LBD09928-05-0
A. 10392--B 2
to the development, operation and supervision of both such existing and
such proposed development to a public benefit corporation which [shall
be] HAS BEEN under the supervision of the commissioner of housing and
community renewal; and (d) it is in the public interest that [such a]
THE public benefit corporation plan, design, develop, operate, maintain
and manage Roosevelt Island, [that such corporation] AND have vested in
it such powers as are necessary or convenient to effectuate those func-
tions and that the division of housing and community renewal be author-
ized to assist such corporation in the performance of its duties with
respect to Roosevelt Island.
S 2. DEFINITIONS. As used in this act, the following terms shall have
the following meanings:
1. "City" shall mean the city of New York.
2. "Commissioner" shall mean the commissioner of housing and community
renewal.
3. "Corporation" shall mean the Roosevelt Island operating corpo-
ration created by section three of this act.
4. "Development subleases" shall mean (a) the sublease dated August
[first, nineteen hundred eighty] 1, 1980 between the urban development
corporation and the city, (b) the ground lease, dated October [thirti-
eth, nineteen hundred seventy-two] 30, 1972, between the urban develop-
ment corporation and North Town Phase II Houses, Inc., (c) the ground
lease, dated April [twenty-fifth, nineteen hundred seventy-three] 25,
1973, between the urban development corporation and North Town Phase III
Houses, Inc., [and] (d) the restated ground lease, dated November [thir-
tieth, nineteen hundred seventy-seven] 30, 1977, between the urban
development corporation and Rivercross Tenants' Corporation, (E) THE
GROUND LEASE BETWEEN THE CORPORATION AND MANHATTAN PARK DATED AUGUST 4,
1986, (F) THE GROUND LEASE BETWEEN THE CORPORATION AND RELATED AND
HUDSON COMPANIES DATED DECEMBER 21, 2001, (G) THE SUBLEASE BETWEEN THE
CORPORATION AND MEPT OCTAGON, LLC DATED NOVEMBER 3, 2004, AND (H) ALL
OTHER RELATED LEASES.
5. "Division" shall mean the New York state division of housing and
community renewal.
6. "Lease" shall mean the lease, dated December [twenty-third, nine-
teen hundred sixty-nine] 23, 1969, as heretofore or hereafter amended,
among the city of New York, the New York state urban development corpo-
ration and the Roosevelt Island development corporation, pursuant to
which the city leased substantially all of Roosevelt Island to the New
York state urban development corporation for development substantially
in accordance with the development plan referred to therein.
7. "Roosevelt Island" shall mean the island located in the East
River, city and county of New York, extending from approximately fifti-
eth street to eighty-sixth street in Manhattan.
8. "Safe affordable housing for everyone, inc." shall mean the New
York corporation organized under article [six-A] 6-A of the private
housing finance law and under the supervision and control of the commis-
sioner.
9. "Tramway franchise" shall mean the franchise for the Roosevelt
Island tramway granted by the city to the urban development corporation
on February [nineteenth, nineteen hundred seventy-four] 19, 1974.
10. "Urban development corporation" shall mean the New York state
urban development corporation AND ANY SUCCESSOR AGENCY.
S 3. ESTABLISHMENT OF CORPORATION; ORGANIZATION OF BOARD. 1. To effec-
tuate the purposes and provisions of this act, there is hereby created
the "Roosevelt Island operating corporation", which shall be a body
A. 10392--B 3
corporate and politic constituting a public benefit corporation and a
political subdivision of the state of New York.
