
17 rules or regulations necessary for the implementation of the foregoing
18 provisions of this act on its effective date are authorized and directed
19 to be made and completed on or before such effective date.
20 PART B
21 Intentionally Omitted
22 PART C
23 Section 1. Section 2608 of the public authorities law, as added by
24 chapter 404 of the laws of 1981, subdivision 1 as amended by chapter 592
25 of the laws of 1984, subdivision 2 as amended by chapter 55 of the laws
26 of 1992, subdivisions 3 and 4 as amended by chapter 99 of the laws of
27 1984, is amended to read as follows:
28 § 2608. New York state olympic regional development authority. 1. For
29 the purposes of effectuating the policy declared in section twenty-six
30 hundred six of this title, there is hereby created the "New York state
31 olympic regional development authority", referred to in this title as
32 "the authority", which shall be a body corporate and politic constitut-
33 ing a public benefit corporation. The authority shall consist of [ten]
34 twelve members who shall be the commissioner of environmental conserva-
35 tion, the commissioner of [commerce] economic development, the commis-
36 sioner of parks, recreation and historic preservation and [seven] nine
37 persons to be appointed by the governor, by and with the advice and
38 consent of the senate. Of the [seven] nine persons appointed by the
39 governor, by and with the advice and consent of the senate, one each
40 shall be appointed upon the recommendation of the temporary president of
41 the senate and the speaker of the assembly. Three of the persons
42 appointed by the governor, by and with the advice and consent of the
43 senate shall be appointed upon the recommendation of the town board of
44 the town of North Elba and shall be residents of the park district. Two
45 persons shall be appointed by the governor, by and with the advice and
46 consent of the senate, one of whom shall reside in Ulster county and the
47 other of whom shall reside in Delaware county. One of the persons
48 appointed by the governor, by and with the advice and consent of the
49 senate, shall be a resident of Warren county. The governor shall
50 appoint a [chairman and] chairperson, a [vice chairman] vice-chairperson
51 and a second vice-chairperson from among any of the members of the
52 authority and such [chairman and vice chairman] chairperson, vice-chair-
S. 6260--C 22 A. 9060--C
1 person and second vice-chairperson shall serve at the pleasure of the
2 governor, provided, however, that the [vice chairman] vice-chairperson
3 shall be appointed on the recommendation of the town board of North
4 Elba; and the second vice-chairperson shall be appointed upon the recom-
5 mendation of the town boards of the town of Shandaken in Ulster county
6 and the town of Middletown in Delaware county; and must be a resident of
7 Ulster or Delaware counties; with a majority vote of the combined two
8 town boards determining who shall be recommended to the governor for
9 appointment of that position. From among any candidates recommended by
10 the chairman, the members shall appoint a president/chief executive
11 officer of the authority.
12 The members first appointed by the governor shall be appointed within
13 thirty days of the effective date of this title. The members appointed
14 as a result of the enactment of the chapter of the laws of two thousand
15 twelve which amended this section, consisting of the eleventh and
16 twelfth board members, shall be appointed within ninety days of the
17 effective date of such chapter. The first members [first] appointed by
18 the governor upon the recommendation of the temporary president of the
19 senate and the speaker of the assembly shall serve terms of three years
20 respectively from January first next succeeding their appointment. The
21 remaining four members first appointed by the governor shall serve terms
22 of one, two, four and five years respectively from January first next
23 succeeding their appointment. The fifth member appointed by the governor
24 shall serve a term of two years from January first, next succeeding his
25 or her appointment. Each appointment of a member following the expira-
26 tion of the original terms of the appointment shall be for a term of
27 five years. The members appointed by the governor who are required to
28 reside in either Delaware or Ulster counties shall be appointed for
29 terms of four years. Members shall continue to hold office until their
30 successors have been appointed and qualified. In the event of a vacancy
31 occurring during the term of a member's appointment, by reason of death,
32 resignation, disqualification or otherwise, such vacancy shall be filled
33 for the unexpired term in the same manner as the original appointment.
34 2. The members of the authority shall not receive a salary or other
35 compensation for their services as members of the authority but each
36 member shall be allowed reimbursement for the necessary and actual
37 expenses which he or she shall incur in the performance of his or her
38 duties under this title.
39 3. The president/chief executive officer shall serve at the pleasure
40 of the members and shall be responsible for the discharge of the execu-
41 tive and administrative functions and exercise of any power or function
42 of the authority.
43 4. [Six] Seven members of the authority shall constitute a quorum for
44 the transaction of any business or the exercise of any power or function
45 of the authority. The authority may delegate to one or more of its
46 members, officers, agents and employees, such powers and duties as it
47 may deem proper. The commissioner of environmental conservation, the
48 commissioner of [commerce] economic development, the commissioner of
49 parks and recreation and any other member of the authority who is a full
50 time employee of the state or who holds public office may designate one
51 person from his department or from the public corporation in which he
52 holds a public office to represent him at all meetings of the authority
53 from which such member may be absent. Any representative so designated
54 shall have the power to attend and to vote at any meeting of the author-
55 ity from which the member so designating him is absent, with the same
56 force and effect as if the member designating him were present and
S. 6260--C 23 A. 9060--C
1 voting. Such designation shall be by written notice filed with the
2 chairman of the authority by the member making the designation and shall
3 be for a term of one year or until such representative shall resign or
4 shall no longer be employed by the department of which such member
5 making the designation is an employee or by the public corporation of
6 which such member making the designation holds a public office or until
7 revoked by the person making such designation. Such designation shall
8 not limit the power of the member making the designation to attend and
9 vote in person at any meeting of the authority.
10 5. The authority shall be a "state agency" for the purposes of
11 sections seventy-three and seventy-four of the public officers law.
12 6. Notwithstanding any inconsistent provisions of this or any other
13 law, general, special or local, no officer or employee of the state, as
14 defined in the public officers law, or of the park district shall be
15 deemed to have forfeited or shall forfeit his office of employment or
16 any benefits provided under the retirement and social security law or
17 under any public retirement system maintained by the state or any of its
18 subdivisions by reason of his acceptance of membership on or chairman-
19 ship of the authority; provided, however, a member or chairman who holds
20 such other public office of employment shall receive no additional
21 compensation for services rendered pursuant to this title, but shall be
22 entitled to reimbursement for his actual and necessary expenses incurred
23 in the performance of such services.
24 7. The governor may remove any member of the authority for cause,
25 other than the commissioner of environmental conservation, the commis-
26 sioner of [commerce] economic development and the commissioner of parks
27 and recreation, after giving him a copy of the charges against him and
28 an opportunity to be heard, in person or by counsel in his defense, upon
29 not less than ten days' notice. If any member shall be so removed, the
30 governor shall file in the office of the department of state a complete
31 statement of charges made against such member, and his findings thereon,
32 together with a complete record of the proceedings.
33 8. The principal office of the authority shall be located in the town
34 of North Elba and the authority shall establish a second office at the
35 Belleayre Mountain ski center.
36 9. Nothing shall preclude the use of meetings and votes by video
37 conference or other conferencing which permits conferees to see the
38 other members during board meetings through television or the internet.
39 § 2. Section 2609 of the public authorities law, as added by chapter
40 404 of the laws of 1981, is amended to read as follows:
41 § 2609. Community advisory panel. 1. Within ninety days following the
42 appointment of the members of the authority, the members shall appoint
43 an advisory panel to act as consultants to the authority for the purpose
44 of advising and assisting the authority in procuring international and
45 national athletic sporting events and competition.
46 2. The advisory panel shall consist of [fifteen] nineteen persons, ten
47 of whom shall be appointed upon the recommendation of the North Elba
48 sports council, a council created by the park district, two of whom
49 shall be appointed upon the recommendation of the legislature of the
50 county of Delaware and two of whom shall be appointed upon the recommen-
51 dation of the legislature of the county of Ulster. Such ten members of
52 the panel shall have knowledge of athletic competition and winter and
53 summer sports and recreation events and activities. The members of the
54 panel shall serve for a period of two years. In the event of a vacancy
55 occurring during a panel member's appointment, by reason of death,
S. 6260--C 24 A. 9060--C
1 resignation, disqualification or otherwise, such vacancy shall be filled
2 for the unexpired term in the same manner as the original appointment.
