senate Bill S6260C

Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2012-2013 state fiscal year

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Jan / 2012
    • REFERRED TO FINANCE
  • 10 / Feb / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 10 / Feb / 2012
    • PRINT NUMBER 6260A
  • 11 / Mar / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 11 / Mar / 2012
    • PRINT NUMBER 6260B
  • 25 / Mar / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 25 / Mar / 2012
    • PRINT NUMBER 6260C
  • 28 / Mar / 2012
    • ORDERED TO THIRD READING CAL.473
  • 28 / Mar / 2012
    • SUBSTITUTED BY A9060C

Summary

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).

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Bill Details

See Assembly Version of this Bill:
A9060C
Versions:
S6260
S6260A
S6260B
S6260C
Legislative Cycle:
2011-2012
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6260--C                                            A. 9060--C

                      S E N A T E - A S S E M B L Y

                            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:

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2012-2013
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through D. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1. Article 1 of the racing, pari-mutuel wagering and breeding
law is REPEALED and a new article 1 is added to read as follows:
                                ARTICLE 1
                       SUPERVISION AND REGULATION
SECTION 100.   LEGISLATIVE INTENT.
        101.   DEFINITIONS.
        102.   NEW YORK STATE GAMING COMMISSION.
        103.   ORGANIZATION AND DIVISIONS.
        104.   POWERS AND DUTIES OF THE COMMISSION.
        105.   QUORUM.
        106.   SALARY AND EXPENSES.
        107.   CONFLICTS PROHIBITED.
        108.   CERTAIN RESTRICTIONS ON WAGERING.
        109.   SUPPLEMENTARY REGULATORY POWERS OF THE COMMISSION.
        110.   STATEMENT OF STOCKHOLDERS TO BE FILED.
        111.   COMPULSIVE GAMBLING ASSISTANCE.
        112.   PARI-MUTUEL OPERATIONS; FILING OF  TAX  FORMS  AND  OTHER
                 STATISTICS.
        113.   FILING OF PARI-MUTUEL TAX RETURNS OR REPORTS BY ELECTRON-
                 IC MEANS.
        114.   PRACTICE AND PROCEDURE.
        115.   REGULATORY FEES.

S. 6260--C                          4                         A. 9060--C

        115-A. FEE FOR THE START OF A HORSE IN NEW YORK STATE PARI-MUTU-
                EL RACES.
        116.   PENALTIES.
        117.   TRANSFER OF FUNCTIONS.
        118.   TRANSFER OF EMPLOYEES.
        119.   TRANSFER OF RECORDS.
        120.   CONTINUITY OF AUTHORITY.
        121.   COMPLETION OF UNFINISHED BUSINESS.
        122.   CONTINUATION OF RULES AND REGULATIONS.
        123.   TERMS OCCURRING IN LAWS, CONTRACTS AND OTHER DOCUMENTS.
        124.   EXISTING RIGHTS AND REMEDIES PRESERVED.
        125.   PENDING ACTIONS OR PROCEEDINGS.
        126.   TRANSFER OF APPROPRIATIONS HERETOFORE MADE.
        127.   TRANSFER OF ASSETS AND LIABILITIES.
        128.   PROMULGATION OF RULES AND REGULATIONS.
        129.   CONSTRUCTION OF OTHER LAWS OF PROVISIONS.
  S  100.  LEGISLATIVE INTENT. THE LEGISLATURE FINDS AND DETERMINES THAT
THE GAMING INDUSTRIES CONSTITUTE A VITAL  SECTOR  OF  NEW  YORK  STATE'S
OVERALL  ECONOMY. THE LEGISLATURE ALSO FINDS AND DETERMINES THAT RESPON-
SIVE, EFFECTIVE, INNOVATIVE, STATE GAMING  REGULATION  IS  NECESSARY  TO
OPERATE IN A GLOBAL, EVOLVING AND INCREASINGLY COMPETITIVE MARKET PLACE.
THE  LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT THIS LEGISLATION
IS NECESSARY TO MODERNIZE AND TRANSFORM THE PRESENT STATE  GAMING  AGEN-
CIES INTO A NEW INTEGRATED STATE GAMING COMMISSION.
  THE CONTINUED GROWTH OF THE GAMING INDUSTRY WILL CONTRIBUTE TO ECONOM-
IC  DEVELOPMENT AND JOB CREATION IN THIS STATE.  THEREFORE, IT IS ESSEN-
TIAL TO MAINTAIN THE PUBLIC CONFIDENCE AND TRUST IN THE CREDIBILITY  AND
INTEGRITY  OF  LEGALIZED GAMING ACTIVITIES. TO ENSURE SUCH PUBLIC CONFI-
DENCE AND TRUST, THIS ARTICLE  PROVIDES  THAT  THE  REGULATION  OF  SUCH
GAMING  IS TO BE CONDUCTED IN THE MOST EFFICIENT, TRANSPARENT AND EFFEC-
TIVE MANNER POSSIBLE. BY CONSOLIDATING VARIOUS REGULATORY FUNCTIONS INTO
A SINGLE OVERSIGHT BODY WITH BROAD POWERS, THIS ARTICLE  ENSURES  STRICT
STATE  REGULATION  OF ALL CORPORATIONS, ASSOCIATIONS AND PERSONS ENGAGED
IN GAMING ACTIVITY. FURTHER, BY CONSOLIDATING REGULATORY FUNCTIONS  INTO
A  SINGLE  OVERSIGHT BODY, THIS ARTICLE WILL INCREASE EFFICIENCY, REDUCE
COSTS AND ELIMINATE ANY  UNNECESSARY  REDUNDANCIES  IN  REGULATION.  THE
IMPROVED  REGULATORY  STRUCTURE ESTABLISHED BY THIS ARTICLE WILL ENSURE,
SO FAR AS PRACTICABLE, THE EXCLUSION OF UNSUITABLE PERSONS  OR  ENTITIES
FROM  PARTICIPATING  IN ANY LEGALIZED GAMING ACTIVITY WITHIN THIS STATE.
THE GOAL OF THIS ARTICLE IS THAT ALL GAMING ACTIVITY CONDUCTED  IN  THIS
STATE WILL BE OF THE HIGHEST INTEGRITY, CREDIBILITY AND QUALITY AND THAT
THE  BEST  INTERESTS  OF THE PUBLIC, BOTH GAMING AND NON-GAMING, WILL BE
SERVED.  ADDITIONALLY, DURING THE TERM  OF  APPOINTMENT  OR  EMPLOYMENT,
EVERY  MEMBER,  OFFICER  AND EMPLOYEE OF THE COMMISSION SHALL BE HELD TO
THE HIGHEST ETHICAL STANDARDS AND AVOID  ANY  CONFLICT  OF  INTEREST  OR
APPEARANCE  THEREOF.   FINALLY, IT IS DETERMINED BY THE LEGISLATURE THAT
THE PUBLIC INTEREST IS BEST SERVED BY THOSE PERSONS OR ENTITIES  ENGAGED
IN  GAMING  ACTIVITY PAYING THE COST OF REGULATING SUCH ACTIVITY THROUGH
REASONABLE REGULATORY FEES.
  S 101. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "PUBLIC OFFICER" SHALL MEAN EVERY ELECTED STATE AND  LOCAL  OFFICER
AND  EVERY  OTHER  STATE AND LOCAL OFFICER, AS DEFINED IN SECTION TWO OF
THE PUBLIC OFFICERS LAW,  WHOSE  DUTIES  RELATE  TO  PARI-MUTUEL  RACING
ACTIVITIES  OR  THE  TAXATION  THEREOF, WHO IS REQUIRED TO DEVOTE ALL OR
SUBSTANTIALLY ALL OF HIS OR HER TIME TO THE DUTIES OF HIS OR HER  OFFICE

S. 6260--C                          5                         A. 9060--C

FOR  WHICH HE OR SHE RECEIVES COMPENSATION OR IF EMPLOYED ON A PART-TIME
OR OTHER BASIS  RECEIVES  COMPENSATION  IN  EXCESS  OF  TWELVE  THOUSAND
DOLLARS  PER  ANNUM,  A  MEMBER  OR  OFFICER OF THE STATE LEGISLATURE, A
MEMBER,  DIRECTOR  OR  OFFICER  OF  THE  STATE GAMING COMMISSION, OR ANY
REGIONAL OFF-TRACK BETTING CORPORATION, OR A MEMBER OF A LOCAL  LEGISLA-
TIVE BODY.
  2.  "PUBLIC EMPLOYEE" SHALL MEAN EVERY PERSON EMPLOYED BY THE STATE OR
ANY MUNICIPALITY OR OTHER POLITICAL SUBDIVISION THEREOF OR  BY  A  LOCAL
LEGISLATIVE BODY, OTHER THAN A PUBLIC OFFICER DEFINED IN SUBDIVISION ONE
OF  THIS  SECTION, WHO IS REQUIRED TO DEVOTE ALL OR SUBSTANTIALLY ALL OF
HIS OR HER TIME TO THE DUTIES OF HIS OR HER EMPLOYMENT FOR WHICH  HE  OR
SHE  RECEIVES COMPENSATION, OR IF EMPLOYED ON A PART-TIME BASIS RECEIVES
COMPENSATION IN EXCESS OF TWELVE  THOUSAND  DOLLARS  PER  ANNUM,  OR  AN
EMPLOYEE  OF  THE  STATE  LEGISLATURE OR AN EMPLOYEE OF THE STATE GAMING
COMMISSION.
  3. "PARTY OFFICER" SHALL MEAN THE FOLLOWING MEMBERS OR OFFICERS OF ANY
POLITICAL PARTY:
  (A) A MEMBER OF A NATIONAL COMMITTEE;
  (B) A CHAIRMAN, VICE-CHAIRMAN, SECRETARY, TREASURER OR  COUNSEL  OF  A
STATE COMMITTEE, OR MEMBER OF THE EXECUTIVE COMMITTEE OF A STATE COMMIT-
TEE;
  (C)  A  COUNTY  LEADER, CHAIRMAN, VICE-CHAIRMAN, COUNSEL, SECRETARY OR
TREASURER OF A COUNTY COMMITTEE.
  4. "LOCAL LEGISLATIVE BODY" SHALL MEAN THE LEGISLATIVE BODY OF A COUN-
TY; THE COUNCIL, COMMON COUNCIL OR BOARD OF ALDERMEN AND  THE  BOARD  OF
ESTIMATE,  THE  BOARD OF ESTIMATE AND APPORTIONMENT OR BOARD OF ESTIMATE
AND CONTRACT, IF THERE BE ONE, OF A CITY; THE TOWN BOARD OF A  TOWN  AND
THE VILLAGE BOARD OF A VILLAGE.
  5.  "GAMING  ACTIVITY" SHALL MEAN THE CONDUCT OF ANY FORM OF LEGALIZED
GAMING, INCLUDING, BUT NOT LIMITED TO, CLASS III GAMING UNDER THE INDIAN
GAMING REGULATORY ACT, 25 U.S.C. S 2701 ET SEQ.,  PARI-MUTUEL  WAGERING,
BOTH  ON-TRACK  AND  OFF-TRACK, BINGO AND CHARITABLE GAMES OF CHANCE AND
THE STATE LOTTERY FOR EDUCATION.
  6. "COMMISSION" OR "STATE GAMING COMMISSION" SHALL MEAN THE  NEW  YORK
STATE  GAMING  COMMISSION CREATED PURSUANT TO SECTION ONE HUNDRED TWO OF
THIS ARTICLE.
  S 102. NEW YORK STATE GAMING COMMISSION. 1. THERE  IS  HEREBY  CREATED
WITHIN  THE  EXECUTIVE  DEPARTMENT THE NEW YORK STATE GAMING COMMISSION.
THE COMMISSION SHALL CONSIST OF SEVEN MEMBERS APPOINTED BY THE  GOVERNOR
BY  AND WITH THE ADVICE AND CONSENT OF THE SENATE. OF THE SEVEN MEMBERS,
ONE SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE  TEMPORARY  PRESI-
DENT OF THE SENATE AND ONE SHALL BE APPOINTED UPON THE RECOMMENDATION OF
THE  SPEAKER OF THE ASSEMBLY. ALL MEMBERS SHALL CONTINUE IN OFFICE UNTIL
THEIR SUCCESSORS HAVE BEEN APPOINTED AND QUALIFIED.
  2. MEMBERS OF THE COMMISSION SHALL EACH  POSSESS  NO  LESS  THAN  FIVE
YEARS  OF  RESPONSIBLE  ADMINISTRATIVE  EXPERIENCE IN PUBLIC OR BUSINESS
ADMINISTRATION AND HAVE ANY ONE OR MORE OF THE FOLLOWING QUALIFICATIONS:
  (A) SIGNIFICANT SERVICE AS A CERTIFIED PUBLIC  ACCOUNTANT  EXPERIENCED
IN ACCOUNTING AND AUDITING,
  (B) A COMPREHENSIVE KNOWLEDGE OF CORPORATE FINANCE AND SECURITIES,
  (C)  PROFESSIONAL  EXPERIENCE  IN GAMING OR RACING REGULATORY ADMINIS-
TRATION OR GAMING OR RACING INDUSTRY MANAGEMENT, OR
  (D) SIGNIFICANT EXPERIENCE IN THE FIELDS  OF  CRIMINAL  INVESTIGATION,
LAW ENFORCEMENT, OR LAW.
  3.  A  MEMBER  SHALL  BE  DESIGNATED AS CHAIR OF THE COMMISSION BY THE
GOVERNOR TO SERVE IN SUCH CAPACITY AT THE PLEASURE OF  THE  GOVERNOR  OR

S. 6260--C                          6                         A. 9060--C

UNTIL  HIS  OR  HER  TERM  AS COMMISSION MEMBER EXPIRES, WHICHEVER FIRST
OCCURS. THE  MEMBERS  SHALL  BE  APPOINTED  FOR  TERMS  OF  FIVE  YEARS;
PROVIDED,  HOWEVER, THAT INITIAL APPOINTMENTS TO THE COMMISSION SHALL BE
FOR TERMS AS FOLLOWS:
  (A)  ONE  MEMBER  APPOINTED BY THE GOVERNOR SHALL SERVE FOR A ONE YEAR
TERM, ONE MEMBER APPOINTED BY THE GOVERNOR SHALL SERVE FOR  A  TWO  YEAR
TERM,  ONE MEMBER APPOINTED BY THE GOVERNOR SHALL SERVE FOR A THREE YEAR
TERM, ONE MEMBER APPOINTED BY THE GOVERNOR SHALL SERVE FOR A  FOUR  YEAR
TERM,  ONE  MEMBER APPOINTED BY THE GOVERNOR SHALL SERVE FOR A FIVE YEAR
TERM; AND
  (B) EACH OF THE MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDA-
TION OF THE TEMPORARY PRESIDENT OF THE SENATE AND UPON  THE  RECOMMENDA-
TION OF THE SPEAKER OF THE ASSEMBLY SHALL SERVE FOR A FOUR YEAR TERM.
  4.  THE  MEMBERS SHALL, WHEN PERFORMING THE WORK OF THE COMMISSION, BE
COMPENSATED AT A RATE OF THREE HUNDRED DOLLARS PER DAY, TOGETHER WITH AN
ALLOWANCE FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF
THEIR DUTIES.
  5. THE MEMBERS OF THE COMMISSION  SHALL  NOT  HOLD  ANY  OTHER  PUBLIC
OFFICE  OR  PUBLIC EMPLOYMENT FOR WHICH THEY SHALL RECEIVE COMPENSATION,
OTHER THAN NECESSARY TRAVEL OR OTHER EXPENSES INCURRED IN  THE  PERFORM-
ANCE  OF  THE DUTIES OF SUCH OFFICE OR EMPLOYMENT. MEMBERS MAY ENGAGE IN
PRIVATE EMPLOYMENT OR IN A PROFESSION OR  BUSINESS,  PROVIDED,  HOWEVER,
SUCH  EMPLOYMENT  DOES NOT INTERFERE OR CONFLICT WITH THE PERFORMANCE OR
PROPER DISCHARGE OF HIS OR HER DUTIES.
  6. EACH MEMBER OF THE COMMISSION SHALL BE A RESIDENT OF THE  STATE  OF
NEW YORK. NO MEMBER OF THE LEGISLATURE OR PERSON HOLDING ANY ELECTIVE OR
APPOINTIVE  OFFICE  IN  THE  FEDERAL, STATE OR LOCAL GOVERNMENT SHALL BE
ELIGIBLE TO SERVE AS A MEMBER OF THE COMMISSION.
  7. THE GOVERNOR MAY REMOVE ANY MEMBER  FOR  INEFFICIENCY,  NEGLECT  OF
DUTY  OR  MISCONDUCT  IN  OFFICE  AFTER  GIVING HIM OR HER A COPY OF THE
CHARGES AGAINST THEM, AND AN OPPORTUNITY OF BEING HEARD IN PERSON OR  BY
COUNSEL  IN  THEIR  OWN DEFENSE, UPON NOT LESS THAN TEN DAYS' NOTICE. IF
SUCH MEMBER SHALL BE REMOVED, THE GOVERNOR SHALL FILE IN THE  OFFICE  OF
THE  DEPARTMENT  OF  STATE  A COMPLETE STATEMENT OF CHARGES MADE AGAINST
SUCH MEMBER, AND HIS OR HER FINDINGS THEREON, TOGETHER WITH  A  COMPLETE
RECORD OF THE PROCEEDING.
  S 103. ORGANIZATION AND DIVISIONS. 1. THE COMMISSION SHALL ESTABLISH A
PLAN  OF  ORGANIZATION AND MAY INCUR EXPENSES WITHIN THE LIMITS OF FUNDS
AVAILABLE TO IT.  AN EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE GOVER-
NOR, WITH THE ADVICE AND CONSENT OF THE SENATE, WHO SHALL SERVE  AT  HIS
OR  HER  PLEASURE.  THE  EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE
CONDUCT OF THE ADMINISTRATIVE AFFAIRS OF THE COMMISSION.
  2. THE COMMISSION SHALL ESTABLISH  AND  SUPERVISE  FOUR  DIVISIONS  TO
RESPECTIVELY  CARRY  OUT RESPONSIBILITIES RELATING TO THE REGULATION AND
ENFORCEMENT OF THE FOLLOWING: LOTTERY, CHARITABLE  GAMING,  GAMING,  AND
HORSE  RACING  AND  PARI-MUTUEL  WAGERING.  EACH  SUCH DIVISION SHALL BE
SUPERVISED BY A DIVISION DIRECTOR, EACH TO SERVE IN SUCH CAPACITY AT THE
PLEASURE OF THE GOVERNOR.
  (A) DIVISION OF LOTTERY. THE DIVISION OF LOTTERY SHALL BE  RESPONSIBLE
TO OPERATE AND ADMINISTER THE STATE LOTTERY FOR EDUCATION, AS PRESCRIBED
BY  ARTICLE  THIRTY-FOUR  OF THE TAX LAW, EXCEPTING RESPONSIBILITIES FOR
VIDEO LOTTERY GAMING.  NOTWITHSTANDING THE FOREGOING, THE DIVISION SHALL
RETAIN THE RESPONSIBILITY FOR  ALL  ASPECTS  OF  PROMOTIONAL  ACTIVITIES
RELATED TO VIDEO LOTTERY GAMING.
  (B)  CHARITABLE  GAMING.  THE  DIVISION  OF CHARITABLE GAMING SHALL BE
RESPONSIBLE FOR THE SUPERVISION  AND  ADMINISTRATION  OF  THE  GAMES  OF

