assembly Bill A3613

Amends the distances allowable between harness horse racetracks

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Bill Status


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

actions

Summary

Relates to the distance between harness horse racetracks and other technical provisions relating thereto.

Bill Details

Versions:
A3613
Current Committee:
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §307, RWB L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3613

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of A. TENNEY, FINCH -- read once and referred to the
  Committee on Racing and Wagering

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
  relation  to  the  distance between harness horse racetracks and other
  technical provisions relating thereto

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

  Section  1.  Subdivision  4  of section 307 of the racing, pari-mutuel
wagering and breeding law is amended to read as follows:
  4. In considering an application for a license under this section  the
state  racing and wagering board may give consideration to the number of
licenses already granted and to the location of  the  tracks  previously
licensed.  No  such  license shall be granted to any track which has not
conducted pari-mutuel harness racing during at least ten calendar  years
and  which  is  located within ten miles of a state, county or town fair
conducting harness racing for the three  consecutive  years  immediately
preceding  April  second,  nineteen  hundred  fifty-three, which license
shall be operative during the racing dates  of  such  fair,  unless  the
association,  corporation or society conducting such fair shall affirma-
tively waive objection to the issuance of such license for dates  within
such period. No such license shall be granted to any track located with-
in  the  corporate  limits of a city of the first class. No such license
shall be granted to any harness horse racetrack OR HARNESS  HORSE  RACE-
TRACKS  WITH  VIDEO LOTTERY TERMINALS located within [twenty-five] SIXTY
miles of any track already licensed for the same dates and hours  except
with the consent of the licensee located within such [twenty-five] SIXTY
mile area.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07477-01-5

assembly Bill A3621

Relates to the allocation of funds under the supportive housing development program

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Sponsor

Bill Status


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

Summary

Relates to the allocation of funds under the supportive housing development program.

Bill Details

See Senate Version of this Bill:
S625
Versions:
A3621
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2823, Pub Health L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3621

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the public health law, in relation to the allocation  of
  funds under the supportive housing development program

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

  Section 1. Subdivision 8 of section 2823 of the public health  law  is
renumbered  subdivision  9  and  a new subdivision 8 is added to read as
follows:
  8. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO LESS  THAN
TEN  MILLION  DOLLARS OF GRANTS UNDER THIS SECTION SHALL BE ALLOCATED TO
PROJECTS IN COUNTIES WITH CITIES THAT HAVE POPULATIONS OF LESS THAN  ONE
MILLION PEOPLE.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01979-01-5

assembly Bill A3612

Directs the superintendent of financial services to study the feasibility of developing and implementing a liability reform plan for recreational land use

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Sponsor

Bill Status


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

actions

Summary

Directs the superintendent of financial services, to study the feasibility of developing and implementing a liability reform plan to protect private landowners who permit public recreational uses of their land.

Bill Details

Versions:
A3612
Current Committee:
Law Section:
Insurance
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3612

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M. of A. TENNEY, KOLB, FINCH -- Multi-Sponsored by -- M.
  of A. LOPEZ -- read once and referred to the Committee on Insurance

AN ACT to direct the superintendent of financial services to  study  the
  feasibility of developing and implementing a liability reform plan for
  private  landowners who provide public access to their lands for vari-
  ous recreational activities; and providing  for  the  repeal  of  such
  provisions upon expiration thereof

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

  Section 1. Legislative intent. Private  land  owners  are  potentially
exposed  to  extensive  civil liabilities for providing public access to
their lands for recreational opportunities. Therefore, it is increasing-
ly difficult  to  negotiate  recreational  opportunities  that  traverse
private  land.  However, if private landowners were insulated from civil
liabilities when opening up parts of their property  for  public  recre-
ational activities, such activities would increase.
  S  2.  The superintendent of financial services shall study the feasi-
bility of developing  and  implementing  a  liability  reform  plan  for
private  land  owners  who provide the public with access to their lands
for various recreational activities including, but not limited to, hunt-
ing, fishing, hiking,  skiing,  snow  shoeing,  snowmobiling,  horseback
riding,  mountain  biking and operating all terrain vehicles. Such study
shall include any relevant information which shall further the intent of
this act.
  S 3. A report of the findings of such study,  recommendations  of  the
superintendent of financial services and any proposed legislation neces-
sary  to  implement  such findings shall be filed with the governor, the
temporary president of the senate, the  speaker  of  the  assembly,  the
minority  leader  of  the senate and the minority leader of the assembly
within one year after the effective date of this act.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed one year after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07495-01-5

assembly Bill A3620

Limits the state tax on motor and Diesel fuels to the national average; repealer

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Sponsor

Bill Status


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

actions

Summary

Limits the state tax on motor and diesel fuels to the national average.

Bill Details

Versions:
A3620
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §§284, 282-a, 289-e & 289-c, rpld §§282-b, 282-c, 284-a & 284-c, Tax L; amd §376, Pub Auth L; amd §10-c, Hway L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3620

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A. LALOR, NOJAY -- read once and referred to the
  Committee on Ways and Means

AN ACT to amend the tax law, the public authorities law and the  highway
  law,  in  relation  to limiting the tax on motor fuels to the national
  average; and to repeal sections 282-b, 282-c, 284-a and 284-c  of  the
  tax law relating to additional and supplemental fuel taxes

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

  Section 1. Subdivision 1 of section 284 of the tax law, as amended  by
chapter  276  of the laws of 1986, is amended and a new subdivision 3 is
added to read as follows:
  1. There is hereby levied and imposed an excise tax [of four cents per
gallon] AS DETERMINED ANNUALLY BY A MAJORITY OF THE LEGISLATURE NO LATER
THAN APRIL FIRST, NOT TO EXCEED THE NATIONAL AVERAGE OF TAXES  ON  MOTOR
FUEL  BY  STATES  AND  THE DISTRICT OF COLUMBIA, INCLUDING ANY TAXES AND
FEES IMPOSED BY LOCAL GOVERNMENTS, AS COMPILED ANNUALLY BY  THE  DEPART-
MENT,  upon  motor  fuel (a) imported into or caused to be imported into
the state by a distributor for use, distribution, storage or sale in the
state or upon motor fuel which is  produced,  refined,  manufactured  or
compounded  by  a distributor in the state (which acts shall hereinafter
in this subdivision be encompassed by the phrase "imported  or  manufac-
tured") or (b) if the tax has not been imposed prior to its sale in this
state,  which  is  sold by a distributor (which act, in conjunction with
the acts described in paragraph (a) of this subdivision,  shall  herein-
after  in  this article be encompassed by the phrase "imported, manufac-
tured or sold"),  except  when  imported,  manufactured  or  sold  under
circumstances which preclude the collection of such tax by reason of the
United  States  constitution  and  of  laws of the United States enacted
pursuant thereto or when imported or  manufactured  by  an  organization
described  in  paragraph one or two of subdivision (a) of section eleven
hundred sixteen of this chapter or a hospital included in the  organiza-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00771-01-5