3 3. The members of the panel shall serve without compensation, except
4 that each member of the panel shall be allowed the necessary and actual
5 expenses which he shall incur in the performance of his duties within
6 the state under this title.
7 § 3. Subdivisions 4, 6, 7, 9, 12 and 15 of section 2611 of the public
8 authorities law, as added by chapter 404 of the laws of 1981, subdivi-
9 sion 15 as renumbered by chapter 38 of the laws of 1987, are amended to
10 read as follows:
11 4. To make and alter by-laws for its organization and internal manage-
12 ment, and rules and regulations governing the exercise of its powers and
13 the fulfillment of its purposes under this title. Such rules and regu-
14 lations must be filed with the secretary of state and the town clerk of
15 North Elba and the town clerks of the towns of Johnsburg, Shandaken and
16 Middletown;
17 6. To schedule and book events at participating olympic facilities,
18 and the facilities of Belleayre Mountain ski center and other properties
19 owned or controlled by the authority with public and private individ-
20 uals, organizations, groups and other entities desiring to use such
21 facilities for conducting events and activities appropriate to the
22 purposes of the authority;
23 7. To enter into contracts, leases and subleases and to execute all
24 instruments necessary or convenient for the conduct of authority busi-
25 ness, including agreements with the park district and any state agency
26 which administers, owns or supervises any olympic facility or Belleayre
27 Mountain ski center, as provided in sections twenty-six hundred twelve
28 and twenty-six hundred fourteen of this title;
29 9. To enter into contracts to operate, maintain and manage olympic
30 facilities and the Belleayre Mountain ski center;
31 12. To operate, or contract for the operation of, concession services
32 at any participating olympic facility or the Belleayre Mountain ski
33 center;
34 15. To procure insurance against any loss or liability in connection
35 with the use, management, maintenance and operation of the participating
36 olympic facilities and/or Belleayre Mountain ski center, in such amounts
37 and from such insurers, subject to public bidding as it deems desirable;
38 and
39 § 4. Subdivision 4 of section 2614 of the public authorities law is
40 renumbered subdivision 5 and a new subdivision 4 is added to read as
41 follows:
42 4. The authority shall enter into an agreement with the department of
43 environmental conservation for the authority to operate, maintain and
44 manage the Belleayre Mountain ski center located in Ulster and Delaware
45 counties, state of New York. The specific terms of such agreement shall
46 be negotiated by the authority and the department and shall include
47 those provisions set forth in subdivision two of this section for inclu-
48 sion in agreements with the state. Such agreement shall include
49 provisions to assure the continued viability of Belleayre as an attrac-
50 tive year-round tourist destination by, at a minimum, maintaining a
51 level of capital investment, maintenance and operating support, consist-
52 ent with the historical operating support, capital investment and main-
53 tenance provided by the department at Belleayre so that Belleayre Moun-
54 tain ski center may be operated, maintained and improved in a similar
55 manner to that of Whiteface and Gore Mountain ski centers. In addition,
56 such agreement shall include provisions ensuring that the authority
S. 6260--C 25 A. 9060--C
1 dedicate and utilize, for the operation, capital support and maintenance
2 of Belleayre Mountain ski center: funds appropriated for the operation,
3 maintenance and/or improvements of Belleayre Mountain ski center, reven-
4 ue received as a result of Belleayre Mountain ski center operations, and
5 monies received or intended from other sources and accounts that are
6 intended for Belleayre Mountain ski center. All powers of the authority
7 provided by this title or any other law, including those pertaining to
8 participating olympic facilities, shall apply in connection with the
9 operation and management of the Belleayre Mountain ski center.
10 § 5. Subdivision 2 of section 2616 of the public authorities law, as
11 amended by chapter 99 of the laws of 1984, is amended to read as
12 follows:
13 2. On or before August fifteenth, nineteen hundred eighty-one, and on
14 each August fifteenth thereafter the [chairman] chair of the authority
15 shall make and deliver to the director of the budget for his or her
16 approval and for submission to the legislature a budget for the opera-
17 tion of the authority for the forthcoming fiscal year of the state. The
18 [chairman] chair of the authority shall deliver a copy of such budget to
19 the [chairman] chair of the senate finance committee and the [chairman]
20 chair of the assembly ways and means committee at the same time that the
21 budget is delivered to the director of the budget. The budget shall
22 delineate the total amount needed for authority purposes, including the
23 funds required by the authority for operation of the olympic facilities
24 [and], the Gore Mountain ski center and the Belleayre Mountain ski
25 center pursuant to agreements made in accordance with sections twenty-
26 six hundred twelve and twenty-six hundred fourteen of this title, the
27 source of all funds that the authority expects to receive and such other
28 information as the director of the budget shall require. The director
29 of the budget shall approve the budget for the operation of the authori-
30 ty and the governor shall recommend in his or her annual budget appro-
31 priations to the authority if the director of the budget determines that
32 the budget demonstrates that the authority, without operating at a defi-
33 cit, can continue in the forthcoming fiscal year of the state, in the
34 exercise of its corporate purposes, powers, duties and functions with
35 the appropriations from the state and park district in the amounts
36 determined in accordance with sections twenty-six hundred twelve and
37 twenty-six hundred fourteen of this title and income received by the
38 authority from other sources. The director of the budget shall notify
39 the park district, the [chairman] chair of the senate finance committee
40 and the [chairman] chair of the assembly ways and means committee not
41 later than October first of each year whether or not he has approved the
42 budget.
43 § 6. Section 2619 of the public authorities law, as amended by chapter
44 99 of the laws of 1984, is amended to read as follows:
45 § 2619. Capital repair and improvement account. At the end of any
46 authority fiscal year the members of the authority shall deposit not
47 less than twenty-five percent of the profits, if any, of the preceding
48 year's operations into a sinking fund for capital improvements. At the
49 discretion of the members, the authority may undertake capital improve-
50 ments and major repairs to the participating olympic facilities, to the
51 Belleayre Mountain ski center, and to the Gore Mountain ski center;
52 provided, however, that no such repairs may be undertaken without
53 specific written approval by the entity which contracted with the
54 authority for the operation of said facility. Any such repairs or
55 improvements to real property shall upon completion become the property
56 of and be vested in the owners of said real property. In the event of
S. 6260--C 26 A. 9060--C
1 termination of the authority, the state and the park district each shall
2 receive fifty percent of all moneys in the sinking fund. If an agreement
3 between the authority and the park district or the state shall be termi-
4 nated, the park district or the state, as the case may be, shall receive
5 that portion of the moneys in the sinking fund it would have received if
6 the authority were terminated as of the date of the termination of the
7 agreement.
8 § 7. Section 2621 of the public authorities law, as added by chapter
9 404 of the laws of 1981, is amended to read as follows:
10 § 2621. Annual report. The authority shall submit to the governor, the
11 chairman of the senate finance committee, the chairman of the assembly
12 ways and means committee, the comptroller, the director of the budget,
13 the supervisor of the town of Johnsburg, the supervisor of the town of
14 Shandaken, the supervisor of the town of Middletown, and the supervisor
15 of the town of North Elba within ninety days after the end of its fiscal
16 year, a complete and detailed report setting forth: (1) its operations
17 and accomplishments and (2) its receipts and expenditures during such
18 fiscal year in accordance with the categories or classifications estab-
19 lished by the authority for its operating and capital outlay purposes.
20 Such report shall not be required to be submitted in print if the recip-
21 ient of the report agrees to accept such report in electronic format.