S. 6260--C                          7                         A. 9060--C

CHANCE  LICENSING  LAW,  BINGO  LICENSING  LAW  AND BINGO CONTROL LAW AS
PRESCRIBED BY ARTICLES NINE-A AND FOURTEEN-H OF  THE  GENERAL  MUNICIPAL
LAW AND NINETEEN-B OF THE EXECUTIVE LAW.
  (C) GAMING. THE DIVISION OF GAMING SHALL BE RESPONSIBLE FOR THE APPRO-
PRIATE  ADMINISTRATION,  REGULATION  OR  OVERSIGHT  OF  INDIAN GAMING AS
DEFINED BY TRIBAL-STATE COMPACTS IN EFFECT PURSUANT TO THE INDIAN GAMING
REGULATORY ACT, 25 U.S.C. S 2701, ET SEQ., AND  OPERATION  AND  ADMINIS-
TRATION OF VIDEO LOTTERY GAMING, AS PRESCRIBED BY ARTICLE THIRTY-FOUR OF
THE TAX LAW.
  (D)  HORSE  RACING  AND  PARI-MUTUEL  WAGERING.  THE DIVISION OF HORSE
RACING AND PARI-MUTUEL WAGERING SHALL  BE  RESPONSIBLE  FOR  THE  SUPER-
VISION, REGULATION AND ADMINISTRATION OF ALL HORSE RACING AND PARI-MUTU-
EL  WAGERING ACTIVITIES, AS PRESCRIBED BY ARTICLES TWO THROUGH ELEVEN OF
THIS CHAPTER.
  S 104. POWERS AND DUTIES OF THE COMMISSION. THE COMMISSION SHALL  HAVE
THE AUTHORITY AND RESPONSIBILITY:
  1.  TO HAVE GENERAL JURISDICTION OVER ALL GAMING ACTIVITIES WITHIN THE
STATE AND OVER THE CORPORATIONS, ASSOCIATIONS AND PERSONS ENGAGED THERE-
IN.
  2. TO HEAR AND DECIDE PROMPTLY AND IN REASONABLE  ORDER  ALL  LICENSE,
REGISTRATION,  CERTIFICATE AND PERMIT APPLICATIONS, AND CAUSES AFFECTING
THE GRANTING, SUSPENSION,  REVOCATION  OR  RENEWAL  THEREOF,  OF  CORPO-
RATIONS,  ASSOCIATIONS OR PERSONS ENGAGED OR SEEKING TO ENGAGE IN GAMING
ACTIVITY.
  3. TO TEST OR CAUSE TO HAVE TESTED AND APPROVE  SURVEILLANCE  SYSTEMS,
GAMES OF CHANCE, GAMING DEVICES AND LOTTERY GAMES.
  4. TO MONITOR ANY CORPORATION, ASSOCIATION OR PERSON ENGAGED IN GAMING
ACTIVITY FOR COMPLIANCE WITH THIS CHAPTER.
  5. TO, AT ANY TIME, EXAMINE THE BOOKS, PAPERS, RECORDS AND ACCOUNTS OF
ANY CORPORATION, ASSOCIATION OR PERSON ENGAGED IN GAMING ACTIVITY PURSU-
ANT  TO A LICENSE, REGISTRATION, FRANCHISE, CERTIFICATE OR PERMIT ISSUED
BY THE COMMISSION.
  6. TO CONDUCT INVESTIGATIONS AND HEARINGS PERTAINING TO VIOLATIONS  OF
THIS CHAPTER. EACH MEMBER OF THE COMMISSION AND SUCH OFFICERS, EMPLOYEES
OR  AGENTS  OF THE COMMISSION AS MAY BE DESIGNATED BY THE COMMISSION FOR
SUCH PURPOSE SHALL HAVE  THE  POWER  TO  ADMINISTER  OATHS  AND  EXAMINE
WITNESSES.
  7.  EACH  MEMBER  OF  THE  COMMISSION, AND SUCH OFFICERS, EMPLOYEES OR
AGENTS OF THE COMMISSION AS MAY BE DESIGNATED BY THE COMMISSION FOR SUCH
PURPOSE, SHALL HAVE THE POWER TO ADMINISTER OATHS AND EXAMINE WITNESSES,
AND MAY ISSUE SUBPOENAS TO  COMPEL  ATTENDANCE  OF  WITNESSES,  AND  THE
PRODUCTION  OF  ALL  RELEVANT AND MATERIAL REPORTS, BOOKS, PAPERS, DOCU-
MENTS, CORRESPONDENCE AND OTHER EVIDENCE.
  8. TO COLLECT ALL LICENSE AND REGISTRATION FEES IMPOSED BY STATE  LAW,
OR RULES OR REGULATIONS PROMULGATED THEREUNDER, AND ANY PAYMENTS FROM AN
INDIAN NATION OR TRIBE UNDER THE TERMS OF A TRIBAL-STATE COMPACT THAT IS
IN  EFFECT  PURSUANT  TO  THE  FEDERAL  INDIAN GAMING REGULATORY ACT, 25
U.S.C. S 2701, ET SEQ.
  9. TO LEVY AND COLLECT CIVIL PENALTIES AND FINES FOR ANY VIOLATION  OF
THIS CHAPTER.
  10.  TO  BE PRESENT THROUGH ITS EMPLOYEES AND AGENTS DURING THE OPERA-
TION OF ANY RACE TRACK, GAMING FACILITY, CHARITABLE GAMING ORGANIZATION,
SIMULCASTING FACILITY OR VIDEO LOTTERY GAMING FACILITY FOR  THE  PURPOSE
OF  CERTIFYING THE REVENUE THEREOF, RECEIVING COMPLAINTS FROM THE PUBLIC
RELATING TO THE CONDUCT OF GAMING  AND  SIMULCAST  WAGERING  ACTIVITIES,
EXAMINING  RECORDS  OF  REVENUES AND PROCEDURES, AND CONDUCTING PERIODIC

S. 6260--C                          8                         A. 9060--C

REVIEWS OF OPERATIONS AND FACILITIES  FOR  PURPOSES  OF  EVALUATING  ANY
CURRENT OR SUGGESTED PROVISION OF LAW, RULE OR REGULATION.
  11. TO ENSURE COMPLIANCE WITH TRIBAL-STATE GAMING COMPACTS THAT ARE IN
EFFECT PURSUANT TO THE FEDERAL INDIAN GAMING REGULATORY ACT, 25 U.S.C. S
2701, ET SEQ.
  12. TO REFER TO A LAW ENFORCEMENT AGENCY OF COMPETENT JURISDICTION ANY
EVIDENCE OF A VIOLATION OF LAW.
  13.  TO  CAUSE BACKGROUND INVESTIGATIONS TO BE CONDUCTED ON ANY APPLI-
CANT FOR A LICENSE, REGISTRATION, CERTIFICATE, PERMIT OR APPROVAL.
  14. TO ACCESS THE CRIMINAL HISTORY RECORDS OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES, PURSUANT  TO  SUBDIVISION  EIGHT-A  OF  SECTION  EIGHT
HUNDRED  THIRTY-SEVEN OF THE EXECUTIVE LAW, IN CONNECTION WITH EXECUTING
THE RESPONSIBILITIES OF THE COMMISSION RELATING TO THE REGULATION, OVER-
SIGHT, LICENSING, PERMITTING OR CERTIFICATION, INCLUDING FINGERPRINTING,
CRIMINAL HISTORY RECORD CHECKS AND BACKGROUND INVESTIGATIONS, OF PERSONS
APPLYING TO ENGAGE IN GAMING ACTIVITIES. AT THE REQUEST OF  THE  COMMIS-
SION,  THE  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SUBMIT A FINGER-
PRINT CARD, ALONG WITH THE SUBJECT'S  PROCESSING  FEE,  TO  THE  FEDERAL
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A CRIMINAL HISTORY
SEARCH  AND  RETURNING  A  REPORT  THEREON. THE COMMISSION SHALL ALSO BE
ENTITLED TO REQUEST AND RECEIVE, PURSUANT TO  A  WRITTEN  MEMORANDUM  OF
UNDERSTANDING FILED WITH THE DEPARTMENT OF STATE, ANY INFORMATION IN THE
POSSESSION  OF  THE STATE ATTORNEY GENERAL RELATING TO THE INVESTIGATION
OF ORGANIZED  CRIME,  GAMING  OFFENSES,  OTHER  REVENUE  CRIMES  OR  TAX
EVASION.  PROVIDED HOWEVER, THE ATTORNEY GENERAL MAY WITHHOLD ANY INFOR-
MATION  THAT (A) WOULD IDENTIFY A CONFIDENTIAL SOURCE OR DISCLOSE CONFI-
DENTIAL INFORMATION RELATING TO  A  CRIMINAL  INVESTIGATION,  (B)  WOULD
INTERFERE  WITH  LAW ENFORCEMENT INVESTIGATIONS OR JUDICIAL PROCEEDINGS,
(C) REVEAL CRIMINAL INVESTIGATIVE TECHNIQUES  OR  PROCEDURES,  THAT,  IF
DISCLOSED,  COULD  ENDANGER  THE  LIFE  OR  SAFETY OF ANY PERSON, OR (D)
CONSTITUTES RECORDS RECEIVED FROM OTHER STATE, LOCAL OR FEDERAL AGENCIES
THAT THE ATTORNEY GENERAL IS PROHIBITED BY LAW, REGULATION OR  AGREEMENT
FROM DISCLOSING.
  15.  (A) THE COMMISSION SHALL HAVE THE POWER TO APPOINT SUCH DEPUTIES,
SECRETARY, OFFICERS, REPRESENTATIVES AND COUNSEL AS THE  COMMISSION  MAY
DEEM  NECESSARY,  WHO  SHALL  BE DESIGNATED TO BE IN THE EXEMPT CLASS OF
CIVIL SERVICE.  ANY NEWLY HIRED EMPLOYEES WHO ARE NOT DESIGNATED  TO  BE
IN  THE  EXEMPT  CLASS OF CIVIL SERVICE PURSUANT TO THIS SUBDIVISION AND
WHO ARE NOT SUBJECT TO THE TRANSFER PROVISIONS SET FORTH IN SECTION  ONE
HUNDRED  EIGHTEEN  OF  THIS  ARTICLE SHALL BE CONSIDERED FOR PURPOSES OF
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW TO BE PUBLIC EMPLOYEES IN  THE
CIVIL  SERVICE  OF  THE  STATE, AND SHALL BE ASSIGNED TO THE APPROPRIATE
COLLECTIVE BARGAINING UNIT. EMPLOYEES  SERVING  IN  POSITIONS  IN  NEWLY
CREATED  TITLES SHALL BE ASSIGNED TO THE SAME COLLECTIVE BARGAINING UNIT
AS THEY WOULD HAVE BEEN ASSIGNED TO WERE SUCH TITLES  CREATED  PRIOR  TO
THE ESTABLISHMENT OF THE COMMISSION.
  (B)  IT SHALL BE THE DUTY OF THE SECRETARY TO KEEP A FULL AND FAITHFUL
RECORD OF THE PROCEEDINGS OF THE COMMISSION,  PRESERVE  AT  THE  GENERAL
OFFICE OF THE COMMISSION ALL BOOKS, MAPS, DOCUMENTS AND PAPERS ENTRUSTED
TO  HIS  OR HER CARE, PREPARE FOR SERVICE SUCH PAPERS AND NOTICES AS MAY
BE REQUIRED BY THE COMMISSION, AND PERFORM  SUCH  OTHER  DUTIES  AS  THE
COMMISSION MAY PRESCRIBE.
  16. TO OPERATE, OR IMMEDIATELY APPOINT OR CONTRACT WITH AN INDEPENDENT
THIRD  PARTY  TO  OPERATE,  ANY VIDEO LOTTERY GAMING FACILITY SUBJECT TO
LICENSURE BY THE COMMISSION ON AN INTERIM BASIS IN THE  EVENT  THAT  THE
LICENSED  OPERATOR OR OPERATORS OF SUCH FACILITY DISCONTINUES OPERATIONS

S. 6260--C                          9                         A. 9060--C

DUE TO FINANCIAL, REGULATORY OR ANY OTHER CIRCUMSTANCES, INCLUDING,  BUT
NOT  LIMITED  TO,  LICENSE REVOCATION, RELINQUISHMENT OR EXPIRATION, AND
THE COMMISSION DETERMINES, AFTER NOTICE AND AN OPPORTUNITY FOR  HEARING,
THAT  IT  WOULD FURTHER THE PUBLIC INTEREST TO CONTINUE SUCH OPERATIONS.
SUCH OPERATION SHALL BE ON A TEMPORARY BASIS, NOT TO EXCEED ONE  HUNDRED
EIGHTY  DAYS,  UNTIL  SUCH  TIME AS A PERMANENT OPERATOR IS LICENSED AND
AUTHORIZED TO OPERATE SUCH FACILITY.
  17.   TO RETAIN AND EMPLOY  PRIVATE  CONSULTANTS  AND  AGENCIES  ON  A
CONTRACT  BASIS  FOR  RENDERING TECHNICAL OR OTHER ASSISTANCE AND ADVICE
FOR THE PERFORMANCE OF ITS DUTIES.
  18. TO ANNUALLY REPORT TO THE GOVERNOR, THE SPEAKER  OF  THE  ASSEMBLY
AND  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE, ITS PROCEEDINGS FOR THE
PRECEDING CALENDAR YEAR AND ANY SUGGESTIONS AND  RECOMMENDATIONS  AS  IT
SHALL DEEM DESIRABLE.
  19. TO PROMULGATE ANY RULES AND REGULATIONS THAT IT DEEMS NECESSARY TO
CARRY OUT ITS RESPONSIBILITIES.
  20.  THE  COMMISSION  SHALL  SERVE  AS A HOST RACING COMMISSION AND AN
OFF-TRACK BETTING COMMISSION FOR PURPOSES OF 15 U.S.C. 3001, ET SEQ.
  S 105. QUORUM. A MAJORITY OF THE DULY APPOINTED MEMBERS OF THE COMMIS-
SION SHALL CONSTITUTE A QUORUM AND NOT LESS  THAN  A  MAJORITY  OF  SUCH
QUORUM MAY TRANSACT ANY BUSINESS, PERFORM ANY DUTY OR EXERCISE ANY POWER
OF THE COMMISSION.
  S  106.  SALARY AND EXPENSES.  1. THE COMMISSION SHALL FIX THE COMPEN-
SATION FOR ITS OFFICERS AND EMPLOYEES WITHIN  THE  AMOUNTS  APPROPRIATED
THEREFOR.
  2.  THE  MEMBERS,  OFFICERS  AND  EMPLOYEES OF THE COMMISSION SHALL BE
REIMBURSED FOR ALL ACTUAL AND NECESSARY TRAVELING AND OTHER EXPENSES AND
DISBURSEMENTS INCURRED OR MADE BY THEM IN THE DISCHARGE OF  THEIR  OFFI-
CIAL DUTIES.
  S  107.  CONFLICTS  PROHIBITED.  1. NO PERSON SHALL BE APPOINTED TO OR
EMPLOYED BY THE COMMISSION IF, DURING THE PERIOD COMMENCING THREE  YEARS
PRIOR TO APPOINTMENT OR EMPLOYMENT, SAID PERSON HELD ANY DIRECT OR INDI-
RECT  INTEREST  IN,  OR  EMPLOYMENT  BY, ANY CORPORATION, ASSOCIATION OR
PERSON ENGAGED IN GAMING ACTIVITY WITHIN THE STATE. PRIOR TO APPOINTMENT
OR EMPLOYMENT, EACH MEMBER, OFFICER OR EMPLOYEE OF THE COMMISSION  SHALL
SWEAR  OR AFFIRM THAT HE OR SHE POSSESSES NO INTEREST IN ANY CORPORATION
OR ASSOCIATION HOLDING A FRANCHISE, LICENSE,  REGISTRATION,  CERTIFICATE
OR PERMIT ISSUED BY THE COMMISSION.  THEREAFTER, NO MEMBER OR OFFICER OF
THE  COMMISSION  SHALL HOLD ANY DIRECT INTEREST IN OR BE EMPLOYED BY ANY
APPLICANT FOR OR BY ANY CORPORATION, ASSOCIATION  OR  PERSON  HOLDING  A
LICENSE,  REGISTRATION,  FRANCHISE,  CERTIFICATE OR PERMIT ISSUED BY THE
COMMISSION FOR A PERIOD OF FOUR YEARS COMMENCING ON THE DATE HIS OR  HER
MEMBERSHIP  WITH  THE COMMISSION TERMINATES. FURTHER, NO EMPLOYEE OF THE
COMMISSION MAY ACQUIRE ANY DIRECT OR INDIRECT  INTEREST  IN,  OR  ACCEPT
EMPLOYMENT  WITH,  ANY  APPLICANT  FOR  OR ANY PERSON HOLDING A LICENSE,
REGISTRATION, FRANCHISE, CERTIFICATE OR PERMIT ISSUED BY THE  COMMISSION
FOR  A  PERIOD  OF TWO YEARS COMMENCING AT THE TERMINATION OF EMPLOYMENT
WITH THE COMMISSION.
  2. NO MEMBER, OFFICER, OFFICIAL OR EMPLOYEE OF  THE  COMMISSION  SHALL
PARTICIPATE  AS  AN OWNER OF A HORSE OR OTHERWISE AS A CONTESTANT IN ANY
HORSE RACE AT A RACE MEETING WHICH IS UNDER THE JURISDICTION  OR  SUPER-
VISION  OF  THE  COMMISSION,  OR  HAVE ANY PECUNIARY INTEREST, DIRECT OR
INDIRECT, IN THE PURSE, PRIZE, PREMIUM OR STAKE  CONTESTED  FOR  AT  ANY
SUCH  HORSE  RACE OR IN THE OPERATIONS OF ANY LICENSEE OF THE COMMISSION
OR STATE RACING FRANCHISEE. PARTICIPATION AS AN  OWNER  OF  A  HORSE  OR
OTHERWISE  AS  A CONTESTANT IN ANY SUCH HORSE RACE BY A MEMBER, OFFICER,

S. 6260--C                         10                         A. 9060--C

OTHER OFFICIAL OR EMPLOYEE OF THE COMMISSION IN VIOLATION OF THIS PROHI-
BITION SHALL TERMINATE THE TERM OF HIS OR HER OFFICE AS A MEMBER, OR HIS
OR HER SERVICES AS AN OFFICER OR OFFICIAL OR EMPLOYEE OF THE COMMISSION.
  3.  NO  MEMBER, OFFICER OR EMPLOYEE OF THE COMMISSION SHALL WAGER UPON
GAMING OR HORSE RACING ACTIVITY CONDUCTED WITHIN THE STATE.
  4. NO INDIVIDUAL EMPLOYED BY AN OFF-TRACK BETTING CORPORATION OR  RACE
TRACK  LICENSED PURSUANT TO THIS CHAPTER AS A PARI-MUTUEL CLERK, CASHIER
OR SELLER SHALL BE PERMITTED TO WAGER UPON GAMING  ACTIVITY  DURING  ANY
PERIOD OF A DAY ON WHICH SUCH PERSON IS EMPLOYED IN SUCH CAPACITY.
  5.  NO  PUBLIC OFFICER OR PARTY OFFICER SHALL HOLD ANY RACING OR VIDEO
LOTTERY GAMING LICENSE FROM THE COMMISSION.
  6. THE FOLLOWING PUBLIC EMPLOYEES  ARE  PROHIBITED  FROM  HOLDING  ANY
LICENSE FROM THE COMMISSION:
  (A)  AN  EMPLOYEE  OF  THE  COMMISSION;  ANY DIRECTOR OR EMPLOYEE OF A
REGIONAL OFF-TRACK BETTING CORPORATION EMPLOYED IN A MANAGEMENT,  CONFI-
DENTIAL  OR  SUPERVISORY  CAPACITY  FOR  PURPOSES OF THEIR POSITION WITH
OFF-TRACK BETTING; OR
  (B) AN EMPLOYEE OF THE STATE LEGISLATURE; PROVIDED, HOWEVER,  THAT  AN
EMPLOYEE  OF  THE STATE LEGISLATURE WHOSE DUTIES IN SUCH POSITION DO NOT
RELATE TO GAMING ACTIVITIES SHALL NOT BE SUBJECT TO THE PROHIBITIONS  OF
THIS  SECTION  IF  HE OR SHE HELD A LICENSE FROM THE FORMER STATE RACING
AND WAGERING BOARD WHILE EMPLOYED BY THE STATE LEGISLATURE PRIOR TO JULY
FIRST, NINETEEN HUNDRED EIGHTY; OR
  (C) AN EMPLOYEE OF ANY LOCAL LEGISLATIVE  BODY  WHOSE  DUTIES  INVOLVE
GAMING ACTIVITIES; OR
  (D)  AN  EMPLOYEE  OF  ANY  STATE OR LOCAL BOARD, AGENCY, AUTHORITY OR
OTHER STATE OR LOCAL GOVERNMENTAL BODY, THE DUTIES OF  WHICH  RELATE  TO
GAMING ACTIVITIES OR THE TAXATION THEREOF.
  7. NO PUBLIC OFFICER, PUBLIC EMPLOYEE OR PARTY OFFICER SHALL:
  (A)  OWN  OR  HOLD,  DIRECTLY OR INDIRECTLY, ANY PROPRIETARY INTEREST,
STOCK OR OBLIGATION OF ANY FIRM, ASSOCIATION OR CORPORATION (I) WHICH IS
LICENSED BY THE COMMISSION TO CONDUCT  VIDEO  LOTTERY  GAMING  OR  HORSE
RACING  ACTIVITIES,  OR  (II)  WHICH  CONDUCTS ITS OCCUPATION, TRADE, OR
BUSINESS AT A RACETRACK AT WHICH PARI-MUTUEL RACE MEETS ARE CONDUCTED OR
FACILITY WHERE VIDEO LOTTERY GAMING ACTIVITY IS CONDUCTED WHETHER OR NOT
A LICENSE IS REQUIRED, OR (III) WHICH OWNS OR LEASES TO ANY ENFRANCHISED
OR LICENSED ASSOCIATION OR CORPORATION A RACETRACK AT WHICH  PARI-MUTUEL
RACING  IS  CONDUCTED OR FACILITY WHERE VIDEO LOTTERY GAMING ACTIVITY IS
CONDUCTED, OR (IV) WHICH PARTICIPATES IN THE MANAGEMENT OF ANY FRANCHISE
HOLDER OR LICENSEE CONDUCTING  VIDEO  LOTTERY  GAMING  OR  HORSE  RACING
ACTIVITIES; OR
  (B) HOLD ANY OFFICE OR EMPLOYMENT WITH ANY FIRM, ASSOCIATION OR CORPO-
RATION  SPECIFIED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  EXCEPT AS
PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION; OR
  (C) SELL, OR BE A MEMBER OF A FIRM, OR OWN TEN PER CENTUM OR  MORE  OF
THE  STOCK  OF ANY CORPORATION, WHICH SELLS ANY GOODS OR SERVICES TO ANY
FIRM, ASSOCIATION OR CORPORATION SPECIFIED  IN  PARAGRAPH  (A)  OF  THIS
SUBDIVISION.    FOR  PURPOSES  OF THIS SUBDIVISION, A DIRECT OR INDIRECT
INTEREST SHALL NOT INCLUDE AN INTEREST IN A MUTUAL  FUND  OR  ANY  OTHER
DIVERSIFIED INVESTMENTS OVER WHICH THE RECIPIENT DOES NOT KNOW THE IDEN-
TITY OF THE PRIMARY SOURCE OF INCOME.
  8.  THE  PROVISIONS  OF  PARAGRAPH  (B)  OF  SUBDIVISION SEVEN OF THIS
SECTION SHALL NOT APPLY TO A PUBLIC EMPLOYEE OTHER THAN AN  EMPLOYEE  OF
THE  COMMISSION, A POLICE OFFICER OR A PEACE OFFICER EMPLOYED BY A SHER-
IFF'S OFFICE, DISTRICT ATTORNEY'S OFFICE OR OTHER  STATE  OR  LOCAL  LAW
ENFORCEMENT  AGENCY,  OR THOSE EMPLOYEES CLASSIFIED AS MANAGEMENT CONFI-