A. 3620                             2

tions described in paragraph four of such subdivision for its own use or
consumption and except kero-jet fuel when imported or manufactured by an
airline for use in its airplanes. Provided, further, no motor fuel shall
be  included  in  the measure of the tax unless it shall have previously
come to rest within the meaning of federal decisional  law  interpreting
the  United  States  constitution.  All  tax  for the period for which a
return is required to be filed shall be due on the date limited for  the
filing  of the return for such period, regardless of whether a return is
filed by such distributor as required by this  article  or  whether  the
return which is filed correctly shows the amount of tax due.
  3. THE METHODOLOGY BY WHICH THE DEPARTMENT COMPUTES THE NATIONAL AVER-
AGE  OF  SALES TAXES IMPOSED ON MOTOR FUEL BY STATES AND THE DISTRICT OF
COLUMBIA FOR THE PURPOSES OF LIMITING THE ANNUAL EXCISE TAX  IMPOSED  BY
SUBDIVISION  ONE  OF  THIS  SECTION  SHALL  BE SUBJECT TO THE REVIEW AND
APPROVAL OF A MAJORITY OF THE LEGISLATURE EVERY FOUR YEARS NO LATER THAN
APRIL FIRST.
  S 2. Subdivision 1 of section 282-a of the  tax  law,  as  amended  by
section  2 of part W of chapter 59 of the laws of 2013, is amended and a
new subdivision 1-a is added to read as follows:
  1. There is hereby levied and imposed with  respect  to  Diesel  motor
fuel  an excise tax [of four cents per gallon] AS DETERMINED ANNUALLY BY
A MAJORITY OF THE LEGISLATURE NO LATER THAN APRIL FIRST, NOT  TO  EXCEED
THE  NATIONAL AVERAGE OF TAXES ON DIESEL FUEL BY STATES AND THE DISTRICT
OF COLUMBIA INCLUDING ANY TAXES AND FEES IMPOSED BY LOCAL GOVERNMENTS AS
COMPILED ANNUALLY BY THE DEPARTMENT, upon the  sale  or  use  of  Diesel
motor fuel in this state.
  The  excise  tax  is  imposed on the first sale or use of Diesel motor
fuel to occur which is not exempt from tax under this article. Provided,
however, if the tax has not been imposed  prior  thereto,  it  shall  be
imposed  on  the  removal  of highway Diesel motor fuel from a terminal,
other than by pipeline, barge, tanker or other vessel, or  the  delivery
of Diesel motor fuel to a filling station or into the fuel tank connect-
ing  with the engine of a motor vehicle for use in the operation thereof
whichever event shall be first to occur. The tax shall be computed based
upon the number of gallons of Diesel motor fuel sold, removed or used or
the number of gallons of Diesel fuel delivered into the fuel tank  of  a
motor  vehicle,  as  the  case  may be. Nothing in this article shall be
construed to require the payment of such excise tax more than once  upon
the same Diesel motor fuel. Nor shall the collection of such tax be made
applicable  to  the sale or use of Diesel motor fuel under circumstances
which preclude the collection of such tax by reason of the United States
constitution and of laws of the United States enacted pursuant  thereto.
Provided, further, no Diesel motor fuel shall be included in the measure
of the tax unless it shall have previously come to rest within the mean-
ing  of  federal decisional law interpreting the United States constitu-
tion. All tax for the period for which a return is required to be  filed
shall  be  due on the date limited for the filing of the return for such
period, regardless of whether a return is  filed  as  required  by  this
article  or whether the return which is filed correctly shows the amount
of tax due.
  1-A. THE METHODOLOGY BY WHICH THE  DEPARTMENT  COMPUTES  THE  NATIONAL
AVERAGE OF SALES TAXES IMPOSED ON DIESEL FUEL BY STATES AND THE DISTRICT
OF  COLUMBIA  FOR THE PURPOSES OF LIMITING THE ANNUAL EXCISE TAX IMPOSED
BY SUBDIVISION ONE OF THIS SECTION SHALL BE SUBJECT TO  THE  REVIEW  AND
APPROVAL OF A MAJORITY OF THE LEGISLATURE EVERY FOUR YEARS NO LATER THAN
APRIL FIRST.

A. 3620                             3

  S  3.  Sections  282-b,  282-c,  284-a  and  284-c  of the tax law are
REPEALED.
  S  4.  Subdivision  1  of  section 289-e of the tax law, as amended by
section 15 of part K of chapter 61 of the laws of 2011,  is  amended  to
read as follows:
  1.  All  taxes,  interest, penalties and fees collected or received by
the commissioner under the taxes imposed  by  this  article,  except  as
provided  otherwise  in  subdivision  two  and subdivision three of this
section  [and   sections   two   hundred   eighty-two-b,   two   hundred
eighty-two-c,  two hundred eighty-four-a and two hundred eighty-four-c,]
other than the fee imposed by  section  two  hundred  eighty-four-d  and
penalties  and  interest on such fee, shall be deposited and disposed of
pursuant to the provisions of section one hundred seventy-one-a of  this
chapter;  provided that an amount equal to thirty-seven and one-half per
centum of the moneys collected under section two hundred eighty-four  of
this  [chapter]  ARTICLE shall be appropriated and used for the acquisi-
tion of property necessary for the construction  and  reconstruction  of
highways  and  bridges  or culverts on the state highway system, and for
the construction, maintenance and repair of such highways and bridges or
culverts, all under the direction of the commissioner of transportation.
  S 5. Paragraphs (b), (d) and (e) of subdivision 3 of section 289-c  of
the  tax  law,  paragraph  (b)  as amended by chapter 411 of the laws of
1971, paragraph (d) as amended by chapter 836 of the laws  of  1974  and
paragraph  (e)  as added by chapter 756 of the laws of 1974, are amended
to read as follows:
  (b) Any omnibus carrier which shall buy any motor fuel  on  which  the
[aggregate]  tax imposed by section two hundred eighty-four [and section
two hundred eighty-four-a] of this  [chapter]  ARTICLE,  or  any  diesel
motor  fuel  on which the [aggregate] tax imposed by section two hundred
eighty-two-a [and section two hundred eighty-two-b]  of  this  [chapter]
ARTICLE,  shall have been paid, shall be reimbursed, in the case of such
motor fuel, the amount paid pursuant  to  such  [sections]  SECTION  two
hundred  eighty-four  [and  two hundred eighty-four-a] in excess of four
cents per gallon, and in the case of diesel motor fuel, the amount  paid
pursuant  to  such  [sections] SECTION two hundred eighty-two-a [and two
hundred eighty-two-b] in excess of six cents per gallon,  provided  such
motor fuel or diesel motor fuel has been consumed by such carrier in the
operation  of an omnibus in this state. Any taxicab licensee, as defined
by subdivision ten of section two hundred eighty-two of  this  [chapter]
ARTICLE,  who or which shall buy any motor fuel on which the [aggregate]
tax imposed by section two hundred eighty-four [and section two  hundred
eighty-four-a]  of  this  [chapter]  ARTICLE or any diesel motor fuel on
which the [aggregate] tax imposed by section  two  hundred  eighty-two-a
[and  section two hundred eighty-two-b] of this [chapter] ARTICLE, shall
have been paid, shall be reimbursed, in the case of such motor fuel, the
amount paid pursuant to such [sections] SECTION two hundred  eighty-four
[and  two hundred eighty-four-a] in excess of four cents per gallon, and
in the case of diesel motor fuel,  the  amount  paid  pursuant  to  such
[sections]   SECTION   two   hundred   eighty-two-a   [and  two  hundred
eighty-two-b] in excess of six cents per  gallon,  provided  such  motor
fuel  or diesel fuel has been consumed by such licensee in the operation
of a taxicab in this state.
  (d) Any omnibus carrier which  shall  buy  motor  fuel  on  which  the
[aggregate] tax imposed by section two hundred eighty-four[, section two
hundred  eighty-four-a  and  section  two hundred eighty-four-c] of this
[chapter] ARTICLE or any diesel motor fuel on which the [aggregate]  tax