2. The board of directors of the corporation shall be composed of nine
members. One member shall be the commissioner, who shall serve as the
chair; one member shall be the director of the budget; and seven public
members shall be appointed by the governor [with], ONE UPON the [advice
and consent] RECOMMENDATION of the [senate. Of the seven public
members,] LOCAL MEMBER OF THE STATE SENATE, ONE UPON THE RECOMMENDATION
OF THE LOCAL MEMBER OF THE STATE ASSEMBLY, two members[, one of whom
shall be a resident of Roosevelt Island, shall be appointed] upon the
recommendation of the mayor of the city[; and four additional]. ALL
SEVEN PUBLIC members shall be residents of Roosevelt Island AND THE
APPOINTMENT OF SUCH MEMBERS SHALL BE SUBJECT TO THE ADVICE AND CONSENT
OF THE SENATE. Each member shall serve for a term of [four] THREE years
and until [his or her] A successor shall have been appointed and shall
have qualified, except that (a) two of the initial public members
appointed by the governor, one of whom is a resident of Roosevelt
Island, and the Roosevelt Island resident member appointed upon the
recommendation of the mayor of the city shall serve for terms of two
years each, and (b) the commissioner and the director of the budget
shall serve so long as they continue to hold their respective offices.
Any action taken by the directors of the corporation shall be taken by
majority vote of the directors then in office. The elected public offi-
cials who represent Roosevelt Island shall be representatives to the
board of directors of the corporation entitled to receive notice of and
attend all meetings of such board AND BE PROVIDED WITH ALL INFORMATION
RECEIVED BY THE MEMBERS FOR ALL AGENDA ITEMS but shall not be entitled
to vote. Failure to give such notice shall not [effect] AFFECT the
validity of any action taken at a meeting of such board. ALL MEETINGS
OF THE BOARD OF DIRECTORS OR ANY COMMITTEE OF THE BOARD SHALL BE SUBJECT
TO THE OPEN MEETINGS LAW. AT EVERY MEETING OF THE BOARD OF DIRECTORS,
THERE SHALL BE AN OPPORTUNITY FOR THE PUBLIC TO COMMENT ON THE MEETING'S
AGENDA ITEMS BEFORE ANY VOTE BY THE BOARD OF DIRECTORS ON THOSE ITEMS.
3. The governor may fill any vacancy which occurs on the board of
directors of the corporation in a manner consistent with the original
appointment. Any member of the corporation may be removed by the gover-
nor for cause, but not without an opportunity to be heard, in person or
by counsel, in his OR HER defense, upon not less than ten days' written
notice.
4. The commissioner and the director of the budget may each designate
an officer or employee of his OR HER respective division to represent
such member at meetings of the corporation. Such designation shall be by
written notice filed with the [chairman] CHAIR or the secretary of the
corporation by the member making the designation, and may be revoked at
any time by similar notice. Any representative so designated shall have
the power to attend and to vote at any meeting of the corporation from
which the member making the designation is absent with the same force
and effect as if the member making the designation were present and
voting. No such designation shall limit the right of the member making
the designation to attend and vote in person at any meeting of the
corporation.
5. A member of the corporation who is not an officer or employee of
the state or the city shall not receive a salary or other compensation,
but shall be entitled to reimbursement for actual and necessary expenses
incurred in the performance of official duties as a member. A member of
the corporation who is not an officer or employee of the state or the
A. 10392--B 4
city may engage in private employment, or in a profession or business,
unless otherwise prohibited by law from doing so. Notwithstanding any
other provision of law, general, special, or local, no officer or
employee of the state or any civil division thereof shall be deemed to
have forfeited, or shall forfeit such office of employment because of
acceptance of membership in the corporation, or by virtue of being an
officer, employee or agent thereof.