S. 6260--C                         11                         A. 9060--C

DENTIAL EMPLOYEES PURSUANT TO SECTION TWO HUNDRED FOURTEEN OF THE  CIVIL
SERVICE  LAW WHO ARE EMPLOYED BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY
OR REGIONAL  OFF-TRACK  BETTING  CORPORATION;  PROVIDED,  HOWEVER,  THAT
EMPLOYMENT  OF EMPLOYEES OF A POLITICAL SUBDIVISION MAY BE PROHIBITED BY
ORDINANCE, RESOLUTION OR LOCAL LAW ADOPTED BY THE LOCAL LEGISLATIVE BODY
OR OTHER GOVERNING BOARD OF SUCH POLITICAL SUBDIVISION.
  9. THE COMMISSION SHALL HAVE THE POWER TO REFUSE TO GRANT OR TO REVOKE
OR SUSPEND A LICENSE OF ANY PERSON, ASSOCIATION OR CORPORATION THAT AIDS
OR KNOWINGLY PERMITS OR CONSPIRES TO PERMIT ANY PUBLIC  OFFICER,  PUBLIC
EMPLOYEE  OR  PARTY OFFICER TO ACQUIRE OR RETAIN ANY INTEREST PROHIBITED
BY THIS SECTION AND SHALL HAVE THE POWER TO EXCLUDE FROM THE GROUNDS  OF
ANY RACING ASSOCIATION ANY SUCH PERSON, ASSOCIATION OR CORPORATION.
  10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN ADDITION TO ANY
OTHER CAUSE OF REMOVAL PROVIDED BY LAW, AN INTENTIONAL VIOLATION OF THIS
SECTION SHALL BE CAUSE FOR REMOVAL FROM PUBLIC OFFICE, PUBLIC EMPLOYMENT
OR  PARTY OFFICE. IN ANY SUCH CASE, SUCH PUBLIC OFFICER, PUBLIC EMPLOYEE
OR PARTY OFFICER VIOLATING THIS SECTION SHALL BE REMOVED FROM OFFICE  BY
THE  APPROPRIATE AUTHORITY HAVING THE POWER OF REMOVAL OR AT THE SUIT OF
THE ATTORNEY GENERAL. FURTHER, SUCH PUBLIC OFFICER, PUBLIC  EMPLOYEE  OR
PARTY  OFFICER  SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN TEN
THOUSAND DOLLARS.
  S 108. CERTAIN RESTRICTIONS ON WAGERING. 1.  NO  CORPORATION,  ASSOCI-
ATION  OR PERSON WHICH HOLDS A LICENSE, REGISTRATION, FRANCHISE, CERTIF-
ICATE OR PERMIT ISSUED BY THE COMMISSION SHALL  DIRECTLY  EXTEND  CREDIT
FOR ANY WAGER UNDER THIS CHAPTER.
  2.  NO CORPORATION, ASSOCIATION OR PERSON THAT HOLDS A LICENSE, REGIS-
TRATION, FRANCHISE, CERTIFICATE OR PERMIT ISSUED BY THE COMMISSION SHALL
PERMIT ANY PERSON WHO IS ACTUALLY OR APPARENTLY UNDER EIGHTEEN YEARS  OF
AGE TO BET ON GAMING ACTIVITY, AS DEFINED IN SUBDIVISION FIVE OF SECTION
ONE HUNDRED ONE OF THIS ARTICLE.
  S  109.  SUPPLEMENTARY  REGULATORY POWERS OF THE COMMISSION.  NOTWITH-
STANDING ANY INCONSISTENT PROVISION OF LAW, THE COMMISSION  THROUGH  ITS
RULES  AND REGULATIONS OR IN ALLOTTING DATES FOR RACING, SIMULCASTING OR
IN LICENSING RACE MEETINGS AT WHICH  PARI-MUTUEL  BETTING  IS  PERMITTED
SHALL BE AUTHORIZED TO:
  1.  PERMIT  RACING AT WHICH PARI-MUTUEL BETTING IS CONDUCTED ON ANY OR
ALL DATES FROM THE FIRST DAY OF JANUARY THROUGH THE THIRTY-FIRST DAY  OF
DECEMBER,  INCLUSIVE  OF SUNDAYS BUT EXCLUSIVE OF DECEMBER TWENTY-FIFTH,
PALM SUNDAY AND EASTER SUNDAY; AND
  2. FIX MINIMUM AND MAXIMUM CHARGES FOR ADMISSION AT ANY RACE MEETING.
  S 110. STATEMENT OF STOCKHOLDERS TO BE  FILED.  EVERY  CORPORATION  OR
ASSOCIATION AUTHORIZED UNDER THIS CHAPTER TO CONDUCT PARI-MUTUEL BETTING
AT  A RACE MEETING OR RACES RUN THEREAT SHALL FILE WITH THE COMMISSION A
STATEMENT GIVING THE NAMES AND ADDRESSES OF  ALL  ITS  STOCKHOLDERS  AND
SHALL  LIKEWISE  FILE REVISED STATEMENTS GIVING SUCH NAMES AND ADDRESSES
FROM TIME TO TIME AS CHANGES OCCUR.
  S 111. COMPULSIVE GAMBLING ASSISTANCE. 1. THE COMMISSION SHALL COOPER-
ATE WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES  TO
ENSURE  THE  POSTING OF SIGNS AND LISTING OF INFORMATION ON THE INTERNET
DESIGNED TO ASSIST COMPULSIVE GAMBLERS PURSUANT  TO  THE  PROVISIONS  OF
SUBDIVISION (H) OF SECTION 19.09 OF THE MENTAL HYGIENE LAW.
  2.  (A) THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS PURSUANT
TO WHICH PEOPLE MAY VOLUNTARILY EXCLUDE  THEMSELVES  FROM  ENTERING  THE
PREMISES  OF  AN  ASSOCIATION OR CORPORATION LICENSED OR ENFRANCHISED BY
THE COMMISSION PURSUANT TO THIS CHAPTER.

S. 6260--C                         12                         A. 9060--C

  (B) AN ASSOCIATION OR CORPORATION LICENSED OR ENFRANCHISED PURSUANT TO
THIS CHAPTER SHALL NOT BE LIABLE TO ANY SELF-EXCLUDED PERSON OR  TO  ANY
OTHER  PARTY IN ANY JUDICIAL PROCEEDING FOR ANY HARM, MONETARY OR OTHER-
WISE, WHICH MAY ARISE AS A RESULT OF A SELF-EXCLUDED  PERSON'S  ENGAGING
IN  GAMING ACTIVITY WHILE ON THE LIST OF SELF-EXCLUDED PERSONS; PROVIDED
THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL LIMIT  THE  LIABILITY  OF
ANY  SUCH  ASSOCIATION,  CORPORATION,  OR FACILITY FOR ANY OTHER ACTS OR
OMISSIONS UNDER ANY OTHER STATUTORY LAW OR UNDER THE COMMON LAW.
  (C) NO VOLUNTARY ORDER OR REQUEST TO EXCLUDE PERSONS FROM ENTERING THE
PREMISES OF ANY  SUCH  ASSOCIATION,  CORPORATION,  OR  FACILITY  MAY  BE
RESCINDED,  CANCELED, OR DECLARED NULL AND VOID UNTIL SEVEN DAYS AFTER A
REQUEST HAS BEEN RECEIVED BY SUCH ASSOCIATION, CORPORATION, OR  FACILITY
TO CANCEL SUCH ORDER OR REQUEST.
  3. THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS UNDER WHICH A
PERSON  WITH  AN  ACCOUNT  AUTHORIZED  PURSUANT  TO SECTION ONE THOUSAND
TWELVE OF THIS CHAPTER MAY VOLUNTARILY PLACE LIMITS ON  THE  AMOUNTS  OF
HIS  OR  HER  WAGERS  OR POTENTIAL WAGERS ON A DAILY OR WEEKLY BASIS. NO
ORDER FROM A PERSON TO REMOVE ANY LIMIT PLACED ON ACCOUNT  WAGERS  SHALL
BE  EFFECTIVE  UNTIL SEVEN DAYS AFTER IT HAS BEEN RECEIVED BY THE ENTITY
CONDUCTING ACCOUNT WAGERING.
  S 112. PARI-MUTUEL OPERATIONS; FILING OF TAX FORMS AND  OTHER  STATIS-
TICS.  THE COMMISSION AND THE COMMISSIONER OF TAXATION AND FINANCE SHALL
APPROVE ALL SYSTEMS USED FOR DATA PROCESSING AND COMMUNICATIONS  IN  THE
OPERATION  OF PARI-MUTUEL BETTING AND, IN ITS DISCRETION, THE COMMISSION
MAY ESTABLISH, BY REGULATION, UNIFORM PROTOCOLS TO BE EMPLOYED  FOR  THE
MERGING  OF  WAGERS  DEPOSITED  WITH  ONE  PARI-MUTUEL OPERATOR WITH THE
WAGERS DEPOSITED WITH ANOTHER PARI-MUTUEL OPERATOR.
  S 113. FILING OF PARI-MUTUEL TAX  RETURNS  OR  REPORTS  BY  ELECTRONIC
MEANS.  EVERY  CORPORATION  OR ASSOCIATION AUTHORIZED BY THIS CHAPTER TO
CONDUCT PARI-MUTUEL BETTING ON HORSE RACES SHALL FILE IN A TIMELY MANNER
PARI-MUTUEL TAX RETURNS OR OTHER REPORTS RELATING TO  SUCH  ACTIVITY  IN
SUCH  FORM  AND  BY  SUCH  MEANS,  INCLUDING ELECTRONIC MEANS, AS MAY BE
PRESCRIBED BY  THE  COMMISSION  OR  THE  COMMISSIONER  OF  TAXATION  AND
FINANCE,  AS  THE  CASE MAY BE IN ACCORDANCE WITH THE PROVISIONS OF THIS
CHAPTER.
  S 114. PRACTICE AND PROCEDURE. THE PROVISIONS OF ARTICLE  TWENTY-SEVEN
OF  THE  TAX LAW, EXCEPT SECTIONS ONE THOUSAND EIGHTY-FIVE AND ONE THOU-
SAND NINETY-SEVEN, SHALL APPLY TO THE PROVISIONS OF THIS CHAPTER IN  THE
SAME  MANNER  AND  WITH  THE SAME FORCE AND EFFECT AS IF THE LANGUAGE OF
SUCH ARTICLE HAD BEEN INCORPORATED IN FULL INTO  THIS  CHAPTER  AND  HAD
EXPRESSLY  REFERRED  TO  THE ADMISSION TAXES, PARI-MUTUEL REVENUE TAXES,
THE FRANCHISE FEE ON A FRANCHISED CORPORATION AND UNPAID  MONEY  DUE  ON
ACCOUNT  OF  PARI-MUTUEL  TICKETS  NOT  PRESENTED,  ADMINISTERED  BY THE
COMMISSIONER OF TAXATION AND FINANCE,  UNDER  THIS  CHAPTER,  WITH  SUCH
MODIFICATIONS AS MAY BE NECESSARY IN ORDER TO ADAPT THE LANGUAGE OF SUCH
PROVISIONS TO SUCH TAXES, FEE AND UNPAID MONEY DUE, EXCEPT TO THE EXTENT
THAT  ANY  PROVISION  OF  SUCH  ARTICLE  IS  EITHER  INCONSISTENT WITH A
PROVISION OF THIS CHAPTER OR IS NOT RELEVANT TO THIS CHAPTER.
  S 115. REGULATORY FEES.  1.  PAYMENT OF THE REGULATORY FEES IMPOSED BY
THIS CHAPTER SHALL BE MADE TO THE COMMISSION BY EACH ENTITY REQUIRED  TO
MAKE  SUCH  PAYMENTS  ON  THE  LAST BUSINESS DAY OF EACH MONTH AND SHALL
COVER THE FEES DUE FOR THE PERIOD FROM THE SIXTEENTH DAY OF THE  PRECED-
ING  MONTH  THROUGH  THE  FIFTEENTH  DAY  OF THE CURRENT MONTH, PROVIDED
HOWEVER THAT ALL SUCH PAYMENTS REQUIRED TO BE MADE ON MARCH THIRTY-FIRST
SHALL INCLUDE ALL FEES DUE AND ACCRUING THROUGH THE LAST  FULL  WEEK  OF
RACING  OF THE CURRENT YEAR OR AS OTHERWISE DETERMINED BY THE COMMISSION

S. 6260--C                         13                         A. 9060--C

AND SHALL BE ACCOMPANIED BY A REPORT UNDER OATH, SHOWING  SUCH  INFORMA-
TION  AS  THE  COMMISSION  MAY  REQUIRE.  A PENALTY OF FIVE PERCENT, AND
INTEREST AT THE RATE OF ONE PERCENT PER MONTH FROM THE DATE  THE  REPORT
IS  REQUIRED  TO BE FILED TO THE DATE OF THE PAYMENT OF THE FEE SHALL BE
PAYABLE IN CASE ANY FEE IMPOSED BY THIS CHAPTER IS NOT PAID WHEN DUE. IF
THE COMMISSION DETERMINES THAT ANY REGULATORY FEES RECEIVED BY IT  UNDER
THIS CHAPTER WERE PAID IN ERROR, THE COMMISSION MAY CAUSE THE SAME TO BE
REFUNDED  WITHOUT  INTEREST  OUT  OF  ANY  MONIES  COLLECTED THEREUNDER,
PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE COMMISSION WITHIN ONE
YEAR FROM THE TIME THE ERRONEOUS PAYMENT IS MADE.
  2. THE COMMISSION OR ITS DULY AUTHORIZED  REPRESENTATIVES  SHALL  HAVE
THE  POWER  TO  EXAMINE OR CAUSE TO BE EXAMINED THE BOOKS AND RECORDS OF
EACH ENTITY REQUIRED TO PAY THE REGULATORY FEE IMPOSED BY  THIS  CHAPTER
FOR  THE  PURPOSE  OF  EXAMINING  AND CHECKING THE SAME AND ASCERTAINING
WHETHER OR NOT THE PROPER AMOUNT OR AMOUNTS DUE ARE BEING  PAID.  IF  IN
THE  OPINION  OF THE COMMISSION, AFTER SUCH EXAMINATION, ANY SUCH REPORT
IS INCORRECT, THE COMMISSION IS AUTHORIZED TO ISSUE AN ASSESSMENT FIXING
THE CORRECT AMOUNT OF SUCH FEE. SUCH ASSESSMENTS MAY  BE  ISSUED  WITHIN
THREE  YEARS FROM THE FILING OF ANY REPORT. ANY SUCH ASSESSMENT SHALL BE
FINAL AND CONCLUSIVE UNLESS AN APPLICATION FOR A HEARING IS FILED BY THE
REPORTING ENTITY WITHIN THIRTY DAYS OF THE ASSESSMENT. THE ACTION OF THE
COMMISSION IN MAKING SUCH FINAL ASSESSMENT SHALL BE  REVIEWABLE  IN  THE
SUPREME COURT IN THE MANNER PROVIDED BY AND SUBJECT TO THE PROVISIONS OF
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  3. THE COMMISSION SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET AN ANNUAL
PLAN  THAT DETAILS THE AMOUNT OF MONEY THE COMMISSION DEEMS NECESSARY TO
MAINTAIN THE OPERATIONS, COMPLIANCE AND ENFORCEMENT OF THE PROVISIONS OF
THIS CHAPTER. CONTINGENT UPON APPROVAL OF THE DIRECTOR  OF  THE  BUDGET,
THE  COMMISSION  SHALL  PAY  INTO  AN ACCOUNT, TO BE KNOWN AS THE RACING
REGULATION ACCOUNT, UNDER THE JOINT CUSTODY OF THE COMPTROLLER  AND  THE
COMMISSION,  THE  TOTAL AMOUNT OF THE REGULATORY FEES COLLECTED PURSUANT
TO THIS CHAPTER. WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, MONIES
TO BE UTILIZED TO MAINTAIN THE OPERATIONS  NECESSARY  TO  IMPLEMENT  THE
PROVISIONS  OF  THIS  CHAPTER  SHALL  BE PAID OUT OF SUCH ACCOUNT ON THE
AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED AND  APPROVED
BY THE DIRECTOR OF THE BUDGET OR HIS DULY DESIGNATED OFFICIAL.
  S  115-A.  FEE  FOR THE START OF A HORSE IN NEW YORK STATE PARI-MUTUEL
RACES.  1. IN ORDER TO PROVIDE SUPPLEMENTAL FUNDING TO SUPPORT THE OPER-
ATIONS OF THE COMMISSION, A FEE IN THE AMOUNT OF TEN  DOLLARS  SHALL  BE
ASSESSED  AND PAID UPON EVERY HORSE ENTERED IN A PARI-MUTUEL RACE IN NEW
YORK STATE THAT ACTUALLY STARTS IN THE RACE. SUCH FEE SHALL BE  REFUNDED
TO  THE  OWNER OR CREDITED TO THE OWNER'S ACCOUNT IN THE EVENT THE HORSE
DOES NOT ACTUALLY START IN THE RACE. THE COMMISSION SHALL, AS  A  CONDI-
TION OF RACING, REQUIRE ANY CORPORATION AUTHORIZED UNDER THIS CHAPTER TO
CONDUCT  PARI-MUTUEL  BETTING AT A RACE MEETING OR RACES RUN THEREAT, TO
REQUIRE THAT EACH OWNER RACING A HORSE SHALL HAVE PLACED ON  DEPOSIT  AT
THE  TIME  OF  ENTRY WITH THE HORSEMEN'S BOOKKEEPER OR SIMILAR OFFICE OF
SUCH CORPORATION THE REQUIRED FEE IN THE AMOUNT OF TEN DOLLARS PER HORSE
ENTERED IN A PARI-MUTUEL RACE. UNLESS REFUNDED OR  CREDITED,  THE  TOTAL
FEE  AMOUNT COLLECTED DURING THE PRECEDING MONTH BY THE HORSEMEN'S BOOK-
KEEPER OR SIMILAR OFFICE OF  SUCH  CORPORATION  SHALL  BE  PAID  TO  THE
COMMISSION  ON  THE  FIRST  BUSINESS DAY OF EACH MONTH. PAYMENT SHALL BE
ACCOMPANIED BY A REPORT, UNDER OATH, SHOWING  SUCH  INFORMATION  AS  THE
COMMISSION  MAY  REQUIRE. A PENALTY OF FIVE PERCENT, AND INTEREST AT THE
RATE OF ONE PERCENT PER MONTH FROM THE DATE THE REPORT IS REQUIRED TO BE
FILED TO THE DATE OF THE PAYMENT OF THE FEE, SHALL BE  PAYABLE  IN  CASE