A. 3620                             4

imposed by section two hundred eighty-two-a[, section two hundred eight-
y-two-b  and section two hundred eighty-two-c] of this [chapter] ARTICLE
shall have been paid, shall be reimbursed the amount paid provided  such
motor fuel or diesel motor fuel has been consumed by such carrier in the
operation  of an omnibus in local transit service in this state pursuant
to a certificate of convenience and necessity issued by the commissioner
of transportation of this state or by the interstate commerce commission
of the United States or pursuant to a  contract,  franchise  or  consent
between  such  carrier  and  a city having a population of more than one
million inhabitants, or any agency of such city.
  (e) Any nonpublic school operator which shall buy motor fuel on  which
the [aggregate] tax imposed by section two hundred eighty-four[, section
two hundred eighty-four-a and section two hundred eighty-four-c] of this
[chapter]  ARTICLE or any diesel motor fuel on which the [aggregate] tax
imposed by section two hundred eighty-two-a[, section two hundred eight-
y-two-b and section two hundred eighty-two-c] of this [chapter]  ARTICLE
shall  have been paid, shall be reimbursed the amount paid provided such
motor fuel or diesel motor fuel has  been  consumed  by  such  nonpublic
school operator exclusively in educational related activities.
  S  6.  Paragraph  (b)  of  subdivision  5 of section 376 of the public
authorities law, as amended by chapter  55  of  the  laws  of  1992,  is
amended to read as follows:
  (b)  To  assure  the continued operation and solvency of the authority
for the carrying out of the purposes relating to this section, provision
is made in this section for the accumulation in the debt service reserve
fund of an amount equal to the maximum amount of principal and  interest
maturing  and  becoming due in any succeeding calendar year on all bonds
of the authority then outstanding and  secured  by  such  reserve  fund;
provided  however  for  such  bonds  issued by the authority after April
first, nineteen hundred ninety-two, such debt service reserve  fund  may
in  the  discretion  of  the authority and consistent with any covenants
with any existing bondholders and without impairing the  rights  of  any
existing  bondholders  be sized in an amount equal to not less than one-
half of the maximum amount of principal and interest maturing and becom-
ing due in any succeeding calendar year on such bonds of  the  authority
then outstanding and secured by such debt service reserve fund. In order
to  further  assure  the  maintenance of such debt service reserve fund,
with respect to bonds of the authority issued pursuant  to  subdivisions
two-a,  two-b  and  two-c  of  this  section after April first, nineteen
hundred ninety, the authority shall create a special subaccount in  each
revenue  fund  established  pursuant  to  any  resolution or resolutions
authorizing such bonds. [Such subaccounts shall consist  of  the  moneys
available  after  April  first,  nineteen  hundred  ninety,  pursuant to
sections two hundred eighty-two-b, two hundred eighty-two-c, two hundred
eighty-four-a and two hundred eighty-four-c of the tax law,  respective-
ly,  in  the  emergency  highway  reconditioning  and  preservation fund
reserve account established pursuant to paragraph (b) of subdivision two
of section eighty-nine of the state finance law  and  in  the  emergency
highway construction and reconstruction fund reserve account established
pursuant to paragraph (b) of subdivision two of section eighty-nine-a of
the state finance law, apportioned and paid to the authority for deposit
in such subaccount of the revenue fund.] Amounts in each such subaccount
shall be kept separate and shall not be commingled with any other moneys
in  the custody of the authority.  Amounts in each such subaccount shall
be applied solely to pay such sum, if any, as shall  semi-annually,  (on
such dates as are established under the terms of any cooperative highway

A. 3620                             5

contractual  agreement  of the department of transportation with the New
York state thruway authority entered into on or after April first, nine-
teen hundred ninety which is then in effect), be certified by the chair-
man of the authority to the governor and state director of the budget as
necessary  to  provide funds in an amount sufficient together with other
moneys available to the authority for such purpose, to pay  one-half  of
the total annual principal and interest maturing and becoming due during
the next succeeding twelve calendar months on all bonds of the authority
issued  pursuant  to subdivisions two-a, two-b and two-c of this section
after April first, nineteen hundred ninety and  maintaining  or  funding
debt  service reserve funds therefor. [Any surplus of funds in excess of
such certified amounts remaining in  each  such  subaccount  after  such
payments,  if  any,  have been made shall on the dates established under
the terms of such cooperative  highway  agreements,  be  paid  over  for
deposit, respectively, in the emergency highway reconditioning and pres-
ervation  fund  reserve account established pursuant to paragraph (b) of
subdivision two of section eighty-nine of the state finance law  and  in
the  emergency  highway  construction  and  reconstruction  fund reserve
account established pursuant to paragraph  (b)  of  subdivision  two  of
section eighty-nine-a of the state finance law.]
  S  7.  Subdivision 5 of section 10-c of the highway law, as amended by
chapter 20 of the laws of 1983, is amended to read as follows:
  5. For amounts to be distributed pursuant to this  section  above  the
funding  level,  as defined in this subdivision, received by any munici-
pality, such municipality shall use at  least  seventy-five  percent  of
such apportioned moneys for the construction, reconstruction or improve-
ment  of  local  highways,  bridges  and/or  highway-railroad crossings,
including  right  of  way  acquisition,  preliminary  engineering,   and
construction  supervision  and inspection, where the service life of the
project is at least ten years. Such moneys made available may be used to
match other state and federal funds made  available  for  such  projects
under  federal-aid highway acts. The remainder of the apportionment, may
be used for any highway purposes, except debt service, including but not
limited to, the acquisition of materials and equipment devoted to opera-
tion and maintenance of local highways, bridges and/or  highway-railroad
crossings  and  the payment of any costs directly attributable to opera-
tion and maintenance of local highways, bridges and/or  highway-railroad
crossings. At the discretion of the commissioner, the requirement speci-
fied  in  this  subdivision  may  be  waived  for assistance payments in
amounts of less than five thousand dollars. For purposes of this section
"funding level" shall mean the  average  amounts,  calculated  for  each
municipality,  received  over two years ending March thirty-first, nine-
teen hundred eighty-two from the provisions of the town highway improve-
ment program, the distribution made by former section one hundred twelve
of this chapter, as repealed by section twenty-one of the transportation
systems assistance and financing act of 1981 of amounts  collected  from
taxes  on  motor  fuel imposed by [sections] SECTION two hundred eighty-
four [and two hundred eighty-four-a] of the tax law and on Diesel  motor
fuel  imposed  by  [sections]  SECTION two hundred eighty-two-a [and two
hundred eighty-two-b] of the  tax  law,  and  from  motor  vehicle  fees
collected  from residents pursuant to the vehicle and traffic law, [and]
the distribution made by former section two hundred seventy-nine of this
chapter, as repealed by section twenty-one of the transportation systems
assistance and financing act of 1981,  AND  THE  DISTRIBUTIONS  MADE  BY
FORMER SECTIONS TWO HUNDRED EIGHTY-TWO-B AND TWO HUNDRED EIGHT-FOUR-A OF

A. 3620                             6

THE  TAX  LAW,  AS  REPEALED  BY  A  CHAPTER OF THE LAWS OF TWO THOUSAND
FIFTEEN WHICH AMENDED THIS SUBDIVISION.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law.

assembly Bill A3611

Relates to payments in lieu of taxes

download pdf

Sponsor

Bill Status


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

actions

Summary

Relates to payments in lieu of taxes; improves how payments in lieu of taxes are collected.

Bill Details

See Senate Version of this Bill:
S1151
Versions:
A3611
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §3-c, Gen Muni L; amd §2023-a, Ed L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3611

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. MORELLE, SCHIMMINGER, BARRETT -- Multi-Sponsored
  by -- M. of A.  BUTLER, McDONALD, MONTESANO, PALMESANO,  SKARTADOS  --
  read once and referred to the Committee on Local Governments

AN  ACT  to  amend  the  general municipal law and the education law, in
  relation to payments in lieu of taxes

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

  Section  1.  Subparagraph  (i)  of  paragraph  (b) of subdivision 3 of
section 3-c of the general municipal law, as added by section 1 of  part
A of chapter 97 of the laws of 2011, is amended to read as follows:
  (i) The commissioner of taxation and finance shall calculate a quanti-
ty  change  factor  for each local government for the coming fiscal year
based upon the physical or quantity change, as defined by section twelve
hundred twenty of the real property tax law, reported to the commission-
er of taxation and finance by the  assessor  or  assessors  pursuant  to
section  five  hundred  seventy-five  of  the real property tax law. The
quantity change factor shall show the percentage by which the full value
of the taxable real property in the local government has changed due  to
physical  or quantity change between the second final assessment roll or
rolls preceding the final assessment roll or rolls upon which taxes  are
to be levied, and the final assessment roll or rolls immediately preced-
ing the final assessment roll or rolls upon which taxes are to be levied
AND INCLUDE THE CHANGE IN ASSESSED VALUE FOR EACH PROPERTY ON THE EXEMPT
SIDE OF THE TAX ROLLS UNDER A PAYMENT IN LIEU OF TAX AGREEMENT.
  S 2. Paragraph b of subdivision 2-a of section 2023-a of the education
law,  as added by section 2 of part A of chapter 97 of the laws of 2011,
is amended to read as follows:
  b. The commissioner of taxation and finance shall calculate a quantity
change factor for the coming school year for each school district  based
upon  the  physical  or  quantity  change,  as defined by section twelve
hundred twenty of the real property tax law, reported to the commission-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04426-01-5

A. 3611                             2

er of taxation and finance by the  assessor  or  assessors  pursuant  to
section  five  hundred  seventy-five  of  the real property tax law. The
quantity change factor shall show the percentage by which the full value
of  the  taxable real property in the school district has changed due to
physical or quantity change between the second final assessment roll  or
rolls  preceding the final assessment roll or rolls upon which taxes are
to be levied, and the final assessment roll or rolls immediately preced-
ing the final assessment roll or rolls upon which taxes are to be levied
AND INCLUDE THE CHANGE IN ASSESSED VALUE FOR EACH PROPERTY ON THE EXEMPT
SIDE OF THE TAX ROLLS UNDER A PAYMENT IN LIEU OF TAX AGREEMENT.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that  the  amendments  to
section  3-c  of  the  general  municipal  law and section 2023-a of the
education law made by sections one and two of  this  act,  respectively,
shall  not  affect  the  repeal  of  such  sections  and shall be deemed
repealed  therewith.  Effective  immediately,  the  addition,  amendment
and/or  repeal of any rules or regulations necessary for the implementa-
tion of this act on its effective date is authorized to be  made  on  or
before such effective date.

assembly Bill A3610

Relates to the New York state science, technology, engineering and mathematics incentive program

download pdf

Sponsor

Bill Status


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

actions

Summary

Relates to the New York state science, technology, engineering and mathematics incentive program.