22 § 8. Subdivision 4 of section 2622 of the public authorities law, as
23 added by chapter 169 of the laws of 1994, is amended to read as follows:
24 4. Notwithstanding subdivision three of this section, exclusive juris-
25 diction is hereby conferred upon the court of claims to hear and deter-
26 mine any claim of any person brought hereafter against the authority to
27 recover damages for injuries to property or for personal injury arising
28 out of the operation by the authority of any participating olympic
29 facility owned by the state or of the Belleayre Mountain ski center or
30 of the Gore mountain ski center, in the same manner and to the extent
31 provided and subject to the provisions of the court of claims act with
32 respect to claims against the state, and to make awards and render judg-
33 ments therefor. The payment of awards and judgments for any such claims
34 brought in the supreme court pursuant to this title or in the court of
35 claims shall be made from appropriations for judgments against the state
36 pursuant to section twenty of the court of claims act.
37 § 9. This opening paragraph of section 2629 is renumbered subdivision
38 1 and a new subdivision 2 is added to read as follows:
39 2. (a) Within thirty days of execution of the agreement, entered into
40 pursuant to subdivision four of section twenty-six hundred fourteen of
41 this title, provision shall be made for the transfer to the olympic
42 regional development authority of all current employees engaged in
43 carrying out such functions with respect to the operation, maintenance
44 and management of the Belleayre Mountain ski center. Such employees
45 shall be transferred without further examination or qualifications and
46 shall retain their respective civil service classifications, status,
47 salary, wages and negotiating unit, if any. No individual who is trans-
48 ferred shall gain any additional rights as a result of such transfer.
49 However, once the employment of any transferred employee who is current-
50 ly placed within a negotiating unit as defined by article fourteen of
51 the civil service law is terminated or otherwise ceases, by any means,
52 any individual hired to fill such vacancy shall not be placed in the
53 same negotiating unit of the former incumbent but rather shall be placed
54 in the negotiating unit that contains employees of the authority.
55 (b) The salary or compensation of any such employees, after such
56 transfer, shall be paid by the authority. Notwithstanding the provisions
S. 6260--C 27 A. 9060--C
1 of this section, any such employees so transferred to the authority,
2 pursuant to the provisions of this section, who are members of or bene-
3 ficiaries under any existing pension or retirement system, shall contin-
4 ue to have all rights, privileges, obligations and status with respect
5 to such fund system or systems as are prescribed by law, but during the
6 period of their employment by the authority, all contributions to any
7 pension or retirement fund or system to be paid by the employer on
8 account of such employees, shall be paid by the authority.
9 § 10. Transfer of appropriations. Upon the execution of an agreement
10 as set forth in subdivision 4 of section 2614 of the public authorities
11 law, as added by section four of this act, and notwithstanding section
12 fifty-one of the state finance law, all appropriations or reappropri-
13 ations for the functions transferred pursuant to this act heretofore
14 made to the department of environmental conservation or segregated
15 pursuant to law, to the extent that unexpended or unencumbered balances
16 remain, whether allocated or unallocated and whether obligated or unob-
17 ligated, are hereby transferred to and made available for use and
18 expenditure by the olympic regional development authority, for the same
19 purposes for which originally appropriated or reappropriated and shall
20 be payable on vouchers certified or approved by the chair of the olympic
21 regional development authority on audit and warrant of the comptroller.
22 Payments for liabilities for expenses of personal service, maintenance
23 and operation heretofore incurred by the department of environmental
24 conservation in connection with the functions transferred pursuant to
25 this act, and for liabilities incurred and to be incurred in completing
26 its affairs in relation to such functions, shall also be made on vouch-
27 ers or certificates approved by the commissioner of the department of
28 environmental conservation on audit or warrant of the comptroller.
29 § 11. This act shall take effect immediately.
30 PART D
31 Section 1. Section 285-a of the agriculture and markets law is
32 REPEALED.
33 § 2. Subdivision 12 of section 283 of the agriculture and markets law
34 is REPEALED and subdivisions 13 and 14 are renumbered subdivisions 12
35 and 13.
36 § 3. Section 7 of chapter 654 of the laws of 1994, amending the trans-
37 portation law and other laws relating to equipment requirements for
38 registered farm vehicles, is REPEALED.
39 § 4. Section 285-b of the agriculture and markets law is REPEALED.
40 § 5. Article 4 of the state technology law is REPEALED.
41 § 6. Section 372-a of the social services law is REPEALED.
42 § 7. Subdivision 1 of section 2803-r of the public health law, as
43 added by chapter 439 of the laws of 2005, is amended to read as follows:
44 1. All hospitals and clinics shall notify their prenatal care and
45 obstetric patients of the provisions of the abandoned infant protection
46 act, using materials provided by the office of children and family
47 services[, pursuant to section three hundred seventy-two-a of the social
48 services law]. The department shall develop agreements with societies
49 and organizations of medical practitioners under which the department or
50 the office of children and family services shall provide materials to
51 such societies to provide appropriate education and outreach concerning
52 the abandoned infant protection act to their members and the public.
53 Criminal penalties for violation pursuant to subdivisions one and two of
54 section twelve-b of this chapter shall not apply to this section.
S. 6260--C 28 A. 9060--C
1 § 8. Sections 520 and 521 of the executive law are REPEALED.
2 § 9. Article 28 of the executive law is REPEALED.
3 § 10. Paragraph (p) of subdivision 1 of section 17 of the public offi-
4 cers law is REPEALED.
5 § 11. Section 92-y of the state finance law is REPEALED.
6 § 12. Paragraph (b) of subdivision 1 of section 88-a of the highway
7 law, as amended by section 4 of part Z of chapter 383 of the laws of
8 2001, is amended to read as follows:
9 (b) the chairperson, or his or her designated representative, of the
10 New York state thruway authority, the adirondack park agency[,] and the
11 tourism advisory council[, the upstate New York tourism council and the
12 downstate New York tourism council];
13 § 13. Subdivision 3 of section 349-bb of the highway law, as amended
14 by section 5 of part Z of chapter 383 of the laws of 2001, is amended to
15 read as follows:
16 3. The commissioner is hereby authorized to enter into contracts with
17 qualified, responsible not-for-profit organizations involved in scenic
18 byways activities [and the upstate New York tourism council] for
19 services relating to the development of the New York state scenic byways
20 program or services relating to the operation, development or promotion
21 of a specific scenic byway.
22 § 14. Subdivision 1 of section 349-cc of the highway law, as amended
23 by chapter 399 of the laws of 2005, is amended to read as follows:
24 1. An advisory board of state agencies with responsibilities related
25 to the designation and management of scenic byways and not-for-profit
26 organizations related to the promotion and development of scenic byways
27 is hereby formed to advise and assist the department in the operation of
28 its scenic byways program. The advisory board shall consist of one
29 member appointed by the temporary president of the senate, one member
30 appointed by the speaker of the assembly, the secretary of state, and
31 the commissioners of the department of agriculture and markets, the
32 department of economic development, and the department of environmental
33 conservation, and the office of parks, recreation and historic preserva-
34 tion or their duly designated representatives. The commissioner shall
35 appoint as members of the advisory board the chief executive officer, or
36 his or her duly authorized representative, of not-for-profit organiza-
37 tions related to the promotion and development of a scenic byway desig-
38 nated pursuant to this article[,] and three representatives of organiza-
39 tions concerned with the preservation of scenic qualities, the motoring
40 public and tourism development [and members or representatives of the
41 upstate New York tourism council and of the downstate New York tourism
42 council]. The commissioner, or his or her duly designated represen-
43 tative, shall serve as chair. Members of the advisory board shall
44 receive no pay, but shall be eligible to receive actual and necessary
45 expenses from their respective agencies, or for the expenses of repre-
46 sentatives of organizations related to the promotion and development of
47 a scenic byway, the preservation of scenic qualities, the motoring
48 public and tourism development, from the department. The advisory board
49 shall consult with the Adirondack Park Agency regarding scenic byways
50 within the Adirondack Park. The advisory board shall also consult with
51 the Hudson River Valley Communities Council regarding scenic byways
52 within the Hudson River Valley Greenway as defined in article forty-four
53 of the environmental conservation law. The advisory board shall consult
54 with the Niagara River Greenway Commission regarding scenic byways with-
55 in the Niagara River Greenway as defined in article thirty-nine of the
56 parks, recreation and historic preservation law. [The advisory board
S. 6260--C 29 A. 9060--C
1 shall consult with the upstate New York tourism council regarding scenic
2 byways in the upstate New York region, and with the downstate New York
3 tourism council regarding scenic byways in the downstate New York
4 region.]