S. 6260--C                         14                         A. 9060--C

ANY FEE IMPOSED BY THIS SUBDIVISION IS NOT PAID WHEN DUE. IF THE COMMIS-
SION DETERMINES THAT ANY FEES RECEIVED BY IT UNDER THIS SUBDIVISION WERE
PAID  IN ERROR, THE COMMISSION MAY CAUSE THE SAME TO BE REFUNDED WITHOUT
INTEREST  OUT OF ANY MONIES COLLECTED HEREUNDER, PROVIDED AN APPLICATION
THEREFOR IS FILED WITH THE COMMISSION WITHIN ONE YEAR FROM THE TIME  THE
ERRONEOUS PAYMENT IS MADE.
  2.  THE  COMMISSION  OR ITS DULY AUTHORIZED REPRESENTATIVES SHALL HAVE
THE POWER TO EXAMINE OR CAUSE TO BE EXAMINED THE BOOKS  AND  RECORDS  OF
SUCH  CORPORATIONS  REQUIRED TO PAY OVER THE FEE IMPOSED BY THIS SECTION
FOR THE PURPOSE OF EXAMINING AND  CHECKING  THE  SAME  AND  ASCERTAINING
WHETHER THE PROPER AMOUNT OR AMOUNTS DUE ARE BEING PAID. IF IN THE OPIN-
ION OF THE COMMISSION, AFTER SUCH EXAMINATION, ANY SUCH REPORT IS INCOR-
RECT,  THE  COMMISSION  IS  AUTHORIZED TO ISSUE AN ASSESSMENT FIXING THE
CORRECT AMOUNT OF SUCH FEE. SUCH ASSESSMENTS MAY BE ISSUED WITHIN  THREE
YEARS  FROM THE FILING OF ANY REPORT. ANY SUCH ASSESSMENT SHALL BE FINAL
AND CONCLUSIVE UNLESS AN APPLICATION FOR  A  HEARING  IS  FILED  BY  THE
REPORTING ENTITY WITHIN THIRTY DAYS OF THE ASSESSMENT. THE ACTION OF THE
COMMISSION  IN  MAKING  SUCH FINAL ASSESSMENT SHALL BE REVIEWABLE IN THE
SUPREME COURT IN THE MANNER PROVIDED BY AND SUBJECT TO THE PROVISIONS OF
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  3. THE COMMISSION SHALL PAY INTO THE RACING REGULATION ACCOUNT,  UNDER
THE  JOINT  CUSTODY  OF  THE  COMPTROLLER  AND THE COMMISSION, THE TOTAL
AMOUNT OF THE FEES COLLECTED PURSUANT TO THIS SECTION. WITH THE APPROVAL
OF THE DIRECTOR OF THE BUDGET, MONIES TO BE UTILIZED TO  PAY  THE  COSTS
AND  EXPENSES  OF  THE OPERATIONS OF THE COMMISSION SHALL BE PAID OUT OF
SUCH ACCOUNT ON THE AUDIT AND WARRANT OF THE  COMPTROLLER  ON  VOUCHERS,
CERTIFIED  AND APPROVED BY THE DIRECTOR OF THE BUDGET OR HIS OR HER DULY
DESIGNATED OFFICIAL.
  S 116. PENALTIES. NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  LAW,
ANY PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF THIS CHAPTER, OR ANY
RULE,  REGULATION  OR ORDER PROMULGATED THERETO, OR THE TERMS AND CONDI-
TIONS OF ANY LICENSE, PERMIT OR APPROVAL  ISSUED  THEREUNDER,  SHALL  BE
LIABLE  TO A CIVIL PENALTY OF NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS
FOR EACH VIOLATION, AND AN ADDITIONAL CIVIL PENALTY  OF  NOT  MORE  THAN
TWENTY-FIVE  THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH SUCH VIOLATION
CONTINUES. ANY CIVIL PENALTY MAY BE ASSESSED BY THE COMMISSION FOLLOWING
A HEARING OR OPPORTUNITY TO BE HEARD.
  S 117.  TRANSFER  OF  FUNCTIONS.  ALL  OF  THE  FUNCTIONS  AND  POWERS
POSSESSED  BY  AND  THE  OBLIGATIONS AND DUTIES OF THE FORMER RACING AND
WAGERING BOARD AND ITS PREDECESSORS AND THE DIVISION OF THE LOTTERY  AND
ITS PREDECESSORS ARE HEREBY TRANSFERRED TO THE COMMISSION.
  S  118.  TRANSFER  OF  EMPLOYEES.  1.  UPON THE TRANSFER OF FUNCTIONS,
POWERS, DUTIES AND OBLIGATIONS TO THE COMMISSION PURSUANT TO THIS  ARTI-
CLE,  PROVISION SHALL BE MADE FOR THE TRANSFER OF ALL EMPLOYEES FROM THE
FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING BOARD INTO
THE COMMISSION.  EMPLOYEES SO TRANSFERRED SHALL BE  TRANSFERRED  WITHOUT
FURTHER  EXAMINATION  OR  QUALIFICATION  TO  THE SAME OR SIMILAR TITLES,
SHALL REMAIN IN THE SAME COLLECTIVE BARGAINING UNITS  AND  SHALL  RETAIN
THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATIONS, STATUS AND RIGHTS PURSU-
ANT  TO  THEIR  COLLECTIVE  BARGAINING  UNITS  AND COLLECTIVE BARGAINING
AGREEMENTS.
  2. A TRANSFERRED EMPLOYEE SHALL REMAIN IN THE SAME COLLECTIVE BARGAIN-
ING UNIT AS WAS THE CASE PRIOR TO HIS OR HER TRANSFER; SUCCESSOR EMPLOY-
EES TO THE POSITIONS HELD BY SUCH TRANSFERRED EMPLOYEES SHALL,  CONSIST-
ENT WITH THE PROVISIONS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, BE
INCLUDED  IN  THE  SAME UNIT AS THEIR PREDECESSORS. EMPLOYEES OTHER THAN

S. 6260--C                         15                         A. 9060--C

MANAGEMENT OR CONFIDENTIAL PERSONS AS DEFINED IN ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW SERVING POSITIONS IN NEWLY  CREATED  TITLES  SHALL  BE
ASSIGNED  TO  THE  APPROPRIATE BARGAINING UNIT. NOTHING CONTAINED HEREIN
SHALL BE CONSTRUED TO AFFECT:
  (A) THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREE-
MENT;
  (B) THE REPRESENTATIONAL RELATIONSHIPS AMONG EMPLOYEE ORGANIZATIONS OR
THE BARGAINING RELATIONSHIPS BETWEEN THE STATE AND AN EMPLOYEE ORGANIZA-
TION; OR
  (C)  EXISTING LAW WITH RESPECT TO AN APPLICATION TO THE PUBLIC EMPLOY-
MENT RELATIONS BOARD, PROVIDED, HOWEVER, THAT THE MERGER OF SUCH NEGOTI-
ATING UNITS OF EMPLOYEES SHALL BE EFFECTED ONLY WITH THE CONSENT OF  THE
RECOGNIZED AND CERTIFIED REPRESENTATIVE OF SUCH UNITS AND OF THE DEPART-
MENT OF LAW.
  S 119. TRANSFER OF RECORDS. ALL BOOKS, PAPERS, RECORDS AND PROPERTY OF
THE  FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING BOARD
AND ITS PREDECESSORS WITH RESPECT TO THE FUNCTIONS, POWERS,  DUTIES  AND
OBLIGATIONS  TRANSFERRED  BY  THIS  ARTICLE  ARE  TO BE DELIVERED TO THE
APPROPRIATE SUCCESSOR OFFICES WITHIN THE COMMISSION, AT SUCH  PLACE  AND
TIME, AND IN SUCH MANNER AS THE CHAIR OF THE COMMISSION MAY REQUIRE.
  S  120.  CONTINUITY OF AUTHORITY. FOR THE PURPOSE OF SUCCESSION TO ALL
FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS OF THE FORMER DIVISION OF  THE
LOTTERY  AND FORMER RACING AND WAGERING BOARD TRANSFERRED TO AND ASSUMED
BY THE COMMISSION, SUCH COMMISSION  SHALL  BE  DEEMED  TO  AND  HELD  TO
CONSTITUTE  THE CONTINUATION OF SUCH FUNCTIONS, POWERS, DUTIES AND OBLI-
GATIONS, AND NOT A DIFFERENT AGENCY OR AUTHORITY.
  S 121. COMPLETION OF UNFINISHED BUSINESS. ANY BUSINESS OR OTHER MATTER
UNDERTAKEN OR COMMENCED BY THE FORMER DIVISION OF THE  LOTTERY  AND  THE
FORMER  RACING  AND  WAGERING  BOARD PERTAINING TO OR CONNECTED WITH THE
FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS TRANSFERRED  AND  ASSIGNED  TO
THE  STATE  GAMING  COMMISSION AND PENDING ON THE EFFECTIVE DATE OF THIS
ARTICLE SHALL BE CONDUCTED AND COMPLETED BY  THE  APPROPRIATE  SUCCESSOR
OFFICES  WITHIN  THE  COMMISSION  IN  THE SAME MANNER AND UNDER THE SAME
TERMS AND CONDITIONS AND WITH  THE  SAME  EFFECT  AS  IF  CONDUCTED  AND
COMPLETED  BY  THE  FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND
WAGERING BOARD.
  S 122. CONTINUATION OF RULES AND REGULATIONS. ALL RULES,  REGULATIONS,
ACTS,  ORDERS,  DETERMINATIONS,  AND DECISIONS OF THE FORMER DIVISION OF
THE LOTTERY AND FORMER RACING AND WAGERING BOARD IN FORCE AT THE TIME OF
SUCH TRANSFER AND ASSUMPTION, SHALL CONTINUE  IN  FORCE  AND  EFFECT  AS
RULES,  REGULATIONS,  ACTS,  ORDERS, DETERMINATIONS AND DECISIONS OF THE
COMMISSION UNTIL DULY MODIFIED OR ABROGATED BY SUCH COMMISSION.
  S 123. TERMS OCCURRING IN LAWS, CONTRACTS AND OTHER DOCUMENTS.  UNLESS
THE CONTEXT SHALL OTHERWISE REQUIRE, WHENEVER THE "RACING  AND  WAGERING
BOARD"  OR  "BOARD",  "STATE  RACING  COMMISSION", "STATE HARNESS RACING
COMMISSION", "STATE QUARTER HORSE RACING COMMISSION",  OR  "DIVISION  OF
THE LOTTERY" ARE REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT OR DOCU-
MENT  PERTAINING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES TRANS-
FERRED AND ASSIGNED TO THE COMMISSION,  SUCH  REFERENCE  OR  DESIGNATION
SHALL BE DEEMED TO REFER TO THE "STATE GAMING COMMISSION".
  S  124.  EXISTING  RIGHTS AND REMEDIES PRESERVED. NO EXISTING RIGHT OR
REMEDY OF ANY CHARACTER SHALL BE LOST, IMPAIRED OR AFFECTED BY REASON OF
THE TRANSFER OR ASSIGNMENT OF FUNCTIONS, POWERS, OBLIGATIONS AND  DUTIES
FROM  THE  FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING
BOARD TO THE COMMISSION.

S. 6260--C                         16                         A. 9060--C

  S 125. PENDING ACTIONS OR PROCEEDINGS. NO ACTION OR PROCEEDING PENDING
AT THE TIME THAT THIS ARTICLE SHALL TAKE EFFECT RELATING  TO  THE  FUNC-
TIONS,  POWERS  AND  DUTIES  OF  THE  FORMER DIVISION OF THE LOTTERY AND
FORMER RACING AND WAGERING BOARD TRANSFERRED PURSUANT TO  THIS  ARTICLE,
BROUGHT  BY  OR  AGAINST  THE  FORMER  DIVISION OF THE LOTTERY OR FORMER
RACING AND WAGERING BOARD, OR THE OFFICERS THEREOF, SHALL BE AFFECTED BY
THE TRANSFER OR ASSIGNMENT OF FUNCTIONS, POWERS, OBLIGATIONS AND  DUTIES
FROM  THE  FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING
BOARD TO THE COMMISSION, BUT THE SAME MAY BE PROSECUTED OR  DEFENDED  IN
THE  NAME  OF  THE  COMMISSION. IN ALL SUCH ACTIONS AND PROCEEDINGS, THE
COMMISSION, UPON APPLICATION TO THE COURT, SHALL  BE  SUBSTITUTED  AS  A
PARTY.
  S  126.  TRANSFER  OF  APPROPRIATIONS  HERETOFORE MADE. SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET, ANY AND ALL  APPROPRIATIONS  AND
REAPPROPRIATIONS  HERETOFORE  MADE TO THE FORMER DIVISION OF THE LOTTERY
AND FORMER RACING AND WAGERING BOARD  FOR  THE  FUNCTIONS  AND  PURPOSES
TRANSFERRED BY THIS ARTICLE TO THE COMMISSION TO THE EXTENT OF REMAINING
UNEXPENDED  OR UNENCUMBERED BALANCES THEREOF, WHETHER ALLOCATED OR UNAL-
LOCATED AND WHETHER OBLIGATED OR UNOBLIGATED, ARE HEREBY TRANSFERRED  TO
AND  MADE  AVAILABLE  FOR  USE AND EXPENDITURE BY THE COMMISSION FOR THE
SAME PURPOSES FOR WHICH ORIGINALLY APPROPRIATED  OR  REAPPROPRIATED  AND
SHALL  BE  PAYABLE ON VOUCHERS CERTIFIED OR APPROVED BY THE CHAIR OF THE
COMMISSION OR HIS OR HER DESIGNEE ON AUDIT  AND  WARRANT  OF  THE  COMP-
TROLLER.  PAYMENTS  FOR  LIABILITIES  FOR EXPENSES OF PERSONAL SERVICES,
MAINTENANCE AND OPERATION HERETOFORE INCURRED  BY  AND  FOR  LIABILITIES
INCURRED  AND  TO  BE  INCURRED  IN COMPLETING THE AFFAIRS OF THE FORMER
DIVISION OF THE LOTTERY  AND  FORMER  RACING  AND  WAGERING  BOARD  WITH
RESPECT  TO  THE  POWERS, DUTIES AND FUNCTIONS TRANSFERRED HEREIN, SHALL
ALSO BE MADE ON VOUCHERS OR CERTIFICATES APPROVED BY THE  CHAIR  OF  THE
COMMISSION  OR  HIS  OR  HER  DESIGNEE ON AUDIT AND WARRANT OF THE COMP-
TROLLER.
  S 127. TRANSFER OF ASSETS AND LIABILITIES. ALL ASSETS AND  LIABILITIES
OF  THE  FORMER  DIVISION  OF THE LOTTERY AND FORMER RACING AND WAGERING
BOARD ARE HEREBY TRANSFERRED TO AND ASSUMED BY THE COMMISSION.
  S 128. PROMULGATION OF  RULES  AND  REGULATIONS.  NOTWITHSTANDING  ANY
INCONSISTENT  PROVISION  OF  THE STATE ADMINISTRATIVE PROCEDURE ACT, THE
COMMISSION SHALL BE AUTHORIZED TO PROMULGATE REGULATIONS ON AN EMERGENCY
BASIS TO ENSURE THE IMPLEMENTATION OF THIS ARTICLE.
  S 129. CONSTRUCTION OF OTHER LAWS OR PROVISIONS.  UNLESS  THE  CONTEXT
SHALL  REQUIRE  OTHERWISE,  THE  TERMS "DIVISION OF THE LOTTERY", "STATE
QUARTER HORSE RACING  COMMISSION",  "STATE  RACING  COMMISSION",  "STATE
HARNESS RACING COMMISSION", "STATE RACING AND WAGERING BOARD" OR "BOARD"
WHEREVER  OCCURRING  IN  ANY OF THE PROVISIONS OF THIS CHAPTER OR OF ANY
OTHER LAW, OR, IN ANY OFFICIAL BOOKS,  RECORDS,  INSTRUMENTS,  RULES  OR
PAPERS,  SHALL  HEREAFTER  MEAN AND REFER TO THE STATE GAMING COMMISSION
CREATED BY SECTION ONE HUNDRED TWO OF THIS ARTICLE.  THE  PROVISIONS  OF
ARTICLE  THREE  OF  THIS CHAPTER SHALL BE INAPPLICABLE TO ARTICLE TWO OF
THIS CHAPTER; AND THE PROVISIONS OF SUCH ARTICLE TWO SHALL BE INAPPLICA-
BLE TO SUCH ARTICLE THREE, EXCEPT THAT SECTION TWO HUNDRED THIRTY-ONE OF
SUCH ARTICLE TWO SHALL APPLY TO SUCH ARTICLE THREE.
  S 2. Subdivision 2 of section 186 of the  general  municipal  law,  as
amended  by  chapter  574  of  the  laws  of 1978, is amended to read as
follows:
  2. "Board" shall mean New  York  state  [racing  and  wagering  board]
GAMING  COMMISSION  CREATED  PURSUANT  TO SECTION ONE HUNDRED TWO OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.