Bill Details

See Senate Version of this Bill:
S523
Versions:
A3610
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §669-e, Ed L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3610

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of A. MORELLE, SCHIMMINGER, MOSLEY, BRINDISI -- read
  once and referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to  the  New  York  state
  science, technology, engineering and mathematics incentive program

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

  Section 1. Subdivision 1 of section 669-e of  the  education  law,  as
added  by  section  1  of  part  G of chapter 56 of the laws of 2014, is
amended to read as follows:
  1. Undergraduate students who are matriculated in an  approved  under-
graduate program leading to a career in science, technology, engineering
or  mathematics at a New York state [public institution of higher educa-
tion] COLLEGE AS DEFINED IN SECTION SIX  HUNDRED  ONE  OF  THIS  CHAPTER
shall  be  eligible for an award under this section, provided the appli-
cant: (a) graduates from a high school located in New York state  during
or after the two thousand thirteen--fourteen school year; and (b) gradu-
ates within the top ten percent of his or her high school class; and (c)
enrolls  in  full-time  study each term beginning in the fall term after
his or her high school graduation in an approved  undergraduate  program
in  science,  technology,  engineering or mathematics, as defined by the
corporation, at a New York state [public institution  of  higher  educa-
tion] COLLEGE AS DEFINED IN SECTION SIX HUNDRED ONE OF THIS CHAPTER; and
(d) signs a contract with the corporation agreeing that his or her award
will  be  converted  to a student loan in the event the student fails to
comply with the terms of this program as set forth in  subdivision  four
of this section; and (e) complies with the applicable provisions of this
article  and  all  requirements  promulgated  by the corporation for the
administration of the program.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03431-01-5

assembly Bill A3609

Exempts owners of farms and the owners of multiple dwellings from the scaffold law in certain instances

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Sponsor

Bill Status


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

actions

Summary

Exempts owners of farms and the owners of multiple dwellings from complying with the scaffold law in certain instances.

Bill Details

Versions:
A3609
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §§240 & 241, Lab L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3609

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. HAWLEY, KOLB, CROUCH -- Multi-Sponsored by -- M.
  of A. BARCLAY, GIGLIO, OAKS -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation to the use of scaffolding and
  other devices for use by employees

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

  Section  1.  Subdivision 1 of section 240 of the labor law, as amended
by chapter 241 of the laws of 1981, is amended to read as follows:
  1.  All contractors and owners and  their  agents,  except  OWNERS  OF
FARMS,  owners  of  one  and two-family dwellings AND OWNERS OF MULTIPLE
DWELLINGS who contract for but do not direct or control the work, in the
erection, demolition, repairing, altering, painting, cleaning or  point-
ing  of  a  building or structure shall furnish or erect, or cause to be
furnished or erected for the performance  of  such  labor,  scaffolding,
hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons,
ropes, and other devices which shall be so constructed, placed and oper-
ated as to give proper protection to a person so employed.
  No  liability  pursuant to this subdivision for the failure to provide
protection to a person so employed  shall  be  imposed  on  professional
engineers  as  provided  for  in  article  one hundred forty-five of the
education law, architects as provided for in article one hundred  forty-
seven of such law or landscape architects as provided for in article one
hundred  forty-eight  of  such law who do not direct or control the work
for activities other than planning and design. This exception shall  not
diminish or extinguish any liability of professional engineers or archi-
tects  or landscape architects arising under the common law or any other
provision of law.
  S 2. The opening paragraph of section 241 of the labor law, as amended
by chapter 670 of the laws of 1980, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02076-01-5

A. 3609                             2

  All contractors and owners and their agents, except OWNERS  OF  FARMS,
owners  of one and two-family dwellings AND OWNERS OF MULTIPLE DWELLINGS
who contract for but do not direct or control the work, when  construct-
ing or demolishing buildings or doing any excavating in connection ther-
ewith, shall comply with the following requirements:
  S 3. This act shall take effect immediately.

assembly Bill A3606

Grants personal income taxpayers with a credit of $1.00 per day for each day after April 1 until the legislature enacts the state budget

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Sponsor

Bill Status


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

actions

Summary

Grants personal income taxpayers with a credit of $1.00 per day for each day up to a maximum of seventy-five days after April 1 until the legislature enacts the state budget provided such taxpayer has timely filed his or her return.

Bill Details

Versions:
A3606
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3606

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT to amend the tax law, in relation to  providing  for  a  personal
  income tax credit in the event of a tardy state budget

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

  Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
subsection (o-1) to read as follows:
  (O-1)  TAX  CREDIT IN THE EVENT OF AN UNTIMELY BUDGET. (1) A TAXPAYER,
WHO HAS FILED A COMPLETED TAX RETURN ON OR BEFORE APRIL FIFTEENTH IN ANY
YEAR SHALL BE ENTITLED TO A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE, IN AN AMOUNT EQUAL TO ONE DOLLAR PER DAY FOR EACH DAY UP TO A MAXI-
MUM OF SEVENTY-FIVE DAYS AFTER APRIL FIRST THAT THE LEGISLATURE FAILS TO
PASS THOSE BILLS, WITH OR WITHOUT AMENDMENTS, SUBMITTED  TO  IT  BY  THE
GOVERNOR  PURSUANT TO SECTION THREE OF ARTICLE SEVEN OF THE CONSTITUTION
MAKING APPROPRIATIONS AND REAPPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT
AND CONSTITUTING THE STATE BUDGET.
  (2) IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER  THIS  SUBSECTION  FOR
ANY  TAXABLE  YEAR  SHALL  EXCEED  THE TAXPAYER'S TAX FOR SUCH YEAR, THE
EXCESS SHALL IN ANY EVENT BE REFUNDED AND PAID TO SUCH TAXPAYER IN  THAT
YEAR  IN  THE  SAME MANNER AS AN OVERPAYMENT OF TAX IS SO REFUNDABLE AND
PAID.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2016.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02642-01-5

assembly Bill A3605

Requires employers and volunteer organizations to conduct a criminal history check of child care employees and volunteers

download pdf

Sponsor

Bill Status


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

actions

Summary

Requires employers and volunteer organizations to conduct a criminal history check of employees and volunteers who will come into contact with children under 18 years of age.