5 § 15. Paragraph a of subdivision 1 of section 233-b of the education
6 law, as amended by section 3 of part Z of chapter 383 of the laws of
7 2001, is amended to read as follows:
8 a. There is hereby established within the department the New York
9 state freedom trail commission. The commission shall consist of twelve
10 members, to be appointed as follows: three members to be appointed by
11 the governor, three members to be appointed by the board of regents, two
12 members to be appointed by the temporary president of the senate, one
13 member to be appointed by the minority leader of the senate, two members
14 to be appointed by the speaker of the assembly, and one member to be
15 appointed by the minority leader of the assembly. Such members shall be
16 representative of academic or public historians, corporations, founda-
17 tions, historical societies, civic organizations, and religious denomi-
18 nations. In addition, the following state officers, or their designees,
19 shall serve as members of the commission: the commissioner of education,
20 the head of the state museum, the head of the state archives, the head
21 of the office of state history, the commissioner of economic develop-
22 ment, the head of the state tourism advisory council[, the chairperson
23 of the upstate New York tourism council, the chairperson of the down-
24 state New York tourism council,] and the commissioner of parks, recre-
25 ation and historic preservation.
26 § 16. Section 27-0702 of the environmental conservation law is
27 REPEALED.
28 § 17. The opening paragraph of subdivision 2 of section 27-0103 of the
29 environmental conservation law, as amended by chapter 55 of the laws of
30 1992, is amended to read as follows:
31 The commissioner shall[, with the advice of the state solid waste
32 management board established pursuant to section 27-0702 of this arti-
33 cle,] biennially review the status of programs and information contained
34 within the plan and make recommendations for legislation or other state
35 action related to:
36 § 18. Paragraph g of subdivision 3 of section 165 of the state finance
37 law, as amended by chapter 95 of the laws of 2000, is amended to read as
38 follows:
39 g. In addition to carrying out the provisions of paragraphs e and f of
40 this subdivision, the commissioner shall identify and implement specific
41 steps which will reduce, to the maximum extent practicable, waste gener-
42 ated in state facilities and maximize the recovery and reuse of second-
43 ary materials from such facilities. Such steps and their implementation
44 shall be reviewed from time to time but no less frequently than annually
45 or upon receiving recommendations for additional steps from [the solid
46 waste management board,] the department of environmental conservation or
47 the environmental facilities corporation.
48 § 19. Subdivision 3 and the closing paragraph of section 1285-d of the
49 public authorities law, subdivision 3 as amended by chapter 283 of the
50 laws of 1979 and the closing paragraph as added by chapter 639 of the
51 laws of 1978, are amended to read as follows:
52 3. [To advise the corporation on technical matters, a technical advi-
53 sory committee shall be constituted to be composed of the commissioners
54 of transportation, commerce, health and environmental conservation, the
55 secretary of state, and five persons representative of affected indus-
56 tries to be appointed by the governor with the advice and consent of the
S. 6260--C 30 A. 9060--C
1 senate. Upon dissolution of the hazardous waste disposal advisory
2 committee pursuant to subdivision three of section twelve hundred eight-
3 y-five-f of this article, two members of that committee designated by
4 the governor shall become members of the committee established by this
5 subdivision which committee shall be expanded by two members.]
6 In [excercising] exercising its responsibilities, the corporation
7 shall also cooperate and act in conjunction with industrial, commercial,
8 medical, scientific, public interest and educational organizations with-
9 in the state, and with agencies of the federal government, of the state
10 and its political subdivisions, of other states, and joint agencies
11 thereof.
12 § 20. Paragraph (c) of subdivision 3 of section 1285-f of the public
13 authorities law is REPEALED.
14 § 21. Section 216-b of the vehicle and traffic law is REPEALED.
15 § 22. Subdivision 9 of section 3.23 of the parks, recreation and
16 historic preservation law is REPEALED.
17 § 23. Section 89-mmm of the general business law is REPEALED.
18 § 24. Subdivision 2 of section 100 of the executive law, as added by
19 chapter 557 of the laws of 1997, is amended to read as follows:
20 2. The secretary of state shall maintain all records collected for
21 applicants pursuant to the armored car guard act for a period of five
22 years after the applicant's termination as an armored car guard, retire-
23 ment, resignation, death, failure to be rehired, or non-renewal of the
24 applicant's registration card. Every armored car carrier shall file with
25 the secretary, on a monthly basis, a report, stating all armored car
26 guards in their employ who have retired, resigned, died, been termi-
27 nated, have [hot] not been rehired, or have otherwise been removed from
28 active duty, in such form and on such media as approved for such purpose
29 by the secretary[, upon recommendation of the armored car carrier advi-
30 sory board established pursuant to the provisions of section eighty-
31 nine-mmm of the general business law].
32 § 25. Subdivision 5 of section 89-bbb of the general business law is
33 REPEALED.
34 § 26. Section 89-lll of the general business law, as added by chapter
35 557 of the laws of 1997, is amended to read as follows:
36 § 89-lll. Regulations. The secretary[, in consultation with the
37 board,] is hereby authorized and empowered to promulgate rules and regu-
38 lations necessary for the proper conduct of the business authorized
39 under this article, and not inconsistent herewith.
40 § 27. Subdivision 5 of section 89-ppp of the general business law is
41 REPEALED.
42 § 28. Section 923 of the executive law is REPEALED.
43 § 29. Section 433-a of the general business law is REPEALED.
44 § 30. The section heading of section 35 of the social services law, as
45 amended by chapter 300 of the laws of 1992, is amended to read as
46 follows:
47 Legal representation of individuals whose federal disability benefits
48 have been denied or may be discontinued[; advisory committee].
49 § 31. Subdivision 1 of section 35 of the social services law, as
50 amended by chapter 300 of the laws of 1992, is amended to read as
51 follows:
52 1. [a. There is hereby established within the department an advisory
53 committee on legal advocacy (hereinafter to be referred to as the "advi-
54 sory committee") which shall consist of nine members or their designated
55 representatives. The advisory committee shall consist of the following
56 nine members: the commissioner of mental health, the commissioner of
S. 6260--C 31 A. 9060--C
1 mental retardation and developmental disabilities, the advocate for the
2 disabled and six members appointed by the governor. The six members
3 appointed by the governor shall include three representatives of inter-
4 ested public and private groups, and shall include three representatives
5 of county government and the city of New York to be appointed from a
6 list of six names submitted by the New York state association of coun-
7 ties. The commissioner shall coordinate the functions and activities of
8 the department with those of the advisory committee.
9 b.] The [advisory committee] commissioner shall [make recommendations
10 regarding] establish criteria for selection of grant applications,
11 review applications awarded pursuant to the provisions of this section,
12 [make recommendations thereon to the commissioner] and exercise and
13 perform such other [advisory] functions as are related to the purposes
14 of this section[; provided however that the committee shall meet at
15 least once every six months].