S. 6260--C                         17                         A. 9060--C

  S 3. Subdivision 2 of section 476 of the  general  municipal  law,  as
amended  by  chapter  46  of  the  laws  of  1977, is amended to read as
follows:
  2.  "Control commission" or "commission" shall mean the NEW YORK state
[racing and  wagering  board]  GAMING  COMMISSION  CREATED  PURSUANT  TO
SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW.
  S  4. Subdivision 1 of section 432 of the executive law, as amended by
chapter 46 of the laws of 1977, is amended to read as follows:
  1. "Control commission" or "commission" shall mean the NEW YORK  state
[racing  and  wagering  board]  GAMING  COMMISSION  CREATED  PURSUANT TO
SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW.
  S 5. The racing, pari-mutuel wagering and breeding law is  amended  by
adding a new article 12 to read as follows:
                                ARTICLE 12
               OFFICE OF RACING PROMOTION AND DEVELOPMENT
SECTION 1201. NEW YORK STATE OFFICE OF RACING PROMOTION AND DEVELOPMENT.
        1202. USE OF SERVICE EMPLOYEES.
  S  1201.  NEW  YORK  STATE OFFICE OF RACING PROMOTION AND DEVELOPMENT.
THERE IS HEREBY CREATED WITHIN THE NEW YORK STATE  GAMING  COMMISSION  A
SEPARATE AND INDEPENDENT OFFICE OF RACING PROMOTION AND DEVELOPMENT. THE
OFFICE  SHALL  PROMOTE  THE BREEDING OF HORSES AND THE CONDUCT OF EQUINE
RESEARCH IN THIS STATE AND  SHALL  ADMINISTER  THE  "STATE  THOROUGHBRED
BREEDING  AND  DEVELOPMENT  FUND", "AGRICULTURE AND NEW YORK STATE HORSE
BREEDING DEVELOPMENT FUND" AND "NEW YORK STATE  QUARTER  HORSE  BREEDING
AND DEVELOPMENT FUND CORPORATION."
  S  1202.  USE OF SERVICE EMPLOYEES. THE OFFICE SHALL UTILIZE, PURSUANT
TO A CONTRACT APPROVED BY  THE  DIRECTOR  OF  THE  BUDGET,  THE  SERVICE
EMPLOYEES OF THE STATE GAMING COMMISSION.
  S  6.  Sections  1602 and 1603 of the tax law are REPEALED and two new
sections 1602 and 1603 are added to read as follows:
  S 1602. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "LOTTERY" MEANS THE LOTTERY OPERATED BY THE STATE PURSUANT TO  THIS
ARTICLE.
  2.  "DIVISION":  (A) MEANS THE DIVISION OF THE LOTTERY, AS ESTABLISHED
WITHIN THE NEW YORK STATE GAMING COMMISSION; AND (B) FOR THE PURPOSES OF
SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THIS ARTICLE, THE TERM  "DIVISION
OF  THE LOTTERY" OR "DIVISION" MEANS THE "DIVISION OF GAMING" AS CREATED
PURSUANT TO SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL  WAGERING
AND BREEDING LAW.
  3.  "COMMISSIONER"  MEANS  THE COMMISSIONER OF TAXATION AND FINANCE OR
HIS OR HER DULY APPOINTED DELEGATE.
  4. "COMMISSION" MEANS THE NEW YORK STATE GAMING COMMISSION.
  5. "DIRECTOR" MEANS THE DIRECTOR  OF  THE  DIVISION  OF  THE  LOTTERY,
EXCEPT  FOR  PURPOSES  OF  PARAGRAPH FOUR OF SUBSECTION C OF SECTION ONE
THOUSAND SIX HUNDRED THIRTEEN AND  SECTIONS  ONE  THOUSAND  SIX  HUNDRED
FOURTEEN  AND  ONE THOUSAND SIX HUNDRED FIFTEEN OF THIS CHAPTER THE TERM
"DIRECTOR" SHALL MEAN THE "COMMISSION".
  S 1603. DIVISION OF THE LOTTERY. THERE IS HEREBY  CREATED  WITHIN  THE
COMMISSION THE DIVISION OF THE LOTTERY.
  S  7. Subdivision 3 of section 252 of the racing, pari-mutuel wagering
and breeding law, such section as renumbered by chapter 18 of  the  laws
of 2008, is amended to read as follows:
  3.  The board may delegate to one or more of the directors[,] OR offi-
cers[, agents or employees] of the fund such powers and duties as it may

S. 6260--C                         18                         A. 9060--C

deem proper and [may] SHALL utilize, pursuant to a contract approved  by
the  director  of the budget, the service employees of the state [racing
and wagering board] GAMING COMMISSION AND THE  STATE  OFFICE  OF  RACING
PROMOTION AND DEVELOPMENT.
  S  8. Subdivision 3 of section 431 of the racing, pari-mutuel wagering
and breeding law is amended to read as follows:
  3. The board may delegate to one or more of the directors[,] OR  offi-
cers[, agents or employees] of the fund such powers and duties as it may
deem  proper and [may] SHALL utilize, pursuant to a contract approved by
the director of the budget, the service employees of the  state  [racing
and  wagering  board]  GAMING  COMMISSION AND THE STATE OFFICE OF RACING
PROMOTION AND DEVELOPMENT.
  S 9. Subdivision 1 of section 169 of the executive law,  as  added  by
chapter  986 of the laws of 1984, paragraph (a) as amended by section 94
of subpart B of part C of chapter 62 of the laws of 2011, paragraphs (b)
and (e) as amended by section 14 of part A of chapter 62 of the laws  of
2011,  paragraph  (c)  as separately amended by section 66 of part A and
section 2 of part W of chapter 56 of the laws of 2010, paragraph (d)  as
amended  by  chapter 220 of the laws of 2005, and paragraph (f) as sepa-
rately amended by section 1 of part E and section 1 of part H of chapter
57 of the laws of 2011, is amended to read as follows:
  1. Salaries of certain state officers holding the positions  indicated
hereinbelow shall be as set forth in subdivision two of this section:
  (a) commissioner of corrections and community supervision, commission-
er  of education, commissioner of health, commissioner of mental health,
commissioner of developmental disabilities, commissioner of children and
family services, commissioner of temporary  and  disability  assistance,
chancellor  of  the state university of New York, commissioner of trans-
portation, commissioner of environmental conservation, superintendent of
state police, commissioner of general services  [and],  commissioner  of
the  division of homeland security and emergency services AND THE EXECU-
TIVE DIRECTOR OF THE STATE GAMING COMMISSION;
  (b) commissioner of labor,  chairman  of  public  service  commission,
commissioner  of  taxation  and  finance,  superintendent  of  financial
services, commissioner of criminal justice services, and commissioner of
parks, recreation and historic preservation;
  (c) commissioner of agriculture and markets, commissioner of  alcohol-
ism  and  substance  abuse  services, adjutant general, commissioner and
president of state civil service commission,  commissioner  of  economic
development,  chair  of  the  energy research and development authority,
president of higher  education  services  corporation,  commissioner  of
motor vehicles, member-chair of board of parole, chair of public employ-
ment relations board, secretary of state, [chair of the state racing and
wagering   board,]   commissioner  of  alcoholism  and  substance  abuse
services, executive director of the housing finance agency, commissioner
of housing and community renewal, executive director of state  insurance
fund,  commissioner-chair  of state liquor authority, chair of the work-
ers' compensation board;
  (d) director of office for the aging, commissioner  of  human  rights,
commissioners  of  the  department  of public service, chairman of state
commission on quality of care for the  mentally  disabled,  chairman  of
commission  on  alcoholism and substance abuse prevention and education,
executive director of the council on the arts and executive director  of
the board of social welfare;
  (e)  chairman  of state athletic commission, director of the office of
victim services, chairman of human rights appeal board, chairman of  the

S. 6260--C                         19                         A. 9060--C

industrial  board  of  appeals,  chairman  of  the  state  commission of
correction, members of the board of parole[, members of the state racing
and wagering board], member-chairman of  unemployment  insurance  appeal
board,  director of veterans' affairs, and vice-chairman of the workers'
compensation board;
  (f) executive director of adirondack park  agency,  members  of  state
commission  of  correction,  members  of  unemployment  insurance appeal
board, and members of the workers' compensation board.
  S 10. Terms. (a) Wherever the term "racing and wagering board", "state
racing commission" or "state harness racing commission" appears  in  the
executive  law,  the general municipal law, article 34 of the tax law or
the racing, pari-mutuel wagering and breeding law or  otherwise  in  the
consolidated  or  unconsolidated laws of this state, such term is hereby
changed to "state gaming commission".
  (b) Wherever the term "chairman of  the  racing  and  wagering  board"
appears  in  the consolidated or unconsolidated laws of this state, such
term is hereby changed to "chair of the state gaming commission".
  (c) The legislative bill drafting commission  is  hereby  directed  to
effectuate  this  provision,  and  shall  be  guided  by a memorandum of
instruction setting forth the specific provisions of law to be  amended.
Such  memorandum  shall  be transmitted to the legislative bill drafting
commission within sixty days of the effective date  of  this  provision.
Such  memorandum  shall be issued jointly by the governor, the temporary
president of the senate and the speaker of the assembly, or by the dele-
gate of each.
  S 11. Subdivision 1 of section 252 of the racing, pari-mutuel wagering
and breeding law, as amended by chapter 197 of the laws of 2007 and such
section as renumbered by chapter 18 of the laws of 2008, is  amended  to
read as follows:
  1. A corporation to be known as the New York state thoroughbred breed-
ing and development fund corporation is hereby created. Such corporation
shall  be  a  body  corporate  and politic constituting a public benefit
corporation. It shall be administered by a board of directors consisting
of the [chairman] CHAIR of the state [racing and wagering board]  GAMING
COMMISSION  or  his or her designee, the commissioner of agriculture and
markets, [the]  THREE members of the state [racing] GAMING commission as
[defined in section one hundred three of this  chapter,]  DESIGNATED  BY
THE  GOVERNOR and six members appointed by the governor, all of whom are
experienced or have been actively engaged in the breeding  of  thorough-
bred  horses  in  New  York  state,  one, the president or the executive
director of the statewide thoroughbred breeders association representing
the majority of breeders of registered thoroughbreds in New York  state,
one  upon  the  recommendation of the majority leader of the senate, one
upon the recommendation of the speaker of the  assembly,  one  upon  the
recommendation  of  the  minority leader of the senate, and one upon the
recommendation of the minority  leader  of  the  assembly.  Two  of  the
appointed  members shall initially serve for a two year term, two of the
appointed members shall initially serve for a three year term and two of
the appointed members shall initially serve for a four year term.    All
successors  appointed  members  shall  serve  for  a four year term. All
members shall continue  in  office  until  their  successors  have  been
appointed  and  qualified.  The  governor shall designate the chair from
among the sitting members who shall serve as such at the pleasure of the
governor.

S. 6260--C                         20                         A. 9060--C

  S 12. Section 330 of the racing,  pari-mutuel  wagering  and  breeding
law,  the  opening  paragraph  as  amended by chapter 197 of the laws of
2007, is amended to read as follows:
  S 330. Agriculture and New York state horse breeding development fund.
1.  There is hereby created within the state [racing and wagering board]
GAMING COMMISSION the "agriculture and New  York  state  horse  breeding
development  fund".  Such  fund  shall  be  a body corporate and politic
constituting a public benefit corporation. [It shall be administered  by
the  commissioner  of  agriculture  and markets, the chairman of the New
York state racing and wagering board or his or  her  designee,  and  the
chairman and members of the state harness racing commission as reconsti-
tuted  pursuant  to  article  one  of this chapter. Members] IT SHALL BE
ADMINISTERED BY A BOARD OF DIRECTORS CONSISTING OF THE CHAIRMAN  OF  THE
STATE  GAMING  COMMISSION  OR  HIS  OR HER DESIGNEE, THE COMMISSIONER OF
AGRICULTURE AND MARKETS, AND THREE MEMBERS APPOINTED  BY  THE  GOVERNOR,
ALL  OF WHOM ARE EXPERIENCED OR HAVE BEEN ACTIVELY ENGAGED IN THE BREED-
ING OF STANDARDBRED HORSES IN NEW YORK STATE, ONE UPON  THE  RECOMMENDA-
TION OF THE TEMPORARY PRESIDENT OF THE SENATE AND ONE UPON THE RECOMMEN-
DATION OF THE SPEAKER OF THE ASSEMBLY.  THE GOVERNOR SHALL DESIGNATE THE
CHAIR  FROM  AMONG  THE  SITTING  MEMBERS WHO SHALL SERVE AS SUCH AT THE
PLEASURE OF THE GOVERNOR. APPOINTED MEMBERS SHALL SERVE FOR  A  TERM  OF
FOUR  YEARS AND shall continue to hold office until their successors are
appointed and qualified.  [The  chairman  shall  be  designated  by  the
members  of  the fund.] The members of the fund shall receive no compen-
sation from the fund for their services as such  members  but  shall  be
reimbursed  by  the  fund  for  the  expenses  actually  and necessarily
incurred by them in the performance of their duties under  sections  two
hundred twenty-two through seven hundred five of this chapter. Such fund
shall  have perpetual existence and shall exercise all powers authorized
by this chapter and reasonably necessary for accomplishing its purposes.
Such powers shall be exercised in the name of the fund.
  2. THE BOARD MAY DELEGATE TO ONE OR MORE OF THE MEMBERS OR OFFICERS OF
THE FUND SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER AND SHALL UTILIZE,
PURSUANT TO A CONTRACT APPROVED BY  THE  DIRECTOR  OF  THE  BUDGET,  THE
SERVICE EMPLOYEES OF THE STATE GAMING COMMISSION AND THE STATE OFFICE OF
RACING PROMOTION AND DEVELOPMENT.
  3.  The  fund  is created in order that it may promote the breeding of
horses and the conduct of equine research  in  this  state  on  its  own
responsibility  and  under its own business management. The policy, good
faith and interest of the state are concerned with  the  management  and
development of the fund and are committed to promotion of horse breeding
and  equine  research in this state in active cooperation with the fund.
The promotion and encouragement of equine research shall  be  through  a
fund  of  a  land  grant  university  within  this  state with a regents
approved veterinary college facility. Nothing herein, however, shall  be
deemed in any way to obligate the state to any bondholder or other cred-
itor of the fund.
  4. The fund is directed to report annually, on or before January thir-
ty-first, to the governor and the legislature, on the state of the stan-
dardbred  breeding  industry  in this state. Such reports shall include,
but not be limited to, the impact of the fund's programs on the breeding
and racing aspects of  the  industry;  economic  factors  affecting  the
industry such as employment and employment growth, state and local bene-
fits  of breeding farms, income and the production of income within this
state, economic comparisons with other  states;  and  data  relative  to
mares  and  stallions standing in this state to include such information

S. 6260--C                         21                         A. 9060--C

as the number in this state, racing quality  as  measured  by  wins  and
stakes won and placed and money won, the number of foals and foal racing
quality as measured by sales value and number of starts, races and money
won,  the  progeny  quality,  including earnings, and the success of New
York-breds nationally.
  5. The fund is  further  directed  to  incorporate  into  its  reports
comments  from  spokesmen  representing  all segments of the industry as
well as recommendations on preserving  and  enhancing  the  standardbred
breeding industry in this state.
  S  13. Section 1612 of the tax law is amended by adding a new subdivi-
sion h to read as follows:
  H. IN NO CIRCUMSTANCE SHALL NET PROCEEDS OF THE LOTTERY, INCLUDING THE
PROCEEDS FROM VIDEO LOTTERY GAMING, BE USED FOR THE PAYMENT OF  NON-LOT-
TERY EXPENSES OF THE GAMING COMMISSION, ADMINISTRATIVE OR OTHERWISE.
  S  14.  This  act shall take effect October 1, 2012; provided, however
that effective immediately, the addition, amendment and/or repeal of any
rules or regulations necessary for the implementation of  the  foregoing
provisions of this act on its effective date are authorized and directed
to be made and completed on or before such effective date.

                                 PART B
                          Intentionally Omitted

                                 PART C

  Section  1.    Section 2608 of the public authorities law, as added by
chapter 404 of the laws of 1981, subdivision 1 as amended by chapter 592
of the laws of 1984, subdivision 2 as amended by chapter 55 of the  laws
of  1992,  subdivisions  3 and 4 as amended by chapter 99 of the laws of
1984, is amended to read as follows:
  S 2608. New York state olympic regional development authority. 1.  For
the purposes of effectuating the policy declared in  section  twenty-six
hundred  six  of this title, there is hereby created the "New York state
olympic regional development authority", referred to in  this  title  as
"the  authority", which shall be a body corporate and politic constitut-
ing a public benefit corporation. The authority shall consist  of  [ten]
TWELVE  members who shall be the commissioner of environmental conserva-
tion, the commissioner of [commerce] ECONOMIC DEVELOPMENT,  the  commis-
sioner  of  parks, recreation and historic preservation and [seven] NINE
persons to be appointed by the governor, by  and  with  the  advice  and
consent  of  the  senate.  Of  the [seven] NINE persons appointed by the
governor, by and with the advice and consent of  the  senate,  one  each
shall be appointed upon the recommendation of the temporary president of
the  senate  and  the  speaker  of  the assembly.   Three of the persons
appointed by the governor, by and with the advice  and  consent  of  the
senate  shall  be appointed upon the recommendation of the town board of
the town of North Elba and shall be residents of the park district.  TWO
PERSONS  SHALL  BE APPOINTED BY THE GOVERNOR, BY AND WITH THE ADVICE AND
CONSENT OF THE SENATE, ONE OF WHOM SHALL RESIDE IN ULSTER COUNTY AND THE
OTHER OF WHOM SHALL RESIDE  IN  DELAWARE  COUNTY.  One  of  the  persons
appointed  by  the  governor,  by and with the advice and consent of the
senate, shall be a resident  of  Warren  county.    The  governor  shall
appoint a [chairman and] CHAIRPERSON, a [vice chairman] VICE-CHAIRPERSON
AND  A  SECOND  VICE-CHAIRPERSON  from  among  any of the members of the
authority and such [chairman and vice chairman] CHAIRPERSON, VICE-CHAIR-

S. 6260--C                         22                         A. 9060--C

PERSON AND SECOND VICE-CHAIRPERSON shall serve at the  pleasure  of  the
governor,  provided,  however, that the [vice chairman] VICE-CHAIRPERSON
shall be appointed on the recommendation of  the  town  board  of  North
Elba; AND THE SECOND VICE-CHAIRPERSON SHALL BE APPOINTED UPON THE RECOM-
MENDATION  OF  THE TOWN BOARDS OF THE TOWN OF SHANDAKEN IN ULSTER COUNTY
AND THE TOWN OF MIDDLETOWN IN DELAWARE COUNTY; AND MUST BE A RESIDENT OF
ULSTER OR DELAWARE COUNTIES; WITH A MAJORITY VOTE OF  THE  COMBINED  TWO
TOWN  BOARDS  DETERMINING  WHO  SHALL BE RECOMMENDED TO THE GOVERNOR FOR
APPOINTMENT OF THAT POSITION.  From among any candidates recommended  by
the  chairman,  the  members  shall  appoint a president/chief executive
officer of the authority.
  The members first appointed by the governor shall be appointed  within
thirty  days  of the effective date of this title. THE MEMBERS APPOINTED
AS A RESULT OF THE ENACTMENT OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND
TWELVE  WHICH  AMENDED  THIS  SECTION,  CONSISTING  OF  THE ELEVENTH AND
TWELFTH BOARD MEMBERS, SHALL BE APPOINTED  WITHIN  NINETY  DAYS  OF  THE
EFFECTIVE  DATE  OF SUCH CHAPTER. The FIRST members [first] appointed by
the governor upon the recommendation of the temporary president  of  the
senate  and the speaker of the assembly shall serve terms of three years
respectively from January first next succeeding their appointment.   The
remaining four members first appointed by the governor shall serve terms
of  one,  two,  four and five years respectively from January first next
succeeding their appointment. The fifth member appointed by the governor
shall serve a term of two years from January first, next succeeding  his
or  her  appointment. Each appointment of a member following the expira-
tion of the original terms of the appointment shall be  for  a  term  of
five  years.  THE  MEMBERS APPOINTED BY THE GOVERNOR WHO ARE REQUIRED TO
RESIDE IN EITHER DELAWARE OR ULSTER  COUNTIES  SHALL  BE  APPOINTED  FOR
TERMS  OF  FOUR YEARS. Members shall continue to hold office until their
successors have been appointed and qualified. In the event of a  vacancy
occurring during the term of a member's appointment, by reason of death,
resignation, disqualification or otherwise, such vacancy shall be filled
for the unexpired term in the same manner as the original appointment.
  2.  The  members  of the authority shall not receive a salary or other
compensation for their services as members of  the  authority  but  each
member  shall  be  allowed  reimbursement  for  the necessary and actual
expenses which he or she shall incur in the performance of  his  or  her
duties under this title.
  3.  The  president/chief executive officer shall serve at the pleasure
of the members and shall be responsible for the discharge of the  execu-
tive  and administrative functions and exercise of any power or function
of the authority.
  4. [Six] SEVEN members of the authority shall constitute a quorum  for
the transaction of any business or the exercise of any power or function
of  the  authority.  The  authority  may  delegate to one or more of its
members, officers, agents and employees, such powers and  duties  as  it
may  deem  proper.  The  commissioner of environmental conservation, the
commissioner of [commerce] ECONOMIC  DEVELOPMENT,  the  commissioner  of
parks and recreation and any other member of the authority who is a full
time  employee of the state or who holds public office may designate one
person from his department or from the public corporation  in  which  he
holds  a public office to represent him at all meetings of the authority
from which such member may be absent. Any representative  so  designated
shall have the power to attend and to vote at any meeting of the author-
ity  from  which  the member so designating him is absent, with the same
force and effect as if the  member  designating  him  were  present  and