Bill Details

Versions:
A3605
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §837-s, Exec L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3605

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. TEDISCO, OAKS, KOLB, MONTESANO -- Multi-Sponsored
  by  --  M.  of  A.   BUTLER, CROUCH, McKEVITT, THIELE -- read once and
  referred to the Committee on Children and Families

AN ACT to amend the executive law, in relation to requiring  a  criminal
  history check for child care employees and volunteers

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

  Section 1. The executive law is amended by adding a new section  837-s
to read as follows:
  S  837-S. REQUESTS FOR CRIMINAL HISTORY INFORMATION CONCERNING NEW AND
PROSPECTIVE CHILD CARE EMPLOYEES. 1. AN EMPLOYER AND VOLUNTEER ORGANIZA-
TION SHALL REQUEST AND ARE AUTHORIZED TO RECEIVE FROM THE DIVISION CRIM-
INAL HISTORY INFORMATION CONCERNING EACH NEW  AND  PROSPECTIVE  EMPLOYEE
AND VOLUNTEER WHO IN CONNECTION WITH SUCH EMPLOYMENT FOR SERVICE WILL BE
IN  CONTACT  WITH  PERSONS  UNDER  THE  AGE  OF EIGHTEEN, SUBJECT TO THE
FOLLOWING RESTRICTIONS:
  (A) AN EMPLOYER OR VOLUNTEER ORGANIZATION SHALL DESIGNATE  ONE  PERSON
WHO  SHALL BE AUTHORIZED TO REQUEST, RECEIVE AND REVIEW CRIMINAL HISTORY
INFORMATION, AND ONLY SUCH PERSON AND THE NEW  OR  PROSPECTIVE  EMPLOYEE
AND VOLUNTEER WHO IN CONNECTION WITH SUCH EMPLOYMENT FOR SERVICE WILL BE
IN  CONTACT WITH PERSONS UNDER THE AGE OF EIGHTEEN TO WHICH THE CRIMINAL
HISTORY INFORMATION RELATES  SHALL  HAVE  ACCESS  TO  SUCH  INFORMATION;
PROVIDED, HOWEVER, THAT CRIMINAL HISTORY INFORMATION MAY BE DISCLOSED TO
OTHER PERSONNEL AUTHORIZED BY THE EMPLOYER OR VOLUNTEER ORGANIZATION WHO
ARE  EMPOWERED BY SUCH EMPLOYER OR VOLUNTEER ORGANIZATION TO MAKE HIRING
DECISIONS CONCERNING NEW OR  PROSPECTIVE  EMPLOYEES  OR  VOLUNTEERS  AND
PROVIDED  FURTHER THAT SUCH OTHER PERSONNEL SHALL ALSO BE SUBJECT TO THE
CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF  THIS  ARTICLE.
AN  EMPLOYER OR VOLUNTEER ORGANIZATION SHALL NOTIFY THE DIVISION OF EACH
PERSON AUTHORIZED TO HAVE ACCESS TO CRIMINAL HISTORY INFORMATION  PURSU-
ANT TO THIS SECTION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02618-01-5

A. 3605                             2

  (B)  AN EMPLOYER OR VOLUNTEER ORGANIZATION REQUESTING CRIMINAL HISTORY
INFORMATION PURSUANT TO THIS SECTION SHALL DO SO BY  COMPLETING  A  FORM
DEVELOPED  FOR  SUCH PURPOSE BY THE DIVISION.  SUCH FORM SHALL INCLUDE A
SWORN STATEMENT OF THE PERSON DESIGNATED BY THE  EMPLOYER  OR  VOLUNTEER
ORGANIZATION TO REQUEST, RECEIVE AND REVIEW CRIMINAL HISTORY INFORMATION
PURSUANT  TO  PARAGRAPH  (A) OF THIS SUBDIVISION CERTIFYING THAT (I) THE
PERSON WHOSE CRIMINAL HISTORY INFORMATION IS REQUESTED IS NOT  PRESENTLY
BUT  HAS APPLIED TO BE AN EMPLOYEE OR VOLUNTEER, OR IS A NEW EMPLOYEE OR
VOLUNTEER; (II) SUCH CRIMINAL HISTORY INFORMATION WILL BE  USED  BY  THE
EMPLOYER  OR  VOLUNTEER  ORGANIZATION  SOLELY FOR PURPOSES AUTHORIZED BY
THIS ARTICLE; AND (III) THE EMPLOYER OR VOLUNTEER ORGANIZATION  AND  ITS
STAFF  ARE  AWARE OF AND SHALL ABIDE BY THE CONFIDENTIALITY REQUIREMENTS
AND ALL OTHER PROVISIONS OF THIS ARTICLE;
  (C) THE PERSON DESIGNATED BY AN EMPLOYER OR VOLUNTEER ORGANIZATION FOR
RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT  TO  PARAGRAPH  (A)  OF
THIS  SUBDIVISION  SHALL  UPON  RECEIPT  IMMEDIATELY  MARK SUCH CRIMINAL
HISTORY INFORMATION "CONFIDENTIAL", AND SHALL AT ALL TIMES MAINTAIN SUCH
CRIMINAL HISTORY INFORMATION IN A SECURE PLACE.  ANY PERSON WHO WILLFUL-
LY PERMITS THE RELEASE OF ANY CONFIDENTIAL CRIMINAL HISTORY  INFORMATION
CONTAINED  IN  THE  REPORT  TO  PERSONS NOT PERMITTED BY THIS ARTICLE TO
RECEIVE SUCH INFORMATION SHALL BE GUILTY OF A MISDEMEANOR.
  2. NOTWITHSTANDING SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED  THIR-
TY-SEVEN OF THIS ARTICLE THERE SHALL BE NO FEE CHARGED TO AN EMPLOYER OR
VOLUNTEER  ORGANIZATION  OR  AN  EMPLOYEE OR VOLUNTEER FOR A REQUEST FOR
CRIMINAL HISTORY INFORMATION SUBMITTED TO THE DIVISION PURSUANT TO  THIS
SECTION.
  3.  TO THE EXTENT PERMITTED BY LAW, AN EMPLOYER OR VOLUNTEER ORGANIZA-
TION MAY REQUEST FROM A NEW  OR  PROSPECTIVE  EMPLOYEE  OR  VOLUNTEER  A
STATEMENT  OF HIS OR HER PRIOR CRIMINAL CONVICTIONS IN THIS STATE OR ANY
OTHER JURISDICTION. PRIOR TO  REQUESTING  CRIMINAL  HISTORY  INFORMATION
CONCERNING  ANY  NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER, EACH EMPLOYER
OR VOLUNTEER ORGANIZATION SHALL:
  (A) INFORM THE NEW OR PROSPECTIVE EMPLOYEE  OR  VOLUNTEER  IN  WRITING
THAT  THE  EMPLOYER OR VOLUNTEER ORGANIZATION IS REQUIRED TO REQUEST HIS
OR HER CRIMINAL HISTORY INFORMATION FROM THE DIVISION  AND  REVIEW  SUCH
INFORMATION PURSUANT TO THIS SECTION;
  (B)  INFORM  THE  NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER THAT BEFORE
THE EMPLOYER OR VOLUNTEER ORGANIZATION REQUESTS  SUCH  CRIMINAL  HISTORY
INFORMATION,  THE NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER HAS THE RIGHT
TO OBTAIN, REVIEW AND SEEK CORRECTION OF HIS  OR  HER  CRIMINAL  HISTORY
INFORMATION  PURSUANT  TO  REGULATIONS AND PROCEDURES ESTABLISHED BY THE
DIVISION;
  (C) OBTAIN THE SIGNED INFORMED  CONSENT  OF  THE  NEW  OR  PROSPECTIVE
EMPLOYEE OR VOLUNTEER ON A FORM SUPPLIED BY THE DIVISION WHICH INDICATES
THAT SUCH PERSON HAS:
  (I)  BEEN  INFORMED  OF  THE RIGHT AND PROCEDURES NECESSARY TO OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
  (II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
NAL HISTORY INFORMATION;
  (III) CONSENTED TO SUCH REQUEST; AND
  (D) UPON RECEIVING SUCH WRITTEN CONSENT, OBTAIN  THE  FINGERPRINTS  OF
SUCH  NEW  OR  PROSPECTIVE EMPLOYEE OR VOLUNTEER PURSUANT TO REGULATIONS
ESTABLISHED BY THE DIVISION.
  4. A NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER MAY  WITHDRAW  FROM  THE
APPLICATION PROCESS, WITHOUT PREJUDICE, AT ANY TIME REGARDLESS OF WHETH-
ER OR NOT HE OR SHE HAS REVIEWED HIS OR HER CRIMINAL HISTORY INFORMATION