16 § 32. Subdivisions 2 and 4 of section 35 of the social services law,
17 subdivision 2 as amended and subdivision 4 as added by chapter 300 of
18 the laws of 1992, are amended to read as follows:
19 2. The commissioner[, after consultation with the advisory committee,]
20 shall make grants, within the amounts appropriated for that purpose, to
21 not-for-profit legal services corporations and not-for-profit agencies
22 serving the disabled and local social services districts, to provide for
23 representation of persons whose federal disability benefits including
24 supplemental security income and social security disability insurance
25 have been denied or may be discontinued for the purpose of representing
26 these persons in appropriate proceedings. When the commissioner has
27 contracted with a local social services district to provide such repre-
28 sentation, the legislative body of such district may authorize and make
29 provision for the commissioner of social services of the district to
30 obtain necessary legal services on a fee for services basis or other
31 appropriate basis which the department may approve. Such legal services
32 may be provided by not-for-profit legal services corporations, not-for-
33 profit agencies serving the disabled or private attorneys.
34 4. Responsibility for local financial participation shall be deter-
35 mined by the commissioner based on either costs of and the number of
36 district residents served by each local entity or the alternative cost
37 allocation procedure deemed appropriate by the commissioner [in consul-
38 tation with the advisory committee].
39 § 33. Subdivisions 8 and 9 of section 350 of the executive law are
40 REPEALED.
41 § 34. Subdivision 16 of section 353 of the executive law is REPEALED.
42 § 35. Sections 365, 365-a, 365-b, 365-c, 365-d, 365-e, 365-f and 365-g
43 of the executive law are REPEALED.
44 § 36. Title 11 of article 24 of the environmental conservation law is
45 REPEALED.
46 § 37. Subdivision 1 of section 24-0301 of the environmental conserva-
47 tion law, as amended by chapter 654 of the laws of 1977, is amended to
48 read as follows:
49 1. The commissioner shall, as soon as practicable, conduct a study to
50 identify and map those individual freshwater wetlands in the state of
51 New York which shall have an area of at least twelve and four-tenths
52 acres or more, or if less than twelve and four-tenths acres, (a) have,
53 in the discretion of the commissioner[, and subject to review of his
54 action by the board created pursuant to title eleven of this article,]
55 unusual local importance for one or more of the specific benefits set
56 forth in subdivision seven of section 24-0105 of this article or (b) are
S. 6260--C 32 A. 9060--C
1 located within the Adirondack park and meet the definition of wetlands
2 contained in subdivision sixty-eight of section eight hundred two [of
3 article twenty-seven] of the executive law, and shall determine their
4 characteristics. This study shall, in addition to such other data as the
5 commissioner may determine to be included, consist of the freshwater
6 wetlands inventory of the department of environmental conservation,
7 currently being made, together with other available data on freshwater
8 wetlands, whether assisted by the state of New York under the tidal
9 wetlands act or otherwise, or assembled by federal or local governmental
10 or private agencies, all of which information shall be assembled and
11 integrated, as applicable, into a map of freshwater wetlands of the
12 state of New York. Such study may, in the discretion of the commission-
13 er, be carried out on a sectional or regional basis, as indicated by
14 need, subject to overall completion in an expeditious fashion subject to
15 the terms of this chapter. This map, and any orders issued pursuant to
16 the provisions of this article, shall comprise a part of the statewide
17 environmental plan as provided for in section 3-0303 of this chapter. As
18 soon as practicable the commissioner shall file with the secretary of
19 state a detailed description of the technical methods and requirements
20 to be utilized in compiling the inventory, and he shall afford the
21 public an opportunity to submit comments thereon.
22 § 38. Subdivision 5 of section 24-0703 of the environmental conserva-
23 tion law, as amended by chapter 233 of the laws of 1979, is amended to
24 read as follows:
25 5. Prior to the promulgation of the final freshwater wetlands map in a
26 particular area and the implementation of a freshwater wetlands
27 protection law or ordinance, no person shall conduct, or cause to be
28 conducted, any activity for which a permit is required under section
29 24-0701 of this [article] title on any freshwater wetland unless he has
30 obtained a permit from the commissioner under this section. Any person
31 may inquire of the department as to whether or not a given parcel of
32 land will be designated a freshwater wetland subject to regulation. The
33 department shall give a definite answer in writing within thirty days of
34 such request as to whether such parcel will or will not be so desig-
35 nated. Provided that, in the event that weather or ground conditions
36 prevent the department from making a determination within thirty days,
37 it may extend such period until a determination can be made. Such answer
38 in the affirmative shall be reviewable [pursuant to title eleven of this
39 article]; such an answer in the negative shall be a complete defense to
40 the enforcement of this article as to such parcel of land. The commis-
41 sioner may by regulation adopted after public hearing exempt categories
42 or classes of wetlands or individual wetlands which he determines not to
43 be critical to the furtherance of the policies and purposes of this
44 article.
45 § 39. Subdivision 6 of section 24-0705 of the environmental conserva-
46 tion law, as amended by chapter 654 of the laws of 1977, is amended to
47 read as follows:
48 6. Review of the determination of the local government or of the
49 commissioner shall be, within a period of thirty days after the filing
50 thereof, pursuant to the provisions of [title eleven of this article or]
51 article seventy-eight of the civil practice law and rules. Any owner of
52 the wetland affected and any resident or citizen of the local government
53 shall be deemed to have the requisite standing to seek review.
54 § 40. Subdivision 2 of section 24-0801 of the environmental conserva-
55 tion law, as added by chapter 654 of the laws of 1977, is amended to
56 read as follows:
S. 6260--C 33 A. 9060--C
1 2. Where the activities otherwise subject to regulation under this
2 article involve freshwater wetlands located within the boundaries of the
3 Adirondack park, the inquiries referred to and the applications provided
4 for in section 24-0703 of this article shall be made to and filed with
5 the Adirondack park agency at its headquarters office, under such regu-
6 lations and procedures as the Adirondack park agency may promulgate. The
7 Adirondack park agency shall review the application in place of the
8 commissioner or local government as provided in section 24-0705 of this
9 article, having due regard for the declaration of policy and statement
10 of findings set forth in this article and for the considerations set
11 forth in subdivision one of section 24-0705 of this article. The agency
12 shall in addition determine prior to the granting of any permit that the
13 proposed activity will be consistent with the Adirondack park land use
14 and development plan and would not have an undue adverse impact upon the
15 natural, scenic, aesthetic, ecological, wildlife, historic, recreational
16 or open space resources of the park, taking into account the economic
17 and social or other benefits to be derived from the activity. Any person
18 may seek review of a ruling made solely pursuant to the provisions of
19 this article by the Adirondack park agency pursuant to the provisions of
20 [title eleven of this article or] article seventy-eight of the civil
21 practice law and rules.
22 § 41. Subdivision 7 of section 24-0903 of the environmental conserva-
23 tion law, as added by chapter 614 of the laws of 1975, is amended to
24 read as follows:
25 7. Any person aggrieved by any such order or regulation may seek
26 [review pursuant to the provisions of title eleven of this article or]
27 judicial review pursuant to article seventy-eight of the civil practice
28 law and rules in the supreme court for the county in which the freshwa-
29 ter wetland is located, within thirty days after the date of the filing
30 of the order with the clerk of the county in which the wetland is
31 located.
32 § 42. Section 24-0507 of the environmental conservation law, as
33 amended by chapter 654 of the laws of 1977, is amended to read as
34 follows:
35 § 24-0507. Reservation of local jurisdiction.
36 Except as provided in this article, jurisdiction over all areas which
37 would qualify as freshwater wetlands except that they are not designated
38 as such on the freshwater wetlands map pursuant to section 24-0301 of
39 this article because they are less than twelve and four-tenths acres in
40 size and are not of unusual local importance is reserved to the city,
41 town or village in which they are wholly or partially located, and the
42 implementation of this article with respect thereto is the responsibil-
43 ity of said city, town or village, in accordance with section 24-0501
44 and title twenty-three of article seventy-one of this chapter, except
45 that a city, town or village in the exercise of its powers under this
46 section, shall not be subject to the provisions of subdivision four of
47 section 24-0501, subdivisions two and three of section 24-0503, or
48 section 24-0505[, but shall be subject to judicial review under subdivi-
49 sion two of section 24-1105] of this article.