S. 6260--C                         23                         A. 9060--C

voting.  Such  designation  shall  be  by  written notice filed with the
chairman of the authority by the member making the designation and shall
be for a term of one year or until such representative shall  resign  or
shall  no  longer  be  employed  by  the department of which such member
making the designation is an employee or by the  public  corporation  of
which  such member making the designation holds a public office or until
revoked by the person making such designation.  Such  designation  shall
not  limit  the power of the member making the designation to attend and
vote in person at any meeting of the authority.
  5. The authority shall  be  a  "state  agency"  for  the  purposes  of
sections seventy-three and seventy-four of the public officers law.
  6.  Notwithstanding  any  inconsistent provisions of this or any other
law, general, special or local, no officer or employee of the state,  as
defined  in  the  public  officers law, or of the park district shall be
deemed to have forfeited or shall forfeit his office  of  employment  or
any  benefits  provided  under the retirement and social security law or
under any public retirement system maintained by the state or any of its
subdivisions by reason of his acceptance of membership on  or  chairman-
ship of the authority; provided, however, a member or chairman who holds
such  other  public  office  of  employment  shall receive no additional
compensation for services rendered pursuant to this title, but shall  be
entitled to reimbursement for his actual and necessary expenses incurred
in the performance of such services.
  7.  The  governor  may  remove  any member of the authority for cause,
other than the commissioner of environmental conservation,  the  commis-
sioner  of [commerce] ECONOMIC DEVELOPMENT and the commissioner of parks
and recreation, after giving him a copy of the charges against  him  and
an opportunity to be heard, in person or by counsel in his defense, upon
not  less  than ten days' notice. If any member shall be so removed, the
governor shall file in the office of the department of state a  complete
statement of charges made against such member, and his findings thereon,
together with a complete record of the proceedings.
  8.  The principal office of the authority shall be located in the town
of North Elba AND THE AUTHORITY SHALL ESTABLISH A SECOND OFFICE  AT  THE
BELLEAYRE MOUNTAIN SKI CENTER.
  9.  NOTHING  SHALL  PRECLUDE  THE  USE  OF MEETINGS AND VOTES BY VIDEO
CONFERENCE OR OTHER CONFERENCING WHICH  PERMITS  CONFEREES  TO  SEE  THE
OTHER MEMBERS DURING BOARD MEETINGS THROUGH TELEVISION OR THE INTERNET.
  S  2.  Section 2609 of the public authorities law, as added by chapter
404 of the laws of 1981, is amended to read as follows:
  S 2609. Community advisory panel. 1. Within ninety days following  the
appointment  of  the members of the authority, the members shall appoint
an advisory panel to act as consultants to the authority for the purpose
of advising and assisting the authority in procuring  international  and
national athletic sporting events and competition.
  2. The advisory panel shall consist of [fifteen] NINETEEN persons, ten
of  whom  shall  be  appointed upon the recommendation of the North Elba
sports council, a council created by the  park  district,  TWO  OF  WHOM
SHALL  BE  APPOINTED  UPON  THE RECOMMENDATION OF THE LEGISLATURE OF THE
COUNTY OF DELAWARE AND TWO OF WHOM SHALL BE APPOINTED UPON THE RECOMMEN-
DATION OF THE LEGISLATURE OF THE COUNTY OF ULSTER. Such ten  members  of
the  panel  shall  have knowledge of athletic competition and winter AND
SUMMER sports AND RECREATION events and activities. The members  of  the
panel  shall  serve for a period of two years. In the event of a vacancy
occurring during a panel  member's  appointment,  by  reason  of  death,

S. 6260--C                         24                         A. 9060--C

resignation, disqualification or otherwise, such vacancy shall be filled
for the unexpired term in the same manner as the original appointment.
  3.  The  members of the panel shall serve without compensation, except
that each member of the panel shall be allowed the necessary and  actual
expenses  which  he  shall incur in the performance of his duties within
the state under this title.
  S 3. Subdivisions 4, 6, 7, 9, 12 and 15 of section 2611 of the  public
authorities  law,  as added by chapter 404 of the laws of 1981, subdivi-
sion 15 as renumbered by chapter 38 of the laws of 1987, are amended  to
read as follows:
  4. To make and alter by-laws for its organization and internal manage-
ment, and rules and regulations governing the exercise of its powers and
the  fulfillment  of its purposes under this title. Such rules and regu-
lations must be filed with the secretary of state and the town clerk  of
North  Elba AND THE TOWN CLERKS OF THE TOWNS OF JOHNSBURG, SHANDAKEN AND
MIDDLETOWN;
  6. To schedule and book events at  participating  olympic  facilities,
AND THE FACILITIES OF BELLEAYRE MOUNTAIN SKI CENTER AND OTHER PROPERTIES
OWNED  OR  CONTROLLED  BY THE AUTHORITY with public and private individ-
uals, organizations, groups and other  entities  desiring  to  use  such
facilities  for  conducting  events  and  activities  appropriate to the
purposes of the authority;
  7. To enter into contracts, leases and subleases and  to  execute  all
instruments  necessary  or convenient for the conduct of authority busi-
ness, including agreements with the park district and any  state  agency
which  administers, owns or supervises any olympic facility OR BELLEAYRE
MOUNTAIN SKI CENTER, as provided in sections twenty-six  hundred  twelve
and twenty-six hundred fourteen of this title;
  9.  To  enter  into  contracts to operate, maintain and manage olympic
facilities AND THE BELLEAYRE MOUNTAIN SKI CENTER;
  12. To operate, or contract for the operation of, concession  services
at  any  participating  olympic  facility  OR THE BELLEAYRE MOUNTAIN SKI
CENTER;
  15. To procure insurance against any loss or liability  in  connection
with the use, management, maintenance and operation of the participating
olympic facilities AND/OR BELLEAYRE MOUNTAIN SKI CENTER, in such amounts
and from such insurers, subject to public bidding as it deems desirable;
and
  S  4.  Subdivision  4 of section 2614 of the public authorities law is
renumbered subdivision 5 and a new subdivision 4 is  added  to  read  as
follows:
  4.  THE AUTHORITY SHALL ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION FOR THE AUTHORITY TO  OPERATE,  MAINTAIN  AND
MANAGE  THE BELLEAYRE MOUNTAIN SKI CENTER LOCATED IN ULSTER AND DELAWARE
COUNTIES, STATE OF NEW YORK. THE SPECIFIC TERMS OF SUCH AGREEMENT  SHALL
BE  NEGOTIATED  BY  THE  AUTHORITY  AND THE DEPARTMENT AND SHALL INCLUDE
THOSE PROVISIONS SET FORTH IN SUBDIVISION TWO OF THIS SECTION FOR INCLU-
SION  IN  AGREEMENTS  WITH  THE  STATE.  SUCH  AGREEMENT  SHALL  INCLUDE
PROVISIONS  TO ASSURE THE CONTINUED VIABILITY OF BELLEAYRE AS AN ATTRAC-
TIVE YEAR-ROUND TOURIST DESTINATION BY,  AT  A  MINIMUM,  MAINTAINING  A
LEVEL OF CAPITAL INVESTMENT, MAINTENANCE AND OPERATING SUPPORT, CONSIST-
ENT  WITH THE HISTORICAL OPERATING SUPPORT, CAPITAL INVESTMENT AND MAIN-
TENANCE PROVIDED BY THE DEPARTMENT AT BELLEAYRE SO THAT BELLEAYRE  MOUN-
TAIN  SKI  CENTER  MAY BE OPERATED, MAINTAINED AND IMPROVED IN A SIMILAR
MANNER TO THAT OF WHITEFACE AND GORE MOUNTAIN SKI CENTERS. IN  ADDITION,
SUCH  AGREEMENT  SHALL  INCLUDE  PROVISIONS  ENSURING THAT THE AUTHORITY

S. 6260--C                         25                         A. 9060--C

DEDICATE AND UTILIZE, FOR THE OPERATION, CAPITAL SUPPORT AND MAINTENANCE
OF BELLEAYRE MOUNTAIN SKI CENTER: FUNDS APPROPRIATED FOR THE  OPERATION,
MAINTENANCE AND/OR IMPROVEMENTS OF BELLEAYRE MOUNTAIN SKI CENTER, REVEN-
UE RECEIVED AS A RESULT OF BELLEAYRE MOUNTAIN SKI CENTER OPERATIONS, AND
MONIES  RECEIVED  OR  INTENDED  FROM OTHER SOURCES AND ACCOUNTS THAT ARE
INTENDED FOR BELLEAYRE MOUNTAIN SKI CENTER. ALL POWERS OF THE  AUTHORITY
PROVIDED  BY  THIS TITLE OR ANY OTHER LAW, INCLUDING THOSE PERTAINING TO
PARTICIPATING OLYMPIC FACILITIES, SHALL APPLY  IN  CONNECTION  WITH  THE
OPERATION AND MANAGEMENT OF THE BELLEAYRE MOUNTAIN SKI CENTER.
  S  5.  Subdivision 2 of section 2616 of the public authorities law, as
amended by chapter 99 of the  laws  of  1984,  is  amended  to  read  as
follows:
  2.  On or before August fifteenth, nineteen hundred eighty-one, and on
each August fifteenth thereafter the [chairman] CHAIR of  the  authority
shall  make  and  deliver  to  the director of the budget for his OR HER
approval and for submission to the legislature a budget for  the  opera-
tion  of the authority for the forthcoming fiscal year of the state. The
[chairman] CHAIR of the authority shall deliver a copy of such budget to
the [chairman] CHAIR of the senate finance committee and the  [chairman]
CHAIR of the assembly ways and means committee at the same time that the
budget  is  delivered  to  the  director of the budget. The budget shall
delineate the total amount needed for authority purposes, including  the
funds  required by the authority for operation of the olympic facilities
[and], the Gore Mountain ski  center  AND  THE  BELLEAYRE  MOUNTAIN  SKI
CENTER  pursuant  to agreements made in accordance with sections twenty-
six hundred twelve and twenty-six hundred fourteen of  this  title,  the
source of all funds that the authority expects to receive and such other
information  as  the director of the budget shall require.  The director
of the budget shall approve the budget for the operation of the authori-
ty and the governor shall recommend in his OR HER annual  budget  appro-
priations to the authority if the director of the budget determines that
the budget demonstrates that the authority, without operating at a defi-
cit,  can  continue  in the forthcoming fiscal year of the state, in the
exercise of its corporate purposes, powers, duties  and  functions  with
the  appropriations  from  the  state  and  park district in the amounts
determined in accordance with sections  twenty-six  hundred  twelve  and
twenty-six  hundred  fourteen  of  this title and income received by the
authority from other sources. The director of the  budget  shall  notify
the  park district, the [chairman] CHAIR of the senate finance committee
and the [chairman] CHAIR of the assembly ways and  means  committee  not
later than October first of each year whether or not he has approved the
budget.
  S 6. Section 2619 of the public authorities law, as amended by chapter
99 of the laws of 1984, is amended to read as follows:
  S  2619.  Capital  repair  and  improvement account. At the end of any
authority fiscal year the members of the  authority  shall  deposit  not
less  than  twenty-five percent of the profits, if any, of the preceding
year's operations into a sinking fund for capital improvements.  At  the
discretion  of the members, the authority may undertake capital improve-
ments and major repairs to the participating olympic facilities, TO  THE
BELLEAYRE  MOUNTAIN  SKI  CENTER,  and  to the Gore Mountain ski center;
provided, however, that  no  such  repairs  may  be  undertaken  without
specific  written  approval  by  the  entity  which  contracted with the
authority for the operation  of  said  facility.  Any  such  repairs  or
improvements  to real property shall upon completion become the property
of and be vested in the owners of said real property. In  the  event  of

S. 6260--C                         26                         A. 9060--C

termination of the authority, the state and the park district each shall
receive fifty percent of all moneys in the sinking fund. If an agreement
between the authority and the park district or the state shall be termi-
nated, the park district or the state, as the case may be, shall receive
that portion of the moneys in the sinking fund it would have received if
the  authority  were terminated as of the date of the termination of the
agreement.
  S 7. Section 2621 of the public authorities law, as added  by  chapter
404 of the laws of 1981, is amended to read as follows:
  S 2621. Annual report. The authority shall submit to the governor, the
chairman  of  the senate finance committee, the chairman of the assembly
ways and means committee, the comptroller, the director of  the  budget,
THE  SUPERVISOR  OF THE TOWN OF JOHNSBURG, THE SUPERVISOR OF THE TOWN OF
SHANDAKEN, THE SUPERVISOR OF THE TOWN OF MIDDLETOWN, and the  supervisor
of the town of North Elba within ninety days after the end of its fiscal
year,  a  complete and detailed report setting forth: (1) its operations
and accomplishments and (2) its receipts and  expenditures  during  such
fiscal  year in accordance with the categories or classifications estab-
lished by the authority for its operating and capital  outlay  purposes.
SUCH REPORT SHALL NOT BE REQUIRED TO BE SUBMITTED IN PRINT IF THE RECIP-
IENT OF THE REPORT AGREES TO ACCEPT SUCH REPORT IN ELECTRONIC FORMAT.
  S  8.  Subdivision 4 of section 2622 of the public authorities law, as
added by chapter 169 of the laws of 1994, is amended to read as follows:
  4. Notwithstanding subdivision three of this section, exclusive juris-
diction is hereby conferred upon the court of claims to hear and  deter-
mine  any claim of any person brought hereafter against the authority to
recover damages for injuries to property or for personal injury  arising
out  of  the  operation  by  the  authority of any participating olympic
facility owned by the state or of THE BELLEAYRE MOUNTAIN SKI  CENTER  OR
OF  the  Gore  mountain ski center, in the same manner and to the extent
provided and subject to the provisions of the court of claims  act  with
respect to claims against the state, and to make awards and render judg-
ments  therefor. The payment of awards and judgments for any such claims
brought in the supreme court pursuant to this title or in the  court  of
claims shall be made from appropriations for judgments against the state
pursuant to section twenty of the court of claims act.
  S  9. This opening paragraph of section 2629 is renumbered subdivision
1 and a new subdivision 2 is added to read as follows:
  2. (A) WITHIN THIRTY DAYS OF EXECUTION OF THE AGREEMENT, ENTERED  INTO
PURSUANT  TO  SUBDIVISION FOUR OF SECTION TWENTY-SIX HUNDRED FOURTEEN OF
THIS TITLE, PROVISION SHALL BE MADE FOR  THE  TRANSFER  TO  THE  OLYMPIC
REGIONAL  DEVELOPMENT  AUTHORITY  OF  ALL  CURRENT  EMPLOYEES ENGAGED IN
CARRYING OUT SUCH FUNCTIONS WITH RESPECT TO THE  OPERATION,  MAINTENANCE
AND  MANAGEMENT  OF  THE  BELLEAYRE  MOUNTAIN SKI CENTER. SUCH EMPLOYEES
SHALL BE TRANSFERRED WITHOUT FURTHER EXAMINATION OR  QUALIFICATIONS  AND
SHALL  RETAIN  THEIR  RESPECTIVE  CIVIL SERVICE CLASSIFICATIONS, STATUS,
SALARY, WAGES AND NEGOTIATING UNIT, IF ANY. NO INDIVIDUAL WHO IS  TRANS-
FERRED  SHALL  GAIN  ANY ADDITIONAL RIGHTS AS A RESULT OF SUCH TRANSFER.
HOWEVER, ONCE THE EMPLOYMENT OF ANY TRANSFERRED EMPLOYEE WHO IS CURRENT-
LY PLACED WITHIN A NEGOTIATING UNIT AS DEFINED BY  ARTICLE  FOURTEEN  OF
THE  CIVIL  SERVICE LAW IS TERMINATED OR OTHERWISE CEASES, BY ANY MEANS,
ANY INDIVIDUAL HIRED TO FILL SUCH VACANCY SHALL NOT  BE  PLACED  IN  THE
SAME NEGOTIATING UNIT OF THE FORMER INCUMBENT BUT RATHER SHALL BE PLACED
IN THE NEGOTIATING UNIT THAT CONTAINS EMPLOYEES OF THE AUTHORITY.
  (B)  THE  SALARY  OR  COMPENSATION  OF  ANY SUCH EMPLOYEES, AFTER SUCH
TRANSFER, SHALL BE PAID BY THE AUTHORITY. NOTWITHSTANDING THE PROVISIONS

S. 6260--C                         27                         A. 9060--C

OF THIS SECTION, ANY SUCH EMPLOYEES SO  TRANSFERRED  TO  THE  AUTHORITY,
PURSUANT  TO THE PROVISIONS OF THIS SECTION, WHO ARE MEMBERS OF OR BENE-
FICIARIES UNDER ANY EXISTING PENSION OR RETIREMENT SYSTEM, SHALL CONTIN-
UE  TO  HAVE ALL RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS WITH RESPECT
TO SUCH FUND SYSTEM OR SYSTEMS AS ARE PRESCRIBED BY LAW, BUT DURING  THE
PERIOD  OF  THEIR  EMPLOYMENT BY THE AUTHORITY, ALL CONTRIBUTIONS TO ANY
PENSION OR RETIREMENT FUND OR SYSTEM TO  BE  PAID  BY  THE  EMPLOYER  ON
ACCOUNT OF SUCH EMPLOYEES, SHALL BE PAID BY THE AUTHORITY.
  S  10.  Transfer of appropriations. Upon the execution of an agreement
as set forth in subdivision 4 of section 2614 of the public  authorities
law,  as  added by section four of this act, and notwithstanding section
fifty-one of the state finance law, all  appropriations  or  reappropri-
ations  for  the  functions  transferred pursuant to this act heretofore
made to the  department  of  environmental  conservation  or  segregated
pursuant  to law, to the extent that unexpended or unencumbered balances
remain, whether allocated or unallocated and whether obligated or  unob-
ligated,  are  hereby  transferred  to  and  made  available for use and
expenditure by the olympic regional development authority, for the  same
purposes  for  which originally appropriated or reappropriated and shall
be payable on vouchers certified or approved by the chair of the olympic
regional development authority on audit and warrant of the  comptroller.
Payments  for  liabilities for expenses of personal service, maintenance
and operation heretofore incurred by  the  department  of  environmental
conservation  in  connection  with the functions transferred pursuant to
this act, and for liabilities incurred and to be incurred in  completing
its  affairs in relation to such functions, shall also be made on vouch-
ers or certificates approved by the commissioner of  the  department  of
environmental conservation on audit or warrant of the comptroller.
  S 11. This act shall take effect immediately.

                                 PART D

  Section  1.  Section  285-a  of  the  agriculture  and  markets law is
REPEALED.
  S 2. Subdivision 12 of section 283 of the agriculture and markets  law
is  REPEALED  and  subdivisions 13 and 14 are renumbered subdivisions 12
and 13.
  S 3. Section 7 of chapter 654 of the laws of 1994, amending the trans-
portation law and other laws  relating  to  equipment  requirements  for
registered farm vehicles, is REPEALED.
  S 4. Section 285-b of the agriculture and markets law is REPEALED.
  S 5. Article 4 of the state technology law is REPEALED.
  S 6. Section 372-a of the social services law is REPEALED.
  S  7.  Subdivision  1  of  section 2803-r of the public health law, as
added by chapter 439 of the laws of 2005, is amended to read as follows:
  1. All hospitals and clinics shall  notify  their  prenatal  care  and
obstetric  patients of the provisions of the abandoned infant protection
act, using materials provided by  the  office  of  children  and  family
services[, pursuant to section three hundred seventy-two-a of the social
services  law].  The  department shall develop agreements with societies
and organizations of medical practitioners under which the department or
the office of children and family services shall  provide  materials  to
such  societies to provide appropriate education and outreach concerning
the abandoned infant protection act to their  members  and  the  public.
Criminal penalties for violation pursuant to subdivisions one and two of
section twelve-b of this chapter shall not apply to this section.