S 4. POWERS OF CORPORATION. The corporation's powers shall be limited
to carrying out the development, management and operation of Roosevelt
Island. In carrying out such development, management and operation, the
corporation shall have the power to:
1. Sue and be sued;
2. Have a seal and alter the same at pleasure;
3. Make and alter by-laws for its organization and internal management
and make rules and regulations governing the use of its property and
facilities;
4. Make and execute contracts and all other instruments necessary or
convenient for the exercise of its powers and functions under this act;
PROVIDED, HOWEVER, THAT THE CORPORATION SHALL BE CONSIDERED A CORPO-
RATION AS THAT TERM IS USED IN SECTION 2879 OF THE PUBLIC AUTHORITIES
LAW;
5. Acquire in the name of the corporation by purchase, grant or gift,
or by the exercise of the power of eminent domain pursuant to the
eminent domain procedure law, or otherwise, real or personal property,
or any interest therein deemed necessary or desirable for the develop-
ment, management or operation of Roosevelt Island, including, without
limitation, leasehold interest, air and subsurface rights, easements and
lands under water at the site of Roosevelt Island or in the general
vicinity thereof, and to subject such property or interest therein to a
purchase money or other lien or security interest in connection with the
acquisition and development thereof, provided that the corporation shall
have no authority or power to issue any notes, bonds or other debt obli-
gations, whether for the purpose of financing the development of Roose-
velt Island or otherwise;
6. Hold and dispose of real or personal property for its corporate
purposes;
7. Appoint officers, agents and employees, prescribe their duties and
fix their compensation in accordance with a staffing and compensation
plan submitted to and approved by the director of the budget, PROVIDED
THAT PRIOR TO HIRING THE CHIEF EXECUTIVE OFFICER OF THE CORPORATION, THE
BOARD SHALL INTERVIEW AT LEAST THREE QUALIFIED CANDIDATES FOR THE POSI-
TION. PRIOR TO HIRING THE CHIEF EXECUTIVE OFFICER, THE BOARD SHALL HOLD
A PUBLIC HEARING, WITH NOTICE TO THE PUBLIC AND HELD IN ACCORDANCE WITH
ARTICLE 7 OF THE PUBLIC OFFICERS LAW, FOR THE PURPOSE OF INTERVIEWING
THE CANDIDATE(S) AND ALLOWING THE PUBLIC AS WELL AS THE BOARD TO QUES-
TION THE CANDIDATE;
8. Engage the services of private consultants on a contract basis for
rendering professional and technical assistance advice;
9. Procure insurance against any loss in connection with its activ-
ities, properties and other assets, in such amount and from such insur-
ers as it deems desirable;
10. Charge and collect fees, rents and other charges for the occupancy
or other use of real or personal property or facilities owned, operated,
managed or regulated by the corporation;
11. Accept any gifts or grants of money or property, or financial or
other aid in any form, from the federal government, the state, or the
A. 10392--B 5
city (or any instrumentality of any such government) or from any other
source and, subject to the provisions of this act and other applicable
law, to comply with any conditions of such assistance and execute any
contracts or other instruments in connection therewith;
12. Invest any funds of the corporation, or any other monies under its
custody and control not required for immediate use or disbursement, at
the discretion of the corporation, in obligations of the state or the
United States government or obligations the principal and interest of
which are guaranteed by the state or the United States government, or in
any other obligations in which the comptroller of the state is author-
ized to invest pursuant to section [ninety-eight] 98 of the state
finance law;
13. Enter into such agreements with the state, the urban development
corporation and the city as the parties thereto deem appropriate to
effectuate the provisions of this act;
14. Assume and perform the obligations and responsibilities of the
urban development corporation under the lease, the tramway franchise,
and all other contracts, leases, and agreements heretofore entered into
by the urban development corporation relating to the development,
management and operation of Roosevelt Island (except that the corpo-
ration shall not assume any of the rights, duties and responsibilities
of the urban development corporation in relation to any bonds or notes
issued, or mortgages or security agreements held, by the urban develop-
ment corporation or any of its subsidiaries) and exercise all of the
rights of the urban development corporation with respect thereto; [and]
15. Do and perform all other acts necessary or convenient to carry
out the foregoing in connection with the development, management or
operation of Roosevelt Island.
S 5. RULES AND REGULATIONS; APPROVAL OF DEVELOPMENT PLAN AMENDMENTS;
APPLICABILITY OF LOCAL LAWS. 1. The corporation shall promulgate such
rules and regulations as it shall deem appropriate to provide an oppor-
tunity for residents of Roosevelt Island to comment upon any major
amendment of the development plan for Roosevelt Island referred to in
the lease at a public hearing held prior to its adoption by the corpo-
ration.