50 § 43. Subdivision 3 of section 1-0303 of the environmental conserva-
51 tion law is REPEALED.
52 § 44. Paragraph a of subdivision 2 of section 3-0301 of the environ-
53 mental conservation law, as amended by chapter 469 of the laws of 1974,
54 is amended to read as follows:
55 a. [With the advice and approval of the board, adopt] Adopt, amend or
56 repeal environmental standards, criteria and those rules and regulations
S. 6260--C 34 A. 9060--C
1 having the force and effect of standards and criteria to carry out the
2 purposes and provisions of this act. [Upon approval by the board of any]
3 Any such environmental standard, criterion, rule or regulation or change
4 thereto[, it] shall become effective thirty days after being filed with
5 the Secretary of State for publication in the "Official Compilation of
6 Codes, Rules, and Regulations of the State of New York" published pursu-
7 ant to section 102 of the Executive Law. This provision shall not in any
8 way restrict the commissioner in the exercise of any function, power or
9 duty transferred to him or her and heretofore authorized to be exercised
10 by any other department acting through its commissioner to promulgate,
11 adopt, amend or repeal any standards, rules and regulations. No such
12 environmental standards, criterion, rule or regulation or change thereto
13 shall be proposed for approval unless a public hearing relating to the
14 subject of such standard shall be held by the commissioner prior thereto
15 not less than 30 days after date of notice therefor, any provision of
16 law to the contrary notwithstanding. Notice shall be given by public
17 advertisement of the date, time, place and purpose of such hearing.
18 [Members of the board shall be entitled to participate in such hearing
19 and opportunity to be heard by the commissioner with respect to the
20 subject thereof shall be given to the public.]
21 § 45. Article 5 of the environmental conservation law is REPEALED.
22 § 46. Section 17-1411 of the environmental conservation law, as added
23 by chapter 436 of the laws of 1989, is amended to read as follows:
24 § 17-1411. Regulations.
25 [1.] The commissioner may promulgate regulations necessary to effectu-
26 ate the purposes of section 17-1409 of this title including, but not
27 limited to, regulations setting forth criteria for submission and proc-
28 essing of grant applications, components of best management practices
29 and state standards necessary to control nonpoint source pollution.
30 [2. Regulations promulgated pursuant to subdivision one of this
31 section shall not require the approval of the state environmental board
32 pursuant to paragraph a of subdivision two of section 3-0301 or subdivi-
33 sion two of section 5-0107 of this chapter.]
34 § 47. Subdivision 4 of section 19-0303 of the environmental conserva-
35 tion law, as added by chapter 608 of the laws of 1993, is amended to
36 read as follows:
37 4. In adopting any code, rule or regulation which contains a require-
38 ment that is more stringent than the Act or regulations issued pursuant
39 to the Act by the United States environmental protection agency, the
40 commissioner shall, in addition to the provisions of section two hundred
41 two-a of the state administrative procedure act, include in the regula-
42 tory impact statement:
43 (a) a detailed explanation of the reason or reasons that justify
44 exceeding federal minimum requirements, including:
45 (i) satisfying any requirement of the Act as it relates to New York
46 state, including any requirement for demonstrating attainment or mainte-
47 nance of ambient air quality standards or meeting reasonable further
48 progress pursuant to Title I of the Act;
49 (ii) preventing an assessment or imposition of sanctions, or the impo-
50 sition of a federal implementation plan, pursuant to the Act;
51 (iii) complying with a final decree of a court; or
52 (iv) protecting public health or the environment;
53 (b) an evaluation of the cost-effectiveness of the proposed code, rule
54 or regulation, in comparison with the cost-effectiveness of reasonably
55 available alternatives; and
S. 6260--C 35 A. 9060--C
1 (c) a review of the reasonably available alternative measures consid-
2 ered by the commissioner and an explanation of the reasons for rejecting
3 such alternatives.
4 [Any code, rule or regulation to which this subdivision is applicable
5 shall be subject to the approval of the environmental board pursuant to
6 subdivision 2 of section 5-0107 of this chapter.]
7 § 48. Section 19-0917 of the environmental conservation law is
8 REPEALED.
9 § 49. Subdivision 3 of section 27-0903 of the environmental conserva-
10 tion law, as amended by chapter 831 of the laws of 1990, is amended to
11 read as follows:
12 3. The regulations setting forth the criteria for identification and
13 listing, and the list of, hazardous wastes subject to this title may be
14 amended by the commissioner from time to time as appropriate, based upon
15 hazardous waste conditions of particular relevance to the state. The
16 commissioner may promulgate the appropriately amended regulations only
17 [after approval of the state environmental board based] upon a showing
18 of the circumstances constituting the hazardous waste conditions of
19 particular relevance to this state, and then in a manner consistent with
20 the state administrative procedure act.
21 § 50. Subdivision 1 of section 27-1315 of the environmental conserva-
22 tion law, as amended by section 7 of part E of chapter 1 of the laws of
23 2003, is amended to read as follows:
24 1. The commissioner shall have the power to promulgate rules and regu-
25 lations necessary and appropriate to carry out the purposes of this
26 title. Any [such] regulations shall include provisions which establish
27 the procedures for a hearing pursuant to subdivision four of section
28 27-1313 of this title[. Any such provisions] and shall ensure a division
29 of functions between the commissioner, the staff who present the case,
30 and any hearing officers appointed. In addition, any [such] regulations
31 shall set forth findings to be based on a factual record, which must be
32 made before the commissioner determines that a significant threat to the
33 environment exists. [Rules and regulations promulgated pursuant to this
34 title shall be subject to the approval of a board, which shall be known
35 as the inactive hazardous waste disposal site regulation review board,
36 which shall have the same members, rules, and procedures as the state
37 environmental board.]
38 § 51. Subdivision 1 of section 27-1504 of the environmental conserva-
39 tion law, as added by chapter 180 of the laws of 1989, is amended to
40 read as follows:
41 1. The commissioner shall promulgate new regulations or amend existing
42 regulations establishing a program for the tracking of the regulated
43 medical waste which is generated in this state. Such regulations shall
44 not be subject to the requirements of subdivision 2 of section 3-0301
45 [or subdivision 2 of section 5-0107] of this chapter.
46 § 52. Subdivision 4 of section 29-0103 of the environmental conserva-
47 tion law is REPEALED.
48 § 53. Subdivision 4 of section 70-0117 of the environmental conserva-
49 tion law, as added by chapter 723 of the laws of 1977, is amended to
50 read as follows:
51 4. In conjunction with one or more applications for permits, the
52 department may, on request of an applicant undertake a conceptual review
53 of a proposed project evaluating the general approvability or nonapprov-
54 ability of a proposed project, including all proposed phases or segments
55 thereof, subject to the development and submission of more detailed
56 plans and information and such additional applications for permits in
S. 6260--C 36 A. 9060--C
1 the future as may be necessary. The department shall, in rules and regu-
2 lations [approved by the state environmental board], establish criteria
3 and guidelines for the conceptual review of proposed projects. The
4 department shall establish, in rules and regulations adopted pursuant to
5 section 70-0107 of this chapter, procedures governing the conceptual
6 review of proposed projects.
7 § 54. Sections 9-0705, 9-0707, 9-0709 and 9-0711 of the environmental
8 conservation law are REPEALED.
9 § 55. Section 9-0713 of the environmental conservation law, as amended
10 by chapter 386 of the laws of 1980, is amended to read as follows:
11 § 9-0713. State assistance.
12 [Upon the establishment of regional forest practice boards, and upon
13 the adoption and promulgation of] The commissioner shall adopt forest
14 practice standards[, the regional forest practice boards]. The depart-
15 ment shall notify [all the] owners of forest land [in their regions]
16 that the commissioner is prepared to assist cooperating owners in
17 connection with the application of [approved] forest practice standards.