A. 3605                             3

OR  THE EMPLOYER OR VOLUNTEER ORGANIZATION HAS RECEIVED CRIMINAL HISTORY
INFORMATION. WHERE A NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER  WITHDRAWS
FROM  THE  APPLICATION  PROCESS,  ANY  FINGERPRINTS AND CRIMINAL HISTORY
INFORMATION  CONCERNING  SUCH  NEW  OR PROSPECTIVE EMPLOYEE OR VOLUNTEER
RECEIVED BY THE EMPLOYER OR VOLUNTEER ORGANIZATION SHALL BE  IMMEDIATELY
RETURNED  TO SUCH NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER BY THE PERSON
DESIGNATED FOR RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO PARA-
GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
  5. IN ALL CASES THE  FINGERPRINTS  AND  CRIMINAL  HISTORY  INFORMATION
CONCERNING  A  NEW  OR  PROSPECTIVE EMPLOYEE OR VOLUNTEER SHALL BE IMME-
DIATELY RETURNED TO SUCH PERSON BY THE PERSON DESIGNATED FOR RECEIPT  OF
CRIMINAL  HISTORY INFORMATION UPON THE DENIAL OF EMPLOYMENT OR VOLUNTARY
SERVICES OR TERMINATION OF EMPLOYMENT  OR  VOLUNTARY  SERVICES  OF  SUCH
EMPLOYEE OR VOLUNTEER.
  6.  THE  DIVISION SHALL PROVIDE REQUESTED CRIMINAL HISTORY INFORMATION
AND RETURN FINGERPRINTS TO AN EMPLOYER OR VOLUNTEER ORGANIZATION  WITHIN
FIFTEEN BUSINESS DAYS AFTER THE RECEIPT OF A REQUEST FOR CRIMINAL HISTO-
RY INFORMATION IF SUCH REQUEST IS:
  (A)  MADE BY THE PERSON DESIGNATED BY THE EMPLOYER OR VOLUNTEER ORGAN-
IZATION FOR RECEIPT OF CRIMINAL HISTORY INFORMATION  PURSUANT  TO  PARA-
GRAPH  (A)  OF  SUBDIVISION  ONE  OF THIS SECTION AND ACCOMPANIED BY THE
CERTIFICATION REQUIRED BY PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  THIS
SECTION;
  (B)  ACCOMPANIED  BY  THE COMPLETED FORM DESCRIBED IN PARAGRAPH (C) OF
SUBDIVISION THREE OF THIS SECTION; AND
  (C) ACCOMPANIED BY FINGERPRINTS OF THE NEW OR PROSPECTIVE EMPLOYEE  OR
VOLUNTEER  OBTAINED  PURSUANT  TO  PARAGRAPH (D) OF SUBDIVISION THREE OF
THIS SECTION.
  7. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS  NECES-
SARY  TO  IMPLEMENT  THE PROVISIONS OF THIS SECTION, WHICH SHALL INCLUDE
CONVENIENT PROCEDURES FOR NEW AND PROSPECTIVE EMPLOYEES  AND  VOLUNTEERS
TO  PROMPTLY  VERIFY  THE ACCURACY OF THEIR CRIMINAL HISTORY INFORMATION
AND, TO THE EXTENT AUTHORIZED BY LAW, TO HAVE ACCESS TO  RELEVANT  DOCU-
MENTS RELATED THERETO.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

assembly Bill A3604

Relates to development of a permit system to provide disabled veterans access to certain restricted bodies of water through the use of float planes

download pdf

Sponsor

Bill Status


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

actions

Summary

Directs the development of a permit system to provide disabled veterans access to certain restricted bodies of water in the Adirondack park through the use of float planes.

Bill Details

See Senate Version of this Bill:
S1145
Versions:
A3604
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §816, Exec L; add §15-0506, En Con L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3604

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M. of A. STEC, GRAF, DUPREY, FINCH, NOJAY -- Multi-Spon-
  sored by -- M. of A.  McDONALD, TENNEY -- read once  and  referred  to
  the Committee on Environmental Conservation

AN  ACT  to  amend  the executive law and the environmental conservation
  law, in relation to development of a permit system to provide disabled
  veterans access to certain restricted bodies of water through the  use
  of float planes

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

  Section 1. Subdivision 3 of section 816 of the executive law is renum-
bered subdivision 4 and a new subdivision 3 is added to read to follows:
  3. THE MASTER PLAN  AND  THE  INDIVIDUAL  MANAGEMENT  PLANS  SHALL  BE
REVIEWED PERIODICALLY AND SHALL BE AMENDED FROM TIME TO TIME PURSUANT TO
SECTION  15-0506  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW, AND WHEN SO
AMENDED SHALL AS AMENDED HENCEFORTH GUIDE THE MANAGEMENT OF STATE  LANDS
IN  THE ADIRONDACK PARK. AMENDMENTS TO THE MASTER PLAN SHALL BE PREPARED
BY THE AGENCY, IN CONSULTATION  WITH  THE  DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION,  AND  SUBMITTED  AFTER  PUBLIC HEARING TO THE GOVERNOR FOR
APPROVAL.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 15-0506 to read as follows:
S 15-0506. PERMITS  FOR  FLOAT  PLANE  ACCESS  TO BODIES OF WATER IN THE
             ADIRONDACK PARK.
  1. FOR THE PURPOSES OF THIS SECTION THE  FOLLOWING  DEFINITIONS  SHALL
APPLY:
  A. "FLOAT PLANE" SHALL MEAN AN AIRPLANE EQUIPPED WITH FLOATS FOR LAND-
ING ON OR TAKING OFF FROM A BODY OF WATER.
  B.  "AREA" MEANS A WATER BODY UNDER THE JURISDICTION OF THE DEPARTMENT
WHICH PURSUANT TO SECTION EIGHT HUNDRED SIXTEEN  OF  THE  EXECUTIVE  LAW
PROHIBITS FLOAT PLANE ACCESS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06261-01-5