2. Any amendment of the development plan for Roosevelt Island referred
to in the lease shall be subject to the review and approval of the
director of the budget, and the corporation shall not enter into any
agreement for the design or construction of any improvement provided for
in any [such] amendment TO THE DEVELOPMENT PLAN FOR ROOSEVELT ISLAND
prior to [such] approval.
3. The requirements of all local laws, ordinances, codes, charters or
regulations shall be applicable to the construction, alteration or
improvement of any building or structure on Roosevelt Island, provided
that the corporation may, in lieu of such compliance, determine that the
requirements of the New York state uniform fire prevention and building
code, formulated by the state fire prevention and building code council
pursuant to article eighteen of the executive law, shall be applicable
to such work. In the event of such compliance with the New York state
uniform fire prevention and building code, the city shall have no power
to modify any drawings, plans or specifications for such work or for the
plumbing, heating, lighting or other mechanical branches thereof, or to
require that any person, firm or corporation employed on any such work
perform the same except as provided by such plans and specifications or
obtain any additional authority, approval, permit or certificate from
the city in connection therewith.
A. 10392--B 6
S 6. POWERS AND DUTIES OF URBAN DEVELOPMENT CORPORATION; LEASE AND
TRAMWAY FRANCHISE. 1. The corporation shall perform all obligations of
the urban development corporation or any of its subsidiaries with
respect to the development, management and operation of Roosevelt
Island, including, without limitation, all such obligations arising
under the lease and the tramway franchise.
2. The urban development corporation, the division and the corporation
shall each use their best efforts to obtain any required consents to the
assignment of the lease and the tramway franchise from the urban devel-
opment corporation to the corporation and to any other assumption by the
corporation of the obligations of the urban development corporation or
any of its subsidiaries under any other contracts, leases, agreements or
instruments entered into by the urban development corporation, or any
such subsidiary, relating to the development, management or operation of
Roosevelt Island (other than any bonds or notes issued, or mortgages or
security agreements held, by the urban development corporation or any of
its subsidiaries) and, upon obtaining such consents, the corporation and
the urban development corporation shall enter into such agreements and
take such actions as shall be necessary to effectuate such assignments
and assumptions, provided that in order to permit the urban development
corporation to recover the investment which it has heretofore made in
the development of Roosevelt Island, such agreements shall provide
appropriate assurances satisfactory to the urban development corporation
(a) for the prompt payment directly to the urban development corporation
of (i) all sums from time to time due from lessees under the development
subleases and (ii) all sums received by the corporation from the city in
connection with the termination of the lease, and (b) for the amending
or supplementing of the development subleases to the extent, if any,
necessary to protect the rights of the holders of any mortgages on the
leasehold interests created thereunder. Nothing in this act shall (a)
constitute or authorize an assignment by the urban development corpo-
ration (or any subsidiary thereof) of any mortgage or security interest
held by the urban development corporation (or any such subsidiary) on
any real or personal property or interest therein on Roosevelt Island or
any rights or obligations of the urban development corporation (or any
such subsidiary) arising under any such mortgage or security agreement,
(b) relieve the urban development corporation of any of its obligations
under any bonds heretofore issued by the urban development corporation,
or (c) otherwise affect the interests of the holders of any such bonds.
3. All revenues (other than state appropriations) derived from the
contracts, leases, agreements or instruments assigned to or assumed by
the corporation pursuant to subdivision two of this section shall be
applied first to the payment of those obligations assigned to or assumed
by the corporation.
4. The urban development corporation and the corporation are hereby
authorized to enter into such agreements with the city as the corpo-
ration shall determine to be appropriate to amend, reform or supplement
the lease (including the development plan referred to therein) and the
tramway franchise in order to carry out the purposes of this act. The
provisions of any general, special or local law notwithstanding, the
city is hereby authorized, upon the approval of the board of estimate of
the city, to enter into any such agreements with the corporation and the
urban development corporation.