18 The commissioner shall provide to cooperating forest and farm woodland
19 owners technical services in connection with all phases of forest
20 management including but not limited to, plantation establishment and
21 care, the marking of timber, marketing assistance and silvicultural
22 treatment of immature stands.
23 § 56. Subdivision 1 of section 444-b of the real property law is
24 REPEALED and subdivisions 2, 3, 4, 5, 6, 7 and 8 are renumbered subdivi-
25 sions 1, 2, 3, 4, 5, 6 and 7.
26 § 57. Subdivision 4 of section 444-b of the real property law, as
27 amended by chapter 225 of the laws of 2005 and as renumbered by section
28 fifty-six of this act, is amended to read as follows:
29 4. "Home inspection" means the process by which a home inspector
30 observes and provides a written report of the systems and components of
31 a residential building including but not limited to heating system,
32 cooling system, plumbing system, electrical system, structural compo-
33 nents, foundation, roof, masonry structure, exterior and interior compo-
34 nents or any other related residential building component as recommended
35 [by the home inspection council and implemented] or required by the
36 department through regulation to provide a client with objective infor-
37 mation about the condition of the residential building. The home inspec-
38 tor shall clearly identify in the written report which systems and
39 components of the residential building were observed. A home inspection
40 shall not include an inspection for radon or pests.
41 § 58. Section 444-c of the real property law, as added by chapter 461
42 of the laws of 2004, subdivisions 1, 2 and 3 as amended by chapter 225
43 of the laws of 2005, is amended to read as follows:
44 § 444-c. [State home inspection council] Code of ethics and standards
45 of practice. 1. [There is hereby established a state home inspection
46 council within the department. The council shall consist of the secre-
47 tary or the secretary's designee and six additional members who are
48 residents of the state, of whom three shall be persons licensed and
49 actively engaged in the business of home inspection in the state of New
50 York for at least five years immediately preceding their appointment and
51 three of whom shall be consumers who are the owners and principal resi-
52 dents of a residential building in the state of New York. Appointments
53 shall reflect the geographical diversity of the state.
54 2. For a period of one year after the effective date of this section,
55 and notwithstanding any other provisions of this section to the contra-
56 ry, the first three home inspectors appointed as members of the commit-
S. 6260--C 37 A. 9060--C
1 tee shall not be required, at the time of their first appointment, to be
2 licensed to practice home inspection, provided that such members be
3 licensed pursuant to this article within one year of appointment.
4 3. The governor shall appoint each member of the council for a term of
5 three years except that of the members first appointed, two shall serve
6 for terms of three years, two shall serve for terms of two years and two
7 shall serve for a term of one year. The governor shall appoint one home
8 inspector and one consumer solely in his or her discretion, one home
9 inspector and one consumer upon the recommendation of the temporary
10 president of the senate, and one home inspector and one consumer upon
11 the recommendation of the speaker of the assembly. Each member shall
12 hold office until his or her successor has been qualified. Any vacancy
13 in the membership of the council shall be filled for the unexpired term
14 in the manner provided for the original appointment. No member of the
15 council may serve more than two successive terms in addition to any
16 unexpired term to which he or she has been appointed.
17 4. Members of the council shall receive no compensation but shall be
18 reimbursed for their actual and necessary expenses and provided with
19 office and meeting facilities and personnel required for the proper
20 conduct of the council's business.
21 5. The council shall annually elect from among its members a chair and
22 vice-chair and may appoint a secretary, who need not be a member of the
23 council. The council shall meet at least twice a year and may hold addi-
24 tional meetings as necessary to discharge its duties.
25 6. The role of the council shall be advisory.] The [council shall
26 advise the secretary in the administration and enforcement of the
27 provisions of this article and recommend to the] secretary shall promul-
28 gate regulations to implement the provisions of this article including
29 but not limited to:
30 (a) standards for training including approval of the course of study
31 and examination required for licensure of home inspectors;
32 (b) requirements and standards for continuing education of home
33 inspectors;
34 (c) a code of ethics and standards of practice for licensed home
35 inspectors consistent with the provisions of this article and sound
36 ethical practices which code and standards shall be subject to public
37 notice and comment prior to [a council recommendation to the secretary]
38 adoption of the regulations. The standards of practice shall not require
39 a reporting format or limit information which licensees are authorized
40 to provide a client pursuant to this article; and
41 (d) development of information and educational materials about home
42 inspection for distribution to clients.
43 2. Nothing in this section shall be deemed to supersede any estab-
44 lished authority, duty and power established by local law, state law or
45 regulation or otherwise granted to any agency, body or entity.
46 § 59. Section 444-e of the real property law, as added by chapter 461
47 of the laws of 2004, paragraphs (b) and (c) of subdivision 1 and subdi-
48 vision 3 as amended by chapter 225 of the laws of 2005, is amended to
49 read as follows:
50 § 444-e. Qualifications for licensure. 1. An applicant for a license
51 as a home inspector shall:
52 (a) have successfully completed high school or its equivalent; and
53 (b) (i) have successfully completed a course of study of not less than
54 one hundred forty hours approved by the secretary[, in consultation with
55 the council], of which at least forty hours shall have been in the form
56 of unpaid field based inspections in the presence of and under the
S. 6260--C 38 A. 9060--C
1 direct supervision of a home inspector licensed by the state of New York
2 or a professional engineer or architect regulated by the state of New
3 York who oversees and takes full responsibility for the inspection and
4 any report provided to a client; or
5 (ii) have performed not less than one hundred home inspections in the
6 presence of and under the direct supervision of a home inspector
7 licensed by the state of New York or a professional engineer or archi-
8 tect regulated by the state of New York who oversees and takes full
9 responsibility for the inspection and any report provided to a client;
10 and
11 (c) have passed a written or electronic examination approved by the
12 secretary[, in consultation with the council], and designed to test
13 competence in home inspection practice as determined by a recognized
14 role definition methodology and developed and administered to the extent
15 practicable in a manner consistent with the American Educational
16 Research Association's "Standards for Educational and Psychological
17 Testing." An applicant who has passed an existing nationally recognized
18 examination, as approved by the secretary, prior to the effective date
19 of this article shall be in compliance with this paragraph; and
20 (d) pay the applicable fees.
21 2. The provisions of this section shall not apply to a person perform-
22 ing a home inspection pursuant to subparagraph (ii) of paragraph (b) of
23 subdivision one of this section for the purpose of meeting requirements
24 for a home inspector license.
25 3. Upon submission of an application and payment of the application
26 and licensure fee to the secretary, the secretary shall issue a home
27 inspector's license to a person who holds a valid license as a home
28 inspector issued by another state or possession of the United States or
29 the District of Columbia which has standards substantially equivalent to
30 those of this state as determined by the secretary[, in consultation
31 with the council].
32 4. On or before the effective date of this article, the secretary
33 shall, upon application, issue a home inspector license to a person who:
34 (a) meets the requirements of paragraphs (a) and (c) of subdivision
35 one of this section and has performed one hundred or more home
36 inspections for compensation within two years prior to the effective
37 date of this section; or
38 (b) meets the requirements of paragraph (a) of subdivision one of this
39 section and has been engaged in the practice of home inspection for
40 compensation for not less than three years prior to the effective date
41 of this section during which such person has performed two hundred fifty
42 home inspections for compensation within three years prior to the effec-
43 tive date of this section; or
44 (c) has education and experience which the secretary[, in consultation
45 with the council], considers equivalent to that required pursuant to
46 paragraphs (a) and (b) of this subdivision.