A. 3604                             2

  C.  "CERTIFICATION/CERTIFIED"  MEANS  A SIGNED STATEMENT BY A LICENSED
PHYSICIAN ON A FORM PROVIDED BY THE DEPARTMENT, CERTIFYING THAT A PERSON
HAS ONE OR MORE IMPAIRMENTS, DISABILITIES OR CONDITIONS  AS  DEFINED  IN
PARAGRAPH  F  OF THIS SUBDIVISION WHICH DOCUMENT THE NEED FOR THE PERSON
TO USE A MOTOR VEHICLE, AND THE NATURE, DEGREE AND TERM OF THE DISABILI-
TY. THE CERTIFICATION SHALL SPECIFY THE LENGTH OF TIME DURING WHICH SUCH
CERTIFICATION  IS EFFECTIVE. ALL CERTIFICATIONS MUST BE DATED WITHIN ONE
YEAR PRIOR TO THE DATE OF APPLICATION.
  D. "COMPANION" MEANS A PERSON WHO MAY ACCOMPANY THE  QUALIFIED  PERSON
WITH A DISABILITY AS NECESSARY TO ATTEND TO HIS OR HER NEEDS.
  E.  "PERMIT"  MEANS  A  NONTRANSFERABLE  TEMPORARY REVOCABLE PERMIT AS
AUTHORIZED BY THIS SECTION TO ALLOW THE USE OF  STATE  LANDS  UNDER  THE
JURISDICTION OF THE DEPARTMENT.
  F. "QUALIFIED VETERAN" MEANS A VETERAN AS DEFINED IN THIS SECTION WITH
A DISABILITY WHO:
  (I) CANNOT WALK TWO HUNDRED FEET WITHOUT STOPPING TO REST; OR
  (II)  CANNOT  WALK  WITHOUT  THE  USE OF, OR ASSISTANCE FROM, A BRACE,
CANE, CRUTCH, ANOTHER PERSON, PROSTHETIC DEVICE,  WHEELCHAIR,  OR  OTHER
ASSISTIVE DEVICE; OR
  (III)  IS  RESTRICTED  BY  LUNG  DISEASE  TO  SUCH  AN EXTENT THAT THE
PERSON'S FORCED (RESPIRATORY) EXPIRATORY VOLUME  FOR  ONE  SECOND,  WHEN
MEASURED  BY  SPIROMETRY, IS LESS THAN ONE LITER, OR THE ARTERIAL OXYGEN
TENSION IS LESS THAN SIXTY MM/HG ON ROOM AIR AT REST; OR
  (IV) USES PORTABLE OXYGEN; OR
  (V) HAS A CARDIAC CONDITION TO THE EXTENT THAT THE PERSON'S FUNCTIONAL
LIMITATIONS ARE CLASSIFIED IN SEVERITY AS CLASS III OR CLASS IV, ACCORD-
ING TO STANDARDS SET BY THE AMERICAN HEART ASSOCIATION; OR
  (VI) IS SEVERELY LIMITED IN THEIR ABILITY TO WALK DUE TO AN ARTHRITIC,
NEUROLOGICAL, OR ORTHOPEDIC CONDITION.
  G. "REGIONAL LAND MANAGER"  MEANS  THE  INDIVIDUAL  CHARGED  WITH  THE
ADMINISTRATIVE RESPONSIBILITY FOR THE DEPARTMENT LANDS ON WHICH A QUALI-
FIED PERSON WITH A DISABILITY DESIRES ACCESS.
  H.  "VETERAN"  MEANS  A  PERSON (A) WHO SERVED IN THE ACTIVE MILITARY,
NAVAL, OR AIR SERVICE DURING A PERIOD OF WAR, OR WHO WAS A RECIPIENT  OF
THE  ARMED  FORCES EXPEDITIONARY MEDAL, NAVY EXPEDITIONARY MEDAL, MARINE
CORPS EXPEDITIONARY MEDAL, OR  GLOBAL  WAR  ON  TERRORISM  EXPEDITIONARY
MEDAL,  AND  WHO  WAS  DISCHARGED  OR RELEASED THEREFROM UNDER HONORABLE
CONDITIONS, (B) WHO WAS EMPLOYED BY THE WAR SHIPPING  ADMINISTRATION  OR
OFFICE  OF  DEFENSE  TRANSPORTATION OR THEIR AGENTS AS A MERCHANT SEAMAN
DOCUMENTED BY THE UNITED STATES COAST GUARD OR DEPARTMENT  OF  COMMERCE,
OR  AS  A  CIVIL  SERVANT  EMPLOYED  BY THE UNITED STATES ARMY TRANSPORT
SERVICE (LATER REDESIGNATED AS THE  UNITED  STATES  ARMY  TRANSPORTATION
CORPS,  WATER  DIVISION)  OR  THE  NAVAL TRANSPORTATION SERVICE; AND WHO
SERVED SATISFACTORILY AS A  CREW  MEMBER  DURING  THE  PERIOD  OF  ARMED
CONFLICT,  DECEMBER  SEVENTH,  NINETEEN  HUNDRED  FORTY-ONE,  TO  AUGUST
FIFTEENTH, NINETEEN  HUNDRED  FORTY-FIVE,  ABOARD  MERCHANT  VESSELS  IN
OCEANGOING,  I.E.,  FOREIGN,  INTERCOASTAL, OR COASTWISE SERVICE AS SUCH
TERMS ARE DEFINED UNDER FEDERAL LAW (46 USCA 10301 & 10501) AND  FURTHER
TO  INCLUDE "NEAR FOREIGN" VOYAGES BETWEEN THE UNITED STATES AND CANADA,
MEXICO, OR THE WEST INDIES VIA OCEAN ROUTES, OR PUBLIC VESSELS IN OCEAN-
GOING SERVICE OR FOREIGN WATERS AND WHO HAS RECEIVED  A  CERTIFICATE  OF
RELEASE OR DISCHARGE FROM ACTIVE DUTY AND A DISCHARGE CERTIFICATE, OR AN
HONORABLE SERVICE CERTIFICATE/REPORT OF CASUALTY, FROM THE DEPARTMENT OF
DEFENSE,  (C)  WHO  SERVED  AS  A UNITED STATES CIVILIAN EMPLOYED BY THE
AMERICAN FIELD SERVICE AND SERVED OVERSEAS UNDER  UNITED  STATES  ARMIES
AND UNITED STATES ARMY GROUPS IN WORLD WAR II DURING THE PERIOD OF ARMED

A. 3604                             3

CONFLICT,  DECEMBER  SEVENTH,  NINETEEN  HUNDRED  FORTY-ONE  THROUGH MAY
EIGHTH, NINETEEN HUNDRED FORTY-FIVE, AND WHO WAS DISCHARGED OR  RELEASED
THEREFROM  UNDER  HONORABLE  CONDITIONS,  OR  (D) WHO SERVED AS A UNITED
STATES  CIVILIAN FLIGHT CREW AND AVIATION GROUND SUPPORT EMPLOYEE OF PAN
AMERICAN WORLD AIRWAYS OR ONE OF ITS SUBSIDIARIES OR ITS AFFILIATES  AND
SERVED  OVERSEAS  AS A RESULT OF PAN AMERICAN'S CONTRACT WITH AIR TRANS-
PORT COMMAND OR NAVAL AIR TRANSPORT SERVICE DURING THE PERIOD  OF  ARMED
CONFLICT, DECEMBER FOURTEENTH, NINETEEN HUNDRED FORTY-ONE THROUGH AUGUST
FOURTEENTH,  NINETEEN  HUNDRED  FORTY-FIVE,  AND  WHO  WAS DISCHARGED OR
RELEASED THEREFROM UNDER HONORABLE CONDITIONS.
  2. THE DEPARTMENT SHALL PROVIDE A QUALIFIED VETERAN ACCESS BY A  FLOAT
PLANE  TO  APPROPRIATE  LANDS  UNDER  ITS  JURISDICTION  CONSISTENT WITH
SECTION ONE OF ARTICLE FOURTEEN OF THE STATE CONSTITUTION.  THE  DEPART-
MENT  SHALL DETERMINE ANNUALLY ON OR BEFORE JANUARY FIRST A MINIMUM FIVE
BODIES OF WATER UNDER THE JURISDICTION OF THE DEPARTMENT WHICH  PROHIBIT
FLOAT  PLANE  ACCESS PURSUANT TO THE MASTER PLAN DEVELOPED IN ACCORDANCE
WITH SECTION EIGHT HUNDRED SIXTEEN OF  THE  EXECUTIVE  LAW,  THAT  SHALL
BECOME  ACCESSIBLE  FOR QUALIFIED DISABLED VETERANS PURSUANT TO A PERMIT
ISSUED UNDER THE PROVISIONS OF THIS SECTION. THE DEPARTMENT,  IN  DETER-
MINING  WHICH BODIES OF WATER TO ALLOW FOR FLOAT PLANE ACCESS UNDER THIS
SECTION, SHALL ENSURE THAT SUCH ACCESS WILL  NOT  ADVERSELY  IMPACT  THE
ENVIRONMENT IN THE FOLLOWING MANNER;
  A.  THE  NATURAL RESOURCES OF THE AREA ABILITY TO SUSTAIN USE BY FLOAT
PLANE;
  B. THE COMPATIBILITY WITH OTHER PUBLIC USE OF THE AREA;
  C. THE SAFETY OF THE OPERATION OF A FLOAT PLANE  AND  THE  ABILITY  TO
PREVENT DANGEROUS CONDITIONS;
  D. A DEMONSTRATION THAT SIGNIFICANT ECOLOGICAL AREAS INCLUDING BUT NOT
LIMITED  TO  THE  FOLLOWING:    EXCEPTIONAL FOREST OR PLANT COMMUNITIES,
SHORELINES, UNIQUE AREAS, WETLANDS,  HABITATS  FOR  RARE  OR  THREATENED
SPECIES,  AND BIOLOGICAL DIVERSITY AREAS POSSESSING UNIQUE, EXEMPLARY OR
SIGNIFICANT NATURAL COMMUNITY REQUIRING SPECIAL PROTECTION, WILL NOT  BE
ADVERSELY AFFECTED BY THE OPERATION OF A FLOAT PLANE CONSISTENT WITH THE
PROVISIONS OF THIS SECTION.
  3.  A  QUALIFIED DISABLED VETERAN MAY OBTAIN A PERMIT FOR THE USE OF A
FLOAT PLANE ON DESIGNATED BODIES OF WATER PURSUANT TO THIS  SUBDIVISION.
SUCH  PERMIT  WILL AUTHORIZE TRAVEL BY A FLOAT PLANE TO AREAS DESIGNATED
IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION.
  A. THE APPLICANT MUST  PRESENT  CERTIFICATION  OF  HIS/HER  QUALIFYING
DISABILITY  UPON APPLICATION, UNLESS THE PERSON HAS AN OBVIOUS, VISUALLY
IDENTIFIABLE PERMANENT QUALIFYING DISABILITY, OR THE APPLICANT  PRESENTS
A NON-AMBULATORY HUNTER PERMIT.
  B.  THE  APPLICANT MUST SUBMIT A COMPLETED APPLICATION TO ANY REGIONAL
OFFICE OF THE DEPARTMENT IN WHICH A DESIGNATED BODY OF WATER IS LOCATED.
  C. THE PERMIT SHALL SPECIFY THE AUTHORIZATION FOR UP TO THREE  COMPAN-
IONS  TO  ACCOMPANY THE QUALIFIED PERSON WITH A DISABILITY, IF HE OR SHE
CHOOSES TO BE SO ACCOMPANIED. THE PERMIT SHALL SPECIFY  THAT  ACCESS  IS
LIMITED  TO  DESIGNATED  AND SPECIFICALLY IDENTIFIED WATER BODIES WITHIN
THE ADIRONDACK PARK.
  D. THE APPLICATION PACKAGE SHALL BE  PROCESSED  IN  THE  REGION  AS  A
ROUTINE PERMIT, WITH A TEN WORKDAY MAXIMUM PROCESSING TIME.
  E.  THE  PERMIT  MAY  BE ISSUED FOR ANY TIME PERIOD, NOT TO EXCEED ONE
YEAR FROM DATE OF ISSUE, EXCEPT THAT A PERMIT MAY BE ISSUED FOR A PERIOD
OF FIVE YEARS TO A QUALIFIED VETERAN WITH A DISABILITY EITHER  CERTIFIED
OR VISUALLY OBVIOUS AS PERMANENT.