S 7. EQUAL EMPLOYMENT OPPORTUNITIES. 1. The corporation shall not
discriminate against employees or applicants for employment because of
race, creed, color, national origin, sex, age, disability or marital
A. 10392--B 7
status, and will undertake or continue programs of affirmative action to
ensure that minority group persons and women are afforded equal employ-
ment opportunity without discrimination. Such action shall be taken with
reference, but not be limited, to recruitment, employment, job assign-
ment, promotion, upgrading, demotion, transfer, layoff, termination,
rate of pay or other forms of compensation, and selections for training
or retraining, including apprenticeship and on-the-job training.
2. The corporation shall request each employment agency, labor union,
or authorized representative of workers with which it has a collective
bargaining or other agreement or understanding, to furnish a written
statement that such employment agency, labor union or representative
shall not discriminate because of race, creed, color, national origin,
sex, age, disability or marital status and that such union or represen-
tative will cooperate in the implementation of the corporation's obli-
gations hereunder.
3. The corporation shall state, in all solicitations or advertisements
for employees placed by or on behalf of the corporation, that all quali-
fied applicants will be afforded equal employment opportunity without
discrimination because of race, creed, color, national origin, sex, age,
disability or marital status.
4. The corporation shall seek meaningful participation by minority
business enterprises in the programs of the corporation and shall
actively and affirmatively promote and assist their participation in the
corporation's programs, so as to facilitate the award of a fair share of
contracts to such enterprises. For purposes hereof, "minority business
enterprise" shall mean any business enterprise which is at least
[fifty-one] 51 per centum owned by, or in the case of publicly owned
business, at least [fifty-one] 51 per centum of the stock of which is
owned by, citizens or permanent resident aliens who are Black, Hispanic,
Asian, American Indian or women, and such ownership interest is real,
substantial and continuing.
S 8. [a.] NOTICE OF CLAIMS. 1. The state shall indemnify and hold
harmless the corporation, urban development corporation and safe afford-
able housing for everyone, inc., and pursuant to section [seventeen] 17
of the public officers law, their respective officers, directors and
employees, from and against any and all liability, claim, loss, damage,
suit or judgment and any and all costs and expenses (including, but not
limited to, counsel fees and disbursements) that such corporations or
their officers, directors or employees may suffer or incur, whether
before or after the date hereof, as a result of either (a) the develop-
ment, management or operation of Roosevelt Island or (b) the performance
or non-performance by the division of any of its obligations or duties
with respect to Roosevelt Island. All of the provisions of section
[seventeen] 17 of the public officers law which are not inconsistent
with this section shall apply to the officers, directors, and employees
of such corporations, including the provisions relating to the defense
by the attorney general or private counsel of any civil action and the
payment of legal costs incurred in connection with the defense of any
such action. Any member, officer or employee of such corporations seek-
ing to be saved harmless or indemnified or to claim any other benefits
available pursuant to this section or section [seventeen] 17 of the
public officers law shall comply with the procedural requirements of
such section [seventeen] 17. As used in this section the terms
"member", "officer" and "employee" shall include a former member, offi-
cer or employee, his estate or judicially appointed personal represen-
tative.
A. 10392--B 8
2. A notice of claim, served in accordance with the provisions of
section [fifty-e] 50-E of the general municipal law, shall be a condi-
tion precedent to the commencement of an action against the corporation,
its officers, directors and employees. No such action shall be commenced
more than one year after it has accrued, except that an action against
the corporation for wrongful death shall be commenced within the notice
of claim and time limitation provisions of title [eleven] 11 of article
[nine] 9 of the public authorities law.
[b. 1.] 3. Notwithstanding the provisions of section [one hundred
thirteen] 113 of the retirement and social security law and any other
general, special or local law, the Roosevelt Island operating corpo-
ration shall provide to persons employed by the Roosevelt Island operat-
ing corporation any retirement, disability, death or other benefits
provided or required pursuant to any agreement with a labor union of
which its employees are members, and the Roosevelt Island operating
corporation is hereby authorized to retroactively or in the future make
such contributions as may be necessary to provide such benefits.