S. 6260--C                         28                         A. 9060--C

  S 8. Sections 520 and 521 of the executive law are REPEALED.
  S 9. Article 28 of the executive law is REPEALED.
  S 10. Paragraph (p) of subdivision 1 of section 17 of the public offi-
cers law is REPEALED.
  S 11. Section 92-y of the state finance law is REPEALED.
  S  12.  Paragraph  (b) of subdivision 1 of section 88-a of the highway
law, as amended by section 4 of part Z of chapter 383  of  the  laws  of
2001, is amended to read as follows:
  (b)  the  chairperson, or his or her designated representative, of the
New York state thruway authority, the adirondack park agency[,] AND  the
tourism  advisory council[, the upstate New York tourism council and the
downstate New York tourism council];
  S 13. Subdivision 3 of section 349-bb of the highway law,  as  amended
by section 5 of part Z of chapter 383 of the laws of 2001, is amended to
read as follows:
  3.  The commissioner is hereby authorized to enter into contracts with
qualified, responsible not-for-profit organizations involved  in  scenic
byways  activities  [and  the  upstate  New  York  tourism  council] for
services relating to the development of the New York state scenic byways
program or services relating to the operation, development or  promotion
of a specific scenic byway.
  S  14.  Subdivision 1 of section 349-cc of the highway law, as amended
by chapter 399 of the laws of 2005, is amended to read as follows:
  1. An advisory board of state agencies with  responsibilities  related
to  the  designation  and management of scenic byways and not-for-profit
organizations related to the promotion and development of scenic  byways
is hereby formed to advise and assist the department in the operation of
its  scenic  byways  program.  The  advisory  board shall consist of one
member appointed by the temporary president of the  senate,  one  member
appointed  by  the  speaker of the assembly, the secretary of state, and
the commissioners of the department  of  agriculture  and  markets,  the
department  of economic development, and the department of environmental
conservation, and the office of parks, recreation and historic preserva-
tion or their duly designated representatives.  The  commissioner  shall
appoint as members of the advisory board the chief executive officer, or
his  or  her duly authorized representative, of not-for-profit organiza-
tions related to the promotion and development of a scenic byway  desig-
nated pursuant to this article[,] AND three representatives of organiza-
tions  concerned with the preservation of scenic qualities, the motoring
public and tourism development [and members or  representatives  of  the
upstate  New  York tourism council and of the downstate New York tourism
council]. The commissioner, or his  or  her  duly  designated  represen-
tative,  shall  serve  as  chair.  Members  of  the advisory board shall
receive no pay, but shall be eligible to receive  actual  and  necessary
expenses  from  their respective agencies, or for the expenses of repre-
sentatives of organizations related to the promotion and development  of
a  scenic  byway,  the  preservation  of  scenic qualities, the motoring
public and tourism development, from the department. The advisory  board
shall  consult  with  the Adirondack Park Agency regarding scenic byways
within the Adirondack Park. The advisory board shall also  consult  with
the  Hudson  River  Valley  Communities  Council regarding scenic byways
within the Hudson River Valley Greenway as defined in article forty-four
of the environmental conservation law. The advisory board shall  consult
with the Niagara River Greenway Commission regarding scenic byways with-
in  the  Niagara River Greenway as defined in article thirty-nine of the
parks, recreation and historic preservation  law.  [The  advisory  board

S. 6260--C                         29                         A. 9060--C

shall consult with the upstate New York tourism council regarding scenic
byways  in  the upstate New York region, and with the downstate New York
tourism council regarding  scenic  byways  in  the  downstate  New  York
region.]
  S  15.  Paragraph a of subdivision 1 of section 233-b of the education
law, as amended by section 3 of part Z of chapter 383  of  the  laws  of
2001, is amended to read as follows:
  a.  There  is  hereby  established  within the department the New York
state freedom trail commission. The commission shall consist  of  twelve
members,  to  be  appointed as follows: three members to be appointed by
the governor, three members to be appointed by the board of regents, two
members to be appointed by the temporary president of  the  senate,  one
member to be appointed by the minority leader of the senate, two members
to  be  appointed  by  the speaker of the assembly, and one member to be
appointed by the minority leader of the assembly. Such members shall  be
representative  of  academic or public historians, corporations, founda-
tions, historical societies, civic organizations, and religious  denomi-
nations.  In addition, the following state officers, or their designees,
shall serve as members of the commission: the commissioner of education,
the head of the state museum, the head of the state archives,  the  head
of  the  office  of state history, the commissioner of economic develop-
ment, the head of the state tourism advisory council[,  the  chairperson
of  the  upstate  New York tourism council, the chairperson of the down-
state New York tourism council,] and the commissioner of  parks,  recre-
ation and historic preservation.
  S  16.  Section  27-0702  of  the  environmental  conservation  law is
REPEALED.
  S 17. The opening paragraph of subdivision 2 of section 27-0103 of the
environmental conservation law, as amended by chapter 55 of the laws  of
1992, is amended to read as follows:
  The  commissioner  shall[,  with  the  advice of the state solid waste
management board established pursuant to section 27-0702 of  this  arti-
cle,] biennially review the status of programs and information contained
within  the plan and make recommendations for legislation or other state
action related to:
  S 18. Paragraph g of subdivision 3 of section 165 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  g. In addition to carrying out the provisions of paragraphs e and f of
this subdivision, the commissioner shall identify and implement specific
steps which will reduce, to the maximum extent practicable, waste gener-
ated in state facilities and maximize the recovery and reuse of  second-
ary  materials from such facilities. Such steps and their implementation
shall be reviewed from time to time but no less frequently than annually
or upon receiving recommendations for additional steps from  [the  solid
waste management board,] the department of environmental conservation or
the environmental facilities corporation.
  S 19. Subdivision 3 and the closing paragraph of section 1285-d of the
public  authorities  law, subdivision 3 as amended by chapter 283 of the
laws of 1979 and the closing paragraph as added by chapter  639  of  the
laws of 1978, are amended to read as follows:
  3.  [To advise the corporation on technical matters, a technical advi-
sory committee shall be constituted to be composed of the  commissioners
of  transportation, commerce, health and environmental conservation, the
secretary of state, and five persons representative of  affected  indus-
tries to be appointed by the governor with the advice and consent of the

S. 6260--C                         30                         A. 9060--C

senate.  Upon  dissolution  of  the  hazardous  waste  disposal advisory
committee pursuant to subdivision three of section twelve hundred eight-
y-five-f of this article, two members of that  committee  designated  by
the  governor  shall become members of the committee established by this
subdivision which committee shall be expanded by two members.]
  In [excercising]  EXERCISING  its  responsibilities,  the  corporation
shall also cooperate and act in conjunction with industrial, commercial,
medical, scientific, public interest and educational organizations with-
in  the state, and with agencies of the federal government, of the state
and its political subdivisions, of  other  states,  and  joint  agencies
thereof.
  S  20.  Paragraph (c) of subdivision 3 of section 1285-f of the public
authorities law is REPEALED.
  S 21. Section 216-b of the vehicle and traffic law is REPEALED.
  S 22. Subdivision 9 of section  3.23  of  the  parks,  recreation  and
historic preservation law is REPEALED.
  S 23. Section 89-mmm of the general business law is REPEALED.
  S  24.  Subdivision 2 of section 100 of the executive law, as added by
chapter 557 of the laws of 1997, is amended to read as follows:
  2. The secretary of state shall maintain  all  records  collected  for
applicants  pursuant  to  the armored car guard act for a period of five
years after the applicant's termination as an armored car guard, retire-
ment, resignation, death, failure to be rehired, or non-renewal  of  the
applicant's registration card. Every armored car carrier shall file with
the  secretary,  on  a  monthly basis, a report, stating all armored car
guards in their employ who have retired,  resigned,  died,  been  termi-
nated,  have [hot] NOT been rehired, or have otherwise been removed from
active duty, in such form and on such media as approved for such purpose
by the secretary[, upon recommendation of the armored car carrier  advi-
sory  board  established  pursuant  to the provisions of section eighty-
nine-mmm of the general business law].
  S 25. Subdivision 5 of section 89-bbb of the general business  law  is
REPEALED.
  S  26. Section 89-lll of the general business law, as added by chapter
557 of the laws of 1997, is amended to read as follows:
  S 89-lll.  Regulations.  The  secretary[,  in  consultation  with  the
board,] is hereby authorized and empowered to promulgate rules and regu-
lations  necessary  for  the  proper  conduct of the business authorized
under this article, and not inconsistent herewith.
  S 27. Subdivision 5 of section 89-ppp of the general business  law  is
REPEALED.
  S 28. Section 923 of the executive law is REPEALED.
  S 29. Section 433-a of the general business law is REPEALED.
  S 30. The section heading of section 35 of the social services law, as
amended  by  chapter  300  of  the  laws  of 1992, is amended to read as
follows:
  Legal representation of individuals whose federal disability  benefits
have been denied or may be discontinued[; advisory committee].
  S  31.  Subdivision  1  of  section  35 of the social services law, as
amended by chapter 300 of the laws  of  1992,  is  amended  to  read  as
follows:
  1.  [a.  There is hereby established within the department an advisory
committee on legal advocacy (hereinafter to be referred to as the "advi-
sory committee") which shall consist of nine members or their designated
representatives. The advisory committee shall consist of  the  following
nine  members:  the  commissioner  of mental health, the commissioner of

S. 6260--C                         31                         A. 9060--C

mental retardation and developmental disabilities, the advocate for  the
disabled  and  six  members  appointed  by the governor. The six members
appointed by the governor shall include three representatives of  inter-
ested public and private groups, and shall include three representatives
of  county  government  and  the city of New York to be appointed from a
list of six names submitted by the New York state association  of  coun-
ties.  The commissioner shall coordinate the functions and activities of
the department with those of the advisory committee.
  b.] The [advisory committee] COMMISSIONER shall [make  recommendations
regarding]  ESTABLISH  criteria  for  selection  of  grant applications,
review applications awarded pursuant to the provisions of this  section,
[make  recommendations  thereon  to  the  commissioner] and exercise and
perform such other [advisory] functions as are related to  the  purposes
of  this  section[;  provided  however  that the committee shall meet at
least once every six months].
  S 32. Subdivisions 2 and 4 of section 35 of the social  services  law,
subdivision  2  as  amended and subdivision 4 as added by chapter 300 of
the laws of 1992, are amended to read as follows:
  2. The commissioner[, after consultation with the advisory committee,]
shall make grants, within the amounts appropriated for that purpose,  to
not-for-profit  legal  services corporations and not-for-profit agencies
serving the disabled and local social services districts, to provide for
representation of persons whose federal  disability  benefits  including
supplemental  security  income  and social security disability insurance
have been denied or may be discontinued for the purpose of  representing
these  persons  in  appropriate  proceedings.  When the commissioner has
contracted with a local social services district to provide such  repre-
sentation,  the legislative body of such district may authorize and make
provision for the commissioner of social services  of  the  district  to
obtain  necessary  legal  services  on a fee for services basis or other
appropriate basis which the department may approve. Such legal  services
may  be provided by not-for-profit legal services corporations, not-for-
profit agencies serving the disabled or private attorneys.
  4. Responsibility for local financial participation  shall  be  deter-
mined  by  the  commissioner  based on either costs of and the number of
district residents served by each local entity or the  alternative  cost
allocation  procedure deemed appropriate by the commissioner [in consul-
tation with the advisory committee].
  S 33. Subdivisions 8 and 9 of section 350 of  the  executive  law  are
REPEALED.
  S 34. Subdivision 16 of section 353 of the executive law is REPEALED.
  S 35. Sections 365, 365-a, 365-b, 365-c, 365-d, 365-e, 365-f and 365-g
of the executive law are REPEALED.
  S  36. Title 11 of article 24 of the environmental conservation law is
REPEALED.
  S 37. Subdivision 1 of section 24-0301 of the environmental  conserva-
tion  law,  as amended by chapter 654 of the laws of 1977, is amended to
read as follows:
  1. The commissioner shall, as soon as practicable, conduct a study  to
identify  and  map  those individual freshwater wetlands in the state of
New York which shall have an area of at  least  twelve  and  four-tenths
acres  or  more, or if less than twelve and four-tenths acres, (a) have,
in the discretion of the commissioner[, and subject  to  review  of  his
action  by  the board created pursuant to title eleven of this article,]
unusual local importance for one or more of the  specific  benefits  set
forth in subdivision seven of section 24-0105 OF THIS ARTICLE or (b) are

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located  within  the Adirondack park and meet the definition of wetlands
contained in subdivision sixty-eight of section eight  hundred  two  [of
article  twenty-seven]  of  the executive law, and shall determine their
characteristics. This study shall, in addition to such other data as the
commissioner  may  determine  to  be included, consist of the freshwater
wetlands inventory of  the  department  of  environmental  conservation,
currently  being  made, together with other available data on freshwater
wetlands, whether assisted by the state of  New  York  under  the  tidal
wetlands act or otherwise, or assembled by federal or local governmental
or  private  agencies,  all  of which information shall be assembled and
integrated, as applicable, into a map  of  freshwater  wetlands  of  the
state  of New York. Such study may, in the discretion of the commission-
er, be carried out on a sectional or regional  basis,  as  indicated  by
need, subject to overall completion in an expeditious fashion subject to
the  terms  of this chapter. This map, and any orders issued pursuant to
the provisions of this article, shall comprise a part of  the  statewide
environmental plan as provided for in section 3-0303 of this chapter. As
soon  as  practicable  the commissioner shall file with the secretary of
state a detailed description of the technical methods  and  requirements
to  be  utilized  in  compiling  the  inventory, and he shall afford the
public an opportunity to submit comments thereon.
  S 38. Subdivision 5 of section 24-0703 of the environmental  conserva-
tion  law,  as amended by chapter 233 of the laws of 1979, is amended to
read as follows:
  5. Prior to the promulgation of the final freshwater wetlands map in a
particular  area  and  the  implementation  of  a  freshwater   wetlands
protection  law  or  ordinance,  no person shall conduct, or cause to be
conducted, any activity for which a permit  is  required  under  section
24-0701  of this [article] TITLE on any freshwater wetland unless he has
obtained a permit from the commissioner under this section.  Any  person
may  inquire  of  the  department as to whether or not a given parcel of
land will be designated a freshwater wetland subject to regulation.  The
department shall give a definite answer in writing within thirty days of
such  request  as  to  whether such parcel will or will not be so desig-
nated. Provided that, in the event that  weather  or  ground  conditions
prevent  the  department from making a determination within thirty days,
it may extend such period until a determination can be made. Such answer
in the affirmative shall be reviewable [pursuant to title eleven of this
article]; such an answer in the negative shall be a complete defense  to
the  enforcement  of this article as to such parcel of land. The commis-
sioner may by regulation adopted after public hearing exempt  categories
or classes of wetlands or individual wetlands which he determines not to
be  critical  to  the  furtherance  of the policies and purposes of this
article.
  S 39.  Subdivision 6 of section 24-0705 of the environmental conserva-
tion law, as amended by chapter 654 of the laws of 1977, is  amended  to
read as follows:
  6.  Review  of  the  determination  of  the local government or of the
commissioner shall be, within a period of thirty days after  the  filing
thereof, pursuant to the provisions of [title eleven of this article or]
article  seventy-eight of the civil practice law and rules. Any owner of
the wetland affected and any resident or citizen of the local government
shall be deemed to have the requisite standing to seek review.
  S 40. Subdivision 2 of section 24-0801 of the environmental  conserva-
tion  law,  as  added  by chapter 654 of the laws of 1977, is amended to
read as follows:

S. 6260--C                         33                         A. 9060--C

  2. Where the activities otherwise subject  to  regulation  under  this
article involve freshwater wetlands located within the boundaries of the
Adirondack park, the inquiries referred to and the applications provided
for  in  section 24-0703 of this article shall be made to and filed with
the  Adirondack park agency at its headquarters office, under such regu-
lations and procedures as the Adirondack park agency may promulgate. The
Adirondack park agency shall review the  application  in  place  of  the
commissioner  or local government as provided in section 24-0705 of this
article, having due regard for the declaration of policy  and  statement
of  findings  set  forth  in this article and for the considerations set
forth in subdivision one of section 24-0705 of this article. The  agency
shall in addition determine prior to the granting of any permit that the
proposed  activity  will be consistent with the Adirondack park land use
and development plan and would not have an undue adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic, recreational
or open space resources of the park, taking into  account  the  economic
and social or other benefits to be derived from the activity. Any person
may  seek  review  of a ruling made solely pursuant to the provisions of
this article by the Adirondack park agency pursuant to the provisions of
[title eleven of this article or] article  seventy-eight  of  the  civil
practice law and rules.
  S  41. Subdivision 7 of section 24-0903 of the environmental conserva-
tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
read as follows:
  7.  Any  person  aggrieved  by  any  such order or regulation may seek
[review pursuant to the provisions of title eleven of this  article  or]
judicial  review pursuant to article seventy-eight of the civil practice
law and rules in the supreme court for the county in which the  freshwa-
ter  wetland is located, within thirty days after the date of the filing
of the order with the clerk of  the  county  in  which  the  wetland  is
located.
  S  42.  Section  24-0507  of  the  environmental  conservation law, as
amended by chapter 654 of the laws  of  1977,  is  amended  to  read  as
follows:
S 24-0507. Reservation of local jurisdiction.
  Except  as provided in this article, jurisdiction over all areas which
would qualify as freshwater wetlands except that they are not designated
as such on the freshwater wetlands map pursuant to  section  24-0301  of
this  article because they are less than twelve and four-tenths acres in
size and are not of unusual local importance is reserved  to  the  city,
town  or  village in which they are wholly or partially located, and the
implementation of this article with respect thereto is the  responsibil-
ity  of  said  city, town or village, in accordance with section 24-0501
and title twenty-three of article seventy-one of  this  chapter,  except
that  a  city,  town or village in the exercise of its powers under this
section, shall not be subject to the provisions of subdivision  four  of
section  24-0501,  subdivisions  two  and  three  of section 24-0503, or
section 24-0505[, but shall be subject to judicial review under subdivi-
sion two of section 24-1105] of this article.
  S 43. Subdivision 3 of section 1-0303 of the  environmental  conserva-
tion law is REPEALED.
  S  44.  Paragraph a of subdivision 2 of section 3-0301 of the environ-
mental conservation law, as amended by chapter 469 of the laws of  1974,
is amended to read as follows:
  a.  [With the advice and approval of the board, adopt] ADOPT, amend or
repeal environmental standards, criteria and those rules and regulations

S. 6260--C                         34                         A. 9060--C

having the force and effect of standards and criteria to carry  out  the
purposes and provisions of this act. [Upon approval by the board of any]
ANY such environmental standard, criterion, rule or regulation or change
thereto[,  it] shall become effective thirty days after being filed with
the Secretary of State for publication in the "Official  Compilation  of
Codes, Rules, and Regulations of the State of New York" published pursu-
ant to section 102 of the Executive Law. This provision shall not in any
way  restrict the commissioner in the exercise of any function, power or
duty transferred to him OR HER and heretofore authorized to be exercised
by any other department acting through its commissioner  to  promulgate,
adopt,  amend  or  repeal any standards, rules and regulations.  No such
environmental standards, criterion, rule or regulation or change thereto
shall be proposed for approval unless a public hearing relating  to  the
subject of such standard shall be held by the commissioner prior thereto
not  less  than  30 days after date of notice therefor, any provision of
law to the contrary notwithstanding. Notice shall  be  given  by  public
advertisement  of  the  date,  time,  place and purpose of such hearing.
[Members of the board shall be entitled to participate in  such  hearing
and  opportunity  to  be  heard  by the commissioner with respect to the
subject thereof shall be given to the public.]
  S 45. Article 5 of the environmental conservation law is REPEALED.
  S 46. Section 17-1411 of the environmental conservation law, as  added
by chapter 436 of the laws of 1989, is amended to read as follows:
S 17-1411. Regulations.
  [1.] The commissioner may promulgate regulations necessary to effectu-
ate  the  purposes  of  section 17-1409 of this title including, but not
limited to, regulations setting forth criteria for submission and  proc-
essing  of  grant  applications, components of best management practices
and state standards necessary to control nonpoint source pollution.
  [2. Regulations  promulgated  pursuant  to  subdivision  one  of  this
section  shall not require the approval of the state environmental board
pursuant to paragraph a of subdivision two of section 3-0301 or subdivi-
sion two of section 5-0107 of this chapter.]
  S 47. Subdivision 4 of section 19-0303 of the environmental  conserva-
tion  law,  as  added  by chapter 608 of the laws of 1993, is amended to
read as follows:
  4. In adopting any code, rule or regulation which contains a  require-
ment  that is more stringent than the Act or regulations issued pursuant
to the Act by the United States  environmental  protection  agency,  the
commissioner shall, in addition to the provisions of section two hundred
two-a  of the state administrative procedure act, include in the regula-
tory impact statement:
  (a) a detailed explanation of  the  reason  or  reasons  that  justify
exceeding federal minimum requirements, including:
  (i)  satisfying  any  requirement of the Act as it relates to New York
state, including any requirement for demonstrating attainment or mainte-
nance of ambient air quality standards  or  meeting  reasonable  further
progress pursuant to Title I of the Act;
  (ii) preventing an assessment or imposition of sanctions, or the impo-
sition of a federal implementation plan, pursuant to the Act;
  (iii) complying with a final decree of a court; or
  (iv) protecting public health or the environment;
  (b) an evaluation of the cost-effectiveness of the proposed code, rule
or  regulation,  in comparison with the cost-effectiveness of reasonably
available alternatives; and