A. 3604                             4

  F.  THE  PERMIT  MAY  BE  RENEWED WITHOUT RECERTIFYING THE DISABILITY,
PROVIDED THAT THE REQUEST FOR RENEWAL IS WITHIN THE TERM OF THE DISABIL-
ITY AS DESCRIBED IN THE ORIGINAL CERTIFICATION.
  G.  THE  DEPARTMENT  WILL ASSURE THAT RENEWAL APPLICATIONS ARE SENT TO
PERMITTEES, OTHER THAN THOSE WITH A PERMANENT DISABILITY.  THE  REMINDER
NOTICE  WILL  INCLUDE  A  QUESTIONNAIRE TO SURVEY THE EFFICIENCY OF THIS
PERMIT SYSTEM. QUESTIONNAIRES WILL  ALSO  BE  SENT  ROUTINELY  TO  THOSE
PERSONS WITH A FIVE-YEAR PERMIT.
  4.  A.  THE  DEPARTMENT SHALL DENY THE APPLICATION FOR A PERMIT IF THE
APPLICANT DOES NOT MEET THE QUALIFYING REQUIREMENTS. THE  APPLICANT  MAY
REAPPLY  AT  ANY  TIME, ONCE THE CONDITIONS FOR RECEIVING THE PERMIT ARE
MET.
  B. THE APPLICANT MAY APPEAL THE DENIAL OF A  PERMIT  TO  THE  REGIONAL
SUPERVISOR  OF  NATURAL RESOURCES FOR THE REGION IN WHICH THE PERMIT WAS
ISSUED WITHIN THIRTY WORKDAYS OF THE DATE OF NOTIFICATION OF DENIAL.  IF
REQUESTED BY THE APPLICANT, THE REGIONAL SUPERVISOR OF NATURAL RESOURCES
WILL  SCHEDULE  A  MEETING  BETWEEN  THE APPLICANT AND THE REGIONAL LAND
MANAGER. THE REGIONAL SUPERVISOR OF NATURAL  RESOURCES  SHALL  RENDER  A
DECISION  WITHIN  TEN  WORKDAYS  OF RECEIPT OF THE APPLICANT'S APPEAL OR
FROM THE DATE OF THE MEETING. THE APPLICANT MAY APPEAL THE  DECISION  OF
THE  REGIONAL  SUPERVISOR  OF NATURAL RESOURCES TO THE REGIONAL DIRECTOR
WITHIN THIRTY WORKDAYS OF THE SECOND DENIAL. THE REGIONAL DIRECTOR  WILL
ISSUE A FINAL DECISION WITHIN FIFTEEN WORKDAYS OF RECEIPT OF THE APPEAL.
  5.  A.  A  PERMIT  MAY  BE SUSPENDED OR REVOKED AT ANY TIME DURING THE
DURATION OF THE PERMIT IF THE CONDITIONS OF THE PERMIT ARE NOT MET,  THE
PERMITTEE  AND/OR  A COMPANION IS IN VIOLATION OF ANY PROVISIONS OF THIS
SECTION OR OF ANY RULE OR REGULATION PROMULGATED BY  THE  DEPARTMENT  OR
THE  ADIRONDACK PARK AGENCY OR ANY OTHER RELEVANT STATE OR FEDERAL LAWS.
FOR MINOR VIOLATIONS, THE REGIONAL LAND MANAGER WILL FOLLOW  THE  PROCE-
DURES  FOR  THE  SUSPENSION  OF  A PERMIT, AS DESCRIBED IN THIS SECTION.
HOWEVER, FOR MAJOR VIOLATIONS, THE REGIONAL LAND MANAGER MAY REVOKE  THE
PERMIT  IMMEDIATELY.  THE PERMITTEE MAY APPEAL THE REVOCATION, FOLLOWING
THE PROCEDURE FOR APPEALING A REVOCATION.
  B. THE PERMIT HOLDER SHALL BE GIVEN NOTICE OF  PENDING  SUSPENSION  BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND SHALL BE ALLOWED TEN WORK-
DAYS  FROM DATE OF RECEIPT TO CONFORM TO THE CONDITIONS OR PROVISIONS OF
THE PERMIT. HOWEVER, IF THE SITUATION FOR COMPLIANCE IS DEEMED  CRITICAL
BY  THE  REGIONAL  LAND  MANAGER,  HE OR SHE MAY IMMEDIATELY SUSPEND THE
PERMIT. IF THE PERMIT IS SUSPENDED, NOTICE SHALL  ALSO  BE  GIVEN  THAT,
UNLESS  THE  CONDITIONS  OR PROVISIONS OF THE PERMIT ARE ADHERED TO, THE
PERMIT SHALL BE REVOKED AT THE END OF THE TEN-WORKDAY SUSPENSION PERIOD.
  C. THE REGIONAL LAND MANAGER SHALL INITIATE THE PROCEDURE  TO  SUSPEND
THE  PERMIT,  PREPARING A MEMORANDUM CITING THE REASON FOR SUSPENSION TO
THE REGIONAL SUPERVISOR OF NATURAL RESOURCES. THE REGIONAL SUPERVISOR OF
NATURAL RESOURCES SHALL NOTIFY THE PERMITTEE IN WRITING OF THE IMPENDING
SUSPENSION, THE REASON OR REASONS  JUSTIFYING  THE  SUSPENSION  AND  THE
REQUIREMENT OR REQUIREMENTS TO RECTIFY THE SITUATION.
  D.  IF  A  PERMITTEE  FAILS  TO COMPLY WITH THE CONDITIONS TO LIFT THE
SUSPENSION, THE REGIONAL SUPERVISOR OF NATURAL RESOURCES  SHALL  PROCEED
WITH NOTIFICATION OF THE REVOCATION OF THE PERMIT.
  E.  A  PERMITTEE MAY APPEAL THE REVOCATION OF A PERMIT TO THE REGIONAL
SUPERVISOR OF NATURAL RESOURCES FOR THE REGION IN WHICH THE  PERMIT  WAS
ISSUED  WITHIN THIRTY WORKDAYS OF THE DATE OF NOTIFICATION. IF REQUESTED
BY A PERMITTEE, THE REGIONAL SUPERVISOR OF NATURAL RESOURCES WILL SCHED-
ULE A MEETING BETWEEN THE PERMITTEE AND THE REGIONAL LAND  MANAGER.  THE
REGIONAL  SUPERVISOR OF NATURAL RESOURCES SHALL RENDER A DECISION WITHIN

A. 3604                             5

TEN WORKDAYS OF RECEIPT OF THE PERMITTEE'S APPEAL OR FROM  THE  DATE  OF
THE  MEETING.  THE  PERMITTEE  MAY  APPEAL  THE DECISION OF THE REGIONAL
SUPERVISOR OF NATURAL RESOURCES TO THE REGIONAL DIRECTOR WITHIN  FIFTEEN
WORKDAYS OF THE DENIAL OF THE APPEAL. THE REGIONAL DIRECTOR WILL ISSUE A
FINAL DECISION WITHIN FIFTEEN WORKDAYS OF RECEIPT OF THE APPEAL.
  F.  A  PERMITTEE  SHALL NOT BE AUTHORIZED TO USE THE PERMIT DURING THE
TERM OF THE SUSPENSION, REVOCATION OR APPEAL PROCESS.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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