[2.] 4. For purposes of the retirement and social security law,
persons employed by the Roosevelt Island operating corporation and to
whom the Roosevelt Island operating corporation provides any retirement,
disability, death and other benefits required pursuant to any agreement
with a labor union of which its employees are members, shall be deemed
not to be employees of the Roosevelt Island operating corporation. Such
other persons who are employees of the Roosevelt Island operating corpo-
ration as of the effective date of this act shall be eligible to receive
credit under the retirement and social security law for previous service
with the entities (or where applicable, their subsidiaries) made subject
to section [seventeen] 17 of the public officers law by subdivision [a]
ONE of this section.
S 9. ANNUAL BUDGET AND REPORT. 1. On or before September [fifteenth,
nineteen hundred eighty-four] 15, 1984 and on each September fifteenth
thereafter, the [chairman] CHAIR of the corporation shall make and
deliver to the director of the budget for his OR HER review AND TO THE
BOARD OF DIRECTORS a proposed budget for the operation of the corpo-
ration for the next fiscal year of the state. The [chairman] CHAIR of
the corporation shall also deliver a copy of such budget to the [chair-
man] 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 include the
total amount needed for corporate purposes, including the funds required
by the corporation for operation of Roosevelt Island facilities and
improvements, the source of all funds that the corporation expects to
receive and such other information as the director of the budget shall
require OR AS MAY BE REQUIRED BY THE BOARD OF DIRECTORS. The governor
shall recommend in his OR HER annual budget such appropriations to the
corporation for its CAPITAL NEEDS AND operations as he OR SHE deems
necessary.
2. The corporation shall submit to the director of the budget,
[chairman] CHAIR of the senate finance committee [and chairman], THE
CHAIR of the assembly ways and means committee, within ninety days after
the end of its fiscal year, a complete and detailed report setting forth
(a) [its] THE CORPORATION'S operations and accomplishments, and (b) its
receipts and expenditures during such fiscal year in accordance with
categories and classifications established by the corporation, with the
approval of the director of the budget, for its operating and capital
outlay purposes.
A. 10392--B 9
S 10. FUTURE MANAGEMENT STUDY. The corporation shall [also] study the
future operation and management of Roosevelt Island AT LEAST ONCE IN
EACH DECADE. [Such study shall be completed by December thirty-first,
nineteen hundred eighty-five.]
S 10-a. Open space development prohibited. Notwithstanding any other
provision of this act, or any other law to the contrary, on or after the
effective date of this section, no further development or construction
for other than park purposes shall be permitted on any real property
which is identified as open space areas in the general development plan
as amended May 10, 1990 and approved by the board of estimate of the
city of New York on August 17, 1990 and referred to in the lease defined
in subdivision six of section two of this act, and on such real property
shall remain open space areas for the duration of the lease unless such
development or construction includes the reconstruction, restoration,
rehabilitation or preservation of the historic landmarks located in such
open space areas and furthers the use of the areas surrounding the
historic landmarks as open space areas. Open space areas, as used in
this section shall INCLUDE, BUT NOT be limited to Lighthouse park, Octa-
gon park, Blackwell park, and South Point park.
S 11. LIABILITY FOR COMMUNITY OBLIGATIONS; TAX EXEMPTION. 1. The
obligations of the corporation shall not be debts of the state, and the
state shall not be liable thereon, and such obligations shall not be
payable out of any funds other than those of the corporation.
2. It is hereby found, determined and declared that the creation of
the corporation and the carrying out of its purposes is in all respects
for the benefit of the people of the state and is a public purpose, and
that the corporation will be performing an essential governmental func-
tion in the exercise of the powers conferred upon it by this act. The
corporation and its operations, property and moneys shall be free and
exempt from taxation of every kind by the city and the state and any
subdivision thereof. Except as hereinabove provided and except as may
otherwise specifically be provided, nothing contained in this act shall
confer exemption from any tax, assessment or fee upon any person, firm,
corporation or other entity, or upon the obligations of any of them.
