S T A T E   O F   N E W   Y O R K
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                                  7263

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced  by  M.  of  A. MAGEE, CASTRO, COOK, FIELDS, GUNTHER, JAFFEE,
  REILLY, STIRPE -- Multi-Sponsored by  --  M.  of  A.  LUPARDO  --  (at
  request of the Department of Agriculture and Markets) -- read once and
  referred to the Committee on Agriculture

AN  ACT  to  amend  the  agriculture and markets law, in relation to the
  state fair advisory board; and to repeal title 3 of article 8  of  the
  public authorities law, relating to the Industrial Exhibit Authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 28 of section 16 of the agriculture and markets
law, as amended by chapter 216 of the laws of 1967, is amended  to  read
as follows:
  28. Provide for holding a state fair to be known as the New York state
fair  and,  for  the  purpose  of seeking advice and counsel in relation
thereto, [designate and, at pleasure,  remove,  not  more  than  fifteen
persons  to  act as a] CONSULT WITH THE state fair advisory board[, with
which the commissioner may consult].  THE ADVISORY BOARD  SHALL  CONSIST
OF ELEVEN MEMBERS APPOINTED BY THE GOVERNOR, INCLUDING ONE MEMBER ON THE
RECOMMENDATION  OF  THE TEMPORARY PRESIDENT OF THE SENATE; ONE MEMBER ON
THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY;  ONE  MEMBER  ON  THE
RECOMMENDATION  OF  THE MINORITY LEADER OF THE SENATE; AND ONE MEMBER ON
THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY. THE  GOVERNOR
SHALL SELECT A MEMBER OF THE ADVISORY BOARD TO SERVE AS CHAIRPERSON. The
members of [such] THE ADVISORY board shall NOT receive [no] compensation
for  their  services, but [shall] MAY be paid their ACTUAL AND necessary
[traveling and other] expenses  [when  consulted  by  the  commissioner]
INCURRED IN SERVING UPON THE ADVISORY BOARD.
  S  2.  Transfer  assets and liabilities. All assets and liabilities of
the industrial exhibit authority, including but not limited to title to,
all of the property, real and personal, wherever located,  held  by,  on
behalf of, or for the benefit of the industrial exhibit authority shall,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09734-02-9
              

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upon  the  effective date of this act, vest in the state of New York and
shall be under the management and control of the department of  agricul-
ture  and  markets, consistent with the provisions of section thirty-one
of  the  agriculture  and markets law. All accounts, money, obligations,
contracts, agreements, causes of action and any other  thing  of  value,
wherever  located,  held  by,  on  behalf  of or for the benefit of, the
industrial exhibit authority shall, upon the effective date of this act,
be deemed property of the state of New York and title shall vest in  the
state of New York, under the management and control of the department of
agriculture and markets.
  S  3. Transfer of records. All books, papers and records of the indus-
trial exhibit authority are  hereby  transferred  and  assigned  to  the
department of agriculture and markets.
  S  4.  Completion of unfinished business. Any business or other matter
undertaken or commenced by the industrial exhibit authority and  pending
on  the effective date of this act may be conducted and completed by the
department of agriculture and markets or the commissioner of agriculture
and markets, as appropriate, in the same manner and under the same terms
and conditions and with the same effect as if conducted  by  the  indus-
trial exhibit authority.
  S  5.  Continuity  of  authority. For the purpose of succession to all
functions, powers, duties and obligations transferred and  assigned  to,
devolved  upon and assumed by it pursuant to this act, the department of
agriculture and markets, and/or  the  commissioner  of  agriculture  and
markets,  as  appropriate,  shall  be  deemed and held to constitute the
continuation of the  industrial  exhibit  authority  pertaining  to  the
powers and functions herein transferred.
  S  6.  Terms occurring in contracts and documents. Whenever the indus-
trial exhibit authority is referred to or  designated  in  contracts  or
documents, the department of agriculture and markets or the commissioner
of agriculture and markets, as appropriate, shall be substituted.
  S  7.  The  state may continue the employment of such employees of the
industrial exhibit authority as  deemed  necessary.  The  provisions  of
section forty-five of the civil service law shall apply to such acquisi-
tion.
  S 8. Existing rights and remedies provided. No existing right or reme-
dy  of  any  character  shall be lost, impaired or affected by reason of
this act.
  S 9. Pending actions and proceedings. No  action  pending  as  of  the
effective  date of this act brought by or against the industrial exhibit
authority shall be affected by any provision of this act, but  the  same
may  be  prosecuted or defended in the name of the commissioner of agri-
culture and markets or the department  of  agriculture  and  markets  as
appropriate,  and the proper party shall, upon application to the court,
be substituted as a party.
  S 10. Continuation of rules and regulations. All  rules,  regulations,
acts,  determinations  and decisions of the industrial exhibit authority
pertaining to the functions transferred and assigned  by  this  act,  in
force at the time of such transfer, assignment, assumption or devolution
shall continue in force and effect as rules, regulations, acts, determi-
nations  and decisions of the commissioner of agriculture and markets in
accordance with the context therefor, until duly modified  or  abrogated
by the commissioner of agriculture and markets.
  S  11.  Transfer  of appropriation. All appropriations and reappropri-
ations heretofore made to the industrial exhibit authority for the func-
tions, powers and other matters transferred pursuant to this act, to the

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extent of remaining unexpended or unencumbered balances thereof, whether
allocated or unallocated and whether obligated or unobligated, shall  be
transferred to and made available for use and expenditure by the depart-
ment  of agriculture and markets and shall be payable on vouchers certi-
fied or approved by the commissioner  of  agriculture  and  markets,  on
audit  and  warrant  of  the  comptroller.  Payments  of liabilities for
expenses of personal services, maintenance  and  operation  which  shall
have  been incurred by the industrial exhibit authority as of the effec-
tive date of this act in connection with the functions, powers and other
matters transferred pursuant to this act, shall also be made on vouchers
certified or approved by the commissioner of agriculture and markets, on
audit and warrant of the comptroller.
  S 12. Title 3 of article 8 of the public authorities law is REPEALED.
  S 13. This act shall take effect on the ninetieth day after  it  shall
have become a law.