47 § 60. Subdivision 1 of section 444-f of the real property law, as
48 amended by chapter 225 of the laws of 2005, is amended to read as
49 follows:
50 1. Home inspector licenses and renewals thereof shall be issued for a
51 period of two years, except that the secretary may, in order to stagger
52 the expiration date thereof, provide that those licenses first issued or
53 renewed after the effective date of this section shall expire or become
54 void on a date fixed by the secretary, not sooner than six months nor
55 later than twenty-nine months after the date of issue. No renewal of a
56 license shall be issued unless the applicant has successfully completed
S. 6260--C 39 A. 9060--C
1 a course of continuing education approved by the secretary[, in consul-
2 tation with the council].
3 § 61. Subdivision 1 of section 444-k of the real property law, as
4 added by chapter 461 of the laws of 2004, is amended to read as follows:
5 1. Every licensed home inspector who is engaged in home inspection
6 shall secure, maintain, and file with the secretary proof of a certif-
7 icate of liability coverage, which terms and conditions shall be deter-
8 mined by the secretary [in consultation with the council].
9 § 62. Section 444-l of the real property law, as added by chapter 461
10 of the laws of 2004, is amended to read as follows:
11 § 444-l. Duties of the secretary. The secretary shall[, in consulta-
12 tion with the council,] establish such rules and regulations as shall be
13 necessary to implement the provisions of this article.
14 § 63. Subdivision 6 of section 69-n of the general business law is
15 REPEALED.
16 § 64. Chapter 868 of the laws of 1976, relating to the organic food
17 advisory committee, is REPEALED.
18 § 65. Subdivisions 6, 7, 8 and 9 of section 73-b of the agriculture
19 and markets law are REPEALED and subdivision 10 is renumbered subdivi-
20 sion 6.
21 § 66. Subdivision 5 of section 73-b of the agriculture and markets
22 law, as added by chapter 276 of the laws of 2001, is amended to read as
23 follows:
24 5. The advisory board, which shall be chaired by the commissioner,
25 shall:
26 (a) evaluate and prioritize the veterinary diagnostic laboratory needs
27 of industry, government and consumer entities;
28 (b) provide advice and recommendations to the dean of the New York
29 state college of veterinary medicine for strategic direction of diagnos-
30 tic laboratory services;
31 (c) make recommendations to the dean regarding appointment of the
32 director of the laboratory; [and]
33 (d) assess the feasibility of the consolidation, expansion and modern-
34 ization of the current physical facilities of the laboratory;
35 (e) provide advice and recommendations to the director of the diagnos-
36 tic laboratory regarding industry needs and the effectiveness of veteri-
37 nary diagnostic laboratory services; and
38 (f) provide advice and recommendations to the commissioner, the New
39 York state veterinarian, and the director of the diagnostic laboratory
40 regarding animal health programs administered by the department, to
41 include but not be limited to the New York state cattle health assurance
42 program and the egg quality assurance program.
43 § 67. Paragraph (g) of subdivision 3 of section 73-b of the agricul-
44 ture and markets law, as added by chapter 276 of the laws of 2001, is
45 amended to read as follows:
46 (g) one member to be appointed by the governor, upon recommendation by
47 the commissioner[, from nominations received from the animal health
48 issues committee];
49 § 68. Section 13-0308 of the environmental conservation law is
50 REPEALED.
51 § 69. The opening paragraph of subdivision 15 of section 13-0309 of
52 the environmental conservation law, as added by chapter 512 of the laws
53 of 1994, is amended to read as follows:
54 Unless and until regulations are adopted implementing a comprehensive
55 long-term management plan for the protection of surf clams and ocean
56 quahogs in New York waters [prepared in conjunction with the surf
S. 6260--C 40 A. 9060--C
1 clam/ocean quahog management advisory board pursuant to section 13-0308,
2 of this title], the following restrictions shall apply in addition to
3 any consistent regulations adopted prior to the date upon which such
4 section shall take effect:
5 § 70. Subparagraph (ii) of paragraph 3 of subdivision (a) of section
6 83 of the state finance law, as amended by section 6 of part A of chap-
7 ter 58 of the laws of 1998, is amended to read as follows:
8 (ii) Notwithstanding the provisions of subparagraph (i) of this para-
9 graph, moneys arising out of the application of subdivision fourteen of
10 section 13-0309 of the environmental conservation law, shall be deposit-
11 ed in a special account within the conservation fund, to be known as the
12 surf clam/ocean quahog account, and shall be available to the department
13 of environmental conservation, including contracts for such purposes
14 with a New York State institution of higher education currently involved
15 in local marine research, after appropriation, for the research and
16 stock assessment of surf clams and ocean quahogs [and the operations of
17 the surf clam/ocean quahog management advisory board].
18 § 71. Section 2407 of the public health law is REPEALED.
19 § 72. Subdivision 5 of section 2409 of the public health law is
20 REPEALED and subdivisions 6 and 7 are renumbered subdivisions 5 and 6.
21 § 73. The public health law is amended by adding a new section 2409-a
22 to read as follows:
23 § 2409-a. Advisory council. 1. There is hereby established in the
24 department the breast, cervical and ovarian cancer detection and educa-
25 tion program advisory council, for the purpose of advising the commis-
26 sioner with regards to providing information to consumers, patients, and
27 health care providers relating, but not limited to, breast, cervical and
28 ovarian cancer, including signs and symptoms, risk factors, the benefits
29 of prevention and early detection, guideline concordant cancer screening
30 and disease management, options for diagnostic testing and treatment,
31 new technologies, and survivorship.
32 2. The advisory council shall make recommendations to the department
33 regarding the promotion and implementation of programs under sections
34 twenty-four hundred six and twenty-four hundred nine of this title.
35 3. The commissioner shall appoint twenty-one voting members, which
36 shall include representation of health care professionals, consumers,
37 patients and other appropriate interest reflective of the diversity of
38 the state, with expertise in breast, cervical and/or ovarian cancer. The
39 commissioner shall appoint one member as a chairperson. The members of
40 the council shall receive no compensation for their services, but shall
41 be allowed their actual and necessary expenses incurred in performance
42 of their duties.
43 4. A majority of the appointed voting membership of the board shall
44 constitute quorum.
45 5. The advisory council shall meet at least twice a year, at the
46 request of the department.
47 § 74. Section 844-a of the executive law is REPEALED.
48 § 75. This act shall take effect immediately; provided that:
49 (a) the amendments to the opening paragraph of subdivision 15 of
50 section 13-0309 of the environmental conservation law, made by section
51 sixty-nine of this act, shall take effect on the same date as the rever-
52 sion of such subdivision as provided in section 2 of chapter 158 of the
53 laws of 2011, as amended.
54 (b) sections thirty-six, thirty-seven, thirty-eight, thirty-nine,
55 forty, forty-one and forty-two of this act shall take effect upon the
56 resolution of all appeals pending before the freshwater appeals board;
S. 6260--C 41 A. 9060--C
1 provided, however, that such board, created by title 11 of article 24 of
2 the environmental conservation law, as repealed by section thirty-six of
3 this act, shall not accept any new cases as of the effective date of
4 this act; and
5 (c) the commissioner of the department of environmental conservation
6 shall notify the legislative bill drafting commission upon the resol-
7 ution of all appeals pending before the freshwater appeals board in
8 order that the commission may maintain an accurate and timely effective
9 date data base of the official text of the laws of the state of New York
10 in furtherance of effectuating the provisions of section 44 of the
11 legislative law and section 70-b of the public officers law.
12 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
13 sion, section or part of this act shall be adjudged by any court of
14 competent jurisdiction to be invalid, such judgment shall not affect,
15 impair, or invalidate the remainder thereof, but shall be confined in
16 its operation to the clause, sentence, paragraph, subdivision, section
17 or part thereof directly involved in the controversy in which such judg-
18 ment shall have been rendered. It is hereby declared to be the intent of
19 the legislature that this act would have been enacted even if such
20 invalid provisions had not been included herein.
21 § 3. This act shall take effect immediately provided, however, that
22 the applicable effective date of Parts A through D of this act shall be
23 as specifically set forth in the last section of such Parts.