S. 6260--C                         35                         A. 9060--C

  (c) a review of the reasonably available alternative measures  consid-
ered by the commissioner and an explanation of the reasons for rejecting
such alternatives.
  [Any  code, rule or regulation to which this subdivision is applicable
shall be subject to the approval of the environmental board pursuant  to
subdivision 2 of section 5-0107 of this chapter.]
  S  48.  Section  19-0917  of  the  environmental  conservation  law is
REPEALED.
  S 49. Subdivision 3 of section 27-0903 of the environmental  conserva-
tion  law,  as amended by chapter 831 of the laws of 1990, is amended to
read as follows:
  3. The regulations setting forth the criteria for  identification  and
listing,  and the list of, hazardous wastes subject to this title may be
amended by the commissioner from time to time as appropriate, based upon
hazardous waste conditions of particular relevance  to  the  state.  The
commissioner  may  promulgate the appropriately amended regulations only
[after approval of the state environmental board based] upon  a  showing
of  the  circumstances  constituting  the  hazardous waste conditions of
particular relevance to this state, and then in a manner consistent with
the state administrative procedure act.
  S 50. Subdivision 1 of section 27-1315 of the environmental  conserva-
tion  law, as amended by section 7 of part E of chapter 1 of the laws of
2003, is amended to read as follows:
  1. The commissioner shall have the power to promulgate rules and regu-
lations necessary and appropriate to carry  out  the  purposes  of  this
title.  Any  [such] regulations shall include provisions which establish
the procedures for a hearing pursuant to  subdivision  four  of  section
27-1313 of this title[. Any such provisions] AND shall ensure a division
of  functions  between the commissioner, the staff who present the case,
and any hearing officers appointed. In addition, any [such]  regulations
shall  set forth findings to be based on a factual record, which must be
made before the commissioner determines that a significant threat to the
environment exists. [Rules and regulations promulgated pursuant to  this
title  shall be subject to the approval of a board, which shall be known
as the inactive hazardous waste disposal site regulation  review  board,
which  shall  have  the same members, rules, and procedures as the state
environmental board.]
  S 51. Subdivision 1 of section 27-1504 of the environmental  conserva-
tion  law,  as  added  by chapter 180 of the laws of 1989, is amended to
read as follows:
  1. The commissioner shall promulgate new regulations or amend existing
regulations establishing a program for the  tracking  of  the  regulated
medical  waste  which is generated in this state. Such regulations shall
not be subject to the requirements of subdivision 2  of  section  3-0301
[or subdivision 2 of section 5-0107] of this chapter.
  S  52. Subdivision 4 of section 29-0103 of the environmental conserva-
tion law is REPEALED.
  S 53. Subdivision 4 of section 70-0117 of the environmental  conserva-
tion  law,  as  added  by chapter 723 of the laws of 1977, is amended to
read as follows:
  4. In conjunction with one  or  more  applications  for  permits,  the
department may, on request of an applicant undertake a conceptual review
of a proposed project evaluating the general approvability or nonapprov-
ability of a proposed project, including all proposed phases or segments
thereof,  subject  to  the  development  and submission of more detailed
plans and information and such additional applications  for  permits  in

S. 6260--C                         36                         A. 9060--C

the future as may be necessary. The department shall, in rules and regu-
lations  [approved by the state environmental board], establish criteria
and guidelines for the  conceptual  review  of  proposed  projects.  The
department shall establish, in rules and regulations adopted pursuant to
section  70-0107  of  this  chapter, procedures governing the conceptual
review of proposed projects.
  S 54. Sections 9-0705, 9-0707, 9-0709 and 9-0711 of the  environmental
conservation law are REPEALED.
  S 55. Section 9-0713 of the environmental conservation law, as amended
by chapter 386 of the laws of 1980, is amended to read as follows:
S 9-0713. State assistance.
  [Upon  the  establishment of regional forest practice boards, and upon
the adoption and promulgation of] THE COMMISSIONER  SHALL  ADOPT  forest
practice  standards[,  the regional forest practice boards]. THE DEPART-
MENT shall notify [all the] owners of forest  land  [in  their  regions]
that  the  commissioner  is  prepared  to  assist  cooperating owners in
connection with the application of [approved] forest practice standards.
The commissioner shall provide to cooperating forest and  farm  woodland
owners  technical  services  in  connection  with  all  phases of forest
management including but not limited to,  plantation  establishment  and
care,  the  marking  of  timber,  marketing assistance and silvicultural
treatment of immature stands.
  S 56. Subdivision 1 of section 444-b  of  the  real  property  law  is
REPEALED and subdivisions 2, 3, 4, 5, 6, 7 and 8 are renumbered subdivi-
sions 1, 2, 3, 4, 5, 6 and 7.
  S  57.  Subdivision  4  of  section 444-b of the real property law, as
amended by chapter 225 of the laws of 2005 and as renumbered by  section
fifty-six of this act, is amended to read as follows:
  4.  "Home  inspection"  means  the  process  by which a home inspector
observes and provides a written report of the systems and components  of
a  residential  building  including  but  not limited to heating system,
cooling system, plumbing system, electrical  system,  structural  compo-
nents, foundation, roof, masonry structure, exterior and interior compo-
nents or any other related residential building component as recommended
[by  the  home  inspection  council  and implemented] OR REQUIRED by the
department through regulation to provide a client with objective  infor-
mation about the condition of the residential building. The home inspec-
tor  shall  clearly  identify  in  the  written report which systems and
components of the residential building were observed. A home  inspection
shall not include an inspection for radon or pests.
  S  58. Section 444-c of the real property law, as added by chapter 461
of the laws of 2004, subdivisions 1, 2 and 3 as amended by  chapter  225
of the laws of 2005, is amended to read as follows:
  S  444-c. [State home inspection council] CODE OF ETHICS AND STANDARDS
OF PRACTICE. 1. [There is hereby established  a  state  home  inspection
council  within  the department. The council shall consist of the secre-
tary or the secretary's designee and  six  additional  members  who  are
residents  of  the  state,  of  whom three shall be persons licensed and
actively engaged in the business of home inspection in the state of  New
York for at least five years immediately preceding their appointment and
three  of whom shall be consumers who are the owners and principal resi-
dents of a residential building in the state of New York.   Appointments
shall reflect the geographical diversity of the state.
  2.  For a period of one year after the effective date of this section,
and notwithstanding any other provisions of this section to the  contra-
ry,  the first three home inspectors appointed as members of the commit-

S. 6260--C                         37                         A. 9060--C

tee shall not be required, at the time of their first appointment, to be
licensed to practice home inspection,  provided  that  such  members  be
licensed pursuant to this article within one year of appointment.
  3. The governor shall appoint each member of the council for a term of
three  years except that of the members first appointed, two shall serve
for terms of three years, two shall serve for terms of two years and two
shall serve for a term of one year. The governor shall appoint one  home
inspector  and  one  consumer  solely in his or her discretion, one home
inspector and one consumer upon  the  recommendation  of  the  temporary
president  of  the  senate, and one home inspector and one consumer upon
the recommendation of the speaker of the  assembly.  Each  member  shall
hold  office  until his or her successor has been qualified. Any vacancy
in the membership of the council shall be filled for the unexpired  term
in  the  manner  provided for the original appointment. No member of the
council may serve more than two successive  terms  in  addition  to  any
unexpired term to which he or she has been appointed.
  4.  Members  of the council shall receive no compensation but shall be
reimbursed for their actual and necessary  expenses  and  provided  with
office  and  meeting  facilities  and  personnel required for the proper
conduct of the council's business.
  5. The council shall annually elect from among its members a chair and
vice-chair and may appoint a secretary, who need not be a member of  the
council. The council shall meet at least twice a year and may hold addi-
tional meetings as necessary to discharge its duties.
  6.  The  role  of  the  council shall be advisory.] The [council shall
advise the secretary  in  the  administration  and  enforcement  of  the
provisions of this article and recommend to the] secretary SHALL PROMUL-
GATE  regulations  to implement the provisions of this article including
but not limited to:
  (a) standards for training including approval of the course  of  study
and examination required for licensure of home inspectors;
  (b)  requirements  and  standards  for  continuing  education  of home
inspectors;
  (c) a code of ethics and  standards  of  practice  for  licensed  home
inspectors  consistent  with  the  provisions  of this article and sound
ethical practices which code and standards shall be  subject  to  public
notice  and comment prior to [a council recommendation to the secretary]
ADOPTION OF THE REGULATIONS. The standards of practice shall not require
a reporting format or limit information which licensees  are  authorized
to provide a client pursuant to this article; and
  (d)  development  of  information and educational materials about home
inspection for distribution to clients.
  2. Nothing in this section shall be deemed  to  supersede  any  estab-
lished  authority, duty and power established by local law, state law or
regulation or otherwise granted to any agency, body or entity.
  S 59. Section 444-e of the real property law, as added by chapter  461
of  the laws of 2004, paragraphs (b) and (c) of subdivision 1 and subdi-
vision 3 as amended by chapter 225 of the laws of 2005,  is  amended  to
read as follows:
  S  444-e.  Qualifications for licensure. 1. An applicant for a license
as a home inspector shall:
  (a) have successfully completed high school or its equivalent; and
  (b) (i) have successfully completed a course of study of not less than
one hundred forty hours approved by the secretary[, in consultation with
the council], of which at least forty hours shall have been in the  form
of  unpaid  field  based  inspections  in  the presence of and under the

S. 6260--C                         38                         A. 9060--C

direct supervision of a home inspector licensed by the state of New York
or a professional engineer or architect regulated by the  state  of  New
York  who  oversees and takes full responsibility for the inspection and
any report provided to a client; or
  (ii)  have performed not less than one hundred home inspections in the
presence of and  under  the  direct  supervision  of  a  home  inspector
licensed  by  the state of New York or a professional engineer or archi-
tect regulated by the state of New York  who  oversees  and  takes  full
responsibility  for  the inspection and any report provided to a client;
and
  (c) have passed a written or electronic examination  approved  by  the
secretary[,  in  consultation  with  the  council], and designed to test
competence in home inspection practice as  determined  by  a  recognized
role definition methodology and developed and administered to the extent
practicable  in  a  manner  consistent  with  the  American  Educational
Research Association's  "Standards  for  Educational  and  Psychological
Testing."  An applicant who has passed an existing nationally recognized
examination, as approved by the secretary, prior to the  effective  date
of this article shall be in compliance with this paragraph; and
  (d) pay the applicable fees.
  2. The provisions of this section shall not apply to a person perform-
ing  a home inspection pursuant to subparagraph (ii) of paragraph (b) of
subdivision one of this section for the purpose of meeting  requirements
for a home inspector license.
  3.  Upon  submission  of an application and payment of the application
and licensure fee to the secretary, the secretary  shall  issue  a  home
inspector's  license  to  a  person  who holds a valid license as a home
inspector issued by another state or possession of the United States  or
the District of Columbia which has standards substantially equivalent to
those  of  this  state  as determined by the secretary[, in consultation
with the council].
  4. On or before the effective date  of  this  article,  the  secretary
shall, upon application, issue a home inspector license to a person who:
  (a)  meets  the  requirements of paragraphs (a) and (c) of subdivision
one of  this  section  and  has  performed  one  hundred  or  more  home
inspections  for  compensation  within  two years prior to the effective
date of this section; or
  (b) meets the requirements of paragraph (a) of subdivision one of this
section and has been engaged in the  practice  of  home  inspection  for
compensation  for  not less than three years prior to the effective date
of this section during which such person has performed two hundred fifty
home inspections for compensation within three years prior to the effec-
tive date of this section; or
  (c) has education and experience which the secretary[, in consultation
with the council], considers equivalent to  that  required  pursuant  to
paragraphs (a) and (b) of this subdivision.
  S  60.  Subdivision  1  of  section 444-f of the real property law, as
amended by chapter 225 of the laws  of  2005,  is  amended  to  read  as
follows:
  1.  Home inspector licenses and renewals thereof shall be issued for a
period of two years, except that the secretary may, in order to  stagger
the expiration date thereof, provide that those licenses first issued or
renewed  after the effective date of this section shall expire or become
void on a date fixed by the secretary, not sooner than  six  months  nor
later  than  twenty-nine months after the date of issue. No renewal of a
license shall be issued unless the applicant has successfully  completed

S. 6260--C                         39                         A. 9060--C

a  course of continuing education approved by the secretary[, in consul-
tation with the council].
  S  61.  Subdivision  1  of  section 444-k of the real property law, as
added by chapter 461 of the laws of 2004, is amended to read as follows:
  1. Every licensed home inspector who is  engaged  in  home  inspection
shall  secure,  maintain, and file with the secretary proof of a certif-
icate of liability coverage, which terms and conditions shall be  deter-
mined by the secretary [in consultation with the council].
  S  62. Section 444-l of the real property law, as added by chapter 461
of the laws of 2004, is amended to read as follows:
  S 444-l. Duties of the secretary. The secretary shall[,  in  consulta-
tion with the council,] establish such rules and regulations as shall be
necessary to implement the provisions of this article.
  S  63.  Subdivision  6  of section 69-n of the general business law is
REPEALED.
  S 64. Chapter 868 of the laws of 1976, relating to  the  organic  food
advisory committee, is REPEALED.
  S  65.  Subdivisions  6, 7, 8 and 9 of section 73-b of the agriculture
and markets law are REPEALED and subdivision 10 is  renumbered  subdivi-
sion 6.
  S  66.  Subdivision  5  of section 73-b of the agriculture and markets
law, as added by chapter 276 of the laws of 2001, is amended to read  as
follows:
  5.  The  advisory  board,  which shall be chaired by the commissioner,
shall:
  (a) evaluate and prioritize the veterinary diagnostic laboratory needs
of industry, government and consumer entities;
  (b) provide advice and recommendations to the dean  of  the  New  York
state college of veterinary medicine for strategic direction of diagnos-
tic laboratory services;
  (c)  make  recommendations  to  the  dean regarding appointment of the
director of the laboratory; [and]
  (d) assess the feasibility of the consolidation, expansion and modern-
ization of the current physical facilities of the laboratory;
  (E) PROVIDE ADVICE AND RECOMMENDATIONS TO THE DIRECTOR OF THE DIAGNOS-
TIC LABORATORY REGARDING INDUSTRY NEEDS AND THE EFFECTIVENESS OF VETERI-
NARY DIAGNOSTIC LABORATORY SERVICES; AND
  (F) PROVIDE ADVICE AND RECOMMENDATIONS TO THE  COMMISSIONER,  THE  NEW
YORK  STATE  VETERINARIAN, AND THE DIRECTOR OF THE DIAGNOSTIC LABORATORY
REGARDING ANIMAL HEALTH PROGRAMS  ADMINISTERED  BY  THE  DEPARTMENT,  TO
INCLUDE BUT NOT BE LIMITED TO THE NEW YORK STATE CATTLE HEALTH ASSURANCE
PROGRAM AND THE EGG QUALITY ASSURANCE PROGRAM.
  S  67.  Paragraph (g) of subdivision 3 of section 73-b of the agricul-
ture and markets law, as added by chapter 276 of the laws  of  2001,  is
amended to read as follows:
  (g) one member to be appointed by the governor, upon recommendation by
the  commissioner[,  from  nominations  received  from the animal health
issues committee];
  S 68.  Section  13-0308  of  the  environmental  conservation  law  is
REPEALED.
  S  69.  The  opening paragraph of subdivision 15 of section 13-0309 of
the environmental conservation law, as added by chapter 512 of the  laws
of 1994, is amended to read as follows:
  Unless  and until regulations are adopted implementing a comprehensive
long-term management plan for the protection of  surf  clams  and  ocean
quahogs  in  New  York  waters  [prepared  in  conjunction with the surf

S. 6260--C                         40                         A. 9060--C

clam/ocean quahog management advisory board pursuant to section 13-0308,
of this title], the following restrictions shall apply  in  addition  to
any  consistent  regulations  adopted  prior to the date upon which such
section shall take effect:
  S  70.  Subparagraph (ii) of paragraph 3 of subdivision (a) of section
83 of the state finance law, as amended by section 6 of part A of  chap-
ter 58 of the laws of 1998, is amended to read as follows:
  (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
graph, moneys arising out of the application of subdivision fourteen  of
section 13-0309 of the environmental conservation law, shall be deposit-
ed in a special account within the conservation fund, to be known as the
surf clam/ocean quahog account, and shall be available to the department
of  environmental  conservation,  including  contracts for such purposes
with a New York State institution of higher education currently involved
in local marine research, after  appropriation,  for  the  research  and
stock  assessment of surf clams and ocean quahogs [and the operations of
the surf clam/ocean quahog management advisory board].
  S 71. Section 2407 of the public health law is REPEALED.
  S 72. Subdivision 5 of section  2409  of  the  public  health  law  is
REPEALED and subdivisions 6 and 7 are renumbered subdivisions 5 and 6.
  S  73. The public health law is amended by adding a new section 2409-a
to read as follows:
  S 2409-A. ADVISORY COUNCIL. 1. THERE  IS  HEREBY  ESTABLISHED  IN  THE
DEPARTMENT  THE BREAST, CERVICAL AND OVARIAN CANCER DETECTION AND EDUCA-
TION PROGRAM ADVISORY COUNCIL, FOR THE PURPOSE OF ADVISING  THE  COMMIS-
SIONER WITH REGARDS TO PROVIDING INFORMATION TO CONSUMERS, PATIENTS, AND
HEALTH CARE PROVIDERS RELATING, BUT NOT LIMITED TO, BREAST, CERVICAL AND
OVARIAN CANCER, INCLUDING SIGNS AND SYMPTOMS, RISK FACTORS, THE BENEFITS
OF PREVENTION AND EARLY DETECTION, GUIDELINE CONCORDANT CANCER SCREENING
AND  DISEASE  MANAGEMENT,  OPTIONS FOR DIAGNOSTIC TESTING AND TREATMENT,
NEW TECHNOLOGIES, AND SURVIVORSHIP.
  2. THE ADVISORY COUNCIL SHALL MAKE RECOMMENDATIONS TO  THE  DEPARTMENT
REGARDING  THE  PROMOTION  AND IMPLEMENTATION OF PROGRAMS UNDER SECTIONS
TWENTY-FOUR HUNDRED SIX AND TWENTY-FOUR HUNDRED NINE OF THIS TITLE.
  3. THE COMMISSIONER SHALL APPOINT  TWENTY-ONE  VOTING  MEMBERS,  WHICH
SHALL  INCLUDE  REPRESENTATION  OF HEALTH CARE PROFESSIONALS, CONSUMERS,
PATIENTS AND OTHER APPROPRIATE INTEREST REFLECTIVE OF THE  DIVERSITY  OF
THE STATE, WITH EXPERTISE IN BREAST, CERVICAL AND/OR OVARIAN CANCER. THE
COMMISSIONER  SHALL  APPOINT ONE MEMBER AS A CHAIRPERSON. THE MEMBERS OF
THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT  SHALL
BE  ALLOWED  THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN PERFORMANCE
OF THEIR DUTIES.
  4. A MAJORITY OF THE APPOINTED VOTING MEMBERSHIP OF  THE  BOARD  SHALL
CONSTITUTE QUORUM.
  5.  THE  ADVISORY  COUNCIL  SHALL  MEET  AT LEAST TWICE A YEAR, AT THE
REQUEST OF THE DEPARTMENT.
  S 74. Section 844-a of the executive law is REPEALED.
  S 75. This act shall take effect immediately; provided that:
  (a) the amendments to the  opening  paragraph  of  subdivision  15  of
section  13-0309  of the environmental conservation law, made by section
sixty-nine of this act, shall take effect on the same date as the rever-
sion of such subdivision as provided in section 2 of chapter 158 of  the
laws of 2011, as amended.
  (b)  sections  thirty-six,  thirty-seven,  thirty-eight,  thirty-nine,
forty, forty-one and forty-two of this act shall take  effect  upon  the
resolution  of  all appeals pending before the freshwater appeals board;

S. 6260--C                         41                         A. 9060--C

provided, however, that such board, created by title 11 of article 24 of
the environmental conservation law, as repealed by section thirty-six of
this act, shall not accept any new cases as of  the  effective  date  of
this act; and
  (c)  the  commissioner of the department of environmental conservation
shall notify the legislative bill drafting commission  upon  the  resol-
ution  of  all  appeals  pending  before the freshwater appeals board in
order that the commission may maintain an accurate and timely  effective
date data base of the official text of the laws of the state of New York
in  furtherance  of  effectuating  the  provisions  of section 44 of the
legislative law and section 70-b of the public officers law.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through D of this act shall  be
as specifically set forth in the last section of such Parts.

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