3. ANY EXPENDITURES OF THE CORPORATION SHALL BE IN ACCORDANCE WITH THE
ADOPTED BUDGET OR A MODIFICATION APPROVED BY THE BOARD OF DIRECTORS.
EXPENDITURES SHALL BE MADE BY CHECK, SIGNED AS PROVIDED BY THE BY-LAWS.
S 12. DIVISION OF HOUSING AND COMMUNITY RENEWAL; ASSISTANCE AND
SERVICES. The corporation may from time to time request the division to
perform such services and render such technical assistance to the corpo-
ration with respect to the development, management or operation of
Roosevelt Island as the corporation deems necessary or convenient and
may provide for the reimbursement to the division by the corporation of
the reasonable cost of such services. The division is hereby authorized
to perform such services and render such technical assistance as may be
agreed upon between the division and the corporation pursuant to this
section. In addition, the commissioner is hereby authorized to represent
the corporation in any negotiations with the city concerning amendments
or supplements to or reformations of the lease and tramway franchise as
contemplated by section six of this act.
S 13. OPERATION OF MOTOR VEHICLES. In addition to any other power
conferred upon it by this act, the corporation is hereby authorized to
prescribe rules and regulations governing the operation (including the
parking, standing or stopping) of vehicles on Roosevelt Island; provided
however, that such rules and regulations shall not UNREASONABLY restrict
access to any city facilities situated on Roosevelt Island nor unreason-
A. 10392--B 10
ably restrict parking by city of New York employees, their visitors and
invitees IN THE IMMEDIATE VICINITY OF SUCH CITY FACILITIES. The
violation of such rules or regulations shall be an offense punishable
upon a first conviction thereof by a fine of not more than [fifty] 50
dollars, upon a second within a period of [eighteen] 18 months by a fine
of not more than [one hundred fifty] 150 dollars, and upon a third or
subsequent conviction thereof within a period of [eighteen] 18 months by
a fine of not more than [one hundred fifty] 150 dollars, or by imprison-
ment for not more than [thirty] 30 days, or by both such fine and such
imprisonment. For purposes of enforcement and administration of such
rules and regulations, including but not limited to conferring jurisdic-
tion with respect thereto upon the applicable courts and administrative
tribunals, all provisions of law relating to, and rules or regulations
of, the New York city department of transportation not inconsistent with
this act shall be applicable.
S 14. SEPARABILITY OF PROVISIONS. If any section, clause or provision
of this act or the application thereof shall be adjudged invalid, such
judgment shall not affect or invalidate any other section, clause or
provision of this act.
S 15. TRANSFER OF FUNDS. 1. Notwithstanding the provisions of any
general or special law, the director of the budget is authorized to
transfer to the corporation from funds appropriated to the division for
the fiscal year beginning April [first, nineteen hundred eighty-four] 1,
1984, the amount he determines necessary to carry out the provisions of
this act, including providing for Roosevelt Island operations, capital
improvement program and any other appropriate management expenses.
2. Notwithstanding the provisions of any general or special law, no
part of such appropriations shall be available for the purposes desig-
nated until a certificate of approval of availability shall have been
issued by the director of the budget and a copy of such certificate is
filed with the state comptroller, the [chairman] CHAIR of the senate
finance committee and the [chairman] CHAIR of the assembly ways and
means committee. Such certificate may be amended from time to time,
subject to the approval of the director of the budget, and a copy of
each such amendment shall be filed with the state comptroller, the
[chairman] CHAIR of the senate finance committee and the [chairman]
CHAIR of the assembly ways and means committee.
S 16. This act shall take effect [thirty days] ON THE THIRTIETH DAY
after it shall have become a law.
S 2. This act shall take effect immediately.